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Home My WebLink About94-05728 I . I ~ ! i l .() :".t/ 1.0 8.- J " . ~ >-- (,.. S -::x: ''''''. ""-"\ , , i / J J ()o! rei ('-- f lI)l I 1 -:r1 0- ! / tJ' ~1 \ "" 'j- -:r ~~~ IX) en l") <:::> . os:: .0 ~ "",.. ~ m - o:J ~ - -::r 0 e. i <::i .>;;;) \,,) :\\ \ . 11'l ~ ..t') ~ ~J - ~ ~ W = < - Z U'l< <> u.J -' -' >- 0. U'l Z Z Z C> u.J EO. o U V> l.U '" "" o l.U '" . :> u Z . ->- o V> 0:> ~<!l ""- 00:> "- ZV> UJ- >0:> <0 cO:> I- Z - < -' 0. lE o U c.!!+iS! A;~~ 5ii~ 1~ ~a:u.~ ~ 3:..;!:a! ;:; 5o~al ;; i:2!!J <:l",a: zSl~ <l:,,:r: .... c '" ... ....... c: .c '" ....... -0 -0 c: ....... OJ .... .... OJ Q .... .... <.. >-< I- -' u.. Z o => I o l-UZ "" 0 => 0- ...J OZ~ <C uc(u - -'<C "" u.J '" I- :J: w-' ....... 00- >- :1:> .0::: z :=>_O::=J _ UU'Zr"') Cl W Cl Z < ::E: u.J Cl '" ~ . "- >- "" Z l.U :I: . . . ... h.! 'iJ,'j"" .....,... ~"1' l. '," ". v. J IN THB COURT or COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I NO. : : : GEORGB S. HENRY, Plaintiff DAVENPORT'S INC. t/d/b/a BOB'S BIG BOY, Defendant JURY TRIAL DEMANDED RO'1'ICIA La han demandado a usted en 1a corte. 8i usted quiere defenderse de estas demandas expuestas en las pagina. suqnuiente., usted tien. viente (20) dias de p1azo a1 partir de 1a fecha de 1a demanda y la notificacion. Usted debe presentar una aparieneia eserita 0 en persona 0 por abogado y archivar en 1a corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que 8i usted no se defiende, 1& corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cua1quier queja 0 a1ivio que es pedido en la petioion de demanda. Usted puede perder dinero 0 sua propiedades 0 otros dereohos importantes para usted. LLEVE ESTA OEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENI ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUYA D1RECCION 5E ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR ASISTENCIA LEGAL. Court Administrator cumberland County Courthouse - 4th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 GEORGB S. HIDIRY, J IN TUB COURT or COMMON PLEAS : CtlMBUI..AND COUNTY, PENNSYLVANIA Plaintiff : I CIVIL ACTION - LAW v. . . . NO, . DAVENPORT'S INC. t/d/b/a . . B08'S BIG BOY, . . I Detendant . JURY TRIAL DEMANDED . C 0 K . L A I . ~ 1. PlaintHt George S. Henry is an adult individual and citizen ot the Commonwealth ot Pennsylvania residing at 2029 Derry Street, HarriSburg, Dauphin County, Pennsylvania. 2. Detendant Davenport's Inc, is a Pennsylvania corporation with a corporate address is 1300 Marke.t street, Lemoyn., CUmberland County, Pennsylvania. 3. The tacts and occurrences hereinatter related took place on or about March 6, 1994 at approximately 1:00 a,!D. on the premises ot Bob's Big Boy restaurant on Route 11/15 in Enola, CUmberland County, Pennsylvania, 4. Detendant Davenport's Inc. was the owner, operator, and manager ot the ftforesaid Bob's Big Boy Restaurant. 5. Detendant Davenport's Inc., as owner and manager ot Bob'. Big Boy, has a duty to provide its business invitees with a sate place to eat, walk, etc. 5~6~5/8HL 6. At that time and place, plaintiff lJeorqe S. Henry had entered the premi... of the 80b'. 8ig 80y restaurant with the intention of getting something to eat within the restaurant. 7. At that time and place, Plaintiff George S. Henry was walking across the parking lot of the 80b's Big BOy restaurant. Aa h_ proceeded on the macadam outside the restaurant toward the entrance, he slipped and fell on the macadam. 