IN THE UNTIED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

SCOTT RUFFING and : CIVIL ACTION NO. 02-4422

KIMBERLY RUFFING, H/W :

424 Barclay Street :

Morrisville, PA 19067 :

:

:

V. :

:

:

KALMAR INDUSTRIES :

U.S.A., INC. :

1301 Cherokee Trace :

White Oaks, TX 75693 :

and :

:

KI-NJ, LLC :

21 Engelhard Road :

Monroe Township, New Jersey 08831 :

:

and :

:

JOHN DOE, Inc. (2-50) :

:

JOHN DOE (1-50) :

AMENDED COMPLAINT IN CIVIL ACTION

Plaintiffs, Scott Ruffing and Kimberly Ruffing, h/w, by way of Complaint against

the Defendants aver as follows:

1. Jurisdiction is based upon diversity of citizenship and the amount in

controversy exceeds Seventy Five Thousand ($75,000.00) Dollars. 28 U.S.C.A. Sect.

1332.

2. Plaintiffs, Scott Ruffing and Kimberly Ruffing, H/W, are adult individuals

who reside at 424 Barclay Street, Morrisville, Pennsylvania 19067.

Case 2:02-cv-04422-TJS Document 2 Filed 08/21/2002 Page 1 of 8
3. Defendant, Kalmar Industries U.S.A., Inc. (herein after referred to as

“Kalmar”) is a corporation with its principal place of business at 1301 Cherokee Trace,

White Oaks, Texas 75693 and at all times material hereto was in the business of

designing, manufacturing, assembling, distributing, marketing, and placing into the

stream of commerce forklifts.

4. Defendant, KI-NJ, LLC (hereinafter referred to as “KI-NJ”), formerly

identified as John Doe, Inc., is a corporation with its principal place of business at 21

Engelhard Road, Monroe Township, New Jersey 08831, and at all times material hereto

was in the business of designing, manufacturing, assembling, distributing, marketing and

placing into the stream of commerce forklifts.

5. Defendant(s), John Doe, Inc. (2-50), is the fictitious name of

Defendant(s), who after reasonable investigation, said Defendant’s true name(s) is

unknown, is a corporation(s) at all times material hereto in the business of designing,

manufacturing, assembling, distributing, marketing and placing into the stream of

commerce forklifts.

6. Defendant(s), John Doe (1-50), is the fictitious name of Defendants(s),

who, after reasonable investigation, said Defendant’s true name(s) is unknown, is an

individual(s), partnership(s), or other entity(ies) at all times material hereto in the

business of designing, manufacturing, assembling, distributing, marketing and placing

into the stream of commerce forklifts.

7. At all times, material hereto, Defendants, Kalmar and/or KI-NJ, acted by

and through its employees, agents, servants, workers and/or assigns.

Case 2:02-cv-04422-TJS Document 2 Filed 08/21/2002 Page 2 of 8
8. At all times material hereto, Defendants, John Doe, Inc. (1-50) and/or

John Doe (1-50) acted by and through employees, agents, servants, workers and/or

assigns.

COUNT 1 – NEGLIGENCE

9. On or about July 6, 2000, Plaintiff, Scott Ruffing, was employed by

Novalog Bucks County, Inc., Morrisville, Pennsylvania. On said date, during the course

of his employment, Plaintiff, Scott Ruffing, was operating a Kalmar forklift, model

DCB25-1200LB, bearing serial number T33102,0023, in a foreseeable and intended

manner, said forklift having been manufactured, designed, assembled, distributed,

marketed and placed into the stream of commerce by Defendants, Kalmar and/or KI-NJ,

and/or John Doe, Inc. (2-50) and/or John Doe (1-50), when the counterweight and back

wheels broke off of said forklift, snapping the front of said forklift and cab containing the

Plaintiff forward from which Plaintiff, Scott Ruffing, sustained severe, permanent and

disabling injuries.

