Court of Common Pleas of Philadelphia County Trial Division For Prothonotary Use Only (Docket Number) Civil Cover Sheet E-Filing Number: 1605041713 DEFENDANT'S NAME PLAINTIFF'S NAME KEVIN HARRIGAN ANDREW HAUGHT PLAINTIFF'S ADDRESS DEFENDANT'S ADDRESS PLAINTIFF'S NAME DEFENDANT'S NAME 1058 GOTLAND CIRCLE WARRINGTON PA 18976 C/O KLINE & SPECTER, P.C. 1525 LOCUST STREET PHILADELPHIA PHILADELPHIA PA 19102 ZACHARY KATHRYN KNOTT HESSE PLAINTIFF'S ADDRESS C/O KLINE & SPECTER, P.C. PHILADELPHIA PA 19102 1525 LOCUST STREET DEFENDANT'S ADDRESS INMATE # 1156191 RIVERSIDE CORRECTIONAL FACILIT 8151 STATE ROAD, PO BOX 6230 PHILADELPHIA PA 19136 DEFENDANT'S NAME PLAINTIFF'S NAME PHILIP WILLIAMS DEFENDANT'S ADDRESS PLAINTIFF'S ADDRESS 157 ACORN DRIVE WARMINSTER PA 18974 TOTAL NUMBER OF PLAINTIFFS TOTAL NUMBER OF DEFENDANTS 2 AMOUNT IN CONTROVERSY $50,000.00 or less X More than $50,000.00 3 COMMENCEMENT OF ACTION X Complaint Writ of Summons Petition Action Notice of Appeal Transfer From Other Jurisdictions COURT PROGRAMS Arbitration X Jury Non-Jury Other: Mass Tort Savings Action Petition Commerce Minor Court Appeal Statutory Appeals Settlement Minors W/D/Survival CASE TYPE AND CODE 2B - ASSAULT, BATTERY STATUTORY BASIS FOR CAUSE OF ACTION RELATED PENDING CASES (LIST BY CASE CAPTION AND DOCKET NUMBER) IS CASE SUBJECT TO COORDINATION ORDER? YES MAY 17 2016 C. FORTE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Plaintiff/Petitioner/Appellant: ANDREW HAUGHT , ZACHARY HESSE Papers may be served at the address set forth below. NAME OF PLAINTIFF'S/PETITIONER'S/APPELLANT'S ATTORNEY PHONE NUMBER (215)772-1000 SUPREME COURT IDENTIFICATION NO. 65924 SIGNATURE OF FILING ATTORNEY OR PARTY ANDREW YOUMAN ADDRESS 1525 LOCUST STREET PHILADELPHIA PA 19102 ANDREW S. YOUMAN FAX NUMBER (215)735-0937 E-MAIL ADDRESS andy.youman@klinespecter.com DATE SUBMITTED Tuesday, May 17, 2016, 05:24 pm FINAL COPY (Approved by the Prothonotary Clerk) NO Filed and Attested by the Office of Judicial Records 17 MAY 2016 05:24 pm C. FORTE Case ID: 160502138 NOTICE TO PLEAD NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and ?ling in Writing with the c0urt your defenSes or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO IND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Philadelphia Bar Association 1101 Market Street, 11?1 Floor Philadelphia, PA 1910? (215) 238-6338 AVISO Le han demandado a used en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la feeha de la demanda la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogado entregar a la corte en forma escrita sus defensas sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se de?ende, la corte tomara medidas puede continuar la demanda en contra suya sin previo aviso noti?caeiOn. Ademas, la corte pueda decidir a favor del demandante requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero sus propied ades otros derechos importantes para us ted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE, SI NO TTENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA LLAME POR TELEFONO A LA OFIC INA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Philadelphia Bar Association 1101 Market Street, 111h Floor Philadelphia, PA 19107 (215) 238-6338 CIVIL ACTION COMPLAINT Plaintiffs, Zachary Hesse and Andrew Haught, by and through their undersigned counsel, Kline Specter, P.C., bring this civil action against the above-captioned Defendants based upon the predicate facts and causes of action set forth below. Plaintiffs aver as follows: VENUE AND PARTIES 1. Plaintiff Zachary Hesse is an adult citizen and resident of the Commonwealth 2. Plaintiff Andrew Haught is an adult citizen and resident of the Commonwealth of 3. Defendant Kevin Harrigan is an adult person and resident of the Commonwealth of residing at 1058 Gotland Circle, Warrington, 18976. 4. Defendant Knott is an adult person and resident of the Commonwealth of presently residing at Riverside Correctional Facility, 8151 State Road, PO. Box Case ID: 160502138 6230, Philadelphia, 19136. 5. Defendant Philip Williams is an adult person and resident of the Commonwealth of residing at 157 Acorn Drive, Warminster, 18974. 