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of Pennsylvania, which owns the real estate situate at 3442 Simpson
Ferry Road, Camp Hill, Cumberland County, Pennsylvania and which
maintains an office and place of business known as Moore's Lumber
& Building Supplies. Said Defendant also maintains an office and
place of business located at 351'7 Brandon Avenue, P.O. Box 2908,
Roanoke, VA 24022 and has a registered office designated with the
Department of State c/o Prent ice Hall, 319 Market Street,
Harrisburg, Dauphin County, Pennsylvania.
4. Defendant Harcros Lumber & Building Supplies, Inc. is a
subsidiary of Defendant Harrisons & Crosfleld (Amerir,:a) Inc. and
which does business as Moore's Lumber & Building Supplies, also
known as Moore's, which now or formerly was a di vJ.sion of
Grossman's, Inc.
5. Grossman's Inc" is a Delaware Corporat ion maintaining a
registered office of c/o CT corporation, 1635 Market Street,
Philadelphia, Pennsylvania, and which does business as Moore's
Lumber & Building Supplies.
6. Defendant Norman DaneI' is an adult individual who trades
or conducts business under the registered fictitious name of
Moore's Lumber & Building Supplies and has an office or place of
business located at 351'7 Brandon Avenue, Southwest, Roanoke,
Virginia 24018.
7. Defendant David Henry is an adult individual who trades
or conducts business under the registered fictitious name of
Moore's Lumber & Building Supplies and has an office or place of
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business located at 3517 Brandon Avemle, Southweflt, Roanoke I
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Virginia 24022.
8. At all times mhterial to this cause of action, Defendants,
Harcros Lumber & Building Supplies, Inc" a subflidiat'y of HarrlsonEl
& Crosf ield (America) Inc. d/b/a Moore's Lumber & Building Supplies
Defendant Grossman's Inc. d/b/a Moore's r,umber & Building Supplies
and/or Defendants Norman Darrer & David Henry, were a retail seller
of lumber and building supplies.
9. At all times material to this cause of action, Defendants,
Hsrcros Lumber & Building Supplies, Inc" a subsidiary of Harrisons
& Crosfield (America) Inc. d/b/a Moore's Lumber & Building supplies
Defendant Grossman's, Inc. d/b/a Moore's Lumber and Building
supplies and/or Norman Darrer & David Henry, each individually and
t/d/b/a Moore's Lumber and Building Supplies, and Harcros Lumber
,
and Building Supplie'il, Inc., were the exclusive owners, possessors,
and managers of, and had exclusive control over the store premises
located at 3442 Simpson Ferry Road, Camp Hill, Cumberland County,
Pennsylvania.
10. On or about January 14, 1994, Plaintiff, George Vazquez,
was lawfully upon Defendants' premises as an invitee to purchase
from said Defendants various building materials and aupplies.
11. At the time and place aforesaid, Plaintiff, George
Vazquez, as directed by the Defendants, its agents, servants, or
employees, backed up his truck to the area of the ccmcrete loading
dock outside Defendants' store
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12. At the time and place aforesaid, Plaintiff, George
Vazquez, attempted to exit hie truck end atep onto the loading
dock. As he stepped onto a wood plank at the edge of the concrete
loading dock the piece of wood gave way and caused him to fall
violently between his truck and the loading dock.
COUNT I
QIORQI VAZQUEZ v. llARCROS LUMBER AND BUILDING SUJilPLIBS, INC.
13. Plaintif f, George Vazquez, incorporates here in by
reference the allegations and averments of paragraph.) 1 through 12
above as fully as if the same were herein set forth at length.
14. At all times material to this cause of action, Defendant,
Harcros Lumber & Building supplies, I nc ., was the exclus i ve owner,
possessor, and manager of, and had exclusive control over the store
premises located at 3442 Simpson Ferry Road, Camp Hill, cumberland
county, Pennsylvania.
15. The occurrence of this incident and the severe personal
,injuries resulting therefrom was the direct and proximate result of
the negligence of the Defendant, generally and more specifically as
set forth below,
(a) in failing to protect i.ts business invitees, and in
particular, Plaintiff, George Vazquez, from the
dangerous condition exist ing on the loading dock as
aforesaid;
(b) in failing to warn of the latent danger it
knew existed on the loading dock at the time
Plaintiff, George Vazquez, its business
invitee, was lawfully upon the loading dock;
(c) in failing inspect the loading dock, and in
particular, the area where the offending piece
of wood was located in order to discover its
dangerous condition;
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(d) in failing to discover the dangerous condition
which existed on t.he loadwg dock to the
detriment of ita business invitees, and in
particular, Plaintiff, George Vazquezl
(e) in failing to t~ke reasonable precautions to
protect its business invitees, and in.
particular, Plaintiff, Oeorge Vazquez, I from
the foreseeable danger existing on tha loading
dock by the offending piece of woodl
(f) in failing to use reasonable care not to
injure its business inviteea, and in
particular, Plaintiff, George Vazquez, by
removing or securing the offending piece of
wood which gave way under him;
(g) in failing to install a sturdier platform or
replace the offending piece of wood so that
its business invitees, and in particular,
George Vazquez, could use the platform with
assured safety;
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(h) in failing to properly maintain the loading
dock in a safe condition for its business
invitees, and in particular, the Plaintiff,
George Vazquez;
in allowing the loading dock, or platform, to
remain in a dangerous condition when it knew
said condition existed and that its business
invitees who purchased building or lumber
supplies would continue to use the loading
dock to obtain their goods;
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in continuing to direct its business invitees
who purchased building or lumber from its
store to use ~he loading dock to obtain their
goods when it knew that the loading dock was
unsafe for normal use.
16. As the direct and proximate result of the negligence of
the Defendant, Plaintiff, George Vazquez, has sustained serious
personal injuries, including, but not limited to, a herniated
cervical disc at C6-7 level, lumbar fibrosie at the L5-81 level and
8-1 nerve root impingement and radiculopathy, all of which may be
permanent in nature.
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17. As a furt.her result of the negligenoe of the Defendant,
Plaintiff, Oeorge Vazquez, has suffer humiliation, embarrassment,
and aB a result thereof, he has Buffered, and will continue to
suffer in the future, pain and agony to his great detriment and
lOBS.
lB. As a result of the negligence of the Defendant,
Plaintif.f, Oeorge Vazquez, has been and probably will in the future
be h,indered from attending to his usual occupation and daily
duties, to his great detriment and financial loss.
19. As a result of the negligence of the Defendant,
Plaintiff, George Vazquez, has undergone great physical pain,
discomfort and mental anguish, and he will continue to endure the
same for an indefinite period of time in the future, to his great
physical, emotional and financial detriment and loss.
20. Plaintiff, George Vazquez, believes and therefore avers
that his injuries are permanent in nature.
21. As a result of the negligence of the Defendant,
Plaintiff, George Vazquez, has been compelled, in order to effect
a cure for his injuries, to expend large sums of money for medicine
and medical attention and he probably will continue to incur
medical expenses in the future.
22. As a further result of the negligence of the Defendant,
Plaintiff, George Vazquez, has incurred lost wages and a loss of
earning capacity, as a result of which he will incur future lost
wages.
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WHEREFORE, Plaintiff, George Vazquez, seeks damages from the
Defendant, Harcros Lumber and Building Suppl il;111, Inc., in an amount
in excess ot Twenty-Five Thousand Dollars ($25,000.00), which
exceeds the jurisdictional amount requiring compulsory arbitration.
COUNT II
GBORGI VAZQUIZ v. HARCROS LUM8ER AND BUILDING SUPPLIES, INC.,
A SUBSIDIARY or HARRISONS & CROSrIELD (AMERICA) INC.
D/B/A MOORB'S LUMBBR & BUILDING SUPPLIES
23. Plaintiff, George Vazquez, incorporates herein by
reference the allegations and averments of paragraphs 1 througb 22
above as fully as if the same were herein set forth at length.
24. At all times material to this cause of action, Defendant,
Harcros Lumber and Building Supplies, Inc., a subsidiary of
Harrisons & Crosfield (America) Inc. d/b/a Moore's Lumber &
Building Supplies was the exclusive owner, possessor, and manager
of, and had exclusive control over the store premises located at
3442 Simpson Ferry Road,
Pennsylvania.
25. The occurrence of this incident and the severe personal
Camp Hill,
Cumberland County,
injuries resulting therefrom was the direct and proximate result of
the negligence of the Defendant, generally and more specifically as
set forth below:
(a) in failing to protect its business invitees, and in
particular, Plaintiff, George Vazquez, from the
dangerous condition existing on the loading dock as
aforesaid;
(b) in failing to warn of the latent danger it
knew existed on the loading dock at the time
Plaintiff, George Vazquez, its business
invitee, was lawfully upon the loading docks
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(c) in failing inspect the loading dock, snd in
particular, the area where the offending piece
of wood was located in order to discover its
dangerous condition,
(d) in failing to discover the dangerous condition
which existed on the loading dock to the
detriment of its l.,usiness invitees, and in
particular, Plaintiff, George Vazquez,
(e) in failing to take reasonable precautions to
protect its business invitees, and in
particular, Plaintiff, George Vazquez, from
the foreseeable danger existing on the loading
dock by the offending piece of wood,
(f) in failing to Use reasonable care not to
injure its business invitees, and in
particular, Plaintiff, George Vazquez, by
removing or securing the offending piece of
wood which gave way under him;
(g) in failing to install a sturdIer platform or
replace the offending piece of wood so that
its business invitees, and in particular,
George Vazquez, could use the platform with
assured safety;
(h) in failing to properly maintain the loading
dock in a safe condition for its bUSiness
invitees, and in particular, the Plaintiff,
George Vazquez;
(i) in allowing the loading dock, or platform, to
remain in a dangerous condition when it knew
said condition existed and that its business
invitees who purchased building or lumber
slJpplies would continue to use the loading
dock to obtain their goods,
(j) in continuing to direct its business invitees
who purchased building or lumber from its
store to use the loading dock to obtain their
goods when it knew that the loading dock was
unsafe for normal use.
