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Home My WebLink About95-01741 ./' > ,'J' :\.:- '. ". .',', -, ", ~ -ti ..- (... cD . " .' .... .'. .' '- ...-.... '. ..' ,. "" .)~;.:,> .. . ." . :, " ';;' "c' u .'j,\~~,~: " ,', '. ". !!,.,~ . .' .':~JJf" , '. 'C'ki '. . ':: :". . ,. , . ,'" , , ."', " . ,,' . " , "" ,'. .' ".: //~;;: ". ".' '.:;. :::, " ''': .. i". ( " ." ." , " ,"', .::., , .. . . ,,' ", ,,:', .:.: J. . '.~,t;~" ",'. ':::'\:'~)~~~:{,r;;~;'''.tf ',';: ';':. "i?'..:, '<'" ,,'" : >" .. .:~ · <. ..,'.",(~},;,;ji\J": }:.::,',',:,'i.r . " ,".c.. '.-<.:' ,.... '.' ':,.',';.: ", ", .~. :"~~j , . ,',,' ':: : ~ '., ,., ,,':'. :"," h,",:' \...., ':ij;;. . .. ,":":':!: ";:?': c':': " ".'" ,: '.,' ,,:<;':''):: .,'. \:...J\.<',,<. "': . i,.,.;,.;: '. .":. .::'. . ::'.'''. .... '.,.,.t, ' . ""S; ,~. ",~;<:, ....,.. .. . t.::':' ': ~ . . .' "';'C;':'J: ";".", ,.... .,...." :,'- }.r" :.<, ':?';',' -:;, ',::' :::: ':,i;,:?, '<:.; '. '" ,,;:; .".; ".';;':;,' -, , .. 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".' . ~"', >';~; 'f: ',;";..'!;;}..;:....:; ,'.' . .;./ :,""':::,: ":'.)2/~';' -",._ ':;:? ,I, .:.',., ');;;::';;.':"'~:':.::. ,', ';~t ;~ ~;~~,~,- ',' ."" ~.,: ;;";: ;::;;,; . ,. " " . .. '..'., . ': ".'-" ()) e ~ ',;; ,'.":::<'^,, ;', tfl .~ - - - . - 3 . -7 ;,' ~ r-- J CJ - ':t- C- , , I j I - '<;-\".." "'(~;J' :7r:~ J ,.: ... '.", '. " , ~,. ,}~;~ ;'~(r\: .' ''i;c;,~;,t;~C}~d " ~ , ALLISON A. (NORDHARK) BRICKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW . . v. NO. 95-1741 WILLIAMS GROVE AMUSEMENTS, INC. d/~/a WILLIAMS GROVE AMUSEMENT PARK, . . Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 TELEPHONE (717) 240-6200 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 ostros derechos importantes para usted. ALLISON A. (NORDMARK) BRICKER, IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PA . plaintiff . . . CIVIL ACTION - LAW . v. . . . NO. . WILLIAMS GROVE AMUSEMENTS, INC. d/b/a WILLIAMS GROVE AMUSEMENT : PARK, . . Defendant JURY TRIAL DEMANDED , Ie I 'I COMPLAINT AND NOW, comes Plaintiff, Allison A. (Nordmark), by her undersigned counsel, and respectfully brings this Complaint, representing in support thereof as follows: 1. Plaintiff Allison A. Nordmark is an adult individual residing at 434 Judie Lane, pennsylvania. Lancaster, Lancaster County, 2. Defendant Williams Grove Amusements, Inc., is a corporate entity doing business as Williams Grove Amusement Park which has a principal place of business in Williams Grove, Cumberland county, Pennsylvania. 3. Defendant operates an amusement park open to the public at large. Among the rides it offers is a roller coaster ride. 4. On or about August 7, 1993, in the afternoon hours, Plaintiff was a paying customer at Williams Grove Amusement Park. 5. At the aforesaid date and time, Plaintiff was a properly admitted passenger on the roller coaster ride. 6. Passengers on the roller coaster ride are secured by means of a lap bar designed to lock into place to secure passengers on the ride. 7. At the above stated date and time, Plaintiff was seated in a passenger seat on the roller coaster ride and had the attendant pull down the lap bar to secure her. B. When the ride started, the lap bar became unsecured, failing to stay down in place. 9. As a result of the lap bar failing to stay in place, Plaintiff was bounced around severely on the ride. 10. As a result of the accident, Plaintiff suffered injuries to her lower back, including low back disc bulging, and muscle strains and sprains. 