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131 OLlER
I IN THIE COURT OF COMMON PLIEAS OF
I CUHBBRLAND COUH~Y, PBNNSYLVANIA
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I CIVIL ACTION " LAW
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I No. 96"4405 CIVIL TBRM
DOUGLAS HODBCKBR and
SIIIRLBY HODBCKIER,
Pla1ntatta
DON L. CASBY and
HARY Cll,SBY,
Detendant.
IN REI PRETRIAL CONFERENCE
A pretrial oonterenoe was held in the ohamber. at
JUdg. Oler in thi. oa.e on Wednesday, Augult 27, 1997. pr...nt
on behalt at the Plaintifts was Jame. W. Abraham, Esquire.
pre..nt on b~halt at the Defendants were Robert A. Learman,
E.~u1re, and Lindy Sweeney, paralegal.
This is an aotion tor negligence allegedly
committed by the Detendant possessors at land for the detective
oondition ot steps leading into Defendantl' houee. The
condition resulted in the fall of Plaintiff Douglas Hodecker,
who wae on the premises as a licensoe (social guest). Plaintiff
Shirley Hodecker sues for loss of consortium. The defense in
thi. case is that there was no negligenc8, and that Plaintiff
Douglas Hodeoker was oontributorily negligent.
This will be a jury trial in whioh, pursuant to
an agreement ot oounsel, each side will have four peremptory
ohallenges, tor a total at eight. The estimated duration of
trial i. two days.
Issues which may arise at trial include (a) the
ad.i..ibility of avidenoe that Plaintiffs' ohildren a..umed part
of Plaintiff 00U91a. Hodeoker'. dutie. on hi. far~, and (b) the
admi..ibility of .videnoe of a prior oonviotion of ~l,intiff
DOU91a. "adeokeY, and po..ibly a eimilar oonviction of plaintiff
Shirley Hodecker, for welfare fraud, for purpo.e. of
impeachment. The court ha. indicated it. inclination tc permit
evidence a. to the work undertaken by Plaintiffs' children, with
a cautionary in.truction to the jury that such evidence rolates
only to the issue of the loss of earning capacity of plaintiff
DOU91a. Hodeoker and that the children themselves have no claim
tor damages in this case. on thu issue of the admissibility of
the nonviction or conviction. for welfare fraud, the court has
indicated its inclination tn permit luch evidence to be
admitted, notwithstanding that the Plaintiff or Plaintiffs may
not have been sentenced to jail with regard to that offense or
those of tenses.
with respect to settlement negotiations,
plaintifts have demanded $70,000.00, and Defendants had offered
$20,000.00. However, Dofendants' offer has been withdrawn as of
the pretrial conference.
By the court,
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phYlic~lly I.cu~.d to the ~elidenQe by way ot naill or bolta, they were
wedged in aeourely and tightly and not prone to movem.nt or inatability.
The Oetendante will teetity thet it hed rained ell day and
continued to rain into the evening houre and at the time ot thi. incident
on Auguet 17, 1994.
XX. rACTS llIa1U11lXNG DANMIS I
The day following this incident, Mr. lIodecker tll8titilf.'d et
deposition that he began to feel pain 1n hie neck and numbneu in hie
right leg and sought. help from a chiropractor. lie reoeived Ililverel
treatments, He subsequently went to his family doctor on eeverlll
oee"eione, At the reconunend4tion of his at,torney, Mr, 1I0decker began
treating with another chiropractor, Dr, Gause, who has provided treatment
in the form of electric stimulation, heat treatments, chiroprsctic
manipuletion, traction and phyeicel therspy. ~'rel,ltment recorde from Dr,
Gouae reflect thet he saw Mr, lIodet;ker for 10 months, from September 16,
1994 through June 7, 1995. Dr, Gause diagnosed permanent injuries ot
chronic sprain/strain to the cervical epine with accompanied inatability
of myofascial pain syndrome in June of 1995. lIis prognosis was that
while Mr, Hodeckor has had sporadic improvement and progressive general
relief of his symptoms, he is sllbject to episodes of romission and
exacerbation and hilS sustained a 15% permanent partial spinal impairment
rated as 15% of the body Be e whole, Or. Gouse further reported, as of
June of 1995, that Mr, Hodecker will require ongoing periodic treatment
to keep his condition from worsenin9 and to msintain his level of relief
every three to six weeks for the foreseeable future.
While Mr. Hodecker l,Ippsrently has not sought further treatment
from Or. Gause (according to the doctor's records and according to Mr.
Hodecker's testimony at deposition) Or, Gause reiterated his opinions
with respect to disability and prognosis in a report dated June 18, 1996.
Additionally, in that report, he concludes that Mr. Hodecker is precluded
from performing his pre-injury job duties as a farmer, Presumably, this
will be Or. Gause's testimony at trial.
