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Home My WebLink About02-4281RALPH BROOKS, Plaintiff BLUE BEACON MANAGEMENT, INC., t/d/b/a BLUE BEACON TRUCK WASH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. qa CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED NOTICE 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 Plaintiffs. 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: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 Dated: September 6, 2002 MARTSON_DEARDORFF }J~IJ.~LIAMS & OTTO By Attorney I. D. Number 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Anomeys for Plaintiff F \FI LES/DATAFILE\Gendoc cur\103491-corn I Created: 09/06/02 08:44 57 AM Revi~ed: 09/06/02 08 51:31 AM RALPH BROOKS, Plaintiff BLUE BEACON MANAGEMENT, 1NC., t/d/b/a BLUE BEACON TRUCK WASH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O,.2- CiVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED COMPLAINT Plaintiff, Ralph Brooks, is an adult individual residing at 1121 Country Road, 287 Five Points, Alabama 36855. 2. Defendant, Blue Beacon Management, Inc., is a business entity authorized to do business in Pennsylvania with an address at 1201 Harrisburg Pike, P.O. Box 1021, Carlisle, PA 17013, which trades and does business as Blue Beacon Truck Wash. 3. On or about the early morning hours of March 27, 2001, Plaintiff, a tractor trailer operator, was a patron of the Blue Beacon Truck Wash. 4. After signing certain documents in the Blue Beacon Truck Wash's office, Plaintiff exited the office and waited for Defendants' agents, servants, and/or employees to wash his truck. 5. As the Defendants' agents, servants, and/or employees washed the truck, Plaintiff re- entered the office to keep from getting wet. 6. Upon re-entering the office, Plaintiff's left foot slipped on the tile floor inside the office door, he fell backwards on his right foot. 7. Defendants' negligence consisted of the following: a. failing to take appropriate preventive measures to get the floor dry when they knew or should have known that a wet floor would create a hazard to business invitees entering Defendants' office; b. failing to warn Plaintiff and other business invitees of the dangerous condition; c. failing to correct the dangerous condition, which they knew or should have known existed; d. failing to properly maintain or inspect the premises to ascertain the existence of dangerous conditions; and e. failure to provide a proper anti-skid surface in the entry way to the office. 8. As a direct and proximate result of Defendants' negligence, carelessness and recklessness, Plaintiff suffered injuries including, but not limited to the following: a. non-displaced posterior malleolus fracture of right ankle and b. right deltoid ligament tear. 9. As a result of the injuries sustained, Plaintiff has treated with various doctors and has received therapy and incurred medical bills for his continuing treatment and therapy. 10. As a result of the injuries sustained, Plaintiff was unable to perform his duties as a track driver and, as a result, lost income. 11. As a result of the injuries sustained, Plaintiff has endured pain and suffering and may continue to endure pain and suffering. 12. As a result of the injuries sustained, Plaintiffhas had limitations which has denied him the enjoyment of life's pleasures. WHEREFORE, Plaintiff Ralph Brooks, demands judgment against Defendants in an amount in excess of $30,000, exclusive of interest and costs. Dated: September 6, 2002 MARTSON DEARDORFF WILLIAMS & OTTO George./t~-raller, Jr., Esq~re v~/"k I. D. Number 49813 /tx Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. F/FILES~DATAFILE/Gendac cur/103491 eom I AUG 0 8 ~ AU~ 0 8 2002 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is tree and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. RALPH BROOKS, Plaintiff VS. BLUE BEACON MANAGEMENT, INC., t/d/b/a BLUE BEACON TRUCK WASH, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 02-4281 - Civil Term : CIVIL ACTION - LAW : JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY OF SAID COURT: Please enter our appearance on behalf of Defendants Blue Beacon Management, Inc. t/d/b/a Blue Beacon Truck Wash, in the above-captioned action. Dated: CALDWELL 8~KE~S ! By: J~ffrey T. ~cGuire tAttomey I.D. #73617 Ray J. Michalowski, Esquire Attorney I.D. #87135 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendants CERTIFICATE OF SERVICE AND NOW, this //f~day of ~ ,2002, I hereby certify that I have served a copy of the within document on thc following by depositing a true and correct copy of the same in thc U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: George B. Faller, Jr., Esquire MARTSON, DEARDORFF W1LLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 02-657/45670 CALDWELL & KEARNS SHERIFF'S RETURN - CASE NO: 2002-04281 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROOKS RALPH VS BLUE BEACON MANAGEMENT INC ET REGULAR BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BLUE BEACON MANAGEMENT INC TDBA BLUE BEACON TRUCK WASH the DEFENDANT at 1511:00 HOURS, at 1201 HARRISBURG PIKE CARLISLE, PA 17013 on the 9th day of .September, by handing to MATT IDZIK, GENERAL MANAGER a true and attested copy of COMPLAINT & NOTICE together with 2002 and at the same time directing ~is attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45- Sworn and Subscribed to before me this _/~ day of ~ ~ A.D. / ~rothonotary So Answers: R. Thomas Kline 09/10/2002 MDW&O