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Home My WebLink About95-06362 , TODD aRIER, Plaintiff I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I I I I I I CIVIL ACTION - LAW NO. 17') (J(') /1 J j . , f" ( , I { I' v. K-KART CORPORATION, Defendant JURY TRIAL DEMANDED NOTICI TO DI'IND You have been sued in court. If you wish to defend againet the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, br enterinq a written appearance personally or by attorney and f linq in writing with the Court your defenses or objections to the claima .et forth against you. You are warned that if you fail to do 80 the case may procesd without you and jUdgment may be entered aIJain.t you by the Court without further notice for any money claimed in the Ccmplaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other riqht. important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN aET LEGAL HELP. Court Administrator cumberland county Courthouse - 4th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 , TODD GRIER, Plaintiff I IN THE COURT OF COMMON PLEAs I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I I NO. v. K-MART CORPORATION, Defendant JURY TRIAL DEMANDED HOTICIJ~ Le han demand ado a usted en la corte. si usted quiere defenderse de estas demandas expuestas en las faginas sugnuientes, u.ted tiene viente (20) dias de plazo al part r 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 e.crita BUB defensaB 0 BUS objeciones a las demandas en contra de IU persona. Sea avisado que si ~sted no se defiende, la corte tomara medidaB y puede entrar una orden contra usted sin previo avilo 0 notificacion y por oualquier queja 0 alivio que eB pedido en la peticion de demanda. UBted puede perder dinero 0 BUS propiedadel 0 otros derechoB importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDI~TEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEPFONO A LA OFICINA CUYA DIRECCION SE 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 Plaintiff I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I I I I CIVIL ACTION - LAW TODD GRIER, v. NO. <II G _'''./ ('"..1 /,.,., ~-MART CORPORATION, Defendant JURY TRIAL DEMANDED C 0 K P L A I H T 1. Plaintiff Todd Grier is an adult individual and citizen of the COlD1llonwealth of Pennsylvania residing at 248 North Arlington Avenue, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant K-Mart corporation is a Michigan corporation with its headquarters at 3100 West Big Beaver, Troy, Michigan with a department store located at 463 North Enola Road, Enola, CUmberland county, Pennsylvania and with stores regularly operating throughout Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about Dscember 20, 1993, on the premises of K-Mart department store at the SUlD1llsrdale, Plaza, Enola, Cumberland county, Pennsylvania. 4. Defendant K-Mart was the owner, operator and manager of the aforesaid K-Mart department store. 5. Defendant K-Mart as owner, operator and manager of K-Mart department store has a duty to provide a safe premises for its business invitees. 76809/MIIP 6. At that time and place, Plaintiff Todd Grier had entered the premises of the K-Mart department store with the intention of Christmas shoppinq. 7. At that time and place, Mr. Grier was walking through an iele when he slipped and fell because the Defendant had allowed a transparent oil to seep from a container and accumulate in the i.le. 8. At that time and place, Plaintiff Todd Grier slipped and fell to the ground striking his shoulder and elbow on the floor causing him to experience severe pain in his right shoulder, neck, elbow and low back. The pain was so intense that Mr. Grier lost hi. breath and needed to stay seated. 9. At that time and place, Mr. Grier got to his feet and checked the area where he had fallen and found a puddle of oil on the floor. The same oil covered his jacket. 10. Immediately thereafter, Mr. Grier went to the customer .ervice desk, spoke to ths manager and escorted the manager back to the area where he had fallen. 11. Mr. Grier was informed by the Manaqsr that one of the boxes had leaked to the floor causinq the puddle. 12. Mr. Grier was later taken to Holy Spirit Hospital for treatment for painful and severe injuries Which included but were not limited to grade 1 AC separation, cervical sprain, lumbar back 2 pain, muscle spasms down the paraspinous muscle from mid-thorax to low back with tenderness in the mid-thoracic region on the right just below the scapula and into the buttocks region on the right. 13. The aforesaid fall and the resulting injuries were caused by the wantonness, carelessness, recklessness and negligence of the Defendant K-Mart in failing to properly maintain and inspect its premises as follows: (a) failing to properly maintain the premises by allowing a ruptured box to leak oil and to accumulate on the ground and remain unguarded in an area used by business invitees; (b) failing to adequately mop up the oil on the premises in an area heavily travelled by business invitees; (c) failing to properly inspect the premises to determine whether there was any oil that had accumulated on the floor which would pose a hazard to business invitees; (d) failing to guard against oil from accumulating on the premises of which Defendant was or should have been aware; (e) failing to properly warn business invitees of the oil that had accumulated, and of the possibility of slipping and falling on the oil; (f) failing to take proper measures for the elimination of the oil on the premises; and failing to exercise the care that a land owner owes to business invitees utilizing the premises for their intended purposes. 14. By reason of the aforesaid injuries sustained by the (g) Plaintiff Todd Grier, he was forced to incur liability for medical 3 . ......,.... - .' treatment, medications, hospitaliEations, therapy and similar expenses in an effort to restore himself to health and a claims is .ade therefor. 15. Because of the nature of his injuries, Plaintiff Todd Grier has been advised and therefor avers that he may be forced to incur similar medical expenses in the future and claim is made therefor. 16. As a result of the aforesaid injuries, Plaintiff Todd Grier has undergone and in the future will undergo great physical and mental pain and suffering, great inconvenience in carrying out his daily activities, and loss of life's pleasures and enjoyment, and a claim is made therefor. 17. As a result of the aforesaid injuries, Plaintiff Todd Grier has been and in the future will be subject to great humiliation and embarrassment and a claim is made therefor. 18. Plaintiff Todd Grier continues to be plagued by persistent pain and limitation and therefor avers that his injuries may be of a permanent nature, causing reeidual problems the remainder of his lifetime and claim is made therefor. 19. As a result of the aforesaid injuries, Plaintiff Todd Grier hae sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity and claim is made therefor. 4 , A. J ,. ,. ("" " , I ~l n i 'i.... I 1\ i . 11 ,j ! ~ f, 1; 'J' /; Ii \ /\! I riJ. Iii " l'ljil ~.: j,11\ l,h) 11\ , , '" , h Mid,.' 'ild 1,'ht,l J pfj ;""1 , .1 , , , " , , '1'1 I' hl ld4( , "11 I . oW . , , I" . " I " L 111d., I 'hI , jj, I, Ij~~fjtt "f n,zf'~d]-' ~-dH"l1fl '.~1 1,1'~'J-'l'''''1!ili:JIWI;,. t'\;~I,q ;'lily ~~\ft~tn fH~'-"r)i-(:11flq I I"., I '!1ll Al In ",.) Ft'f \'t-,Hj " " 1 ht, h 1 . , , I .. , , , , , , , )< I ('(,", I i' I! , I, , , , , ,. " '1 , -! , !l 'H , H 1 fit t, , ^ , , it I, l!;i:, h.-,Vt i;:IL'J ! 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ROVNE~.Prc.. /. -) '1/L---~ -L. aw ence F. Barone, Esqu re I. . No. 68921 4503 North Front street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Datel December 6, 1995 CCI Ms. Kim M. Rhoades Sr. Litigation Adjuster CNA Insurance companies 2401 Pleasant Valley Road P.O. Box 12010 York, PA 17402-0610 Claim No. 080-4AX-460-H71 t!, ,.. b (j, ' . 1'1,' <<rJ ..... (~~;t ~l " I'" ., In ;.... I ), \,II I. , idi11 I~: ~I !Ilil. .I ;i. \) \(1 d Jl