HomeMy WebLinkAbout94-04530
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5. Detendant, Robert Vag.llo, is an adult individual
residing at 438 stewart NW, Massillon, Ohio, 44646.
6. Defendant, Albert Fambrough is an adult individual
residing at 2834 sunset Lane, Henderson, Kentuoky, 42420.
7. Defendant, Sunflower carriers, Ino., is a corporation
existing under the laws of Nebraska, with its principal plaoe of
business at 558 West 12th Street, Box 9, Vork, Nebraska, 68467.
8. At all times material to this action, Plaintiffs,
Bradford Belcher, Gala Yagello, and Eric Harst were passengers in
a 1982 Podge Ram, owned by Defendant, Robert Yagello, and operated
by Defendant, Shawn Pierce, and bearing Ohio registration number
VEK118.
9. At all times material to this action Defendant, Albert
Fambrough, was operating a 1991 tractor trailer owned by Defendant,
Sunflower carriers, Inc., and bearing Nebraska registration number
P854.
10. At all times material to this action, there was snow on
the ground, the road surface was icy, and visibility was poor.
11. On or about March 15, 1993, at approximately 10100 a.m.,
Plaintiffs, Bradford Belcher, Gala Yagello, and Eric Harst were
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passengers in is vehiole, operated by Dlltendant Shawn Pieroe,
travelling in the lett, eastbound lane at 1-76, nellr carlisle,
Pennsylvania.
12. On or about March 15, 1993, at approximately 10tOO a.m.,
Defendant, Albert Fambrough, WilS trnvelling in a tractor trailer,
owned b)l Defendant, Sunflower carriers, Inc., in the left,
eastbound lane of 1-76, near carlisle, Pennsylvania.
13. On or about March 15, 1993, at approximately 10:00 a.m.,
the vehicle operated by De fendant, Shawn Pierce, was travell ing
behind the tractor trailer operated by Defendant, Albert Fambrough,
when the two vehicles, travell ing too fast for road conditions,
approached a disabled vehicle in the left, eastbound lane of 1-76,
and attempted to go around it.
14. On or about March 15,1993, at approximately 10:00 a.m.,
the vehicle operated by Defendant, Shawn Pierce, slid into the rear
of the tractor trailer, spun out of control, and hit a snow bank.
15. As a direct and proximate result of the negligence of
Defendants, Shawn Pierce, Robert Yagello, Albert Fambrough, and
Sunflower carriers Inc., Plaintiffs Bradford Belcher, Gala Yagello,
and Eric Harst have suffered serious bodily injury as set forth in
full hereinafter.
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COUNT I
pnllfo&'d .Jjlohu....L ShAwn 'ie&,o.
16. Plaintiff, Bradford Beloher, inoorporates and makes a
part ot this count, paragraphs 1 through 15 of this complaint as it
full y set forth.
17. 'rho oocurrence of the aforesaid aooident and the injuries
to Plaintiff, Bradford Belohor, resulting therefrom were oaused
directly and proximately by the nogligenoe of Defendant, Shawn
Pierce, generally and more speoifically as set forth beloW!
(a) In failing to allow a reasonable distance between
his vehicle and the ~ractor trailer preceding him,
in violation of 75 Pa. C.S.A. ~ 3310(a) I
(b) In failing to operate his vehicle at a reasonable
speed to be able to stop his vehicle within the
assured clear distance, in violation of 75 Pa.
e.S.A. ~ 3361r
(0) In failing to overtake the disabled vehicle in the
left lane in a safe manner, in violation of 75 Pa.
e.S.A. ~ 3304 (b) r
(d) In failing to move from the left to the right
traffic lane when such movement could be made in
safety, in violation of 75 Pa. C.S.A. ~ 3334(a) r
(e) In failing to be reasonably vigilant to observe the
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disabled vehiole and the vehiule Defondant, Albert
Fambrough, was operating,
(t) In tailing to operate his vehiole under proper and
adequate control in order to avoid striking the
vehicle operated by Defendant, Albert Fambrough,
(9) In failing to operate his vehicle in such a manner
so that he could apply his brakes to avoid striking
the vehicle operated by Defendant, Albert
Fambrough,
(h) In failing to maintain proper and adequate
observation of the traffic conditions then and
there existing,
(i) In failing to exercise reasonable care in the
operation and control of his vehiclel and,
(j) Further, under the facts and circumstances
presented herein, Defendant, Shawn pierce, had the
last clear chance of avoiding this collision, and
in failing to do so, Defendant was guilty of gross
neg 1 igence .
lB. As a direct and proximate result of the negligence of
Defendant, Shawn Pierce, Plaintiff, Bradford Belcher, sustained
serious injuries, including but not limited to a dislocated left
hip, a fractured left leg at the hip Bocket requiring immediate
surgery, and a laceration of his right thumb.
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19. A_ a reBult of the negligenoe of the Defendant, Shawn
Pieroe, plaintiff, Bradford Beloher, haB BUffered and probably will
in the future, continue to Buffer pain and agony, to hiB great
detriment and lOBS.
20. 1\s 11 result of the negligence of Pefendant, Shawn pierce,
Plaintiff Bradford Belcher, incurred lost wages from employment as
El dry-waller, and probably w ill continue to lose wages to his great
detriment and financial loss.
21. 1\s a result of the negligence of Defendant, Shawn Pieroe,
Plaintiff, Bradford Belcher, has undergone great physical pain,
discomfort, and mental anguish, and he will continue to endure the
same for an indefinite period of time in the future, to his great
physical, emotional, and financial detriment and loss.
22. 1\s a result of the negligence of Defendant, Shawn Pierce,
Plaintiff, Bradford Belcher, has and probably will in the future
suffer a loss of life's pleasures, and a claim is made therefore.
23. Plaintiff, Bradford Belcher, believes and therefore avers
that his injuries are permanent in nature.
24. 1\s a result of the negligence of the Defendant, Shawn
Pierce, Plaintiff, Bradford Belcher, has been compelled, in order
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:19. The oocurrenoe of the aforeaaid aouident and the injudea
to plaintiff, Bradford Beloher, resulHng therefrom were clluBed
direotly and proximate 1 y by the neg ligent entrustment of Defendant,
Robert \llIgello, generally Llnd more apecifically al3 set forth beloWI
(II) In allowing Plaintiff, Gala \lagello, to entrust his
vehicle to Defendant, Shawn Pierce, when he knew or
should have known that Defendant, shawn Pierce, was
an incompetent and/or careless driver,
(b) In allowing Defendant, Shawn Pierce, to operate his
vehicle without allowing a reasonable distance
between said vehiole and the tractor trailer
preceding it, in violation of 75 Pa, C.S.A. !l
3310(a) ,
(0) In allowing Defendant, Shawn Pierce, to operate
said vehicle at an unreasonable speed so he could
not atop within the assured clear distance, in
violAtion of 75 Pa. C.S.A. ~3361r
(d) In allowing Defendant, Shawn pierce, to operate
said vehicle without overtaking the disabled
vehicle in the left lane in a sa fe manner, in
violation of 75 Pa. C.B.A. ~ 3304(b) I
(e) In allow ing Defendant, Shawn Pierce, to operate
said vehicle without moving from the left to the
right traffic lane when such movement could be made
in safety, in violation of 75 Pa. C.B.A. ~ JJJ4(a),
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(t) In allowing Defendant, Shawn Pierce, to operate
said vehiole without being reasonably vigilant to
observe the disabled vehiole and the vehicle
Defendant, Albert Fambrough, was operating,
(g) In allowing Defendant, Shawn piente, to operate
said vehicle without proper and adequate control in
order to avoid st.riking the vehicle operated by
Defendant, Albert Fambrough,
(h) In allowing Defendant, Shawn pierce, to operate
said vehicle without being able to apply the brakes
to avoid striking the vehicle operated by
Defendant, Albert Fambrough,
(i) In allowing Defendant, Shawn Pierce, to operate
said vehicle without maintaining a proper and
adequate observation of the traffic conditions then
and there existing, and,
(j) In allowing Defendant, Shawn Pierce, to operate
said vehicle without exercising reasonable care.
30. AS a direct and proximat.e result of the negligence of
Defendant, Robert Yagello, Plaintiff, Bradford Belcher, sustained
serious injuries, including but not limited to a dislocated left
hip, a fractured left leg at the hip socket requiring immediate
surgery, and a laceration of his right thumb.
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31. As a result of the negligenoe of Defendant, Robert
Yagello, Plaintiff, Bradford Beloher, has suffered and probably
will in the future, oontinue to suffer pain and agony, to his great
detriment and loss.
32. As B result of the negligence of Defendant, Robert
YBgello, Plaintiff, Bradford Belcher, incurred lost wages from
employment as a dry-waller / and probably wi 11 in the future
continue to lose wages to his great detriment and financial loss.
33. As a result of the negligence of Dllfendant, Robert
Yagello, Plaintiff, Bradford Belcher, has and probably will in the
future suffer a loss of lifels pleasures, and a cJ.aim is made
therefore.
34. Plaintiff / Bradford Beloher I believes and therefore avers
that his injuries are permanent in nature.
35. As 0 result of the negligence of the Defendant, Robert
Yogallo, Plaintiff, Bradford Belcher, has been compelled, in order
to effect a cure for said injuries, to expend large sums of money
for medicine and medical attention.
36. Plaintiff, Bradford Belcher, continues to receive and
incur medical expenses for said injuries, and will continue to do
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so in the tutu~e to his g~eat detriment ~nd loss.
WHIRlrORI, Plaintiff I Bradford Belcher, seeks damages f~om
Defendant, Robert Vagello, in an nmount in excess of Twenty-Five
ThouBand ($25,000) Dollars and demands a trial by ju~y.
Q.Q.!./Ji'LUI
~ford oe1.gb.!lL.'LL-A,lbut rambI.2ll911
37. Plaintiff, Bradford Belcher, incorporates and makes a
pa~t of this count, paragraphs 1 through 36 of this complaint as if
fully set forth.
38. The occurrence of the aforesaid accident and injuries to
Plaintiff, Bradford Belcher, resulting therefrom were caused
directly and proximately by the negligence of Defendant, Albert
Fambrough, generally and more spocifically as set forth belowr
(a) In failing to be reasonably vigEant to observe the
disabled vehicle in the left lane of 1-76 and the
vehicle in which Plalntiff, Bradford Belcher, was a
passenger r
(b) In failing to operate his vehicle at a reasonable
speed, and under such control, as to be able to
stop wi thin the assured clear distance, in
violation of 75 Pa. C.S.A. ~ 3361r
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(0) In tailing to operate his vehiole under proper and
adequate oontrol in order to react to the disabled
vehicle in the left lane in time to pass it safely
on the right r
(d) In failing to maintain proper and adequate
observation of the traffic conditions then and
there existingr and,
(e) In failing to exercise reasonablo care in the
operation and control ot his vehicle.
39. As a direct and proximate result of the negligence of
Defendant, Albert Fambrough, Plaintiff, Bradford Belcher, sustained
serious injuries, including but not limited to a dislocated left
hip, a fractured left leg at the hip socket requiring immediate
surgery, and a laceration of his right thumb.
40. As a t'esult of the negligence of Defendant, Albert
FambroUgh, Plaintiff, Bradford Belcher, has BUffered and probably
will in the future continue to suffer pain and agony, to his great
detriment and 10BB,
41. As a result of the negligence of Defendant, Albert
Fambrough, Plaintiff, Bradford Belcher, incurred lost wages from
employment as a dry-waller, and probably will in the future
continue to lose wages to his great detriment and financial loss.
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42. As a result of the negligence of Detendant, Alpert
Famprough, Plaintiff, Bradford Ueloher, has undergone great
physical pain, discomfort, and mental anguish, and will oontinue to
endure the same for an indefinite period of time in the future, to
his great physical, omotional, and finanoial detriment and loss.
43. As a result of tho negllgence of Defendant, Albert
Famprough, Plaintiff, Bradford Belaher, has and proba~ly will in
the future suffer a loss of life's pleasures, and a claim is made
therefore.
44. Plainti ff, Bradford Belcher, believes and therefore avers
that his injuries are permanent in nature.
45. As a result of the negligence of Defendant, Alpert
Fambrough, Plaintiff, Bradford Belcher, has been compelled, in
order to effect a cure for said injuries, to expend large sums of
money for medicine and medical attention.
46. Plaintiff, Bradford Belcher, continues to receive and
incur medical expenses for said injuries, and will continue to do
so in the future to his great detriment and loss.
WHSRSFORS, Plaintiff, Bradford Belcher, seeks damages from
Defendant, Albert Fambrough, in an amount in excess of Twenty-Five
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Thousand ($2&,000) Dolla~s and demands a t~ial by ju~y.
OOUNT I~
Bra4for4 Beloher v. Suntl2Yer carrier.. Inc.
41. Plaintiff, Bradford Belcher, incorporates and makes a
part of this count, paragraphs 1 through 46 of this Complaint as if
fully set forth.
48. At all times material hereto, Defendant, Albert
Fambrough, was an agent, servant, and/or employee of Defendant,
Sunflower Carriers, Inc., and was acting in and upon the business
of said Defendant and while in the course and scope of his
employment with the said Defendant.
49. Defendant, Sunflower Carriers, Inc., and its agents,
servants, and/or employees were negligent and/or careless in some
or all of the following particulars!
(a) In failing to be reasonably vigilant to observe the
disabled vehicle in the left lane of I-76 and the
vehicle in which Plaintiff, Bradford Belcher, was a
passenger r
(b) In failing to operate said vehicle at a reasonable
speed, and under such control, as to be able to
stop within the assured clear distance, in
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violation ot 75 Pa. C.B.A. 8 33611
(e) In tailing to operate said vehicle under proper and
adequate oontrol in order to react to the disabled
vehicle in its lano in time to pass it safely on
the right 1
(d) In failing to maintain proper and adequate
observation of the traffic conditions thon and
there existingr and,
(e) In fail ing to exercise reasonable care in the
operation and control of said vehicle.
50. As a dil"ect and proximate cause of the negligence of
Defendant, Sunflower carr.iers, Inc., Plaintiff, Bradford Belcher,
sustained serious injuries, including but not limited to a
dislocated left hip, a fractured left leg at the hip socket
requiring immediate surgery, and a laceration of the right thumb.
51. As a result of the negligence of Defendant, Sunflower
carriers, Inc., Plainti ff, Bradford Belcher, has suffered and
probably will in the future, continue to suffer pain and agony, to
his great detriment and loss.