26. As the direct and proximate result of the negligence of
the Defendant, Plaintiff, George Vazquez, has sustained serious
personal injuries, inClUding, but not limited to, a herniated
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cervical disc at C6 -7 level, ),umbar fibrosis at thll LS -Sl level and
Sol nerve root impingement and radiculopathy, all of which may be
permanent in nature. I
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27. As a further result of the negligence of the Defendant,
Plaintiff, George Vazquez, has suffer humiliation, embarrassment,
and as a result thereof, he has suffered, and will continue to
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suffer in the future, pain and agony to his great detriment and
28. As a result of the negligence of the Defendant,
Plaintiff, George Vazquez, has been and probably will in the future
be hindered from attending to his usual occupation and daily
duties, to his great detriment and financial loss.
29. As a result of the negligence of the Defendant,
Plaintiff, George Vazquez, has undergone great physical pain,
discomfort and mental anguish, and he will continue to endure the
same for an indefinite perIod of time in the future, to his great
phy~ical, emotional and financial detriment and loss.
30. Plaintiff, George Vazquez, believes and therefore avers
that his injuries are permanent in nature.
31. As a res\llt of the negligence of the Defendant,
Plaintiff, George Vazquez, has been compelled, in order to effect
a cure for his inj uries, to expend large sums of money for medicine
and medical attention and he probably will continue to incur
medical expenses in the future.
32. As a further result of the negligence of the Defendant,
Plaintiff, George Vazquez, has incurred lost wages and a loss of
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earning capacity, as a result of which he will incur future lost
wages.
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WHEREFORE, Plaintiff, George Va~quez, seeks damages from the
Defendant, Harc;ros Lumber and Bui lding Suppl ies, Inc., a sub"idiary
of Harrisons &. Crosfield (America) Inc. d/b/a Moore's I,umber and
Building Supplies, in an amount in exctlss of 'l'wenty- PI va 'l'housano
Dollars ($25,000.00), which exceeds the jurisdictional amount
requiring compulsory arbitration.
'1:1
COUNT I II
GIORGI VAZgUIZ v. GROSSMAN'S INC. D/B/A MOORI'S
A/K/A MOORI'S LUMBIR AND BUILDING SUPPLIIS
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33. Plaintiff, George Vazque~, incorporates herein by
reference the allegations and averments of paragraphs t th.ough 32
above as fully as if the same were herein set forth at length.
34. At all times material to this cause of action, Defendant,
Grossman's, Inc. d/b/a Moore's a/k/a Moore's Lumber Ii< Building
Supplies, was the exclusive owner, possessor, and manager of, and
had exclusive control over the store premises located at 3442
Simpson Ferry Road, Camp Hill, Cumberland County, Pennsylvania.
35. The occurrence of this incident and the severe personal
injuries resulting therefrom was the direct and proximate l'esult of
the negligence 0f the Defendant, generally and more specifically as
set forth below:
(a) in fa,iling to protect its business invitees, and in
particular, Plaintiff, George Vazquez, from the
dangerous condition existing on the loading dock as
aforesaid;
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(b) in failing to warn of the latent danger it
knew existed on the loading dock at the time
Plaintiff, George Vazquez, its business
invitee, was lawfully upon the loading dock,
(c) in failing inspect the loading dock, and in
particular, the area wherl'l the offending piece
of wood was located in order to discover its
dangerous condition,
(d) in failing to discover the dangerous condition
which existed on the loading dock to the
detriment of its business invitees, and in
particular, Plaintiff, George Vazquez,
(e) in failing to take reasonable precautions to
protect its business invitees, and in
particular, Plaintiff, George Vazquez, from
the foreseeable danger existing on the loading
dock by the offending piece of wood,
(f) in failing to use reasonable care not to
injure its busineos invitees, and in
particular, Plaintiff, George Vazquez, by
removing or securing the offending piece of
wood which gave way under him,
(g) in failing to install a sturdier platform or
replace the offending piecq of wood so that
its business invitees, and in particular,
George Vazquez, could use the platform with
assured safety;
(h) in failing to properly maintain the loading
dock in ., safe condition for its business
invitees, and in particular, the Plainti ff,
George Vazquez I
(i) in allowing the loading dock, or platform, to
remain in a dangerous condition when it knew
said condition existed and that its business
inviteea who purchased building or lumber
supplies '~ould continue to use the loading
dock to obtain their goods;
(j) in continuing to direct its business invitees
who purchased building or lumber from its
store to use the loading dock to obtain their
goods when it knew that the loading dock was
unsafe for normal use.
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36. As the direct and proximate result of the negligence of
the Defendant, Plaintiff, George Vazquez, has sustained serious
personal injuries, including, but not limited to, a herniated
cervical disc at C6-7 level, lumbar fibroais at the L5-81 level and
8-1 nerve root impingement and radiculopathy, all of which may be
permanent in nature.
37. As a further result of the negligence of the Defendant,
Plaintiff, George Vazquez, has suffer humiliation, embarrassment,
and as a result thereof, he has suffered, and will continue to
suffer in the future, pain and agony to his great detriment and
loss.
38, As a result of the negligence of the Pefendant,
plaintiff, George Vazquez, has been and probably will in the futUl"r'l
be hindered from attending to his usual occupation and daily
duties, to his great detriment and financial loss.
39. As a result of the negligence of the Defendant,
Plaintiff, George Vazquez, has undergone great physical paln,
discomfort and mental anguish, and he will continue to endure the
same for an indefinite period of time in the future, to his great
physical, emotional and financial detriment and 10iJs.
40, Plaintiff, George Vazquez, believes and therefore 1!V''H'1l
that his injuries are permanent in na~ure.
41. As a result of the negl igence of the De fendant,
Plaintiff, George Vazquez, has been compelled, in order to effect
a cure for his injuries, to expend large llLlmn of mnlwy f.-n' medicine
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and medical attention and he probably will continue to incur
medical expenses in the future.
42. As a further result of the negligence of the Defendant,
Plaintiff, George Vazquez, has incurred lost wages and a loss of
earning capacity, as a result of which he will incur futur.e lost
wages.
WHEREFORE, Plaintiff, George Vazquez, seeks damages from the
Defendant, Grossman's Inc. d/b/a Moore's a/k/a Moore's Lumber and
Building Supplies, in an amount in excess of Twenty-Five Thousand
Dollars ($25,000.00), which exceeds the jurisdictional amount
requiring compulsory arbitration.
COUNT IV
GBORGE VAZQUEZ v. NORMAN OARRER and DAVID HBNRY, each
individually and t/d/h/a MOORE'S LUMBER AND BUILDING SUPPLIES
43. Plaintiff, George Vazquez, incorporates herein by
reference the allegations and averments of paragraphs 1 through 42
above as fully as if the same were herein set forth at length.
44. At all times material to this cause of action, Defendant,
Norman Darrer and David Henry, each individually and t/d/b/a
Moore's Lumber and Building Supplies, were the exclusive owners,
possessors, and managers of, and had exclusive control over the
store premises located at 3442 Simpson Ferry Road, Camp Hill,
Cumberland County, Pennsylvania.
45. The occurrence of this incident and the severe personal
injuries resulting therefrom was the direct and proximate result of
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thfl negligence of the Defendants, generally and more specifically
as set forth belowl
(a) in failing to protect its business invitees, and in
particular, Plaintiff, George Vazquez, from the
dangerous condition existing on the loading dock as
aforesaid,
(b) in failing to warn of the latent danger it
knew existed on the loading dock at the time
Plainti f f, George Vazquez, its business
invitee, WdS lawfully upon the loading dock;
(c) in failing inspect the loading dock, and in
particular, the area where the offending piece
of wood was located in order to discover its
dangerous condition;
(d) in failing to discover the dangerous condition
which existed on the loading dock to the
detriment of its business invitees, and in
particular, plaintiff, George Vazquez;
(e) in failing to take reasonable precautions to
protect its business invitees, and in
particular, plaint if f. George Vazquez, from
the foreseeable danger existing on the loading
dock by the offending piece of wood;
If) in failing to use reasonable care not to
injure its business invitees, and in
particular, Plaintiff, George Vazquez, by
removing or securing the offending piece of
wood which gave way under him;
(g) in failing to install a sturdier platform or
replace the offending piece of wood so that
its business invitees, and in particular,
George Vazquez, could use the platform with
assured safety;
(h) in failing to properly maintain the loading
dock in a safe condition for its business
invitees, and in particular, the Plaintiff,
George Vazquez;
(i) in allowing the loading dock, or platform, to
remain in a dangerous condition when it knew
said condition existed and that its business
invitees who purchased building or lumber
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(j)
supplies would continue to use the loading
dock to obtain their goodsr
in continuing to direct its business invitees
who purchased building or lumber from its
store to use the loading dock to obtain their
goods when it knew that the loading do~k was
unsafe for normal Use.
