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"'a;a:" o "'0 ~.a~!i _ :50151 e ZZii! s!l$ Z.i! c( . .. SANDRA B. LUTZ and BARRY L. LUTZ, Her Husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. JURY TRIAL DEMANDED BRENDA SHANK, Defendant COM P L A I N T 1. Plaintiffs Sandra B. Lutz and Barry L. Lutz, citizens of the State of Pennsylvania, are husband and wife, adult individuals who reside at 918 Loring Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Brenda Shank is an adult individual, citizen of the Commonwealth of Pennsylvania, residing at 127 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about March 30, 1994, at approximately 7:00 p.m. on SR 2011 (West Marble Street) Mechanicsburg Borough, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Sandra Lutz was operating a 1991 Buick Regal eastbound on SR 2011 (West Marble Street). 5. At that time and place, Defendant Brenda Shank was operating a 1988 Chevrolet Cavalier, also in an eastbound direction 61B77/BHL on SR 2011 (West Marble street), directly behind Plaintiff Sandra Lutz. 6. At that time and place, Plaintiff Sandra Lutz brought her vehicle to a full and complete stop due to traffic backup from the stop sign at the intersection of SR 2011 (West Marble Street) with South Market Street. 7. At that time and place, Defendant Brenda Shank operated her vehicle at a high rate of speed and rearended Plaintiff's vehicle. 8. At that time and place, the right front portion of Defendant Shank's vehicle violently collided with the left rear portion of Plaintiff Lutz's vehicle with such force that Plaintiff Lutz could not prevent her car from being pushed forward and striking the rear portion of the vehicle in front of her. 9. At the time of the aforementioned accident, Defendant Brenda Shank was intoxicated with a blood alcohol content of .23\. 10. Defendant Shank's conduct of operating a vehicle while intoxicated constitutes outrageous conduct and a reckless indifference to the rights of other persons on the highway. 11. Defendant Shank knew or should have known that operating a motol vehicle while intoxicated created a high degree of risk to other persons on the roadway. 2 COUNT I Sandra B. Lutz and Barrv L. Lutz v. Brenda Shank 12. Paragraphs 1 through 11 of Plaintiffs' Complaint are incorporated herein by reference. 13. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Sandra B. Lutz and Barry L. Lutz are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Brenda Shank operated her motor vehicle as follows: (a) Failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; , (b) Failure to apply her brakes in sufficient time to avoid striking the Lutz vehicle; (c) Failure to travel at a safe speed; (d) Failure to keep a proper watch for traffic on the highway; (e) Failure to take reasonable evasive action to avoid the accident; (f) Failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which she was or should have been aware; (g) Failure to keep proper and adequate control over her vehicle; (h) Driving her vehicle while intoxicated; and 3 CLAIK I Sandra B. Lut. v. Brenda Shank 20. Paragraphs 1 through 19 of Plaintiffs' Complaint are incorporated herein by reference. 21. Plaintiff Sandra B. Lutz sustained painful and severe injuries which include, but are not limited to, neck and upper back pain and inflammation, severe and chronic headaches, paresthesia in the upper and lower extremity, light headedness, and dizziness. 22. By reason of the aforesaid injuries sustained by Plaintiff Sandra B. Lutz, she was forced to incur liability for medical treatment, medications, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 23. Because of the nature of her injuries, Plaintiff Sandra B. Lutz has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 24. As a result of the aforementioned injuries, Plaintiff Sandra B. Lutz has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 5 25. As a result of the aforesaid injuries, Plaintiff Sandra B. Lutz has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 26. Plaintiff Sandra B. Lutz continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 27. Plaintiff Sandra B. Lutz is entitled to recover punitive damages in addition to compensation dmaages as a result of Defendant Shank's willful, wanton, and outrageous couduct in operating her car when she was extremely intoxicated. WHEREFORE, Plaintiffs Sandra B. Lutz and Barry L. Lutz demand jUdgment against Defendant Brenda Shank in an amount in excess of Twenty Thousand Dollars ($20,000.00), exclusive of interest and costs and in excess of jurisdictional amount requiring compulsory arbitration, as well as an award for punitive damages. CLAZM :II Barrv L. Lutz v. Brenda Shank 2S. Paragraphs 1 through 27 of Plaintiffs' Complaint are incorporated herein by reference. 29. As a result of the aforementioned injuries sustained by his wife, Plaintiff Sandra B. Lutz, Plaintiff Barry L. Lutz has 6 been and may in the future be deprived of the care, companionship, consortium, and society of his wife, all of which will be to his great detriment, and claim is made therefor. 30. Plaintiff Barry L. Lutz is entitled to recover punitive damages in addition to compensation dmaages as a result of Defendant Shank's willful, wanton, and outrageous couduct in operating her car when she was extremely intoxicated. WHEREFORE, Plaintiffs Sandra B. Lutz and Barry L. Lutz demand judgment against Defendant Brenda Shank in an amount in excess of Twenty Thousand Dollars ($20,000.00), exclusive of interest and costs and in excess of jurisdictional amount requiring compulsory arbitration, as well as an award for punitive damages. Date: .!b J/1.JLo.~:J.tI, /qq5 Counsel for Plaintiffs MSCMANxeSaUAG. PA ~70SS , eUMa.tu:.......D , BHSRXrr'B ~U~ CABS NO. 1"8-01008 P COMMONWSALTH or PIlNNBYLVAN:J:A. COUNTY or CUMB.~D LU'1'~ .A.NDRA . SI'XI A.L VB. .HANK aR.IDNDA CUMB.~D county, penn.y1van~a, who be~n9 du1y .wo~n aaao~dLn9 DONA%.D MA."".A , 8h.c~rr O~ Deputy .he~~rr or to 1aw, gay., that he .eeved the w~th~n ~PYA%N~ the upon SHANIC BI\I:NDA da~.nd.nt, at 8138 HOURS, on the ~ day o~ Macah , 1'll at: 127 ROLO C:OUR!r c:oun~, p.nnlly1v.n~a, by hand~ng to KilN BHllrr:rIl:J:.D ADULtr %N ~RO" a true and atta.tad copy or the C:OMPYA%NfJ!I , and at tha .ama t1me d1Eaat~n9 M~. attant10n to the content. thaeao~. 8h.ci~~.. CO.tll. Docll:et:i.n9 .eev1ce Arr~d.v~t Surchac9. 18.00 &.16 .00 2.00 Bo an.waclIl <-;:!i:"""#~ :;"...: . '~ " . , . /:,0;,,:-;, l' ..-,-rf~.....;.,:....~~.." ,....... '_. ~ .., .....-.. .v R. ~homa. K11ne, 8hecirr . $26.16 M:J:CHAIl:J:. 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