HomeMy WebLinkAbout96-04942
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e~EP 1 G 1997
G. KIP BOLLINGER, Administrator :
of the Estate of Frank Hair,
Deceased,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-4942 CIVIL
Plaintiff
vs.
MANOR HEALTH CARE CORPORATION
and LEADER NURSING AND
REHABILITATION CENTER,
Defendants
JURY TRIAL DEMANDED
o R D E R
AND NOW, this ~ day of ~c vitt ,..,L,c.r , 1997,
upon consideration of plaintiff's Motion to Compel Discovery and
for sanctions, a Rule is issued upon Defendants to show cause why
the relief requested should not be granted and the sanctions
should not be imposed.
RULE RETURNABLE within ~" days of service.
BY THE COURT:
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FILED-OFFiGF.
OF THi: hl'lr\!l:tl'J;,~RY
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\. ROLF E, KROll, ESQUIRE
PA Allorn,. 1.0. No, 47243
REYNOLDS. HAVAS
A P,of...lonll COfpor.'lon
101 Pin' SU"I
Po,l Olliel Box 832
Hlrrl,burg, Plnn,ytv,nl' 17108.0932
t7171 21&.3200
ATTORNEY FOR PLAINTIFF
G. KIP BOLLINGER, Administrator
of the Estate of Frank Hair,
Deceased,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
NO. 96.4942 CIVIL
vs.
MANOR HEALTH CARE CORPORATION
and LEADER NURSING AND
REHABILITATION CENTER,
Defendants
JURY TRIAL DEMANDED
PLAINTIPP'B MOTION TO COMPBL DIBCOVBRY
AND NOW, comes Plaintiff G. Kip Bollinger, Administrator of
the Estate of Frank Hair, Deceased, by and through his counsel,
Reynolds & Havas, a professional corporation, and moves to compel
Defendant Manor Health Corporation and Leader Nursing Rnd
Rehabilitation Center to provide full and complete answers to the
Interrogatories and Request for production of Documents served
upon Defendants, and avers the following in support thereof.
1. This is a medical professional liability action which
was commenced by Complaint filed on September 5, 1996, and served
upon Defendants on September 11, 1996. A copy of the Complaint
is attached hereto, incorporated herein by reference and labeled
"Exhibit A".
2. In his Complaint, Mr. Bollinger contends that
Defendants were negligent and reckless in the nursing care
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provided to his father-in-law, Frank Hair, which ultimately lead
to the development of a Stage IV decubitus ulcer.
3. As part of discovery, Defendants were served with
Interrogatories and a Request for Production of Documents
("Discovery") on April 22. 1997.
4. By letter dated June 30, 1997, more than 30 days after
the service of the Discovery, Plaintiff's counsel notified
defense counsel that unless a response was provided within 10
days, a motion compel discovery would be filed. A copy of the
June 30, 1997 letter is attached hereto, incorporated herein by
reference and labeled Exhibit "B",
5. On August 5, 1997, after not receiving any response to
the Discovery, Plaintiff filed a Motion to Compel Discovery with
this Honorable Court.
6. By Order dated August 11, 1997, the Honorable Wesley
Oler, Jr., issued a Rule upon the Defendants to show cause why
the relief requested should not be granted.
7. On the day following the expiration of the August 11.
1997 Order, counsel for Plaintiff, as a professional courtesy,
called defense counsel and inquired of the status of the
discovery responses. Defense counsel assured counsel for
Plaintiff that the discovery responses would be forthcoming.
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B. On September 9, 1997, defense counsel served
'Defendant's Answers to Plaintiff's Interrogatories" and
'Defendant's Answers to Plaintiff's Request for production of
Documents." A copy of the Answers to the Interrogatories and to
the Request for production of Documents are attached hereto,
incorporated herein by reference and labeled Exhibits 'C" and 'D",
respectively.
9. A cursory review of the Answers to Interrogatories
reveals that Defendants have not answered any of the discovery
that is central to this litigation. This after months of delay
in answering the Discovery in the first place, and after
plaintiff was forced to file a Motion to Compel to secure even
these inadequate answers.
10. In the event a party fails to respond to discovery, Pa.
R. Civ. P. No. 4019(a) (1) (i) provides as follows I
The court may, on motion, make an appropriate
order if
i. A party fails to serve answers,
sufficient answers or objections to
written interrogatories under Rule 4005.
11. In light of Defendants' failure to respond to the
Discovery, it is respectfully requested that this Court Honorable
enter an order compelling Defendants to sufficiently and
completely answer all discovery, as more than five months have
elapsed without any substantive answers to discovery already
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Datel
0~t7
47243
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served. Upon failure to do so, Plaintiff requests appropriate
sanctions, including an order requiring Defendants to provide
the requested documents and precluding testimony or exhibits at
trial concerning any of the matters within the scope of the
Interrogatories and Request for Production of Documents already
served.
WHEREFORE. Plaintiff G. Kip Bollinger, Administrator of the
Estate of Frank Hair, Deceased, respectfully requests this
Honorable Court to enter an order compelling Defendants to
sufficiently and completely answer all discovery or to suffer
appropriate sanctions.
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REYNOLDS & HAVAS
A Professional Corporation
101 pine Street
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Plaintiff
G. XIP BOLLINGBR, ADMINISTRATOR or
THB BSTATB or rRANK HAIR, DBCEASBD
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ROLF E. KROLL. ESQUIRE
Pa, Supre.e Court 1.0. No. 47243
REYNOLDS & HAVAS
A Profeaalonal Corporatlon
101 Plne Street
p', O. BOK 932
Harr18buro, Pennsylvanla 17108.0932
Telephone: 17171 236.3200
FAX: 717 236.6863
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Attorney for Plalntlff:
G. KIP BOlliNGER, Admln18trator
of the Eatate of FRANK HAIR, Deceased
G. KIP BOLLINGER, Administrator:
of the Estats of FRANK HAIR, :
Deceased,
,IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
110.
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MANOR HEALTHCARE CORPORATIOIl
and LEADER NURSING and
REHABILITATION CENTER,
Defendants
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I JUR~ TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED III 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 filing in writing with the Court your defenses or
objections to the claims sec forth against IOU. 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 SIIOULD TAKE TillS PAPER TO YOlm I.AWYER AT ONCE. IF 'lOll no No'r
IIAVE ^ LAWYER OR CANNOT AFFORD ONE. GO TO on 'rELEPIlONF. TilE OFFICE
SF.'!' FORTII IlELoW 'I'D FIND OUT WIIERF. 'lOll CAN GET LE01\[, 1lF.T.r.
NOTTcr 1\
La han demandado a uated an :a .:crto. 9i uated quiera
dafenderse de !latas Jemandao ax~ueDtaB in 1aJ paginas sigulenteu,
lIsted tiene '1tento (~O) di,lfl do 1'1.1;;0 11 p,lr-::ir jo le fer"~ ,j" 1,
demanda y ls notirlcaclon. Vuted Jeto prODentar una apa
.)t1crit.:l Q an r-eroonil 0 par 1bcQilU:J '/ Il.Chl'..,1t. 'ln 1il cort EXIIlBI'J'
Fc>rnil oacrita al}!l It=,tf'!nn,ll.Zi :1\10 ;:r;"jT;~:,,~nG!= 1 ~.:lO dot1nn !tAll
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contra de su persona. Sea advisado que si usted no se detiende,
la corte tomara medidas y puede entrar una orden contra usted sin
previa adviso 0 notiticacion y por cualquier queja 0 alivio que
es pedido en la peticion de demanda. usted puede perder dinero 0
e~ propiedades 0 otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO
T!~~~IA~OG~~~ 0 SI NO TIENE EL DINERO DUFICIENTE DE PAGAR TAL
~~~~!C:=~_'. ~AXA EN PERSONA 0 I,LAME POR TELEFONO A LA OFICINA C1JYA
!I!!!!;!;;!;;!Q!!. ~E ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON DE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
cumberland County Court Administrator
4th Floor, Cumberland County courthouse
Carlisle, pennsylvania 17013
(717) 240-6200
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ROLF E. KROLL. ESQUIRE
PI. Supra.a Court 1.0. No. 47243
REYNOLOS & HAVAS
A Profaaaionll Corporation
101 Pina Street
~.O. Box 932
Harrisburg, Pennsylvania 17108.0932
Telephone: 17171 238.3200
FAX: 717 236.6863
Attorney for Plaintiff:
a. KIP BOLLINGER, Adlini,trltor
of the Estate of FRANK HAIR, Oaooased
G. KIP BOLLINGER, Administrator:
of the Estate of FRANK HAIR, I
Deceased, I
Plaintiff I
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.IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No.
MANOR HEALTH CARE CORPORATION
and LEADER NURSING and
REHABILITATION CENTER,
Defendants
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes Plaintiff, G. Kip Bollinger, Administrator of
the Estate of Frank Hair, deceased, by and through his counsel,
Reynolds & Havas, a Professional corporation I and avers the
following:
1. Plaintiff, G. Kip Bollinger ("Plaintiff"), is the
personal representative of the Estate of Frank Hair, deceased, in
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whose Estate Letters of Administration were duly granted by the
Register of Wills of Cumberland County, Pennsylvania.
2. Defendant, Manor Healthcare Corporation ("Hanor
Healthcare"), is a Delaware corporation orqani~ed pursuant to the
laws of the State of Delawarel with a registered offlce in
Pennsylvania cia United states corporation Company, 319 Market
Street, HarriSburg, Pennsylvania 17101.
.
3. At all tim.. relevant to this Complaint, Hanor
Healthcare maintained the Leader Nursing and Rehabilitation
C~nter ("Leader"), 940 Walnut Bottom Road, carlisle, Cumberland
County, Pennsylvania 17013.
4. On or about September 23, 1994, Frank Hair ("Mr. Hair")
was admitted to the Carlisle Hospital with a principal diagnosis
of hypercalcemia resulting from hepatocellular carcinoma of the
sClerosing type.
5. During his admission at Carlisle Hospital, Mr. Hairls
skin assessment was found to be within normal limits, with the
skin turgor adequate and the skin moist and warm.
6. The Carlisle Hospital records reflect, however, that
Mr. Hair had pilonidal surgery in 1938, for which he had a small
reeidual abnormality in that area.
7. On September 27, 1994, Mr. Hair was discharged to his
home in an ambulatory status.
S. Over the next month, Mr. Hair became more dependent in
light of his medical condition and his family had difficulty
caring for him.
9. When Mr. Hairle dependency reached the point where the
family could no longer provide the care he reeded, his family
consulted the Administrators at Leader.
10. After the family was assured that Leader would ensure
Mr. Hairls dignity if he wae indeed admitted, the Hair family
agreed to his admission.
11. on October 21, 1994, at approximately 2100 p.m.,
Mr. Hair Wae admitted to Leader.
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12. At the time ot the admission, Hr. Hair was plac.~ 1n
Leader's skilled nursing section with the goal to keep him as
comfortable as possible.
13. Initial orders written upon Mr. Hair's admission to
Leader indicated that Mr. Hair required skilled nursing services.
14. Shortly after admission, a pressure ulcer risk
assessment was performed by Sherry RUPP, LPN. The pressure ulcer
risk assessment tool provides for an evaluation of seven (7)
specific areas, including general physical condition, mental
status, activity, mobility, incontinence, nutritional status and
existing skin breakdown.
15. Ms. RUpP'S assessment of Mr. Hair's status at the time
of his admission showed absolutely no existing skin breakdown.
16. The total scores of all areas assessed on the pressure
ulcer risk assessment tool was a score of eight (8), which
indicated Mr. Hair was considered to be at risk for developing
pressure ulcers and, therefore, qualified Hr. Hair for a mattress
overlay or a speciality bed.
17. No mattresS overlay or speciality bod was orderen at
the time of admission.
lB. At approximatelY BI45 p.m. on October 21, 19941 the day
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of Mr. Hair's admission to Loader, a conference was hold between
Hr. Hair's family and Leader employees.
19. DUring this conferenco, Hr. Uair'D 'Hifel Chloe Hair
("Hrc. Hair"), alerted Leador emplo'looo ot tho presence ot hor
husband's pilonidal cystl which at the time at admission appeared
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as it had for the last 30 years . . . small, clean and without
drainage.
20. The Leader employees assured Mrs. Hair that the cyst
would be cared for and that all the staff would be alerted of its
existence.
21. Over the next several days, Mr. Hair became more
confused and more unresponsive.
22. During this time frame the Hair family found Mr. Hair
unattended covered with urine.
23. Nurses notes on October 23, 1994, reflect Mr. Hair's
skin was dry and intact.
24. On October 24, 1994, nurses notes reflect that there
was absolutely "no skin breakdown II and that the skin was dry and
intact.
25. On October 25, 1994, the nurses notes again reflect
that Mr. Hair's skin was dry and intact.
26. On October 26, 1994, after repeatedly finding Mr. Hair
unattended, the Hair family hired a private duty nurne to care
for Mr. Hair.
27. It was the private duty nurse who first discovered the
huge, gaping open area on Mr. Hair's butto~ks. The private duty
nurse immediately reported her discovery to the Leader staff
member, Jean Peterson, R.N.
28. Only after the Hair's private duty nuroe diocovered the
gaping open area did Leader employees note the area of necrosis
on Mr. Hair's coccyx area that was ultimately described as a
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staqe IV skin ulceration which was 7 cm. X 9 em. in lenqth and
.5 C11I. in depth.
29. A stage IV skin ulceration involves a full thickness of
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skin loss with extensive destruction, tissue necrosis or damage
to muscle, bone and supporting structures.
30. Despite the extensive loss of skin and tissue necrosis
present, no Leader employee noted'the area of skin breakdown
prior to the discovery of said ulceration by the Hair's private
duty nurse.
31. Based on the severity of the pressure ulcer, orders
were instituted immediately for Mr. Hair to be turned every two
hours and an alternative air preseure mattress to be applied to
his bed.
32. Nurses were instructed to irrigate the pressure ulcer
dressing in the sacrum three times a day and as needed to apply
Vaseline to the opened areas of the preesure ulcer.
33. Needless to say, these dressing changes were very
painful to Mr. Hair.
34. Despite the treatment provided, Mr. Hair progressively
deteriorated and ultimately expired on November 3, 1994.
a. KIP BOLLINGER. AS ADMINISTRA'l'OR OF TilE ESTATE
OF FRANK IlAIR v. MANOR IlEALTJlCARE, INe.
and LEADER NllRflINO ANn RBIlAnnITA'l'ION CENTER
35. The foregoing paragrapho of thio complaint are
incorporated herein by reference ao though Dot forth fUlly at
length.
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36. Defendants, Kanor Healthcare and Leader are liable to
Plaintiff for the injuries and damages alleged herein, which were
directly and proximately caused by its negligence, gross
negligence, and/or reckless indifference with respect the care
and treatment provided to Mr. Hair by:
a. Failing to implement precautionary
measures to prevent the development of
skin breakdown I
b. Failure to maintain Mr. Hair in a clean,
dry environment so to prevent the
development of skin breakdown I
c. Failure to turn and position Mr. Hair
periodically from side to side so as to
provide relief from pressure leading to
skin breakdown I
d. Failure to observe Mr. Hair's skin
condition on a routine basis, as per the
nursing standard of carel
e. Failure to provide Mr. Hair with daily
bathing and skin care, so to prevent the
development of skin breakdownl
37. As a direct and proximate result of the negligence and
recklessness of Manor HealthCare, Leader and their agents,
apparent agents, servants and/or employees as set forth above,
Mr. Hair suffered serious and painful injuries, including the
development of a stage IV skin Ulceration. .
30. As a direct and proximate result of the aforesaid
injuries, Mr. Hair was forced to endure unwarranted pain,
SUffering and discomfort for the last days of his life.
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39. 18 a direot and proximate r..ult' of the afor..~
injuries, Hr. Hair was subjeoted to gresthum'i1iation durlri;"th~'
~ast daye of his life, and claim is made therefor.
40. The aforesaid negligence occurred as a result of
Defendants negligence, gross negligence and reckless indifference
and disregard to the rights of Mr. Hair, and a claim for punitive
damages is made therefor.
WHEREFORE, Plaintiff, G. Kip BOllinger, Administrator of the
Estate of Frank Hair, deceased, demands judgment against
Defendants, Manor Healthcare corporation and Leader Nursing and
Rehabilitation center, in the amount in excess of Fifty Thousand
($50,000.001/ exclusive of interest and costs, and in excess of
any jurisdictional amount requiring compulsory arbitration.
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Respectfully submitted,
REYNOLDS' HAVAS
A prOfi~;nal corporation
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R lf . ,Kroll, Esquire
Attorn,,, 1.0. 110. 47243
101 Pine street
P.o. 80)( 932
Harrisburg, PA 17108-0932
(717) 236-3200
Attorneys for Plaintiff,
G. Kip bo1linger, Administrator of
the EBtata of Frank Hair, Deceased
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VERIFICATION
I, G. Kip BOllinger, depose and say, sUbject to the
penalties of 18 Pa.C.s.A., A 4904, relating to unsworn
falsification to authorities, that the facts set forth in the
foregoing pleading are true and correct to the best of my
knowledge, information and belief.
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G. Kip Bollfnger
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June 30, 1997
Thomas J. Williams, Esquire
Martson, Deardorff, Williams & otto
10 East High Rtreet
carlisle, PA 17013
REI Hair v. Leader Nursinq Home
R&H 2943-1
Dear Toml
On April 22, 1997, I forwarded to you Interrogatories
and Request for Production of Documents. I do not yet have
responses to this discovery. Unless I hear from you within ten
days of this letter, I will file a Motion to Compel Discovery.
Of course, if there is some reasonable need for a continued
extension, I will be glad to hear from you. However, given the
particulars of this case, I am compelled to keep the case moving.
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1R61f E. Kroll
REK/dlh
eCI Mr. Kip Bolinger
EXIITnf'I'
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~nltN INlIl1fnt~4UM
G. KIP BOLLINGER, Administrator of the :
Estate of Frank Hair, Dcccased
Plalntil1'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, I'ENNSYL VANIA
v,
CIVil. ACTION. LA W
NO, 96-4942 CIVIL TERM
MANOR ilEAL TII CARE
CORPORATION AND LEADER
NURSING AND RElIABlLlTATION
CENTER,
Dcfcndant
JURY TRIAL DEMANDED
DEFENIMNT'S ANSWt:RS TO
PLAINTIFF'S INTEI{ROGA TORmS
TO: G, KIP BOLLINGER. Adminislrator or thc Estutc of Frunk Iluir, J>eceused. !'lnintlll',lInd
his utlomcy. ROLF E, KROLL, ESQUIRE
A 11'ACHED PLEASE FIND Answcrs of Defendant to Intcrrolluloricsof Pluintlff,
M1:DI' Roo~~=orro
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Thomas j, WlIliums. ESljuirc
W, Durren Powell. ESljuire
Tell Enstlllllh Street
Curlislc,l'A 17lJ13
(717) 243.3341
Atlomeys Ihr Delcndunl
Dute: Septcmber R. 1997
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1. Identify the individuals answering these Interrogatories on
behalf of Defendants including:
( 1) name;
(2) present address, if known, or last known address
(business and residence);
(3) job title, business affiliation or job classification at
the time of the events referred to in the interrogatory
answer;
(4) current employer, if known, or last known employer, and,
(5) telephone number (business and residence).
Helen Moloney. NHA
2. 940 Walnut Bottom Road. Carlisle, PA 17013
3. Administrator
4. Manor HealthCare Corp,
5. 249-0647
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2. Set forth the dates you had professional contact with Frank
Hair. Please consider this a request to produce all records
relating to said professional contact, excluding any
prsviously supplied medical records.
Frank Hair was a resident of lhe Leader Nursing and Rehabilitation Center. 940 Walnut
Bottom Road. Carlisle. Pennsylvania from October 21. 1994 to November 3. 1994, The complete
chan ofthls admission has previously been provided.
3. state the name and last known address or each person whol
a. Was a witness to the nursing care and treatment or
examinations through sight or hearing I
b. Has knowledge or facts concerning the nursing care and
treatment or examination or conditions or circumstances
at the time of the nursing care and treatment or
examination prior to, after I or at the time or the
incident, except those persons who acquired such
knowledge during the course of this litigation, and
c. state the person's exact location and activity at the
time of the treatment or examination.
With the exception ofTammy Clark. CNA. the only persons having knowledge ofthe care
provided to Mr. Hair during his admission are those rellected In his chart which has previously been
provided to Plaintiffs,
Tammy Clark. CNA is known to have assisted one of the CNAs whose names appears on
the chan ofMr, Hair, A wriuen statement ofTummy Clurk. CNA has previously been provided,
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4. Have you or anyone actinq on your behalf obtained from any
person any statement concerninq this action or its subject
matter? It so, stater
a. The name and last known addrese of each person I
b. When, where, by whom and to whom each statement was made,
and whether it was reduced to writinq or otherwise
recorded I and
c. The name and address of any person who has custody ot any
such statements that were reduced to writinq or otherwise
recorded.
Please consider this a request to produce those statements
referred to in the ahove answers.
Yes,
4, Polly Ann Ivory
Tammy Clark
Debbie Cunningham
Olna Barvlnchack
D. Poonnan
b, All of these ladies were employees of Manor l-JeahhCare Corp, In OCtober
1994 Only Tammy Clark is still employed by Manor HeallhCare Corp,
today, She can be reached IhrouHh counsellor Defendant, The present
addresses oflhe 01 her II1divlduals are nOI known \0 Defendant,
c, Helen Moloney, NHA
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5. Have you given any statement(s) concerning this action or its
subject matter to anyone, including an agent or representative
of your insurance carrier? Ie so, state:
a. The name and address of each psrson to whom the statement
was givenl and
b. When and where such statement was given.