46.
As the direct and proximate result of the negligence of
the Defendants, Plaint if f, George Vazquez, has sustained serious
personal injuries, including, but not limited to, a herniated
cervical disc at C6-7 level, lumbar fibrosis at the L5-S1 level and
8-1 nerve root impingement and radiculopathy, all of which may be
permanent in nature.
47. As a further result of the negligence of the Defendants,
plaintiff, George Vazquez, has suffer humiliation, embarrassment,
and as a result thereof, he has suffered, and will continue to
suffer in the future, pain and agony to his great detriment and
loss.
46. As a result of the negligence of the Defendants,
Plaintiff, George Vazquez, has been and probably will in the future
be hindered from attending to his usual occupation and daily
duties, to his great detriment and financial loss.
49. As a result of the negligence of the Defendants,
Plaintiff, George Vazquez, has undergone great physical pain,
discomfort and mental anguish, and he will continue to endure the
same for an indefinite period of time in the future, to his great
physical, emotional and financial detriment and loss.
50. Plaintiff, George Vazquez, believes and therefore avers
that his injuries are permanent in nature.
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51. As a result of the negligence of the Defenda,nts,
Plaintiff, George Vazquez, has been compelled, in order to effect
a cure for his injuries, to expend large sums of money for medicine
alld medical attention and he probably will continue to incur
medical expenses in the future.
52. As a further r~sult of the negligence of the Defendants,
Plaintiff, George Vazquez, has incurred lost wages and a loss of
earning capacity, as a result of which he will incur future lost
wages.
WHEREFORE, Plaintiff, George Vazquez, seeks damages from the
Defendants, Norman Darrer and David Henry, each individually and
t/d/b/a Moore's Lumber and Building Supplies, in an amount in
excess of Twenty-Five ThQusand Dollara ($25,000.00), which exceeds
the jurisdictIonal amount requiring compulsory arbitration.
COUNT V
GIORGI VAZQUEZ v. HARRISONS & CROBFIILD (AMERICA) INC.
53. Plaintiff, George Vazquez, incorporates herein by
reference the allegations and averments of paragraphs 1 through 52
abo~e as fully as if the Dame were herein set forth at length.
54. Defendant Harrisons & Crosfield 'America) Inc, is a
Delaware Corporation which maintains an office and place of
business located at 2374 Post Road, Warwick, Rhode Island 02886.
55. At all times material to this cause of action, Defendant,
Harrisons & Crosfield (America) was the exclusive owner, possessor,
a,nd manager of, and had exclusive control over the store premises
16
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I. II I'
located at 3442 Simpson FerfY Road, Camp Hill, Cumberland County,
Pennsylvania,
56. The occurrence of this incident and the severe personal
injurieB resulting therefrom was the direct and proximate result of
the negligence of the Defendant, generally and more specifically as
set forth below,
(a) in failing to protect its business invitees, and in
particular, Plaintiff, George Vazquez, from the
dangerous condition existing on the loading dock as
nforesaid;
(b) in fail ing to warn of the latent danger it
knew existed on the loading dock at ~he time
Plaint iff, George Vazquez, its business
invitee, was lawfully upon the loading dock;
(c) in failing inspect the loading dock. and in
particular, the area where the offending piece
of wood was located in order to discover its
d.angerous condition;
(d) in failing to discover the dangerous condition
which existed on the loading dock to the
detriment of its business invitees, and in
particular, Plaintiff, George Vazquez;
(e) in failing to take reasonable precautions to
protect. its business invitee,s, and in
particular, Plaintiff, George Vazquez, from
the foreseeable danger exiRting on the loading
dock by the offending piece of wood;
(f) in failing to use reasonable care not to
injure its business invitees, and in
particular, Plaintiff, George Vazquez, by
removing or securing the offending pIece of
wood which gave way under him;
(g) in failing to install a sturdier platform or
replacF,! the of fending piece of wood so that
its business invitees, and in particular,
George Vazquez, could use the platform with
assured safety;
(h) in failing to properly maintain the loading
dock in a safe condition for its business
17
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the Plaint if f,
( i)
invitees, and in particular,
George Vazque:1: I
in allowing the loading dock, or platform, to
remain in a dangerous conditlon when it knew
said condition existed and that its business
ilwitees who purchased building or lumber
supplies would cont inue to use t he loading
dock to obtain their goods,
(j)
in continuing to direct its business invitees
who purchased building or lumber from its
store to use the loading dock to obtain their
goods when it knew that the loading dock was
unsafe for normal Use.
57.
As the direct and proximate result of the negligence of
the Defendant, Plaintiff, George Vazquez, has sustained serious
personal injuries, including, but not limited to, a herniated
cervical disc at C6-7 level, lumbar fibrosia at the L5-S1 level and
S -1 nerve root impingement and radicul.opathy, all of which may be
permanent in nature,
5B. As a further result of the negligence of the Defendant,
Plaintiff, George Vazquez, has suffer humiliation, embarrassment,
and as a result thereof, he has suffered, and will continue to
suffer in the future, pain and agony to his great detriment and
loss.
59. As a result of the negligence of the Defendant,
Plaint if f, George Vazquez, has been and probably will in the future
bE! hindered from attending to his usual occupation and daily
duties, to his great detriment and financial loss.
60. As a result of the negligence of the Defendant,
Plaintiff, George Vazquez, has undergone great physical pain,
discomfort and mental anguish, and he will continue to endure the
18
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,.., ,t
same for an indefinite period of time in the future, to his great
physical, emotional and financial detriment and loss.
61. ~laintiff, George Vazquez, believes and therefore avers
that his injuries are permanent in nature.
62. As a result of the negligenc~ of the Defendant,
Plaintiff, George Vazquez, has been compelled, in ardor to effect
a cure for his injuries, to expend large aums of money for medicine
and medical attention and he probably will continue to incur
medical expenses in the future,
63. As a further result of the negligence of the Defendant,
Plaintiff, George Vazquez, has incurred lost wages and a loss of
earning capacity, as a result of which he will incur future lost
wages.
WHEREFORE, Plaintiff, George Vazquez, seeks damages from the
Defendant, Harrisons & Crosfield (America) Inc., in an amount in
excess of Twenty-Five Thousand Dollars ($25,000,00), which exceeds
the jurisdictional amount requiring compulsory arbitration.
COUNT VI
CHARLOTTE VAZQUEZ v. ALL DEFENDANTS
64. Plaintiff, Charlotte Vazquez, incorporates herein by
reference the allegations and averments of paragraphs 1 through 63
above as fully as if set forth at length.
65. As a result of the Defendant's negligence, the Plaintiff,
Charlotte Vazquez, has suffered the loss of consortium, society and
comfort from her husband, George Vazquez, and she will continue to
suffer similar loss in the future.
19
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WHEREFORE, plaintiff, Charlotte Vazquez, seeks damages from
Defendants in an amount in excess of Twenty-Five 'l'hOllsand DoBars
($25,000.00), which exceeds the jurisdictional amount requiring
compulsory arbitration.
HANDLIR & WIlNER
/"
/'
BYt
e
Plaintiffs
Date I, I cJ. ..)./ :"1r
, I I
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,
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SHE~rFF'S RETURN - OUT OF COUNTY
CASE NOI \995-07J8\ P
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COHHONWEALTtl OF EENNSYLVANlAI
COUNTY OF C IMBER AND
V ~QLJ Ez_gJ;gB9]_J;L~J~,._____ .__
,f
VS.
HARCROS I.IJHBER r. !l1Dq SlJf__EJ__.
_R.__J1L'i!.n!illl Kl.ilUL_,.._,......_,__..,.....,__, Sheri.!f, IIho bwing duLy L~lIorn according"
to LfllI. mays, t.hlat. h", ""~U" u di1.luent E1elll'ch and inqlJil'y IIJ!" the lIithin
named dE'Ili'ndijlJl t., to II i t I .,lIAJlgJ.Q.:;U"lI1'1~EJLk..Jm.L1QlliY..-_.-__.-----.-.-
._.__.____..__,._.' ._...... ,____._,..~.Ur.l'.J.il_$_JlI,\:':__. ,... ._._.. ., _u__.., ____,..___._
but VIIS unable to localE' ,..___.J.h!l!!!....__ In his bal tivick. He ther...fore
dJO'putizIPd thE' sheri f f of _..._..,_QMlflillL.,_.._,., Count y, P"'nnsy lVoni&l.
to servE' the IIlt.hi.n ...QQt1f..l.tUll.l_.__.._________.______,__._____,__..
."1
-----_.-.-_._------,......-.~..-~---_..,... -~ _ .. .-- -.---..--.--.--..- .._._._--~,.~---~-_..-_._---
On .}amt"LY.__..,.~.~!',!lL,J:3.'il,9,__.._,.h,....,..,. t.hifil oUiGE' VIIs in receipt of
th... .a t tachad r'et.urn f I.om ___..._D..f\l.J.EH11L...__'_m.'..__,.,._. Coun t Y. Pennsy 1 vllni!J,
Sheriff's Costs I
Docketing
Ollt. of CIJunty
SurchF.lrYI?