By: eriff RALPH BROOKS, Plaintiff VS. BLUE BEACON MANAGEMENT, INC., t/d/b/a BLUE BEACON TRUCK WASH, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4281 - Civil Term : CIVIL ACTION - LAW . . : JURY TRIAL OF TWELVE DEMANDED NOTICE TO PLEAD To: Ralph Brooks, Plaintiff, and his attorney, George B. Faller, Jr., Esquire YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer with New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Date: /~/~~ By: Respectfully submitted, CALDWF~L & KEARNS R/(y J. Mmhal~, Esqti~re Attorney I.D. #87135 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant RALPH BROOKS, Plaintiff VS. BLUE BEACON MANAGEMENT, INC., t/dPo/a BLUE BEACON TRUCK WASH, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 02-4281 - Civil Term : CW1L ACTION - LAW : : : JURY TRIAL OF TWELVE DEMANDED ANSWER WITH NEW MATTER AND NOW, comes Defendant, Blue Beacon Management, Inc., by and through its attorneys, Caldwell & Keams, and files this Answer to Plaintiff's Complaint, and avers in support thereof as follows: 1.-12. Denied. All averments that may be denied generally pursuant to Pa. R.C.P. 1029(e) are hereby denied. NEW MATTER 13. Defendant specifically reserves the defenses of contributory/comparative negligence and assumption of the risk under Pa. R.C.P. 1030. 14. Plaintiff's injuries may have pre-existed the incident which is the subject of Plaintiff's Complaint. 15. Plaintiff failed to seek immediate medical attention after the incident which is the subject of Plaintiff's Complaint. 16. Plaintiff's injuries, if any, were aggravated or caused by Plaintiff's actions in driving his truck from Pennsylvania to Georgia prior to seeking medical treatment. 17. Plaintiff's alleged fall occurred as the result of his pre-existing injuries and/or medical conditions. 18. Plaintiff traversed to the area where the alleged fall occurred several times in the hours preceding the incident. 19. The area in which Plaintiff allegedly fell is equipment with an anti-skid safety mat and a tile floor embedded with anti-skid material in its surface. 20. Adequate and appropriate signage was used to warn Plaintiff that the area at issue was wet. 21. The area in which the incident is alleged to have occurred was well lit with nothing obscuring Plaintiff's ability to observe the condition of the floor at the time of the incident. 22. This action may be barred by the applicable statute of limitations. WHEREFORE, Defendant, Blue Beacon Management, Inc., respectfully requests that Plaintiff's Complaint be dismissed and judgment entered in its favor and against Plaintiff without cost to Defendant, but together with such costs, expenses and attorney's fees as authorized by law and which the Court deems necessary, just and appropriate under the circumstances. Dated: /0//~f ~ By: CALDWEL~& KEARNS Ra~. Michalo~ski;~ffire Attorney I.D. #87135 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant 10/09/02 WED 15:26 FAX 785 822 3714 WORK COMP-IR ~002 10/09/2002 14:38 FAX T17 232 2T66 CALDWELL & KEARNS ~007 I, MOP, RI~ SODIi~B~O, verify that the av=,,~e~ made in thc foregoing document are true and oorrcct to thc bc~ o£ my lmowledse, information and belief. I understand that false statemellts herein arc mad~ sl~bject to !]18 pcaalties of 15 Pa. C.S. 4904, rclatir~ to unswom falsification to authorities. Date: Morri~ Soderber~ CERTIFICATE OF SERVICE AND NOW, this _~_~day of ~~ ,2002, I hereby certify that I have served a copy of the within document on the following by depositing a tree and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: George B. Faller, Jr., Esquire MARTSON, DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 CALDWELL & KEARNS 02-657/46698 F:kFILES\DATAFILE\Gendoc.cur~ 103491 -~plynm 1/t de Created: 06/12/02 09:33:42 AM Revised: 10/22/02 ll:01:06AM 103491 RALPH BROOKS, Plaintiff BLUE BEACON MANAGEMENT, INC., t/d/b/a BLUE BEACON TRUCK WASH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4281 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED PLAINTIFF'S REPLY TO NEW MATTER A_ND NOW, comes Plaintiff, Ralph Brooks, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and responds to Defendant's New Matter as follows: 13-22. Denied pursuant to Pa. R.C.P. 1029 (e). MARTSON DEARDORFF WILLIAMS & OTTO By ~~, TG~n6 r~ tBi_i~;1 e~r~ ~ ~squire Carlisle, PA 17013 (717) 243-3341 Date: October 22, 2002 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Plaintiff's Reply to New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ray J. Michalowski, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 MARTSON DEARDORFF WILLIAMS & OTTO ~_~cia D. Eckenroad ?- Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 22, 2002 F:/FI LES/DATAFILE/GeaeraI~C urrent\ 10349-1 pral/tde Created: 11/01/02 10:27:36AM RALPH BROOKS, Plaintiff BLUE BEACON MANAGEMENT, INC., t/d/b/a BLUE BEACON TRUCK WASH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4281 CIVIL ACTION-LAW TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned case settled and discontinued and issue a certificate reflecting same. LIAMS B~Ga~l°,~~y~quire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff OTTO Date: March 5, 2004 PRAECIPE TO SETTLE AND DISCONTINUE JURY TRIAL OF TWELVE DEMANDED CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Ray J. Michalowski, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 MARTSON DEARDORFF V~ILLIAMS & OTTO ~l'~cia D. Eckenr~ad - Ten East High Street Carlisle, PA 17013 (717) 243 -3341 Dated: March 5, 2004