Please consider this a request to produce those statements
referrsd to in the above answers.
The only statements given are those descnbed in answer to Interrogatory No, 4, A copy ot'
all statements are attached; however. it is believed counsel for Plaintiffs Is already in possession or'
same,
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6. If you know of anyone that has qiven any statement (as defined
by the Rules of Civil procedure) concerninq this action or its
subject matter, state I
a. The identity of each such personr
b. When, where, by whom, and to whom each statement was
made, and whether it was reduced to writinq or otherwise
recordedr and
c. The identity of any person who has custody of any such
statement that was reduced to writinq 01' otherwise
recorded.
None other than has previously been mentioned,
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7. Have you or anyone on your behalf conducted any inve.tiqations
of the medical care which is the subject matter of this
complaint?
At the instruction of the Administrator. Kathie Eisenhart. the Director of Nursins. Deb
Poonnan. spoke to family members and also interviewed staff, The Adminlstator and the Director
of Nursins also reviewed the history of this admission as charted, This was done for quality
purposes. rather than an "investigation." and also to respond to the questions and concerns of family
members,
8 . It the answer to the preceding Interrogatory is in the
affirmative, state:
a. The name, address and employer of all persons who
conducted any investigations;
b. The dates of the investigations; and
c. The dates of any reports of any investigations and the
identity of the persons who have possession thereof.
Please consider this a request to produce those statements
referred to in the above answers.
a, Deb Poorman. present aodress and employer unknown,
b, October 27. 1994 and the following several days,
c, No wrillen "report" was crealed,
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9.
It you. or someone
4003.5, conducted
identity;
a. Each person and the employer of each person who conducted
any investigation(s); and
not an expert subject to Pa, R.C.P. No.
any investigations of the incident.
b. All notes, reports or other documents prepared during or
as a result of the investigation(s) and the persons who
have custody thereof.
See answer to Interrogatory Nos, 7 and 8.
10. Do you claim that the plaintitt was contributorily or
comparatively negligent and/or assumed the risk ot injuries
and damages as set forth in the complaint? It the answer to
this Interrogatories is in the affirmative, state the
contentions which you or anyone acting on your behalf base a
claim for contributory or comparative negligence and/or
assumption of the risk.
~,
11. Is there any person who has knowledge or information
concerning this case whose name and address is not listed in
the preceding answers to Interrogatories, other than the named
Defendants and their counsel? for each pelson, please state
his/her name, address, occupation and place of employment.
12. state the namee of any persons interviewed, questioned and/or
contacted by you regarding the subject matter of this
litigation and include in your answer the followingl
a. The address of the person interviewed/
b. The method used in interview (i.e., in person, by written
inquiry or by telephone) /
c. The date of the interview/ and
d. The substance of the interview provided to you by the
person interviewed.
None, other than those alreallY mentlonell,
III
a. The name of the writing;
b. The author of the writing,
c. The publisher of the writing,
d. The date of publication of the writing; and
e. The identity of the custodian of the writing.
13. If you intend to use any book, magazine or other such writing
at trial, state:
Items to be used at mal have not yet been detennined, These will be provided In accordance
with local rules of procedure,
13
14. Identify each person WhOlD you expect to call as an expert
witness at the trial of this case. In accordance with
Pennsylvania Rule of civil Procedure No. 4003.5 you may file
as your answer an expert report or have the Interrogatories
answered by the expert. The answer submitted as a separate
report shall be signed by the expert. with respect to each
person that you expect to call as an expert witness at the
trial of this case, state:
a. His or her name, residence and business addresses,
profession and occupation I
b. The name and address of his or her present employer or,
if self-employed, the name of the business and his or her
occupation I
c. His or her educational background, specifying colleges
attended, dates of attendance, degrees attained, and a
detailed list of all writings prepared by the expert or
in which the expert participated in any way whatsoever I
d. Specific identification of all courses attended, seminars
attended, or other activities on the part of the expert
in the past 10 years which were concerned with the
subject for which the expert was retained in this caser
e. The name and address of the persons or firms for whom the
individual worked during the past 10 years and a detailed
description of all duties at each place of employment.
If the expert was self-employed, state specifically and
in detail the description of his or her duties and
responsibilities I
f. Present hospital affiliations, if an'll
g. The caption, inclUding the court and document numbers of
any other casee in which the expert has participated in
any fashion (inclUding depositions, hearings or any other
proceeding within the last 10 yearsl
h. The caption, including court and docket number of any
action to which each expert has been a part'll
1. Please supply a curriculum vitae for each of your
expertsl
j. The subject matter on \~hich he or she is expected to
testify I
k. The facts and opinions to which he or she is expected to
testify I
1,1
1. A summary of the grounds for each opinion,
m. Whether the facts and opinions listed in the above
Interrogatories are contained in a written report,
memorandum or other transcript and, if they are, give the
name and address of the present custodian of the same and
sate whether you will produce same without the necessity
of a motion,
n. The author, title, date and publisher of any article,
text, part of a text, treatise, paper or speech or any
other source of information upon which the expert will
rely in expressing his opinion,
o. The date on which you first contacted the expert,
p. The hourly rate or other measure of payment to be made to
said expertl and
q. Identify all documents submitted to the expert and all
products or locales inspected by the expert in connection
with preparation for his or her testimony.
An eKpen to testifY al trial has not yel been determined. This information wlll be
supplemented If the decision Is made to use a trial eKpen,
us
Objection is made as being beyond the scope of discovery,
15. If the opinion on any expert listed above is based in whole or
in part on any code, regulation or standards, government or
otherwise, identify the said code, regulation or standard and
specifically set forth the section it relied on.
1G
111. It the opinion ot any expert lilted above is based in whole or
part upon medical textbook or other pUblication, identify said
text or publication.
ObJOCllon II mado .1 bolnll boyund tho scopo of discovery,
17. If in answer to any Interrogatory you attached a copy of a
report, does the expert have any additional opinions or
knowledge not contained in said report? If so, state:
a. The facts and opinions not contained in the report I and
b. A summary of the grounds for each opinion.
Objection is made as being beyond the scope of discovery,
1B
18. Identity each expert you intend to call as a witness at the
trial ot this matter, and for each expert state I
a. The subject matter about which the expert is expected to
testity I and
b. The substance of the facts and opinions to which the
expert is expected to testify and a summary of the
grounds for each opinion. (You may file as your answer
to this Interrogatory the report of the expert or have
the Interrogatory answered by your expert.)
See answer 10 Interrogatory No, 14.
19
\,
t_
19. Do you have anything in writing by way or minute.,
contractural documents, statements or memorandum or parties,
diagrams, blueprints, pictures or any other writing or
document which you anticipats possiblY using at the trial or
this matter? If ao, please identify each and every item and
advise us as to the name and address of the person who has
custody of the writing and/or document.
See answer to Interrogatory No. 13,
20.
If it i8 your contention that you were not negligent with
respect to treatment of plaintiff's condition, provide I
a. The facts supporting that contention I
b. Identify any documents containing facts supporting that
contention,
c. Identity of each individual who has knowledge of a fact
supporting that contention I
d. The identity of each individual who will testify to the
facts supporting that contention I and
e. A summary of the substance of the testimony of each
individual identified herein.
Objection on Ihe basis Ihat negligence is a legal conclusion. Objeclion to Ihis quesllon 15
further made on Ihe basis thaI is beyond Ihe scope of discovery, To Ihe exlenl an answer is required.
Ills reslated Ihal witnesses to testilY allnal have nOl yel been delermined, Funher. counsel for
Defendant has nol yet recommended a position on lIabllllY and will nOI do so untlllhe complellon
of discovery
2l
21. It it is your contention that any element ot damage. alleged
in the complaint or the proofs and extent of the damage.
described in p1aintift's response to your Interrogatories is
not causally relatsd to your negligence as alleged in the
Complaint, providel
a. The specific item alleged to be unrelated,
b. Identify any documents containing facts supporting that
contention,
c. The factual basie for your contention if the item is
unrelated,
d. The identity of the individual who will testify to any
fact in support of your answer herein, and
e. A summary of the testimony of eaoh individual identified
in response to subseotion d. of this Interrogatory.
Objection is based on the grounds that the question of causation involves a legal conclusion,
Objection Is further made on the grounds that the lntbnnation requested IS beyond the scope of
discovery, The elements of damages alleged In the Complaint have nOl been admltlell by Defendant.
and are. therefore. for the Plaintiffs to prove at trial.
"\~
....
22. If you contend that Frank Hair was neqliqent or in any way
responsible or that any other individual is responsible for
his injuries as alleged in the complaint, please state:
a. The factual basis for your contention I
b. Identify any documents containing facts supporting that
contention I
c. The manner in which Frank Hair or the individual as
deecribed is responsible for the injuriesl
d. The identity of the individual who will testify to any
fact in support of your answer hereinl and
e. A summary of the testimony of each individual identified
in response to subsection d. of this Interrogatory.
Please see Ihe answer 10 Inlerrogalory No, 10,
;!J
23. Identify all exhibits that you intend to use at the trial of
this matter and state whether they will be used during the
liability or damages portion of the trial.
Exhibits. if any, to be used at trial have not yet been determined. These will be provided in
accordance with Cumberland County Rules of Procedure,
24
,t__
24. For each non-expert witness you intend to call at trial,
providel
a. Their name. address and telephone number;
b. Their relation to you, if any; and
c. A summary of the facts each will offer into testimony.
Witnesses to be called at trial have not yel been delennined, These will be provided In
accordance with Cumberland County Rules of Procedure,
all
2S. state whether Defendants, Manor Health Care corporation andlor
Leader Nursing Home, were covered by or the sUbject of any
policy or liability insurance for the injuries arising out of
the instant case.
Yes,
~6
-
2 Ii. It the answer to the preceding Interrogatory is in the
affirmative, state the following as to each such policy of
insurance:
a. The name of each insured under the policYI
b. The perlod of the policy;
c. The amoun~ of coverage provided by the policy for bodily
injury for each person, for each occurrence and in the
aggregau;
d, The amount of coverage remaining for satisfaction of the
judgment of this casel
e. The type or policYI
f. The name and address of the carrier througn which the
policy was issued:
g. state whether an exclusive under the policy is or may be
applicable to any claims presented by Plaintiff's
Complaint I and
h. state the preclse language of each exclusive which is or
may be applicable, and in summary form. the facts on the
basis of which it is contended each such exclusion is or
may be applicable.
I
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n-c, See declaration palle allaclt'ed hereto,
d, N/A
e-f. See declarauon palle au ached herelo,
I!-h.. PHI CO has declined coveral!e lor punitive damage claims,
,~
- ,
27. At the time of the allegations made in plaintiff's complaint,
did you have any excess coverage policy or policies of
insurance. If your answer is in the affirmative, please state
as to each such pOlicy:
a. The name or names 'of the insurance carrier;
b. The policy numbers;
c. The named and additional insured;
d. The limits of excess coverage; and
e. The effective dates of the policy.
8.e, See declaration paso. auached hereto,
~B
.-..-,
2 B . Insurance-- It you are' covered by any type ot insurance,
includinq any excess or umbrella insurance, that miqht be
applicable to the incident in this matter, state the followinq
with respect to each such policy:
a. The name of the insurance carrier which issued the
policy;
b. The named insured under each policy and the policy number
of each policy;
c. The type(s) and effective date(s) of each policYI
d. The amount of coverage provided for injury to each
person, for each occurrence and in the agqregate for each
policy, and
e. Each exclusion, if any, in the polioy whioh is applicable
to any claim thereunder and any reasons, if any, why you
or the carrier claim the exclusion is applicable.
n.d, See response to Imerro!!ntory No, :7
e, PHlCO had declined covera!!e as 10 the punitive damages and none of the
e~cessJumbrel1a1butTer poliCies alter Ihe underlying coverage.
39
See response to Interrogatory No, 26 Soh,
29. state whether this ca.e is being defended by the attorney who
has entered his/her appearance on Defendants', Manor Health
Care corporation and/or Leader Nursing Home, behalf subject to
a reservation of rights agreement between you and your
insurance carrier.
10
30. It the answer to the precedinq Interroqatory is in the
affirmative, as to each reservation of riqhts aqreement state
the following I
a. The name of each party to the agreement I
b. The date the agreement was entered intol and
c. According to your information, what is the stated
position of the carrier as to the reservation of rights.
See response 10 Interrogatol)' No, :8,
11
.
,-
31. Identity each rule, policy, procedure, regulation, guideline,
inseruction, recommendation, manual, handbook, collection ot
orders or notice and/or other documents in effect during
:,!r. Hair' s admission to the Defendant Leader nursing Home
regarding the components of appropriate care/examinaeion of
skin assessmene of paeients admitted to your facility.
Detendant is reviewing its documentalion and upon completion thereot: will supplement its
response to Ihis Interrogatory,
'"
.-
32. O..oribe any actions taken by the penn.ylvania stat.
Department of Health or other requlatory bodie8 to
investigate, discipline or reprimand you or to limit, suspend,
terminate or deny hospital or nursing home privileges to you
over the past 10 years.
Objection is made as being beyond the scope of discovery and not calculated to lead to the
discovery of relevant information,
JJ
33.
O..iqnat. wh.n, it .v.r, Hr. Hair'. .kin condition wa.
.xamin.d and/or a......d tor .kin br.akdown and d..ignat..
a. The h.alth care provid.r by nam., occupation, titl.,
addr...,
b. The date, time ot d.y, nature and Bcope ot the
a.....m.nt'
c. What the ass.ssm.nt entailed,
d. Th. findings or the said ......m.nt' and
e. Whether said assessment w.. documented in the medical
records.
Dclendanl bclicvcs lhat Mr, Hair's skin condition WIIS cxumincd/asscssed on a rcgular basis,
For documented assessments. see complete admission chan previously provided,
34
>-1
34. Describe in detail every discussion or contact of any nature
which you or your employees had with Plaintiff or any member
of his family regarding his medical condition, treatment or
diagnosis or any other relevant matter. The description
should include, but not be limited to:
a. The time and place of the discussion:
b. The identity of any document, note, record, memoranda,
letter or any other reduction of information to a
tangible form regarding each contact:
c. The substance of what you said to the individual:
d. The substance of what the individual said to YOUI
e. \~hat conclusion or assumptions you drew from your
conversation with the individual I
f. With respect to each conversation or contact identified
in this Interrogatory, identify any person known to you
to have witnessed the conversation or contact by stating
their name, current address, business address and
relationship, if any, to youl and
g. state whether any of the individuals identified as
witnesses to the conversation will testify for you at
trial and summarize in detail the facts to which they
will testify.
Objection is made to this Interrogatory as being overly broad and unduly burdensome. To
the eXlent an answer is required. it is averred that the administrators and professional stalT of
Defendant spoke with members of Plain tilTs' family on a continuous basis dUring his admission. and
spoke with PhtintitTwhen he was conSCIOllS,
]5
35. state with particularity the tactual basie tor each detens.
you are asserting in this caS8.
Objection is made 10 Ihis Inlerrogalory lor Ihe reasons previously staled, Moreover.
Defendant is unsure what is meanl by "each defense you are asserting in this case,"
]6
g.
The special restrictions, if any, imposed on you
license (s) .
36. Liceneure--If you were required by law or requlation to be
licensed for the activity in which you were engaged at the
time of the incident, state I
a. The type of license required:
b. The date you first obtained such a license:
c. The dates of issuance and expiration of your current
license (s) :
d. The identity of the authority that issued your
license (s) :
e. The number of your license(s) I
f. The nature and duration of any revocation or suspension
of your license(s) I and
Defendant is reviewing its licensure records and will provide the appropriale response to this
Interrogatory upon completion thereof.
37
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37. state completely and in detail every opinion that you
personally or any person employed by you in your regular
practice will give at trial concerning each of the following
areas:
a.
b.
d.
The standard of care applicable to this caser
~our conformance or non-conformance with the standard of
carel
c.
Any other physicians' or health care providers'
conformance or non-conformance with the standard of carel
The existence or non-existence of negligence on your part
or the part of any person participating in Plaintiff's
carel
e.
The presence or lack of a causal connection between your
treatment and the injuries alleged in the Complaintl
Whether Plaintiff' e conduct contributed in any fashion to
his injuryr and
What the outcome in Plaintiff decedent's case would have
been had his stage IV decubitus ulcer been diagnosed and
treated earlier.
f.
g.
Objection as being unduly llurdensome. over broad and incapable of complete answer, To
the extent an answer is required. it is stated thaI the willlesses to testilY al trial. and the extent of
their testimony. has not yel been detennined, These will be provided in accordance with
Cumberland County Rules of Procedure, It is anticipated that the professional slatT whose names
appear in the chan of Mr, Hair. plus Tammy Clark. CNA will testilY about the care provided to
Mr, Hair and explam thaI care in context; however. Defendant does not believe that this testimony
will nse to the level of "opmlon,"
3B
~
38. For each opinion in the proceedinq Interroqatoryl
a. state the factual basis for the opinion I
b. List every textbook or portion of the medical literature
you consulted or relied upon in forming that opinion I and
c. If not heretofore provided, summarize the grounds for
each opinion.
Not applicable,
30
ObJectlon Is mllde liS being beyond the scope of discovery,
39. If you contend noW or if you will oontend at trial that the
treatment utilized by you in treating plaintiff'S oondition
was oonsistent with the reoognized methods oontained in
medical and nursing literature, provide by author, title.
publioation and date of publication, each referenoe upon which
you will base that contention.
,
,
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40. Please designate the person or penon_ moet knowledgeable cr
the financial operation and status of Defendant, Leader
Nursing Home, for the year 1994.
Defendant is detenninin!! which individuals would be responsive to this request and upon
such detennination will provide the names thereof.
..
oil
Defendant is a corporation and the requested Infonnation is inapplicable to a corporation.
41. Were you disciplined, reprimanded or counseled in any fashion
for the care you provided to Frank Hair? If so, please
indicate the nature of the discipline, the manner of
counseling and if such was documented.
Please consider this a request to produce those statements
referred to in your answer.
.liI
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;?1./-:k.b"'~/~~~~"'o?'~ ~-~~
L"I .p:~~ d/~,7& ~~ '-
.~~d':: d7df;/ 27tb/:~ ,;/~f7~' ~'L/
/.'~~~tVl_?tK&~~ ,~ L 4!~.~~ /-i;'
'3.!. t!i j'I't~ ~'t'- ';!/~~/~ ~"
.::.. ~/~r'./.' t-r -//J~"J<-<- ttt. '/n~~h~.ptd .Ul...AI ,,,'.;.:;.
C7 {.... '. ""U;~f' ~;Y'
~~.!c~
J' INSURANCE COMPANY
On, PHICO Orlv" P 0, Bo. as
MHhonlooburQ, PA 17OS5-0085
(717) 780-1122
Named Insured Bnd Addr8la:
RENEWAL DECLARATIONS
HEALTH CARE PROVIDERS
COMPREHENSIVE LIABILITY POLICY
(OCCURRENCE PROFESSIONAL L1ABIUTY)
Producer Name snd Addren:
MANOR CARE !NC
10750 COLUMBIA PIKE
SILVER SPRING MD 20901
ALEXANDER & ALEXANDER INC
CHANDLER BUllOINO
," MARKET PLACE
BALTIMORE MD 21202
Policy Number: HCL 3964
Renewal 01 HCl 3964 (93.94)
Polley Period: From
06/01/94
To
OB/Ol/95
'201 . m Slandlld Tim. allhl add""
of thl n,mld ,n'uted .. ".l,d herein.
The Insurance provided Is only wilh respect to the cov8lsges described below for WhiCh premiuma are Indicated the Iim~s of PHICD's
lIablh1'/ as respacls each such coverage shall be as l1aled below, sublecl 10 all relevanl lerms of IhlS pohcy
COVERAGES
LIMITS OF LIABILITY
ADVANCE PREMIUM
I\. Inslllullonal ProfesSional L1ablll1'/
Escn Men'callncldol'l
, 000 000 .
,\gglega\e
J 000 000
;lnCIUOGO
B,' Personal Injury L1abih1'/ and
Property Oamage L1abili1'/
E acn Occurrence
1000,000 .\,
"g9re98le
3,000,000
$Included
".
ESCh InCident "ggregale
NOT COVERED
$NOT INCLUDED
1;..1
Olleclors, OHlcers and Truslees
L1ablli1'/ and SlaH Privileges Prolecl,on
Initial EHective Dale (SlaH Priv,leges Prolection):
POLICY FORM NUMBER: HP01,000B.00(l/92)
ENDORSEMENTS:
~IIA
TOTAL PREMIUM: 52,345,285,00
TOTAL ADVANCE PREMIUM: $2,345,28500
HP03.0oo1.01(3/90)
HP03.0oo2,02(2J931
HP03.0053.01(1/92)
HP03.oo45.02( 1/921
HP03.0327.00(2i931
HP03.0200.Ql (1,921
11P03.0000.oo15,871
HP03ooH-02I1m:
t'F03,0054.j]\II :1:::
HP03.0 172 ,02(1/921
HP03.0312,00111 nl
"POJ,0022,01l1 nl
i.POJ O::!.tJO~17 nl
MP03.Q052.0t (1192)
~F03.0003.011\'nl
'.POJ,0094.01l1921
""',3,O~61.0\ll n)
rorsons Insured under Coverage A (I apollcatl8l 'rc:.:e I as '''dlealac C'I an' \ ",' .
( X ) Professional employe~s I)llhe namad Insured Cl~et Inan physicians, ',':. ,r.
