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4. That on or about Ootober 1, 1993, Chester Hoffman anlS
Rathryn Eaton were business partners trading enlS doing bus in... a.
R.C. professional Hair Design and had a place of business at 2011
Market street, Camp Hill, Cumberland county, Pennsylvania 17011.
5, On October 1, 1993, at sometime between 2:30 p.m. anlS
3100 p.m., Plaintiff was a business invitee of the Defendants'
establishment and was on the premises for the purpose of having
services performed on her hair,
6. At the above said time and place, the Defendants' agents
and/or employees, completed one process at which time there was a
waiting period before the eubsequent process could occur.
Plaintiff, as was her usual practice, with said practice being
known by the Defendants, obtained some magazines and intended to
proceed to the porch area to read the Inagazines.
7. As Plaintiff was proceeding toward chairs on the porch,
she fell through the porch down into a lower level with said fall
occurring because one or both of the Defendants had opened a floor
door which constituted a portion of the floor of the porch and was
an entry to the lower level but h~d failed to either barricade the
area or warn customers that the door was open.
8. The fall of the Plaintiff through the opening oreated
when th. owner(s) opened the floor door to the basement area oaused
injury to the Plaintiff, said injury being more fully desoribed as
a signifioantly displaced fracture and subluxation of her right
ankle at the lateral malleolus.
9. That the fracture to the lat-eral malleolus of the
plaintiff could not be reduced manually and required an operative
procedure and a three-day hospital stay.
10. That as part of the operative procedure, a plate and
sorews were used to hold her ankle together until the healing
process occurred and plaintiff has been advised that another
operation will be necessary to remove said hardware.
11. As a result of the fall, injury and surgery, Plaintiff
was unable to ambulate for approximately two months without the use
of a cast or orthopedic device.
12. As a result of the pain of the fall, fracture and
surgery, plaintiff incurred pain and mental distress.
13. As a result of the fall, fracture and surgery, Plaintiff
has incurred significant scarring to her ankle area that may be
permanent in nature,
14. As a result of the requirement for future surgery,
plaintiff has been advised that the removal of the plate and soreWS
in her ankle will require another recovery period of six weeks on
crutches and perhaps six weeks of additional rehabilitation with
concomitant losses of earnings and may inour additional scarring of
a permanent nature to her ankle,
15. As a result of injuries incurred in the above described
tall, plaintiff has incurred to date a loss oC earnings of
approximatelY $12,000.00 and it is believed she will incur an
additional loss of earnings for the subsequent operative procedure.
t~. As a result of injuries incurred in the above described
fall, Plaintiff incurred medical expenses totalling $6,860.80.
17. As a result of the fall and reSUlting injuries, plaintiff
has inourred significant depression and has been required to
undergo psychological counseling as a result of the same.
18, The above described injuries and losses were the result
of the negligence of the above Defendants whose negligence
consisted of the following:
a, They created a dangerous condition upon the premises
whioh they had oontrol of by opening a floor door;
Bette Jo Stephens
VS
Chester Hoffman t/d/b/a K.C. Professional
Hair Design and Kathryn Eaton t/d/b/a K.C.
Professional Hair Design
In 'l'he Court of Common PleBs of
Cwnberland County, PennsylvBnia
No, 94-4242 Civil 'l'erm
Complaint in Civil Action Law
find Not ice
COMMONWEAI,TH Of' PENNSYlVANIA:
iCOUNTY m' CUMBERt,AND
Michael Barrick, Deputy Sheriff, who being duly sworn according
to law, says that on August 03, 1994 at 1:40 o'clock P.M., E.DS.T., he served
a true copy of the within Complaint in Civil Action Law and Notice, in the
above entitled action, upon the within named defendant, to witl Chester
Hoffman t/d/b/a K.C. Professional lIair Design, by makIng known unto Gil
Roberto, Owner of Roberto's Hair & Skin Care Center (place of employment of
Chester Hoffman), at 663 Market Strvet, Lemoyne, Cumberland County,
Pennsylvania, Its contents and at the same time handing to him personally the
said trup and attested copy of the S8me.
Mi0hael Barri~k, Deputy Sheriff, who being duly sworn according to
lllW, says that un August 01, 1994 at 1130 o'clock P.M., E,D.S.T., he served a
true copy of the within Complaint in CIvil Action Law and Notice, in the
above entitled action, upon the withIn named defendant, to witl Kathryn
Eaton t/d/b/a K.C. Professional Hair DesIgn, by making known unto Timothy
Smith, Employee and adult in charge at Katie's Place (place of employment for
Kathryn Eaton), at 2011 Market Street, Camp HIll, Cumberland County,
Pennsylvania, its contents and at the same time handing to him personally the
said true and attested copy of the same.
Shli!dff's
Docketing
Service
Surcharge
COS tSI
16.00
17.36
4.00
39.36
Pd. by Atty.
6-04-94
So IInsl>l':yrs I ~.
r~'r.u:, ~~
R, Thomas Kl. ne, Sher~
."~ .~- Ii'_
.,' ~.