52. As a result of the negligence of Defendant, Sunflower
carriers, Inc., Plaintiff, Bradford Belcher, incurred lost wages
from employment as a dry-waller, and probably will continue to lose
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WHlalrOa., Plaintiff, Bradford Beloher, seeks damllql9B from
Defendant, Sunflower carriers Ino., in an amount in oxoess of
'rwenty-Five Thousand ($25,000.00) Dolll)rB and demands 11 trial by
jury.
OOUNT--'l
GALA YAO!LLO v. BHAWN PItRQI
5B. Plaintiff, Gala 'lagello, incorporates and makes a part of
this count, paragraphs 1 through 57 of this complaint as if fully
set forth.
59. Thl'J occurrence of the aforesaid accident and the injuries
to Plaintiff, Gala 'lagello, resulting therefrom were caused
directly and proximately by t.he negligence of Defendant, Shawn
Pierce, generally and more specifically as set forth below:
(a) In failing to allow a reasonable distance between
his vehicle and the tractor trailer preceding him,
in violation of 75 Pa, C.S.A. 9 3310(a) I
(b) In failing to operate his vehicle at a reasonable
speed to bo able to stop within the assured clear
distance, in violation of 75 Pa, C.S.A. 9 33611
(e) In failing to overtake the disabled vehicle in the
left lane in a safe manner, in violation of 75 Pa,
C.S.A. 9 3304(b) 1
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(el) In failing to move from the left to the right
trllfUc lane when such movement could be made in
safety/ in violation of 75 Pa. c.B.A. S 3334(a) I
(8) In failing to bo reaeonably vigilant to observe the
disabled vehicle and the vehicle Defendant/ Albert
Fambrough, was operating,
(f) In failing to operate hie vehicle under proper and
adequate control in order to avoid striking the
vehicle operated by Defendant, Albert Fambrough,
(g) In failing to operate his vehicle in such a manner
so that he could apply his brakes to avoid striking
the vehicle operated by Defendant, Albert
Fambrough I
(h) In failing to maintain proper and adequate
observation of the traffic conditions then and
there exist i ng I
(i) In failing to exercise reasonable care in the
operation and control of his vehicle, and,
(j) Further, under the facts and circumstances
presented herein, Defendant, Shawn Pierce, had the
last clear chance of avoiding this collision, and
in failing to do so/ Defendant was guilty of gross
nogligence.
60. As a direct and proximate result of the negligence of
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Defendant, Shawn Pieroe, PlaintiH, Gala YageUo, has sustained
sorious injuriee, inoluding but not limited to aoute oerviual and
baok strain.
61. As a result of the negligence of Defendant, Shawn Pieroe,
Plaintiff, Gala Yagullo, hae suffered and probably will in the
future, continue to suffer pain and agony, to her great detriment
and loss.
62. As a result of the negligence of Defendant, Shawn Pierce,
Plaintiff, Gala Yagello. incurred lost wagos from employment ae an
office manager at Sub Machine Company, and probably will continue
to loso wages to her great detriment and financial loss.
63. As a result of the negligence of Defendant, Shawn Pierce,
Plaintiff, Gala Yagollo, haa undergone great physical pain,
discomfort, and mental anguish, and aha will continue to endure the
same for an indefinite period of time in the future, to her great
physical, emotional, and financial dotriment and lnss.
64. As a result of tho negligence of Defendant, Shawn Pierce,
Plaintiff, Gala Yagello, has and probably will in the future suffer
a loss of life's pleasures, and a claim is made therefore.
65. Plaintiff, Gala Yagello, believes and therefore avers
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70. At all times material to this action, Plaintiff, Gala
Yaqello/ entrusted the vehicle of Pefendant/ ~obert Yaqello/ to
Pefendant, Shawn Pierce.
71. 'rhe occurrence of the aforesaid accident and the injuries
to Plaintiff, Gala Yagello, resulting therefrom were caused
directly and proximatelY by tho negligent entrustmont of Defendant,
Robert Yagello, generally and more specifically as set forth belowt
(a) In allowing / Plaintiff, Gala Yagollo, to entrust
his vehicle to Dofondant, Shawn pierce, when he
knew or should have known Defendant, Shawn Pierce,
was an incompetent and/or careless driverr
(b) In allowing Defendant, Shawn Pierce, to operate
said vehicle without allowing a reasonable distance
between the sa id vehicle and the tractor tra iler
preceding it, in violation of 75 Pa. C.S.A. ~
3310 (a) r
(0) In allowing Defendant, Shawn Pierce, to operate
said vehicle at an unreasonable speed so as not to
be able to stop within the assured clear distance,
in violation of 75 Pe. C.S.A. ~ 3361,
(d) In allowing Defendant, Shawn pierce, to operate
said vehicle without overtaking the disabled
vehicle in tho left lane in a safe manner, in
violation of 75 Pa. C.S.A. ~ 3304 (b) ,
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(e) In allowing Defendant, Shawn Pierce, to operate
said vehicle without moving from the left to the
right traffic lane when such movement could be made
in safety, in violation of 75 Pa. C.S.A. ~ 3JJ4(a),
(f) In allowing Defendant, Shawn Pierce, 1;0 operate
said vehicle without being reasonably vigilant to
observe the disabled vehicle and the vehicle
Defendant, Albert Fambrough, was operating,
(g) In allowing Defendant, Shawn Pierr~e, to operate
said vehicle without proper and adeguate control in
order to avoid striking the vehicle operated by
Defendant, Albert Fambrough,
(h) In allowing Defendant, Shawn pierce, to operate
said vehicle without being to apply the brakes to
avoid striking the vehicle operated by Defendant,
Albert Fambrough,
(i) In allowing Defendant, Shawn Pierce, to operate
said vehicle without maintaining a proper and
adeqUate observation of the traffic conditions then
and there existing, and,
(j) In allowing Defendant, Shawn Pierce, to operate
said vehicle without exercising reasonable care.
72. As a direct and proximate result of the negligence of the
Defendant, Robert Yagello, Plaintiff, Gala Yagello, sustained
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~eriou~ injurie~, inoluding but not limited to aoute oervioal and
baok ~train.
'73. As a result uf the negligenoe of Dlllfendant, Robert
Yagello, Plaintiff, Gala Yagello, has suffered and probably will in
the future, continue to suffer pain and agony, to her great
detriment and loss.
74. As a result of the negligence of Defendant, Robert
Yagello, Plaintiff, Gala Yagel10, incurred lost wages from
employment IlS an office manager at Sub Maohines company, and
probably will continue to lose wages to her great detriment and
financial loss.
75. As a result of the negligence of Defendant, Robert
Yagello, Plaintiff, Gala Vagello, has undergone great physical
pain, discomfort, and mental anguish, and she will continue to
endure the same for an indefinite period of time in the future, to
her great detriment and loss.
76. As a result of the negligence of the Defendant, Robert
Vagello, Plaintiff, Gala Vagello, has and probably will in the
future suffer' a loss of life's p1eaauros, and a claim is made
therefore.
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and proKimately by the negligenoe of Defendant, Albert Fambrough,
gen.rally, and more speoifioallY as set forth below,
(a) In failing to be reasonably vigilant to observe the
disabled vehicle in the left lane of 1-76 and the
vehicle in which Plaintiff, Gala Vagello, wall a
passenger 1
(b) In failing to operate his vehicle at a reasonable
speed, and undlllr such control, as to be able to
stop within the assured clear distance, in
violation of 75 Pa. C.S.A. ~ 33611
(c) In failing to operate his vehicle under proper and
adequate control in order to react to a disabled
vehicle in the left lane in time to pass it safely
on the right 1
(d) In failing to maintain proper and adequate
observation of the traffic conditions then and
there existingl and,
(e) In failing to exercise reasonable care in the
operation and control of his vehicle.
82. As a direct and proximate result of the negligence of
Defendant, Albert Fambrough, Plaintiff, Gala Yagello, sustained
serious injuries, including but not limited to acute cervical and
back strain.
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83. As a result ot the negligenoe of Defendant, Albert
Fambrough, Plaintiff, Oala Yaqello, has suffered and probably will
in the future continuo to suffor pain and agony, to hor '.It'unt
detriment and loss.
84. As II result of tho negligonco of Llof.:Jn<JlIl1t, AltJort
Fambrough, Plaintiff, Gala Yagello, incurred Lost Wllq<lll lrom hor
employmont as an office manager at Sub Mach inos compllny, IlIld
probably will in the future continue to loso wagos to har "rollt
detriment and financial loss.
85. As a result. of the negligence of Oefendllnt, Alhol't
Fambrough, Plaintiff, Gala Yagello, has undergone gnHlt physLlH,L
pain, discomfort, and mental anguish, and will continue to en<Juro
the samo for an indefinitl3 period time in the futuro, to hlu 'jl'Oltt
physical, emotional, and financial detriment and lons.
86. As a result of the negligence of Defendllnt, All:lurt
Fambrough, Plaintiff, Gala Yagello, hilS nnd prohnhly w1L L in tho
future suffer a loss of life's plonsuros, nnd II olnl,m III mllde
therefore.
87. Plaintiff, Galn Yaqollo, boliovos and thorUfore aVers
that her injuries are permanent in nature.
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92. Defendant, SunfloWer Carriers, Ino., and its agents,
servants, and/or employees Were negligent and/or oareless in some
or all of the following particulars I
(a) In failing to be reasonably vigilant to observe the
disabled vehicle in the left lane of 1-76 and the
vehicle in which Plaintiff, Gala 'iagello, was a
passenger,
(b) In failing to operate said vehicle at a reasonable
speed and under such control as to be able to stop
within the assured clear distancel
(0) In failing to operate said vehicle under proper and
adeqUate control in order to react to the disabled
vehicle in the left lane in time to pass it safely
on the right,
(d) In failing to maintain proper and adequate
observation of the traffic conditions then and
there existingl and,
(e) In failing to exercise reasonable care in the
operation and control of said vehicle.
93. I\s a direct and proximate cause of the neg1 igence of
Defendant, Sunflower carriers, Inc., Plainti f f, Gala 'iagello,
sustained serious injuries, inclUding but not limited to acute
cervical and back strain.
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94. As a result of the negligenoe of Defendant, sunflower
carriers, Ino., Plaintiff, Gala Vagello, has suffered and probably
will in the future oontinuo to suffer pain and agony, to her great
detriment and loss.
95. As a result of the negligence of Defendant, sunflower
Carriers, Inc., Plaintiff, Gala Vagello, inourred lost wages from
employment as an of f ioe manager at Sub Machines company I and
probably will continue to lose wages to her great detriment and
financial loss.
96. As a result of the negligence of Defendant, Sunflower
Carriers, Inc., Plaintiff, Gala Vagello, has undergone great
physioal pain, discomfort, and mental anguish, and she will
continue to endure the same for an indefinite period of time in the
future, to hor great physical, emotional, and financial detriment
and loss.
97. As a result of the negligence of Defendant, Sunflower
carriers, Inc., Plaintiff, Gala Vagello, has and probably will in
the future suffer a loss of life's pleasures, and a claim is made
therefore.
98. Plaintiff, Gala Vagello, helieves and therefore avers
that her injuries are permanent in nature.
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!l9. All a rellul t of tho negligenoe of Defendant, Sunflower
Carrien, Ino., Plaintiff, Gala \'agello, halSl been oompelled in
order to effeot a oure for said injuries, to expend large sums of
money for medioine and medical attention.
100. Plaintiff, Gala \'agello, continues to receive and inour
medical expenses for said injuries, and will continue to do so in
the future to her great detr.iment and financial loss.
WKEREFORB, Plaintiff, Gala \'agello, seeks damages from
Defendant, Sunflower Carrienl, Ino., in an amount in exoess of
Twenty"Five Thousand ($25,000.00) Dollars and demands a trial by
jury.
OOUNT IX
.rie Karat v. Shawn Piare.
101. Plaintiff, Eric Harst incorporates and makes a part of
this count, paragraphs 1 through 100 of this complaint as if fully
set forth.
102. The OCGurrence of the aforesaid accident and the injuries
to Plaintiff, Eric Harst, reSUlting therefrom were caused directly
and proximately by the negligence of Defendant, Shnwn pierce,
generally nnd more specificnlly as Bet forth belowl
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.
(a) In failing to allow a reasonable distanoe between
his vehiole and the traotor trailer preceding him,
in violation of 75 Pa. C.B.A. 8 3310(a),
(b) In failing to operate his vehicle at a reasonable
speed to be able to stop within the assured clear
distance, in violation of 75 Pa. C.B.A. ~ 3361,
(c) In failing to overtake the disabled vehicle in the
left lane in a safe manner, in violation of 75 Pa.
C.B.A. ~ 3304 (b) ,
(d) In failing to move from the left to the right
traffic lane when such movement could be made in
safety, in violation of 75 Pa. C.B.A. Ii 3334(a),
(e) In failing to be reasonably vigilant to observe the
disabled vehicle and the vehicle operated by
Defendant, Albert Fambrough,
(f) In failing to operate his vehicle under proper and
adequate control in order to avoid striking the
vehicle operated by Defendant, Albert Fambrough,
(g) In failing to operate his vehicle in such a manner
so that he could apply his brakes to avoid striking
the vehicle operated by Defendant, Albert
Fambroughr
(h) In failing to maintain proper and adequate
observation of. the traffic conditions then and
there existing;
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(i) In railing to exeroise reasonable oare in the
operation and control of his vehiole, and,
(j) Further, under the faots and ciroumstanoes
presented herein, Defendant, Shawn pierce, has the
last clear chance of avoiding this call ision, and
in failing to do so, Defendant was guilty of gross
negligenoe.
103. lis a direct and proximate result of the negligence of
Defendant, Shawn Pierce, Plaintiff, Eric Harst, sustained serious
injuries, inclUding but not limited to head trauma, necessitating
B sutures, and cervical sprain and strain.
104. lis a result of the negligence of Defendant, Shawn Pierce,
Plaintiff, Eric Harst, has suffered and probably will in the
future, continue to suffer pain and agony, to his great detriment
and financial loss.
105. lis a result of the negligence of Defendant, Shawn Pieroe,
Plaintiff, Eric Harst, has undergone groat physical pain,
discomfort, and mental anguish, and he will continue to endure the
samo for an indefinite period of timo in the future, to his great
physical, emotional, and financial detriment and loss.