DAUPHIN COUNTY
113.1/)0
9.00
2.00
25.50
So anSII",.!? I J
'-,/ .~,., .:.;:,;,
""<~-",~Ir .. ,#-..,.._ ,
R;-',no'ina.s- rn'rne;--Sfiii"i'lTr---
4i54; 50' HANDLER & WIENER
'1..,IJi~ 0112f?1l996
'" 1\, I' ." '/./" \.)
. II) ,~ ~.:.tL_ I
Svorn and Dubscrib~d to betare me
this_;'/' ~_L. day of J;t/J-.-..,.,____..._
1'3_1~,.... A. D.
...--~~%~~~t~.~-.,..,.--.-_..,--..
,
T"
SHERIFF'S RETURN" OUT OF COUNTY
CASE Nfl I 19':J~-0"2f,H P
CO""ONWEALTH OF PENNsYLVANIA,
COUNTY OF CUM"ERLANP
Y b Z.!ilJ J;;Z.JJ.t.Q.JID.f;._. \',;1 ,..Ab....__..,_ ,-----
V5.
'Wl!;B,mLJ..Yrl.Ilt;JL!LJ.U..l2!L~YI'_.E.'L..-
-8,t,..1h.2l!!"U' Kline,____._,___,_._,_."" Sheriff, 'ih'J being duly sworn 89col'ding
to 114W, lIaya, that he made OJ di 1 igent, aeal'ch end inquiry .for th" within
nsmll!d defendsn t, to wi tl..gRQiiiSMMi ~.S...lJi~_,.___..__..,_.__.._...........__. -....,.-.-----'
--..----...--..--.--..--.-.-.. .-.~.._~._._--~--,._~_.__...~-~.,._..,._-
---
but, WFUl unable to lucete _........,__Ihym..-... 11l his boiliwil1k. HIP theret'ore
depull:z:ed thll! sheriff of _..___E!ill/.lPE,k.!:'JlltL--......--.. County, Pennsylvania.
to aerve the w 1 t,h1ll _,CQ11fJ.AJ.!iJ...--..,......-...........--.......-.----,...-....----....--..--.......-.-----.--
_._.n._'__ _._.~,_._.___n.._.._..__.....__..~.....____~...._...u ,'. ,.----..-- ...... ...-.--- ....._'.-,. .- --... ,... ...-..----..---,---..,-------.---
an J.-'!.IJ.\i,!i!,Ll'...,_..7.,9,t,h/...19~f>...._,____......, thiu \)f!1l1e was in rE1ceipt, of
the atleehed return from .__J?JU1!lJ;llllJ.'HlA.-__..._... County, r"nnaylvlllnia.
Sheriff's Coatal
Docketing
Out I]f County
Surcharge
PHILADELPHIA CO
So enl!JW<l~"1
6.00
9.00
2.00
59.00
e7b;~~ HANDLER & WIENER
0) l/26/l 996
( ,,' / ".', "1',r~ ;' '"
/ .' ./'/h{' .<" d.
Rr"fM'~iis" K'l-rne;'..Sher-rTr------.
Sworn and subscr1bwd to bp.for~ me
this .l~ dFJY of 1~__..__..._..
19..-..U__... A, D.
-..-~~,~-~o~l!tt~.,--...._-.--
i3llERIFF':3 IWTUJiN - lJ, S. ';I!:RTlFn:n MAIL
CASE NOr 199~'01~81 P
COMMONWEALTH OF l'I!:NNSYLVANIAI
COUNTY 0' CUMBEJi.ANn
"
~AhJil,!Jj;;'..QE.Qill1E-.E-L .AI. -...--...--- -,
VS,
~ll_(2fiOE" '!"JJ!.!JlJ;;!L~_,~)"P~L:;jYf:,_Kt.~.
1i-...J.h!2.!!!.!!!'l..,Ji.I,J..n!'l._____'___u.__'n___'______._, Shlil'iIf 01' DOiputy Sh.H.itf of
CUMBERLAND C,'unty, P","n,;yl'l"nin, who bifinu duly swol-n ac':ol'dinQ t,Q law.
1il0/l'1- 'led the within named O.l::fj';HP^NT.,HARJllS.Q1'lf;1...".~Jl.Q~Elf;J.,D.!AJ1f;RliA.L_,I__.____"
by Unltl1d Sl;atelil C,'rtified Mail pOBt,a~,e prl'p"id, on the ___,;:_~_tlL_, day of
p.~\"".rT1jJ_!;,L__' _1~';),5. I\It ~:'2g),9.l,J.Cll<il nOUI1S, at, ~~!'1.P'q:.;1TR9.tij;J____'''_'''H_'''_'''__''__
~AJ,nu.C.K,~J. l/J.:!I3.I.HL..____h.._ -..-.--
.._.., "..~.. .__~..w.' .....,_,,~ ._.~.~_,.......R.n.~._._.__~,'
a true and uttel3t",d '"'JPY of U)l~ aU.ached _1;ql1l'_1.1I1NL......._..,_.......___,_____,.._.
The r"turned I'ece!.pt card waf! ''l!.gned by I.J..QBAJ.lEP.J.A!'l.___________ ,--,
on ..1!~~l.l.:;J3'~.
Sheriff's C'JSt'H
Docketing
Service
AftidavH
SUI'ch'i,rge
CERTIFIED MA IL
:30 IlnS'ttbH-13 & ,/
6.1tl1tl ...1' /
00 . J(' ~ - .' ./
. Itllll"~~'" ~~. '......ea
2: 00 R,"TYionlaHIUrn-e';"!3!'ieyrrr-----
? '7~
ilIT0~'7~--IlAliDLEIJ F. WIENER
01/0'3/1 ~J',1b
Sworn end subscribed.,- to be1!lJl"e 1Il~
t~iB ,...,I~;-b,!.IY o( 1.,,-~.--.....,.
~_._. -.. f
. ..(~~.c.Lf~:;{%ifn6~~--------- ,..-.....
FHIERIFF'S IlE'rlJr/N . IJ.I';, CF:R'r!F'IF.P MAIL
CASE NOI 1~9'-1i'I7261 P
COMMONWEALTH OF PENNSYLVANIAr
COUNTY OF CUMBERLAND
Y.A.~Z.,Q'!;:J;)Jig.f,;.JUM,__.", _. _.,,_
vs.
H.ARCROS.J.V./'W.rn..,LJlI.P,~L:;).YL 1:;1'-",
!l~,.JJ).9..!"!!!!_1~Hng_.....u".._,.....__.._..____..,.._..._.__." Shl1riU or, rleputy Shl1rUt of
CUMBERLAND County, P~nnByivania, who belny duly sworn according to law.
Iller V\'1d t,he wI thln namlad RJ;;ff;NOAliT",.PARB,Ef!,.liQRJ:1AN.. JlAJ.TLQJ.~LILNQ.QB/i;.:,.,..._,",
by Unlted Stat.es CertUt.,d Mail posta\]\'1 prepatd, on t.h.. ..;(,lHIL._ d<lY of
P_'l9,~_~lb.!'1[......,J~~}!L. 'It. g;~gljlill') I!l'JURS, "t. ::JPl.?BBM:H2.PN_ hV!';N1J!L~D.!.,JIIJ.~J,;SI_
P-Q...l!QlL.~~ ~~.. ,P'
rJ9.AN,QIU;LV.A~1\UB ,. ..._..'.", _ .
.-.,._"._~.. ~'-"-'O"-""7'
.-+ ..~-.. ,.~_.._,
a tr ue and aU""1tl/d I:OPY of th., uU:<lch.'d ..~Q.MEb.l\Jt!L"..._... ........._........._..._.__,.
Thli' ,,,turned 1'I;',:elpt, ca\-d was fH\1nO!'rJ by c.1Tf,.P.fH;:lLl'l.Ur;lift1JL......,__..._____,_,_.__.J
on JL!.lO~.'2_\?,.
Sheriff's GoatSI
Dooket In'1
Servicl:'
Affidavtt
Surcharge
CERTIFIED MAIL
6.0121
.00 . ',/',.;~ ..~,,,, ~
.00 ~,.
:2. 1210 R'.' ''I'FiOmaa .nRnii'e-;-"~nerTrr---
2 '15
,n0:"7S'''HANDI-ER & WIENER
v.J1126/l996
So .,.nLi"lf:l,r.a~..)
Sworn and 8ub8crlbe~ ~') bet ore me
i ~ 1 iii t _,J~~;_p ~ a y 0 C ;t..f...~""'~""'I."'""_,_",,.
_!1lJn.. I
- ~.,ap-~Cf~f-i.,......-n...".'.-..---
IE, :orne Court CT C=mmon Fle:::::s of C:.Jr.~~..~It'I=nc:! c':.JU';i',y, Pannsylvc::nla
George Vazquez and Charlotte Vazquez, his wife
'/S.
HarcrOB t.umber and Bulld log rlupplll!B I nc.
:-fe. 95 -7 ~ 0 I C i v tL.1.!u:!l\.--._-...