6. Venue is properly laid in Philadelphia County because the conduct which is the subject of the claims herein took place in Philadelphia County. OPERATIVE FACTS - 7. On September 11, 2014, at or around 2245 hours, Plaintiffs were walking eastbound on Chancellor Street in the direction of 16th Street in Center City, Philadelphia. 8. 011 September 11, 2014, at or around 2245 hours, Defendants were walking northbound on 16111 Street toward Walnut Street with a group of approximately 12 to 15 people. 9. At or near the intersection of 16th Street and Chancellor Street, Defendant Kevin Harrigan observed Plaintiffs walking eastbound on Chancellor Street. At that time, Defendant Harrigan began shouting derogatory slurs at Plaintiffs, referring to Plaintiff Zachary Hesse as a ?dirty fucking faggot.? 10. Without provocation, justification or any cause whatsoever, Defendant Harrigan approached Mr. Hesse and shoved him before Defendant Harrigan struck Mr. Hesse in the face with a closed fist. After Mr. Hesse had been struck by Defendant Harrigan, members of Defendants? group surrounded Mr. Hesse and restrained his arms while he was repeatedly struck in the face and body. 11. Without proVocation, justi?cation or any cause whatsoever, Defendant Knott struck Mr. Hesse in the face while he was restrained and called him a ?faggot.? 12. Without provocation, justification or any cause whatsoever, a member of Defendants? group bear-hugged Plaintiff Andrew Haught, knocking his glasses to the ground and Case ID: 160502138 rendering him unable to see or defend himself. 13. Without provocation, justi?cation or any cause whatsoever, Defendant Philip Williams attacked a defenseless Mr. Haught, striking him in the face multiple times with a closed ?st. As a result, Mr. Haught was knocked to the ground and temporarily lost consciousness. 14. While Mr. Haught remained motionless and bleeding on the ground, the Defendants and their group of friends exited the area. None of the Defendants attempted to render aid to Mr. Haught or call emergency services. 15. Mr. Haught was transported by ambulance to Hahnemann University Hospital (?Hahnemann?) Where he underwent emergency surgery to treat his injuries. Mr. Haught remained hospitalized at Hahnemann for five (5) days following the assault. 16. On the basis of the conduct set forth herein, Defendant Harrigan pleaded guilty to Simple Assault and Conspiracy to Commit Simple Assault, both misdemeanors of the second degree. 17. On the basisof the conduct set forth herein, Defendant Knott was convicted by a jury of her peers of Simple Assault, Conspiracy to Commit Simple Assault, and two (2) counts of Recklessly Endangering Another Person, all misdemeanors of the second degree. 18. On the basis of the conduct set forth herein, Defendant Williams pleaded guilty to Aggravated Assault and Conspiracy to Commit Aggravated Assault, both felonies of the first degree. 19. As a direct and proximate result of the conduct of all Defendants, Zachary Hesse suffered injuries including, but not limited to, lacerations and bruising to the face and body; injury; emotional distress; past and future pain and suffering; past and future mental anguish; past and future humiliation; and past and future embarrassment. Case ID: 160502138 20. As a direct and proximate result of the conduct of all Defendants, Andrew Haught suffered injuries including; but not limited to; a fractured jaw bone that required his jaw to be wired shut with metal bars secured by 16 screws for a period of eight (8) weeks; jaw wire and screw removal; fractured orbital bone; permanent facial scar; lacerations and bruising to the face and body; injury; emotional distress; past and future pain and suffering; past and future mental anguish; past and future humiliation; past and future embarrassment; past lost wages; and past medical expenses. COUNT I ASSAULT BATTERY Plaintiff, Zachary Hesse v. Defendant, Kevin Harrigan 21. Plaintiffs incorporate by reference the preceding paragraphs and allegations as though fully set forth herein. 22. Kevin Harrigan intentionally attempted or threatened to in?ict injury to Mr. Hesse?s person; with the apparent ability to cause harm; and which caused Mr. Hesse a reasonable apprehension of bodily harm or offensive contact. 23. Kevin Harrigan caused harmful or offensive contacts with Mr. Hesse?s person; resulting from acts intended to cause Mr. Hesse to experience such contacts or apprehension that such contacts were imminent. 