106. lis a result of the negligence of Defendant, Shawn Pierce,
32
111. At all times material to this action, Defendant, Robert
Vag.llc, entrusted his vehlcle to Plaintiff, Gala Vagello,
11:1, At all times material to this action, Plaintiff, Gala
Vagello, entrusted the vehicle of Defendant, Robert Vagello, to
Defendant, shawn Pierce.
113, The occurrence of the aforesaid accident and the injuries
to Plaintiff, Eric Harst, resulting therefrom were caused directly
and proximately by the negligent entrustment of Defendant, Robert
Vagello, generally and more speGifically as set forth below~
(a) In allowing Plaintiff, Gala Yagello, to entrust his
vehicle to Defendant, Shawn Pierce, when he knew or
should have known Defendant, shawn Pierce, was an
incompetent and/or careless driver,
(b) In allowing Defendant, Shawn pietce, to operate
said vehicle without allowing a reasonable distance
between said vehicle and the tractor trailer
preceding it, in violation of 75 Pa. C.S.I\' ~
3310(a) ,
(c) In allowing Defendant, Shawn pierce, to operate
said vehicle at an unreasonable speed so as not to
be able to stop within the assured clear distance,
in violation of 75 Pa. C.S.A. ~ 3361r
(d) In allowing Defendant, Shawn pierce, to oper.ate
34
. ~
"
.aid vehicle without overtaking the disable vehicle
in the left lane in B safe manner, in violation of
75 Pa. C.S.A. S 3304 (b) 1
(e) In allowing Defendant, shawn pierce, to operate
said vehicle without moving from the left to the
right traffic lane when such movement could be made
in safety, in violation of 75 Pa. C.S.A. S 3314(a) 1
(f) In allowing [Jofendant, Shawn pierce, to operate
said vehicle without being reasonably vigilant to
observe the disabled vehicle and the vehicle
operated by Defendant, Albert Fambroughr
(9) In allowing Defendant, Shawn pierce, to operate
said vehicle without proper and adequate control in
order to avoid striking the vehicle operated by
Defendant, Albert Fambroughl
(h) In allowing Defendant, Shawn Pierce, to operate
said vehicle without being able to apply the brakes
to avoid striking the vehicle operated by
Defendant, Albert Fambroughr
(i) In allowing Dofendant, Shawn pierce, to operate
said vehicle without maintaining a proper and
adequate observation of the traffic conditions then
and there existingr and,
(j) In allowing Defendant, Shawn Pierce, to operate
said vehicle without exercising reasonable care.
35
. .
114. As a direct and proKimate result of the negligence of
Defendant, Robert Yagello, Plaintiff, Eric Harst, sustained serious
injuries, including but not limited to hend trauma, necessitating
B sutures, and cervical spr~in and strain.
115. As a result of the negligence of Defendant, Robert
Vagello, Plaintiff, Eric Harst, has suffered and probably will in
the future continue to suffer pain and agony, to his great
detriment and loss.
116. As a result of the negligence of Defendant, Robert
Vagello, Plaintiff, Eric Harst, has and probably will in the future
suffer a loss of life's pleasures, and a claim is made therefore.
117. Plaintiff, Eric Harst, believes and therefore avers that
his injuries are permanent in nature.
11B. As a result of the negligence of Defendant, Robert
Vagello, Plaintiff, Eric Barst, has been compelled, in order to
effect a cure for said injuries, to expend large sums of money for
medicine and medical attention.
119. Plaintiff, Eric Barst, continues to receive and incur
medical expenses for said injuries, and will continue to do 50 in
the future to his great detriment and loss.
36
n..lrOIlI, Plaintiff, Eric Hust, seeks damages from
Defendant, Robert Yagello, in an amount in exoess of Twenty-Five
Thousand ($25,000.00) Dollars and demands a trial by jury.
COUNT III
Brie Rerlt v. Albert rambrough
120. plaintiff, Eric Harat, incorporates and makes a part of
this count, paragraphs 1 through 119 of this complaint as if tully
set forth.
121. The occurrence of the aforesaid acoident and injuries to
plaintiff, Eric Harst, resulting therefrom were caused directly and
proximately by the negligence of Defendant, Albert Fambrough,
generally and more speckfical1y as set forth belowl
(a) In failing to be reasonably vigilant to observe the
disabled vehicle in the left lane of 1-76 and the
vehicle in which Plaintiff, Eric Harst, was a
paSSl!nger.
(b) In failing to operate his vehicle at a reasonable
speed, and under such control, as to be ablo to
stop within the assured clear distance, in
violation of 75 Pa. C.S.A. ~ 33611
(c) In failing to operate his vehicle under proper and
adequate control in order to react to the disabled
37
,
vehicle in the lett lane in time to pass it sately
in the right,
(d) In failing to maintain proper and adequate
observation of the tx'aftic conditions then and
there existing, and,
(e) In fail ing to exercise reasonable care in the
operation and control of his vehicle.
122. As a direct and proximate result of the negligence of
Defendant, Albert Fambrough, Plaintiff, Eric Harst, sustained
serious injuries, including but not limited to hoad trauma,
necessitating 8 sutures, and cervical sprain and strain.
123. As a result of the negligence of Defendant, Albert
Fambrough, Plaint.iff, Eric Harst, has suffered and probably will in
the future continue to suffer pain and agony, to his great
detriment and loss.
124. As a result of the negligence of Defendant, Albert
Fambrough, P1a intiff, Eric llarst, has undergone great physical
pain, discomfort, and mental anguish, and will continue to endure
the same for an indefinite period of time in the futux'e, to his
great physical, emotional, and financial detriment and 10SB.
125. As a result of the negligence of Defendant, Albert
38
set forth.
lJO. At all times material hereto, Defendant, Albert
Fambrough, was an agent, servant, and/or employee of Pefendant,
Sunflower carriers, Inc., and was acting in and upon the business
of said Pefendant and while in the course and scope of his
employment with the said Defendant.
13].. Defendant, Sunflower carriers, Inc., and its agents,
servants, and/or employees were negligent and/or careless in some
or all of the following particulars:
(a) In failing to be reasonably vigilant to observe the
disabled vehicle in the left lane of 1-76 and the
vehicle in which Plaintiff, Eric Harst, Was a
passenger,
(b) In failing to operate said vehicle at a reasonable
speed, and under SUch control, as to be able to
stop within the assured clear distance, in
violation of 74 Pa. C.S.A. 9 3361,
(e) In failing to operate said vehicle under proper and
adequate control in order to react to the disabled
vehicle in its lane in time to pass it safely on
the right,
(d) In failing to maintain proper and adequate
observation of the traffic conditions then and
40
there eKisting/ and,
ee) In fail ing to exeroise reasonable oare in the
operation and ccntrol of said vehicle.
132. AS a direct and proximate cause of the negligence of
Defendant, Sunflower Carriers, Inc., Plaintiff, Erio Harst,
sustained serious injuriea, inclUding but not limited to head
trauma, necessitating 8 sutures, and cervical sprain and strain.
133. As a result of the negligence of Defendant, Sunflower
carriers, Inc., Plaintiff, Foric Harst, has BUffered and probably
will in the future, continue to suffer pain and agony, to his great
detriment and loss.
134. As a result of the negligence of Defendant, Sunflower
carriers, Inc., Plaintiff, Eric Harst, has undergone physical pain,
discomfort, and mental anguish, and he will continue to endure the
same for an indefinite period of time in the future, to his great
physical, emotional, and financial detriment and loss.
135. As a result of the negligence of Defendant, Sunflower
carriers, Inc., Plaintiff, Eric Harat, has and probably will in the
future suffer a loss of life'a pleasures, and a claim is made
therefore.
41
-VB-
Shawn Pierce, Robert Yagollo
Albert Prambrough and Sunflower
CarrierB, Inc.
In the Court of Comnmn PIOBB of
Cumberland county, Pennsylvania
No. 94-4530 civil Term
Complaint in civil Action Law
and Notice
Bradford Belcher, Gala Yagello
and l!;r ic llar'B t
R. ThomaB Klino, Sheriff who being duly aworn according to law, Bays
he Berved the within Complaint in civil Action Law and Notice, in the
following mannerl by mailing a certifiod lolter return receipt requeeted
to the defendant on August 15, 1995 to hie laat known addreBB being
2755 Ordell SW, MC60illon, Ohio. The let tor Wila returned to the office
of the Sheriff on September 12, 1994 with the leaoon chesoked A'r'rl!;MP'rED
UNKNOWN. The letter io hereto attached unopened. l~h.~~ ~l.c~1
R. Thomao Kline, Sheriff who being duly eworn Bccording to law,
oaye ho served the within Complaint In civU ActIon Law, In the followIng
mannerl by maIlIng a certIfIed letter return receipt requeeted to the
defendant Robert Yagello on August 15, 1994 to hIe last known addreos
being 436 Stewart NW Maosillon, Ohio. The letter wae received by Robert
Yagello on August 20, 1994 the return receipt card signed by Robert
Yagello. The return receipt card is hereto attached.
R. ThomBs Kline, Sheriff who being duly aworn according to law, eays
he served the within Complaint in Civil Action Law and Notice, in the
following mannerl by mailing a certified let tor return receipt requested
to the defendant Albert Fambrough on August 15, 1994 to his laet known
addreos being 2634 Suneet Lane, Ilenderson, Kentucky. The letter was
received by Albert Fambrough on Auguot 19, 1994 the return receipt card
oigned by Albert Fambrough. The return receipt card is hereto attached.
R. Thomas Kline, Sheriff who being duly sworn according to law,
oays he served the within Complaint in in Civil Action Law, in the
following mannerl by mailing a certified letter return receipt requested
to the defendant Sunflower Carriers, Inc. on August 15, 1994 to their
last known Jddreoo being 556 Weot 12th street, Box 09, York, Nebreeka.
The letter woo received by Sunflower Carriero, Inc. on Auguot 16, 1994
the return receipt card signed by SIGNATURl!; UNREADABLE. The return receipt
card io hereto attached.
So a!1owerol
'''''--'.,'-:""",~.'' I
Sheriff's CootSI
DOCketing
Surcharge
Cert mail 1'/r
26.00
6.00
11.00
$ 45.00 pd. by atty
9-12-94
n. 'rhomao Kline
Sheriff
Sworn and Subacribed To before Me
,
Thie /'," Day of~.kd~
1994, A. D.. ' ~I'J"--' it' .{A,,,.i,_, , (1'0
I'r.t> ttlono t ,'j ry
..11' . .J:. 1_ . I
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''fiN~l TY FOIl "llIV~TE
U~E J[' AVOIO "~VMENI
01' I'OIll~GE, PlO
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r
\
Print YQur nBnTe, address and ZIP Corle hare
· R. Thomas Kline, Sheriff ·
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
"
I,
,
"
I,
'Ia 111111111.11I1111,,11 "II 10 ,1110,11",1,1111,11I",10,11111,11
':- -.
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v.
IN TH~ COUR'f 0.' COMMON PLEAB
CUMDSRLANP COUNTY, PtlNNBYLVANIA
CIVIL ACTION " LAW
NO. ~tl_ II~) 3 (J (',,_ L~I ~ (-1'(
BRADFORD B~LCH~R, GALA
YAOB~LO, and ~RIC HARST,
I'luinti tfu
SHAWN PIERCE, ROBERT YAOELLO,
ALB~RT FAMBROUGH, and
BUNFLOWER CARRIflRR, INC.,
OefondnntEl
JURY TRIAL DEMANDED
tlQ'JLts;J;;
YOU HAVE f1Ef.N SUED IN COUR'I'. If you wit>h to dollllld a<jalllt>t
the claim set forth In the following puges, you munt tllke net Ion
within twenty (20) days after this Complnint and Notice in served,
py entering n written .1pponrnneo personally or by i1ttornoy tlnd
filing in writing with the Court your defense or objections to the
claim set forth ngainst you. You aro warned thnt It you fall to
do so the CDBe may proceed without you nnd judgmont mOlY be entered
against you by the Court without further notice tor any money
claimed in the Complaint or for any other claim or rolief roquosted
py tho Plaintiff. You may lose money or property or othel- rights
important to you.
YOU SHOULD TAKE '1'11lS PAPEH '1'0 YOUH IJ\WYEH A'1' ONC!::. I F yOU DO
NOT HAVE A LAWYEH OH CANNOT AFFOHO ON!':, GO '1'0 OH TELEPHONE: THE;
OFfICE SET FOHTH Bf.LOW '1'0 FIND au'!' WIlEIU: YOU CAN GE'!' LEGAL m:LP.
tlQ'X'_J;Q,ll'l
Le han demilndildo a UGtod on la corto. S j, ustod qu iere
defendorso de estas domandas expuostils on los paginllB uiguiontes,
ustod tiono vienta (20) dins do plazo 01 portir de 01 focha de In
demandll y III notif icncion. Usted dobo presonta r unit opa denc ia
escrlta 0 en persona a pOl' abogado y archlvilr en In corta on forma
escrlta SUB dofensnB a SUB objactionas n laB damnndos en contra de
su parsona. San ilV inado quo s I usted no oe do t' lunde.' I 11.1 corto
tomara med idus y puada entra l' una orden contra uHted ~;j n prov 10
uvioa 0 notificncion y pOl' cuolquier quojo 0 olivlo que os padido
en 1a pot icion de domonda. UBted puodo porder d inero 0 om3
propiedadoB 0 otras dorechoB Importnntcs para ustod.
LLEVI': ESTA IlEMMHlA A UN AflODAGO mm:DIA'!'AMEN'!'I-:. S I NO '['!ENE
ABO<;^1100 Sl NO TIEtlE EL IHNEIlO SUFICIENTE DE PAGAH 'I'AI, S!':I<VIC10,
.
.
'>. IlutonLl1lnt, Ilollul't Y,lljuIJ,u, ilJ "II lIlhllt IndivldLlll1
rOIJLdinq at 43U Htownrt HW, Mn~~illoll, Ohio, 44040.
6. Defendant, Albert I'umprouqh is IIn ndult. individunl
reaidinq at 21lH Sunset Luno, 1I1i1ndorson, Kentucky, 42420.