Plaintiffs' damage claims include the bodily injury claim of
Mr, Hodecker (permanent and incapacitating cervical spine strsin,
thoracic muscle spasms, right leg numbness, chronic and sever" headache a
Which caUSe temporary incapacity snd chronic and severe pain reSUlting
in permanent physical restrictions as to lifting, walking, standing and
physical labor) his past and future medical expenses, significant past
and present future wage loss and a permanent and Significant decrease and
diminished earning capacity, Mrs. Hodecker offers a clsim of loss of
consortium and both Plaintiffs claim that the Hodecker children are now
required to provide services Bnd assistance to their parents {their son,
Brian, ia required to perform farming activities and the eldest daughter
2
is now needed to pertorm homemsking dutiu usually pnfomed by her
mother, elf Mrs, Hodeoker nOli 1I0rks on the "arm),
Medical billa provided by Plaintith to petendants to dete
total approKimatQly ~7,600, Oetendants' liability insurer has tendered
a no-tault medical benetits payment in the amount or. 01,000 to
Plall\titte .
XXX. ITATIHaHT or X88U1lr
A. Negliqence of Defendants,
Oid a dangerous, hazardous or unsafe condition eKist
upon Defendants' property about which Oetendsnts knell or
should have known?
B. Comparative Neqliqen~e of Mr. Hodecker,
C. Nature and EKtent ot Plaintiffs' Injuries and Oamages.
The claims alleged in paragraph 15 ot Plaint.iffs'
Complaint as to replacement services alleqedly performed
by the Hodeckers' son (who allegedly was forced to quit
school and work full-time on the tami.ly tarm) and the
oldest daughr.er (who is no"l required to perform family
duties normally performed by Mrs. Bodecker) should be
eliminated, Neither child is a party to this litigation
and the statur.e of limitations with respect to this case
ran o~ August 17, 1996,
XV. IIVXDlINTXMY HA'l'TlJ\S WIIXCH ItIQUXItI IlJ1LINGlS I
A. Precluaion of claims on behalf of the Hodecker children
and any evidence relating thereto (see III above).
13, Admissibility of Mr, Bodecker's October 20, 1992 guilty
plea to obtainillg public weltare funds by
misrepresentation/ COlMlonwealth ',. Doualas J, Hodeck",
No, 860 Criminal 1992 - CumlJerl.and county C.C.!?
Criminal Division.
A conviction for a crime of dishonesty or. false
statement (crimen falsi) is admissible per se to impeach
the credibility of a witness if the date of conviction
or the last date of continement was not more than ten
years prior to the case on trial. Russell v, HUbicz,
425 Pa, 5120, 624 A,2d 175, 182 (1993). Crimes
involvino dishonesty or false statements include such
3
c. Christopher Qouse/ D.C.
P. Physioians Imalling Center
3. Plaintiffs' ~ederal, State snd ~ooal inoome tax r.eturns
for the years 1994 through 1996.
4. Chart analysh of Plaintiff'" income tax returns
prepared by Charlea ~, Black, CP~.
5. chart depicting qude point aVlluge of Brian Hod.eke/:
prepared by Charles A. Black, CP~
6. I!:mployment records of Douglas Hodecklllr from ~din Otto
~ollging,
7.
Emplornent records of Douglaa Hodllckllr from Jllny
IHeke .
8. Cllrtif1ed copy of docket entries from the Clerk .:if,
Courts of Cumborland County, Criminal Division in
Commonwealth v, Doualas J, Ilodecker, No, 960 Criminsl
1992, reflecting Plaintiff's plea of guilty to obtaining
public welfaro funds by misrepresentation.
Oefendants rOl5erve the right to add to or delete from this liat of
exhibits upon proper notice to the court and counsel,
VII, 8TX~TXON81
A. Stipulation that medical recorda can be utilized in thlt
examination of witneases by either party without the
nlted to call recorda custodians for hltalth care
providers to testify as to authenticity of said rltcords.
This requested stipulation is limited to authenticity.
Admissibility of any records ahall be a matter for
ruling by the trial court and tllia atipulation iIs not
intendltd to permit the Plaintiffs to introduce medical
rltcords as a substitute for competent medical opinion
tltstimony with respect to causation, treatment,
prognosis, etc.
B. Stipulation as to the authenticity of the records from
Bill Sprinll High School relating to Brian Hodecker to
alleviate the need to call a r.ecords custodisn from the
school district to testify as to authenticity.