24. The conduct of Kevin Harrigan constituting assault and battery consisted; among other things; of the following: a. Striking Mr. Hesse; b. Using derogatory speech to refer to Mr. Hesse and Mr. Haught; c. Believing mistakenly that he had cause for striking Mr. Hesse; d. Striking Mr. Hesse while he was restrained and unable to defend himself; 6. Continuing to strike Mr. Hesse after having already harmed him; 5 Case ID: 160502138 f. Causing harm to Mr. Hesse; and g. Acting without cause or justi?cation. WHEREFORE, Plaintiffs demand judgment against all Defendants in an amount in excess of Fifty Thousand Dollars and in excess of the prevailing arbitration limits, exclusive of prejudgment interest, post-judgment interest and costs. COUNT II ASSAULT Plaintiff, Andrew Haught v. Defendant, Kevin Harrigan 25. Plaintiffs incorporate by reference the preceding paragraphs and allegations as though fully set forth herein. 26. Kevin Harrigan intentionally attempted or threatened to in?ict injury to Mr. Haught?s person, with the apparent ability to cause harm, and which caused Mr. Haught a reasonable apprehension of bodily harm or offensive contact. 27. The conduct of Kevin Harrigan constituting an assault consisted, among other things, of the following: a. Striking Mr. Hesse; b. Using derogatory speech to refer to Mr. Hesse and Mr. Haught; c. Believing mistakenly that he had cause for striking Mr. Hesse; d. Striking Mr. Hesse while he was restrained and unable to defend himself; e. Continuing to strike Mr. Hesse after having already harmed him; f. Causing harm to Mr. Hesse; and g. Acting without cause or justi?cation. WHEREFORE, Plaintiffs demand judgment against all Defendants in an amount in excess of Fifty Thousand Dollars and in excess of the prevailing arbitration limits, exclusive of prejudgment interest, post-judgment interest and costs. Case ID: 160502138 COUNT ASSAULT BATTERY Plaintiff, Zachary Hesse v. Defendant, Knott 28. Plaintiffs incorporate by reference the preceding paragraphs and allegations as though fully set forth herein. 29. Knott intentionally attempted or threatened to in?ict injury to Mr. Hesse?s person, with the apparent ability to cause harm, and which caused Mr. Hesse a reasonable apprehension of bodily harm or offensive contact. 30. Knott caused harmful or offensive contacts with Mr. Hesse?s person, resulting from acts intended to cause Mr. Hesse to experience such contacts or apprehension that such contacts were imminent. 31. The conduct of Knott constituting assault and battery consisted, among other things, of the following: a. Striking Mr. Hesse; b. Using derOgatory speech to refer to Mr. Hesse and Mr. Haught; c. Believing mistakenly that she had cause for striking Mr. Hesse; d. Striking Mr. Hesse while he was restrained and unable to defend himself; e. Continuing to strike Mr. Hesse. after having already harmed him; f. Causing harm to Mr. Hesse; and g. Acting without cause or justification. WHEREFORE, Plaintiffs demand judgment against all Defendants in an amount in excess of Fifty Thousand Dollars and in excess of the prevailing arbitration limits, exclusive of prejudgment interest, post-judgment interest and costs. Case ID: 160502138 COUNT IV ASSAULT Plaintiff, Andrew Haught v. Defendant, Knott 32. Plaintiffs incorporate by reference the preceding paragraphs and allegations as though fully set forth herein. 33. Knott intentionally attempted or threatened to in?ict injury to Mr. Haught?s person, with the apparent ability to cause harm, and which caused Mr. Haught a reasonable apprehension of bodily harm or offensive contact. 34. The conduct of Knott constituting an assault consisted, among other things, of the following: a. Striking Mr. Hesse; b. Using derogatory speech to refer to Mr. Hesse and Mr. Haught; c. Believing mistakenly that she had cause for striking Mr. Hesse; d. Striking Mr. Hesse while he was restrained and unable to defend himself; e. Continuing to strike Mr. Hesse after having already harmed him; f. Causing harm to Mr. Hesse; and g. Acting without cause or justi?cation. WHEREFORE, Plaintiffs demand judgment against all Defendants in an amount in excess of Fifty Thousand Dollars and in excess of the prevailing arbitration limits, exclusive of prejudgrnent interest, post-judgment interest and costs. COUNT ASSAULT Plaintiff, Zachary Hesse v. Defendant, Philip Williams 35. Plaintiffs incorporate by reference the preceding paragraphs and allegations as though fully set forth herein. 