11. Plaintiff believes and therefore avers that the accident in question is the result of negligence of Defendant in that: A. It operated a dangerous instrumentality without proper inspections of the lap bar mechanisms, both routinely and when the roller coaster was being used. B. It operated a dangerous instrumentality when it knew or should have known that the instrumentality was safe to ride; C. It failed to provide any warnings or precautionary instructions indicating possible adverse consequences the ride or warning or advising that the ride may not be appropriate for all persons; D. It operated the ride in violation of state statutes and regulations for the safety of amusement riders. 12. As a result of the accident, Plaintiff suffered a bulging disc, resulting in pain throughout the entire lumbar and cervical area. 13. As a result of the accident, Plaintiff developed extreme back pain, starting in the low back and eventually spreading throughout the entire back area. It rendered her too painful to continue with her drive back from the amusement park to her home in the Lancaster area, necessitating that she stay in the Harrisburg area from Saturday evening until Monday. It also resulted in radiating pain down her left arm and left leg. Her pain continued through the following week, causing her to lose work during that following week and completely miss Monday and Friday of that week. 14. As a result of the accident, Plaintiff had to endure considerable pain and sUffering. She suffers pain from the effects of the ride today and will be enduring pain and suffering in the future. 15. As a result of the accident, Plaintiff lost work days and consequently lost the benefits of accumulated sick days. 16. As a result of the accident, Plaintiff incurred medical expenses including those medical expenses listed herein as Exhibit A and incorporated by reference herein. 17. The fair amount as claimed is in excess of the amount for compulsory arbitration in this County. ALLISON A. (NORDMARK) BRICKER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-1741 CIVIL TERM WILLIAMS GROVE AMUSEMENTS, INC.: d/b/a WILLIAMS GROVE AMUSEMENT PARK, CIVIL ACTION - LAW DEFENDANT JURY TRIAL DEMANDED ENTRY OP APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Williams Grove Amusements, Inc. d/b/a Williams Grove Amusement Park, in connection with the above-captioned case. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: q-.2./ - 'IS ,W J!rkQ 100 Pine Street - 4th Fl. P.O. Box 803 Harrisburg, PA 17108-0803 I.D. 52918 (717) 232-9323 BY: ATTORNEY POR DEPENDANT ALLISON A. (NORDMARK) BRICKER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-1741 CIVIL TERM WILLIAMS GROVE AMUSEMENTS, INC.: d/b/a WILLIAMS GROVE AMUSEMENT PARK, CIVIL ACTION - LAW DEFENDANT JURY TRIAL DEMANDED R U L E TO THE PLAINTIPF. ALLISON A. (NORDMARKI BRICKER I please file your Complaint in the above matter within twenty (20) days or suffer a judgment of Non Pros. N '>>;".'W1~.R E' tJu!6-t, /.:~~ "./J. ~62~ . '/nt J:" . ~E~ COUNTY PROTHO~ Y ~;/e:J~ /95'f D E ., CERTIPICATE OP SERVICE I, Robin Kae Nelson, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 21st day of April, 1995 served a copy of the foregoing document via Firat Class United States mail, postage prepaid as follows: Kenneth A. Wise, Esquire I.D. No. 16142 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 ATTORNEY FOR PLAINTIFF ~ :X.1I..-J^,~ ROBIN KAE NELSON ) ~ :i~ ~ ,",;,' 'Gl ~ ~~ J ..,., en ,... _ o/L1J-' :II:: ..f ;- a- "'-.J~-::;.~ ~ ~~: ~ ~j .::~, ("I") ~~::~~.