,. LJulundant, Sunflower curriers, rnc., is " corpot'ation
exiating under the laws at Hebraska, with its principal place of
business at 558 West 12th street, l30x 9, York, Hobrilsku, 6tj.j(j'I.
e. At all times material to this action, Plaintitts,
Bradford Belcher, Gala Yagello, and Eric Harst were passengers in
a 1982 Dodge Ram, owned by Defendant, Robert Yagello, and operated
by Defendant, Shawn Pierce, and bearing ohio registration number
VEKUB.
9. At all times material to this action Defendant, Albert
Fambrough, waa operating a 1991 tractor trailer owned by Defendant,
Sunflower Carriers, Inc., and bearing Nebraska registration number
P854.
10. At all times material to this action, thero was snow on
the ground, the road surface was icy, and visibility was poor.
11. on or about March 15, 1993, at approximately 10tOO a.m.,
Plaintiffs, Bradford Bolcher, Gala Yagello, and Eric Harst were
.
,
p,IIIHonqot'u In .\ ....ul11ulo, oparlltad ~)y ~)a~ondllnt Hl1ll1m PIuruo,
tr,l....ol ling Ln thl) latt, OluJtpollnd Lllno at 1-76, no lit' Cill'l Lslo,
l'onnt3yl....lInlll.
12. On or nbout Mnrch 15, 1993, lit appro~imntoly LOIOO a.m.,
Detondant, Albert Fambrough, wns travelling in n trnctor trailer,
owned by Defendant, Sunflowor Carriers, Inc., in tho lett,
eustbound lane of 1-76, noar Carlisle, Ponnsylvania,
13. on or about March 15, 1993, at appro~imntoly 10tOO n.m.,
the vehicle operated by Defendant, Shawn pierco, WIIS trll....ol1Lng
bahind the tractor trailer operated by Defendant, Albert Fnmbrough,
when the two vehicles, travelling too fast tor road conditions,
approachod 1\ disabled vehicle In tho lett, eastbound lane of 1-76,
and attempted to go around it.
14. On or about Mnrch 15, 1993, at appro~imateiy 10100 n.m"
the vehicle operated by Defendant, Shllwn Pierce, slid into the rear
of the tractor trailor, spun out of control, and hit a snow bank.
15. As a direct ilnd proximate reault of the nogllgenco of
Defendants, Shawn Pierce, Robert Yagallo, Albert Fambrough, and
Sunflower Carriers Inc., Plaintiffs Bradford Belcher, Gala Yagello,
and Eric Harst have suffered serious bodily injury as set forth In
full heroinaftor.
3
.
,
QQUH'I' I
DJ:..!lf9f~DI1Qhgrd V, IIll!\wn.l'hlJill
16. Plaintiff, Bradford Bolchor, incorporates und makes a
part of this count, paragraphs 1 through 15 of this complaint us if
fully set forth.
17. '1'he occurrence of tho aforesaid occident und th13 injuries
to Plaintiff, Bradford Llolch13r, rosulting thorolrol1l wor13 cllusad
diroctly and proximatoly by tho nCl'lllqonco of l1ol'ondnnt, shillm
Pierce, generally and more spocificallY as Bet forth belowl
(a) In failing to allow a reasonable distance between
his vehiclo and the tractor trailor preceding him,
in violation of 75 Pa. C.S.A. ~ 3310(a) 1
(b) In failing to operate his vehicle at a reasonable
speed to be able to stop his vehicle within the
assured clear distance, in vi.olation of 75 Pa,
C.S.A.. ~ 33611
(0) In failing to overtake the disabled vehicle in the
left lane in a snfe manner, in violation of 75 Pa.
e.S.A. ~ 3304(b) 1
(d) In failing to move from the loft to the right
traffic lane wh13n such movement could be made in
safoty, in violation of 75 Pa. C.B.A. ~ 3334(a) I
(e) In failing to be reasonably vigilant to observe the
4
,
,I
dll,hlhlod Vllllll1l11 ,I/Id tllll Vulll<.!lll Ilul Ulld'lllt , ^Ihort
l"llm~NuCJh, W,IU oporilt ill'"
(f) [n fn(linq to opornto his vehLulo undor proper llnd
adoquat'il eontl:"ol in ordol:" to (Ivoid utrikinCj tho
vehicle opol:"utod by 1l01ondilnt, ^lbort Vombrouqh,
(9) In failing to opol:"ato his vohiclo in uueh a mnnnol:"
so that ho could apply his bl:"akes to ovoid striking
the vohielo operiltod
Fambrough,
(h) In fai 1 ing to maintain propor LInd ade'lullto
by
LJefendnnt,
Albert
obsol:"vation of the trafflc conditions than and
thero existing,
(i) In fa i ling to oxorcise reasonabl.e care in the
opol:"ntion and contl:"ol of his vehicle, and,
(j) Further, undel:" the ta'cts and ci rcumstances
pl:"esented hel:"ein, Defendant, Shawn Piel:"ee, had the
last clear chanco of avoiding this collision, and
in failing to do so, Defendant was guilty of gross
negl,igence.
18. As a dil:"ect and pl:"oximate result of the negligoncEl of
Defendant, Shawn Piel:"ce, Plaintiff, Bradford BelchEll:", sustained
serious injuries, including but not limited to a dislocAted left
hip, a fl:"actul:"ed left leg at the hip socket I:"equiring immediate
sUl:"gery, and a laceration of his I:"ight thumb.
,-
OJ
19. As II roault of tho neqligonoo of tho Ilol'endnnt, Shawn
Piorce, plaintiff, llrndford lIolohor"hila Elut'forod and proPilbly will
in the futuro, oontinuo to suttor pllin and agony, to his groat
detriment and loss.
20. As a result of the negligence of Defendant, shawn Pi'ilt'co,
pl"tnt-Iff Tlrllrlfnrrl n"l[~h"r, tn(!urrpc! lORt WIIC)tlR from I?mployment- liS
a dry-waller, and probably will continue to Lose wages to his great
detriment and financiul loss.
2L I\s a rosult of the negligenoe of Defendant, Shawn Pierce,
Pla intiff, Bradford Belcher, has undergono great physica 1 pain,
discomfort, and mental anguish, and he will continue to endure the
same for an indefinite period of time in the future, to his great
physical, emotional, and financial detriment and loss.
22. As a result of the negligenco of Defendant, Shawn Pierce,
Plaintiff, Bradford Belcher, has and probably will in the future
suffer a loss of life's pleasures, and a claim is made therefore.
23. Plaint iff, Bradford Belchor, bo lieves and thoro fore avers
that his injuries are permanent in naturo.
24. As a resul t of tho ncg ligonco of tho pe fendant, Shawn
Pierce. Plaintiff, Bradford Belcher, has been compelled, in ardor
(,
29. 'l'ho oocurronco of tho IIfOI.'lHlIlld IItlcldont IInd tho inlllrioa
to PLnintlfr, lIrlldford lIolohor, rosultin'1 thorolrolll woro ~/Illnod
direotly Ilnd proximotoly by tho noqliqont ontruatmont of Defondant,
Hobert Vogollo, goner/Illy IIl1d morc upodfically iHI aut forth lJolowl
(n) In Illlowing I'laintlff, Galo Vogello, to entrust his
vehicle to Dofondllnt, shown rierce, when he know or
nhnllld hnvn known rh/lr Ilofnndllnr, fihllwn !'Ieren, HIH1
an incompetent and/or careless driver,
(1:>) In ollowing Llelendllnt, Shawn 1'Ien:e, to operato Ills
vehicle without allowing a reasonnble distance
between said vehicle and the trllctor trailer
preceding it, in violation of 75 Pa. C.S.A. ~
3310(a) ,
(c) In allowing Defendant, Shawn Pierce, to operate
said vehicle at an unreasonable speed so he could
not stop within the assured clear distance, in
violntion of 75 Pa. C.B.A. ~33611
(d) In allowing Defendant, Shawn Pierce, to operate
said vehicle without overtaking the disabled
vehicle in the loft lane in 0 safe manner, in
violation of 75 Pa. C.S.A. ~ 3104(b),
(e) In allowing Defendant, Shawn Pierce, to operote
said vehicle without moving from tho left to the
right traffic lane when such movement could be mnde
in snfoty, In violation of 75 Pil. C.S.A. ~JJ]4 (a),
fl
(I.') In nllowing Dofondnnt, shnwn Pioruo, to opornte
snid vehicLe without being rensonnbly viqiLnnt to
observe the disnblod vohicle and the vohicle
Defendant, Albert fnmbrough, was operntingr
(g) In allowing Defendant, Shawn pierco, to opornte
snid vehicle without propor nnd adequato control in
orfjr>r to flvolrl f1trH;inq th,' vnhir'J,' o"r>ri,tPr! hv
Defendant, Albert fambroughr
(h) In allowing Dotendant, ~hawn Piorcu, to operato
said vehicle without boing able to appiy tho brakes
to avoid striking the vohicle operated by
Defendant, Albort Fambrough;
(i) In allowing Defendant, Shawn Pierce, to operate
said vehicle without mnintaining a proper and
adequate observation of the traffic conditions then
and there existingr and,
(j) In allowing Defendant, Shawn Pierce, to operate
said vehicle without exercising reasonable care.
30. As a direct and proximate result of the negligence of
Defendant, Robert YageLlo, PLnintiff, Bradford Delchor, sustained
serious injuries, inclUding but not limited to a dislocated left
hip, a fractured left log at the hip socket requiring immediate
surgery, and a laceration of his right thumb.
<J
H. lis II reslllt of the noqilqonco of Pefondrlnt, Hobert
Yllgello, Plaintiff, llrl1dford Uelcher, hils Bllffered Ilnd probubly
will in the flltllre/ continlle to allffer pain and agony, to hia great
detriment and loaa.
32. Aa 11 result of the negligenoe of Defendllnt, Robert
Y,l<1nllo, Pll\lntiff, nrl1dford f1nlchi>r, InclIrrnrl lnRt WI\<10R from
employment aa a dry-waller, and probl1bly will In the fllture
continue to lose wages to his great detriment Ilnd financial 10BB.
33. All a reault of the negligence of Defendant, Robert
Yllgello/ Plaintiff, Bradford Belcher, haa Ilnd probably will in the
future auffer a loas of Hfe's pleaaurea, and a claim ia made
therefore.
34. Plaintiff, Bradfol'd Belcher, believes and therefore avers
that his injuriea are permanent in nature.
35. Aa a reault of the nogligence of the Defendant/ Robert
Yagello, Plaintiff, Bradford Belcher, has been compelled, in order
to effect a cure for said lnjuries, to expend larqe sumB of money
for mudicine Ilnd medical attention.
36. Plaintiff, Bradford Belcher, continues to receive find
lncur mediCf\l expenses for suld lnjllrics, and will continue to do
10
60 in tho future to his grant dotrimont nnd Loss,
WHJ!lIU!lFOltl!l, Plaintiff, llradford llelchor, seeks dnmnqes from
Defendant, Robert Yagello, in an amount in excess of 'rwenty-Five
Thousand ($25,000) Doilars and demands n trial by jury.
COUNT II I
Bradford ...Q.Dl9h!l1."J~R.!IJ:t Fambr9.ll9h
37. Plaintiff, Bradford llelcher, incorporates and makes a
part of this count, paragraphs 1 through 36 of this complaint as if
fully sat forth.
38. The occurrence of the aforesaid accident and injuries to
Plaintiff, Bradford Belcher, reSUlting therefrom were caused
directly and proximately by the negligence of Def.endant, Albert
Fambrough, generally and more specifically as set forth below;
(a) In failing to be reasonably vigilant to observe the
disabled vehicle in the loft lane of 1-76 and the
vehicle in which Plaintiff, Bradford Bolchor, was a
passenger;
(b) In failing to operate his vehicle at a reasonable
speed, and under such control, as to be able to
stop within the assured cinar distance, in
violation of 75 Pa. C.B.A. I 3361;
II
(0) In f!lHing to OpO~'llto his vohlclo undo~' propol' MIU
adequato Gontrol In ardor to rOllct to tho dlunbled
vehiclo in the left lane in timo to pllSS It safoly
on the dght I
(d) In foil inq to maintnin proper and adequate
observation of the traffic conditions then and
thero existing, and,
(e) In failing to exorciso reasonable care In the
oporatlon and control of his vehiclo,
39. As a direct ilnd proximate result of tho negligence of
Defendant, Albert fambrouqh, plaintiff, Bradford Bolcher, sustained
serious injuries, including but not limited to a dislocated left
hip, a fractured left leg at the hip socket requiring immediate
surgery, and a laceration of his right thumb.
40. As a result of the negligence of Defendant, Albert
fambrough, Plaintiff, Bradford Belcher, has suffered and probably
will in the future continue to suffer paLn and agony, to his great
detriment and loss.
41. As a result of the negligence of Defendant, Albert
fambrough, Plaintiff, Bradford Belcher, incurrod lost wages from
employment as a dry-wallor, and probably will in tho future
continuo to lose wages to his groat detriment and financial lOBS.
1 :1.
4;1. ^~ II rosllit. af tho noqllqonoo of llefond'"1t, ^lhort
1'1IInbrCluqh, Plaintiff, lIrndfard Iloleher, hns undnrqono qront
phy~icl.ll pllin, discomfort, IInd montol anguish, IInd wlll continuo to
ondure the uame tor an indofinite poriod of timo in the futuro, to
hi~ great physical, emotional, and financial detriment and loss.
4'1. ^H II rnf'lllt 01' tho noqllqanr.~o of l1ofonoflnt, Albert
~'ambrough, Plaintiff, Bradford Belcher, hns and probably will in
tho future suffer 3 loss of lifo's plensures, and n claim iu mado
therefol:'e.
44. Plaintiff, Bl:'adfol:'d Beloher, believes and therefore avel:'~
that hi~ injul:'ie~ al:'e permanent in nature.
45. As a result of the negliqence of Defendant, Albert
f'ambrough, Plaintiff, Brudf.ord Belcher, has been compelled, in
ol:'del:' to effect a cure for said injuries, to expend large sums of
money for medicine and medical attention.
46. Plaintiff, Bradford Belcher, continues to receive and
incur medical expenses for said injuries, and will continue to do
so in the future to his great detriment and loss.
WHEREFORE, Plaintiff, Bradford Belcher, seeks damages from
Defendant, Albert Fambrough, In an amount in excess of Twenty-Fivo
13
'l'housond (~~6,OOO) pollllrs lInd d0Jl11111d~1 II trilll by jury.
C9Utl.T,. XV
II.n.dl~~~LDJtl.2h.t 'LY.J._ D.Yn U9.w.tf.....9UnUJl.,___[Il9....