( X ) Prclesslonal studenls clIt'9 named Insured :Ihet IMII 1~5,aonls .' J
.. " l,~
( X) Voluntesrs olltlo named Insured, (1I1011"a', phyalclnno QI teSld9~IS ,..; ,.I,'.,
( )
~ :.. '"" '~~ .: : :: . :...., -;
: ,', i ;.t "t.\ I"~ ':"" . .t. ''1 ~ 111
I ' ........";.. ' . f ... .. ~ ; C'
This Declarallons. wllh tho Polley Form, the Appllcallon and endoroemsnls.1f any, Inued to 101m 0 pori hereol, complelu
the above numbered Health Care Providers Comprehenslvs Liability Polley,
I1OUO() Dale 0712719,\
,,1 ..
/ 'y.~,.,~~'- ~
*"1 '-... - ..~'-'. ~
.'i'.J'.:(;I1I/liJ UJMrJA'-t! HEPt\E5lu,rA"iivr: _'4_____
i\in
HF'1~G']:', rr; i:':- 01'1.'
PHICO Insurance Company
One PHICO Drive p, 0, Box 85 Mechanlcsburg, PA 17055-0085
, , ,
ThII tndOl'lllTlll't foIn1S'. pan of the policy 10 whlcllllUlChld. Iffectlvt on the InceptJon dlle oIth. PdIlcy unleu
otherwlae ltatld herlln..AII policy provISions and condnlons nOI amended herein remain unchanged, cmelnlonnatlon
btIow II requRd rJdi When endorsement Isliaued sLibdlldMt to'pIlIII:f,t .... ---. ~ '-.,-
Named lnaured end Addre..:
Producer Neme and Addrl..:
Endcrllmlnt Number: 42
Polley Number: Ii CL j 964
Endoralmlnt Enlattyl Date: 06/01/94 Policy Period: From 06/01/94 To 06/01/95
12:01 a.m" standard time at the addreu 01 the nemed Inlured.
SEPARATE LIMITS OF LIABILITY..COVERAGE A
SCHEOULEOINSUAEOS
In consideration 01 the premium charged, Section VI-Umns 01 Uablllty ot the policy u reBpectB Coverage A, InllnUllonal
Pr0l8l810nal Uablllty, only, IB amended to read:
Covlrlge A-Regardless ot the number otlnluredl under this policy or the number ot elelml made, PHICO'I liability
Is limned as folloWB:
As to each Inlured Bcheduled below, PHICO'B lotal liability lor all damages because 01 all bodily Infury and
property dlmlge shall not exceed the limn of liability lIated In Ihe Schedule below as the 'aggregate' u respects
Coverage A.
Subject to the above provision wnh reBpect to 'aggregate.' as 10 each Inlured echeduled below. PHICO's lo,sl
liability for all damages because ot all bodily InJury or proplrty dlmlge anslng ITom anyone medlelllncldenllhlll
not exceed the limn ot liability IIBled In the Schedule below as appliCable 10 'each medlclllncldenr u respects
Coverage A,
Provisions wnh respect 10 Coverage A. as lIated in Section VI-Urnns ct Uability 01 tha pOliCY. will apply to all
Inluredl not scheduled below (unless otnerwlBe amended by endorsement to the policy), except that where IimnB
ot liability are shown immediately below, such limns shall replace the limns 01 liability stated In the Declarations as
applicable to 'each medlelllncldent' and In the 'aggregale' as respects all Buch Inluredl:
umns 01 Uablllty:
i ,000,000
}.OOO,GOO
each medlolllneld,nt
aggregate
SCHEDULE
Umltl of Ulblllty:
(appliceble 10 scheduled Inluredl only)
Name
i . :Jon. 000 each mldlclllncldent
1,0110.000 aggregate
CII..llloltlon Elleollve Dltl
Premium
,\11 sQna!'a~(!ly licellsed lIu,'silllJ I'orne facilities 111 ,lil :tates oxcect e'll1nsylvani<1.
HPG3-<lOM-OI REV. 01192
,CCIITINUEO ON REYfR!lJ
---'
.._~~ , -,-- - - ,. --- --,--_.------ ---., -. -.,. -
~~,~~o~ester
o _ C L \,
T I "
C.I,1 ,'i\CIAL ... ~:,~Ll..\
P JLl C Y
P JUC V ,\J.\\~c~
CJA-I00349-:)
,H:: I:;SL::J S~:>'. C:,..=R ~d, 19"4 ,ii:,~i: .AL ...', ?~'LA':E~;E,~' ,,' ~~4-:dJ,';'
lT~:J. 'P.,,~.:~ !\~J,:: (. ',CC"ESS
1 '\.1' J~ :,,~:, 1.:.
~ :' L' .: ~ L u '~ !. "I .. N H /~X Lu1 V@
~ 1 LV". , P ~ I ,.I J ,,' '~u J 1 . J... OO"J
____________________________________________________________________~~~~e~--
PrJLlCY PEF.IJD: POLlCV caVERS fROM JUNt 1, 1994 TO J~I~IS 11 19',;'
121Ul ~.~. ~TA\OA~D TI,..E AT THE NA'1tD I"SlJ~;::)'5 hDD"E$S STH'::; ..~..:. ~
-------------------------------------------------------------------------------
; C~,:~A~= I; PR0VIOE0 JV
"EPRES: ,TATlVE:
,'E'iTCHbTC1 "I:':" Il5J~A,.C.i:
... ,-'.
I..,~ LCl'~')J:j A;::,;C,V, I,:.
51.: :J~ICCJ;..St ,'UI'I,.Y
SUI T: nOD
ATI.A~T" ~cJK~i~ lJ3~.-~3~D
J4o~,aJ 0.71
-------------------------------------------------------------------------------
4 LI~IT JF iNSURANCE - AS IN I::SURING AGa2EME~T V A~O VI (ThE LIuIT~ j
l,jjJ=.A':Ci: ~"E THE A:iOUNTS SHO..,N 3ELJIi)
I 'I ~^Crl JCCURRE~CE LI~IT
121 GE~~RAL AGGREGATE LIMIT IOTH~R T~A~ P~::JCTS/
~~~PLETED JPERATIONSI
(:1 ?O'~)JCTS/CO:J.'~PLETED DPERATlJI~S I<GGREG..T" LhlT '010,(,J,I"..)..
1:1 C:M~INED AuG~EGATE LI~IT/',
(~) SELF I~SURED RET2NIIO~ ,l~,Q0 .
rraf l-t";: t .~ ~ I" t", .... lI'f'D .
----------------------------------------------------------------------~--------
5 P:LlCV J~cvET, FOF.~~ AND E~LJJ,SEMf;'~TS ATTAC,1E:J T Trlb P ;L1~Y ;.,f
1,.CEPTI:', I ,J~,:=OER ~;,) E.ITI,H JIlLI
J:'C".CI .c. ,;....I',~I.J.IIJ8 (11-~:1
~~.J:.~,jL2 ~~ .; ,DE:LYP!':; I"L,'J':,td'C:: .3.1 (~~-:C:;)
:!',-~' ;,~c,,~-: T. A~t: ~s )=SC~:12::J ~j,1 fN": .jCdE:'::;"'E ':,: '~NJ:-,S~'~:.: i
.1:,::(J:',~'U, .
:; 1. -;,00:., :JlJ .
'.
, ~
:1
j
------------------------------------------------------------------------------.
~ ...~ ',,11." I.. r~\Yl3L::
.:;,':).J. l'j AJVA iCE :.JJJST_;Lc ~T i. : .ii: JF i\
'E~ fLAT C,,~f.Ul;
~'~,)hL :,\P~:;U"E [S ':ST:'AT~': 1.11 '/A
. '):. lJ' ., -.;" J . 0 I.l ~ 'I ,J ~ L "-1 ,'! I f( J 'I P .~. t: \,1 I oJ I
t "d L"L. \L
./ A
-: ... "l t. L ,j ~
L 1 '! .3
:/ A
...J"" 'TF1,~L: jf'..'
Y ___________________________________
G,~~
,..\Jr,UF U::L' '.:PRt:5'_ .T...i 1\"
r .: /" I ~ ~ -; . .', t l' ~' ; .: . :'f 7 I] '1 ~,
I, "I, t '-,- ~ " I
ffistchester
IPICIALTY GIOUI
T"115 .:NilORSc"'c'lT EFFcCTlVE JUNE 1, 1'194
F0~MS PA~T JF POLICY NUMSER CUA-I0034~-~
ISSUED TO ~A~OR CARE, INC.
3Y WESTCrlESTE~ FIRE I~SURA~C~ C1.
SCHEDULE A - SCH~DllLi: uF 'J1~Oc~;L.YHI:' I'lSJ,\Ji.C~
---------------------------------------------------------------------------
TYPE OF peLICY
APPLICABL~ LI~ITS
i I.:iU,,:f\
P:JLlL.\u.
P~L.ICY ?~ IOJ
---------------------------------------------------------------------------
lAI "AUTlJ,"::';ILE"
L1t.BIL. T (
"5C,OILY I'IJU~Y" G "PROP"RTt JA,~.uc"
COIFIN~O :'l,'~:'L" LF IT .
~----- ,0.----- EACH "-CC~~,,~!Ci::" . ,rV" (. ... ',-
.', (...(.' ';1 .' I It. .'~
~t-"',;~"I J; .'
j
-----------------------------
UNINSUREll/UNuERI,;SJREC) "IOTJRIST
t-----~/A----- EACH "OCCURRE~CE"
------------------------
I.,
J
1.0 I CJ'~j~ERC I AL
GcNE~AL
LIAcILITY,
ORUGGIST
LIABILITY,
:lEAUTIClANS
LIA!HLITY A~IO
'., Pll 5 TEiU :.L
Ll/.lH LI iY
::-J"fH'l'::~.:. ~tVE
::: '".i"'.~:"
l.1.'.aIL:: y
Sl,OOO,OOO.OJ EACH "JCCllR~ENCE"
LINIT
S3,OOO,OOO.OJ GE~ERAL AvG~EGATE
LI~IT
1.0 P,"R ?RCJECT/
LOCA TI O;<J
11,000,000.00 PkCQUCTS/CO~PLETE~
~P~RATIJ\~ &~GRE~~T~
L LIT
1----- ./,,----- OjUCY AG,j?EG..E LI ,11
~3,OuO,UUO.OJ '~K5J.AL. u "D/ERTI'I~j
i'Jj"Y Ll-:,
r) ~ R L 2 C ~ r :.J .
.-----~/~----- Fl E JA4&G~ Li"Il -
..', ( 'J E F [".
~..II: _
II.J"L"" /
'I\" J"Jb'f
IJb/'JI/94-,:i
-----------------------------------
"':'OILY I.n,\''' G "PRCP:;..TY ,)^..,~Gb"
C'JI,IS1',cu ,'['';L: Ll,lf
~_____ .;~\----- ; .Cd Ii .CCJ~,:,: j:~lI
~-----\/H----- \u~(E~"rE ~H~ I
..P,'L1C"B~ ,
Cc""'~
IPdap
I c.M~1
C, C, l. (PI..- V,lt./I..l:.
---------------------------------------------------------------------------
,J fHIE 1 ~F t:
I I" -' 91
.. -,_._,.,---,~--~~_.._.~
T~IS ~NDORSEMiNT EFFFCTIVE JUH~ I, 1994
FORMS PART OF POLICY ~u~eER CUA-IOJ349-0
ISSUED TO MA,~OR CARE, INC.
~Y ~ESTCHESTE~ FIR~ IjSU~A~CE co.
I C I STANOA'r, ,;JRK~RS
CQMPhSIITID:, "
=:~PLDY': R:
LI~!:I~ITY
COVEKA~': ~ - EMPLOIE~S LI~5ILITY
":,CDIL\ I'lJUay" :Y ACCiDENT
._____ ,'A----- :.ACH ",jCCJR'~E'iCt"
"~~DIL' INJU~Y" ~Y OISE~SE
$-----./A----- ~ACH ~~PLOYE~
"a~DILY I~JURYu BY OISE~5e
S-----~/A----- P0LICY LIMIT
I ~stchester
IIICIALtY 'GlOO,
-----
------------------------------------
I J) Pi\OFESSIOI,AL
LIABILITY
t1,000,000.00 ~ACrl "'CC~RaE~CE"
LHIIT
~~,O~O,OOO.~D AG3~EGATE LI~iT
IXI PER LOC^TIJ~
PhICC
:;,iCLJ1b4 "
06/:1/~4-/j
---------------------------------------------------------------------------
IE) EXCESS
PRIJFESSIOlAL
LIAABILlTY
"I
) ---
~4,OOO,OOO.OOt EACH "'JCCUR~E:lCt"
LItHT
H,')OO,OJO.OJ /AliGF.EGATE Ll,~IT
IXI PER LOCATIUN
IEXCESS CF iTEA 101 AeaVEI
liS. TI ':';\AL .Id...;
rIGL3193D'. /
ub/:'1/94- 5
----
-----------------------------
".
, j '':
PAUl: 2 JF 2
Itl-li91
'! LiAaILj'rYnp~LI~Y""
1
~ UNITED NATIONAL INSURANCE COMPANY
BALA CVNWVO, PENNSVLVANIA
It,m
I
:: DIAMOND STATE INSURANCE COMPANY
WILMINGTON, DELAWARe
o HALLMARK INSURANCE COMPANY. INC.
MADISON, WISCONSIN
NIt ~
~5M/YI 10111111
united
national
group
,~l~;;uuneo IslsllldllJIIlClIa:!-"
_,..,~......... ..,.. ,r OOl under
/, Policy P,nod: IhllllnlOll call,d "Ihll polity pt.od"l II 01 Ub".hO.RO tlMI .. .-"""._.....~ I .11.-...,. ---'-' .
At 'HI AD RUIOf tHllft, .. ........-...... .......,...IIL1iol1OD11'.
6 4 '0: 6 I 95 lURID II "AlI0 HIRllh,
J Seh'dull 01 unoe1lYlnlln'UfJnct In,UII', POll(~ 'l,JmDft, '"m f,pe QI In'urlnce I
! '
~;r:STCIlESTER 6/1/94 TO 95 po
~: ~V" !t,,,3'1Q-c
OEtllRAllONS
, '.
POlIt' NUMBER
XTP- 4 3 S ? 0
MANOR CARE. INC.
(S EE D'DORS EMEN! /II)
10750 COLUMBIA PIKE
SILVER SPRI~GS, flD. :0901
..____.^._ ______'__ ._.v..__~,__n____'_'" - -." - .-. --.-,---,------.---~--<
limit, ollt.bthty' Tht Ilm,1 ollh, Cemp.or-S It'blllt, ,hili te n ,lileo herein, ,ublect 10 ,II tht tums 01 IhlS poliCY hll'lnl"t".nce lhll.to,
-----. .__...~--~,-------"-_.,..~-'-~--'_._--'~-
,COlUMN I
IN ocm OF
COlUMN II
COlUMN III
toul Llmrt'
Co,mu
Com,..., llmrt' U.d'rt~n. Llmrtl
,,--_.~'~~'-- ---------------_.,---'~...~~-~'~._----_.,.,--
I E~h~ I
J Elth O"'Ulllnt:' _____,__" '- _ _ m"_'
$ Elth Pmo. 1
I 1'1 Elth O"'UII'"" 1
, $ AlI"I.I. J
" rs- Eleh 0",,,,,.,, ' 1
"I Elth O"'UII'." 1
!! AlI".'I. 1
$ 25.000,000 E"h OtcUII,"" 110,000,000
I ::5..00U.000----- ~~"'_~I!._ ,'. .I_IU.OOO.IlIlO
-- -~_.._-,--,-" ,~_..'~-~~'.'~
I A
1
"u._ __,,___,_,~___ ." ~_~,,_ ~~--
1
I
___L-_,____
1
1
1
\ I
1
Bodltr InIUI~
AutomolJlI.
-'.~-'-'----~'-
8, aodllylnl"Y
heepl Aulomobll.
35,000,000
J5,OOO,IlOO--,
f
C, P'O,IfIy O,m,., Automob,t,
0, PIO,.IIY Olm,.,
E1ml Automobll,
L Comb,",d SIO.I. llm,l aOd,l,
If!l~_~y_~~n_d. ~OPtl~~Olmll!..-__...
'lIhlf
'::(CESS C;'IBRE1.L\ I.I.\BILl';'Y
Pt,mlum IUI'
h.- _.__,.,..~___
",Elumllld EI,O'''',_
Ultl
--" ,- ~---,~.
Ell,mll'd P"m'um
I
Prtmlum Cllm~ulJIIOn
:1.,\ T L1L\I\GI:
FLAT
,. ,~,,-_.~_.._-~-- .--..- ..~, ~,._,_., ...- _._,-,-~----~--_..,-,'-- ...-~,-".-- .'.
lll!PJ\ll P1tfl'lIum
I--
I
I
In .II"h.... d,l' ul poll"
Minimum Premium"
\19,5/,9
-iJlj ;-)49
Annu'l
_ P/iltty 1,lm
AUOII P'tllld ~:j ,\
.,. ."- "'~, - -'._---_._--,,~.',~'-' ,'~.-._"._--"'~~'-'.., "'';'':::'-~,.''_.'-''--''~.
L::lJIIHSL'IF.::TS 1114,115.11 h ,Ill, lid. 119. POLl C\' J.\CI:r.r L't:,ll'r~~<~./ .~.,..~ /--:;-
"I'!I"1('I' I'f" "UIT /. ,',' '/ ,.',./.....:..~~->--
.1.." .. ,.~ . , "I'"" ~:..~""""'" .,...-.J",,- 1t:--t;7~. .
,\IISIJLCTF. :'O!,1.UTIOll (HOSTILE FIRE) ::,\HEIJ WTIT\' nllliJ~f.fl1';l '. ,,;/- --';i"lhO'lled'i,:;IiI'--- .__u.
"P,,,,,, "", '" U:CLI'l1F. IIF.t.:I'ORT. i:!:iHJI,Sr.!IEllT "I ::AHUJ 1!:SUREtJl
;Jxn: ~L\lLLDl hi lO/t}"
INSURANCE COMPANY OF NORTH AMERICA, PHILADELPHIA, PENNSYLVANIA
DECLARATIONS
lIem 1,
Name of
Inaured .
Alllched to and herebv made a part ot
Certificate of Excan Insurance No.
XL]( Gl 72 30 30 A
r- MANOR CARB, INC.
10750 COLUMBIA PIKa
SILVBR SPRINGS, KD 20901
Item 2,
Addren. L
Item 3, Cerllticele Term .From: 06/01/94
To: 06/01/95
12:01 A,M" B1andard time al the addren ollhe inaured as stated In lIem 2 aboye.
Ilem 4. Primary Inaurence .
Umits of Insurence
Policy Numbers
Policy Periods
06/01/9. TO 06/01/95
Primerv Corrie"
WISTCHBSTIR rIRB
INSURANCB COMPANY
$ 10,000,000. BACH
occtlllRBNCB " AGGRIGATB
BltCBSS or PRIMARY
COA 100349-0
.~
UNITBD NATIONAL $ 25,000,000. BXCISS OF TBD
INSORANCB COMPANY $ 10,000,000.
I Itom 6, DelCrlption of Primary Insurenco. BXCISS LIABILITY
'I $ 35,000,000. BACH OCCORRBNCB AND AGGREGATE WHIRl APPLlCABLI.
PRIMARY POLICIIS.
06/01/94 TO 06/01/95,
,
IN IXCISS or VARIODS
i Ilem 6, DOScrlOIIO'l 01 Excess lI1suronco .
I $ 15,000,000. each occurrence and aggregate where applicable, part of $ 25,000.000.
i each occurren~e and eggregate where applicable. in exce.. of $ 35.000,000. each
, occurrence and aggregate where applicable, in exae.. of varioue primary poliaiee,
1 provided, however,that wlnt RESPECT TO sCaPI OF COVERAGB. thie certificate ehall
I
I follaw the coverage a Horded by WBSTCIIESTER fIRE I1ISt1RAllCE COMPANY . POLICY fl1lMBBR
CUA 100349.01 and doe" not folloW any broader ccverage provided by any other primary
inauranco.
Itern 7, Prf!lllllJll1 '
o 43.050, FLAT CllAROB
:tom 9, ,1ltncl'''fj twtr.tn ami rfli1!Jn i1 flMI IUHDOI:
l. LC-ll 0 3 -I CIlRTlfICAT2 OF E:<CIlOS IlISURJIlICB
" , nBB nCIIEOULE OF EllOORSEMEtrrO ;,TTACIIEO,
--.-,- -, -~- .._-~..~_._- -". .'-'~'--'-
,.
'Wes tches tel
\llcum GIOU'
D E C L A ~ A T ION
EXCESS INSU~A~CS
PuLlCY
POLlCY I~U.~6Ej\
XLA-26013.!l-0
JAT =
iTeM
1
ISSUED SEPTE~SER 26, 199~
HAMED INSURED & A~D~~SS
~A\lOR CARE, I'IC.
IAS PER 'JNDERLYIN" I'lSU"A,.CEI
1015Q COLU~81~ PI~E
SILVEK SPRI.lG~
"\I:' ~ 0)'; 1
NH-~
lo,J'f{.a~ )( 3S',4f'"
-------------------------------------------------------------------------------
2 POLICY PERIOO: POLICY COVERS FROM JUN~ h 19'14 TJ JU\l: 1, 1'1'15
lilJl A.M. STA\lDA~O TIME AT THE NAMED INSUREJ'S 'ODRESS STATEJ AaJ~E.
-------------------------------------------------------------------------------
3 COVERAGE IS PROVIDED ~Y
REPRESc'iTA TlVE:
'~ESTCHESTE; FIRE 1"SUf.',A,~CE ~:.
T'lE LO;~DO\l A.;:;.CY, 1'1:.