36. Philip Williams intentionally attempted or threatened to in?ict injury to Mr. Case ID: 160502138 Hesse?s person, with the apparent ability to cause harm, and which caused Mr. Hesse a reasonable apprehension of bodily harm or offensive contact. 37. The conduct of Phillip Williams constituting an assault consisted, among other things, of the following: a. Striking Mr. Haught; b. Using derogatory speech to refer to Mr. Hesse and Mr. Haught; c. Believing mistakenly that he had cause for striking Mr. Haught; d. Striking Mr. Haught after his glasses had been removed and he was unable to defend himself; e. Continuing to strike Mr. Haught after having already harmed him; f. Causing harm to Mr. Haught; and g. Acting without cause or justi?cation. WHEREFORE, Plaintiffs demand judgment against all Defendants in an amount in excess of Fifty Thousand Dollars and in excess of the prevailing arbitration limits, exclusive of prejudgment interest, post-j udgment interest and costs. COUNT VI ASSAULT BATTERY Plaintiff, Andrew Haught v. Defendant, Philip Williams 38. Plaintiffs incorporate by reference the preceding paragraphs and allegations as though fully set forth herein. 39. Philip Williams intentionally attempted or threatened to in?ict injury to Mr. Haught?s person, with the apparent ability to cause harm, and which caused Mr. Haught a reasonable apprehension of bodily harm or offensive contact. 40. Philip Williams caused harmful or offensive contacts with Mr. Haught?s person, resulting from acts intended to cause Mr. Haught to experience such contacts or apprehension Case ID: 160502138 -. - - . . .- .- .- . .. .- .- - - . - - - - - - - - - - - . - - - - . -- that such contacts were imminent. 41. The conduct of Phllip Williams constituting assault and battery consisted, among other things, of the following: a. Striking Mr. Haught; b. Using derogatory speech to refer to Mr. Hesse and Mr. Haught; c. Believing mistakenly that he had cause for striking Mr. Haught; d. Striking Mr. Haught after his glasses had been removed and he was unable to defend himself; e. Continuing to strike Mr. Haught after having already harmed him; f. Causing harm to Mr. Haught; and g. Acting without cause or justi?cation. Plaintiffs demand judgment against all Defendants in an amount in excess of Fifty Thousand Dollars and in excess of the prevailing arbitration limits, exclusive of prejudgment interest, post-judgment interest and costs. COUNT VII NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS Plaintiff, Zachary Hesse v. All Defendants 42. Plaintiffs incorporate by reference the preceding paragraphs and allegations as though fully set forth herein. 43. Plaintiff Zachary Hesse witnessed the conduct of all Defendants, as detailed above, and the consequences of that conduct as set forth in Paragraphs 9 through 20. 44. The conduct of all Defendants, as detailed above, caused Plaintiff Zachary Hesse to fear for his own personal safety and well-being. The Defendants? conduct put Plaintiff Zachary Hesse within the zone of danger, which placed him in jeopardy and caused Mr. Hesse to suffer severe emotional distress, anxiety and physical and injury. 10 Case ID: 160502138 45. The conduct of all Defendants, as detailed above, caused Plaintiff Zachary Hesse to contemporaneously witness severe physical injury in?icted upon his partner, Plaintiff Andrew Haught, which caused Mr. Hesse to suffer severe emotional distress, anxiety and physical and injury. WHEREFORE, Plaintiffs demand judgment against all Defendants in an amount in excess of Fifty Thousand Dollars and in excess of the prevailing arbitration limits, exclusive of prejudgment interest, post-judgment interest and costs. COUNT NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS Plaintiff, Andrew Haught v. All Defendants 46. Plaintiffs incorporate by reference the preceding paragraphs and allegations as though fully set forth herein. 47. Plaintiff Andrew Haught witnessed the conduct of all Defendants, as detailed above, and the consequences of that conduct as set forth in Paragraphs 9 through 20. 