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Home My WebLink About94-04396 " " " i/ ,'" 'I' '" C ~ Q ~ ,I " 'I , .' '" '.' , , ., "1 '}I {I 7 " II I ;I ,. r , , , , " , , " \ " '( " I , I " 'I' ~ j i I I , .\ ,j 'I 'i '" d ,I 1'1 , " li ~~: .. .,.J' a;;;. ~"I.'''1 ~ ... III ~'. ~ ~t: .~ :.~ t~ ..'" rJ I ~,I , 11.1 .; ,. --:;r "j.!'" I' .,11. I J II M Ii ~! .... " . ~I ';') \ . o,.Jq '--:.l" . ';' I<J ......,..,. 'lj... '-l' r I >- ~~ !~ ..< '0 \lt~'~.G'. z~;; ~ I gt~ ~ ~\~~~, ~~! lSa, I ,: \ 4') ~ \,) '" ~ 'T., .'l '! ~~ ~, (\'(. _. N\ ~~\2" :; ~~J 0: W Z w a~j~!i a 0( p .; !o:cd~ w ~ n: j ~ .J Pi · o : z 0( J: " , , " , . .1.lo..,lllnllo., 071".1' LONG and LI'~ LONG, I X. THI COU.T 0' CONHOM 'LI~' bioi wife, I CUKBI.LlNDCOUNTY, "MM'YLVlNX~ J1aintUr. I I V. I HO. I lHAROH R. JIHItI." I CXVIL ACTION - LA" Dafandant I I IN ARBITRATION COMPLAINT AND NOW oome the Plaintiffs, by and through their attorneys, Handler and Wiener, and make the within complaint against the Defendant as folloWSl 1. Plaintiff, Jeffrey Long, is an adult individual who ourrently resides at 1l.9 Decatur Drive, Grantville, Dauphin County, commonwealth of Pennsylvania. 2. Plaintiff, Lisa Long, is an adult individual who currently resides at 119 Decatur Drive, Grantville, Dauphin County, commonwealth of Pennsylvania. 3. Defendant, Sharon Jenkins, is an adult individual who currently resides at 9 Mallard Court, Mechanicsburg, Cumberland county, Commonwealth of Pennsylvania. 4. At all times material to this action, Plaintiff, Jeffrey Long, was operating a 1992 Saturn SL owned by the Plaintiff and bearing Pennsylvania registration number OMS 767. 5. At all times material to thia action, Defendant, Sharon Jenkins, waB operating a 1991 Nissan Maxima, owned by the Defendant and bearing Pennsylvania registration number ZHB 057. 6. At all times material to this action, there was olear weather conditions and the roadway surface was wet. 7. On or about January 5, 1993 at approximately 7125 A.M., Plaintiff, Jeffrey Long, was travelling westbound on Lowther street, Lemoyne Borough, Cumberland County, Commonwealth of Pennsylvania. B. on or about January 5, 1993 at approximately 7125 A.M., Defendant, Sharon Jenkins was travelling eastbound on Lowther street, Lemoyne Borough, Cumberland County, Commonwealth of Pennsylvania. 9. At the aforesaid time and location, suddenly and without warning, Defendant, Sharon Jenkins, failed to yield the right-of- way, and proceeded to make a left turn directly into the path of the Plaintiff's vehicle and struck the Plaintiff's vehicle. roadway in violation of 75 Pa. C.B.A. 53323(c)1 (b) In failing to yield the legal right-of-way to any vehiole approaohing from the opposite direction when making a lert turn in violation or 75 Pa. C.B.A. 53:)22/ (e) In failing to yield the legal right-of-way to Plaintiff's vehicle which was approaching from the opposite direction while defendant was making a left turn, in violation of 75 Pa.C.S.A. 53322. (d) In failing to properly operate her vehicle by not yielding the legal right-of-way to the plaintiff's vehicle, (8) In failing to keep a proper lookout for other vehicles lawfully traveling on the roadway in whioh she attempted to cross, (f) In failing to operate her vehicle with proper and adequate control in order that she could avoid striking the Plaintiff's vehicle, (g) In failing to operate her vehicle in such a manner so that she could apply her brakes to avoid striking the plaintiff's vehicle, (h) In failing to operate her vehicle at a speed, and under such control, so as to be able to stop withi,n the assured clear distance, in violation of 75 Pa.C.S.A. 53361; (i) In failing to exercise reasonable care in the operation and control of her vehicle, and, (j) Further, under the faots and Clircumstancos presented herein, Defendant, Sha~on Jenkina, had the last clear chance of avoiding this collision, and in failing to do BO, the Defendant is guilty of groBe negligenoe. " 16. As a result of the negligence of Defendant, Sharon Jenkins, Plaintiff, Jeffrey Long, has sustained severe injuries, inclUding but not limited to, a bruisod left shoulder, spasms in his neck, low back pain, a bruised chest and continuous headaches. 