8. Plaintiff George S. Henry slipped and tell on the parking lot of Bob's Big Boy because the Defendant allowed ice to accumulate on the parking lot. 9. At that time and place, P1alntiff George S. Henry fell to the ground and experienced severe pain to his left leg. 10. Immediately thereafter, Plaintiff George S. Henry was transported by ambulance to the Harrisburg Hospital for treatment for painful and severe injuries, which include, but are not limited to, a spiral fracture of the left femur which required surgical repair. n. The aforesald fall and the resulting injuries were caused by the wantonness, carelessness, recklessness, and negligence of Defendant Davenport's Inc. in failing to properly maintain and inspect its premises as follows: (a) failing to properly maintain the premises by allowing ice to form and remain unguarded in an area used by business invitees; 2 (b) (0) (eI) (e) (f) failing to adequately apply ..It onto ioe on the pr_iaee in an area heavily traveled by busine.. invitee., failing to properly inspeot the premiae. to determine vhether there vas any ioe on the parking lot whioh woulel po.. a hazarel to business invitees; failing to quard against ice forming on the premi.e. of whioh Defendant was or should have been aware; failing to properly warn business invitee. of the ioe and of the possibility of Slipping and falling on the ioe, failing to take proper measures for the elimination of ice on the premises; and (g) failing to exercise the care that a land owner owes to business invitees utilizing the premises for their intended purposes; 12. By reason of the aforesaid injuries sustained by the plaintiff George S, Henry, he was forced to incur liability for medical treatment, medications, hospitalizations, therapy, and similar expenses in an effort to restore himself to health, and claim is made therefore. 13. Because of the nature of his injuries, Plaintiff George s. Henry has been ad.vised, and therefore avers, that he lIIay be forced to incur similar medical expenses in the future, and clai. is made therefor. 14. As a result of the aforementioned injuries, Plaintiff George S. Henry has undergone and in the future will undergo great physical and mental pain and SUffering, great inconvenience in 3 carrying out hi. daily activitie., and 108s ot lite'. plea.ure. and enjoyment, and claim is made theretor. 15. As a result ot the aforementioned injuries, plaintitt George S. Henry has been and in the tuture will be SUbject to great humiliation and embarrassment, and claim is made theretor. 16. Plaintift George S, Henry continues to be plagued by persistent pain and limitation, and therefore, avers that his injuries may be ot a permanent nature, causing residual problems tor the remainder ot his lifetime, and claim is made therefor. 17. As a result of the aforesaid accident, P1aintitt George s. Henry has sustained scars which will result in a permanent disfigurement, and claim is made therefor. WHEREFORE, Plaintiff George S. Henry demands judgment against Defendant Davenport's Inc, t/d/b/a Bob's Big Boy in an amount in excess of Twenty Thousand Dollars ($20,000.00), exclusive ot interest and costs and in excess ot any juriSdictional amount requiring compulsory arbitration. . . R ck, Esqu re I. . 4503 North Front street HarriSburg, PA 17110 (717) 238-6791 Counsel tor Plaintiff Date: October 5, 1994 SHERIFF'S RETURN ~1li OF PENNSYLVANIA. COONI'Y OF Clt1BERLAND In the Court of Common Pleas of Cumberland County, Pennsylvania No. 94-5728 Civil Term Complaint in Civil Action Law and Notice George S. Henry VS Davenport's Inc. t/d/b/a Bob's Big Boy Wesley Cook , SiIIUl1lllt'X!t1l Deputy Sheriff of Curberland County, Pennsylvania, who being duly 8'i\Orn according to law, says, that he served the within Davenport's Inc. upon Bob t s Big Boy . Complaint in Civil Action Law and Notice t/d/b/a , the defendant, at 9: 27 o'clock A ,.M. t:ll'lX/ EDST, on the 13th day of October 1994 at , - 1100 Mrtrket Street, Lemoyne , CUnberland County, Pennsylvania, by handing to Kev in Ligh tner, Controller ~ a true and attested copy of the Complaint in Civil Action Law and Notice, and at the sarre time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sherif f 's COS ts : Docketing Service Affidavit Surcharge So answers I ~~~ 14.00 8.96 2.00 24.96 R. Thomas Kline, Sheriff Pd. by Atty. 10-14-94 by ~~ y C!'