SIX CONCOURSE pARK~AY
SUITE ~10:J
ATLANTA, GEO~GIA 3032~-:3;o
J4D'IlDO 0911
,
-------------------------------------------------------------------------------
4 PREMIU~ 15 PAYABLE
S26,100.00 IN ADVANCE AJJUSTABL~ Ar A ~ATE OF NIA
PER FLAT CHARGE
ANNUAL EXP~SURE IS ESTI~ATEO ATI NIA
S26,100.00 ANNUAL MINIMUM PREMIJM
TAXI LOCAL
II A
SU~PLU~
Ll'IE,
:/ A
-------------------------------------------------------------------------------
U..DERLYlI,j(j PI5UHi,Ci:1
~l~,OOO,OQJ E,CH (CC~~gE\CE AND I" THa AGG~iGAr~ I~rlt,
AI'lJLlCA6LEI 'JrB~ELL>\ LI.l6IL1TY .\s PROVIDE;) ~Y ~ESTCHe,H?, el',
I ,:J\A"CE C.O:l;>,\'~Y' P,~Ll:y Nj\13E:. d,\-LOJ34J-'t eXCESS::F ,JE,-
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u LIMIT OF LI~OILIT~1
\10,000,00) ::^CH,CCUln,~':C: ;",0 I. fHi: AG,jl,E~AT: ("/Me'
APPLlCA:3L~1 PAIH JF t2~,OJa,OClO ,:\Cd "CGU,\.~'ICE \,~J I. TH"
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SCHEDULE DF ENDORSEMENTS
PULICY NUMBER: XLA-260136-0
EFFECTIVE: 06/01/94
INSURED: MANOR tARE, I~t.
I AS PH UNOERLYI:~G I,~SURANtEI
TITLE
'Jl./SCHEOULE A - S':HEJULE :"F UNDERLYING INSURANt.:
IEXCESS UHcRELL~1
J2.~ABSOLUTE ASBESTJS EX:LUSION
03. ~QLLUTION LIABILlTY EXCLUSION
J4. v'AMc'lll~'E'JT TO PJLLUTIO'j SXCLU~ID'I - ~J~TILE Flil~
05. EXCSSS INSURANCE POLICY AMENDATOilV 5~OJRSEM5~T
06. STATE OF ~ARVLAND AMENDATORY ENDORSEMENT
EXCESS INSURANCE POLICY
, . 024 106/d7l
"
~~"f~~stet
ENOuRS~-
M~,lr R:VIS1JN
10 u.\.l=
;b~ 1:/,'1
217 J3/'3
Jl5 1 L I.: 3
3:Jl J1/.4
a56 J7 /" ,
632 O~'/33
I ~~~~.eSt.el
TnIS ENDORSEHENT EFFECTIVE JUNE 1, 1994
FORMS PART OF POLICY NUMBER XLA-l~0136-0
ISSUED TO HANOR CARE, INC.
(AS PER U~IJE~LYING INSURANCEl
!Y ~ESTCHESTER FIR~ I1SURA~CE CJ.
SCHED~L c A - SCr,::JJlE OF J IOE~L Y I,'l:; I:liUtl., ',C~
------------------------
---------------------------------------------
(AI 525,000,000 EACH OCCURRE~CEl l25,000,000 GENERAL AGG~EGAT~l
$25,000,000 PROOUCTS/CJMPLETED JPERATIJNS A~GR~GAT~ AS PR~VI~EJ
oY; U'UTED ~IATlONAL I,'lSURMICE CO~PANY
/
I:l EXCESS JF
151 $10,000,000 EACH OCCURRENCE I $10,000,000 GENERAL AGG~EGATil
510,000,000 PRODUCTS/COMPLETED OPERATIONS AGGREGATE AS P~JVIOEC
BY; WESTCHESTER FIRE INSURANCE COMPANY
(., ' IN EXCESS OF
ICI 5 N/A
i \I/A
:!Vl
EACH OCCURRE~CEI ~ N/A GENERAL AGGR~GATEI
PR~DUCTS/CQ~PLETED lPERATIONS AGGREGATE A5 PROVIDED
1'1 EXCES;; ::iF
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EACti ~CC:.;Rl'.E .': E I ~ .11 >. ~ENt.!:\AL AGiit\EG.. n I
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.-1.-11CH IS C'(CdS JF Tnc P,lt>'iA,IY ')"OERLYINti p..U.\MICIJ J~ 'H:LF-l,~:" .
;,.HF.IHIO:I.
::i:::u?SE:~F..~T '10. l
:0:'
I to-HI
CONFIRMATION OF INSURANCE
TO: Alan C, Marsh
Vicc President RIsk Management
DATE: JULY 11.199~
NO,: ~9S
'..
WE CONFIRM TIlAT ACTING UPON YOUR INSTRUCTIONS AND FOR YOUR ACCOUNT WE HAVE
PROCURED INSURANCE SUBJECT TO ALL OF TIlE TERMS AND CONDITIONS HEREINAFTER STATED
FROM TIlE INSURER(S) LISTED BELOW, AS FOLLOWS:
ORIGINAL INSURED: Manor Care, Inc,
ADDRESS:
10710 Columbia Pikc
Sillcr Spring, ~ID 2(1)01
POLICY NUMBER:
COVERAGE:
Liability
RMGLJI9HIJ9
E~cess Nursing Homc, Dmuuists, BCJulicians and Minl5lerial Professional
~ltH':-
LIMIT OR AMOUNT:
54,000,000 pcr occurrcnccl5~,SOO,000 per location aggregatc cxcess of
51,000,000 per occurrenccl5J.000,01l0 per location aggrcgate wrinen with
Phlco Insurnnce Co,
RETENTION LIMIT:
PREMIUM:
54,000,000 per occUffCnce/S~.SOO,OOO per location aggTcgate
Included In the Gross ProgTOm Prcmlum as described In the Confinnotion of
Insurnnce ~478 on Ole with Manor Core. Inc,
iNSURERfS):
POLICY PERIOD:
TERMS/CONDITIONS:
:-IatioMI Union Firc Insunmcc Co ofPill5burgh, PA
June I. 1')I)j TO June I. I 99~
Foilow.Formlcrms and condlllons of Phico policy ,.;j:B9'.... Cl.; '~"1:';"
D1NDING PERIOD:
June I. 1991 nl\lIl polkles rceclI eu
Doth days at 12:0 II\.IU, Standard Timc at place cf ISSlmnce
INSURANCE UNDER TIllS CONFIRMATION OF INSURANCE TO CEASE AT '1'111' LAST ADOVE NAMED D/\TE
AT TIlE PLACE OF LOCATION OF RISK INSURED, UR AI' SUCII TI~IE PRIOR TIIERETO AS TIlE COVER
NOTEISI, CERTIFICATE(S) AND/OR POLlC\'(IESl ~IA Y [JE ISSUED ON TilE ADOVE RISK. OR UNLESS
PREVIOUSLY CANCELLED IN WRITING
TillS INSURANCE IS SUDJECT TO ALL I)F TIlL: TEr.~IS AND CONDITIONS OF TIlE COVER NOTE AND/OR
POLICY WIIICII MAY BE ISSUED
TilE I:NDERSIGNED ARE NOT TilE 1~ISI;I\FRS, IIUWE\'E1t IN:;t:lt\~;n, II,\S BEEN EFFECTED BY BECHER
AND C\IILSON INSURANCE SERVICES I~;C
iiY
'\ulh011..~d ~'~Ii,lI"le
:__'"' ~,J"'"I,\'d'''
r,I."" '1\" ""1 .~~~.;-;7';-"--~I-;;--'~-';-~
A CAPITAL STOCK COM'ANY
NATIONAL UNION
FIRE INSURANCE' COMPANY
OF PITTSBURGH, PA.
l\
POLICY NO, R.'lGL 1198139
The Company agrees ','/It~ the Insured named below, 'n considerat,cr of tM pre-
mium paid and lublect to ;, :~e terms aNI conolt'ons jot fortn below that the tn'.'jnce afforoed
by this pOlicy shall follow ai, :-e terms ar,o c:ndltions of Policy Number.-llCL19,6li
issued by pllIeO Insurance Company including all renewals anc 'l'Mltes Inereot.
NAMED INSURED: lienor Care. lnc,
ADDRESS: 10750 Columbia Pike
Silver Spring Md. 20901
POLICY PERIOD: 12:01 A.M. June 1,1994 to 12:01 June I. 1995
COVERAGE: Excess Professional Liability
LIMIT OF LIABILITY: $4.000,000 per occurrencs
$4,500.000 policy aggregate - Excess of the attached undQrlYln~
PREMIUM: $1,000
RATE: FLAT
~
IN WIPlESS \':HEREJF :he Company hal caUled this policy to ~e Signed DV III
Pres,dent and Secrotarv at ,'.ew 1 ot~;, 'lOW York and counterllgnod by a duly QUlrcrtZsd reorssen-
tativs of tho Comllanv,
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. ,.:.....__..;.L ~.:..~:~~=-~:+ _..:. ...:, ..~,~~__~:~, :__.. . . .~_::-~;.~:, '::'~~ ': :... < '~.::=-_~~.~_... ~.:'...: ..;';~~.-rt~~::;....;.:.'.~ .~"_ ''::': ~ L~-= ~~~..i:~~_-i:~..::
VERIFICATION
Helen Moloney. NHA, who is Administrator of ManorCare Services, Inc. and acknowledpa
that she has the aUlhority to execute this Verification in behalf ofManorCare Services. Inc. certifies
that'the Ibregoing Answers to Interrogatories is based upon information which has been gathered
by my counsel in the preparation of the lawsuit. The language of this Answer is that of counsel and
not my own, I hove read the document and to the extent that the Answer is based upon information
which I have given to my counsel, it is tme and correct to the best of my knowledge, information
and belief. To the extent that the content ofthe Answer is that of counsel. I hove relied upon counsel
in making this Verification,
This statement and Verillcation ore made subject to the penalties of J 8 I'a, C.S, Section 4904
relating to unsworn Iillsification to 1I111hnritie5. which provides thllt if J mllke knowingly Iillse
lIven\1ents, I may be sllbjectto criminal penllhies,
ManorCare Services. Inc,
~~~~
Belen Moloney. NBA
, .'
CERTIFICATE OF SERVICE
I. Lori A. Sullivan, an authorized agent for Martson. DeardorlT. Williams & Olio. hereby
certify that a copy of the foregoing Answers to Interrogatories was served this date by depositing
same in the Post Office at Carlisle. PA. first class mail, postage prepaid. addressed as follows:
RolfE, Kroll. Esquire
REYNOLDS & ItA VAS
101 Pine Street
p, 0, Dox 932
lIarrisburg, PA 171OH.1l932
MARTSON, DEARDORFF. WILLIAMS & OliO
Dy~ll ~
Lor A. Sullivan
Ten East High Street
Carlisle, P A 17013
(7\7) 243.334\
Outed: September H. 1997
r:l'....n..ul"\
.. '.II-U1JAlAJIUltUlfU OOl'ln.ANllw..
l'noIoI"~I"'Ol.II"tol
"'1_ UMiIIt' OJ l' tl,...
O. KIP BOLLINGBR, Administrator of the :
Estate of Frank Hair, Deceased
PlaintilT
IN THB COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION. LAW
NO. 96.4942 CIVIL TERM
MANOR ilEAL TII CARE
CORPORATION AND LEADER
NURSING AND REIIABlLlT A TION
CENTER,
Defendant
JURY TRIAL DEMANDED
IlEFENDANT'S ANSWERS TO PLAINTIFF'S
REQUEST FOR PRODUCTION OF ()OCUMENTS
TO: G. KIP 130LLlNGER, Administrator of Ihe Estate of Frank Hair, Deceased, Plainliff. and
his attorney, ROLF E. KROLL, ESQUIRE
I. The only photographs in Defendant's possession were provided by PlaintllTintheir
letter of February 6, 1996to Defendant.
2. No decision has been made as to who will be called as a witness at trial by
Defendants.
3. TIle statements made by Gina Barvinchack, Tammy Clark, Polly Ann Ivory and Deb
PoornlOn, R.N. and a statemenl by IIn unldentltied individual are IIttached to Defendant's Answers
to Plaintiffs Interrogatories.
4. No experts hllve yet been rctllined by Delcndnnts.
5. No experts hllvc yet becn retained by Dclcndants.
6. No cxperts have yCI been relllincd by Defcndants.
7. Trial cxhibits hllvc not yct becn detcnllincd.
K. Nonc othcr IlllIn as prcviously ldenlllled.
EXHIlH'r
"0"
.
,~
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10. No answer is required at this time.
M~~ak.fp. W 1.1IAMS & 01T0
l3yJ .J ~~~ ~ ~
Thomas J. illlams, Esquire
W. Darren Powell, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243.3341
Attorneys lilr Defendunt
Date: September 8, 1997
.
,~.., :,'- f.'. ~..,'~
CERTIFICATE OF SERVICE
I. Lori A. Sullivan, an authorized agent for Martson. DeardorlT, Williams & Olio, hereby
certify that a copy ofthe foregoing Defcndant's Answers to Plainlill's Request for Production of
Documents was served this date by depositing same in the Post Office at Carlisle, PA, first class
mail, postage prepaid, addressed as follows:
Rolf E. Kroll, Esquire
REYNOLDS & IIA V AS
101 Pine Street
P. O. Box 932
lIarrisburg, PA 17\08-0932
MARTSON, DEARDORFF, WILLIAMS & OTTO
.:i:, 1. (] .
l3y . . Ill, cSZtitt,tlitN
Lori A. Sullivan
Ten'East High Street
Carlisle, PA 17013
(717) 243-3341
l)ated: September 8, 1997
.
CBRTIFICATE OF SERVICB
I hereby certify that a true and correct copy of the
foregoing was served upon counsel of record on september 11,
1997, by United States First Class Mail, postage prepaid,
addressed as followSI
Thomas J. Williams, Esquire
Martson, Deardorff, Williams & Otto
10 East High Street
Carlisle, PA 17013
(Attorney for DEFENDANTS)
l_
~
REYNOLDS & HAVAS
A Professional corporation
(2943)
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ROLF E, KROLL, ESQUIRE
Pa. Supreme Court 1.0. No. 47243
REYNOLDS & HAVAS
A Professional Corporation
101 Pine Street
P.O. Box 932
ltarr1aburo, Pennsylvania 17108.0932
Telephone:
FAX:
Attorney for Plaintiff:
G. KIP BOLLINGER, Administrator
of the Estate of FRANK HAIR, Deoeased
17171 236-3200
717 236.6863
G, KIP BOLLINGER, Administrator' IN THE COURT OF COMMON PLEAS OF
of the Estate of FRANK HAIR, CUMBERLAND COUNTY, PENNSYLVANIA
Deceased,
Plaintiff
v.
(I' 'T""
No, 1)(. 1/1',.;,}. -A(HJ' I.J./ho
MANOR HEALTHCARE CORPORATION
and LEADER NURSING and
REHABILITATION CENTER,
Defendants
JURY TRIAL DEMANDED
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 filing in writing with the Court 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 sntered against you by the Court without further
notice for any money olaimed in the Complaint or for any other
olaim or relief rsquested by the Plaintiff, You may lose money
or property or other rights important to you.
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
IlAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPIlONE TilE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
NOTICIA
Le han demandado a usted en la corte, si usted quiere
defenderse de estas demandae expuestas en las paginas siguientes,
usted tiens viento (20) dies de plazo al partir de le feoha de la
demanda y la notifioaoion, Usted debe presentar una aperienoia
escrita 0 en persona 0 por abogado y archivar en la corte en
forma escrita sus defensas 0 sUs objeotiones alas demandas en
(717) 240-6200
contra de au persona. Sea advisado que si usted no ss defiende,
1a corte tomara medidas y puede entrar una orden contra usted sin
previa adviso 0 notificacion y por cualquier queja 0 alivio que
es pedido en la petioion de demanda. Usted puede perder dinero 0
es propiedades 0 otros derechos importantes para uated.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO
TI~~~ IA~OG~~ 0 SI NO TIENE EL DINERO DUFICIENTE DE PAGAR TAL
8ERVIC_Q~ ~YA EN PERSONA 0 LLAME PaR TELEFONO A LA OFrCINA CUYA
DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DON DE SE
PUEDE CONSEGUIR ASISTENCIA LEGAL.
cumberland county court Administrator
4th Floor, Cumberland county courthouse
Carlisle, Pennsylvania 17013
2
ROLF E. KROLL, ESQUIRE
Pa. SupreMe Court 1.0. No. 47243
REYNOLDS & HAVAS
A Professional Corporation
101 Pine Street
P.O. Box 932
Harrisburg. Pennsylvania 17108.0932
Telephone:
FAX:
17171 236.3200
717 236.6863
Attorney for Plaintiff:
G. KIP BOLLINGER, Adainistrator
of the Estate of FRANK HAIR. Deoeased
G. KIP BOLLINGER, Administratorl
of the Estate of FRANK HAIR, I
Deceased, I
Plaintiff I
I
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
No,
'I t. ' 'I'i 'I;). (;(;.; T;'",~-
MANOR HEALTH CARE CORPORATION
and LEADER NURSING and
REHABILITATION CENTER,
Defendants
I
I
I
I
I
I JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes Plaintiff, G. Kip Bollinger, Administrator of
the Estate of Frank Hair, deceased, by and through his counsel,
Reynolds' Havas, a Professional corporation, and avers the
following I
1, Plaintiff, G. Kip Bollinger ("plaintiff"), is the
psrsonal representative of the Estate of Frank Hair, deceased, in
whose Estate Letters of Administration were duly granted by the
Register of Wills of Cumberland county, Pennsylvania.
2, Defendant, Manor Healthcare corporation ("Manor
Ileal thcare"), is a Delaware corporation organized pursuant to the
lawe of the state of Delaware, with a registered offics in
PsnnsYlvania c/o United statee corporation company, 319 Market
street, Ilarrisburg, pennsylvania 17101.
3, At all times relevant to this Complaint, Manor
Healthcare maintained the Leader Nursing and Rehabilitation
Center ("Leader"), 940 Walnut Bottom Road, Carlisle, Cumberland
county, Pennsylvania 17013,
4. On or about September 23, 1994, Frank Hair ("Mr. Hair")
was admitted to the Carlisle Hospital with a principal diagnosis
of hyperoalcemia resulting from hepatocellular caroinoma of the
sclerosing type.
5. During his admission at Carlisle Hospital, Mr. Hair's
skin aseessment was found to be within normal limits, with the
skin turgor adequate and the skin moist and warm.
6. The Carlisle Hospital records reflect, however, that
Mr, Hair had pilonidal surgery in 1938, for which he had a small
residual abnormality in that area,
7. On September 27, 1994, Mr, Hair was discharged to his
home in an ambulatory status,
8. Over the next month, Mr, Hair became more dependent in
light of his medical condition and his family had difficulty
caring for him,
9, When Mr. Hair's dependency reached the point where the
family could no longer provide the care he needed, his family
consulted the Administrators at Leader,
10. After the family was ussured that Leader would ensure
Mr. Hair's dignity if he was indeed admitted, the Hair family
agreed to his admission,
11, On October 21, 1994, at approximately 2100 p.m.,
Mr. Hair WaS admitted to Leader,
2
. 1 .....~.
12. At the time of the admission, Mr, Hair was placed in
Leader's skilled nursing section with the goal to keep him as
comfortable as possible.
13, Initial orders written upon Mr. Hair's admission to
Leader indicated that Mr, Hair required skilled nursing services.
14. Shortly after admission, a pressure ulcer risk
assessment was performed by sherry RUpp, LPN. The pressure ulcer
risk assessment tool provides for an evaluation of seven (7)
specific areas, including general physical condition, mental
status, activity, mobility, incontinence, nutritional status and
existing skin breakdown.
15. Ms. RUpp's assessment of Mr. Hair's status at the time
of his admission showed absolutely no existing skin breakdown.
16. The total scores of all areas assessed on the pressure
ulcer risk assessment tool was a score of eight (8), which
indicated Mr, Hair was considered to be at risk for developing
pressure ulcers and, therefore, qualified Mr. Hair for a mattress
overlay or a speciality bed.
17. No mattress overlay or speciality bed was ordered at
the time of admission,
18. At approximately 8145 p.m, on october 21, 1994, the day
of Mr. Hair's admission to Leader, a conferenoe was held between
Mr. Hair's family and Leader employees.
19. During this conference, Mr. lIair's wife, Chloe Hair
("Mrs, Hair"), alerted Leader employees of the presence of her
husband's pilonidal cyst, which at the time of admission appeared
3
as it had for the last 30 years . , . small, clean and without
drainage,
20, The Leader employees assured Mrs. Hair that the cyst
would be cared for and that all the staff would be alerted of its
existence.
21, Over the next several days, Mr. Hair became more
confused and more unresponsive.
22. During this time frame the Hair family found Mr. Hair
unattended covered with urine.
23. Nurses notes on October 23, 1994, reflect Mr. Hair's
skin was dry and intact,
24. On October 24, 1994, nurses notes reflect that there
was absolutely "no skin breakdown" and that the skin was dry and
intact.
25. On october 25, 1994, the nurses notes again refleot
that Mr. Hair's skin was dry and intact.
26. On October 26, 1994, after repeatedly finding Mr. Hair
unattended, the Hair family hired a private duty nurse to care
for Mr. Hair.
27, It was the private duty nurse who first discovered the
huge, gaping open area on Mr, Hairls buttocks. The private duty
nurse immediately reported her discovery to the Leader staff
member, Jean Peterson, R.N.
28. only after the Hair's private duty nurse discovered the
gaping open area did Leader employees note the area of neorosis
on Mr, Hair's coccyx area that was ultimately desoribed as a
4
stage IV skin ulceration which was 7 cm. x 9 cm, in length and
,5 em. in depth,
29, A stage IV skin ulceration involves a full thickness of
skin loss with extensive destruction, tissue necrosis or damage
to muscle, bone and supporting structures.
