HomeMy WebLinkAbout94-3570 Civil Law 2/13/95 - #2 - Judge
ROBERT L. KAUFFMAN and : IN THE COURT OF COMMON PLEAS OF
MADELYN A. KAUFFMAN, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs :
:
v. : CIVIL ACTION - LAW
:
MODERN EQUIPMENT RENTALS; :
MODERN GROUP, LTD.; :
MODERN HANDLING EQUIPMENT :
CO.; MODERN HI LIFT :
EQUIPMENT CO.; HYSTER :
COMPANY, :
Defendants : NO. 94-3570 CIVIL TERM
IN RE: PLAINTIFFS' PRELIMINARY OBJECTIONS TO NEW MATTER
OF DEFENDANTS MODERN EQUIPMENT RENTALS, MODERN GROUP, LTD.,
MODERN HANDLING EQUIPMENT COMPANY, AND MODERN HILIFT
EQUIPMENT COMPANY
BEFORE HESS and OLER, JJ.
d
ORDER OF COURT
AND NOW, this ay of February, 1995, upon consideration of
Plaintiffs' preliminary objections to new matter of Defendants
Modern Equipment Rentals, Modern Group, Ltd., Modern Handling
Equipment Company, and Modern HiLift Equipment Company, for the
reasons stated in the accompanying Opinion, paragraph 135 of
Defendants' new matter, asserting as defenses laches and the
statute of limitations, is STRICKEN. In all other respects, the
preliminary objections are DENIED.
BY THE COURT,
J. Wesley Oler~, Jr., J. ~
Henry F. Coyne, Esq.
Lisa M. Coyne, Esq.
3901 Market Street
Camp Hill, PA 17011-4227
Attorneys for Plaintiffs
Michael P. O'Connor, Esq.
Thomas S. Mellon, Esq.
1429 Walnut St., 12th Floor
Philadelphia, PA 19102
Attorneys for Defendants Modern
Equipment Rentals, Modern Group
Limited, Modern Handling Equipment
Company, and Modern HiLift Equipment
Company
Charles W. Rubendall, II, Esq.
Keefer, Wood, Allen & Rahal
P.O. Box 11963
Harrisburg, PA 17108-1963
Attorney for Defendant Hyster
Company (now NACCO Materials
Handling Group, Inc.)
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ROBERT L. KAUFFMAN and : IN THE COURT OF COMMON PLEAS OF
MADELYN A. KAUFFMAN, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs :
:
v. : CIVIL ACTION - LAW
:
MODERN EQUIPMENT RENTALS; :
MODERN GROUP, LTD.; :
MODERN HANDLING EQUIPMENT :
CO.; MODERN HI LIFT :
EQUIPMENT CO.; HYSTER :
COMPANY, :
Defendants : NO. 94-3570 CIVIL TERM
IN RE: PLAINTIFFS' PRRLIMINARY OBJECTIONS TO NEW MATTER
OF DEFENDANTS' MODERN EQUIPMRNT RENTALS, MODERN GROUP, LTD.,
MODERN HANDLING EQUIPMENT COMPANY, AND MODERN HI LIFT
EQUIPMENT COMPANY
BEFORE HESS and OLER, JJ.
OPINION and ORDER OF COURT
Oler, J.
This products liability case arises out of a knee injury
allegedly sustained by Plaintiff Robert L. Kauffman while operating
an electric forklift furnished by Defendants Modern and
manufactured by Defendant Hyster. For disposition at this time are
preliminary objections of Plaintiffs to new matter of Defendants
Modern.
Substantially similar preliminary objections of Plaintiffs to
new matter of Defendant Hyster have been disposed of by an Order
and accompanying Opinion of this Court (Hess, J.) dated January 17,
1995. A copy of the same is appended hereto and incorporated
herein.
With respect to allegations in paragraph 135 of Defendants'
new matter asserting generally defenses of laches and the statute
of limitations, Defendants' counsel agreed at oral argument to
entry of an Order striking the paragraph in view of information
received thus far in discovery. For the foregoing reasons, the
following Order will be entered:
ORDER OF COURT
AND NOW, this day of February, 1995, upon consideration of
Plaintiffs' preliminary objections to new matter of Defendants
Modern Equipment Rentals, Modern Group, Ltd., Modern Handling
Equipment Company, and Modern HiLift Equipment Company, for the
reasons stated in the accompanying Opinion, paragraph 135 of
Defendants' new matter, asserting as defenses laches and the
statute, is STRICKEN. In all other respects, the preliminary
objections are DENIED.
BY THE COURT,
J. Wesley Oler, Jr., J.
Henry F. Coyne, Esq.
Lisa M. Coyne, Esq.
3901 Market Street
Camp Hill, PA 17011-4227
Attorneys for Plaintiffs
Michael P. O'Connor, Esq.
Thomas S. Mellon, Esq.
1429 Walnut St., 12th Floor
Philadelphia, PA 19102
Attorneys for Defendants Modern
Equipment Rentals, Modern Group
Limited, Modern Handling Equipment
Company, and Modern HiLift Equipment
Company
Charles W. Rubendall, II, Esq.
Keefer, Wood, Allen & Rahal
P.O. Box 11963
Harrisburg, PA 17108-1963
Attorney for Defendant Hyster
Company (now NACCO Materials
Handling Group, Inc.)
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