47. Plaintiff, Bradford Belcher, Incorporates and makes a
p'1rr 'If rhlR Cnunt, pilrl1rjrl1phfll rhrnllqh 4(, of this complnlnt tlS if
fully set forth.
48. At all times material herato, Pefendant, Albert
Fambrough, was an agent, servant, and/or employee of Defendant,
Sunflower Carriers, Inc., and was acting in and upon the business
of said Defendant and while in the course and scope of his
employment with the said Defendant,
49. Defendant, Sunflower carriers, Inc., and its agents,
servants, and/or employees were negligent and/or careless in some
or all of tha following particulars!
(a) In failing to be reasonably vigilant to observe the
disabled vehicle in the left lane of [-76 and the
vehicle in which Plaintiff, Bradford Belcher, was a
passenger r
(b) In failing to operate said vehicle at a reasonable
speed, and undor such control, as to bo able to
stop within the assured clear distan<.:e, In
14
Vlolntlon of 'Hi PII. C.A.A. ~ llC.l,
(u) In tnilinq to opel'lIte unid vuhiuIo untlor propel- nnu
adequate control in order to ronct to tho diua~lod
vehlclo in ita lane in timo to pnaa It safoly on
the right,
(d) In fa iling to ma intn in proper <1nd ndequate
onnorvntlon f)f' tho tr:lf'tll' (!onctltlonn thnn ilnd
there existingt and,
(e) In tailing to exercise reilsonublo C:<lre in the
operation nod control of said vehicle.
50. AB a direct and proximate cause of the negligence of
Defendant, Sunflower carriers, Inc., Plaintiff, Bradford Belcher,
sustained sqrious injuries, including but not limited to a
dislocated left hip, a Cractured left leg nt the hip socket
requiring immediate surgery, and a laceration of the right thumb.
51. As a result of the negl igence of Defendant, Sunflower
Carriers, Inc" Plaintiff, llladCord llelcher, has suffered and
probably will in the future, continue to suffer pain and agony, to
his great detriment and loss.
52. lis a result of the negligence of Defendant, Sunflower
carders, Inc., Plaintiff, Rrndford ReIcher, incurred lost wages
from employment <1S il dry-waller, nnd probably will continue to lose
1',
WHBRBFORB, PLAintiff, Urad ford Ualoher, sook~ dnmnges from
Llofondant, llunfLowor Carders Ino., In nn amount In 13>(0131313 of
'L'wonty"t'ivo 'L'houaand ($;15,000.00) Dollars and demnnds a trial PY
jury.
gQj.Ili.T-Y.
O~~~ Y~OBLLO v. 8H~WN flBRCB
58. Plaintiff, Gall\ Vaqollo, incorporates and makes a part of
this count, paragraphs 1 through 57 of this complaint as if fully
set forth.
59. The oocurrence of the aforesaid accident and the injuries
to Plaintiff, Gala Vagello, resulting therefrom were caused
directly and proximately by tho negligence of Defendant, Shawn
Pierce, genoralLy and more specificnlly as set forth belowl
(1.\) In failing to 1I11ow a reaaonable distance between
his vehicle and the tractor trailer preceding him,
In vioLation of '15 PlI. C.B.II. ~ JJlo(a) 1
(b) In failing to operate his vehicle at a reasonable
speed to be able to stop within tho assured cLear
distance, in violation of 75 Pa. C,S.II. ~ 33611
(e) In failing to overtake the disabled vehicle in tho
Left lane in a silfe manner, in violation of 75 Pa.
C.S.II, ~ 3304(b) r
1'1
'(d) Xn tniUng to movo from tho Loft to tho right.
traffic laM when such movement could be made ln
safety, in violation ot '/5 Pa, C.B.A. ~ J3H (a) I
(e) In failing to be rellsonably vigiltlnt to obaorve the
disabled vehicle and the vehiclo Pefendant, Albert
Pambrough, was operating,
(t) Tn ffllling to operate his vehicle under proper and
adequate control in order to avoid striking the
vehlC le opord toll by Do LOIIUdIlL, l\ilJert l"i\lI\brough t
('iI) In failing to operate his vehicle in such i\ manner
so that he could apply his brakes to avoid striking
the vehicle operated by Defendant, Albert
Pambrough,
(h) In failing to maintain proper and adequate
observation of the traffic conditions then and
there existing,
(i) In falling to exercise reasonable care in 'the
operation and control of his vehiclel and,
(j) Further, under the facts and circumstances
presented herein, Defendant, Shawn Pierce, had the
last clear chanco of avoiding this collision, and
in tailing to do so, Defendant was guilty of gross
negligence.
60. As a direct and proximate result ot the negligence of
16
l)ofondi'lnt, Shawn plerco, plLlinl:lrr, Gala Vaqlll11o, hila austLllnud
aodous injuries, Includln\J /:Iut not limited to aouto oorvluLll LInd
baok strain.
61. As a result of tho nogligence oe Pofandant, Shawn Pleroo,
Plaintiff, Gala Vage11o, has suffored Rnd probnbly wlll In the
future, continua to suffer p~ln ~nd ~qony, to hor qrn~t rlntrlmnnt
and loss.
62. As a result of the negligence of Defendant, Shawn Plerco,
Plaintiff, Gala Vagello. Incurred lost wLlges from employment as an
offioe manager at Sub Machine compnny, and probably will continue
to lose wages to her great detriment nnd financial loss.
63. As a result of the negligence of Defondant, Shawn piorce,
Plaintiff, Gala Vagello, hns undorgono great physical pain,
discomfort, and mental anguish, and sho will continuo to endure the
same for an indefinite period of timo in the future, to hor great
physical, emotional, and financial detriment and loss.
64. As a result of tho nogligence of Defondant, Shown Pierce,
Plain~iff, Gala Vaqollo, has and probably will in tho future suffer
n loss of life's pleasures, nnd a claim Is made therefore.
65. Plaintiff, Gilla VilgOll.O, bel1eveB LInd therefor'o .wers
19
'Ill, 1\1: nil tlmo/.\ IIIlltorlnl to this notion, I'lillntlrt, (Jilin
Yllqollo, ontru/.\tQrJ thQ vohl111o of I)ofondllnt, HolJol.t Yil<jollo, to
Defendant, ahnwn plorco.
'11. 'l'he occurrence of tho a fOL'OBa id acc ident IInd the lnj urios
to plaintiff, allln Yngello, reSUlting thorefrom wore cnused
,II roctly 11,,1 prOXII"ltr>l \' hy thr> nN/I!'Ir>nt- nntt"II"t-I1lntlt- nf f1"fnnrlnnt-,
Hol:lert Yaqello, generally IInd lIIore specifically as set fort.h beloWI
(a) In allowing, Plaintiff, GalLI YagelLo, to entrust
his vehicle to Defendant, Shawn Piorco, when he
knew or should have known Defendant, Shawn Pierce,
was an incompetent and/or careless driver,
(I:l) In allowing Defondant, Shawn Piercc, to operate
said vehicle without allowing a reasonable distance
I:letwoen the st) id veh iclo and thf.! tractor tra iler
preceding it, in violation of 75 ra. C.S.I\. ~
33l0(a) t
(c) In allowing Defendant, Shawn rierce, to operate
said vehicle at an unreasonable spoed so aB not to
I:le able to stop within the assured clear distance,
in violation of 75 Pa. C.S.A. ~ 336lr
(d) In allowing Defendant, Shawn Pierce, to operate
said vehlclo without overtaking the disablod
vehicle In thc left lane In a snfe manner, in
viollltion of 75 Pa. c.S.I\. ~ J304(b),
21
(0) In allowlng Pofandont, Shown Jlloroo/ t(I opornto
said vohlolo wlthout movlnq trom tho Lart to the
right trafflc lane when such movoment could be mude
in safety, In violntion of 75 Pa. C.B.A. ~ J:l34 (a),
(t) In allowing Defendant, Shown Plerce, to operate
said vehicle without being reasonably vigilant to
rJt'''l1r'..'' ~"" ,11"1101",1 ""hlrll1 '1I1'! ~hl1 ",'hIe]"
Defendant, Albert Fambreugh, was operatinq:
(g) In allowing Dofendant, shawn PLorce, to operate
said vehicle without proper and adequate control in
order to avoid striking the vehicle operated by
Defendant, Albert Fambrough:
(h) In allowing Defendant, Shawn Pierce, to operate
said vehicle without being to apply the brakes to
avoid striking the vehicle operated by Defendant,
Albert Fambrough'
(i) In allowing Defendant, Shawn Pierce, to operate
said vehicle without maintaining a proper and
adequate observntJ.on of the traffic conditions then
and there existing, and,
(j) In allowing Defendant, Shawn Pierce, to operate
said vehicle without p.xercising reasonable care.
72. As a direct and proximate rosult of the negligence of the
Defendant, Robert Yaqello, Plaintiff, Gala Yagello, sustained
22
aorioua lnjuriea, including but not limited to ~outo uorviunl und
baok atrain.
73. As a result of the negl igence of Pefendant, Hobert
Yagello, Plaintiff., Gala Yagello, has suffered and probably will in
the future, continue to suffer pain and agony, to her great
6~trlm~nt and lonn.
74. As a result of. the negl igonce of Pefandant, Robart
Yagello, Plaintiff, Gala Yagello, incurred lost wages from
employment as an of.fice manager at sub Machinos company, and
probably will continue to lose wages to her great detriment and
financial loss.
75. As a result of the negligence of Defendant, Robert
Yagello, Plaintiff, Gala Yagello, has undergone great physical
pain, discomfort, and mental anguish, and she will continue to
endure the same for an indefinite period of time in the future, to
her great detriment and loss.
76. As a result of the negligence of the Defendant, Hobert
Yagello, Pla intif f, Ga la Yagello, has and probably w ill in the
future suffer a loss of life's pleasures, and a claim is made
therefore.
23
.
and proximately ~y the nogligonuo of Uofondant, Albort pnmbrouqh,
generally, and more apeulfioally as sot forth ~olow,
(n) In failing to ~o ronsonnbly viqilant to obsorvo the
disablod vehicle In tho left lano of 1-76 and tho
vmhiclo In which Pllllntiff, Gain \lagollo, WiHl (I
possenqerr
(b) Tn f,,1111l'1 to oparlltn hlA vehicle Ilt it rnilAf1llllblo
speed, and undor such control, as to bo able to
stop within the assured clear dilltilllUFJ, in
violation of 75 Pa. C.B.A. ~ 3361,
(e) In failing to opcrate his vehicle undor proper Dnd
adequate control in order to react to a disabled
vehicle in the left lane in time to pass It safely
on the right,
(d) In failing to maintain proper and adequate
observntlon of thc trnffic condit Ions then and
there existing, and,
(e) In failing to exercise reasonable cnre in the
operation and control of his vehicle.
82. As a direct and proximatc result of the nogligence of
Defendant, Albert Fambrough, Plaintiff, Gala \lage11o, sustained
serious Injurlcs, including but not limited to acute cervical and
back strain.
~5
63, 1\13 a rOliult of tho IHlqligenco of Pefonddnt, Albert
Fambrouqh, plaintirf, aala Wagollo, haa auffered and probably will
in the futuro continuo to suffor pain and agony, to her groat
detriment and loss.
64, As a result of the nogligence of Defendant, Albert
F'nl11brollgh, Plaintiff, <'lnl" Vnqnl1,i, in('lIrrnri lont \1/lqoA from hor
employment as an office manager at Sub Machinea company, and
prolJably will in tho futuro continuo to loae wagos to hor qreat
detriment and financial loss.
65. As a result of the negligence of Defendant, Albert
Fambrough, Plaintiff, Gala Vagello, has undergone great physical
pain, discomfort, and mental anguish, and will continue to endure
the same for an indefinite period time in tho futuro, to his great
physical, emotional, and financial detriment and loss.
66. As a result of the negligence of Pefendant, Albert
Fambrough, Plal.ntiff, Gala Vagello, has and probably will in the
future suffer a loss of life's pleasures, and a claim is made
therefore.
67. Plaintiff, Gala Vagello, believea and therefore aVers
that her injuries are permanent in nature.
26
!lB. AS 1\ result at the noC)liqonoo of f)ol'ondunt., Ml:lort
Fnml:lrough, plnintiff, onln 'lngello, hnu boon oompol Lad, In o~'dor to
effaot 6 cura for snid injuries, to oxpond lnrqo sum a of monoy for
medicino nnd medical attention.
B9. Plaintiff, Gala 'lngello, continues to reoeive nnd inour
medlelll GXrOn!10B for Blllrl Inillrlos, nnd will cont.lnllp. to do 130 in
the future to her great detriment and loss.
WHBRl!lFORB, Plaintiff, Gala 'lagello, soeks damages from
Defendant, Albert Fambrough, in an amount in excess of Twenty-Five
Thousand ($25,000.00) Dollars and demands a trial by jury.
gpUtf.'LYllI
!lAl!_ Yllq811o~BU~ cllrrierll-1-lD!L.
90. Plaintiff, Gala Yngello, l.ncorporat.es and makes 11 part of
this count, paragraphs 1 through 89 of this complaint as if fully
set forth.
91. At all times material to this action, Defendant, Albert
Fambrough, was an agent, servant, and/or employee of Defendant,
Sunflower Carriers Inc., and was acting in and upon the business of
said Defendant and while in the course and scope of his employment
with the said Defendant.
27
92. Pefendrlnt, flunflower cnrriar13, lnG" IIIlU it~i rlgents,
servrlnts, and/or employaes were neg liqtlllt 'lllu/or tHIl'O 1088 in 13011113
or allot the fOllowing prlrticulorst
(a) In failing to be reasonably vigilrlnt to obsorvo tho
disablod vehiclo in the left lrlne of L-'16 illld the
vehicle in which plaint1tf, Orlln Vngello, was 0
pnf1f1r:>n'1or,
(b) In failing to operata said vehicle ut u rOrlBonable
speed und undar such control liB to llO ilwllJ to stop
within the assurod clear distancer
(0) In fail ing to operate said vehicle under proper and
adequate control in arder ta react to the disabled
vehicle in the left lane in tima to pass it safely
on the right r
(d) In failing ta maintain proper and adequate
observation of the traffic conditions then and
there existingr and,
(e) In failing to exercise reasonable care in the
operation and control of said vohiclo.