BY "'/~u't'y1 e "f
Sworn and Subscribed to Before Me
This ,~ Day, of ~' ,;-
1994, A.D.~t. {/ 11/(j;',,, A~''5
pr t onotary ,
i. admitted that Kathryn Eaton had a place of business ~t 2011
Market street, Camp Hill, Cumberland county, Pennsylvania 17011
on or about October 1, 1993,
5, Admitted.
6. Admitted in part, denied in part. It is admitted
that Kathryn Eaton's agent and/or employee had completed one
prooess on the Plaintiff's hair prior to the Plaintiff's
accident. It is denied that the Plaintiff proceeded to the porch
area to read magazines. Rather, it is averred that the Plaintiff
proceeded to the porch area to smoke cigarettes and read
magazines,
7. It is admitted that Defendant, Kathryn Eaton,
opened a floor door on the porch prior to the Plaintiff's fall.
It is also admitted that no barricade existed at the time of the
Plaintiff'S accident. It is denied that customers were not
warned that the door was open since the open door, itself, being
an obvious condition, would provide sufficient warning to
customers exercising reasonable care for their own safety,
8. Denied. After reasonable investigation, answering
Defendant is without information sufficient to form a ~elief as
to the truth or falsity of the averments in this paragraph and,
therefore, deny the same and demand strict proof at time of trial
if deemed material.
9. Denied. After reasonable investigation, answering
Defendant is without information sufficient to form a belief as
2
to the truth or falsity of the averments in this paragraph and,
thsrsfore, deny the same and demand strict proof at time of trial
if deemed material.
10, Denied, After reasonable investigation, answering
Ddfendant is without information sufficient to form a belief as
to the truth or falsity of the averments in thi. paragraph and,
therefore, deny the same and demand strict proof at time of trial
if deemed material.
11. Denied. After reasonable investigation, answering
Defendant is without information sufficient to form a belief as
to the truth or falsity of the averments in this paragraph and,
therefore, deny the same and demand strict proof at time of trial
if deemed material.
12. Denied. After reasonable investigation, answering
Defendant is without information sufficient to form a belief as
to the truth or falsity of the averments in this paragraph and,
therefore, deny the same and demand strict proof at time of trial
if deemed material.
13. Denied. After reasonable investigation, answering
Defendant is without information sufficient to form a belief as
to the truth or falsity of the averments in this paragraph and,
therefore, deny the same and demand strict proof at time of trial
if deemed material.
14. Denied. After reasonable investigation, answering
Defendant is without information sufficient to form a belief 8S
3
to the truth or falsity of the averments in this paragraph and,
therefore, deny the same and demand striot proof at time of trial
if deemed material,
15. Denied. After reaeonable investigation, answering
Defendant is without information sufficient to form a belief as
to the truth or falsity of the averments in this paragraph and,
therefore, deny the same and demand strict proof at time of trial
if deemed material.
16. Denied. After reasonable investigation, answering
Defendant is without information sufficient to form a belief as
to the truth or falsity of the averments in this paragraph and,
therefore, deny the same and demand strict. proof at time of trial
if deemed material.
17. Denied. After reasonable investigation, answering
Defendant is without information sufficient to form a belief as
to the truth or falsity of the averments in this paragraph and,
therefore, deny the same and demand strict proof at time of trial
if deemed material.
18. The averments in this paragraph constitute
c~nclusions of law to which no response j,s required. In the
event a response is deemed to be required, Defendant, Kathryn
Eaton, denies each and every allegation of negligence and denies
that she was negligent in:
(a) Creating a dangerous condition upon the
premises by opening a floor door;
4
Cb) Creating a dangerous condition and
tailing to barricade eo as to prevent customers
trom talling through the same;
Cc) creating a dangerous condition but
tailing to advise or warn customers in any manner
ot the condition; and
Cd) It is denied that any actions of
Defendant, Kathryn Eaton, constituted negligence
and denied that the open floor door constituted a
hazard to customers axercising reasonable care for
their own safety.
WHEREFORE, Defendant, Kathryn Eaton, respectfully
requests that the Plaintiff's Complaint be dismissed and that
judgment be entered in favor of Defendant, Kathryn Eaton, and
against the Plaintiff.
NEW MATTER
By way of additional, answer and reply, Defendant,
Kathryn Eaton, raises the following New Matters:
19. plaintiff, Bette Jo stephens, failed to exercise
reasonable care for her own safety under the circumstances then
and there existing by:
Ca) Failing to watch where she was walking;
5
(b) Failing to obBerve the open floor door
prior to and after she walked out and onto the
porc~ areal
(e) Walking in a distracted and/or
inattentive manner;
(d) Reading a magazine while she was
walking,
(e) Walking in a careless and unreasonable
manner; and
(f) Proceeding to walk across the porch area
without watching where she was walking.
20. The failure of plaintiff, Bette Jo stephens, to
exercise reasonable care for her own safety as described above
was a substantial factor in the happening of the accident.
21. The Plaintiff's claims are barred in whole or in
part and/or are limited by the provisions of the Pennsylvania
Comparative Negligence Law and/or by the doctrine of comparative
negligence.
22. The open floor door did not constitute a dangerous
condition for customers exercising reasonable care for their own
safety.
WHEREFORE, Defendant, Kathryn Eato., respectfully
requests that the Plaintiff's Complaint be ,ismissed and that
6
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