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HomeMy WebLinkAbout95-06037 IUClI.1 T. RICIlAIlOI I III THI COURT or COMKOII 'LIA' Plaintiff I CUIIBIRLUO COUIITY, ,.....IYLVUI~ I CIVIL ~CTIOII - L~. v. I I liD. 1It1 .IIL .. TBRU.., I oeren4ant I JURY TRI~L OIMAMDID AND NOW, this COMPLAIIIT day of October 1995, comes the plaintiff Eugene T. Richards by his attorney Archie V. Diveglia and avers in support of his claim as follows: 1. The plaintiff, Eugene T. Richards, is an adult individual who lives at 50 orchard Hill Trailer Park, Shermansdale, Perry county, pennsylvania. 2. The Defendant, Neil H. Thrush, is an adult individual who resides at 124 Woods Drive, Lot 30, Hechanicsburg, cumberland county, pennsylvania. 3. That on Hay 7, 1995 at approximatelY 7130 p.m. plaintiff was operating is motorcycle east on carlisle pike at the intersection of silver Spring Road. 4. At the above said time and place the Defendant was proceeding west on Carlisle Pike when he sUddenly turned left in front of the motorcycle driven by plaintiff causing plaintiff to strike Defendant's vehicle. 5. As a result of striking the right rear door of Defendants vehicle, Plaintiff was ejected from his motorcycle and tossed onto the roadway incurring severe injuries as a result thereof. 6. As a result of being tossed onto the roadway, Plaintiff incurred the following injuries I a. fracture dislocation of the right wrist; b. pelvic diastasis; o. sacral fracture; d. closed head injury; e. multiple extremity abrasions; f. large pelvio hematoma; g. right anterior dislocation of the shoulder. 7. As a result of the injuries incurred as desoribed in paragraph 6, Plaintiff has undergone three separate operative prooedures as well as two separate hospitalizatione. 8. As a result of injuries incurred and treatment rendered, Plaintiff has incurred medical expenses which were in excess of $38,000.00. 9. As well as the above desoribed accident injuries a plaintiff has been disabled from his employment from the date of the accident to the present except for a two week period in August of 1995 and, therefore, incurred a loss of earnings as a result thereof. 10. As a result of the injuries incurred and the above described action Plaintiff has suffered a serious limitation as it relates to the movement and usage of his right wrist which serious limits his daily life's activities and will result in a substance diminishment of his future earning capacity. 11. As a result of the injuries incurred to plaintiff's right wrist, Plaintiff will incur arthritis in that wrist. 12. Plaintiff has incurred great pain, mental distress, SUffering and embarrassment as a result of the injuries he has incurred and will continue to suffer said mental SUffering. 13. The above described accident, injuries and losses of the plaintiff is the result of the negligence of the Defendant whose negligence consisted of the following: a. he failed to yield right-of-way to Plaintiff; b. he failed to observe where he was operating his vehicle; c. he made an improper left turn; d. he drove his car in an inattentive manner. 3 VERIFICATION The foregoing Complaint is based upon information whioh has been gathered by my counsel in the preparation of the lawsuit. The language of the Complaint is that of counsel and not my own. I have read the Complaint and to the extent that it is based upon information which I have given to my counsel, it is true and correot to the best of my knowledge, information and belief. To the extent that the content is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of Pa.C.S. seotion 4904 relating to uneworn falsification to authorities, which provides that if I make knowingly false averments, I may be aubject to criminal penalties. Dated I /0/17/'i1- ~~:\ ~J1- Euge e T. Richards COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY EUGENE T. RICHARDS, Plaintiff No. 95-6037 civil Torm v. CIVIL ACTION - LAW NEIL H. THRUSH, Defendant JURY TRIAL DEMANDED ANSWER OF DEFENDANT, NEIL H. THRUSH, TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that at the time and place stated Defendant was traveling west on the Carlisle Pike and attempted to make a left turn. All other allegations and characterizations contained in this paragraph are denied. 5. Admitted in part and denied in part. It is admitted that Plaintiff struck the right rear door of Defendant's vehicle. all other allegations are denied. 6(a) - (g). Denied. The answers contained in paragraphs 4 and 5 hereof are incorporated herein by reference as if set forth in their entirety. 7. Denied. 8. Denied. 9. Denied. 10. Denied. 11. Denied. 12. Denied. 13(a) - (d). Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. WHEREFORE, Defendant, Neil H. Thrush, demands judgment in his favor and against Plaintift. REYNOLDS & HAVAS A Professional corporation Datel /III ~'1( BYl n L. Banko, Jr. ey I. D. H1727 101 Pine street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Neil H. Thrush - 2 - VERIFICATION I, Neil If. Thrueh, depoee and say, subject to the penaltiee of 18 Pa.c.s.A., Section 4904, relating to unsworn falsification to authorities, that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. 4. 1, Il'.r Da e ~'?#~ A ,j:., / Ne rHo Thrush v. I III or.. OOUllor or COIOlOII 1'L.u I CUMllaLllD eoUITY, 1'1...YLV..IA I CIVIL AcorlOM - LAW I I MO. .5-.037 CIVIL orlaM I I JUIlY TIlIAL OIlDllDIO .UG.... T. IlleBAaO. l'laintlff nIL .. TIIIlUI., Oeren4ent 1'...CI'. TO OI.COMTIMU. TO THE PROTHONOTARY I Please discontinue the above captioned matter. All olaims of the plaintiff have been satisfied in full. Respeotfully submitted, DIVEGLIA and KAYLOR, P.C. DATED I :::J -.J1' 7' By: Archie V. Divegli Attorney I.D.117~4 1~9 Locust 5tree~ Harrisburg, Penn yl ania (717) 236-5985 Esquire 17101 Attorney for Plaintiff ..~- o:',J i'; " i ('0' . t J.l ~ \.~) i .~ l.'- ,1 r' ..... :. :.J . - cj:. ,~J (I,: LO ," i;1 l ~.J . '!J '. 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