30. Despite the extensive loss of skin and tissue necrosis
present, no Leader employee noted the area of skin breakdown
prior to the discovery of said uloeration by the Hair's private
duty nurse,
31, Based on the severity of the pressure ulcer, orders
were instituted immediately for Mr. Hair to be turned every two
hours and an alternative air pressure mattress to be applied to
hie bed.
32. Nursss were instructed to irrigate the pressure ulcer
dressing in the sacrum three times a day and as needed to apply
Vsseline to the opened areas of the pressure ulcer.
33, Needless to say, these dressing changes were very
painful to Mr. Hair,
34, Despite the tNatment provided, Mr. Hair progressively
dsteriorated and ultimately expired on November 3, 1994,
G. KIP BOLLINGER, AS ADMINISTRATOR OF 'l'HE ESTATE
OF FRANK HAIR v. MANOR IIEALTHCARE, INC.
and LEADER NURSING AND REIlA8ILI'l'ATION CENTER
35. The foregoing paragraphs of this complaint are
incorporated herein by reference as though set forth fully at
lsngth,
5
a. Failing to implement precautionary
measures to prevent the development of
skin breakdown I
b. Failure to maintain Mr. Hair in a clean/
dry environment so to prevent the
development of skin breakdown I
o. Failure to turn and position Mr, Hair
periodically from side to side so as to
provide relief from pressure leading to
skin breakdown I
36. Defendants, Manor Healthcare and Leader are liable to
plaintiff for the injuries and damages alleged herein, which were
directly and proKimately caused by its negligence, gross
negligence, and/or reckless indifference with respect the care
and treatment provided to Mr. Ilair bYI
d. Failure to observe Mr, Hair's skin
condition on a routine basis, as per the
nursing standard of carel
e. Failure to provide Mr. Hair with daily
bathing and skin care, so to prevent the
development of skin breakdown I
37. As a direct and proKimate result of the negligence and
recklessness of Manor HealthCare, Leader and their agents,
apparent agents, servants and/or employees as set forth above,
Mr. Hair suffered serious and painful injuries, inoluding the
development of a stage IV skin ulceration.
38. As a direct and proKimate result of the aforesaid
injuries, Mr. Hair was forced to endure unwarranted pain,
sUffering and discomfort for the last days of his life,
6
tA)~
, Daw
Respeotfully submitted,
REYNOLDS & HAVAS
. pr ~on., corpor.tloo
" (;)~
R f oll, Esquire
Attorn I.D, No. 47243
101 pine street
P.O, Box 932
Harrisburg, PA 17108-0932
(717) 236-3200
Attorneys for plaintiff,
G, Rip Bollinger, Administrator of
the Estate of Frank flair, DeoellBed
39. As a direot and proximate result of the aforesaid
injuries, Mr. Hair was subjeoted to great humiliation during the
last days of his life, and olaim is made therefor,
40. The aforesaid negligence occurred as a result of
Defendants negligence, gross negligence and reckless indifference
and disregard to the rights of Mr. Hair, and a olaim for punitive
damages is made therefor,
WHEREFORE, Plaintiff, G. Rip Bollinger, Administrator of the
Estate of Frank Hair, deceased, demands judgment against
Defendants, Manor HealthCare corporation and Leader Nursing and
Rehabilitation Center, in the amount in excess of Fifty Thousand
($50,000.00), exolusive of interest and costs, and in excess of
any jurisdiotional amount requiring oompulsory arbitration,
7
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!
VERIFICATION
I, G, Kip BOllinger, depose and eay, subjeot to the
penalties of 18 Pa.C.S,A" I 4904, relating to unsworn
falsification to authorities, that the faots set forth in the
foregoing pleading are true and correct to the best of my
knowledge, information and belief,
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G. KIP BOLLlNGElt, Adminlstrntur ul'the :
Estute ul' Frunk Iluir, Deceused
Plaintill'
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 96-4942 CIVIL TERM
MANOR HEALTH CARE
CORPORATION AND LEADER
NURSING AND REHABILITATION
CENTER,
Delcndant
JURY TRIAL DEMANDED
I>EI1ENI>ANT'S ANSWElt WITH NEW MATTER TO IlLAINTIFJI'S
MOTION TO COMPEL mSCOVEIt\'
AND NOW, cumes Delcndantubuve named, by and through lis allurneys, MARTSON,
DEARDORFF, WILLIAMS & orm, and avers as lilllows In answer 10 Plaintill"s Motlontu
Compel Discuvery:
I. Denied as stated, Delcndunt would not c1assily this action as n "medical professional
liabllllyactlon." Ralher, II pertains to the standard of nursing care pruvlded to a tennlnaliy 11\ patient
in extremis, The balance ofthe avennent is admilled,
2. Admllted 111llt Plaintill's Complaint contains the eontentlons set forth In Paragraph
2ofPlalntlll"s Motion; however, these specllic factual allegutions of negligence were not provided
inthll Cum plaint, nor in any subsequent diseovery,
3. Admllled.
4, Admined, Ily way of lurther unswer, counsellilr Pluintill'wus grnclous and eourteous
enough to grnntun extension of tnne bused upon representlltions of eounsel lilr Dlltcndnntlhut
eertaln portions of the Inlimnation requested had not yet been reecived Ihun Delcndant due to
chunges In Illunugement personnel.
SoH, Admitted,
9, Denied, Del'ellllllnt hilS Iilirly unswered Pluintill"s diseuvery. Moreover, the
intimnution provided is essenlluliy IIl1ul' lhe inlimnution avulluble, As Plulnllfl"s eounsel hus
previously been advised, 1111 of Ihe Inlill"lllutlon known by Delcndunlllllhls time cuneerning this
ineidenl,ls cunlulned in the llledlclIl reconls IInd in Ihe sllllements ul'wllnesses, IIIi ul'whleh huve
"
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been previuusly provided tu Plaintill's eounsel. Further, I'lalntill's cuunsel has been made awarc
that thc delcnse in this ease is essentially t1ll1t I>elcndunl's employees lit lhe llmc in question
provided tenllinal eare to I'laintill's Decedent in accurdunce with their training and experience. As
delcnse counsel has repeatedly suggested, if Plaintlll' wunts grcuter specifics lhan are currently
availllhle to the Delcndant, he should dcpuse the employees in question, yet nut a single depusitiun
hus been taken by Plainlitl: With one exeeplion, all of the employees ofl>elcndant who provided
heulth care to Plaintlll's I>ecedenture no longer empluyed by Delcndant, and so arc equlllly
uvuiluhle lu I'laintifl: Tu answer Plllintlll's Interrogatories inlhe detait IIppurently expeeted hy
I'luintin: wuuld require the Delcndantto loeate und deposc these empluyees, sllll1elhing whieh, on
udvice ofeuunscl, I>elcndant does not believe It has an obligatiunto do, Finally, ills signifieanlthllt
Plainlill' hus nut provided an expert repurtthut specifies thc manner In whleh the standard of care
was nul met by Defendant's employees until August 28, 1997. In that regard, it is noteworthy thaI
Plaintill'had an expert report (dated Junc II, 1997) In hand whcn on August 5, 1997, he movcd to
compel Delcndantto answer interrogatories which askl:d how Its cmployees complied with the
standard of care. Obviously, Defendant would need to know speellically how Pluintill' fclt It
devluted Iromlhc stundard uf care befhre answering these interrogatories, particularly wherc, us here,
the Complaint eontuins nu sueh specil1cs.
10, Admitted. 'Ille I'laintitl'uccuratcly states a portion ofthe Pennsylvaniu Rules of Civil
Proeedurc, It is denied that Delcndant's responses to Plalnllll's discovcry are illadcqunte or
Insulliclenl. As stuted more l\l1ly ubuve, Delcndanl's respunses to I'luintill's discuvery contain all
uf thc infhrmlltiun uvnllllble to Detcndanl at this time,
II. Denied. As Illore l\llly stuted uhove, It is denied that Defcndunt tidied to respund
surnclently tu I'luintitl's diseovery, Tu the cxtent lhat the I'laintill's discovery requests fnctual
Inlhrmution, Defcndunt uvers thut It has no lilclualinlimllation III this time beyond what has
prevluusly heen provided tu Plulntltl: Tu thc extent Plulntlll's dlscuvery requesls trial prepuratiun
inlhnlll1lion, such us witnesses or exhibits, I>elcndunl eun only reiterate that u I1nal decisiun on this
hilS not yet heen Illude; Illoreuver, lhls Infimllution Is eusllllnllrily provided In the prc-trllll
memOrllllltulll in lIecurdunee with Ihc CUlllberllllll1 County Rufes of I'roeedure. With regurd to expert
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witnesses, as I'lulntlfl'hlls just recently disclosed an expcrt witness, Delcndant will now be ahle to
have this reviewed by an expert and respond tol'luintltl's expert witness interrogalories.
WHEREFORE, Defcndant requests Your Honorable Court to deny I'luintill's Motion.
NEW !\fA l"fER
12. On or about Augusl 25, 1997, I'lulntill'timely served answers to Delcndanl's
interrogulllries and documenl requests. A eOIlY of these, inllertinenl purt, ure ulluched hereto und
marked Exhibit "A."
13, These answers eontllined an expert report daled June II, 1997 Irolll Richard J.
Simons, M.D.
14, This was the Ilrsttime Plainllfrhas diselosed an expert in his euse,
I S. This Is the f1rst time Plaintill'has provided speeif1cs of how he believes Delcndllnt's
employees deviated Iromthe stundard of cure.
16. A review of Plaintill's answers will disclose that he Is doing exuctly whal his instant
motion accuses Delcndantof doing, l.e, providing "lneomplete answers," by referring to other
records, Defcndant continues to believe that il is uppropriate to answer interrogatories in this
manner, as, indeed, I'laintlll'has done.
WIIEREFORE, Delcndant requests Your Honorable Court 10 deny I'lalntitl.s Motion,
MARTSON. DEARDORFF, WILLIAMS & ono
l3y .,~) /ivJl~
Tholllus J. Wllllallls, Esquire
Ten East High Street
Carlisle, PA 17013.3093
(717) 243-3341
AlIomeys tilr Delcndunt
Date: Oelober 6, 1997
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Cvhlhlt A
ROLl' E, KROlL, ESQUIRE
PI, I""""" Court 10, No, 47243
REYNOLDS & HAVAS
A ProIttIlonol C<<poo IIlon
P,O,IIoIre32
Hantoburg,~ 17tDS-0832
T.""..,., (7t1123S.3200
FAX: (717)2_
MI1mty... PlolntHt.
Q, KIP IIOWNClER. AdmlnItnIol
"'... E'" '" FIIANK HAIR. o-.Md
"
;.
MANOR HEALTH CARE CORPORATION
and LEADER NURSING and
REHABILITATION CENTER,
Defendants
G. KIP BOLLINGER, Administratorl
of the Estate of FRANK HAIR, I
Deceassd, I
Plaintiff I
I
I
I
I
I
I
I
I
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 96-4942 CIVIL
JURY TRIAL DEMANDED
ANSWERS OF PLAINTIFF
TO DEFENDANTS' INTERROGATORIES
tgM~7
Da e
REYNOLDS & HAVAS
A PrOfessional corporation
Attorneys for Plaintiff
G. Kip BOllinger, AdminIstrator of
the Estate of Frank Hair, Deoeased
. '
,
...
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Interrogatory No. I
Pleuo IdentitY each person you expect to call u an expert witness at trial and state tho
subject matter on which each person Is expected to testifY.
ANSWER:
.
A .
1. Riohard simon, M.D. will testify in accordance with the
expert report attached to Plaintiff's Responsss to
Defendants' Request for production of Documents. This
Interroqatory may be further seasonably supplemented prior
to trial.
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A
Interrogatory No.2
As to each person identified in your answer to the preceding interrogatory, please state the
substance of the facts and opinions to which they are expected to testifY and a summary of the
grounds for each oplnlon.-
.
Signature oflixpert
. A report, personally signed by your expert, may be furnished in lieu of your answer to this
Interrogatory. (fyou elect to furnish reports In lieu oran answer, then please indicate In the space
above the date of each such report and the persons by whom they were prepared,
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2.
See Answer to Interrogatory 1 above.
report on June 11, 1997.
Dr. Simon prepared his
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Interrogatory No.3
If, In answer to Interrogatory No, 2, you have attached a copy of a report, docs Ihc expert
have any additional relevant opinions or knowledge of any addlllonal relevant tictUal matters not
contained In said report and which may be submitted at the trial ofthls action?
If so, kindly explain.
ANSWER:
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3. None known at this time. This Interroqatory will be
seasonably supplemsnted prior to trial.
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4. Dr. simon's report is based on recognized medical and
nursing standards of care. Further speoifics as requested
in this Interrogatory/ if applioable, will be seasonably
supplemented prior to trial.
.-... ~ ... ...
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Intcrrogatory No.5
With rcspcct to each person Idcntlfied In your answcr to Interrogatory No, I, kindly state
furthcr:
(a) His agc, rcsldence, and buslncss addrcss;
(b) Idcntify his present employcr or, If sclf.employcd. give thc name of his business, and his
occupation;
(c) His complcte educational background following high school Including the datcs of
attendance, degrecs attalncd, and a list oT aU writings which he prepared or partlcipatcd in any way
whatsoever;
(d) Specific Identification of all educational activities within the past ten years which were
concerned with the subJcct for which he will be asked to testify at trial;
(e) Identify his employers for the past ten ycars and furnish a description of aU duties for each
cmploycr. If sclf-cmployed during the past tcn years. furnish a description of aU occupations and
duties perfonncd during that period In said sclf.employment;
(f) List all appearances In court for the past ten ycars Including the subject ofhlstestlrnony and
the party for whom he testified.
ANSWER:
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5. Objeotion. 5(f) is objeoted to to the extent it requests
information beyond the scope of discovery permitted by
Pennsylvania Rule of civil procedure 4003.5, As to the
remainder of the information requested in this
Interrogatory, see Dr. simonIs currioulum vitae which is
attached to Plaintiff's Responses to Defendants' Requests
for Production of Documents.
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Interrogatory No.6
If either you or any witness at the trial of this action Intend to use any book, magazine. or
other writing as an exhibit or as a reference by judicial notice or oral testimony . please describe each
such writing In detail as to author, publisher, copyright date, and IdentifY any known present
custodian of said writing.
ANSWER:
.
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6. It is antioipated that recommendations for long term care
facilities as well as the patient's Bill of Rights will be
introduced at trial. As Defendants are well aware of these
standards, they are not speoifically identified hereto. As
to other exhibits that may be utilized, this Interrogatory
will be seasonably supplemented prior to trial.
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Intcrrogatory No. 7
IdcntlfY by author, title and pagc number all text, journals or othcr writings which cach
person Idcntificd In your answcr to Interrogatory No. I rccognlzcs as authoritativc on the standard
of care referred to in your Complaint and will bc relicd upon by such pcrson in rendering an opinion
at thc trial of this aetion and to which reference will be made as an exhibit, by judicial notice or oral
testimony.
ANSWER:
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7. This Interrogatory will be seasonablY supplemented prior to
trial.
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Interrogatory No. 8
State whether you or anyone acting on your behalf are in possession of any statements by
Defendant or any employee or representative of Defendant regarding the incident or the
circumstances surrounding the same.
If so, kindly state further:
(a) The date when such statements were made;
(b) Whether the statement was oral or written;
(c) Whether the statement is signed or unsigned; and
(d) Identify the persons making the same and the persons receiving the same.
ANSWER:
.
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B. There are no such statements as defined by the pennsylvania
Rules of civil Procedure.
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Interrogatory No.9
Please state the names and addresses of all persons you plan to call as witnesses at the trial
ofthls case.
ANSWER:
.
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9. a. Rip Bollinger
Chloe Illlir
Mary Ann Dollinger
Dianne Kronenberg
Ed Kronenberg
lIealth care providers as identified in the medioal records
genlrated by Manor HealthCare corporation and Leader Nursing
and Rlhabilitation Center pertaining to Frank Hair
Dow Drophy, H,D.
Thi. Interrogatory will be further eeasonably supplemented prior
to trial,
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Interrogatory No. 10
Had Decedcnt cvcr suffcred any injury or illness other than that for which Dcfcndant
attended Decedcnt?
If so, for each injury or illness, statc:
(a) A dcscription ofit;
(b) Thc inclusivc datcs Decedent suffered from it;
(c) Thc name and address of each health care provider who attended Decedent for it;
(d) Whether Decedent was hospitalIZed, and, If so, the namc and address of each hospital and
the Inclusive datcs of each period ofhosplta\ization; and
(c) Whether Decedcnt suffered any pcrmancnt disability or residual cffcct as a result of It, and,
if so, the nature and extent of each disability or residual effect.
ANSWER:
10. Bee medical records attached to Requests for produotion of
Documents.
.
Interrogatory No. 11
For each occasion that the Defendant has attended, examined, cared for, or treated the
Decedent, or rendered Decedent any other medical or health care service, state:
(a) The date and place;
(b) The type ofservlcc rendered; and
(c) The reason for the service.
ANSWER:
11. See medioal reoords attached to Requests tor production of
Doouments.
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Interrogatory No. 12
In this action. do you claim that Defendant by Its agents and/or employees violated any
standards of care regarding care and treatment of patients by hospital agents. nursea and/or
employees?
If so, please state with specificity what standllfds of care you claim were violated, where such
standards of care arc found and who originated or devised such standards of care.
ANSWER:
.
12.
Yes. See Dr. Simon's report. By way of further answer,
this Interrogatory will be seasonably sUpplemented prior to
trial.
.
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Interrogatory No, 13
In this action. do you claim that Defendant by its agents and/or employees violated any rules,
regulations or statutes regarding care and treatment of patients by agents, nuncs and/or employees?
If so, please state with specUlcity what rules, regulations or staluCI you claim were violated,
where such rules, regulations and statutes arc found and who originated or devised such regulations.
ANSWER:
13. Yes. See Answer to Interrogatory 6 and 12.
Interrogatory No. 14
In this action, do you claim that Defendant by Its agents and/or employees violated any
st~dards of the Industry regarding care and treatment of patients by agents, nurses and/or
employees?
If so, pleaso state with specificity what standards of the industry you claim wero violated,
where such standards oftho Industry arc found and who originated or dovlsed such standards ofthc
industry.
ANSWER:
.
14. Yes. See Answer to Interrogatory 12.
"
Interrogatory No. 15
In Paragraph 4 ofthe Complaint, you state that Decedent wu admitted to Carlisle Hospital
wit~ a principal disgnosls of hypercalcemia resulting from hepatocellular carcinoma of the
sclerosing type. Please provide the following Information:
(a) how long had Decedent been suffering from hepatocellular carcinoma prior to his
admission to Carlisle Hospital; and
(b) what was Decedent's prognosis when he wu discharged from Carlisle Hospital.
ANSWER: .
15. Bee D1edioal records attached to Requests for produotion of
Documents.
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Interrogatory No. 16
State with panicularity the facts upon which you Intend to rely In utabllahins the Ilablllty
and damages ofthc Defendant In this action,
ANSWER:
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16. See Dr. simon's expert report. This Interrogatory may be
further seasonably supplemented prior to trial.
. ,
Interrogatory No, 17
In Paragraphs 26 and 27 of the Complaint, you state that a private duty nurse wu hlred to
care for Decedent. Plcuc provide the following:
(a) the name and address ofthc private duty nurse;
(b) the name and address of the company, if any, and the date that the private duty nurse
was hired from;
(c) how often the private duty nurse checked on Decedent; and
(c) the date that the private. duty nurse discovered the "huge, gaping open area" on
Decedent.
ANSWER:
, "
17. (A) Nioole saia
(B) Nurse Matoh
(C) Ms. Saia was with plaintiff's Dsoedent oonstantly
during her shift.
(D) Ootober 27, 1994
. t, .
. II .
Interrogatory No. 18
Please state the following:
(8) Decedent's full name, any aliases, prior names, nicknames;
(b) Decedent's social security number;
(0) Dcccdcnt's date of birth;
(d) the name(s) ofDecedent's wife and children;
(c) the location ofDecedent's residence; and
(e) any hobbles or paitime activities he enjoyed.
ANSWER:
. I, .
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18. (A) Frank L. Hair
(B) 192-14-7035
(C) Date of Birthl 01/07/14
(D) Chloe Hair, Dianne Kronenberg, Mary Ann Bollinger
(E) Carlisle, pennsylvania
(F) Gardening, collecting coins, stamps, antiques
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VERIFICATION
I, G. KIP BOLLINGER, depose and say, subjeot to the
penalties of 18 Pa.C.S.A., I 4904, relating to unsworn
falsification to authorities, that the facts set forth in the
foregoing pleading are true and correct to the best of my
knowledge, information and belief.
0./;:t""~~
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CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correot
copy of the foregoing documsnt on all counsel of record by
~'"
first-class postage prepaid, on
, 1997, addressed as followSI
Harrisburg,
th~ day of
plaoing the same in the United states Hail at
Thomas J. Williams, Esquire
10 East High street
Carlisle, Pennsylvania 17013
Attorney for Defendants
REYNOLDS , HAVAS
A Professional corporation
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ROlF e, KROlL, ElQUIIIE
Pt,...,- court I.D, No, 41243
REYNDlDI . HAV....
II ProIooolonll CalpoIIIIon
P,O, B...32
Hon1Ibur1I, .......ytvanil mDl-Om
M/IIf'IriIolPloInltll:
0, KIP BOLLJNQER, Mminlttrl\Ol
"'tho e_ '" FRANK HAIR, O......d
T"",,-:
FAA:
(1'1\2.,200
(111\2'"
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
G, KIP BOLLINGER, Administrator:
or the Estate or FRANK HAIR, :
~~as~, :
Plaintiff :
:
:
:
:
:
:
:
v.