5
top IIt8p, the BteplJ gav!! way and alid dil:8ctly down tho side ot the
houae, and Plaintiff fell to the ground, landing on hia teet, but
jamming hiB cel:vical vel:tel:mle, Nothin9 waa aRid by Pefendltnt to
Plaintitf pl:inr to Plaintiff going up tho ntepll,
At the time, Plaintiff did not feel injul:od, but the next
morning he could not get out of bod dUe the pain and BorenllBS in
hiB cervical area Bnd upper tOI:SO,
II. B'l'A'l'BMBN'l' OF BABIC FAC'rll AS 1'0 PAMAGBIlI
TIle main injury suffered by Plaintiff iB the injury to
thf.l cervinal arell, uppel: and middle back I1B II dil:ect rellult of the
fall, Plaintiff's treating chiropractor will testify that
Plaintiff has sUUered a "11S\ permanent partial spinal impail:1l1ent,"
Defendant's own I.M,IE, doctor COnfil:1l1ed thlit at the time
of hiB examination, in February, 1996, well over one year after the
accident, Plaintiff "is at approximately 80 to 05\ of hiB pre-
injury status,"
Plaintif f is a fal:1l1er and owns a 60 acre farm,
Accordingly, the injury has significantly reduced his ability to do
his normal, pre-injury farm work, Further, in order to supplemdnt
his f~rm income, Plaintiff had begun earning approximately
$7,000.00 per y~ar doing logging work, which he can no longer do as
a result of the accident, He farm wOl:k is severely restricted to
basically operating his tractor about 3 to 5 hours per day.
A~ a ~esult of the loss of Plaintiff to do the majority
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of the farm work, and the 10BB of groBB income from the farm atter
the accident, which Plaintit f submits iB $21,000,00 per year,
Plaintiff' B Wits has aBBumed many farm dutieB, and Plaj,ntUfB wen
forced to have their oldeBt Bon quit high Bchool in order to work
anti help Bupport the family, J,.lldntitfB alBo claim Iou of
consortium,
I II. STATBMBH'l' AS TO THB PRINCIPAL ISSURS 0' LIABU.ITY ANP DAMAOBS I
Plaintiff BubmitB that the staircase and entrance area
was unreasonably dangerous to persons entering Defendant's
reeidence, in thijtl
1. the staircaae/steps were not attached to the
structure/house, anchorac.', to tha house, anchored to the ground, or
otherwise Btablizedl
2, each side of the staircase, at the bottom, rested on
round "mountain" stones, and/or cinder blocks, either of which
created an unreasonably dangerous condition,
3, the entrance area was not properly lighted as there
was no light whatsoever/
4, Defendant, although it was dark outside and raining,
did not eay anything to Plaintiff regarding the staircase, e.g"
"watch you step", "be careful of the ateps II r nor were there any
othe warnings that the steps were not attached to the structure,
5, there was no bannister or railing for Plaintiff to
grab onto.
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Defendant's position is that the steps/staitaase was
there for over one (1) year (sincti July, 1993) and there have been
no problems I and therefore Plaintiff must be oontributorily
negligent, Plaintiff is aho a very heavy Bet individual I however,
Plaintiff submits that this is irrelevant as to liabilitYI as the
staircase should have been safe for any reasonable person,
Further, the steps did not break buc slid down and away
from the house because they were not attached, and/or wen not
properly secured at the bottom,
~v. SUMMARY or LBGAL ISBUBS RBGARDING ADMII:lBIDILI'l'Y ~
1, Plaintiff is not aware of the witnesses Defendant
will call, particularly expert witnesses (except for Defendant's
CPA), and Plaintiff may introduce Defendant's I,M,S. report.
2. Stipulation of counsel as to medical bills and
records of Pluintiff,
V. IDRNTITY or WITNBSSBS TO DB CALLBD ~
1. Plaintiffs
2. Plaintiffs' son Brian Hodecke~ and oldest daughter Mandy
Hodecker,
3, Dr. Christopher Gause
4. Adin Otto
,
5. Defendants on cross-examination, as well as any other
defense witnesses on cr.oss-examination.
4
VI. LIST 0' BXHIBITSI
1, All documente reoeived from Uefendant via Plaintiff'.
Requeet Vor Production and/or other diBcovery,
~, All medical record. end bille of Plaintiff,
3 , Photographs,
VII . CURRBNT STATUS Oil' SJlTTLIIMBN'l' NIlGOTIATIONS I
Plaintiff's initial offer in AUgUBt, 1995 waB
$125,000,00, and is curuntly $70,000,00, lJefend"nt's only offer,
made in July, 1996 wall $20,000,00, whir:h I~Qmllined the offer as of
mid-August, 1997.
ReBpectfully submittedt
--H~~
James W, Abraham, Bsq,
Abraham Law Offioes
1~2 Looust St,
Harrieburg, PA 17101
(717) 232-7825
Attorney for Plaintiffs
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c.aTI'ICATI 0' SlaVICI
.
