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HomeMy WebLinkAbout96-01082 ~ '& j 11 Pi , , 1 . 1 on " 7 j i i ! d ! ~ i f-' t';." ~,;k:'l;, ':,,,,: ~i:"_)i' , ';,~ ,,;:<.';';")' ~J rj I '~ , I I i ,) 1 , ("61 I ()Ol l 01 I - I , -9' cr-~ o Z; I I I J , i i,_~ 't,,-;' , deemed tactual, it is hereby specitically denied. By way of amplification, Plaintiff did not assume the risk of her injuries. Furth~r, as previously stated herein, Plaintiff was not negligent or careless. All of Plaintiff's injuries and damages are recoverable in the instant action. 23. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specitically denied. By way of amplification, Defendant was not confronted by a sudden emergency and Defendant did not act reasonably. At all times relevant hereto, Defendant acted negligently, carelessly, wantonly, and recklessly. Plaintiff incorporates her Complaint herein reference. 24. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, Plaintiff's Complaint was filed well within the applicable statute of limitations. 25. Denied. Plaintiff's policy provides the full tort option. A copy of Plaintiff's Declaration Page is attached hereto as Exhibit A. 26. Defendant's averment is a conclusion of law to which no responsive pleading is required. To the extent the averment may be deemed factual, it is hereby specifically denied. By way of amplification, all of Plaintiff's injuries and damages are I- ~~~c,o~~ IS:: ~ Gqcu:;J ~I :cc=~, -,~, E:ONTINUATION NOTICE ~:..<!.....tc:;.l.J ERIE, ERIE INSURANCE EXCHANGE ..ONEER FAMILY AUTO POLICY AGE~:T IT::'.';: =''JI_ICY ?::~.!'JO PCUCY ~lU'.l3=" AA7638 GREGORY A GARRITY.._..!l.3L2Y9,5_.Tc::l_03!2Y_9~_~3 26P6788. H ITEM 1 NAMED 1~ISI1RSD MiD ADDRSSS ITS'.!" orwSH l'lTS"S5T 1",111",111".",11.,11,1"1,,1,.11.1,,11.,,,,11.,,11.,"III CHRISTINE E THUMMA AS LISTED BELOW 233 N MIDDLESEX RD CARLISLE PA 17013-8490 AGENT - GREGORY A GARRITY ***** AGENT PHONE - (717) 243-3467 ITEM 4. AUTOS COVERED AUTO YR MAKE VIN ST TER SYM RATING CLASS 1 87 HOND ACCORD LXI IHGCA5645HA096507 PA 27 J E20-MULTI ITEM 5. t~~M~Mi~ I~O~~~a~~~ ~~V~SAA~~E~A~ALO~Ri~lbMSI~RiH~~Fb~~o~~~ #l 2621 SPRING ROAD CARLI~LE PA 17013 DDP --- THE FULL TORT OPTION APPLIES TO LIABILITY PROTECTION- BODILY INJURY S25M/p~RSON S50M/ACC PROPERTY DAMAGE S50M/ACC FIRST PARTY BENEFITS- MEDICAL EXPENSE S10M INCOME LOSS SlM/MONTH, $15M MAXIMUM ACCIDENTAL DEATk S5M FUNERAL BENEFIT S2.5H UNINSURED MOTO~ISTS COVERA;E- BOD INJ S25M/PERSON $50M ACC-STACKED UNDER INSURED M2TORISTS COV RAGE- BOD INJ S25M PERSON S50H ACC-STACKED PHY~ICAL DAKAG COVERAGES- COMPREHENSIVE - $50 OED COLLISION - S250 OED OPTIONAL COVERAGES- P.OAD SERVICE 4 TRANSP EXPENSES - COLL S20/DAY, $600/LOSS 11 TOTAL ANNUAL PREMIUM FOR EACH AUTO 648 TOTAL ANNUAL POLICY PREMIUM S 648 ITEM 6. APPLICABL~ POLICYh ENDO~SEMENTS~ EXCEPTIONS TO DECL^RATIONS ALL AUTOS - FAP 05L91, ABPu02 09/93, ABPNOl 07/90, AFPA03 03/94. AUTO 1 - UF-8130 08/9.. .....GOOD ALL PRIVATE 152 110 72 25 4 2 13 20 59 176 DRIVER RATES APPLy..... PASSENGER VEHICLES. --- ITEMS MISCELLANEOUS INFORMATION UNLESS STATED IN THE MISCELLANEOUS INFORMATION THE FOLLOWING APPLY - ITEM 7. THE AUTO WE INSURE WILL BE PRINCIPALLY GA~'GED AT THE ADDRESS SHOWN IN ITEM 1. ITEM 9. EXCEPT FOR A LIENHOLDER'S INTEREST, THE NAMED INSURED 15 THE SOLE OWNER OF THE AUTO WE INSURE. DRIVER ST LICENSE NUMBER BIRTH DATE 1 CHRISTINE E THUMMA PA 23087048 07/18/73 ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE OR DEFRAUD ANY INSURER FILES AN APPLICATION OR CLAIM CONTAINING ANY FALSE INCOMPLETE OR MISLEADING INFORMATION SHALL~ UPON CONVICTIONL BE SUBJECT TO IMPRISONMENT FOR UP TO SEVEN YEARS AND PAxHENT OF A FINE O. SI5,000. 006206 NO VAMPHSV-H 02/18/95 , 21. Plaintiff's claims are barred by the doctrines of contributory and comparative negligence, 22, Plaintiff's claims are barred by the doctrine of assumption of risk. 23. Defendant was confronted with a sudden emergency not of his own creation to which he responded reasonably under the circumstances. 