No. 96-4942 CIVIL
MANOR HEALTH CARE CORPORATION
and LEADER NURSING and
REHABILITATION CENTER,
Derendants
JURY TRIAL DEMANDED
RESPONSES OF PLAINTIFF
TO DEFENDANTS' REOUEST FOR PRODUCTION OF no~mENTS
AND NOW, oomes Plaintifr, G. Kip Bollinger, Administrator of
the Estate of Frank nair, Deoeased, and responds to Plaintiff'S
Request for ProduotiDn of Doouments with the following:
1. See attaohed.
2. There are no suoh statements.
3. See attached.
4 . None known.
5. There ie nD suoh document.
REYNOLDS , HAVAS
A professional corporation
~
Attorneys for Plaintifr,
o. Kip Bollinger, Administrator or
the Estats of Frank Hair, Deoeased
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June 11, 1997
Ms. ~auralee B. Baker-Statr
Reynolds & Havas
101 Pine Street
Post Office Box 932
Harrisburg, PA 17108-0932
Dear Ms. Baker-Starrl
Per your request, I have reviewed the medical recotds of Frank
Hair which include the records from the Carlisle Hospital, the
records from ~eader Nursing Home and the records of Joseph Grsen,
III, M.D. I have also reviewed the photographs of Mr. Hair's
buttocks taken immediately after his death, I will first briefly
summarize his case and then present my opinion regarding the care
which he received at the ~eader Nursing Home.
Mr. Hair was an 80-year-old white, gentleman who was admitted to
the Carlisle Hospital on September 23, 1994 for fatigue, malaise
and hypercalcemia. Prior to his admission, the patient underwent
a liver biopsy because of elevated liver function tests which
revealed hepatocellular carcinoma. The patient was admitted and
given intravenous fluids to treat his hypercalcemia. He also
received diuretic therapy and intravenous didronel. His hyper-
calcemia responded appropriately to this therapy. The patient
had right-upper quadrant pain thought to be secondary to his
hepatocellular carcinoma and was treated with analgesics. He was
discharged on September 27, 1994. At the time of his discharge
from Carlisle Hospital the patient was very weak but there were
no problems with any skin breakdown. It should be noted that the
patient had a history of a pilonidal cyst which was surgically
treated in 1938. The surgery apparently left a residual small
abnormality in that area but there had never been episodes of
skin breakdown.
Over the course of the next several weeks, the patient became
increasingly weak and was admitted to the Leader Nursing Home in
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Page 2
June 11, 1997
Re: Mr. Frank Hair
Carlisle because the family was no longer able to take care of
this patient at home. On admission to the Leader Nursing Home,
the patient was confused and could only walk with assistance.
His nutritional status was reported as fair and, according to the
nursing assessment, the patient had no skin breakdown. The
patient occasionally had episodes of urinary incontinence. Over
the first several days of his admission to the nursing home, Mr.
Hair exhibited intermittent confusion and some falling. The
patient required maximal assistance with his activities of daily
living. The patient had a poor appetite. On October 25, 1994,
nursing notes describe the patient's skin as "dry and intact."
On October 26, 1994, the Hair family hired a private duty nurse
to care for Mr. Hair because of some concerns about the nursing
home care.
On October 27, 1994 at approximately 2:30 a.m., the private duty
nurse noted "necrosis on coccyx area with three open tunneling
areas. Areas were open to fascia." At the time of discovery,
this was a Stage III-IV pressure ulcer measuring 9 x 7 cm. The
patient subsequently received appropriate nursing care for this
decubitus which consisted of frequent turning and repositioning
and dressing changes with both normal saline as well as intrasite
gel. Unfortunately, the patient became increasingly weak with
progressive deterioration of his mental state and died at approx-
imately 7:30 p.m. on November 3, 1994. Since the patient had an
underlying terminal disease, no heroic measures were performed
per patient and family's request.
Based upon my review of the medical records. it is my opinion
that the care Mr. Hair received by the nursing staff at the
Leader Nursing Home in Carlisle was deplorable and reckless.
Although this patient was very weakened and somewhat immobile
from his underlying hepatocellular carcinoma, the patient had no
skin breakdown upon his admission to the Nursing Home. Over the
next 6 days, a large pressure ulcer developed in the sacral area
which was described as a Stage III or S~age IV, meaning that the
full thickness of the skin was lost ex~osing the sub-cutaneous
tissues and possibly muscle or bone. Basic nursing care, had it
been given, could have prevented the development of this pressure
ulcer. At the time of admission, the pressure ulcer risk
assessment tool utilized by the nursing staff at the Leader
Nursing Home showed the patient to be at increased risk for
developing pressure ulcers. This should have alerted the nursing
staff to carefully observe the skin and Lo prevent prolonged
pressure through turning and repositioning the patient. The
patient's poor nutritional status was also a major predisposing
factor to the development of this pressure ulcer. The major
factors involved in pressure ulcer formation include shearing
forces, friction, pressure and moisture. The most
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Page 3
June 11, 1997
ReI Mr. Frank Hair
important principle in treating pressure ulcers is prevention.
Again, this is accomplished by frequent turning and rspositioning
of the patient, maintaining a dry environment as much as
Possible, and careful inspection of the skin to detect any areas
of redness or superficial breakdown.
Unfortunately, by the time this patient's decubitus ulcer was
discovered, it had already progressed to a Stage III or Stage IV
lesion which is usually painful for the patient and can lead to
local infection complicated by osteomyelitis and eventual sepsis.
The fact that this lesion was so large and severe at the time of
its discovery leads me to believe that the nurses did not inspect
this patient's skin on a daily basis as is expected in such a
faCility. I also find it difficult to believe how the nursing
staff could adequately bathe a patient and not observe this large
gaping defect over Mr. Hair's sacral region. Furthermore, the
nursing staff failed to turn and reposition this patient on a
frequent basis which would have relieved the pressure on this
area. Although this patient was obviously terminal and Was in
overall poor functional and nutritional status, I believe that
had the nurSing staff provided good skin care for this patient,
the development of this pressure ulcer could have been averted.
The skin care Which this patient received by the nurSing staff at
the Leader Nursing Home in Carlisle, in my opinion, was
atrocious.
In summary, the nursing care rendered to Mr. Hair at the Leader
Nursing Home in Carlisle was grossly inadequate and reckless.
The basic nursing principles for good skin care were ignored
which lead to the development of a large gaping deCUbitus ulcer
adding further pain and SUffering for this patient.
Sincerely,
D. [' t:J/.,~
I (...u.JI~"? . --1'-"~'~"I:'-
Richard J. imons, M.D.
Assooiate Professor of Medicine
RJS/jez
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CERTIFICATE m' SERVICE
I, Trlda D. Eckenroad, an authorized agenllor Martsoll, DeardorO: Williams & 0110, hereby
certlly that a copy of the foregoing Defendant's Answer With New Maller to PlaintilT's Motion 10
Compel Discovery was served this date by depositing same in the Post Office at Carlisle, PA, first
elm mail, postage prepaid, addressed as fhllows:
RolfE, Kroll, Esquire
REYNOLDS & IIA VAS
10 I Pine Street
P. O. 130x 932
lIarrisburg, PA 17108.0932
MARTSON, DEARDORFF, WILLIAMS & OTTO
Trlcia D. Eckenroad
en East IIIgh Streel
Carllsle, PA 17013
(717) 243-3341
Dated: October 6, 1997
.
.
ROLF E. KROLL, ESOUIRE
Pa. SupreMe Court 1.0. No. 47243
REYNOLOS & HAVAS
A Profe88ional Corporation
101 Pine Street
P.O. Box 932
Harri8burg, Penn8ylvania 17t08.0932
Telephone: 17171 236.3200
FAX: 717 236.6863
G. KIP BOLLINGER, Administratorl
of the Estate of FRANK HAIR, I
Deceased, I
Plaintiff I
I
I
I
I
l
I
I
l
v.
MANOR HEALTH CARE CORPORATION
and LEADER NURSING and
REHABILITATION CENTER,
Defendants
Attorney for Plaintiff:
G. KIP BOLLINGER, Admini8trator
of the E8tate of FRANK HAIR, Oecea8ed
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No, 96-4942 CIVIL
JURY TRIAL DEMANDED
DATE OF NOTICEl ootober 8, 1996
TO: MANOR HEALTHCARE CORPORATION
0/0 united states corporation company
319 Market street
Harrisburg, Pennsylvania 17101
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING
WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINS~ YOU, UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS, YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT
ONCE, IF YOU DO NOT HAVE A I~WYER OR CANNOT AFFORD ONE, GO TO OR
.
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP I
Lawyer Referral service
Court Administrator
cumberland county Courthouse
Carlisle, PA 17013
(717) 240-6200
Respectfully SUbmitted,
REYNOLDS & HAVAS
A Professional Corporation
Ootober 8, 19116
RoN~ro
Attorney I,D, No. 47243
101 pine Street
P,O. Box 932
Harrisburg, PA 17108-0932
(717) 236-3200
Attorneys for Plaintiff
Q, Kip BOllinger, Administrator of
the Estate of Frank Hair, Deceased
a
CERTIFICATE OF SERVICE
I hereby oertify that I have served a true and oorreot
oopy of the foregoing dooument on all counsel of reoord by plaoing
the same in the United states Mail at Harrisburg, Pennsylvania,
first-olass postage prepaid, on the '7;'/)\. day of Ootober, 1996,
addressed as follows I
MANOR HEALTHCARE CORPORATION
0/0 United states Corporation company
319 Market street
Harrisburg, Pennsylvania 17101
LEADER NURSING AND REHABILITATION CENTER
940 Walnut Bottom Road
Carlisls, Pennsylvania 17013
Thomas J. Williams, Esquire
10 East High street
Carlisle, Pennsylvania 17013
Ms. Terri A, Garling
Senior Claim Representative
PHICO Insurance
Post Offioe Box 2027
Mechanicsburg, Pennsylvania l7055-0765
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ROLF E. KROLL, ESOUIRE
Pa. SupreMe Court 1.0. No. 47243
REYNOLDS & HAVAS
A Profeeeional Corporation
101 Pine Street
P.O. Box 932
Harrieburg, Penneylvenia 17108.0932
Telephone: 17171 236.3200
FAX: 717 236.6863
Attorney for Plaintiff:
G. KIP BOLLINGER, AdMinietrator
of the Eetate of FRANK HAIR, Deoeaeed
f
-
G. KIP BOLLINGER, Administratorl
of the Estate of FRANK HAIR, I
Deceased, I
plaintiff I
I
I
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 96-4942 CIVIL
MANOR HEALTH CARE CORPORATION
and LEADER NURSING and
REHABILITATION CENTER,
Defendants
I
I
I
I
I
I
I JURY TRIAL DEMANDED
DATE OF NOTICEI Ootober B, 1996
TO I LEADER NURSING AND REHABILITATION CENTER
940 Walnut Bottom Road
Carlisle, Pennsylvania 17013
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING
WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
;to'
,
..
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELPI
Lawyer Referral service
Court Administrator
cumberland county Courthouse
carlisle, PA 17013
(717) 240-6200
Respeotfully submitted,
REYNOLDS , JIAVAS
A Professional corporation
Ootober 8, 1996
Kroll, Esqu re
LO. No, 47243
101 pine street
P,O. Box 932
Harrisburg, PA 17108-0932
(717) 236-3200
Attorneys for Plaintiff,
G. Kip BOllinger, Administrator of
the Estats of Frank Hair, Deceassd
2
CERTIFICATE OF SERVICE
I hereby certifY that I have served a true and correct
copy of the foregoing document on all counsel of record by plaoing
the same in the united states Mail at Harrisburg, Pennsylvania,
V'lll
first-class postage prepaid, on the ....D-:-day of October, 1996,
addressed as followSI
MANOR HEALTH CARE CORPORATION
c/o united states corporation company
319 Market street
Harrisburg, Pennsylvania 17101
LEADER NURSING AND REHABILITATION CENTER
940 Walnut Bottom Road
carlisle, pennsylvania 17013
Thomas J, Williams, Esquire
10 East High street
carlisle, Pennsylvania 17013
Ms, Terri A. Garling
senior Claim Representative
PHICO Insurance
Poet Offioe BOK 2027
Meohanicsburg, pennsylvania 17055-0765
REYNOLDS , HAVAS
A professional corporation
\/) )C)'.
't [(\(1!. - J. '2~~
Rosa B. ulp, seoretqry
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REYNOLOa . HAVAS
A. Prof'I,lonll Co,pur.Uon
\0\ Plnl SUOIl
P.II 0111.1 B.. 832
HI"I.burg, Plnn.vlvlnll 17108,08U
(7171 238-3200
AllornlV for Pllln\lll
O. KIP BOlllNOER, ADMINISTRATOR
OF THE ESTATE OF FRANK HAIR. DECEASED
,
,
ROLF E, KROLL
Pol. AllotnlV I,D, No, 47243
G, KIP BOLLINGER, Administratorl
of the Estate of FRANK HAIR,
Deceased,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
plaintiff
vs.
NO. 96-4942 CIVIL
MANOR HEALTH CARE CORPORATION
d/b/a LEADER NURSING AND
REHABILITATION CENTER and
MANOR HEALTH CARE CORPORATION
d/b/a MANORCARE HEALTH
SERVICES, CARLISLE,
Defendants
JURY TRIAL DEMANDED
NOTICE TO DEFEND
YOU HAVB BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take ac~ion
within twenty (20) days after this Amended Complaint and Notice
are served by entering a written appearance personally or by
attorney, and filing in writing with the Court 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 he 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 TAlB THIS PAPBR TO YOUR LAWYBR AT ONCB. IF YOU
DO NOT HAVB A LAWYBR OR CANNOT AFFORD ONB, GO TO OR TBLBPHONB TRB
OFFICB SBT FORTH BILOW TO rIND OUT WHIRl YOU CAN GaT LIGAL HBLP,
cumberland County Court Administrator
Cumberland County courthouse, 4th Floor
Carlisle, Pennsylvania 171013
(717) 240.6200
NOTICIA
Le ban demandado a usted en 1a corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas siquientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en
forma escrita sus defensas 0 BUS objeciones alas demandas en
contra de su persona. Sea avisado que si usted no se defiende,
la corte tomara medidas y puede entrar una orden contra usted sin
previo aviso 0 notificacion y por cualquier queja 0 alivio que es
pedido en la peticion de demanda. USTED PUEDA PERDER DINERO 0
PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE, SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONA A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Court Administrator
Cumberland County Courthouse, 4th Floor
Carlisle, Pennsylvania 171013
(717) 240-6200
Datel A~/;~/ft
No. 47243
REYNOLDS & HAVAS
A professional corporation
101 Pine Street
Post Office Box 932
Harrisburg, Pennsylvania 17100-0932
(717) 236-3200
Attorney for Plaintiff
G. lIP BOLLINGER, ADMINISTRATOR
OF THE ESTATE OF FRANI HAIR,
DECEASED
RO~F e, KROL~
PA ""o,nIY 1,0. No, 47243
REYNO~DS & HAVAS
A P,o'e..'one' Corporollon
'0' Pinl6l1el'
POI' 011101 Box 832
Hlnl,bu,g, Plnnlylvlnll l7'OB,0832
(7171 2311.3200
Allo'ney to' Plelntill
0, KIP BOLLlNOER, ADMINISTRATOR
OF THE ESTATE OF FRANK HAIR. DECEASED
G. KIP BOLLINGER, Administratorl
of the Estate of FRANK HAIR,
Deceased,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
plaintiff
I
I
I
I
I
I
JURY TRIAL DEMANDED
vs.
NO. 96-4942 CIVIL
MANOR HEALTH CARE CORPORATION
d/b/a LEADER NURSING AND
REHABILITATION CEWfER and
MANOR HEALTH CARE CORPORATION
d/b/a MANORCARE HEALTH
SERVICES, CARLISLE,
Defendants
f'MENDED COMPLAINT
AND NOW, comes plaintiff G. Kip Bollinger, Administrator of
the Estate of FranK Hair, Deceased, by and through his counsel,
Reynolds & Havas, a professional corporation, and avers the
following I
1. plaintiff G. Kip Bollinger ("plaintiff"), is the
personal representative of the Estate of FranK Hair, deceased I in
whose Estate Letters of Administration were duly granted by the
Register of Wills of Cumberland County, pennsylvania.
2. Defendants Manor Health Care Corporation d/b/a Leader
Nursing and Rehabilitation Center and Manor Health Care
corporation d/b/a ManorCare Health Services, Carlisle ("Manor
Health Care"), is a Delaware corporation organized pursuant to
,
the laws of the State of Delaware, with a registered office in
Pennsylvania c/o United States Corporation company, 319 Market
Street, Harrisburg, Pennsylvania 17101.
3. At all times relevant to this Complaint. Manor Health
Care maintained the Leader Nursing and Rehabilitation Center
("Leader"), 940 Walnut Bottom Road, Carlisle. Cumberland County,
Pennsylvania 17013.
4. On or about September 23. 1994. Frank Hair was admitted
to the Carlisle Hospital with a principal diagnosis of
hypercalcemia resulting from hepatocellular carcinoma of the
sclerosing type.
5. During his admission at Carlisle Hospital, Mr. Hair's
skin assessment was found to be within normal limits, with the
skin turgor adequate and the skin moist and warm.
6, The Carlisle Hospital records reflect, however, that
Mr. Hair had pilonidal surgery in 193B, for which he had a small
residual abnormality in that area,
7. On September 27, 1994, Mr, Hair was discharged to his
home in an ambulatory status.
B. Over the next month, Mr, Hair became more dependent in
light of his medical condition and his family had difficulty
caring for him,
- 2 .
9. When Mr. Hair's dependency reached the point where the
family could no longer provide the care he needed, his family
consulted the Administrators at Leader.
10. After the family was assured that Leader would ensure
Mr. Hair's dignity if he was indeed admitted, the Hair family
agreed to his admission.
11. On October 21, 1994, at approximately 2:00 p.m.,
Mr. Hair was admitted to Leader,
12. At the time of the admission, Mr. Hair was placed in
Leader's skilled nursing section with the goal to keep him as
comfortable as possible.
13. Initial orders written upon Mr. Hair's admission to
Leader indicated that Mr, Hair required skilled nursing services.
14. Shortly after admission, a pressure ulcer risk
assessment was performed by Sherry Rupp, LPN. The pressure ulcer
risk assessment tool provides for an evaluation of seven (7)
specific areas, including general physical condition, mental
status, activity, mobility, incontinence, nutritional status and
existing skin breakdown.
15. Ms. Rupp's assessment of Mr. Hair's status at the time
of his admission showed absolutely no existing skin breakdown.
16. The total scores of all areas assessed on the pressure
ulcer risk assessment tool was a score of eight (8), which
indicated Mr, Hair was considered to be at risk for developing
- 3
pressure ulcers and, therefore, qualified Mr. Hair for a mattress
overlay or a specialty bed.
17. No mattress overlay or specialty bed was ordered at the
time of admission.
18. At approximately 8145 p.m. on October 21, 1994, the day
of Mr. Hair's admission to Leader, a conference was held between
Mr. Hair's family and Leader employees.
19. During this conference, Mr. Hair's wife, Chloe Hair
("Mrs. Hair"), alerted Leader employees of the presence of her
husband's pilonidal cyst, which at the time of admission appeared
as it had for the last 30 years . . . small, clean and without
drainage.
20. The Leader employees assured Mrs. Hair that the cyst
would be cared for and that all the staff would be alerted of its
existence,
21. Over the next several days, Mr. Hair became more
confused and more unresponsive.
22, During this time frame the Hair family found Mr, Hair
unattended covered with urine.
23. Nurses notes on October 23, 1994, reflect Mr. Hair's
skin was dry and intact,
24, On October 24, 1994, nurses notes reflect that there
was absolutely "no skin breakdown" and that the skin was dry and
intact.
. 4 -
25. On October 25, 1994. the nurses notes again reflect
that Mr. Hair's skin was dry and intact,
26. On October 26, 1994, after repeatedly finding Mr. Hair
unattended, the Hair family hired a private duty nurse to care
for Mr. Hair,
27. It was the private duty nurse who first discovered the
huge, gaping open area on Mr. Hair's buttocks. The private duty
nurse immediately reported her discovery to the Leader staff
member, Jean Peterson, R.N.
29. only after the Hair's private duty nurse discovered the
gaping open area did Leader employees note the area of necrosis
on Mr. Hair's coccyx area that was ultimately described as a
Stage IV skin ulceration which was 7 cm. x 9 cm. in length and
.5 cm, in depth.
29. A Stage IV skin ulceration involves a full thickness of
skin loss with extensive destruction, tissue necrosis or damage
to muscle, bone and supporting structures,
30, Despite the extensive loss of skin and tissue necrosis
present, no Leader employee noted the area of skin breakdown
prior to the discovery of said ulceration by the Jlair's private
duty nurse.
31. Based on the severity of the pressure ulcer, orders
were instituted immediately for Mr, Hair to be turned every two
. 5 .
f~;
~
I
, I
,
hours and an alternative air pressure mattress to be applied to
his bed,
32. Nurses were instructed to irrigate the pressure ulcer
dressing in the sacrum three times a day and as needed to apply
Vaseline to the opened areas of the pressure ulcer.
33. Needless to say, these dressing changes were very
painful to Mr. Hair.
34. Despite the treatment provided, Mr. Hair progressively
deteriorated and ultimately expired on November 3, 1994.
G. KIP BOLLINGER. ADMINISTRATOR or THE ESTATE
or rRANK HAIR. DECEASED
~
MANOR HEALTH CARE CORPORATION d/b/a LEADER
NURSING AND REHABILITATION CENTER and MANOR
HEALTH CARE CORPORATION d/b/a MANORCARE
HEALTH SERVICES. CARLISLE
35, The foregoing paragraphs of this Amended complaint are
incorporated herein by reference as though set forth fully at
length.