~ Dep Y Sheriff Sworn and subscribed to before me this ;0-0.. day of @&.'_ 19 q,( A,D, q..,,'c<- C. }l.~ ,"'A Prothonotary ...,.,. en ~~.. -t .'- '. ,.f "'J ". " ,.- .Jot to: 0'") ., ~. '" - U c..:J ~ .. ~~ ... ... .. ~ 0 I- i:: '" .. i ~ .. .. ! z .. Ii ~ oj ~f ~ 0 ~ . .. ~ .. 0 .. ~ '" 0 ~ ~ l~ z ~ '" . 0 . ... ~ GEORGE S. HENRY, plaintitf IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . v. : CIVIL ACTION - LAW . . DAVENPORT'S INC. t/d/b/a BOB'S BIG BOY, NO. 94-5728 CIVIL TERM Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY or APPEARANCE TO: Lawrence E. Welker, Prothonotary Please enter the appearance of David L. Schwalm, Esquire, of the law firm of Thomas, Thomas & Hafer on behalf of Defendant Davenport's Inc. t/d/b/a Bob's Big Boy in the above matter. DATED: lO()..e l~y THOMAS, THOMAS & HAFER ~ ~ G<~O BYu:v~hwa1m Esquire Attorneys for Defendant Davenport's Inc. t/d/b/a Bob's Big Boy 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 CIRTIlICAT! or SlaVICB I, David L. schwalm, Esquire, of the law ti11l1 of Thoma., Thoma. , Hater, attorneys tor Detendant Davenport's Inc. t/d/b/a Bob'. Big Boy do hereby certify that on this date I served the toregoing Praecipe for Entry of Appearance, by placing a true and correct copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Richard A. Sadlock, Esquire Angina' Rovner, P.C. 4503 North Front Street HarriSburg, PA 17110 DATED: Loll.8/.'ly THOMAS, THOMAS' HAFER '-- c-:;~ ~.~ ~_~ ~ Da~ld~~~ESqUire Attorneys for Defendant Davenport's Inc. t/d/b/a Bob's Big Boy 305 North Front Street P.O. Box 999 HarriSburg, PA 17108-0999 I ~ ~ .. '*J~ ... ... " a: .. 0 Ul E = ... .. " " l- I! Z " ~ t~ ~ .; 0 a: " ::> ci " Sl ~ Ul ~ ~ =" ~ ~ a: c I! g . ~ THOMAS. THOMAS. HAFER David L. Schwalm, Elqulre 305 North Front Str.et P,O. Box 999 Harrisburg. PA 17108-0999 (7171255-7643 (717) 237-7105 IFall) Attorney for Defendant GEORGE S. HENRY. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. NO, 94.5728 CIVIL TERM DAVENPORT'S INC,. tld/b/a BOB'S BIG BOY. Defendant CIVIL ACTION. LAW JURY TRIAL DEMANDED );..NoilC<i TO PLEAD ~ .'. iX>{.<~ To: PLAINTIFF and RICHARD A. SADLOCK, ESQUIRE, HIS ATTORNEY YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY 1201 DAYS OF SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. THOMAS. THOMAS. HAFER Date: \\11,/41( -----.. \.. -'.'-" / \ .....~ t. t <,00. ..~<.. c '__ DAVID L, SCHWALM, ESQUIRE 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG. PA 17108-0999 (717) 255-7643 GEORGE S. HENRY, Plaintiff IN THE COURT Of COMMON PLEAS CUMBERLJ.ND COUNTY PENNSYLVANIA v, NO. 94-5728 CIVIL TERM DAVENPORT'S INC., tld/b/a BOB'S BIG BOY. Defendent CIVIL ACTION - LAW JURY TRIAL DEMANDED '. .~: -:;.. . ANSWER AND NEW MATTER 0' DEFENDANT ... ..TO PI.AItmFF'S COl\llPJ.AINT .' ..; .~ i ~<<:t ~l ;\-<;,:,-, ,......,....-...'.,..... ._c...."','_' . -," ...........' .-_::;-;~::r-~';,'::;":,,:-,:; >.~ " .'.- AND NOW, Defendant Davenports,lnc" t/d/b/a Bob's Big Boy, by its attorneys, Thomas, Thomas & Hafer, flies its Answer and New Matter to Plaintiff's Complaint as follows: 1. Admitted, 2. Admitted. 3. Denied pursuant to Pa,R,C,P, 1029(8). 4. Admitted. 5, The averments of Paragraph 5 state conclusions of law to which no answer Is reql:ired under the applicable rules of civil procedure, 6. . 