I, Jamee W. Abraham, aequire, the undereigned, do hereby
aerti~y that I have served a true and aorreot copy o~ the ~or.going
dooument, by firet alaee mail, upon the following pereonle) , on tho
date indioated belowl
Robert A. ~erman, Bsq,
Griffith Strickler ~erman
110 South Northern Way
York, PA 17402
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DATlle 8/21/97
J~
JAMBS W. ABlWIAM, BSQ.
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warning, and Plaintiff's entire body tall dlractly downward, ralllng teet
tlrllt, and Impact 11111 tha ground I,n a jUll'plng and Jurklng /lotion, alld
landln\l ()tt~blllallce Ilnd etaggerlng to 1n4lntaln his balance.
On the
Clontrllry, It Is avo......ed that the stdroase did not giva WilY lit all,
suddenly or without warnlng, snd It Is avarred that Plalntlff did not
f/lll or impsct the ground in IIny mannar as a rosult of tha condition ot
tho woodon stalrcasu and strict proof thuraof Is haruby demllnded.
9. Ponied, It Is donlad thllt Plaintiff sufforod any injurios as
a ruult of allY fall or Incidont on Pefendants' property,
litter
reasonable Investigation, answering Pefendants are without knowledge or
information aufficient to form a belief as to the truth or veracity of
the allegatlona contained In paragraph 9 of Plaintiffs' Complaint and the
aame are denied und strict proof thereof Is dem/lnded,
10. Penled, It Is denied that Plaintiff' a Injuries, as a result
of the fsll, WIJre solely, directly and pro)limately caused by the
negligence of Pefandants, as the aforesaid staircase was defuctive and
created sn inherently dange::ous condition to persons, in that Pufendants I
(a) failed to properly construct the stepe so that persons
could usa the steps safaly without significant risk of
harm 1
(b) failed to properly and regularly Inspect the steps to
insure that persons could walk safely theraon without
si9nificant risk ot harml
(c) hiled to secure and attach the staircase against the
structure of tho house I
(d) failed to anchor and secure tha stslrcase to the ground,
(a) failed to maintain the staps in proper conditionl
(f) tailed to post any warnings, andlor provlda any verbal
warnings, to persons using said stepsl
a
tailed to properly da4ign the 4taircaae 40 that peraone
could Uee the atepa aately without aigniticant riak ot
harml
Ih) tailed to proparly illuminat~ the doo~way end atapa aree
to InAkll it aaN tor plllraona tIeing the IItepa at night, lIII
dig 1'li1intift.
(Ill
On the contrary, it ia /lverred thllt /It all tilllee relevant,
Oetendanta acted car.etullY' laWfully, proporly and prudl,ntly, with due
care and in compliance with the laW,
11, Penied,
It ie denied that aubae'luent to Plaintift' a tall,
Petendanta made repalre to said IItepll an%r have replaced the /Itdrcaae
entirely, and sdded 11\1ht fixtures or li\lhtinq in the atepa area, in
order to avoid injUries to persollll UBill\1 lIaid IItepa, On the contrary,
it ia averrsd that any BUPllequent or poat-accidont chan\lea to the area
of Pll\intiff'll alle\led fall lire irrelevant and inadmillsible at trial,
By way of further answer, it ia averred that Pefendants, aUbsoquellt to
the completion of construction of thoir new home. constructed a permal\F.lnt
deck at tho back of the home and as a result of the conatruction, no
longer. needed tho steps which are the subjoct of this litigation,
1;1. Peni<ld. It is deniad that the Pef'lOdants were ne\ll1\1ent, The
remaillinq allegations of paragraph 1;1 of Plaintiffs' Complaint are denied
in that after reasonable investigation, answering Defendants are without
knowledge or information sufficient to form a bellef as to the truth or
veracity of the allegationll contained in paragraph 1;1 of Plaintitfll'
Complaint and the lIame are denied and IItrict proof thereof is demanded,
13. Penied. It is denied that the Defendants were neglJ.gent, The
remaining allegations of paragraph 13 of Plaintiffs' Complaint are d<lnJ.ed
in that after reasonable investigation, answering Defendants are without
knowledge or information sufficient to form a belief as to the truth or
)
veracity at the allel/ations conto!lined in pllul/rllph l~ ot 1'1IIintitta'
Complaint IInd the semo lire denied and strict proot theroot ia delnllnded,
14. Donied. It ia denied that the Dohndllnts were,l1IIl/lil/ent, 'I'he
remaininQ allel/allons at pllr41)raph 14 ot L'lftintitts' Complaint aro deniod
in that attor roasonable invostiQation, IInllwerinl/ Potundants are without
knowledQe or inr.ormati'1I1 1I11fflc1.mt to form II belief. all to tho truth or
veradty at the 1I11e\Jatlons contllined in p~rllgraph L4 at L'laintHts'
Complaint and tho lIame lira donied and IltrlCt proof thereof is delnanded.