93. As a direct and proximate cause of tho nagligenco of
Defendant, Sunflower carriers, Inc" Plaintiff, Gala Vagello,
sustained serious injudes, inclUding but nat limited to flcute
cervical and back strain.
20
04. AS 1.\ rOIJuLt 01' tho 1l0'lLL'lolltJo ot llolatldilllt, HlItltlowar
cllrriors, !tIC., Plllilltift, Olllll VllqeLLo, IHIII autrorou LInd prolJlllJly
will in tho futuro oontinuo to auttor pnin llnd ll'lony, to hor gro~t
dotrimont and lOIJa.
95. Aa II roault of tho noqliqonce of Pofondnnt, Sunflower
('l1rrl"rn, !'tw., rlnlntlff. (]1I111 VI1'1nl1f1, In<'lIrrnr! 1f1f\t \'1'1'1"" frf1n1
employment lHI IIn office manager at sub MaohinelJ compLlny, and
probably will continuo to loaD wages to her grant dotrimont nnd
f inancia I loss.
96. As a rosult of the noqliqence of Dofendant, Sunflower
Carriers, Inc., Plail~tiff, Gala Yagello, has undergono great
physical pain, discomfort, and mental anguish, and ahe will
continue to endure the same for an indefinite period of time in the
future, to her great physical, emotional, and financial dotriment
and losa.
97, As a result of the negligence of Defendant, Sunflower
Carriers, Inc., Plaintiff, Gala Yagello, has and probably will in
the future suffer a loss of lifo's ploasuros, and a claim is made
therefore.
98. Plaintiff, Gala Yagollo, believes and therefore avers
that her in1uries are permanent in nature.
29
99, Alii n rlllilult of the nagL lqlJl1uQ of UefOI1Ullnt, HUl1llowor
Cllrde~'a, Inc., PLAintiff, OAln VAgolLo, hila poon compollod In
order to effect It curo for sn ld lnjlldos, to Qxpend Largo sums of
money for medloine nnd medioll! attention.
100. Plaintiff, Oala Vagello, oontlnues to receive and incur
medl"111 r>xpr>n'1r>f' for f'l1ld Inillrlml, nnd \d 11 eontlnlle to do l'\0 In
the future to her grOAt detriment And finAncial loss.
WKflIUJFOREI, plaintiff, Gala Vagello, seeks damuges from
Defendant, Sunflower Carders, Inc., In an amount in excess of
Twenty-Five Thousand ($25,000.00) Dollars and demands a trial by
jury,
COUNT IX
~ric KarB~v~b~wn pier~~
10~. Plaintiff, Eric Harst incorporates and makes a part of
this Count, paragraphs 1 through 100 of this complaint as If fully
set forth.
102. The occurrence of tho aforosa id ace ident and the Inj udes
to plaintiff, Eric Harst, reSUlting therefrom wero caused directly
and proximately by tho negligence of Defendant, shU\m Pierce,
generally and more specifically as set forth below:
]0
(n) In !nlllng to nllow II rOtlsOnllPle dlatllnl.lO between
his vehioLe nnd tho trnotor trniLer preceding him,
in violation of 75 Pn. c.B.A. ~ 3310(n),
(b) In fniling to operate> his vehicle at a reasonable
apeed to pe nple to stop within the assured clenr
distance, in violation of 75 Pa. C.B.A. ~ ]]61r
(0) Tn fntUnC) to ovortnko tho dlsilpled vohkl<:' In tho
left lane in a snfe manner, in vioLiltion of 75 Pa.
e.B.A. ~ 3304(13) r
(d) In failing to move from the left to the right
traffic lane when such movement could be mode in
aafety, in violation of 75 Pa. C.B.A. ~ 3334(n) r
(e) In failing to be reasonably vigilant to observe the
disabled vehiclo and the vehicle operated by
Defendant, Albert Fambrough,
(f) In failing to operate his vehicle under proper and
adequate control in order to avoid striking tho
vehicle operated by Defendant, Albert Fambrough:
(g) In failing to operate his vehicle in such d mdnner
60 that he could apply his brakes to avoid striking
the vehicle oporated by Defendant, Albert
Fambrough,
(h) In failing to maintain proper and adequate
observation of tho traffic conditions then and
there oxistingr
31
(1) In flllllng to oword~o rOlllJonllbLo wl/'o III tho
operntion and l.lontroL of his vohil.lLo, nnd,
(j) Furthor, undor. tho faota IInd ul ruumst,1nuos
preaentod horein, Pofondnnt, ShAwn Piorl.lo, has tho
lllst ulear chance of IIvoiding this uoLllaion, and
in failing to do so, Dofendant Waa guiLty of gross
nO'lll 'lonco ,
103. As a direct and proximate result of the nogLigence of
Defendant, Shawn Pierce, Plaintiff, Eric Harat, sustained serious
injuriea, inclUding but not limited to head trauma, neceasitating
8 autures, and cervical sprain and strain.
104. As a result of the negligence of Do fondant, Shawn Pierce,
Plaintiff, Eric Iiarst, has suffered and probably will in the
future, continue to suffer pain and agony, to his great detriment
and financial loss.
105. As a result of the negligence of Defendant, shawn Pierce,
Plaintiff, J::ric Harst, has undergone gront physical pain,
discomfort, and mental anguish, and he will continue to endure the
same for an indefinite period of time in the futuro, to his great
physical, emotional, and financial detriment and loss.
10(;. An a reflult of the negligence of Defondant, shawn Pierce,
]~
111. At 1111 tim~s matorial to this actioh, Defendant, Robert
Yugello, entrusted his vehiole to Plaintiff, Gula Yaqello.
112. At all times material to this aotion, Plaintiff, Gala
Yagello, entrusted the vehicle of Defendant, Robart Vagello, to
Defendant, Shawn Pierce.
113. The occurrence of the aforesaid accident and the injuries
to Plaintiff, Eric Harst, reSUlting therefrom were cau~od directly
and proximately by tho negligent ontrustment of Dofendant, Robart
Yagello, generally and more spocifically as sot forth belowt
(a) In allowing Plaintiff, Gala Vagollo, to ontrust his
vehicle to Defendant, Shawn Pierce, whon he knew or
should have known Defendant, Shawn Pierce, was an
incompetont and/or careless drivor:
(b) In allowing Defendant, Shawn Pierce, to operate
said vehicle without allowing a reasonable distance
between said vehicle and the tractor trailer
preceding it, in violation of 75 Pn. C.S.A. ~
3310(a),
(0) In allowing Defondant, Shawn Piorce, to operate
said vehicle at an unreasonable speed so as not to
be able to stop within the assured clear distance,
in violation of 75 Pa, C.S.A. ~ 1361/
(d) In allow ing De fondant, Shawn P ierco, to oporate
34
Buid vehiole without ovortaking the dl~nbLe vohicle
In the loft lnne in a safe manner, In vlolntion of
75 [la. c. H . A. ~ 33 0 4 (b) ,
(e) In allowing Defendant, Shawn Plerce, to opernte
said vehicle without moving from the Left to the
right traffic lane when suoh movement could be made
In Bafet.y, 111 violntlon of 7'i 1',1. C.R.A. ij lll~ 1;1) r
(f) In allowing Defendant, Shawn Pierco, to operllte
said vehicle without being reasonabLy vigilant to
observe the disllbled vehicle and the vchicle
opcrated by Defendant, Albert Fambroughr
(9) In allowing Defendant, Shawn Pierce, to operate
said vehicle without propcr and adequate control in
order to avoid striking the vehicle operated by
Defendant, Albert Fambroughr
(h) In allowing Defendant, Shawn Pierce, to operate
said vehicle without being ablo to apply the brakes
to avoid striking the vehicle operated by
Defendant, Aibert Fambrough:
(I) In allowing Defendant, Shawn Pierce, to operate
said vehicle without maintaining 0 proper and
adequate observation of the traffic condltions then
and there existing, and,
(j) In allowing Defendant, Shawn Pierco, to operate
said vehicle without exercising reasonable care.
35
~
114. As tI dLreut Ilnd proximllto t'oault Qf tho nO'lliqonl.!e of
Defendant, Robert YIl'loLlo, Plllintin, Hde IIllrst, sustllined serious
injuries, incLuding but not limited to haad trauma, necessitating
u suturos, tlnd cerviunl oprtlin and strain.
115. As a result of the negligence of Dafendant, Robert
YI1C)n.llo, Pll11ntlff, "rle 1I,)t'Rt, h,lA 'Illfforod I1nd prnhl1hly "ill I In
the futuro continuel to suffer pain and agony, to his great
detrimont and 1060.
116. As a result of the Mgllgonce of Defendant, Robert
Yagello, Plaintiff, Eric Herst, has and probably wiLL in the future
suffer II loss of life's ploasures, and a claim is mad a therefore.
117. Plaintiff, Eric Harst, believes and thorefore avers that
his injuries are permanent in nature.
118. As n result of the negligence of Defendant, Robert
Yagello, Plaintiff, Eric Harst, has bean compelled, in order to
effect a cure for said injuries, to expend large sums of money for
medicine and modical attention.
119. Plaintiff, Eric lIarst, continues to receive and incur
medical oxpenses for snid injurios, and will continuo to do so in
the futuro to his groat dotrimont nnd loss.
Hi
;..~- ~I'
WHflRflrOJUl, plaintiff, f:rlll lIarat, seilJks c1fllllagen trom
Defondant, Robert 'ingol Lo, in tIn Ill1l0unt in excess of 'l'wonty~f'iVe
Thousand ($25,000.00) Dollars And domands a triol by jury.
g9.I1J'iT_XX
IldsLllAnJ;___'l,_.M ~_!U:Lf.Alllm.2ygb
120. Plaintiff, Eric t1arst, incorporutes and makes II part of
this count, paragraphs 1 through 119 of this Complaint as if tully
set forth.
121. The occurrence of the aforesaid accident and injuries to
Plaintiff, Eric t1arst, rosulting thorefrom wore caused directly and
proximately by the negligence of Defendant, Albert Fambrough,
generally and more specifically as set forth below,
(a) In falling to be reasonably vigilant to observe the
disabled vehicle in the left lano of 1-76 and the
vehicle in which Plaintiff, Eric Harst, was a
passenger.
(b) In falling to operate his vehicle at a reasonable
speod, and under such control, as to be able to
stop within the assured clear distance, in
violation of 75 Pa, C.S.A. ~ 3361r
(c) In fail in'l to operate his vehicle llndor proper and
adequato control in order to reaut to the disabled
37
. vohioLo in the left lane in tlmo to pnus It "<<reLy
Ln thll right,
(d) In failing to maintain proper IInd Ildoquate
observation of the traffic conditions than ond
there existing, and,
(e) In failing to exercise reasonablo care in the
operatlon IInd control of his vehicle.
122. As a direct and pl'oxin11lte resuLt of tho nogli'\lenoe of
Defendant, Albert Fambrough, Plaintiff, Eric Harst, sustained
ser ious inj ur ies, includ ing but not limited to hoad trauma,
necessitating 8 sutures, and cervical sprain and strain.
123. As a result of the negligence of Defendant, Albert
Fambrough, Plaintiff, Eric Harst, has suffored and probably will in
the futuro continue to suffer pain and agony, to his great
detriment and loss.
124. As a result of the negligonce of Defendant, Albert
Fambrough, Plaintiff, Eric Harst, has undergone great physical
pain, discomfort, and mental anguish, and will continue to endure
the samo for an indefinite period of time in the futuro, to his
great physical, emotional, and financial detriment and Loss.
125. As a result of the negl igence of Defendant, Albort
30
,
set fOl:'th.
130. At: all times matodlll hereto, lJehndant, Albert
Fambrough, was an agent, servant, and/or employee ot Oefendant,
Sunflower carriers, Inc., and was acting in and upon thu business
of said Defendant and while in the course and acope of hia
employmont with the said Defendant.
131. Defendant, Sunflower carriers, Inc., and it!! agents,
servants, and/or employees were negligent and/or careless in some
or all of the following particulars:
(a) In failing to be rea60nably vigilant to observe the
disabled vehicle in the left lahe of I-76 and the
vehicle in which Plaintiff, Eric Harst, was a
passenger!
(b) In failing to operate said vehicle at a reasonable
speed, and under ouch control, as to be able to
stop within the assured clear distance, in
violation of 74 Pa, C.S.A. ~ 3361;
(c) In failing to operate said vehicle under proper and
adequate control in order to react to the diRabled
vehicle in its lane in time to pass it sa fe 1 y on
the rightr
(d) In failing to
observation of
maintain propor and
the traffic conditions
40
adequate
then and
there ewiatinq, a~d,
(e) In faLling to exeroise rQalilonnble rJllro itl the
operation and oontrol of sllid vehiole.
132. As Jl diroct und proximate causo of tho negligenoe of
Defendant, Sunflower Carriers, Inc., Plaintiff, Eric Harst,
sustninod serious Ln1urioB, including but not limited to hoad
trauma, necessitating 6 sutures, and cervical sprain and strain.
133. I\s a result of the negligence of Defendant, Sunflower
Carriers, Inc., Plaintiff, Eric Harst, has suffored and probably
will in the future, cOl1tinuQ to suffer pain and agony, to his groat
detriment and loss.
134. I\s a result of the negligence of Defendant, Sunflower
Carriers, Inc., Plaintiff, Eric Harst, has undergone physical pain,
discomfort, and m~ntal anguish, and ho will continuo to endure the
same for an indefinite period of time in the futuro, to his great
physical, o~otional, and financial detriment and loss.
135. As a result of tho nt;!gligenco of Defendant, Sunflower
carriers, inc" Plaintiff, Eric Harst, has and probably will in tho
future suffer iI loss of life's pleasures, and a claim is made
therefore.
41
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e. Paragrapns 29, 71 and 113 all~ge that the accident wa.
cau.ed "by the negligent antrustment of Defendant, Robert
Yagello," inl
(a) In allowing Plaintiff, Gala Yagello, to entrust his
vehicle to Defendant, Shawn Pierce, when he knew or should
have known that Defendant, Shawn pierce, was an incompetdnt
and/or careless driver.
6. Said allegation fails to state the material facts on
which the cause of action is based in violation of Pa. R.C.P.
1019(a) in that it does not contain facts to indicatet
A. That Mr. Yagello knew or should have known his
daughter would entrust his vehicle to Shawn Pierce,
B. That Shawn pierce was an incompetent and/or
careless driver, and
C. That Mr. Yagello knew or shOUld have known of said
incompetency.