17, The averments of Paragraphs 6 through 17 are denied pursuant to Pa.R.C,P. 1029(e), WHEREFORE, Defendant Davenports, Inc" t/d/b/a Bob's Big Boy, respectfully request your Honorable Court to dismiss Plaintiff's Complaint without cost or judgment to them. ....... H .,. _~'.. ~..... ..-.. 90!H~;}:~'f;:/;,j,~v~~i;~i\f~1~\:, .: NEW MA1TIft,:;, ... 18, Plaintiff's injuries and damages, which are specifically denied, were not caused by any acts, omissions, or breaches of duty of Defendant, but were caused, in whole or In part, or were contributed to by the negligence, fault, or want of care of Plaintiff, 19, The contributory negligence of Plaintiff consisted of the following: a. He failed to observe the alleged conditions and circumstances; b. He failed to be attentive and watch where he was walking; c. He failed to exercise reasonable care and caution for his own well being under the circumstances; and d. He allowed himself to become intoxicated to a point that his judgment and ability to walk were impaired. 20, Plaintiff's cause of action is barred in whole or in part, or is reduced by virtue of the Pennsylvania Comparative Negligence Statute, 42 Pa.C.S.A. 11102, et seq., or by the Doctrine of Comparative Negligence. 21, Plaintiff assumed the risk of the Injuries allegedly sustained by him by reason of his own intentional conduct, 22, Plaintiff's injuries and damages, which are specifically denied, were not caused by any acts, omissions. or breaches of duty of Defendant. but were caused. in whole or in part, by persons for whom Defendant bears no responsibility. 23. No dangerous or unsafe condition existed on the property at the said time. 24, If any dangerous or unsafe condition existed. which is specifically denied, then Defendant had no actual or constructive notice of any such condition existing on the property at the said time, 25. If any dangerous or hazardous condition existed, which is specifically denied, Plaintiff had actual notice or knowledge of such condition, 26. Plaintiff failed to exercise his last clear chance to avoid the known or reasonable discoverable conditions to which he exposed himself, 27, Defendant's conduct was not a substantial factor in causing Plaintiff's Injuries and damages, If any, 28, Defendant Is relieved from liability, If any, because of the superseding conduct of other persons. WHEREFORE, Defendant Davenports, Inc., t/d/b/a Bob's Big Boy, respectfully reqllest your Honorable Court to dismiss Plaintiff's Complaint without cost or judgment to them, '- THOMAS. THOMAS & HAFER ---~~ DAVID L. SCHWALM. ESQUIRE 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108-0999 (7171 255-7643 ATTORNEY FOR DEFENDANT ',,-- D.t.:llh,l~~ CERTIFICATE OF SERVICE I, DAVID L. SCHWALM. ESQUIRE, of the law firm of THOMAS. THOMAS & HAFER hereby certify that on this day, I served a true and correct copy of the foregoing document on the following person(s) by placing the same In the United States Mall, postage prepaid. at Harrisburg, Pennsylvania, addressed as follows: Richard A. Sadlock, Esquire Anglno & Rovner. P.C. 4503 North Front Street Harrisburg, PA 17110 THOMAS. THOMAS & HAFER \ ~ VID L. SCHWALM, ESQUIRE Date: \\ \I'i\q'f was Plaintiff intoxicated or impai~ed. Plaintiff incorporates his Complaint herein by rflference. ~O. Defendant's averment is a conclusion of law to which no respond ve pleadinq is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, aa previously indicated herein, Plaintiff was not neq1iqent in any way. Therefore, the Pennsylvania Comparative Neq1iqence Act does not apply to the instant action. Further, all of Plaintiff's injuries and damaqes are recoverable in the instant action and are in no way reduced, 21. Defendant's averment is a conclusion of law to which no responsive pleadinq is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff did not assume the risk of his injuries. Further, as previously stated herein, Plaintiff was not neq1iqent or careless. All of Plaintiff's injuries and damaqes are recoverable in the instant action. 