48. The conduct of all Defendants, as detailed above, caused Plaintiff Andrew Haught to fear for his own personal safety and well-being. The Defendants? conduct put Plaintiff Andrew Haught within the zone of danger, which placed him in jeopardy and caused Mr. Haught to suffer severe emotional distress, anxiety and physical and injury. 49. The conduct of all Defendants, as detailed above, caused Plaintiff Andrew Haught to contemporaneously witness physical injury in?icted upon his partner, Plaintiff Zachary Hesse, which caused Mr. Haught to suffer severe emotional distress, anxiety and physical and injury. WHEREFORE, Plaintiffs demand judgment against all Defendants in an amount in excess of Fifty Thousand Dollars and in excess of the prevailing arbitration limits, exclusive of prej udgment interest, post-judgment interest and costs. 11 Case ID: 160502138 COUNT IX RESTATEMENT (SECOND) OF TORTS 322 Plaintiff, Zachary Hesse v. All Defendants 50. Plaintiffs incorporate by reference the preceding paragraphs and allegations as though fully set forth herein. 51. Defendants knew or had reason to know that their conduct caused bodily harm to Plaintiff Zachary Hesse so as to render him helpless and in danger of further harm, including by reason of delayed assistance or medical treatment. 52. Defendants nonetheless breached their duty to exercise reasonable care to prevent such further harm, thereby increasing the risk of harm to Mr. Hesse, and protracting and worsening the harm caused by the Defendants? conduct. - WHEREFORE, Plaintiffs demand judgment against all Defendants in an amount in excess of Fifty Thousand Dollars and in excess of the prevailing arbitration limits, exclusive of prejudgment interest, post-judgment interest and costs. COUNT RESTATEMENT (SECOND) OF TORTS 322 Plaintiff, Andrew Haught v. All Defendants 53. Plaintiffs incorporate by reference the preceding paragraphs and allegations as though fully set forth herein. 54. Defendants knew or had reason to know that their conduct caused bodily harm to Plaintiff Andrew Haught so as to render him helpless and in danger of further harm, including by reason of delayed assistance or medical treatment. 55. Defendants nonetheless breached their duty to exercise reasonable care to prevent such further harm, thereby increasing the risk of harm to Mr. Haught, and protracting and worsening the harm caused by the Defendants? conduct. 12 Case ID: 160502138 WHEREFORE, Plaintiffs demand judgment against all Defendants in an amount in excess of Fifty Thousand Dollars and in excess of the prevailing arbitration limits, exclusive of prejudgment interest, post-judgment interest and costs. KLINE SPECTER, P.C. BY: THOMAS R. KLINE, ESQUIRE ANDREW s. YOUMAN, ESQUIRE TRACIE L. PALMER, ESQUIRE ,7 ?a Attorneys for Plainti?s Dated: 53 13 Case ID: 160502138 VERIFICATION I, Zachary Hesse, hereby verify that I am the Plaintiff in the foregoing action; that the attached Civil Action Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Civil Action Complaint is that of counsel and is not mine. I have read the Civil Action Complaint and to the extent that the allegations therein are based upon information I have given counsel,they are true and correct to the best of my knowledge, information and belief. To the extent that the contents of the Civil Action Complaint are that of counsel, I have relied upon counsel in making this Veri?cation. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. ?4904 relating to unsworn falsi?cations to authorities. A2554 ZACHARY HES SE Date: Case ID: 160502138 VERIFICATION 1, Andrew Haught, hereby verify that I am the Plaintiff in the foregoing action; that the attached Civil Action Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in the preparation of the lawsuit. The language of the Civil Action Complaint is that of counsel and is not mine. I have read the Civil Action Complaint and to the extent that the allegations therein are based upon information I have given counsel, they are true and correct to the best of my knowledge, information and belief. To I the extent that the contents of the Civil Action Complaint are that of counsel, I have relied upon!- counsel in making this Veri?cation. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A. ?4904 relating to falsi?cations to authorities. Mil/bob ANDREW I I Date: Case ID: 160502138