~ ~.. g: ::L. \rj .,- .:>- ~~ f'\ ~ ~ ') ~\ - SHERIf"f"'S RETURN CASE NO: 1995-01741 P COMMONWEALTH Of" PENNSYLVANIA: COUNTY Of" CUMBERLAND BRICKER ALLISON A (NORDMARKl VS. WILLIAMS GROVE AMUSEMENTS INC STEVEN WHISTLER CUMBERLAND County, to law, says, that , Sheriff or Deputy Sheriff of Pennsylvania, who being duly sworn according he served the within WRIT Of" SUMMONS upon WILLIAMS GROVE AMUSEMENTS INC the defendant, at 920:00 HOURS, on the 10th day of April 1995 at WILLIAMS GROVE PARK ROAD WILLIAMS GROVE, PA 17055 . CUMBERLAND County, Pennsylvania, by handing to SALLY LOH. SECRETARY AND ADULT IN CHARGE a true and attested copy of the WRIT Of" SUMMONS and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.04 .00 2.00 So answr..GZ~~ ~ ~ R. Thomas Kline, Sher $25.04 KENNETH WISE 04/12/1995 bY~ \~ I eepu y er1f1 Sworn and subscribed to before me this .Je<ri;. 19 day of If'-'- i 'lot; A. D. n !;1t<.-o a. ~ ~pr~. ~, ~rothonotary '.' - ALLISON A. (NORDMARK) BRICKER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNT~, PA CIVIL ACTION - LAW v. WILLIAMS GROVE AMUSEMENTS, INC. d/b/a WILLIAMS GROVE AMUSEMENT PARK, wi.1l.ia1ll Grove Park Rd. Willians Grove, P/Defendant NO. 95-1741 Civil Term JUR~ TRIAL DEMANDED WRIT OF SUMMONS TO: DEFENDANT, WILLIAMS GROVE AMUSEMENTS, INC., d/b/e WILLIAMS GROVE AMUSEMENT PARK: ~ou are hereby notified that Allison A. (Nordmark) Bricker, Plaintiff, has commenced an action against you. April 'i, 1995 Date lawrenoe E. WelJcer, Prothonotary PROTHONOTAR~ B~: 0./(11/11'1 I:' .xff/~ Cirif DEPwr~ 7 " Kenneth A. Wise, Esq. m No. 16142 126 Locust Street P.O. Box ll489 Harrisburg, PA 17108-1489 (717) 238-3838 ~. ,- Y FP,OM RECORD Tr,v:: COP f \ h'rc unto set my hand In Tts,;mJn'; ',~hr.:~oc'ourtOal car"f,i Ie, p.a. ~nd the seal 0 sal ~ \9 ~ . ~Nfr. day of... .........~.."" Thli :/........... ~ .....~. .~...' J:r.1......K..... . I ............... . I . . Prothonolsry 6. Admitted in part, denied in part. It is admitted that passengers on the roller coaster ride at Defendant's amusement park are secured by means of a lap bar designed to lock into place to secure passengers on the ride. By way of further answer, it is specifically denied that the lap bar is the only means by which passengers are secured on the ride. To the contrary, in addition to the lap bar, passengers on the ride are secured by way of a lap safety belt as well. 7. Denied. After reasonable investigation and inquiry, Answering Defendant is without information sufficient to form a belief as to the truth of these allegations and accordingly, the same are denied and strict proof thereof is demanded at trial, if appropriate. 8. Denied. After reasonable investigation and inquiry, Answering Defendant is without information sufficient to form a belief as to the truth of these allegations and accordingly, the same are denied and strict proof thereof is demanded at trial, if appropriate. 9. Denied. After reasonable investigation and inquiry, Answering Defendant is without information sufficient to form a belief as to the truth of these allegations and accordingly, the same are denied and strict proof thereof is demanded at trial, if appropriate. 10. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required -2- and accordingly, the same are denied and strict proof thereof is demanded at trial, if appropriate. 11. Denied. Answering Defendant specifically denies each and every allegation of negligence as set forth in this paragraph, together with its subparts (a) through (d). To the contrary, Answering Defendant averred that at the time of the incident alleged by Plaintiff in her Complaint, the subject roller coaster had been operating properly, was safe for its intended use and had complied with applicable regulatory and/or inspection requirements. In addition and by way of further answer, Answering Defendant avers that it acted with reasonable care concerning Plaintiff at the time of the alleged accident. 12. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial, if appropriate. 13. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial, if appropriate. 14. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial, if appropriate. 15. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required -3- and accordingly, the same are denied and strict proof thereof is demanded at trial, if appropriate. 16. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial, if appropriate. 17. Denied. The allegations of this paragraph constitute conclusions of law to which no responsive pleading is required and accordingly, the same are denied and strict proof thereof is demanded at trial, if appropriate. WHEREPORE, Defendant, Williams Grove Amusements, Inc. d/b/a Williams Grove Amusement Park respectfully requests that this Honorable Court enter judgment in its favor, together with such other relief as the Court shall deem appropriate. NEW MATTER DIRECTED TO PLAINTIPP 18. Plaintiff's injuries and/or damages, the same being expressly denied, are barred by the doctrine of assumption of the risk. 19. Plaintiff's injuries and/or damages, the same being expressly denied, are barred and/or limited by the Pennsylvania Comparative Negligence Statute. 20. Answering Defendant breached no duty of care owed to Plaintiff under the circumstances alleged in her Complaint. 21. Plaintiff's injuries and/or damages, the same being expressly denied, are due in whole or in part to the acts or -4- omissions on the part of third-parties over whom Answering Defendant had no control or right of control. 22. Plaintiff has failed to state a cause of action upon which relief can be granted as a matter of law. 23. Defendant owed Plaintiff no duty of care under the circumstances alleged by Plaintiff in her Complaint. 24. No act or omission on the part of Answering Defendant was a substantial contributing factor in producing the injuries and/or damages, the same being expressly denied, complained of in Plaintiff's Complaint. 25. Plaintiff's claims are barred and/or limited by the doctrines of res judicata and/or collateral estoppel. WHEREFORE, Defendant, Williams Grove Amusements, Inc. d/b/a Williams Grove Amusement Park respectfully requests that this Honorable Court enter judgment in its favor, together with such other relief as the Court shall deem appropriate. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN DATE: G /.2. 'i J 9 ~ BY: 17108-0803 ATTORNEY FOR DEFENDANT -5- VERIPICATION The undersigned hereby verifies that the statements in the foregoing ANSWER WITH NEW MATTER OF DEFENDANT, WILLIAMS GROVE AMUSEMENTS, INC. d/b/a WILLIAMS GROVE AMUSEMENT PARK, TO PLAINTIFF'S COMPLAINT are based upon information which has been furnished to counsel by me and information which has been gathered by counsel in the preparation of the defense of this lawsuit. The language of the ANSWER WITH NEW MATTER OF DEFENDANT, WILLIAMS GROVE AMUSEMENTS, INC. d/b/a WILLIAMS GROVE AMUSEMENT PARK, TO PLAINTIFF'S COMPLAINT is that of counsel and not my own. I have read the ANSWER WITH NEW MATTER OF DEFENDANT, WILLIAMS GROVE AMUSEMENTS, INC. d/b/a WILLIAMS GROVE AMUSEMENT PARK, TO PLAINTIFF'S COMPLAINT and to the extent that they are based upon information which I have given to counsel, they are true and correct to the best of my knowledge, information and belief. To the extent that the contents of the ANSWER WITH NEW MATTER OF DEFENDANT, WILLIAMS GROVE AMUSEMENTS, INC. d/b/a WILLIAMS GROVE AMUSEMENT PARK, TO PLAINTIFF'S COMPLAINT are that of counsel, I have relied upon my counsel in making this verification. The undersigned also understands that the state- ments therein are made subject to the penalties of 18 Pa. e.s. Section 4904, relating to unsworn falsification to authorities. DATE: ~ jI9/lJ.:f ,,(lll ty ~;t/, - ~./M-,-I7I Ie:: t/Lc7,(;j? / TITLE: ~ - ~ ::z: ", ......, >- >- .r~ s~;;f;~ ~ ~_..