SCHLOTTER v. VAN DER EIJK et al

Filing 1

COMPLAINT against ERB INTERNATIONAL, INC., GRAHAM VAN DER EIJK ( Filing fee $ 350 receipt number 049841.), filed by KRISTEN SCHLOTTER. (Attachments: # 1 Civil Cover Sheet)(mima, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYL VANIA
KRSTEN SCHLOTTER:
3 Valley Circle
Doylestown, PA 18901
Plaintiff,

Civil Action No
GRAHAM V AN DER EIJK:
1662 Erbs Road, UN 1 ST
Agatha ON NOB2LO:

and
ERB INTERNATIONAL, INC.
290 Hamilton Road:

New Hamburg ON N3A1A2
Defendants.

PLAINTIFF'S COMPLAINT AGAINST DEFENDANTS

Plaintiff

Kristen Schlotter, submits this Complaint against Defendants, Graham Van Der

Eijk and Erb International, Inc., stating:

PARTIES

1. Plaintiff is domiciled in and a citizen of the State of Pennsylvania, residing at 3

Valley Circle, Doylestown, Bucks County, Pennsylvania 18901.

2. Defendant Graham VanDer Eijk ("VanDer Eijk") is domiciled in and a citizen
of

Canada, residing at 1662 Erbs Road, UN1 ST, Agatha, ON NOB2LO.

3. Defendant Erb International, Inc. is incorporated under the laws of Canada and

has its a principal place of

business at 290 Hamilton Road, New Hamburg, ON N3A1A2.

Defendant Erb International, Inc is a citizen of Canada.

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4. Defendant Erb International, Inc. is a long distance trucking company regularly

conducting business in Pennsylvania.

JURISDICTION AND VENUE

5. Jurisdiction exists by virtue of diversity of citizenship, 28 U.S.C. § 1332.

Plaintiff is a citizen of the Commonwealth of Pennsylvania. Defendants are citizens of

6. The amount in controversy exceeds seventy-five thousand dollars

($75,000.00), exclusive of

interest and costs.

judicial district under 28 D.S.C. §1391(a) and (b), as it

7. Venue is proper in this

is the judicial district in which a substantial par of the events or omissions giving rise to the
claim occurred.

FACTUAL ALLEGATIONS

8. On or about October 20,2009, at about 6:18 p.m., Plaintiff

Kristen Schlotter

was the restrained driver of a Mitsubishi Eclipse, which was stopped behind several other cars
in traffic in a designated construction zone on SR 222 in West Earl Township, Lancaster

County, Pennsylvania. At that time, Plaintiffs car was suddenly and without warning struck
from the rear by a tractor-trailer that was being operated by Defendant VanDer Eijk.
9. Defendant VanDer Eijk's negligent, careless or reckless acts or omissions

were the sole cause of the accident. The collsion was not due in any maner to any act or
failure to act on the par of plaintiff.

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10. The violent impact of

Kristen

Defendant Van Der Eijk truck with the rear of

Schlotter's car caused a chain reaction of collsions with the cars that were stopped in front of
her car.
11. On the date of the accident, the tractor trailer that was driven by Defendant

VanDer Eijk was owned by Defendant Erb International, Inc.
12. Defendant Erb International, Inc. employed Defendant Van Der Eijk as its

employee, agent and servant, and the authorized operator of its tractor trailer.

13. At the time of the accident, Defendant VanDer Eijk was acting within the

his agency and employment with Defendant Erb International, Inc.

scope of

14. Defendant Erb International, Inc. is liable for the acts of

Eijk by way of

Defendant Van Der

vicarious liability and/or respondeat superior.

15. When the Defendants' truck collded with the Plaintiffs car, the car was
shoved into the car in front of

hers. Ms. Schlotter was jolted back and forth and experienced

"double whiplash" injuries. The accident caused permanent injuries to her head, neck, back
and spine, right shoulder, left shoulder, and left knee, as well as other injuries.
16. Diagnostic tests revealed that Ms. Schlotter suffered, inter alia, a broken neck

vertebrae C2. Medical

in the accident. Specifically, she sustained non-displaced fractures of

providers also diagnosed that as a result of the accident, Ms. Schlotter suffered post
concussion syndrome, depressive disorder and post traumatic stress disorder.