24, Plaintiff's claims are barred by the applicable statute of limitations, 25, The named insured of the automobile insurance policy covering Plaintiff elected coverage under the limited tort option offered under that policy in accordance with the terms of the Pennsylvania Motor Vehicle Financial Responsibility Law. 26, Plaintiff's claims are barred in whole or in part by the terms and conditions of the Pennsylvania Motor Vehicle Financial Responsibility Law, Act of February 12, 1984, 75 Pa. Cons. Stat., 5 1701 ~ ~, as amended. Specifically, Plaintiff's claims for medical expenses and/or wage loss may be barred in whole or in part by 75 Pa. Cons. Stat" ~ 1722, Moreover, Plaintiff'8 claim for non-economic damages may be barred by virtue of an election of the limited tort option of Plaintiff's motor vehicle insurance policy. - 2 - '. . , ' , , '. .---------. , , '. ,... ,. ~. >"'. -. ""'- .~ I. --- -.. ~~~i < - "" Vl< <> U ,... -J .... e --' >- ..... '"' Q; w a. Vl ..... c: w ~ a: ... "" .~ '" ri .... ~ """" '"' 'OJ ..... <J) ~ 0,... c: c: z <J) ... ~ '" ~a. . ~ <1; - W Z .... ... i '" ,~ << u ~ z z I '" 0 0 .3 0 ~ <1' --' ;;: a: w Ii! u>-< ,... a. . 0 a. u. a: u. .. ..... -J "" :::> :c :>: 0 % c:i N ....."" < :c Vl 0 ~ . .... a: i ;:: 0:::> , ~ ..... - u a: 5l ~ 0 ,... "" ... 0 " t:: .....U"" 0 ..... Z z <J) '" 0 ,... < C; '" ~ :::>0- -J ..... e 0""..... < ,... Z "' .. U<U - "" ,... c( . % -J< '" - ,... ,... '" ..... ..... -J :c ,... -J Vl ..... eo_ >- - > >< ~> .", a: ,... z=>-o=> :c -J _UUZr-J U < 5. At that time and place, Defendant Alex Lee Tatanish was operatinq a 1987 Chevrolet S-10 truck and was travellinq east on Elm street at its intersection with Front street, Wormleysburq, CUlIIberland County, Pennsylvania. 6. The intersection of Front Street and Elm Street is controlled by a stop siqn for Elm Street only. Vehicles travellinq on Front street have the riqht-of-way and do not have any traffic control device at this intersection. 7. At that time and place, Plaintiff Christine E. Thumma was proceedinq to make a left-hand turn off of Front street, wormleysburq, CUlIIberland County, Pennsylvania. 8. At that time and place, Defendant Alex Lee Tatanish failed to stop at the stop siqn, failed to yield the riqht-of-way to Plaintiff Christine E. Thumma and pulled directly into the path and lane of travel of the Thumma vehicle. 9. At that time and place, a violent collision occurred involvinq the Thumma automobile and Defendant Alex Lee Tatanish's automobile. 10. At that time and place, the Tatanish vehicle collided with the left side of the Thumma vehicle. 2 11. As a result of the aforementioned accident, Plaintiff Christine E. Thumma sustained painful and severe injuries which include, but are not limited to, constant neck pain and trapezius muscle pain bilaterally, and a cervical strain. 12. As a result of the injuries sustained, Plaintiff Christine E. Thumma was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 13. Because of the nature of her injuries, Plaintiff Christine E. Thumma has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 14. As a result of the aforementioned collision and resulting injuries, Plaintiff Christine E. Thumma has undergone and in the future will undergo great physical and mental SUffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 15. As a result of the aforementioned collision and resulting injuries, Plaintiff Christine E. Thumma has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 3 16. As a result of the aforementioned collision and resulting injuries, Plaintiff christine E. Thumma has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 17. As a result of the aforementioned collision and resulting injuries, Plaintiff Christine E. Thumma has sustained uncompensated work loss, and claim is made therefor. 18. Plaintiff Christine E. Thumma continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. 