. 0
....--.
:-low,
January 03, 1996
~g_ !. SEZ~~ 0:: C!..';,ffiza!.A.:-ro COt.."'X':'Y. ?J\., cia
11C':hy ~= tb 5bJ::l.:.i 01
Pallphin
C~Ul1t'f 10 e..'t~.1t4 :J:.ls Wrlt,
:!:.!s dqlUClCaIS be!:lc :=lIl!.: U :=.: ~c ::.:Id :I..sk of the ?!i1!::i5.
./' . p.~
rlJ ""<'1..4X~
.. i
Sb~ ot C~~cI C~WltT. 111.
.
ASc:la.vit gf Semc:.=s
~ow,
J ~9
o':.!.ea
~[. Ie-.oed
..
J.... .
~e ':"i=
':POI1
~I
'01 =c!!:l.t :.0
c:::pt af ~c orit..::D.1
a.
:he .:::t1tC~:S ~~c:::i.
Uld ::wi4 lclawu :0
\
I
So lIJ:SWd,
5hci/l 01
Cowu.,., P:s.
Swam :md N1:=-.:i:d belen!
COSTS
sUvtCZ
~au.'\'GZ
.-\:"7!DAYIT
s
==:!:.!s_Qyol
!!!-
--....----.
s
t_._l
"
t \+)11'//1," ,
j,jU'/'i,/liV.t'f',::'("1 I I'., 'i'
, ",~l'Jp 'rA~ ,.o'1~~ ,."V101
,I,j' /' I 'I '.
"
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, ll"~ lull/l...
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I I II
P&NAL IV fOR PRIVATe
USE ro A'IOO PAVt,/ENT
OF POeT AG!, IIlOO
Print your name, addrees and ZIP Code here
t R. Thomas Kline, Sherif!
Cumberland Co. Courthouse
One Courthouse Square
Carlisle, PA 17013
:,!
,
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I
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I,;
II
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,
,
GEORGE VAZQUEZ ANO
C.tARLOTTE VAZQUEZ, ItlS WIFF,
:11'1 Till: COURT Of COMMON PLEAS
lor ClIMIlEnt.AND GOUNTY, PENNA
I'lnlllllll"
:CIVII. At: liON lAW
VB,
:JUIIY rIllALIIEMANI>EP
HARCROS LUMBER 11< BUILDING
SUPPLIES, INC.. n 8uhnldltll Y 01
IlARRISONS & CROSFIELO IAMEntCA)
INC., d/hln MOORE'S LUMBER (/<
BUILDING SUPPLIES; GROSSMAN'S
INC. d/blo MOORE'S A/KIA
MOORE'1i BUILDING SUPPLIES. INC,;
NORMAN UARRER nlld UAVID
W. HENRY, oneil IlIdlvlduolly nlld
tldlb/n MOORE'S LUMBER &
BUILDING SUPPLIES; ItARCIIOS LUMBER
& BUILDING SUPPUES, INC. nlld
IIARRISONS & CROSflEU> (AMEI1ICA)
INC..
:NO.
q') -,"lcI C I
. '1-0 ~'-'-S) 'T-.:"".,
DnfolHlontB
NOne.1i
Yo" hnvo 11"011 "",HI I" mUtt. II YOIl wlnh III d"lo"d Ollnlll"l IlIn ","ll11n nnl lorlll 111 Ihn lollowlllll
pnll""' yoo 11111"1 lIIko ncllo" wlllllll IWlllliY (~Ol doyn nllll' Ihl" <:olllplnllll IIlId 11011';11 01" "olvud, lIy
01110111111 n wIIIIIIII OppiHII'UIC" pill"o"nlly or IIY ollOlllOY ulld 1111110111 wlllll1l1 witll ,ho COlllI youI
dnloll"o" '" "hloc,lo,," '" 'hu c111I111B "0110'1111111"111'" yo", YIIII ilIU wnrrwd 1111I1 if yo"lnlllo do no 1110 ,
':0"0 Illny p,o<:ood will "'" I y"" 0,"1 0 jlldll""l1ll IIII'y 110 oll,,,,,,d nllnlll"l YOIl l1y 11111 c:nllll willlOlIl lurll101
l10tiCII '"' OilY 11101l0Y cl 11111 11111 III II III '''"II"IIl"'1 0' Ill' 'lilY 11111111 Cllllll' or 1.!!lol ""I'"1"1I](~l1y 11111 PI"llltlfl,
You I11ny lonn IIWIlIlY 01 pfollnrly lH olhnr dUlllH illlllllllHllllfl VOll,
YOU SHOULD TAKE 1I11S I'M'HI I U YOUfl LAWVm AT ONCE, IF YOU 00 NOT
HAVE A LAWYEn on CMINOT NHII1D ONI:, GO rn on T[;.EPIIONE THE OFFICE SET FORTH
BEI.OW TO FIND ou r Wllr:n[ VOU CAN GI'T l H1AI. IIEL1',
CllIohl!llfllld Coutlly Coml ^t1l1lilllsIl1l1nr
rOllrt" nIHil
C\llIIhnrlulld COllllty Cllwll1ulIlin
enrllnll1, PA I/O 1:1
'lolopl1ol1l1 1111l ~~O n ~OO
HANDLER AND WIENER
fly i)( y:L,,;tt/ /", II\) ,J(J__ rL.J!j'
w. Sc:olllll111111110. "0;". J
I.D.//:I27!J8
:ll!l Mnrko' Strolll
P.O. Uox 11 n
Ilnrl"lllllro, PA 1 '110B
II III ~:Hl ~OO(}
^"lHlllJ'I fol Plnilllllf"
,
GEORGE VAZQUBZ AND
CIIAI~I.O'I"r8 VAZQUBZ, HIS WI FI,:,
Plaintiftfl
VB,
HI\RCROS LUMBER & Blll!.PING
SUPPI,IES, INC., a lIubsidiary of
HARRISONS & CROSFIELD (AMERICA)
INC., d/b/a MOORE'S LUMBER &
BUILDING SUPPLIES; GROSSMAN'S
INC. d/b/a MOORE'S A/K/A
MOORE'S BUILDING SUPPLIES, INC./
NORMAN PARRER and DAVIn
W. HBNRY, each individually and
t/d/b/a MOORE'S LUMBER &
BUILDING SUPPLIES; HARCROS LUMBER
& BUILDING SUPPLIES, INC. and
HARRISONS & CROSFIELD (/lMERICI\)
INC. ,
Defendants
I LN '1'111,; cUlJl<'I' OF CUMMON l'1,EAH
(<ll" ClJMIlEl<l,ANll ('OlJN'I'Y, 1'1';NNA
I
( C L V!I, AC'l'ION ',AW
I
(dURY '1'1< LAL DEMANDED
I
(
: tlu 'h' If'; fI 6;,;,1 1i-~
I
I
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I
l'r;-' ~l"" r"" ..., ... ~,' (" r '. ,(') "/ . ,...
I I \ 1 . '." , . \, "t I ,'.' ,'- '~ ~'''Il")
InT,,!' "I,') \ ,":1, ! I, ,!
'I I" . " '
II i ,1,.ll~,;,.(j Ii! ~-~k i "llIl (I' .1,. ,I_L
IhiS.2~_d,\Y oiM.u.~k-. l',;1f,_
~L'Yf-'- (} J'H..h~. ~'1
Prothonotary
l:.-,C M P I, A ljlJ
AND NOW COME the Plaintiffs, George Vazquez and Chadotte
Vazquez, his wife, by and through their counsel, HANDLER &; WIENER,
and complain against the Defendants as follows:
1. pl;~intiff, C;eor'jle Vazquez, is an adult individual who
resides at 1119 East Lisburn Road, Medwnicsburq, Cumberland
County, Pennsylvania.
2. Plaintiff, Charlotte Vazquez, in an adult individual who
resides with hel husband, George Vazquez, at their residence
locatlld at 111 fl Eaflt Lisburn Hoad, Mechanicsbut'g, cumberland
County, Pennsylvania.
3. Defendant, lIiln;,ofi LUll1beL' r, l3ui l<1in9 SuppLi.eB, Inc. in a
Delawal'e Corporation Cjuilli:i,',ld to do bUflill'HW in th.' Commonwealth
,
of I'l.Innuylvdlll,I, wllldl llWlllJ Ill." 1-"i11 l!tllilt.,. illlllill.] "It. 144;1 Simp<l<lI'I
FelTY ROild, ('.Imp fli ll, CIII1\I,."1 LHld Cnllnly, p'"lllfJylv,llIiil ilnd which
l1\ilinlailHl .III ,>Ii iCll ilnd pia,'" ,>I hllilln"Ol/l known ,HI Moor"'1! 1 ,u 11\ 110 l'
I< Buildin~J supplit:!/l, said DI>!'L'lIdi'llll alwl 11l.1lnt..linu an oettel.l ane!
place (Jf Ruuin'HHl located ,Il _1!"i17 Brandon AVfllHlLl, P.O. Box 290B,
Roanoke, VA 24022 and hall a reqiEltl>I'nd office deui'1nated with the
Department of St.ate r: 10 Prent ice Ha ll, '319 Mal'ket. 5t reel,
Harrisburg, Dauphin county, PelllHJylVilnia,
4. Defendant flarcroo I.umbel'" Buildinq supplies, [ne. i<3 a
subsidiary of Defendant Hardflons I< Cr'osfield (Americi)1 [nc. and
which does business as Moore's Lumber & Building Supplies, also
known as Moore's, which now or formerly WilS a division of
Grossman's, Inc.