WHEREFORE, Defendant Robert Yagello moves Your Honorable
Court to strike Paragraphs 29(a), 71(a), and 113(a).
COUNT II
OBJECTION IN THE NATURE OF A MOTION TO STRIKE
7. Paragraphs 1-5 are incorporated hGrein by reference.
8. The plaintiffs claim in Paragraphs 29, 71 and 113 that
the accident was caused "by the negligent entrustment of
Defendant, Robert Yagello. . . in allowing Defendant Shawn
Piercet
(b) to operate his vehiole without allowing a
reasonable distanoe. . .
(0) to operate said vehiole at an unreasonable
speed. . .
(d) to operate said vehicle without overtaking the
disabled vehiole in the left lane in a safe
manner. . .
(e) to operate said vehicle without moving from the
left to the right traffic lane. . .
(f) to operate said vehicle without being reasonably
vigilant. . .
(g) to operate said vehicle without proper and
adequate control. . .
(h) to operate said vehicle without being able to
apply the brakes. . .
(i) to operate said vehicle without maintaining a
proper and adequate observation. . . and
(j) to operate said vehicle without exercising
reasonable care."
9. Said allegations fail to establish a duty on the part of
Defendant Robert Yagello, who was not present in t.he vehiole, to
control the driving of Defendant Shawn Pierce.
WHEREFORE, Robert Yagello requests Your Honorable Court to
strike Paragraphs 29(b-j), 71(b-j) and 113(b-j).
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llltArWOIUllm L.C IIICH ,
GALA VAUli:LLO IInU EIUC IIAHS'I"
PlllinUnil
IN 'I'm: COLJrt'I' 0'" COMMON PLEAS
CLJMIHCHLAND COL1N'I'V, PENNSVLVANIA
v,
CIVIL ACTION - I.AW
NO, fl4.41l:l0
SHAWN pmIWI~, HOlllm'I' VAm:1.1.0,
ALBElt'1' I~AMBHOlJOllllnd
SLJNI~LOWICH CAHHIICHH, INC"
IM'l!ndllntH
.JLlItV THIAI. mlMANI>EI>
ANHWlo:H WI'I;II NI'lW MA'IVI'lo:H ()Jo' ma.'gNDAN'I'S
SLJNJo'I.OWlm CAHHmHH. INC, ANn AI.B1m'l' I~AMBHOU(l'(
'1'0: Bmdful'd Bulclllll', 011111 YIIl(lIl1u IIl1d I'll'ic IIIlI'Ht, I'llIinUIIH, IIl1lllhui.. llllllrnoy,
EI'\c .1, Wllinlll', l'lHlJllil'll
VOLJ Aim IIICHlmv NO'l'WIJi:I> '1'0 I;'II.~: A WHI'lvJ'Jo:N ImHI'ONHE '('0 'I'IIE
gNCLOH~~1> NI~W MNIYJ'lm WI'I'IIIN 'I'WgNTY I:.!O) nAYH Iq{()M HlmVICF: IlElUiOF OR
A .IlJDOMI!:N'I' MAY 1m I!lN'I'lmlm AOAINS'I' YOU,
AND NOW, CUnll'H till' l>ufl'llllllntH, Alhmt Fnlllhl'olll(h IInd Hunlluwul' CII....il!l.H, Inc"
by thul,,"UornuYH, MAIt'I'SON, ImAHnOItFI", WILLIAMS & O'lvl'O nnu IllH'uhy I'l!HpUnUJ to
Plllinun'H CUlllpluint IIH folluwH:
1.11. Aftl!l' l'l'IIHunllblu inwHUUlltiun, tIll' IInHwm'inu DI!f'~IIl)unt.H 111'0 without
knowludUl! or info"IllIlUun Huflldl!llt tu fUl'lll1l1mlil'f IIH tAl thu truth UI' flltHlty llf thullvcrllluntll
contllinuu in theHe plll'IlW'lIphH, 'rIll! IIWl'muntH III'U thl!l'efo...! dl!Onll!u donied IInd pl'oof is
dlllllllndml.
6-7, Admitt.'u,
Il. Adllliltl!d hllHmlun Inliu'llllltillu "ucl!ivml.
fl, Aurnittml.
10, Admiltml.
L 1. Adlllitt.!u hllHed on infurnlllUun ...'ceiveu.
II!, Au III i ttml.
1:1. It iH IIdlllittm) un In' IIhUllt MIII'ch Iii, Ifl9:1. ul upp..oxilllutely 10:00 a.Ill.. the
vehicle UPl!I'utml hy 1ll!f'I'l1dlUlt Shuwn l'it!I'Cl! WIIll trnwHnj.( lll!hinu tllll trncto.. tmile.. opernt.!u
hy Defenuunt Allll!l't 1,'lIlllhl'llugh. ItlH fUl'tlll'l' IIdllliltt!u thllt thu two vehidl!H upproucheu u
uiHllblml vl!hidl! inthl! l!!It 1!IIHthounu hllll! uf 1.7li lmd IIttelllptmlto go u..ounu it, It iH uUllied
thut buth vehidl!H wort! truvolilll( too fnHt iiiI' I'ollll cunditionH, ')'u the contrn..y, Dufunuunt
1~'lmbrllU/lh Willi lIJllll'IlLlIIll' hill vlIhiclo lit II Hllllml thllt WIIH IlrlllJCl' IIl1d rOl\lIol1l1blo fill'
Clllldit!tlllH IIH thoy oxiHtmllltthllt L1111o,
l~, Admillllll,
(I), It iH doulmlthllt Ilolimduutll Allwrt li'lIlllbrllugh ulld HUIIIIIIWOI' Clll'l'lol'lI, IIlC,
WO\'l1 nUll'liUllul. AJi lA/tilL' rllllllliulull' IIVlt/'IllIlUll! lIf thlH 11II1'IIll'l'IlJlh, till! IIUliwol111g Dofulldl1l1ll!
lll'O wllhllutlmllwlmlgo lIr infllnllllLioll lIufIlcillnt tll lilrlll II hllliuf UII to tho lI'uth Ill' fllllllty,
1'hu IIVOI'lllOlltli 11I'11 thu\'llfo...! dmlll1l!d dOIlII.d ulld Jlroof III dOlllundml.
COUN'I' I
1lI'lldrll\'lIB..tchllr v, Hhuwll PillrCll
LO-2/l, Thu IIVUl'llllmll! llf lIwlil! PIlI'llll'I'IIJlhli ...~fl!l' to II Jllllty othur thlln tho Illlllworilli
Dofondllntli IIlld thoro/ilro Illl l'llHpOIlHII ill 1'l!'1uirod,
~
Bl'Ildfllrd 1I1!leher v, Huhol'! YlIIll1l1o
26-36, Tho IIVCl'IllI!llll! of tlWIIl' 11IU'IIll'I'IIJlhH rof'!r to II Jlllrty uthor thllll tho IlllllWllrllli
Dofendllntli IInrl tllol'l.foro no l'OHI)I)nll[. III 1'l!'1ul\'l!d,
QQUNT III
Brudfonl Blllehlll' v, Alhlll'! Jlllml/l'llllllh
:\7, 1'ho 11V1II'IlHlIltll of JlIlI'II1f1'lIphli 1 throull'h 1/i of thlll Allllwel' lire hel'eby
lncol'llllmted hy refe\'l!llCo,
38, Donil'd, '1'0 tho contl'llry, Ll,'fl!llllllllt AIIJl>rt Jllllllhr<Hlllh WIIB nllt negligent. nor
did he ClIlllin uny injuriell Ill' dlllllllgOIl to till! Plllinliflk By WilY uf further rOJlly, it ill denied
thut DlIfendllnt Alhert Jlllmhrough nl!gllgontly:
(II) fllUod to 1m 1'l!lIl1llllllhly diligent to ohll[ll'vO tilL' dilillhh!d vohiclo in the
Il!ft 111110 of 1-70 IInd thl! vehicll' in which PllllnWr, IIl'11dfurd Belchm',
WUIIII plllillellgl!l':
(b) 1'111 led to oJlm'uto hill vohiclo lit II rellllOllllhll! IIJ1I'I!d IInd under Buch
control 1111 to ho uhll! to IItOP within tho III1I1U\'l'd cll!lII' dilltllnce llhelld;
lc) fllilod to oJlOl'lltl! hill vohicll! unrll!l' proJlol'lIlld udl!'1ulIll! control in order
tll rOlletto the diBnbllld vehicle In till! leftlnlle in timo tll JlUllli it Bllfely
ill the right:
(d) faUod to Illnilltnin prOpl!r und nde'lullto Obllol'vnlion of the traffic
conditiollli tlll!1l IIlld thoi'll l!xiliting; IIlld
Ie) lhilod to l!xercilie rellllllllnbll! ClIl'e in till! Olll!rulion lllld control of hill vehicle,
:111.40, It III doniod thnt Dolill\dnnt Albort li'lImbrollgh WUII nogHgont. All to tho
l'olllllinlngllvUI'lIIontll of thollo 1l1ll'U1lI'lIllhll, thu IInllw'lI'ing J)ufundunt ill without knowlodgo
(lI' Inlhrmutlon lIumciunt UI flll'm II Iwlluf 1111 to tho truth or Iillllity, 'l'ho IIvormontll (11'0
Lhoroflll'o duonllld dunimllllul prllllflll dOlllundllll.
WIIEHlWOHl~, J)ufundllnt AHll!rt 1"lIlllhmlluh dOlllllllll1l jlldUlllnunt in hill fllvor IInd
dl II III 1111111 1 of thu PluintlClil' COlllplulnt with In'lljlldk,',
COlJN'I'IV
Brudfonl Bulch!!I' v, Hunllow"I' CIIITlol'II. Inc,
47. 'I'hu Uvul'lllonlllof Ilnl'llul'llphll Ithrolluh Iii IInd :17 throullh 46 of thlll Anllwor
with New Muttel' IU'U hlll'uby incoqllll'lltml by I'llfilruncu,
48, Adlllitted,
49, It ill deniud tllllt Dnli!lldllnt Hunllownr Cllrriurll, Inc, und itll IIl1entll, lIorvllntll,
111111/01' nlllllloyenll wenl 1ll'Il'Hgllntor clIl'el"1I1I in IIIlY of till' relllluclll lIlIull'ud by PllllntifTa, By
WilY of further rUJlly. It ill (h!lli,~d thllt J)nfl!lldllnt Hunllownr CIIITierll, Inc, 01' Ita IIl1ent
negHgently:
(a) flllled to he n!llllollllbly diligent to olllll!l'vuthll dillllbled vehicle in thel'ln
hlllo of I.71l1lnd tll(! whlcleln which PllIinllfT, Bmdford Belcher, WlllllI
Jlllllllongul';
(b) flllled to opemte his v.!hicl'l lit II rUllllonllbln IIpned IInd under lIuch
control 1111 to II<! lib Ie to IItOp within till! IIl1l1ured clmU' dilltllnce lIhelld;
(e) fllllnd to opnmte hill Vl!hiclll undUl' pmper IInd IIde'lUllte control hI order
to react to the dillllbled vehicle in the left 11ll1e in tlmn to pllllll it sufely
in the right;
(d) flllled to IIIl1intuin proper IInd IUJUI)UIIU! obllervution of the tmffic
eonditlonll thenllnd there exiRtinll': und
(e) flllled to exercille rellsonllble cnre in the Oplll'lltion und control of his vehicle,
50.57, It is denied thllt Defendllnt Sunflownr ClIrrinrll. Inc, wllllnegHll'ent, All to the
remaining llvermentll of thellu plll'llI!'J'lIpbs, the lInllwnring Defendllllt III without knowledge
or Infonnlltion lIuflicient to f01'1ll II belinI' lIlI to the truth or flllllity, Tho llvermcnts lire
therefore deemed denied lInd proof ill demllnded,
WHEREFORE, Defendllnt Hunll'Jwol' Cllrrlers, Inc, denlllllds judllement In hlN f'lvllr,
Illld dlslllisslll of tho Pllllnllffs' COlllpllllnt with prlljudico,
COUN'I' V
(JIIIII YIIIll'lIo y, Shllwn Pierco
1111.67, 'I'ho IIYOI'IlIIIll111 of thl's" 11IlI'II1lrnphs r"fl!l' to II 1IIII'ty llthol' thlln tho IlllswQrhlll
Dofondllllts, lwd thol'llfor" 1111 1'L'SllllllSI' Is I'l!llulrml,
COUN'I'VI
QUill YlIIwllo y, Hobm'l YIIllollo
68.79, Tho IIY'!I'I)Wnlllllf th,'s" pllrnurnphs l',!rill' Ul II pllrt.y lIther thlln the IUlswerlnll
Defelldllnts, IIlld themferl! nil "l!sponsl! is I'IHlulrod,
COUNT VJl
ii.u.lli..YIIIll!lIo y, AlbUl'll~lIl1llJl'l)ulll}
110, 'I'ho IIYl!rllll!llts Ill' IlllI'lIllrnphs I throullh 70 Ill' this Answer lire hereby
Incorpomtud by rofuronce,
81. Denied, '1'0 tlw contrlll'y, tlw Dufulldllnt Albert l~lIn1broul!h WIlS not negligent,
nor did ho clluse IWY inJul'iI!S or dllmllgl!s tll till! Pllllnllffs, By WilY of further reply, It is
denied thllt Defendllnt Albert Fllmhroullh 1ll!lllilll!llt1y:
(II) flllled to he relidonllbly dilill11l1t to obsel'Yl! tlw disllbl,!d yehiclo in tho
left lnne uf 1-7(; IInd till! vl!hlcl,! ill which PllllntHT, Bmdford ReIchel',
WIlB n pllSBl!llgUl'j
(bl fllllud to opernte his whlcle lit II n!llsonllhlo spl!ed lllld ullde)' Buch
contl'olllB to be nble to stop within the IIssured cll!nr distnnco nhelldj
(c) flliled to opernte his vehicll! undl.r prupl!l' IIlld lUbluntl! cOlltrol in order
to renct to the disllbled Yl]hicll! III till! luft llllle in timu to pllSS It snfuly
in the l'ightj
(d) fllilod to nlllintllin proper IIlld IIdl!'lullto olJHervntion of tho trnffic
conditiolls then nlld thl!l'o oxistinllj 111)(1
(e) fnlled to exercise l'ellSOllllbll] CIII'I' in till! Opl!mtion nnd control of hiB yehlcle,
82.89, It is denied thllt Dl!felldllnt Albert 1~lImbrough WIIS negligent, AB to the
remllining nverml1nts of tlll!sl1 Illll'lIlll'lIphs, till! IIllswl!I'illll Def11l1dllllt is without knowledge
or informlltion sufficient to form II 11I.lIof liS to tho truth or flllsity, 'l'hl1 nvorlllents Iue
therefore deemed dl1nit!d IInd proof is domnlldml.