15. Doniod, It ill (hll1ied that tho Ilefendtlntll wero I1IIl/lil/ent. 'rhe
remainin\l alle\lations of partll/raph 15 of l'lalntlffll' Complaint are denied
in that after reallonllblo invelltiqation, Ilnllwerin\l Pofendllntll are without
knowled\le or information sufficient to form a belief all to the truth or
voracity of the alllJgationll cOlltained in paragraph l5 of 1'1IIintlffs'
Complaint and tho IIl1me are deniod and Iltrict proof thereat ill demanded.
WH~~Ero~~, Dofendantll demand jUdgment in their favor and a\lainllt the
l'lllintlffs, to\lethor with cOllts of suit,
Iy w.Y of tu~th.~ an.w.~, D.t.ndant. ....~t the tollowingl
NZW HATTIR
l6. I'lIragraphll 1-15 of Defendants' IInllwer and Now Matter are
incorporated herein by reference as thouqh fully set forth at len\lth.
17, l'laintlffll' Complaint f/llls to state /I cause of acllon upon
which relief can be \lranted,
18. Plaintiffs' Complaint may be barred by applicable statutes of
limltlltion,
19. Plaintiffs' injuries and darnal/es, if any, were caused solely
and directly all a result of the ne\lli\lence, cllrelesllness and recklessness
4
ot the PleLntiU, Oougl,1II 1I0decku, which MgiillOnCl/, clIrelellllnellll IInd
rockle.sness consisted otl
Ie) flliling to look Wh'lrll hI! Will wlllkinlll
Ibl tlliiing to wlIlk clIrofullYI
Icl fllilinll to keep 1I propar lookoutl
Id) flIil1ng to tllkll /Jpproprlllte lInd proper clIutlone for "is
own uhtYI
(e)
slipping, tripping,
in lIn Broa free
detective condition
st1lmbHn'J and/or allegedly tllll1ng
trom Bny dllnQerous, ha~lIrdous or
tor no /lppllrent rllllsonl
If) 1I11ppinll, trlpping, stumbHn'J lind/or allllgedly fllll1ng
for no Bpparent reasonl
Ill) tlliling to observe a condition he now clllimll WIIS
hll~lIrdous I!nd unsatel
Ih) tlliling to llxerciso prudont snd appropridte csre tor his
own sstlltYI
(i) flliling to Wllar appropriate footwearl
(j) feLling to considor and as/less lighting conditions in
hill UllO ot the stepll or route or travel which he now
cll/ims was hszardousl
(kl t~iling to observe an /lroa he now claims was hszsrdoual
(11 choosinll to traverso an ares he now claims was dangorous
and detective; and
1m) klcking, hitting, or otherwillo mOVing the wooden
staircase away from Defendants' residence to give the
sppearance thet t.he stair.caee shifted, dislodged, or
moved accidentally.
20. The condition of which Plaintiffs now complain, was or should
havlI been known to Douglas Hodecker.
21. The condition of which Plaintiffs now complain wss obvious to
Mr. Hodeckor or to a reasonable person in the position of Mr. Hodecker.
22. Plaintilf, Douglas Hodecker voluntarily IIssumed the risk of
injury and is therefore barred from rocovory.
6
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IN 'I'HI!: COUI\'I' or coMMON t'I..I!:I\f3 or CUMJl~I\J,/lNP COUN'l'Y, 1'li:NNSY1N/lNI/I
,I
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DOUG~S HODItCKItI\ ~nd
SHXR/.It'f HODli:CKInI\,
Civil /lotion - "aw
J?ldntlffa
VIS.
No, 91H40~
DON ". CAS~'f and MARY CASEY,
Detendan~" .
CI.flrlCAfl or ,~.VIQ.