S. Grossman's Inc., is n Delaware corporation maintaining a
registered office of clo CT Corporation, 163S Market Street,
philadelphia, Pennsyl.vania, and which does busi.ness as Moore's
Lumber & Building supplies.
6. Defendant Norman Darrer is an adult individual who trades
or conducts business under the registered fict.itious name of
Moore's Lumber & Building Supplles and has an office or place of
business located aL 3517 Brandon Avenue, Southwest, Roanoke,
Virginia 24018.
7. Defendant David Henry is an adult individual who trades
or conducts business under the registered fictitious name of
Moore's Lumber, & Building Supplies and has an oftice 01' place of
2
~
bllllineSH ).)(:111'11<1 ..I' j'lI.'/ I\l'olllll<llI ^W!lllII/, 11'"11 hW"Hl., Hl),JII,)I\,),
Vlrqlnia ~40n,
U. ^t all I lllll'H 1II.lll'I'llll I L) l.hlll "'\\1111\ 01 ",,'lloll, lJ'o['llld.lIlL1J,
Hilt'Cl'OS I,Ulllb,!/." I, 1'l1lil<lIIl'.1 SI/(Jplll!ll, IIJI'" " IllillllldLll'Y ,Ii 1I;IITlHOIIIJ
& Cr,osUeld (1\lIIuI'icill ill';:. <l/b/" MU<1l''''I! I,ulllb"r f. llulldlll'lIJupplll!1l
DefenQant GrOBmnan'!J lllCo c1/b/,\ Ml)(l\"Il'IJ J,l1111 b,"",' I, Ilulldln'l Huppll."s
and/or Defendantu Norlllan P<lITer I, lJilvid 1I1:l1l:Y, W<ll"O .. I"ntail H(lllur
of lumber and buildinq sllpplieo,
9, ^t alllilllo,>] 11I011"'1'1.11 I'll l'ilLH o,:i1IItI'. of "cl.lllll, lJl,l't~ndantB,
Harcroa Lumber /, Uu"ildinq Sllpplinll, Inc. 0 .. IJllbuidJary u[ Ildt.'t:ifJOnfl
6< Crosfield (Amel"ica) fnc. J/b/a Mool"n's LumlH'!l" I, llulldin'J Supplll!s
Defendant (Jroflslllan'u, Inc. d/b/..' Moor(!'u LUIIII)(~I' and BuIlding
Supplies and/or Norman Darl'ol' /, David lIerll'Y, ';ach individually ilnd
t/d/b/a Moore's Lumbel' and Uu ildinq Supplies, dnd 1Ii1I:Cl'l)B LUlllber
and Building supplieEl, Inc., w'n-e the c1xclullive l)Wn"n3, pOf1l30SS0rs,
and managers of, and had excluslv," contn>l ()VI;I~ the' lIt.o/:e premises
located at 3442 8im9'301l FelTY Road, Camp Hill, cumberland County,
Pennsylvania.
10. On or about January 1.4, 1~~4, Plaintiff, George Vazquez,
was lawfully upon Defendants' premiseD as an invitee to purchase
from said Defendants various building materials and supplies.
11. At the time and place aforesaid, PLlintiEf, George
,Vazquez, as din;cted by t h" De f'!ndant 13, l. ta agentfJ, l3er'lants, Ol'
employees, backed up his truck to the area of the concrete loading
dock outside De fendi'llltS, atcr<J
3
,
1:1.. l\t the tilll" ,we! pliW" .ILol<,,,.lld, pldlntiff, ,,,.urql'
Vav.qllc'1.. iltt.llllpt:.ld to ..xIL hill t1'Il('k ilnd nh'f' Olll,j th" lo..dlll'l
do(:k. ^fJ hI;.! tJLt~ppt?d UIlL() II wq~)d plank ;It Ll1l~ ,~r.iql) llf l.lp.' l'l1Ill:1-'I~tn
10ilding clocl~ tlw pll!c" oL wllod '1ilV,' way ilnd c';iHHI..,d hl.lII to Lall
violentJ.y bet.Wt1en hio tLllck ilnd thl' !.,)lId i 11\1 dock.
COUNT I
GEORGI VAZQUEZ v. HARCROS LUMBIR AND BUILDING SUPPLIES, INC.
13 .
Plaintiff, (;(~(lrge Vaz(lue~1
illC01'po1'at'lll !\l,n-eill by
reference t.he allC''1ilt lOlll; .1I1d .1V."'III'.'lll" ' f l"lr.\'lt"f'h:; 1 I hl'ollq1l I')
above as fully as 11' t.h,~ nallll' wen' 1Ie1">'lll 0'1l Lot't!; ,ll l'~l1"Jt.h.
14. At all til1\es lIIaterial to this cause of actic'Jn, Defel}dant,
Harcros Lumber & Building Sllpplies. Inc., was the exclullive owner,
possessor, and manager of, and had exclusive cont1'ol over the sto1'e
premises located at 3442 Simpson Ferry Road, Camp Hlll, cl\mberland
county, Pennsylvania.
15. The occur1'ence of thio incident ilnd t.he Revere personal
injuries resulting therefrom was the direct and proximate result of
I
the negligence of i;he Defendant, generally and more specifically as
set fort.h below:
(a) in failing tc protoct its busineAs inviteet3, and in
particular, plaintif.f, Georg" Vazqum~, fl-om the
dangerous condition exist.ing on the loading dock as
aforesaid I
(b) in failing t.o wanl of the latent dang'~r it
knew existed on t. he loading dock at t.he t iloe
Plaintiff, George Vazquez, its business
invitee, was lawfully upon the loading dockl
(c) in failing inspect. the 10adin<J dock, .1lld in
particular, the area where the o[fendin<J piece
of wood WilfJ locat,,,d in o~'der t.o diocover its
dangerous cond i t ion I
4
,
,
" I
,
(d) in talllll<J to dln<:ovl~l' th,'" dnWJul'olll/ condlt'lon
which '!Xinted 011 tho loadin~J dock to th"
dotl'illl,'nl' of lit! buulll'HHI invitQen, illld In
pal'tlcuL.ll', PL.llnt.iU, U'''ll''Jll V.II.'1Uel.l
i
ill
'Ii.;
.
'. ,
, ,
,
(e) in failillg to take l'easonabll1 pl'l1Caut 101111 to
protect its bUflil1l1sn invit'h!s, ,Itld ill
pal'ticular, Plaintiff, G'.J01",~(! Vilzquez, tl:'Oln
the foreseeable dallgl~l' exist ill(, on th,.] 10adin9
dock by the offlmding piece of wood;
(f) in failing to use reasonable care not to
injure its business invitees, and in
particular, Plaintiff, Gem'ge Vazquez, by
removing or securing the offending piece of
wood which gave way under him;
(g) in failing to install a sturdier plattonn or
replace the of fending piece of. wood so that
its business invitees, and in particular,
George Vazquez, could use th,~ platform with
assured safety;
(h) in failing to properly maintain the loading
dock in a safe condition for its business
inviteos, and in pal"ticular, th,~ Plaintiff,
George Vazquez;
(i) in allowing the loading dock, or platforlll, to
remain in a dangerous condition when it knew
said condition existed and that its bUHiness
invitees who purchased building or lumber
supplies would continue to use the loadillg
dock to obtain their goods;
(j) in continuing to direct its business invitees
who purchased building or lumber from its
store to use the loading dock to obtain their
goods when it knew that the loading dock was
,unf.lafe for normal use.
16. As the direct and proximate result of the negligence of
the Defendant, Plaintiff, George Vazquez, has sustained BedauB
personal injuries, inc:iuding, but not limi tecl to, a herniated
~ervical disc at eG-? level, lumbar fibrosio at the L5-St level and
8-1 nerve root impingement and radiculopathy, all of which may be
permanent in nature.
5
'\,' .
1"1, An a l'uL'th'll' l."!lllltt.l)f I hl.! nl!'JL.i'lI.'II"" <If I he' J)c.fOlld,1ll1 ,
Plaintil'l" (j(!,n'\Jll Vil?'1Ul~?, hiw Illll'f.<H' hUlJJi Ilat iOll, I'lJJl>dlT,llHlltIIIIII,
ilnd 'HIll nlflult thul.'l.!ol', hl.! hall flufbHOd, .1Ild wi.11 \.'0111 inti" 1.1)
suffer in t.he [utUt'f.l, paln and illJony to hiH llrl.'dl d,ttrill\(n1t 'HId
101313,
1.8. As a nlBull: of the lleC) U\Jonc.! of I' hE! P,!hmdant,
lllaintJ,ff, GeorC)e Va~qul'!z, hilS been and probably will in tho future
be hindered froltl attending to hitl Utlua I oCCllpat ion and dally
duties, to his \1L'eat d<itriment alld financial to/lB.