10. Defendants, Kalmar and/or KI-NJ and/or John Doe, Inc. (2-50) and/or

John Doe (1-50), owe a duty to foreseeable users, including Plaintiff, to exercise due care

in designing, manufacturing, assembling, distributing, marketing and placing into the

stream of commerce the forklift involved in this action.

11. Defendants, Kalmar and/or KI-NJ and/or John Doe, Inc. (2-50) and/or

John Doe (1-50), knew, or in the exercise of reasonable care should have known that the

counterweight and rear wheels of the forklift would suddenly and without warning break

off of the forklift, creating a dangerous and defective condition.

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12. Defendants, Kalmar and/or KI-NJ and/or John Doe, Inc. (2-50) and/or

John Doe (1-50), breached the duties described above in that Defendants negligently and

carelessly: 

a. Designed, manufactured, assembled, distributed, marketed and

placed into the stream of commerce said forklift with a counterweight and rear wheels

that suddenly and without warning broke off of said forklift;

b. Failed to adequately warn and give adequate notice that the rear

wheels and counterweight suddenly and without warning break off of the forklift;

c. Failed to adequately warn of all hazards, risks and dangerous

conditions of said forklift including the need for safety gear and/or seat belts;

d. Failed to provide proper safeguards to prevent the rear wheels and

counterweight from suddenly and without warning breaking off of the forklift;

e. Failed to properly inspect and test the forklift for the aforementioned

conditions;

f. Failed to otherwise exercise due care with respect to designing,

manufacturing, assembling, distributing, marketing and placing into the stream of

commerce the forklift involved in this action.

13. Defendants, Kalmar and/or KI-NJ and/or John Doe, Inc. (2-50) and/or

John Doe (1-50), knew, or in the exercise of reasonable care should have known that the

forklift was a dangerous instrumentality if not properly designed, manufactured, tested or

inspected and that the forklift presented the probability of harm for any foreseeable user

unless it was free from defects.

Case 2:02-cv-04422-TJS Document 2 Filed 08/21/2002 Page 4 of 8
14. As a direct and proximate result of the aforesaid negligent and careless

acts or omissions of Defendants, Plaintiff, Scott Ruffing, sustained serious, severe,

permanent and painful injuries to and about the head, neck, back, body, limbs and

nervous system and suffered great pain and will continue to suffer great pain and was and

will be compelled to spend large sums of money for medical care and treatment and was

and will be prevented from attending to business, employment and duties all to his

detriment. 

WHEREFORE, Plaintiff, Scott Ruffing, demands judgment against Defendants,

Kalmar and/or KI-NJ and/or John Doe, Inc. (2-50) and/or John Doe (1-50), individually,

jointly, severally, and in the alternative in an amount in excess of One Hundred Fifty

Thousand ($150,000.00) Dollars, together with attorney’s fees and cost of suit and such

other and further relief as the Court may deem proper.

COUNT II – BREACH OF WARRANTY

15. Plaintiffs incorporate paragraphs 1 through 14 of Plaintiffs’ complaint as

though each count were set forth herein at length.

16. Defendants, Kalmar and/or KI-NJ and/or John Doe, Inc. (2-50) and/or

John Doe (1-50), knew or should have known that said forklift would be used in

the manner in which Plaintiff used the same up to and including the time of said

accident.

17. Defendants, Kalmar and/or KI-NJ and/or John Doe, Inc. (2-50) and/or

John Doe (1-50), expressedly and impliedly warranted that the forklift was

merchantable, safely designed and suited and reasonably fit for the purpose for

Case 2:02-cv-04422-TJS Document 2 Filed 08/21/2002 Page 5 of 8
which it was produced, designed, manufactured, distributed, marketed and

foreseeably used.

18. Plaintiff, Scott Ruffing, as a foreseeable user relied on said warranties. 

Defendants breached those implied and expressed warranties in that the forklift

was not merchantable, safely designed nor fit for the particular purpose for which

it was produced, designed, manufactured, marketed, placed into the stream of

commerce and foreseeably used and said forklift was in fact inherently dangerous.