b
I'
this 29th day of October,
1996,
,
1, Robart A. "erman,
AND NOW,
I!:squire, a member of the! Hrm of GI\l~'I"I'rll, B'l'IUCI<"EI\, "I!:IlMAN, SO"'iMOIl &
CALKINS, I!:squirea, hereby certify that 1 have, Lhis dltte, served s copy
of Deporsition Notice dirllr.:ted to MGM Pharmacy, Inc" by United Statea
Mail., ac.lduued to the puty or attorney of record as follows I
JBmes W. /\brahsm, li:aquire
Abraham "aw Officea
116 "ocuat Street
HaJ:rispurq, P/\ 17108
Attorney for Plaintiffs
rl\ICKLEl\, LERMAN,
os & C/\"KINS
il
BY'
ROBERT /\. LEIlMAN
Attorney for the Defendant
Supreme Court 1.0. *07490
110 South Northern Way
York, Pennsylvania 17402
(717) 757-7602
, ,
dlh \cuey. ,uP. ~
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19. penied. It is denied that Plaintiffs' injuries were
aauaed Bolely and direotly as a result of the alleged negligeno.,
oareleunen .nd reoklelBnn of Douglas Hodecker, It ie turther
denied, that pougla. Hodeckerl
A. failed to look where he was walking, as he was doing
.0 in a r8810nable manner at ell relevant times hereto I
B. failed to walk aeretully, as he waB doing so in a
rea.onable nwnnGr at all relevant times heretol
C. failed to keep proper lookout, es he was doing so in
a reesonable manner at all relevant times hereto,
p, failed to take appropriate and proper cautions for
his own safet)-' / as he was doing so ill a reasonable manner at all
rolevant timas heretol
B, slipped, tripped, stumbled and/or fell for no
apparent reason I as he fell .s a direct result of the negligenoe of
Pefendanta, as stated in the Complaint, which is incorporated
herein by reference,
F, slipped, tripped, stumbled and/or allegedly fell tor
no apparent reaoon. as he fell as a direct result of the negligence
ot Defendentlll, as stated in the Complaint. which is incorporated
herein by reference,
G. failed to observe a condition he now claims WISS
hazardous and unsafe, as he made any and all reasonable
observations under the circumstances involved in the fall, at all
relevant times hereto,
I
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H. failed to exuoise prudent and appropdate oare for
his own safety, as he exercised reasonable, prudent and proper care
at all relevant times hereto, for purpoles of his sarety,
I, failed to wear propllr footware, as the footwear he was
wearing was reasonable and properl
J. railed to consider and assess tho lighting conditions
in his ule of t.he steps or route of travel, as he made any and all
reasonable alllessments 81 to the lighting OOnditions, under the
oiroumstances involved in the fall at all relevant times hsretol
K, failed to observe an area he now claims is hazardous,
as he made any and all reasonable observations of the area at all
relevant times heretor
L. chose to traverse an area he now claims was dangerous
and defective, as he acted in a reasonable manner at all relevant
times heretol
G. kicking, hitting, or otherwise moving the wooden
staircase away from Defendants' residence to give the appearanoe
that the staircase shifted. dislodged or moved aocidentally, as he
specifioally denies that any of these tactual allegations took
place prior. during or subsequent to the fall, to give any alleged
"appearanceo" ,
By way of further answer, at all relevant times hereto.
Plaintiff Douglas Hodecker acted in a reasonable manner, as a
reasonable person would have acted under the circumstances, and
further, as stated in the Complaint, whioh is incorporated herein
by reference, he was invited by Plaintiff Don L. Casey, into
Defendants' residence, Defendant Casey proceeded up the same steps
upon which Plaintiff would fall immediately thereafter, without
incident and without any indication to Douglas Hodecker of any
problem or defect in the stepl.
20. and 21. Denied, The averments contoined in
Paragraphl 20 and 21 of Defendants' New M~tter are denied in that
at all relevant timee hereto, Plaintiff acted ae a reasonable
pereon under the circumBtancee, and thUB was not aware, and could
not have been aware, of any hazardous or dangerous oondition,
particularly in view or. the tact the Defendant Donald Caley
proceeded upon the saine steps upon which Plaintiff would fall
immediately thereafter, without, incident and without any indication
to Douglas Hodecker that there was any problem or defect in the
steps.
22, Denied. The averments oontained in paragraph 22 of
Defendants' New Matter constitute a legal oonolusion to which no
response is required I and 1,t is further denied that Plaintiff
voluntarily assumed the risk of injury and ie barred from recovery,
as Plaintiff aot~d in a reasonable manner at all relevant times
hereto.
23. Denied. The averments contained in paragraph 23 of
Defendants' New Matter oonstitute a legal conolusion to which nQ
response is required. Plaintiffs hereby inoorporate by reference
their answen to parngraphs 16 through 22 of Defendants' New
Matter.
24. Oenied. It i. denied that Plaintiffs' injuries and
d.IMg... were Claused 1I0lely, and dirlotly and proximately as a
re.ult of the negligenol, Clar.elellsnells and recklelsnels ot
individuall or entitl-es other thlln Oefendants, lIlI any and all
il\jurie. and damages as IItated in the complaint, were /lolely,
direCltly and proximately oaulled by the negligenoe of Defendants, all
IItated in the Complaint, whioh ill inoorporated herein by reterenoe.
25. Denied, It is denied that Plaintiffs' injuries and
damges did not ooour on t.he premises owned, occupied or under the
oontrol of Defendants, IS any and all injuries and damges IS atated
in the Complaint, wore Bolely, direotly and proximately cUllsed by
the negligenoe of Defendllnts, as statod in the Complaint, which is
incorporated herein by reference.