19, As a l.'usult of the negti<]<1l1CP of t1l<! DI~fendant,
Plaintiff, George VIl7.que~, has undeL'goll(.1 great physical l?ain,
discomfol"t and mental anguish, and ho wi 11 cant i nu,! to endure tile
same for an indeHnite pcd.ad of time in th,~ Cutun', to his great
physi(:al, emot ional and t inanctal dctt-im'.Il1t and 10m).
20. Plaintiff, George Vazquez, belie~es and therefore avers
that hia injuries are permanent in lIature,
2J.. Aa a result of the negligence of the Defendant,
Plaintiff, George Vazque~, haa bel~n compelled, in orde\: to effect
a cur<' for his injuries, to expend lal'ae SUItIB of money for medicine
and medical attention and he probably will cont.lnllo.1 to incur
medical expenses in the future.
22. As a furt Iwt' result of the negl igencll of' the De fendant,
Plaintiff, George Va7.quez, has incurred lost wages ilnd a loss of
earning capacity, aB a result of which he will 1ncur future lost
wages.
G
(c) in t"dLllI'] lUllpo>':1. Ih.. lUddlll'l ,jc:\l:II, olud III
lh1l'ticlILllr, thll dl'I.;~iJ WhflJ."O thlJ (}f"II!l1dilllf l~i,~(!,'
of wood W'H1 ]u',:olled III nnlt'I' I,) dlucllvfn III!
<lang..ruuH l'Ulldit!UIlI
(d) in fai 1 ill'I to diucovet.' thn dall'J'HOlW cund!.t i.on
which <1xiul:l!d 011 the lo,ldinq dock to th(~
detl'illlent of [tu bUfll,n<Wll Invit'~l!II, and in
pal'ticulat.', Plaintiff, G,wl:'Je VIl:l'lUO:l1
(e) in faiUng to take l'eilsonubll! 1>J.'(!cautions to
l11'ot(1(:t its business invit(wu, and I.n
particular, Plaint.if f, Geol'CjG V,IZqUElZ, frolll
the foreueeable danger existinq on the loadlnq
, dock by the offending piece of wood,
(E) in failinCj to USe n~asor)llble cal'e not to
injure i.ts b'"sineutJ inviterH!, and i.n
particulut, Plaintiff, Geol'Cje Vazquez, by
removing or securing the o[[ellding piece 01'
wood which gave way under himl
(g) in failillg to install " stut'diE!r platfol:1II ot."
replace the of fending piece of wood IJO t.hat
its business invitees, and in particular,
George Vazquez, could use the platform wi th
assured safetYI
(h) in failing to properly maintain the loading
dock in a safe condition for its business
invitees, and in particular, thG Plaintiff,
GeQrge Vazquez;
(i) in allowing the loading dock, or platform, t.o
remain in a dangerous condition when it knew
said condition existed and that its business
invitees who purchased buildil!g or lumber
supplies would continue to use the loading
dock to obtain their goods;
(j) in continuing to direct its business invitees
who purchased building or lumbGr frol11 its
store to use the loading dock to obtain their
goods when it knew that the loading dock was
unsafe for normal use.
26, As the direct and proximate result of the negligence of
the Defendant, Plaintiff, George Vazquez, hilS sUlilt.ained flerious
personal injudos, including, but not limited to, a herniated
8
("H'vic:alllJ.uc ill'. ('(,," I ,,'v.d, IlImb,li' I.ibl'llllln ill. tll.! I,'"S) JyV..] dlld
~';" 1 norv,., l'l)ot lmpiIl'I"m"III' ,nld r,ld\.,!ulopathy, .Ill llf whi(:h tlJdY b..
p<!rmanent in nllt;UI:<1.
27. All a fUt'ther' l"'llult of thl! negligence of tile 1J"f;.,nd,lllt,
Plaintiff, Gear'll! VI.l7.qu,,,z, IhllJ f1utt,!l' Ilumlliatlnll, cJlllb'll't'iuHlw'nt,
and as a l'fwult th,!reof, III! lias fluff(!rc~d, alld wi II continu(! to
suffer in the future, pain and agony to his groilt detriment and
loss,
28. An i\ re,]Ult of the negligence of the Defendant,
Plaintiff, George Va7.quez, hall been and probably will in the future
be hindered h'om attending to his usual occ:up<Jtlon and daily
duties, to his great detr'illlent and financial loss.
29. As a result of the negligence of the Defendant,
Plaintiff, George Vazquez, has undergone great physical pain,
discomfort and mental anguish, and he will continue to endure the
same for an indefinite period of time in the future, to his great
physical, emotional and financial detriment and loss.
30. Plaintiff, George Vazque7., believes and therefore avers
that his injuries are permanent in nature.
31. As a result of the negligence of the Defendant,
Plaintiff, George Vazquez, has been compelled, in order to effect
a cure for his inj ur ieB, to expend lar.go sums of money for med ie lne
and medical attention and 11(' probably wi 11 continue to incur
medical expenses in the future.
32. As a further result of the negligence of the Defendant,
Plaintiff, George Vazquez, has incurred lost wages and' a lOBS of
9
JG. Au t1w dll'''cl "nel [llo:dmoll'" 1"'11111.1 "I I iii' """111,1"""" "I
t1w l1u!:<mdallt, l'l.dnlilt, 'j,:'or'l" Vd~qll"'~. liall 1111111,11111.'11 1lI'llollll
penlGllill I.nJlIril.fl, I.n,:lllelill~J, blll 1101. I imll,,,1 1", 01 li'tl'lIl.1i ,'d
cervical diHe at Crj.." ll;Vld, lllmbal' fibl.'<l/Jln al. th,' 1.':,-B1lnv';d ilnd
8-1 nerve root lmpingement ilnd radiclIloplll:hy, all of whlc:h may bn
permanent in nature,
37. As a furth'H' nmult of the negllgl'lnGI~ of lli,~ llefenrlant,
Plaintiff, George Vazquez, has suffel' humi llation, AmbarrasBm<lnt,
and as a l'esult th'2l<10f, lie liafl nut I:Ol'od, dnd wi 11 cont inuo to
suffer tn the future, pain and agony to hl13 great detrimcnt dnd
loss.
38, As a result of the negligence of the Defendant,
Plaintiff, George Vazqucz, has b'''H1 alld probably wi II in the futlll'('
be hindered from attending to his usual occupati.on and daily
duties, to his great detriment and financial loss.
39. As a result of the negligence of the Defendant,
Plaintiff, George Vazquez, has undergone great physical pain,
discomfort and mcntal anguish, and he will continue to enduro the
same for an indefinit8 pel-iod of time in the future, to his great
physical, emotional and financial detl-iment and 10s8.
40, Plaintiff, George Vazquez, believes and therefore avers
that his injuries are permanent in nature.
41. As a result of the negligence of the Defendant,
Plaintiff, George Vazquez, has been compelled, in order to effect
a cure for his injuri'~o, to expend 1<11'g8 Hum" of money for rne(licln"
12
fit. Au d ni1tJ\llt flf th.., )l!.(Jltq~HI~~'! ul till! r-h~l.(llld,llltn,
PlaintHI", r.I'101'q'! V<lZ'I'I'lZ, hew b",.1l "olllpl"ll",l, in lll'c1I>t' to (,Iind"
a curtJ lor hiB illJurlc>tJ, Iu <1XP(lllcl 1..11'./0 llllllltl ot m'}Il"Y tnl 111,'<1 lc Ill,"
and 111,,,lic,tl ilttl~lltioll ,lilt! hl' lH"obably wlll conl'illlll! tl) illcur
medical llxpellses in tbl~ future.
52. As.:t furtlwl' n~'lult of the ne~Jliqenc" ol tho llofendanta,
Plaintiff, George Vazquez, has incurred lost wagou ,llld il LOBS of
earning capacity, all a result of which he will inclll' fut.ut,'e lost
wages.
WHEREFORE, Plaintiff, George Vazquez, lleek" damaq'''s from the
Pefendants, Norman OarJ:"er and David llenJ:y, 'lach indi v iduall y and
t/d/b/a Moore's [,ulllbel" and Building SUppllf!B, in an amount in
excess of Twenty-Five Thousand Dollars 1$25,000.00), which exceeds
the jurisdictional amount requiring compulsory arbitration.
COUNT V
GEORGE VAZQUEZ v. HARRISONS & CROSFIELD (AMERICA) INC.
53. Plaintiff, George Vazquez, incorporates herein by
reference the allegations and averments of pa~agraphs 1 through 52
above as fully as if the same were herein set forth at length,
54. Defendant Harrisons & CrofJfie ld (America) Inc. ts a
Delaware corporatton which maintains an office <lnd place of
business located at 2374 Post Road, Warwick, Rhode ls\and 02886.