~ -.~l (')',-:,.,:..',;; _I..... ".l","~':,~:~~j ;, '..,- ..:; ,.....(..;1 <;.> ~ Od: .... II> - - ALLISON A. (NORDMARK) BRICKER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-1741 CIVIL TERM WILLIAMS GROVE AMUSEMENTS, INC.: d/b/a WILLIAMS GROVE AMUSEMENT PARK, CIVIL ACTION - LAW DEFENDANT JURY TRIAL DEMANDED ORDER AND NOW, this day of , 1997, it is hereby ORDERED that Defendant's Motion to Compel a Response to Defendant's Request for production of Documents, Item No.3 is hereby GRANTED; Plaintiff is directed to respond to Defendant's Request for production of Documents, Item No. 3 or suffer such other sanctions as this Court shall deem appropriate. BY THE COURT: (J. ) BON. KEVIN A. HESS AND NOW, this /6" day of ""A-f2'-" , 1997, a Rule is ALLISON A. (NORDMARK) BRICKER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-1741 CIVIL TERM . . WILLIAMS GROVE AMUSEMENTS, INC.: d/b/a WILLIAMS GROVE AMUSEMENT PARK, CIVIL ACTION - LAW DEFENDANT JURY TRIAL DEMANDED RULB TO. SIi~W C~U;~~_~B I MOTION TO COMPBL RESPONSB TQ D!lP~' S !LQy!!!!!T POR PRODUCTION 011' DOCUMENTS ORDBR issued upon the Plaintiff to show why the relief requested in the within Motion ought not to be granted. This Rule is returnable twenty (20) days after service. BY THB CO~L !!:VIN A. HBSS (J. ) ALLISON A. (NORDMARK) BRICKER, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-1741 CIVIL TERM WILLIAMS GROVE AMUSEMENTS, INC.: d/b/a WILLIAMS GROVE AMUSEMENT PARK, CIVIL ACTION - LAW DEFENDANT JURY TRIAL DEMANDED DEPENDANT'S MOTION TO COMPEL RESPONSE TO REOUEST POR PRODUCTION OP DOCUMENTS DIRECTED TO PLAINTIPP 1. This is an action in which Plaintiff seeks damages for personal injuries, including, but not limited to, wage loss and/or diminution of earning capacity, allegedly arising from an incident of August 7, 1993 at Defendant Amusement Park. 2. On or about May 25, 1995, Defendant served Plaintiff with Interrogatories and a Request for Production of Documents. 3. Defendant's Request for production of Documents Item No. 3 sought, inter ali2, tax returns and wage statements from Plaintiff. 4. On or about June 29, 1995, Plaintiff responded to Defendant's Request No.3, as follows: "income tax records to be supplied - 1991 through 1994." 5. Counsel for Defendant has repeatedly written to Plaintiff's counsel requesting the tax returns in order to be able to evaluate and/or assess Plaintiff's wage loss and/or diminution of earning capacity, if any. To date, no response has been forthcoming and, accordingly, Defendant respectfully requests that this Honorable Court enter an Order directing . . CERTIFICATE OF SERVICE I, Robin K. Nelson, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 5th day of March, 1997 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Kenneth A. Wise, Esquire 126 Locust Street P.O. Box 11489 Harrisburg, PA 17108-1489 ATTORNEY POR PLAINTIPP &rl~~ 1(, fiG R~1\\A. OBIN K. NELSON . n' l:""~ ""'r - en -"J ::: >- l~ ~ ff I ~ ~ (:". tt:~. 1 " '"(> u, " . " L ~4 ' ,. " t.: - t<l (..-; , j ~"; 'l~. ~ ::, j '--' "1 ~ .~ 'f:j, s: v~ I [, ~ . --.~ '1'o'J .!i- : j oJ r-. c,~ (~ 5 c 0: ~ I ! a: z ~!:i lu ~ >"8 to W a: ;: ~ 0;- III !J:8-~l:! ilj"o!ii /ENN z". w"'" M_ Z!'zu.dNI'o lhi ii:~!5E"& .1'" oJ 8 In t:. .. Ii!; - ~ ~ i ~ ~ .. .. z :> o u .. . . . . . . . - , . . >- C'l C l.l; r:-,: .. 4'1.___ u,~-,r (~ 's~~~ c.) .. ~X: f-' .. t~. c'-- .'~-' " ;:.i .~ If) iJ) ~ -,...- ;~ ,~~-; _.1. ,,~ "en ~.: , "- !}L":.. ,-,. """ UM r- '.1 0 C' (;1