26. Penied. The averments contained in paragraph 26 of
Pefendantll' New Matter are denied as Plaintiff Douglas Rodeoker ha.
taken any and all reasonable steps for purposes of treatment of his
injuries, and other damages, caused by Pefendants' negligenae, in
order to mitigate any and all damages suffered as 11 result of
Defendants' negligenoe.
27. Denied. The averments contained in paragraph 27 of
Defendants New Matter are denied as Plaintiffs injuries and
damages, as stated in the Complaint, continue and are ongoin9, and
eaid injuries are of a permanent rsture,
IN THB COU~T OF COMMON ~L!AS OF CUMB!~LAND COUNTY, P!NNSYLVANIA
DOUGLAS HODEC~E~ and
SHI~LEY HODEc~m~,
Civil Action - Law
Plaintith
VI.
No. 96-HQ5
DON L. CASEY and MA~Y CASEY,
Detllhdantl
C.R~I.ICA~. O. ...VICI
AND NOli, this
);3 rJ...-da y
1997,
I, ~ob.l:t A. Le l:IIIIn ,
at JUly,
mlquil:II, a membllr of thll firm of G~IF'ITH, STRICKLE~, L!~, BOLYMOS ,
CAL~INS, Elquires, hereby certify that I have, thil datil, lervlld a copy
of Defendant.. bqu.e.t tor: ,,*.l.adon. 1:0 .la4.nUtt., by Uni tad Statu
Mail, addl:lIsaed to the party or attorney of record as followSI
James W. Abraham, Esquire
Abraham Law Offices
116 Locust Street
Harrisburg, PA l710a
Attol:ney for Plaintiffs
BYI
OB!~T A. LERM
~ttorney for the Defendant
Supreme Court I.D. '07490
110 South Northern Way
York, penn6ylvania 17402
(717) 767-7602
mlc\ouey.adm.1t
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'IX) '1llE POOTllOfCl'MY 01;' aMlEIUJ\lfJ COUf'll'V
Pleese liat the following CaBl' I
(Check one)
x) for JURY tdal at the nUlIt tet1n ot! civil court,
for trial without II jury.
------------~~------------~---------------
CJ\P'I'ION 01' CABE
(entire Cilption fTJJat be stilted in full)
OOlXlLAS HODECKEll and SHTlILEY IlODItCKItR
(chfJOk one)
( x) Civil Ar.:Uon - Law
Appelll from Arbitrlltion
(
( other)
( Plaintiff)
VB,
DON L. CASEY and MAllY OASEY
The trial list will be called on
----
!I/1d August l~, 1997
Trials cOlllnence on Septl?f11ber 15, 1997
Pretrials will be held on ..August- 21. 19'37
(Briefs ora due 5 days before pretrials.)
(OlIfendant)
VB.
(The party Hsting this case for trial shall
provide forthwith a copy of the praecipe to
all counscl., pursuant to local llUle 214.1.)
No. 96-4405 Civil Law
19 96
Indicate tho attorney who will try case for the party who files this pr.Bec1pel
James W. Abl:aham, Esq., Abraham !,aw Offices, 122 Locust St., Harrisburg, PA 17101
Counscl for Plaintiffs
Indicate trial counBel for other partics if knoW/II
Robert A. Lerman, ESQ. Grif.fith Strickler Lermsn, 110 S. Northern way, York, PA 17402
Counsel for Defendants
This case is ready for trial.
Signedl""" t~
"....I
Print Namel James W. Abraham, Esq.
Attorney forI Plaintiffs
Datel
7/28/97
, I
, i
DOUGLAS HODaCKBR and
SHIRLBY HODBCKBR
Plaintiffs
IN THB COURT or COMMON PLBAS
CUMBBRLANO COUN1'Y, PBNNA.
v.
NO. 96 . 4405
CIVIL ACTION . LAW
JURY TRIAL DBMANOBD
OON L. CAS BY and M~Y
CASBY
Defendants
COMPLAINT
AND NON, come PlaintiffB, Douglas Hodecker and Shirley
Hodecker, by and through their attorney, James W. Abraham, alquire,
Abraham T_aw Offices, HarriSburg, Pennsylvania, and files the
following I
,
,
l. Plaintiffs, Douglas Hodecker and Shirley Hod.cker,
are husband and wife, and currently reside at P.O. Box ~64
Newville, Cumberlan~ County, Pennsylvania.
2. Defendants, Don L. CaBey and Mary CaBey, are husband
and wife, and currently reside at 1471 Pine Road, CarliDle,
Cumberland County, Pennsylvania, and are the owners of said
property.
3. On the night of August l7, 1994, at approximately
9: 00 p.m., Plaintiff Douglas Hodecker (hereinafter. "Plaintiff"),
was visiting the aforementioned residence/property of Defendants,
as Plaintiff was invited onto said property as a neighbor of
Defendants, to work on an automobile.