55. At all timp.s matel'ial to thif,l cause of action, Defendant,
lIaJ:"risons & Crosfielrl (Am'H'ical was the exclusive own'lr, possessor,
and manager of" and had exclusive control over the Btore pr~misell
16
Lt]',~iltHd ,1t l4'l~ SiIl1PI1')I\ I"ctll'Y J{odd. C,lII1P 1I11L, ,'llllIl'I.'lldll'l ('''11111'1,
1'(!llIlUY I V,lll [,1,
5C" 'l'h,! 'IC',~UIT'!IIC'" ot I' h I.u 11l,~hl<JIIt ,11)11 till'l II"V'~rll pOnlOlld J
injul:ies I;'ellultiWI th<ln~l'rom WIlU tho dir'l'h:t ,\lId IH',)X[IIi,llu lOUlIll' of
the negl.igence of t111~ ll';~f"nddnt, '1'!lll'I'ally '1IId 11101:0 up,'cf.t killJ.y ,1U
set for.th belowl
(a) in tail ing to Pl'otc,;t ita bUflincsu invit'~'HJ, and in
particular, Plaint Iff, Geol'gl! Vuzquez, f1'0ll1 the
dangel'olls conditioll existing on the loading dock au
aforeaaid;
(b) in fai 1 ing to warn ot th(' Idt'~nt diwC/o!' It
knew ,~xil3t,!d on the 10'1din'I dock at 1:1ll' 11111'.'
Plaint i f t, Geol'ge Vazqlll1Z, Its blluill<HJt3
invitee, wall lilwflllly upon the loading dock;
(c) in falling inspect the loading dock, and in
particular, the area where the offending piece
of wood was located in order to discover its
dangerous condition;
(d) in failing to discover the dangerous condition
which existed on the loading dock to the
detriment of its business invitees, and in
particular, Plaintiff, George Vazquezl
(e) in failing to take reasonable precautions to
protect it B business invi tees, and in
particular, Plaintiff, George Vazquez, froll1
the foreseeable danger existing on the loading
dock by the offending piece of wood;
(fl in failing to use reasonable care not to
injure its business invitees, and in
particular, Plaintiff, Oeorge Va7.qu,~z. by
removing or s'2cudng t.he offending pie,:e of
wood which ~lave way uno,;!, I\im;
(g) in tail in'} to inst.nll a sturdier plat.fol'1Il 01'
l'eplace the attending pioee of wood 60 that
ita business invitees, and in particular,
George Va7.quez, could uae the platform with
aSl!lured safety;
(h) in tailing to properly maintain the loading
dock in a safe condition tor its bunin<!sa
17
invil.l]'~II, ilnd in pal'llqll'lr, tip! Plilinl I II,
(jnnn:rp Vd~qlln~ 1
(i) I.n ,lllllwill'll.h" l(),ldill~J dock, u~ pJ.dll.'lllll, I'J
r'lmdin in ,] d,Iil<J'"L'OIW c.:'mdil.i.lln wllon i.L kn"w
~laid condition oxiutlld dnd lllill itu llllllJ.n'HlfJ
invitol1fl who pUl"chiHlf!d bulldi.nq or 1Ilmb'lr
supplies would continuo t.o UI3'~ tho lOilllinq
dock tQ obtain their 900,!ll/
(j) in continuing to din!..:t ito bUldnutJll illVllHlHJ
who purehased building or lumbnr I.L'Otll it.s
store to use the loading docl\ to obtain theil'
gOClds when it knew that the lo,Hlin'J docl\ wlln
unsafe for normal use.
57. As the direct and proximato result of the negligence of
the Defendant, PlaInt if I., George Vazquez, has BUllta ined ser iOlw
personal inj udes, Including, but not lJ.m.ited to, d hernIated
cervIcal ':!lsc at C6-'1 level, lumbar fibrosis at the L~;"Sl levI!l and
8-1 nerve root impIngement and radiculopathy, all of which may be
permanent in nature.
58. As a further result of the negligence of the Defendant,
Plaintiff, George Vazquez, has suffer humiliation, embarrassment,
and as a result thereof, he has suffered, and will continue to
I
suffer in the future, pain and agony to his great detriment and
loss. '
59. As a reRult of the negligence of the Defendant,
Plaintiff, George Vazquez, has been and probably will in the future
be hindered from attending to hifJ usual Occupi.ltion and daily
duties, to his great detriment and financial 10UH.
60. As a reoult of the negligence of th.' Defendant,
Plaintiff, Georg(~ Vazquez, has undm'golw grcat. phyui':al pain,
discomfort and mental anguish, and be will continuo t.o endUl'(! the
18
9<3mEl fOl' iln illduf'inil.) pill lml ,<)f' I:.lml) III Iht! 1111:11)'<1, 1:<> hill 'Jr'~i.lt
1,1'1I"'!'-':11 ')11\01" 1, "11 ,,, I Ii" 1'1,'l II ,1,.",1""'111 ,,, I I. 'I t'
61. Plaintiff, C;'Jot'<jf! VazqlllJ~, beli'lve~ illlrl 11l'~I'll/"lt.-'.l ilV'-Jl'1l
that his injuriell an) !J'H'mi1n'~nt in niltlll't).
62. As a result of t.lle n'l<Jll<J'~IICII of t.1l.) Dttfendanl:,
Plaintiff, Ueorge Vazqll',~, h.:w lJe'~n ,:nmp.;>ll'Jd, in <H-der to .j[Eer:t
a cure Cor hil3 injuries, t.o expend large slims of money for medicine
and medical attention and he prr)bably will continue to incur
medical expenses in the future,
63. As a further result of the negligence of the Defendant,
Plaintiff, George Vazquez, has incurred lost wages and a loss of
earning capacity, as a n,sult of which he will incur f\ltUl'C lost
wages.
WHEREFORE, Plaintiff, George Va~quez, seeks damages from the
Defendant, Harrisons & erosfield (America) Inc., in an amount in
excess of Twenty-Five Thousand Dollars ($25,000.00), which exceeds
the jurisdic~ional amount requiring compulsory arhltration.
COUNT VI
CHARLOTTE VAZQUEZ v. ALL DEFENDANTS
64. Plaintiff, Charlotte Vazquez, incorporates herein by
reference the allegations and averments of pal'agraphs 1 through 63
above as fully as if set forth at h!l1CJl:h.
65. As a result of I:h,') DeEenrlant'1l nll<jli90nce, the Piaintiff,
Charlotte Vazquez, has fHl/'fererl the loss of consortium, society and
comfox.t from her husband, George Vazquez, and sho will continue to
suffer similar 10s8 in the future.
19
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of Paragraph 6 state conclusion a of law to which no answer Is raqulred. To the e~tent en
enawar la deemed requlrad, the everments are denlad and proof thareof la demended at trial.
7, It la admitted that Daniel Henry Is an adult Individual, the remaining evarmenta
of Paragraph 7 state conclualons of law to whlGh no answer Is required, To the e~tent an
anawer la deemod requlrsd, the avormsnts are denied and proof thereof Is demended at trlel.
8. It Is admlttad that at tha tlmo relevant to this accident, Defandent Haroroa
Lumber & Building Suppllea, Inc., t/d/b/a Moore's Lumber & Building Suppllaa, was a retail
seller of lumber and bUilding supplies end conducted business at 3442 Simpson Ferry ROlld
In Camp HIli, Pennsylvania. The remaining averments of Paragraph 8 state conclusions of Isw
to which no answer Is required. To the e~tent an answer Is daemed required, the IIverments
are denied and proof thereof Is demanded at trial.
9. It Is edmltted that Defendant Harcros Lumbar & Building Supplies, Inc" tldlble
Moore's Lumber & Building Supplies, was the e~c1uslve owner, possessor and manager of,
with e~cluslve control over the store premises located at 3442 Simpson Ferry Roed, Camp HIli,
Pennaylvanla. The remaining averments of Paragraph 9 state conclusions of law to which no
answer Is required. To tha e~tent an answer Is deemed required, the averments are denied
end proof theraof Is demanded at trial,
10. Admitted,
11. Aftar raasonable Investigation, the Defllndant Is without knowledge or
Informetlon sufficient to form a belief as to tha truth of thesa averments, and proof thereof Is
demanded at trial.
12. After re8Bonable Investigation, the Dafendant Is without knowledge or
Informetlon sufficient to form a belief 8B to the truth of these allegetlons, and proof thareof
Is de mended at trial.
2
46.52. Whlla denying any nagllgance on their perte, the Defendants etltl thlt
after rllaaonlbll Inveatlgatlon, they are without knowledge or Information eufflclent to form
I belief IS to truth of the ramelnlng avarments of Peragraphs 46 through 62 end proof tharlof
Ie damanded It trial.
WHEREFORE, Defendants demend judgment In their favor and agalnet Plaintiff.
COUNT V
GEORGE VAZQUEZ v. HARRISONS & CROSFIELD IAMERICAIINC.
63. The Defendant Incorporates hsreln by reference the answers to Parlgraphs 1
through 62 above as If sat forth at length.
64. Admitted.
66. Denied. On the contra/v, 8t the time relevant to this action, Defendsnt, Harcros
Lumber and Building SUppllllS, Inc., t/d/b/a Moore's Lumber & Building Supplies was ths
exclusive owner, pot!lsessor, and managar of, with exclusive control over the store premlsea
located at 3442 Simpson Ferry Road, Camp HIli, Pennsylvania.
66. The avermants of Paragraph 66 are denied In accordance with Rule 1 029(el of
the Pennsylvania Rules of Civil Procedure.
67.63. While denying any negligence. on Its part, tha Defendant statas that after
reasonable Investigation, It Is without knowledge 01' Information sufficient to form a ballef as
to the truth of the avermants of Paragraphs 67 through 63, and proof thereof Is damanded at
trial,
WHEREFORE, Defandant demends Judgment In Ite favor and against Plaintiff.
6
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