19. The foregoing accident and all of the injuries and damages set forth sustained by Plaintiff Christine E. Thumma are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Alex Lee Tatanish operated the 1987 Chevrolet 5-10 truck as follows: (a) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (b) failure to apply his brakes in sufficient time to avoid striking the Thumma vehicle; (c) failure to travel at a safe speed; Cd) failure to keep a proper watch for traffic on the highway; (e) failure to take reasonable evasive action to avoid the accident; 4 , . CHRISTINE E. THUMMA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-1082 Civil Term . . ALEX LEE TATANISH, Defendant JURY TRIAL DEMANDED PLAIHTI~~'8 MOTION TO COMPEL DISCOVBRY O. DE.ENDANT ALEX LEB TAT~ Plaintiff, by and through her attorneys, Angino , Rovner, P.C., respectfully moves this Honorable Court to compel Defendant Alex Lee Tatanish to file full and complete answers to Plaintiff's discovery rQquests for the following reasons: 1. The instant action was commenced by the filing of a Complaint on February 27, 1996. 2. On April 2, 1996, Defendant filed an Answer to the Complaint with New Matter. 3. Plaintiff filed a Reply to New Matter on April 15, 1996. 4. On April 1, 1996, Plaintiff forwarded to Defendant Alex Lee Tatanish Interrogatories and Request for Production of Documents. Copies are attached hereto as Exhibits A and B. s. On April 23, 1996, counsel for Defendant Alex Lee Tatanish forwarded to Plaintiff's counsel objections to the Interrogatories. A copy is attached hereto as Exhibit C. 92309/CLM . . 6. Defendant's objections to Plaintiff's Interrogatories are without merit. 7. Defendant Alex Lee Tatanish objects on the grounds that the interrogatories exceed the allowable number according to the Cumberland County Local Rule 4005 - 1. 8. Plaintiff's set of Interrogatories is a standard set used for years by Plaintiff's attorney without objection. These interrogatories total thirty-seven (37) not including sub-parts, although most interrogatories are single questions. 9. By letter dated April 25, 1996, counsel for Plaintiff wrote ';;0 counsel for Defendant expressing his disbelief in the objection to the Interrogatories. A copy of the letter is attached as Exhibit D. 10. Defendant Alex Lee Tatanish did not object to Plaintiff'S Request for PrOduction of Documents, nor has Defendant forwarded his response to Plaintiff and said response is overdue. 11. All of the discovery sought by Plaintiff through the Interrogatories and Request for Production of Documents is relevant to the instant action. 12. Our Rules of Civil Procedure provide for the liberal granting of discovery. 13. Defendant Alex Lee Tatanish has failed to comply with the discovery as required by Pa.R.C.P 4005 and 4006. 2 . 4 14. Defendant Alex Lee Tatanish has had more than ample time to respond to Plaintiff's Interrogatories and Request for Production of Documents. 15. Fa.R.C.P. 4019 provides that upon motion of a party, the Court can make an appropriate order when a party "fails to make discovery." Pa.R.C.P 4019(a) (viii). 16. Plaintiff, therefore, believes that answering all of Plaintiff's discovery requests would not burden or oppress D~fendant Alex Lee Tatanish. 17. Plaintiff is represented by RiChard A. 5adlock, Esquire of the firm of Angino S. Rovner, P.C., 4503 North Front street, Harrisburg, PA 17110, (717) 238-6791. 18. Defendant Alex Lee Tatanish is represented by Rolf E. Kroll, Esquire, of the firm Reynolds' Havas, 101 Pine street, P.O. Box 932, Harrisburg, PA 17108, (717) 236-3200. WHEREFORE, Plaintiff respectfully requests that this Honorable Court order Defendant Alex Lee Tatanish, to respond to Plaintiff'. Interrogatories and Request for PrOduction of Documents. Plaintiff further requests that should Defendant fail to comply with the Court Order, then Defendant should be prohibited from presenting any testimony at the trial of this matter, precluded from entering defenses to Plaintiff's claims at trial, required to pay 3 - ,~ i'~' " .. .