4. At the aforesaid time and place. it began to rain and
Defendant Don L. Casey then invited Plaintiff to join IBid
Defendant inside the Defendants' residence.
5. In order to proceed inBide Defendants' residenoe,
Defendant Don L. Casey, began to climb the outside, wooden
stairoase, consisting of two (2) stepB, whioh lead up to the door
of Defendants' residenoe.
6. Plaintiff, following Baid Defendant's lead, prooeeded
up the stairoase/Bteps behind Baid Defendant.
7. Defendant Don L. CaBey proceeded up the steps and
into the house without incident and without any indioation of any
problem or ~efect in the staircase.
B. As Plaintiff stepped onto the top step of the wooden
stairoase, the staircase gave way suddenly and without warning, and
Plaintiff' B ImtirQ body fell directly downward, falling feet Urst,
and impacting the ground in a jamming and jerking action, and
landing off-balance and staggering to maintain his balance.
9. Plaintiff, as a result of this fall, suffered
numerous injurieB, including but not limited to, permanent and
incapacitating cervical spine Bprain, strain and damage, thoracic
muscle spaBms, right leg numbness, chronic and severe headaches
which cause temporary incapacity, and all of which oause
continuing, chronic and severe painl and reSUlting in permanent,
physical restrictions as to lifting, walking, Btanding and physical
labor.
lO. Plaintiff'B injuries, as a result of the fall, were
solely, directly and proximately caused by the negligence of
Defendants, as the aforeBaid staircase was defective and created an
inherently dangerous condition to personB, in that Defendants I
A, failed to properly aomlltruCJt the IIteplll 10 that
perlonl could UI8 the ItepI uhly without llIigniUcant rhlk of
harml
B. failed to properly and regularly inspeCJt the Itep. to
inlure that person. could walk safely thereon without .ignificant
risk of harml
C. failed to llIecure and attach the stair~aBe against the
structure of the houBe,
D. failed to anchor and Becure the IlIta1J:case to the
ground I
B. failed to 11lIintain the steps in proper condition I
P. failed to post any warninglll, and/or provide any verbal
warnings, to perBonB uBing Baid 6tepsl
G. fa1l.ed to properly design the Btaircase 110 that
personll could use the stepa safely without Bigl1iHcant risk of
halml
H. failed to properly illuminate the uoorway and steps
area to make it safe for persons using the IlIteps at night, as did
Plaintiff .
ll. Plaintiff believes an~ therefore avers that
llIubsequent to Plaintiff's fall, DefendantB made repairs to llI8id
steps and/or have replaced the staircase entirely, and added light
fixtures or lighting in the steps area, in order to avoid injuries
to persons using said steps.
r.
I
,
l2. AB a further reoult fo DefendantB' negligenoe, and
the injurieB BUffered by Plaintiff hereto, Plaintiff haB Buffered
signifioant paat, preBent and future wage lOOB, and will
permanently Iluffer a aigniHcantly deCrl9aBed and diminllhllld earning
oapaoity.
13. All a further reBult of DefendantB negligencfl, as
Btated in Paragraph 10 hereto, Plaintiff haB incurred, and will
continue to Buffer and incur in the future, pain 1I11d Iluffering,
lOBS of life' Il pleasureB, 10s13 of the feeling of well being,
anxiety, and the exp~nBeB and inconvenience of further medical care
and treatment.
14. Plaintiff, Shirley Hodl9cker, Wife of Plaintift now
and at the time of Plaintiff's fall, has BUffered lOBS of
oonBortium and companionBhip, including but not limited to,
intimate r.elations with her Husband, as a r8Bult of the injurleB
suHered by Plaintiff, duo to the negligence of Defendants 8B
Btated in Paragraph 10 hereto,
15. As a further result of Plaintif.f's injuries,
plaintiff's family members have been overly and unduly burdened aB
a result of Plaintif.f' s incapacity from said injuries, as the
Plaintiff's oldest son was forced to quit high school and work tull
time on the family farm; and Plaintiff Shirley Hodecker has had to
perform farming dutiee as opposed to her family duties, e. g. ,
cooking, cleaning, shopping, etc.; and therefore the oldest
daughter has had to perform the family dutieB normally performed by
Plaintiff Shirley Hodecker.
"
,
WHIIRBIIORB, PlaJ.ntJ.l!h Douglas Hodecker and shirley
Hodeoker, request Your Honorable Court to awax~ Plaintitto damageB
from the OetendantB in an amount in excelll8 of Fitty Thouund
($50/000.00) I in an amount in exceBB of oompuloory abitration, and
any other reliet the Court n .lY deem proper.
ReBpecttully Bubmittedl
('
--
JameB W. Abraham, B8q.
Abraham Law otficBB
122 Locust St.
HarriBburg, PA 1710l
(717) 232-7825
Attorney tor PlaintiffB
DATil "-/&" 't,
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