36. Defendants Manor Health Care and Leader are liable to
Plaintiff for the injuries and damages alleged herein, which were
directly and proximately caused by its negligence, gross
negligence, and/or reckless indifference with respect the care
and treatment provided to Mr. Hair bYl
.6.
a,
Failing to implement precautionary
measures to prevent the development of
skin breakdown,
b. Failure to maintain Mr. Hair in a clean,
dry environment so to prevent the
development of skin breakdown,
o. Failure to turn and position Mr. Hair
periodically from side to side so as to
provide relief from pressure leading to
skin breakdown,
d. Failure to observe Mr. Hair's skin
condition on a routine basis, as per the
nursing standard of care,
e. Failure to provide Mr. Hair with daily
bathing and skin care, so to prevent the
development of skin breakdown,
37. As a direct and proximate result of the negligenoe and
recklessness of Manor Health Care, Leader, and their agents,
apparent agents, servants and/or employees as set forth above,
Mr. Hair suffered serious and painful injuries, inoluding the
development of a Stage IV skin ulceration,
38. As a direct and proximate result of the aforesaid
injuries, Mr. Hair was forced to endure unwarranted pain,
sUffering and discomfort for the last days of his life.
39. As a direct and proximate result of the aforesaid
injuries, Mr. Hair was subjected to great humiliation during the
last days of his life, and claim is made therefor.
40, The aforesaid negligence occurred as a result of
Defendants negligence, gross negligence and recklesB indifference
.7-
Datel 10//7/f6
and disregard to the rights of Mr. Hair, and a claim for punitive
damages is made therefor.
WHEREFORE, Plaintiff G. Kip Bollinger, Administrator of the
Estate of Frank Hair, Deceased, demands judgment against
Defendants Manor Health Care Corporation d/b/a Leader Nursing and
Rehabilitation Center and Manor Health Care corporation d/b/a
ManorCare Health Services, Carlisle, in an amount in excess of
Fifty Thousand ($50,000.00), exclusive of interest and costs, and
in excess of any jurisdictional amount requiring compulsory
arbitration.
No. 47243
REYNOLD & HAVAS
A Professional Corporation
101 pine Street
Post Office Box 932
Harrisburg, Pennsylvania 1710e.0932
(717) 236-3200
Attorney for Plaintiff
G, KIP BOLLINGER, ADMINISTRATOR
OF THB BSTATB OF FRANK HAIR,
DBCEASBD
.9.
.
VERIFICATION
I, ROLF E, KROLL, ESQUIRE, state that I am the attorney for
plaintiff in this action, that I am authorized to make this
Verification on his behalf, and that the facts set forth in the
foregoing AMENDED COMPLAINT are true and correct upon my
knowledge, information and belief,
I understand that my statements are made subject to 18 Pa,
Cons, Stat, 6 4904, providing for criminal penalties for unsworn
falsification to authorities.
for Plaintiff
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Sherlfi's Cuetal
$<:;-1:5'0 HEYIWI.11S AIW IIAVAS
09/J0/ 1 rl'~(J
~:.'i"'(lrn and SUhS':llh~d til h(~for~ me
t tll" ? It, _ rillY of ,[P~c;J,.',--=""",,.
J'l 'Ik., A,I',
i,~, G '1r4J.'(,.- .ilJJ(;"
....,. lv.., r'" "'''I.' 7':1..'J
, 'rlJpJfil1,Hr i' ,
Office of the Sheriff
Mmy Jano 8nvdar
~1oell:!Jlflu O,'puly
Ralph G, McAllister
G~lol U""ul/
..... .~:.J"
.....1,
fP:,:'.
,.~~ :~~.'\;,~,' .
........"0"..'.(,
~~~,..~.. .. -~ ~~
W,llln''1 T, Tully
[ ,liOlto'
Michael W, Rlnohart
h!llllslbnl Chlo! Oeputy
[Jnuphl" Counly
HUll i~b\Jfg, 1'1 nnqlvunlo l' 101
(711) ,fb'2660
J, R. Lotwick
Sheriff
COMMONWEALTH OF PENNSYLVANIA
I~OUNT'i OF DAUPHIN
AND NOWs septombor 11, 1996
. :OMPLIIIN'r " NOTICE
~~NOR HEIILTHCARB CORP,
!,ISA DAVIDSON-PERSON IN CHARGE
the original COMPLAIN'l' & NOTICB
him/her the ~ontents thereof at
a.om m:I Iilicrllxrl to
l:efore lIE this 2AUI day of J~ )tClla.-1 lCJ.Xi.
, I J
, ,,- r '1 I .r! " .
Jllf liII!\J,tli\iMY ({ . (lfI.!1l,Q)
SHERIFP'S RETURN
No. 0003-T - - -96
nerved the within
upon
by personally handing to
1 true attested copy(ies) of
and making known to
c/o UNITED STATBS CORP. CO,
319 MARKET BT,
HARRISBURG, PA 17101,,0000
50 ^ns)er~ /
~I( ___
?:' :J, '.,/ -A:- -- \'4,lt'r'-
BY nl(>1"'~ ,. .
__ / -'-iifliOf sfu;l\lf'F .---
SharJ[r's CostSI
$2~,50 PU OO/O~/OO
RCP!' ~jO 0839~'1
rn Toe Court ci C=rnrncn Fls=s
, .. t t "I
..... I .,- '''-':)/'I-n...; I .'I.)~""I
'-', ....n.._..... _4 _...... '11,1
~ I '
ic:1r:sy V::iiIO '
.
o. Kip Bollinger et al
"t;
/w.
Manor Healthcare co~poration
96-4942 Civil Term .=
---T ..--
:--ref
:-raw,
Sept. 9,
1996
:9-
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So u:.swc:.
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cern
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REYNOLDS. HAVAS
A Pfofenlonal Corporation
101 Plno 6"00'
Pool Ollleo BOI 932
Ho"l.bu,U, Ponn.ylvonlo 17108,0932
17171 238,3200
AUornov lor Plolnlilf
O. KIP BOLLINGER. ADMINISTRATOR
OF THE ESTATE OF FRANK HAIR, DECEASED
.,
,.
ROLF E, KROLL
PA Allornov 1.0, No, 47243
G. KIP BOLLINGER, Administrator:
of the Estate of FRANK HAIR,
Deceased,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
plaintiff
vs.
NO. 96-4942 CIVIL
MANOR HEALTH CARE CORPORATION
d/b/a LEADER NURSING AND
REHABILITATION CENTER and
MANOR HEALTH CARE CORPORATION
d/b/a MANORCARE HEALTH
SERVICES, CARLISLE,
Defendants
JURY TRIAL DEMANDED
P RAE C I P E
TO THE PROTHONOTARY:
Please substitute the attached client Verification of
Plaintiff for the attorney Verification that was attached to the
AMENDED COMPLAINT filed with this Court on October 17, 1996,
Date:~~~
No. 47243
REYNOLDS & HAVAS
A Professional corporation
101 pine Street
Post Office Box 932
Harrisburg, Pennsylvania 17108-0932
(717) 236-3200
Attorney for Plaintiff
G. KIP BOLLINGER, ADMINISTRATOR
OP THE ESTATE OP PRANK HALR,
DECEASED
.~
'"
VBRIPICATION
,
I
'1
i
I, G. KIP BOLLINGER, Administrator of the Estate of Frank
Hair, Deceased, state that I am the Plaintiff in this action, and
that the facts set forth in the foregoing AMENDED COMPLAINT are
true upon my personal knowledge, information and belief.
I understand that my statements are made subject to 18 Pa,
Cons. Stat. S 4904, providing for criminal penalties for unsworn
falsification to authorities.
::Jcro6€/a /9 '9"'6
Datel I
G, /d0~~~
G. Kip Bollinger
Administrator of the Estate
of Frank Hair, Deceased
(2943)
.~
.'
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
foregoing was served upon counsel of record on October 22, 1996,
by United States First Class Mail, postage prepaid, addressed as
follows:
Thomas J. Williams, Esquire
Martson, Deardorff, Williams & Otto
10 East High Street
Carlisle, PA 17013
(Attorney for DEFENDANTS)
{ '1
.
~'~k,~a~
r anne Sottile
REYNOLDS & HAVAS
A Professional Corporation
-,' i'
(2943) ,
'I'
-
,
(~,
~ ell f:
C\J
B PI f~~
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t: \flUI'UATAFtLNlU('l tM.Jl,\"ANll..w.
'_I~I4'K"OIIl'tol
Il...... llfOtlM toot II AM
G, KIP BOLLINGER, Administrator ofthe
Estate of Frank lIair, Deceased
Plaintiff
v,
MANOR HEALTH CARE
CORPORATION AND LEADER
NURSING AND REIIABILlTATION
CENTER.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 96-4942 CIVIL TERM
JURY TRIAL DEMANDED
ANSWER TO PI.AINTIFF'S AMENDED COMPI.AINT
AND NOW, comes Defendant above-named by Its allorney, MARTSON, DEARDORFF,
WILLIAMS & OTTO, and denies generally the liability and damage allegations of Plaintiffs
Arnended Complaint in accordance with Pa, R,C,P, 1029 (e),
Date: November 6, 1996
MARTSON, DEARDORFF, WILLIAMS & OTTO
By:5~ ) ~~
Thomas J. Williams, Esquire
Ten East High Street
Carlisle, PA 17013.3093
(717) 243-334\
Attorneys for Deft'ndant
VERtF1CATlON
Thomas J, Williams. Esquire. of the linn of MARTSON. DEARDORFF,
WILLIAMS & OTTO, allorneys for Defendant in the within action, certifies that the statements
made in the foregoing Answer to I'laintifi's Amended Complaint are true and correct to the best of
his knowledge, infonllatlon and belieI'. He understands that false statements herein are made subject
to the penalties of \Sl'a, C,S, Section 4904 relating to unsworn falsification to authorities,
J~ )p.Jt~
Thomas J. Wtnlams, Esquire
AlIorneys for Defendant
i
!
fERTIFICATE OF SERVICE
I hereby certifY that a copy of the foregoing Answer was served this date by depositing same
in the Post Office at Carlisle. P A, "rst class mail. postage prepaid, addressed as follows:
RolfE, Kroll, Esquire
REYNOLDS & HAVAS
101 Pine Street
p, 0, Box 932
Harrisburg, P A 171 OS-0932
MARTSON, DEARDORFF, WILLIAMS & OTTO
By '1 ~ ) f)/Jt}...,.
Thomas J, Wi~i8ms, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243.3341
Dated: November 6, 1996
t 'JIl,l'_f1'llAl^I'IU:I'II"'IIIIlIl~"',I'MA 21,1_
I'tnlm IOI4~U"o'I2I'M
Itm...IIIH'lMDI,')'I'M
G. KIP BOLLINGER. Administrator of the IN TIlE COURT OF COMMON PLEAS OF
Estnte of Frank Ilnir. Decensed CUMBERLAND COUNTY. PENNSYLVANIA
PlninliO'
v. CIVIL ACTION. LAW
NO 96-4942 CIVIL TERM
MANOR HEAL I'll CARE
CORPORATION AND LEADER
NURSING AND RElIAUlLlTATION
CENTER.
JURY TRIAL DEMANDED
Defendant
PllAECII'E
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of MARTSON. DEARDORFF. WILLIAMS & OTTO In behalf of
Defendant In the nbove l11aller.
MARTSON. DEARDORFF, WILLIAMS & OTTO
By~J~~
Thomas J. WOOams. Esquire
Ten Easl High Street
Carlisle, P A 17013
(717) 243-3341
AlIorneys tbr Defendant
Dated: November IS, 1996
CERTIFICATE OF SERVICE
I hcreby certifY that a copy ofthc fincgoing Praecipc was scrvcd this date by depositing samc
in the Post Ofilce at Carlisle, I'A, tlrst class mall. postage prepaid. addrcssed as tollows:
RolfE. Kroll. ESlJuirc
REYNOLDS & IIA VAS
101 Pinc Strcct
P O. Box 932
Harrisburg. PA 17\08.0932
MMTSON. DEARDOI\FF. WILLIAMS & OTTO
0, :!/:::J!:!.~
Ten Easl High Strcct
Carlisle. PA 17013
(717) 243-334\
AlIorncys for Defendant
Dated: November IS, 1996
O. KIP BOLLINGER, Adlllinislratur of the
Estllte of Frank IIl1ir. Deecllscd
Plaintll1'
IN TilE COURT OF COMMON PLEAS OF
CUMBEllI.AND COUNTY, I'ENNSYL VANIA
I '1I1JIiIIAIAIII 1:'1'1111'11'.",,,' I'MA I tot.
I',,,lflt IUI..IHlOlO' I"'~'
M"'''rIIHI'''''iHIII''''M
v.
('IVIL ACTION -LAW
NO 1)6-4942 CIVIL TERM
MANOR IIEALTH CAlm
COJ\I'ORA TlON AND LEADEll
NURSING AND IlElIABILlTATlON
CENTER,
Dcfcndllnl
JlJllY TRIAL DEMANDED
1'llAECII'E
TO TIlE 1'\lOTllONOT AI\\' 011 Clll\lImlU.ANI) COlINTYI
Please substitute lhe IIllBehed Vclil1clllionlilr the Veril1elltlonl1led with Defcndant's Answcr
to Plaintlll's Amended Complaint.
MARTSON. DEARDORFF. WILLIAMS & OTTO
o,;J,~~J,,~~
Tcn Ellstlllgh Slrccl
Carllsle.1'A 17013.)09)
(717) 243.3341
Al\orlleys thr Defendant
Date: November 15,1996
.
YERIFICATION
Wes Bartlett, N.H.A. who Is Administrator of Leader Nursing Care and Rehabllltatlon Center
and Manor Care, Inc and acknowledges that he has the authority to execute this Verification in
behalf of Leader Nursing Care WId Rehabilitation Center and Manor Care, Inc., and certifies that the
foregoing Answer Is based upon Information which has been gathered by my counsel In the
preparation of the lawsuit. The language of this Answer is that of counsel and not my own. I have
read the document and to the extent that the Answer is based upon Information which I have given
to my counsel, It Is true and correct to the best of my knowledge, Information and belief. To the
extent that the content of the Answer Is that of counsel, I have relied upon counsel In making this
Verillcatlon.
ThIs statement WId Verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsWOrll falsification to authorities, which provides that if 1 make knowingly false
averments, I may be subject to criminal penalties.
Leader Nursing Care and
Rehabllltatlon Center and Manor Care, Inc.
~#
Wes Bartlett, N.H.A.
RECEIVED
NOV 1 1 1996
MOWO
CERTIFICATE OF SERVICE
I hereby certifY that a copy ofthc foregoinll Praecipe was scrvcd this date by depositing same
In the Post OOlce at Carlisle, I'A, first class Illllil, pustalle prcpaid, IIddresscd as follows:
Rulf E Krull. Esquire
lmYNOLl>S & IIA V AS
10 II'ine Strcet
P. O. Box 932
Harrisburl!.I'A 17108.0932
MARTSON, DEARDORFF, WILLIAMS & OTTO
Allorneys for Defendant
Dated: November IS. 1996
,
SHERIFF'S RETURN - REllUI.AR
CAS~ NOI 19~G-04942 P
CDI1110NWF.:At.TH IW PF.NNSYLVANIA I
COUNTY OF CUI1BERLAND
BOLt. INllER 11 K Il'_A!HL .. ..... ._
VS.
I:IAH!llU.!..&~t.TI!CAR~:_CORP I::T AL
_RQJllm:Ll.1INlL liIL____. _ __ . Sheriff or DIlputy Sheriff of
CUI1BERLAND County, PIlnnsylvania. who being duly sworn according
to law, lIaYII, the wi thin COI1PI.AINT was servIld
upon .IlANOR .JlliAlJlillARli_J;;9RP_.J>-l Bth. J.f;AP~;lt"URJiINll & RF.HAB C~:NTER the
ddClndant, at .-J~!Illl/lqJ. HDURS, on the 21Elt. day of Ootob.9r. ..... .......... . J
19'& at ._ '340 !tAI.NUT BOTJJJ1LRP .....__._ _ ..._.__
9A1l.t.I8.lt.!l...---1.!1L.17~l.:1__.__._ . .....n ._____..n.__' GJJ!1'pgRl,tIHlL..___J
County, Ponnllylvllnia, by handing to TAMMY. VAUgHN,. flUMAN. RtIiQURct::.e.. ....__
a trulI and attested copy of the ..QQ.l'lPI.A.!.IiL...._..... .... u....__.__. ..___......_..
and lit tho sarno timo directing Ile~ attention to the contonts thDreof.
,
ShClriff'p Costsl
DOl'lketing
Sltrviolt
Affidavit
SurcharglJ
So anSWllrSI.
G.00
3.l0
.00
2.00
f',/,
1_ ./
I r-';,f'~'-.,.;r\ /"--#' ,...
u. Thoma. 110., tiherl11
Bll.l~ uEYNOLDS &
11/04/1996
by
HAVAS
/("1 .;2//
,.;~.;t,. .'7// - ~
-f J .--?'" - -
:) t5 ~"pu y Sher1U 5c..-
Sworn and subscribed tc before me
this __~.~. day of.Jt,,~.~~~_
19__._~.l:.... A. D.
---- -~/~~t~J,irtf&ti+t~(pil,.
SH~:RIFf"S RETURN - REOULAR
CASE NOI 1~~6-04942 P
COn"ONW~:A1:ru IW PENNSYLVANIA I
COtNTY OF C IlBERLAND
PQ].~nm..~IL.!UH.r^P" .
VB.
I!.tlN9.lL..Ill;;A11UQARlUiPRP ~;TM.
_RQ.IlliRT l..j'lN.lLl;lH.d_ J Shariff or Doputy Sheriff of
CUIlDERLAND County, Pennsylvania, who being duly sworn locording
to law, says, the within COIlI'I.A INl._____ _.___n.. __ was served
Upl," .JWlQJLJ1EA1 T1JI(AR~; G.mw 0/"1 ^ M^NURG^R~; I\~:^"TII amv eMU. tfM; the
dafandont, ot ._l~~r,hqJl/l_ HOIlRS, on tho 211lt. day of Oc1tobUn._.____ _1
lY~1? ot _-'11-'LW.A!Jill'C Ul,lrnlll RIlAD
!:iAJ111H1.&,., ..PJLJ1.01;l.n. _... 1 ClJMUEIU..ANP. - __.J
CCJUnty, Pannsylvonio, by honding to TAI1IlY VAUtlIlN, .IIUMAN Rf:SOURCe:IJ..
a trua and athshd copy of the, mmrkAINL. . ..- . -.. --.----....,
ond at the some tima diraoting He~ ottention to the contants thereof.
Sheriff's Costsl
Dccketing
Servic.
Affidavit
Surcharge
So answers.1
6.00
.00
.00
2,00
i.......::---",. ...'.('( '-'./'.00:""'('
R, thoma.'Kline, en.r1!l
.ts.{lJ~
REYNOLOS & t1AVAS
11/04/1996 .7.. . _., /
by '(f~IiiJ~L~.~h--
Sworn and subscribed to boforo me
thi.__J!'-~:_, doy of7u,~~..t...-'
lY._~l'-!:__ A. O.
-_..S"'+'/~:pc;~t~~k~\~}y 101/'7'
.\
\
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,
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1
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S\lF-RIFF'S HE1'URN - OU" OF COUNTY
C^B~ NOI \~~~.0~9~2 P
Cl)nltllNW~:A1.T\I llF r.~:NHBYLV ANtA I
CIl NTY Of' C\J1t8~:R .AND
om.t. t!ill~Jl tUSJf..,^OIL
va.
116NOR ilEAL TIlf.AillL CORf,.. Etik..--
It. Th.llmBB IU.\.M.__..__....---.1 Sheriff, vho being duly avorn aooording
to lav, aBya, that he made a diligent searoh and inquiry for the vithin
named defendant, to vitI I1ANllR IIEAI.TIICARE CORPORATION
_-..--...-.------..--...w............-....-.....- .. ....----.
but vas unablll to looate ...____1118!I1. _ in his bailiwiok. He therefore
deputized thll sheriff of.... J>MWHtlL...-._. --'- county, pennsylvania,
to lIerve the vithin ..COllP.I.^JliT. ..... .-.---.........-.......-----------
-..-..-.--.-.- ....."..-.... .....-"............. .-...........--....-...--.-. ----
On .Ji2.'lg!1Jl1~r. ...flt.h,...'\'}.'J.9.-".._.-._' this offioa lIBS in reoeipt of
the attaohed return from__...PflI1PIIJlt-.... ..... .--" County, pennsylvania.
Shariff's Oostsl
Oo"koting
out of County
~xfi~Mkg3oUNTY
Go anliverlll
.
I~. . v/.~.,,~;1/ /;>
R;rrnCli1iail1tlln'e;-slietflf'-"---
18,00
9.00
2.00
25.50
1l!J4.016 REYNOLOS 80 \lAVAS
11/04/199&
Svorn and subsnribed to before me
this ._~~_ day of "':'"1 LuUH-k.
1'3_.'l~. . A. D.
__..~.~~~lno~r~~fY.-;-''''~...-......
Office of the Sheriff
Ralph a. WcAlllater
Golol O..pult
Mary Jano Snyder
1100' Ell_Ie Oooult
"'- ",.J'
\
Mlchnel VI. Rlneholt
AI8l'I~r,1 (;hlol Oepul"
~: .
'- ~?).~..il,~~.
