HomeMy WebLinkAbout96-03422
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7. During the third party case, counsel on behalf of
Defendant Horn and her insurer, also Erie Insurance Company, took
the position that certain work loss damages were claimable in the
first party but not the third party case,
B. However, Plaintiffs were permitted to assert these items
of damage before the jury, but did not collect them because the
jury found in favor of the Defendant on liability.
9. Plaintiffs filed the writ of Summons in order to assert
a claim for the remaining work loss benefits in the event their
appeal failed, which it ultimately did.
10. Plaintiffs' counsel has recently submitted to Erie first-
party's current attorney, Jeff Shipman, transcripts and documents
from the third party trial evidencing the claimed damages.
11. Plaintiffs believe that evidence from the fully-developed
third party record adequatEly documents the claim for the remaining
work loss benefits.
12. In the event that Erie denies any of these remaining
benefits -- totalling approximately $12,000 -- then the remaining
issues may well be amenable to arbitration or mediation.
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8. Admitted.
9. Denied, Counsel for Mr, Holley indicated that the
reason a Writ was filed was because Mr. Holley could not remember
if he received Wage Loss Benefits from Erie.
10. Admitted only that Plaintiffs' counsel has submitted
documents from the third party case to counsel for Defendant in
this matter, It is specifically denied, however, that the
materials support the Plaintiffs' claims.
11. Denied.
12. Denied.
NEW MATTER
13. According to the records in this first party case,
Plaintiff, Mr. Holley, was off work as a state correctional
officer from July 1, 1992 through September 7, 1992. He also
missed time from work for doctor visits on September 25, November
5, November 11 and November 17, 1992.
14. According to the medical records, those are the only
dates when Mr. Holley was not able to work for medical reasons
related to his automobile accident of June 30, 1992.
15. According to a report of Richard W. Fideler, M,D"
dated August 31, 1992, Mr. Holley was authorized to return to
work as of September 8, 1992.