19. As a direct and proximate result of the breach of the expressed and

implied warranties by Defendants, Plaintiff, Scott Ruffing, incurred damages and

injuries as were fully set forth above. 

WHEREFORE, Plaintiff, Scott Ruffing, demands judgment against Defendants,

Kalmar and/or KI-NJ and/or John Doe, Inc. (2-50) and/or John Doe (1-50), individually,

jointly, severally, and in the alternative in an amount in excess of One Hundred Fifty

Thousand ($150,000.00) Dollars, together with attorney’s fees and cost of suit and such

other and further relief as the Court may deem proper.

COUNT III – STRICT LIABILITY

20. Plaintiffs incorporate paragraphs 1 through 18 of Plaintiffs’ complaint as

though each count were set forth herein at length.

21. At the time of the incident described in this Complaint, the forklift was

being used for the purpose for which it was intended and in a manner that was reasonably

foreseeable by Defendants.

Case 2:02-cv-04422-TJS Document 2 Filed 08/21/2002 Page 6 of 8
22. At the time of the incident described in this Complaint, the forklift was

defective and unreasonably dangerous in that the forklift:

a. Was defectively designed;

b. Was defectively manufactured;

c. Did not incorporate safety features and/or mechanisms necessary

to make it safe for its intended and foreseeable use; 

d. Was otherwise defective and unreasonably dangerous.

23. The unreasonably dangerous conditions and defects described above existed

at the time the forklift was designed, manufactured, assembled, distributed, marketed and

put into the stream of commerce by Defendants and no substantial changes in said

forklift took place from the time said forklift left Defendants’ hands until the time of the

accident at issue.

24. The acts described above rendered the forklift unreasonably dangerous and

fraught with unexpected dangers to foreseeable users and rendered said forklift unsafe for

its intended and foreseeable use for which Defendants are strictly liable under Section

402A of the Restatement of Torts (Second) for damages incurred by Plaintiff as a

foreseeable user. 

WHEREFORE, Plaintiff, Scott Ruffing, demands judgment against Defendants,

Kalmar and/or KI-NJ and/or John Doe, Inc. (2-50) and/or John Doe (1-50), individually,

jointly, severally, and in the alternative in an amount in excess of One Hundred Fifty

Thousand ($150,000.00) Dollars, together with attorney’s fees and cost of suit and such

other and further relief as the Court may deem proper.

COUNT IV - LOSS OF CONSORTIUM

Case 2:02-cv-04422-TJS Document 2 Filed 08/21/2002 Page 7 of 8
25. Plaintiff, Kimberly Ruffing, incorporates paragraphs 1 through 24 as though

fully set forth herein at length.

26. At all times relevant hereto, Plaintiff, Kimberly Ruffing, was the lawful

spouse of Plaintiff, Scott Ruffing.

27. As a direct and proximate result of the negligence and carelessness of the

Defendants, Kalmar and/or KI-NJ and/or John Doe, Inc. (2-50) and/or John Doe (1-50),

as aforesaid, Plaintiff, Kimberly Ruffing, as the wife of Plaintiff, Scott Ruffing, has been

deprived of the support, care, services and attention of Plaintiff, Scott Ruffing and has

suffered a loss of consortium.

WHEREFORE, Plaintiff, Kimberly Ruffing, demands judgment against Defendants,

Kalmar and/or KI-NJ and/or John Doe, Inc. (2-50) and/or John Doe (1-50), individually,

jointly, severely, and in the alternative in an amount in excess of One Hundred Fifty

Thousand ($150,000.00) Dollars, together with attorney’s fees and cost of suit and such

other and further relief as the Court may deem proper.

LAW OFFICES OF RICHARD A. STOLOFF

BY: ______________________________________

Richard A. Stoloff, Attorney for Plaintiffs

Case 2:02-cv-04422-TJS Document 2 Filed 08/21/2002 Page 8 of 8