~ ., , ,ot: !,"' ,. . ~A # ~', , L '~l. , I. t., (1. ,~ "",~"'-"""''''''-~''~-' l \. t"' I , -r f, , . , l' !j 1 , :)f : ,~' . ,~, '~--J~1 ~~ ...1'7:"....._-'-_....,"-.. ! Plaintiffs, through their attorney, hereby propound the following Interrogatories to defendants pursuant to Pennsylvania Rule of civil Procedure 4006 to be answered within thirty (30) days from service thereof. These Interrogatories shall be deemed to be continuing Interrogatories. If, between the time of your answer to said Interrogatories and the time of the trial of this case you, or anyone acting on your behal f, learns the identity and whereabouts of any other witnesses not identified in your said answers, or if you obtain or become aware of additional requested lnformation not supplied in your answers, you shall promptly furnish the same to plaintiffs' attorney by a supplemental answer. For the purposes of these Interrogatories, "you or "your" refers to the defendants and their files and all other persons, ~ents or representatives of the defendants and their files. You" shall fUl:ther include all persons on whose behalf defendants prosecuted this action and all persons who will benefit or be legally bound by the results of this action. Your answer to the Interrogatories shall reflect and contain the knowledge of all of the above persons. References to plaintiff and/or defendant shall be interpreted as singular or plural, depending upon the particular circumstances of each case. The term "description" or "describe" as used herein shall mean that the defendants shall set forth the name and address of the author or originator, dates, title or subject matter, the present custodians of the original and of any copies and the last known address of each custodian. "Document" shall mean any written, printed, typed or other graphic matter of any kind, whether handwritten, typed or printed, whether distributed or undistributed. It shall include without limitation letters, memoranda, articles, studies, notebooks, diaries and notes, as well as all mechanical and electronic sound recordings or transcripts thereof in the possession or control of the defendants or known by them to exist. It shall also mean all copies of documents by whatever means made. Answer each Interrogatory in the space following the Interrogatory. Supplemental sheets may be attached for answers which require additional space. Please take notice that you are required to serve upon the undersigned your answers in writing within thirty (30) days pursuant to the Pennsylvania Rules of Civil Procedure. These Interrogatories are deemed continuing and supplemental answers should seasonably be provided. 33. revoked? (a) (b) il I ! (c) I , I (d) i I ~ I ANSWER II Have you ever had an operator's license suspended or r f so, s ta te: time and location of suspension or revocation; period of time of said suspension or revocation, including dates; reason for such suspension or revocation; and whether such suspension or revocation was lifted. - .. . , ;__, "--".7,"''1\". I.llNtIlt . ''''''''i.e;~; nUL .... ~~ '. , . i" t. ' ! . I. ,\" f i1.o I, , , , . 'j 11 ~. ~ 'f ~, I' r-' PLEASE TAXE NOTICE that pursuant to Pa.R.C.P. Nos. 4003.4 and 4009 and/or F. R.C. P. No. 34, please furnish at our expense, at our office, on or before thirty (301 days of service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/clisnt privilege I or, in the alternative, produce the said matter at said time to permit inspection and copying thereof. 1. Any and all documents referred to, relating to, :lr pertaining to any answer to any Interrogatory. 2. Any and all documents containing information relating to any answer to any Interrogatory. 3. Any and all statements concerning this action or its subject matter obtained by you or anyone acting on your behalf. 4. Any and all investigation reports, except those protected from discovery, prepared by you or by anyone on your behalf in regard to the evaluation and litigation of the instant action. S. Any and all curriculum vitae for each and every person whom you expect to call as an expert witness at trial. 6. Any and all expert reports from each person whom you expect to call as an expert witness at trial. 7. Any and all writings, memoranda, reports, statements and records, etc., which you, your company and/or client possess concern- ing the case, investigation or review of the plaintitt and his case. 8. Copies of all statements, memoranda, summaries of other writings, documents, diagrams and pictures obtained from your inves- tigation, your insurance company's investigation or your attorney's investigation into the incident involved. 