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17. Kristen Schlotter sustained permanent injuries and both immediate and long-

term pain and suffering in the accident. Her injuries include, but are not limited to: C2
fractures, cervical pain, paraspinal tenderness, thoracic pain, bilateral shoulder pain, clavicle

pain, left knee pain, muscle spasms, headaches, dizziness, black-outs, tinnitus,

photosensitivity, sonophobia, memory loss, decreased cognitive fuction, anxiety, depression,
sleep difficulties.

18. At the time of

the accident, Ms. Schlotter had

just begun her freshman year at

the injuries she sustained in the accident, she had to

Milersvile University. As a result of

withdraw from college.

19. As a result of the accident, Kristen Schlotter suffered financial

losses,

including school-related losses, loss of income and loss of earing capacity.

20. As a result of

the accident, Kristen Schlotter has incured medical expenses and

wil continue to incur future medical expenses.
21. As a result of the accident, Kristen Schlotter has and wil continue to sustain

mental anguish and a loss oflife's enjoyment.

COUNT I - NEGLIGENCE PLAINTIFF KRSTEN SCHLOTTER V. DEFENDANT GRAHAM VAN DER EIJK
22. Plaintiff incorporates herein by reference paragraphs 1 through 21 of this

Complaint.
23. Defendant Van Der Eijk owed Kristen Schlotter a duty of care with respect to

the operation of his motor vehicle.
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24. The collsion and Kristen Schlotter's injuries and damages are directly and
proximately caused by the negligence, carelessness and/or recklessness of

Defendant Van Der

Eijk in that he:

(a) Operated his truck in a reckless, careless and negligent maner and at an

improper, excessive rate of speed under the circumstances;

(b) Operated his truck at a speed greater than is reasonable and prudent under

the conditions and having regard to the actual and potential hazards then existing;

(c) Operated his truck at a speed greater than wil permit the driver to bring

his vehicle to a stop within the assured clear distance ahead;

(d) Failed to operate his truck at a safe and appropriate speed when

approaching a designated construction zone;

(e) Failed to take adequate evasive maneuvers required to avoid an accident;

(f) Failed to have his truck under proper and adequate control at the time of

the accident;

(g) Failed to bring his truck to a complete stop;

(h) Failed to maintain a reasonable lookout for the presence of other motor

vehicles on the road;

(i) Operated his truck without due regard for the rights, safety and position of

Plaintiff

Kristen Schlotter in violation of statute, including, but not limited to, 75 Pa. C.S. §3714;
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G) Failed to exercise due and proper care;
(k) Failed to observe traffc and traffic conditions; and,

(1) Otherwise operated his truck negligently as consequences and discovery

may disclose directly and proximately causing the aforesaid collsion and Plaintiff s damages.
Defendant Van Der Eijk's negligence,

25. As a direct and proximate result of

Kristen Schlotter has sustained numerous injuries and losses, some or all of which are
permanent.

WHEREFORE, Plaintiff demands judgment in her favor and against Defendants
in an amount in excess of Seventy-Five Thousand Dollars ($75,000.00), plus costs and interest.

COUNT II - NEGLIGENCE PLAINTIFF KRSTEN SCHLOTTER V. DEFENDANT ERB INTERNATIONAL. INC.
26. Plaintiff incorporates herein by reference paragraphs 1 through 28 of this

Complaint.

27. Erb International, Inc. negligently and carelessly entrusted Defendant Van Der

Eijk with operation of the tractor-trailer involved in the accident with plaintiff, which was a
proximate cause of the losses and damages plaintiff has sustained.

WHEREFORE, Plaintiff demands judgment in her favor and against Defendants in an
amount in excess of Seventy-Five Thousand Dollars ($75,000.00), plus costs and interest.

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COUNT III - VICARIOUS LIABILITY PLAINTIFF KRSTEN SCHLOTTER V. DEFENDANT ERB INTERNATIONAL. INC.
28. Plaintiff incorporates herein by reference paragraphs 1 through 30 ofthis

Complaint.

29. Because Defendant Van Der Eijk was the agent, servant, workman and/or

employee of Erb International, Inc. at the time of the afore-described accident, and was acting

within the scope of his duties for Erb International, Inc., Erb International, Inc. is vicariously
liable for the damages and losses Defendant Van Der Eijk's negligence and carelessness
proximately caused to Plaintiff.

WHEREFORE, Plaintiff demands judgment in her favor and against Defendants
in an amount in excess of Seventy-Five Thousand Dollars ($75,000.00), plus costs and interest.

DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury.

MONTGOMERY, MCCRACKEN, WALKER & RHOADS, LLP

Dated: September 16, 201 1

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