22. Defendant's averment is a conclusion of law to which no responsive pleadinq is required. To the extent the averment may be deemed factual, it is horeby specifically denied. By way of amplification, Defendant's averment lacks the specificity required by the Pennsylvania Rules of Civil Procedure. Further, all of Plaintiff's injuries and damaqes were caused solely and directly as . result of the negligence, carele..ne.s, wantonne.. and reckl...ne.. of the instant Defendant. 33. Defendant'. averment i. a conclu.ion of law to which no responaive pleading i. required. To the extent the averment lIay be deemed factual, it ill hereby specifically denied. By way of amplification, a dangerous and unsafe condition existed on the property at the said t.ime. Plaintiff incorporates hi. Complaint herein by reference. 34. Defendant's avarment is a conclusion of law to which no responsive pleading is requirad. To the extent the averment may be deemllld factual, it is heraby specifically denied. By way of amplification, Defendant had actual and/or constructive notice of the dangerous and unsafe condition that existed on its property at the time cf the accident referred to in Plaintiff'. Complaint. P1ailltiff incorporates his Complaint herein by reference. 35. Defendant's averment is a conclusion of law to which no responsive (I1eading is required. To the extent the averment lIay be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff had no notice or knowledge of any dangerous or hazardous condition existing on Defendant'. property. 36. Defendant's avarment is a conclusion of law to which no responsive pleading is required. To the extent the avenent lIay be deemed factual, it is hereby specifically denied. By way of amplification, Plaintitt exercised all rea.onable care in an ettort to proteot him.elt trom harm. 27. Detendant'. averment i. a conclusion ot law to which no responsive pleading is required. To the extent the averment may be deemed tactual, it is hereby epecitically denied. By way ot amplitication, Deflllndant'. conduct was a substantial factor in causing Plaintitt's injuries and damages. Plaintitt incorporate. his Complaint herein by reterence. 28. Detendant's averment is a conclusion ot law to which no responsi va pleading is required. To the extent the averment may be deemed factual, it is hereby spedUcally denied. By way ot amplification, Defendant is liable tor the injuries and damaqes IJustained by P1aintitt. There was no superseding conduct at other persona involved in the instant action, WHEREFORE, Pla1ntitt respectfully requests this Honorable Court to dismiss Detendant's Answer and New Matter and enter ANGINO , ROVNER, P.C. 2~ .......c - d A_.'od"ck, 'oquIn I.D. No. 47281 4503 North Front street Harrisburg, PA 17110 (717) :<138-6791 Counsel tor Plaintift judgment in his tavor against the Detendant. Date: December 5, 1994 ! t va:r:rIC!a.'l'IO. I, GIORGE S. HENRl, Plaintitt have read the toregoing .~~Irr" ..PLY TO ... MATT" and do .wear or attirm that the tact. .et torth in the toregoing are true and correct to the be.t ot my knowledge, intormation and beliet. I under.tand that this Verification ia made subject to the penalties ot 18 Pa.C.S.A., section 4904, relating to unsworn tal.ification to authoritie.. . It. ( ."..' rilf.'. .J' witn.... I , . I ':"'::(j~ '. . / / ti..~ J /).t .,.-) -.- G.orge S. Henry / Date: I /) J ..v1,/~ 53676/MLK