'Iou need not supply any attorney's "work product" or other material which is specificaJ.ly excepted as privileged by the above rule. 9. All documents in your possession, custody or control pre- pared in anticipation of litigation or trial of this case, except those documents which disclose the mental impressions of your attorney or your attorney I s conclusions, opinions, memoranda, notes or sum- maries, legal research or legal theories, and except those documents prepared in anticipation of litigation by your representatives to the extent that they would disclose the representatives' mental impres- sion, conclusions, or opinions respecting the value or merit of the claim or defense. lO. To the extent that you have not already provided the same in response to previous requests herein, all statements obtaine~ from any witnesses or memoranda of conversations with witnesses or recordings of witnesses' statements made or obtained during the course of the investigation or matters relating to this law suit, and all such statements, memoranda, or records made by parties to this law suit or their representatives. 1l. To the extent not already provided in response to previous requests herein, all statements made by any party to this action, including written statements, signed or otherwise adopted or approved by the penon making it, or stenographic, mechanical, electrical or other recording or transcription thereof, which is a substantially verbatim recital of an oral statement and contemporaneously recorded, as allowed by Pa.R.C.P. 4003.5 and/or F.R.C.P. No. 34. 12. To the extent that you have not already provided the same, copies of all records, documents and memoranda which have any bearing upon the matters alleged against the requesting party or upon the responsibility of the requesting party for the matters alleged against the requesting party. 13. To the extent not already provided, copies of all experts' reports made or secured by you in connection with your investigation of the matters relating to this law suit. l4. To the extent not already provided, copies of all exhibits which you intend to offer into evidence at the trial of this matter. 15. To the extent not already provided, all photographs, motion pictures, diagrams, maps, surveys, plans and models of the site of the incident and of the vehicles in question that are in your possession. l6. Copies of Declaration Sheets for each and every policy insuring you against the claims made in the instant action. l7. Any and all documents which evidence any facts on the basis of which you will assert a defense against the cause of action stated in the Complaint. - . ExtIIbIt C . ", ,~ ',;,;:'~':~""'-, 7. On December 9, 1996, Plaintiff Christine E. Thumma attended and fully cooperated with the Independent Medical Examination performed by Dr. Boal in Camp Hill, Pennsylvania. 8. On January 6, 1997, Plaintiff's counsel wrote a letter to defense counsel requesting a copy of Dr. Boal's IME repo~t. A copy of the letter is attached hereto as Exhibit A. 9. To date, neither Plaintiff nor Plaintiff's counsel have received the report regarding the IME performed by Dr. Boal. 10. Pa.R.C.P. 4010(b) (1) mandates that defense counsel provide Plaintiff's counsel with a copy of Dr. Boal's report. 11. Defendant has been aware of Plaintiff Christine E. Thumma's injuries since the filing of the Complaint in February, 1996. 12. An arbitration in this matter is scheduled for February 21, 1997. In order to properly prepare for this arbitration, Plaintiff requests that your Honorable Court order Defendant to produce the expert report from Dr. Boal. 13. Defendant's counsel has absolutely no reason to fail to provide Dr. Boal's report. 14. Plaintiff is represented by Richard A. Sadlock, Esquire of the firm of Angina & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110, (717) 238-6791. 2 l'-.. ,,. ---.... .-( ~ \ -...l ~ ~ .~; --- c..; 11 J € ~~~." ) -,.. d I,,/tl'"/C. "rrl ,,. I .. I './ ,.. - Il... ~ c3 d ~ r. en ; \,": ;Il( ~~. ( - " ( ,. , , , j (..J ~. \ '. , , , u.,:' c:' t.:...< .' . j ~ " L.... '"'- (.- ..... .:j v' ,....., (J -ti -..,.. .., J u \j -3 '" 't ;~ \...J I) J .......- L.J. v' '-r ...{ ~ \J G ~- <::..