WHERE~'OHl~, Defendllnl Alllul'lI~lImhroullh dunlllllds judlComont In his fllvur, lind
dlsmlss!11 of tho PlllinUffs' COlllplllinl wilh pl'ojudieo,
COLJN'I' VIII
GIIIIII Vllllt'lIu v, Hunf1uwl'l' <:ul'I'lul's. Ine,
110, 'I'lll' IIVOl'llll'nts ,If Plll'lIUTllphs 1 thl'nul/h HII nf this Answul' 111'0 hOl'llh.v
Ineorpurnlod by l'ofol'l!llcu,
Ill. Adll1illod.
112-411. It is deniod lhlll Dofl1l11lllnt HUlIlluwlll' Curriers, Ine, IIl1d ils ullont.s, sOI'Vllnls,
IInd/ol' employOl~s WOI'l! lIol/lIgontul' cllruh!ss in uny of the l'uspoelli 1I1hllll!d by PlllinUllil. By
WilY of fUl'thol' l'oply, It is doniod thllttho D,!fmlllnntol' its ngonllll'gllllonlly:
(II) fllllud lu Ill! l'l!lISUllllbly dlligollttu ubsol'vO tho diSllbh!d vohiclo In lhu
h1ft limo of 1-71lulld tho vuhlclo in which PlnlnllfT, Bl'lldfUl'tJ Uoleher,
WIIS n pnSS'lIIl,(lll';
(ll) flllled to opul'IIll! his vohicl.. nt II I'l!llsunnbh! Slll'l!ll nlld undol' such
cUlltrollls to b.! lIul.1 tu stup withill till' nssul'ml ehlnl' dlstnnce nhond;
(c) fulled to opornto his vohiclo unuol' pl'UpOl' IInu nu.!"u',llo ellntl'ollllUl'del'
tu relict tu lhe disllblml v.!hlclu ill UIl! 1.lflllUll' in lilllo tllllllSS it snfely
ill lhe right;
(d) fnllud to mllintllill pl'UPl!l' 1U1l1 nUI!llllnll' UhSOl'VlltiulI uf tho trnffic
cunuiUuns Uwn nnd thm'o oxisUnl/; nllu
(e) fnlled to oxol'cise l'OllSOllllblo elll'!! ill tho UPl!l'llliun 1I1lU Clllltl'oluf hia vohlcle,
93-100 It Is deniou thllt Defolldllllt Hllllf1owor ClIl'riors, Inc. WIIS lIogligenl, As t.o tha
remaining uvel'mollla uf thoso 11Ilrnb"l'llphs, tho IIl1swel'ing Dofl!lldnlltls withuut knowledge
or illformnlion sufficillllt to furm n belief ns tu tho lruth 01' flllsity. 'rho IIverments lIre
lherefure deemeu denied II lid pruof is uelllnllu!!d.
WHEREFORE, Defondnlll Sunl1uwor CluTiers, Ine, uelllnnds juullolllenl In his fllVor,
llnd dlamisslllof the Plnlntiffs' Complllinl with prnjudico.
QillN'r IX
Eric HlIl'Kl v. Hhnwn Piorco
101-1011, The IIverments of theKo pnrngrllphs refer lo plll'llea olher than the
answering Defelluanta, IInu thorefOl'o nu I'l!Kpons.! is required,
COlIN'!, X
El'lc lIurst v, Hllblll,t VIII/ullu
110-1111, 1'hu UVI"'IIlIlUtH III' tl\llHIl 11I1I'UIl1'llphs I'ufu.' to plll'l.IUH othor thtlll the
,uIHwerinll' [)ulillll.lllllt, 1II1IIthlll'1I1ill'1I UII J'l'HII"UHIl iH 1'l!lIUit'lld,
COUNt!' XI
I'll'lc IIl11'st v, Alhlll'tl~ulIllll'oullh
1:10, 'rhu UVUl'JlllIUts or IJllrnurnpha t thmlluh II1l of thia Auawer Ilre hOl'uby
lucorpol'lltud hy "UfUl'lIllClI,
I:.! 1. Duuh!d, 'I'otl\ll cllutrnry, Ill'limduut Alhl!l'tl;'uJllhl'lllluh wlla uot uugligent, uor
did hu cllUauuuy lujlll'll!a Ill' dUJIIUgllS to till! I'hliutHfH, By wuy or rUl'tlll!1' I'uply, it ia duuied
thllt [)ufundunt Alhlllt 1"IIl11hroullh ul!llliglllltly:
(11) fllllud to hl! l'l!llSllllubly dHiIll!lIt to ohsl!rvl! till! dlsuhll!d vl!hlcll! In the
loft 111110 01' 1-70 ulld thl! Vllhicll! in which l'luilltiff, Brndfol'll Belcher,
WlIS UPUSSOlIlll!l'j
(ll) fullod tu OPl!I'lltu his vuhlcll! ut U 1'l!llSUnuhlu s(luud und undm' such
conll'olus to Ill! ulllo tu stup Within till! UKsUI'l!l1 clUIH' dlstllllCl! uhulld;
(c) fllllud tu oplll'uhl his vl!hldl' Ulldl!l' IIm(ll!1' 11Ilt! udl!'1uutl! control In order
tu I'ellcl to thll dlsuhlml Vl!hicll! in thl! Il!fl hllll! ill llnll! to (lnes It ellfoly
In tho right;
(d) fliilud tu JIIullltnin pru(ll!l' IIl1d ndu(IUnlu ubKel'vntion uf tho traffic
condltiuns tlll!n und thoro l!xistlng; nnd
(e) failed tu l!xel'cisll 1'l!IIKOIIUhlll Clll'e in till! upIJl'lltion nnd control uf his vehicle,
122.1:.!8, It Is dOlllml tlHlt Dl!fulldllnt Alhel't Fllmbl'ough wile lll!gligont, As to the
rllml\inlnu nverJllonts of thoso 11III'I\ll1'Il\lhs, till! Ill1liWl,ring Dofelldllllt ie without knowledge
or informntion sulllcient tu fOI'JII n belief IlH to the truth III' flllslty, The Ilvermenta are
theroforo doemed deniod Ilnd 11I'uof iH d<!lllllndml.
WHEREFOHE, Defondllnt Alhel't I~nlllbl'ough delllllndH judgement in hia favor, lind
diRllliaanl uf the Plllllltlffa' CUlllplnlnt with (ll'ejudice,
129,
reference,
1:10, Admittod.
COUN'l' Xli
Eric lIlJrst v. Sunnower Curriers. Inc.
The nvcrmOIlUl of Illlrlllll'lIJlhs L thl'uullh B!R lira horoby IlIcorporntod by
J:ll. Itl~ doniod thllt Dul''Ildllnt Hunllowlll' Cllrrillr~, Inc, IInd It~ 1I/l0Ilts, sel'VIUlts.
III1d/ol' omllluyoo~ wonl 11lIglllluntlJl' cllruh!~~ in IIny uf th,! n!~JlL!CUl IIllugud by PlllinUIT~, By
WilY of furthor ruply, it i~ d,mimltllllttlw D,!I,mdllnllJl' il~ IIg<mlllllllllgunlly:
(II) fllllud to bo ..ulIsonllhly diHlllHlttl) l)b~u"vL! thu disllblml vuhlclu in thL!
101\ ItIlJO of 1-71l IInd till.' vllhicl,! In which 1'llIlntilT, l\rlldeul'd Bulcllll\',
WIIS II p"HHongo..:
(b) fllllod to OpOl'llto hiH vuhiclu lit II rOIlHonllhlu ~llu<ld IInd undUl' Huch
cont..olllH tu hl! IIbllltll HtOp withlll thu IIHHumd clollr diHtllnC'! IlhOlld:
(c) fllllod tllopm'lItu hiH vohiclu undor prop<'.. 1Il\lllldmlulltu cuntl'ulln ul'de..
to ..OIlCt to t.ho diHllbll.d VlIhiclo ill till. lL!ft IlIllll in tilllo to 11IlHH it sllfely
inthel'lght:
(d) flllled tll nlllintllin pl'Upll" IInd IIdoqUlltll ObH<~"vlltlon I,f thL! trnffic
cunditlonH thonllnd tllllrllllxiating: IUld
(e) fllllod to exe..ciHo I'oll~onllulu Cill'O ill thl! opel'lltion IInd cont..oluf hl~ vehicle,
1:12-1:18. It i~ doniod thlll DI!fondlUll HunllowL'l' CI\ITim1i, Inc, WII~ negligent, All
to tho ..emllininll' IIVOI'Ill,mt~ of tho~o plll'llgruph~, th" IIn~wllrillll' Doflmdllnt ,~ without
knowledge 0.. Infol'lnlltllln ~uffident tu form II belh.f Il~ to tlllltl'uth III' flll~ity. 'I'he IWl!I'nlenll:l
lire the..efore deemed dlHllod IUld p..oof i~ d'lnllIIHllld,
WHEHEI<Orm, Defendllnt. Hunllowe.. ClIl'rill..~, Inc. dl\nlllnd~ judgelllent in hi~ fllvor,
IInd di~nli~~lllof the PlllintlffH' Cllmpllllnt wit.h pl'eJudicll.
NEW MATI'EH
J:l9, PlllintllTH' injuril'H IInd dlllllllge~, if lillY, WI.I'LJ clluHed In whuleul' in pllrt by their
voluntllry 1I~~unlption of thl. ri~k.
140. PlllintllTs' illjurie~ IInd dlllllllges, If IUlY, we..o clm~ed uy their contributory or
comp"rlltivenogligence.
141. PhtintHTR' h~urios 1I11d/or dllnllll/UR. if Imy, lu'e Iml'l'ud ur ruducud by tho Wl'nlR
III' tho POllllRylvllIlill Moto.' Vuhiclu l~iullncllll HusllllllsilJility LIIW,
14:.1, 1'llIllltilTR' hlJlIrills IInd/ol' dllnllll/IIS, If lillY, Wlll'lI clluHud In whululll' Inpllrt by
thu llUllHl/UllCU of plll'R'llIR nol 11I'uHuntly PIII'lIIlH to IhiH HIIl/lltion,
m:;W MA'lvI'Jm I'lJHHlJAN'I' P,A,H,C,I'. 221i:.llDI
AllJurt 1"lInlbl'llullh IInd l:!uul1owur Cllntl'rH, Inc. v. Hhllwn I'iurcu IInd Hoburt YllllUlIo
14:1, If PllliuWl'H IIru l!nlitlml to rocoVllr 1'1'011I IIny pllrty which is oxprusRly duniud,
thulI tho I'Ollllllnilll/ co.1 h!I'uudllnUl Ill'l. IIhull! Hllhlu to PllliulifTH or Hllblo ovor to A1IJort
FllInlll'uulIh lIud l:!unl1ow,'r Cllrrll'l'H, luc, hy WilY of cuutrlhlltioullnd/or indulllnity 01' thuy llro
jointly IlI\d/or Hllvurnlly Hllhlo to Plllinliflil un IIccount of thllil' owu uugHgcncu, gl'ORR
nlll/Hgencu, rcckll>HRIIllSS. lind/or otlwr Hllhllity pl'oduclnl/ cOlllluct IIH IIllul/ed in tho plelldingR,
144, If Alhortl"llInbroullh IInd Sunl1owul' ClIlTil!I'H, Inc. Ill'll found 1illIJle to PlllinlifTs
which lillhilitieH IIrll l!Xpr~sHly donied, ttwII' lillhiHty is Hecondllry IInd pllHHiv,' to thulillhllity
of the othur co.DefmHlllnls whoso Hllbility Is Prlllllll',y IInd IIclive,
WB"~HEFOHI~, Albert FllInhl'oullh IInd Sunl1owor CllrrlOrS, Inc. delllllnd judllulllenl
Ilgllil1Bt 1111 other co.Doflmdllnls for 1111 SUIllS Ihllt IllIlY Ill! judlll!llllgllinst thelll in fllVOI' of
PllllntilTHi 01' in till! 11llm'nlltivo, denllUld judlll'lll(!l1t IIllllinst 1111 otlll!r co.Dofendllnl.s for
contribution lind/or indelllnity for the IIpproprillle [Jllrt of tho 1I1ll0lllltof dlllllllges IInd COStH
I.lwnrded to PluintilTs, if IIny,
MART8~~ARnORF'
By: .
George B, FI !I', .JI'" Esquire
Ten Ellst High Stnwt
CurHBle. PA 170l:!
(717) 24:3.3:341
Attorneys for Defendunts
Albert FlIlllbrough IInd
Sunflower Curriers. Inc,
Date: OCtober 6, 1994
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BRADFORD BELCHER, GALA
VAGELLO, and ERIC HARST,
Plaintiffs
IN THE COURT or COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSVLVANIA
v.
CIVIL ACTION - [JAW
SHAWN PIERCE, ROBERT YAGELLO,
ALBERT FAMBROUGH, and
SUNFLOWER CARRIERS, INC.,
Oefendants
NO. 94-4530
JURY TRIAL DEMANDED
liliIDillB
AND NOW, comes the defendant, Shawn pierce, by his
attorneys, FOWler, Addams, Shughart & Rundle, and makes the
tollowing answer to the plaintiffs' complaint!
1-9. Admitted.
10. Denied as stated. There was a light mixture of snow
and rain, and some slush on the roadway.
11-12. Admitted,
13. Denied, The tractor trailer applied its brakes and
slowed down. Defendant Pierce moved to the right lane and slowed
down, but the tractor trailer then moved to the right lane and
the right rear of the trailer collided with the left front side
of the van operated by Pierce,
14. Deniod. The answer to Paragraph 13 is incorporated
herein by reference.
15. The conclusion of law is denied.
COUNT I
BRADFORD BELCHER v. SHAWN PIERCE
16. The answers to Paragraphs 1-15 are inoorporated herein
by reterence.
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