16. As a result of the negligence of Defendant, Sharon Jenkins, Plaintiff, Jeffrey Long, has sustained severe injuries, humiliation, embarrassment, and as a ~esult thereof, he has suffered, and will continue to suffer in the future, pain and agony to his great detriment and loss. 17. As a rosult of the negligence of the Defendant, Sharon Jenkins, Plaintiff, Jeffrey Long, has been and will in the future be hindered from attending to his usual occupation and daily duties, to his great detriment, loss, humiliation and embarrassment. 18. As a result at' the negligence of Defendant, Sharon Jenkins, Plaintiff, Jeffrey Long, has undergone great physioal pain, disoomfort, humiliation, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, causing him great physical, emotional, and financial detriment and loss. 19. As a result of the negligenoe of the Defendant, Sharon Jenkins, the Plaintiff, Jeffrey Long has and probably will in the future suffer a loss of life's pleasures and a claim is made therefore. 20. As a further result of the Defendant's negligence, the Plaintiff, Jeffrey Long, has suffered the loss of consortium, society and comfort from his wife, Lisa Long, and he will continue to suffer similar loss in the future. 21. Pla.i.ntiff, Jeffery Long, believes and therefore Ilver.s that his injuries are permanent in nature. 22. As a result of tho negligence of Defendant, Sharon Jenkins, Plaintiff, Jeffrey Long, has been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention. Wllll\l:l.ltIJpl.lllll\IIlII" JEFFREY LONG and LISA LONG, I IN THIl COURT or COMMON PLIlAS hb wife, I CUMBERLAND COUNTY, PElNNSYLVl\lfIA Plaintiff' I I V. I NO. I SHARON R. JENKINS, I CIVIL ACTION - LAW Defendanl: I I IN ARBITRATION gg~ AND NOW come the plaintiffs, by and through their atto~neys, Handler and Wiener, and make the within complsint against the Defendant as follows: 1. Plaintiff, Jeffrey Long, is an adult individual who ourrently resides at 119 Decatur Drive, Grantville, Dauphin county, Commonwealth of Pennsylvania. 2. Plaintiff, Lisa Long, is an adult individual who currently resides at H9 Decatur Drive, Grantville, Dauphin County, Commonwealth of Pennsylvania. 3. Defendant, Sharon Jenkins, is an adult individual who currently resides at 9 Mallard court, Mechanicsburg, Cumberland county, Commonwealth of Pennsylvania. 4. At all. times mntednl to this nctlon, plaintiff, Jeffrey LonfjJ, was operating a 1992 Saturn SL, owned by the plaintiff and bearinfjJ pennsYlvania registration number OMS 767. 5. At all times material to this action, Defendant, Sharon Jenkins, was operating a 1991 Nisslln Maxima, owned by the Defendant and bearing pennsylvania registration numbor ZHB 057. 6. At all times material to this action, there was clear weather. conditions and the roadway surface was wet, 7. on or about January 5, 1993 at approximatelY 7:25 A.M., plaintiff, Jeffrey Long, was travelling westbound on Lowther street, Lemoyne Borough, cumberland county, commonwealth of Pennsylvania. B. on or about January 5, 1993 at approximatolY 7:25 A.M., Defendant, Sharon Jenkins was travelling eastbound on Lowther street, Lemoyne Borough, cumberland county, commonwealth of Pennsylvania. 9. At the aforesaid time and location, suddenly and without warning, Defendant, Sharon Jenkins, failed to yield the right-of- way, and proceeded to make a left turn directly into the path of the Plaintiff'S vehicle and struck the plaintiff'S vehicle. 10. The Plalntiff was unablo to avold the Defondant's vehicle and the Defendant's vehicle struck the plaintiff's vehicle, causihg the Plaintiff to be violently thrown around tho lnterior of his vehiole. 11. At all times material to this action, the plaintiff, Jeffrey Long had the legal right-of-way. 12. As a direct and proximate result of the negligence of Defendant, Sharon Jenkins, Plaintiff, Jeffr~y Long, has Buffered serious bodily injury as set forth in full hereinafter. gQYNT I JEFFREY LO~G v. ~HARON JENK~ 13. Plaintiff, Jeffrey Long, incorporates and makes a part of this count paragraphs 1 through 12 of this complaint as if fully set forth. 14. The occurrence of the aforesaid accident and the injuries to the Plaintiff, Jeffrey J.ong, resulting therefrom were caused directly and proximately by the negligence of the Defendant, Sharon Jenkins, generally and more specifically as set forth below: (a) In failing to yield the right-of-way to oncoming vehicles in the intersection or approaching on the roadway in violation of 75 ra. C.S.A. SJ32J(c) I (b) In failing to yield tha legal right-at-way to any vehicle approaching from the opposite diroction when making a left turn in violation of 75 I'a. c. S.A. 53322, (0) In failing to yiald the legal right-or-way to Plaintiff's vohiclo which was approaching from the opposite direction while dofendant was making a left turn, in violation of 75 Pa.C.S.A, S3322. (d) In failing to properly operate her vehicle by not yielding the legal right-Of-way to the Plaintiff's vehicle, (e) In failing to keep a proper lookout for other vehicles lawfully traveling on the roadway in which she attempted to cross, (f) In failing to operate her vehicle with proper and adequate control in ord(!r that she could avoid striking the Plaintiff's vehicle; (g) In failing to operate her vehicle in such a manner so that she could apply her brakes to avoid striking the Plaintiff's vehicle; (h) In failing to operate her vehicle at a speed, and under such control, so as to bo able to stop within the assured clear distance, in violation of 75 Pa.C.S.A. S3361; (i) In failing to oxercise reasonable care in the operation and oontrol of her vehicle, and, (j) Further, under the facts and circumstances presented herein, Defendant, sharon Jenkins, had the last clear chance of avoiding this collision, and in failing to do so, tho Defendant is guilty of gross neg 1 igonce. 15. As a result of the neg ligence of Defendant, Sharon Jenkins, Plaintiff, Jeffrey Long, has sustained severe injuries, inoluding but not limited to, a bruised left shoulder, spasms in his neck, low back pain, a bruised chest and continuous headaches. 16. Ar: a result of tho negligence of Defendant, Sharon Jenkins, Plaintiff, Jeffrey Long, has suatained severe injuries, humiliation, embarrassment, and as a result thereof, he has suffered, and will continue to suffer in the future, pain and agony to his great detriment and loss. 17. As a result of the negligence of the Defendant, Sharon Jenkins, Plaintiff, Jeffrey Long, has been and will in the future be hindered from attending to hi/'! usual occupation and daily duties, to his great detriment, loss, humiliation and embarrassment. 18. As a re/:lult of the negli'ijence of Defendant, Sharon Jenkins, plaintiff, Jeffrey Long, has undergone great physical pain, discomfort, humiliation, and mental anguish, and he will continue to endure the same for an indefinite period of time in the future, causing him great physical, emotional, and financial detriment and loss. 19. As a result of the negligence of the Defendant, Sharon Jenkins, the Plaintiff, Jeffrey Long has and probably will in the future suffer a loss of life's pleasures and a claim is made therefore. 20. As a further result of the Defendant's negligence, the Plaintiff, Jeffr.ey Long, has suffered the loss of cons')rtium, society and comfort from his wife, Lisa Long, and he will continue to suffer similar loss in the future. 21. Plaintiff, Jeffery Long, believes and therefore avers that his injuries are permanent in nature. 22. As a result of the negligence of Defendant, Sharon Jenkins, Plaintiff, Jeffrey Long, has been compelled, in order to effect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attontion. ;;; . r.: , 1,),,,, " ~ " ('"" ,....., '''-I Jl1 ,I " It lIJ Z lIJ - t ~ ~ c _ e oHq ~ ~ p '~ 3 1t~~I~ lIJ '" ! .J I'i ~ o z 0( J: " , . J '.( o7l".IY LOIIG and LIlA LOIIG, I III THI couaT or COKMON PLIAS bil wUe, I CU.llaLAMD COUNTY, 'INWSYLVAMIA Plaintiff. I I I NO. .4-43.. CIVIL TIRK V. I I CIVIL ACTION - LAW S1IA1l011 .. JlllItIIIS, I Defendant I It! UIITIlATION PIlAICUI TO THI paOTHOt!OTUYI Please mark the above-oaptioned matter settled, discontinued and satisfied. HAWDLla and WIINIR DATIl. '1 I ~4' /q~ BYI I 4 H a enberq, I.q. 311 Karke at. P.O. BOK 1177 Harri.bu q, PA 17108 Tel. No.1 717-238-2000 supreme ourt ID No. 20569 Attorneys for Plaintiff