~:P,.~."..~I
William T. Tully
Sollcilor
Oouphl" Counly
IIWilburll, Punn.)I,_nl- HIOI
(7,1) Hb.2660
J. R. Lotwiclt
Sheriff
COMMONWEALTH OF PBNNSYLVANIA
COUNTY OF DAUPHIN
SHBRIFF'S RETURN
No. 0287-'1 - . -96
AND NOW, October 24, 1996
AMENDED COMPLAINT , NOTICE
MANOR HEALTH CARE CORP,
served the within
upon
by peruonally handing to
LISA DAVIDSON _ CUST, SIlRVICE REP. 1 true IIttestod copy! ieu) of
the original AMENDED COMPLAINT r. NOTICE and making known to
him/her the contents thereof at C/O UNITEC STATES CORP.
319 MARKE'l ST.
HARRISBURG, PA 17101-0000
Sworn and subscribed to
b:r.orll me this 24TH dllYiJ OCTOBER, 1996
Jter,JlMU e.-. l {-'(btvnoJ
I.IJi I PROTHONOTARY
-
Sheri ff' s Costo I
$25,50 FD 10/23/96
RCPT tlO 085305
Pa.
11-
1.
In Tng Court cT C.:mmon Fle::s or C:.Jr,::::~It'I=nd c;.:Ju';;~'YI Pannsylvc:nlo
\ . .
0, Kip Bollinger, Administrator of the Estate of Frank Ilair, Deceased
'/S.
Manor Health Care Corporation
:'fo.
11(,_.:1 94 2 Hri \111 "'arrn
'0
--.., .--
:-iow, Dc t, 18 I 1 996
h=-..!ly c!..ru= ~ Sc=..:i ol
'9 T S.-.".-- 0':: /'....,,..,,..=..:IT ,\"" CO'...'...v ':lA c!
. -........ .'"':....:....:..: ~ _ w'W .......:;).:...._n...lU "".1. .. . n-. Q
. .
()auohin
. _ C.)\Ct7 to c::-.u:: -::is '.Vrl:,
= C:pu== =:!:lr _...,r. ~, ~ ~ ::d ::.1k of :.!:: :!~=.
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i ~""'..-.c ~~~
.s:hL-~ at C;:::!:erW:d C~WltT. ,,~
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:-tow,
!9
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byl::u:Cbt:a
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c:pr ol cm cri~~.1
t'
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:!::.o ::tttcts t.~::=i.
So lI.Il.IWm,
$hail 0/
Coull', h,
SWllr.l 4IId NbscMed bclm
=,t!:!s_ c!:lycl
19_
cern
SL'Wto:
~CIU.\OE
A.."11DA ... TI'
J
-
----....-----.
s
'-"---a
G. KIP BOLLINGER, I
Administrator of the Estate I
of FRANK HAIR, Deceased, I
Plaintiff I
I
V. I
I
MANOR HEALTHCARE CORPORATION I
and LEADER NURSING and I
REHABILITATION CENTER, I
Defendant I
IN 'l'IlE COURT OF COI>lNON PLEAS OF
CUHBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-4942 CIVIL TERM
AND NOW, this
ORDER OF COURT
l/~ day of August, 1997, upon consideration of
Plaintiff's Motion to Compel Discovery, a Rule is hereby issued
upon the Defendants to show cause why the relief requested should
not be granted.
RULE RETURNABLE within 20 days of service.
BY TilE COURT,
Rolf E. Kroll, Esq.
101 pine street
P.O. Box 932
Harrisburg, PA 17108-0932
Attorney for Plaintiff
Thomas J. Williams, Esq.
Ten East High Street
Carlisle, PA 17013
~-o-JJ \..l'" n\\/1...( ....t
8/1'J./t! 1.
....l,r.
Iro
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ROlF E, KROll, ESQUIRE
PI, SUpttmI Court I,D, No. 4120
REYNOLDS & HAVAS
A ProImlonel Co/polItlon
101 PIne B~'"
P.O, Box 832
Herrl,bu'll, PIMI)'lYllnlll 171~32
Tlllp/lonI:
FAX:
(117)238-3200
(117)238-8883
AIlamty lot Ptelntilf;
0, KIP 8Ol.UNOER, Admlnltlrelor
cI the Ellett cI FIWlt( HAIR, 0........
G. KIP BOLLINGER, Administrator:
of the Estate of FRANK HAIR, :
Deceased, :
Plaintiff I
:
IN THE COURT OF COMMON pr~AS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 96-4942 CIVIL
MANOR HEALTHCARE CORPORATION
and LEADER NURSING and
REHABILITATION CENTER,
Defendants
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: JURY TRIAL DEMANDED
MOTION TO COMPEL DISCOVERY
OF PLAINTIFF, G. KIP BOLLINGER
AND NOW, comes Plaintiff, G. Kip BOllinger ("Mr.
Bollinger"), by and through his oounse1, Reynolds & Havas, A
Professional Corporation, and moves to oompe1 Defendants, Manor
Hea1thoare corporation and Leader Nursing and Rehabilitation
Center ("Defendants") to provide suffioient and complete answers
to Interrogatories and Requests for Produotion of Documents, and
avers the following in support thereof:
1. This is a medical professional liability aotion
whioh was oommenoed by Mr. BOllinger by way of complaint filed on
September 5, 1996, and served upon Defendants on September 11,
1996. A cdpy of Mr. BOllinger's Complaint is attached hereto,
incorporated herein by reference and labeled "Exhibit A".
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2. In his Complaint, Mr. BOllinger oontends that
Defendants were negligent and reckless in the nursing oare
provided to his father-in-law, Frank Hair, whioh ultimately lead
to the development of a stage IV deoubitus uloer.
3. As part of discovery, Defendants were served with
Interrogatories and Requests for produotion of Documents
("Disoovery") on April 22, 1997. A oopy of said Interrogatories
and Requests for Production of Doouments are attached hereto
respectively as Exhibits "B" and "Co.
4. On June 30, 1997, when more than 30 days had
expired without any response to the aforesaid Discovery, defense
oounsel was notified that unless some response was provided
within the next 10 days, a Motion to Compel Discovery would be
filed. A copy of said correspondence is attaohed hereto,
incorporated herein by reference, and labeled Exhibit "0".
5. To date, Defendants have not answered the
aforesaid discovery.
6. In the event a party fails to respond to
discovery, Pennsylvania Rule of civil Prooedure 4019(a) (l)(i)
provides as folloWSI
The oourt may, on motion, make an appropriate
order if
i. A party fails to servs
answers, sufficient answers or
objections to written
interrogatories under RUle
4005.
7. In light of Defendants' failure to respond to the
aforesaid Discovery, it is respectfully requested that this Court
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enter an Order compelling Defendants to sUfficiently and
completely answer all discovery, as more than 40 days has elapsed
without any objection, or, upon failure to do so, to suffer
appropriate sanctions.
WHEREFORE, Plaintiff, G. Kip Bollinger, respectfully
requests that this Court enter an Order compelling Defendants to
sUfficiently and completely answer all discovery or to suffer
appropriate sanctions.
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VAS
1 corporation
101 pine Street
P.O. Box 932
Harrisburg, PA 17108-0932
(717) 236-3200
Attorneys for Plaintiff,
G. Kip BOllinger, Administrator of
the Estate of Frank Hair, Deceased
,
ROLF E. KROLL, ESOUIRE
Pa, Supreme Court 1.0, No, 47243
REYNOLDS & HAVAS
A Professional Corporation
101 Pine Street
P,O, Box 932
tiarrhburg, Pennsylvania 17108 -0932
Telephonel 17171 238-3200
FAX: 717 238,6863
G. KIP BOLLINGER, Administrator:
of the Estate of FRANK HAIR, :
Deceased, :
Plaintiff I
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v.
MANOR HEALTHCARE CORPORATION
and LEADER NURSING and
REHABILITATION CENTER,
Defendants
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Attornay for PIBintift~
Q, KIP 80LLINGER, Administrator
of the Estate of FRANK HAIR, Deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
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JURY TRIAL DEMANDED
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 filing in writing with the Court 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 SIIOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
IIAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPIIONE TilE OFFICE
BET FORTI! BELOW TO FINO OUT WHERE YOU CAN GET LEGAL IIELP.
HOTICIA
Le han demandado a usted en la corte, ai usted quiere
defenderse de estas demandas expuestas en lae paginas siguientes,
usted tiene viento (20) diae de p1azo al partir de Ie fecha de 1a
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona a par abagada y archivar en 1a corte en
forma escrita sus defensas 0 GUS objectiones alas demandas on
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contra de su persona. Sea advisado que si usted no se defiende,
la corte tomara medidas y puede entrar una orden contra usted sin
previo adviso 0 notificacion Y por cualquier queja 0 alivio que
es pedido en la peticion de demanda. Usted puede perder dinero 0
es propiedades 0 otros derechos importantes para usted.
L~ ~~T~ DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO
~~:~~ ~~~G~~ u ~~ ~~ ~~~~ ~~N:O DurlclENTE DE ~~~~ ;:A~
~~~~~~ ~~I~ ~~~ R TELEr NO A ~ ~~g;N~ CUYA
~ EDE-CO: N ESCRITA AliMO PARA AVERIGUAR DON DE BE
U SEGUIR ABISTENCIA LEGAL.
cumberland county court Administrator
4th Floor, cumberland county courthouse
Carlisle, pennsylvania 17013
(717) 240-6200
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ROLF E. KROLL, ESQUIRE
Pa. SupreMa Oourt I,D, No, 47243
REYNOLDS & HAVAS
A Professional Corporation
101 Pine Street
P,O, Sox 932
Herrieburo, Penneylvania 17108.0932
Telephone I /7171 236.3200
FAX: 717 236,6863
G. KIP BOLLINGER, Administratorl
of the Estate of FRANK HAIR, I
Deceased, I
Plaintiff I
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v.
MANOR HEALTHCARE CORPORATION
and LEADER NURSING and
REHABILITATION CENTER,
Defendants
Attorney for Plaintiff I
G. KIP BQLLINGER, Adsinistrator
of the Estate of FRANK HAIR, Deoeased
.IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.
JURY TRIAL DEMANDED
COMPLAINT
AND NOW, comes Plaintiff, G. Kip BOllinqer, Administrator of
the Estate of Frank Hair, deceased, by and throuqh his counsel,
Reynolds & Havas, a Professional Corporation, and avers the
followinq I
1. Plaintiff, G. Kip BOllinger ("Plaintiff"), is the
personal representative of the Estate of Frank Hair, deceased, in
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whose Estate Letters of Administration were duly granted by the
Register of Wills of Cumberland County, Pennsylvania.
2. Defendant, Manor HealthCare Corporation ("Manor
Healthcare"), is a Delaware corporation organized pursuant to the
laws of the state of Delaware, with a registered office in
Pennsylvania clo United States Corporation Company, 319 Market
Street, HarriSburg, Pennsylvania 17101,
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3. At all times relevant to this complaint, Manor
Healthcare maintained the Leader Nursing and Rehabilitation
center ("Leader"), 940 Walnut Bottom Road, Carlisle, cumberland
county, pennsylvania 17013.
4. On or about september 23, 1994, Frank Hair ("Mr. Hair")
was admitted to the carlisle Hospital with a principal diagnosis
of hypercalcemia resulting from hepatocellular carcinoma of the
sclerosing type.
5. During his admission at Carlisle Hospital, Mr. Hair's
skin assessment was found to be within normal limits, with the
skin turgor adequate and the skin moist and warm.
6. The Carlisle Hospital records reflect, however, that
Mr. Hair had pilonidal surgery in 1938, for which he had a small
residual abnormality in that area.
7. On september 27, 1994, Mr. Hair was discharged to his
home in an ambulatory status.
8. over the next month, Mr. Hair became more dependent in
light of his medical condition and his family had difficulty
caring for him.
9, When Mr. Hair's dependency reached the point where the
family could no longer provide the care he peeded, his family
consulted the Administrators at Leader.
10. After the family was assured that Leader would ensure
Mr. Hair's dignity if he was indeed admitted, the Hair family
agreed to his admission.
11. on october 21, 1994, at approximately 2100 p.m.,
Mr. Hair wae admitted to Leader.
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12. At the time of the admission, Mr. \lair was placed in
Leader's skilled nursing section with the goal to keep him as
comfortable as possible,
13. Initial orders written upon Mr. \lair's admission to
Leader indicated that Mr. \lair required skilled nursing sarvices.
14. Shortly after admission, a pressure ulcer risk
assessment was performed by Sherry RUPP, LPN. The pressure ulcer
risk assessment tool provides for an evaluation of seven (7)
specific areas, including general physical condition, mental
status, activity, mobility, incontinence, nutritional status and
existing skin breakdown.
15. Ms. RUpp's assessment of Mr. \lair's status at the time
of his admission showed absolutely no existing skin breakdown.
16. The total scores of all areas assessed on the pressure
ulcer risk assessment tool was a score of eight (B), which
indicated Mr. \lair was considered to be at risk for developing
pressure ulcers and, therefore, qualified Mr. \lair for a mattress
overlay or a speciality bed.
17. No mattress overlay or speciality bed wae ordered at
the time of admission,
lB. At approximately BI45 p.m, on October 21, 1994, the day
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of Mr. \lair's admission to Leader, a conference was held between
Mr. \lair's family and Leader employees.
19. During this conference, Mr, \lair's wife, Chloe \lair
("Mrs. \lair"), alerted Leader employees of the presence of her
husband's pilonidal cyst, which at the time of admission appeared
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as it had for the last 30 years. . . small, clean and without
drainage.
20. The Leader employees assured Mrs. Hair that the cyst
would be cared for and that all the staff would be alerted of its
existence.
21. over the next several days, Mr. Hair became more
confused and more unresponsive.
22. During this time frame the Hair family found Mr. Hair
unattended covered with urine.
23. Nurses notes on october 23, 1994, reflect Mr. Hair's
skin was dry and intact.
24. On october 24, 1994, nurses notes reflect that there
was absolutely "no skin breakdown" and that the skin was dry and
intaot.
25. On october 25, 1994, the nurses notes again reflect
that Mr. Hair's skin was dry and intact.
26. On october 26, 1994, after repeatedly finding Mr. Hair
unattended, the Hair family hired a private duty nurse to care
for Mr. Hair.
27. It was the private duty nurse who first discovered the
huge, gaping open area on Mr. Hair's buttoc.ks. The private duty
nurse immediately reported her discovery to the Leader staff
member, Jean Peterson, R.N,
28. only after the Hair'e private duty nurse discovered the
gaping open area did Leader employees note the area of necrosis
on Mr, Hair's coccyx area that was ultimately desoribed as a
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stage IV skin ulceration which was 7 em. x 9 em. in length and
.5 em. in depth.
29. A stage IV skin ulceration involves a full thickness of
skin lose with extensive destruction, tissue necrosis or damage
to muscle, bone and supporting structures.
30, Despite the extensive loes of skin and tissue neorosis
present, no Leader employee noted.the area of skin breakdown
prior to the discovery of said ulceration by the Hair's private
duty nurse.
31. Based on the severity of the pressure uloer, orders
were instituted immediately for Mr. Hair to be turned every two
hours and an alternative air pressurs mattrsss to be applied to
his bed.
32. Nurses were instruoted to irrigate the pressure ulcer
dressing in the sacrum three times a day and as needed to apply
Vaseline to the opened areas of the pressure ulcer.
33. Needless to say, these dressing ohanges were very
painful to Mr. Hair.
34. Despite the treatment provided, Mr. Hair progressively
deteriorated and ultimately expired on November 3, 1994.
G. KIP BOLLINGER, AS ADMINISTRNl'OR OF 'I'IIE ESTATE
OF FRANK IIAIR v. MANOR IIEALTIICARE, INc.
and LEADER NURSING AND REIIAntLITA'I'ION CENTER
35. The foregoing paragraphs of this Complaint are
incorporated herein by reference as though set forth fully at
length.
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J6. Defendants, Manor Healthcare and Leader are liable to
Plaintiff for the injuries and damages alleged herein, which were
directly and proximately caused by its negligence, gross
nogligence, and/or reckless indifference with respect the care
nnd treatment provided to Mr. Hair by:
a. Failing to implement precautionary
measures to prevent the development of
skin breakdown;
b, Failure to maintain Mr. Hair in a clean,
dry environment so to prevent the
development of skin breakdown;
o. Failure to turn and position Mr. Hair
periodically from side to side so as to
provide relief from pressure leading to
skin breakdown;
d. Failure to observe Mr. Hair's skin
condition on a routine basis, as per the
nursing standard of care;
e. Failure to provide Mr. Hair with daily
bathing and skin oare, so to prevent the
development of skin breakdown;
J7. As a direct and proximate result of the negligence and
reoklessness of Manor HealthCare, Leader and their agents,
apparent agents, servants and/or employees as set forth above,
Mr. Hair sUffered serious and painful injuries, including the
development of a stage IV skin ulceration. .
J8. As a direct and proximate result of the aforesaid
injuries, Mr. Hair was forced to endure unwarranted pain,
sUffering and disoomfort for the last days of his life.
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39. As a direct and proximate result of the aforesaid
injuries, Mr. Hair was subjected to great humiliation during the
last days of his life, and claim is made therefor.
40. The aforesaid negligence occurred as a result of
Defendants negligence, gross negligence and reckless indifference
and disregard to the rights of Mr. Hair, and a claim for punitive
damages is made therefor.
WHEREFORE, Plaintiff, G. Kip Bollinger, Administrator of the
Estate of Frank Hair, deceased, demands judgment against
Defendants, Manor Healthcare corporation and Leader Nursing and
Rehabilitation center, in the amount in excess of Fifty Thousand
($50,000.00), exclusive of interest and costs, and in excess of
any jurisdiotional amount requiring oompulsory arbitration.
Respeotfully submitted,
1.~f:,fI:
. Os Ira
17108-0932
(717) 236-3200
Attorneys for Plaintiff
a. Kip Bollinger, Administrator of
the Estate of Frank Hair, Decea..d
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VERIFICATION
I, G. Kip Bollinger, depose and say/ subject to the
penalties of 18 Pa.c.S.A., A 4904, relating to unsworn
falsification to authorities, that the facts set forth in the
foregoing pleading are true and correct to the best of my
knowledge, information and belief.
~o...\:w t.(, I'i. ~ b
Date
G ~ (~~
G. Kip BOllfnger
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ROLF E. KROLL, ESQUIRE
Pa, SupreMe Court I,D, No. 47243
REVNOLDS & HAVAS
A Professional Corporation
101 Pine Street
P,O, Box 932
Harrisburg, Pennsylvania 17108.0932
Telephone: 1717\ 236.3200
FAX: 7t7 236.6863
Attorney for Plaintiff:
G. KIP BOLLINGER, Administrator
of the Estate of FRANK HAIR, Deceased
G. KIP BOLLINGER, Administratorl
of the Estate of FRANK HAIR, I
Deceased, I
Plaintiff I
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
No. 96-4942 CIVIL
MANOR HEALTH CARE CORPORATION
and LEADER NURSING and
REHABILITATION CENTER,
Defendants
JURY TRIAL DEMANDED
INTERROGATORIES OF PLAINTIFF,
ADDRESSED TO DEFENDANTS -- FIRST SET
TO: MANOR HEALTHCARE CORPORATION and LEADER NURSING AND
REHABILITATION CENTER, DEFENDANTS
Thomas J. Williams, Esquire, their attorney
10 East High street
Carlisle, Pennsylvania 17013
PLEASE TAKE NOTICE that you are hereby required
pursuant to Pennsylvania Rules of civil procedure Nos. 4005 and
4006 to serve upon the undersigned within thirty (30) days from
service hereof your answers in writing and under oath to the
following Interrogatories.
These Interrogatories shall be deemed to be continuing
Interrogatories. If, between the time of your answers to said
Interrogatories and the time of the trial of this case, you or
anyone acting on your behalf learns the identity and whereabouts
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of any other witnesses not idsntified in your said answers, or if
you obtain or become aware of additional requested information
not supplied in your answers, you shall promptly furnish the same
to the undersigned by supplemental answers.
Respectfully submitted,
REYNOLDS & HAVAS
A Professional Corporation
~:~l f1
101 Pine Street
P.O. Box 932
Harrisburg, PA 17108-0932
(717) 236-3200
Attorneys for Plaintiff,
G. ~ip BOllinger, Administrator of
the Estate of Frank Hair, Deceased
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DEFINITIONS
As used in these interrogatories, the words and terms
as set forth below shall be defined as follows:
(a) "You", "your" or "yourself" shall mean Defendant,
Manor Health Care corporation and Leader Nursing Home, and
include the answering party, each of said party's
representatives, agents, servants, workmen, relatives, employees,
attorney, and all other persons acting for or on behalf of the
answering party.
(b) "Identify" or "identity" when referring to an
individual means to state his/her:
(1) name,
(2) present address, if known, or last known
address (business and residence),
(3) job title, business affiliation or job
olassification at the time of the events referred to in the
interrogatory answer,
(4) current employer, if known, or last known
employer, and,
(5) telephone number (bUsiness and residence),
(c) "Identify" or "identify" when referring to
doouments means to:
(1) state the type of document (~, record,
report, letter, memoranda, telegram, charge, photo, etc.),
its date, its title (if any), its identifying number, a
generalized summary of the subject matter of the contents of
the documents, and its present locntion: and
(2) state each person who prepared it, each
person for whom it was prepared, the address of each person
to whom it was sent, the address of each person who
presently has custody of the original or copies thereof.
(d) "Identify" or "identity" when referring to a
"claim" or "action", means to set forth the name of the court
where the case, claim or action was filed, the docket number, the
year and date when the action wae commenced, the names of all
claimants (including you), the namee of all parties against whom
a claim was asserted, the date or dates of the transaction or
occurrences which gave rise to the claim, a description of
injuries and damages claimed to have accrued, the identity of
insurance carrier for the person or entities against whom all
claims or suits were asserted, the outcome of the claim or suit,
the amount recovered, from whom, and if no recovery was realized,
why not.
(e) "Documents" include any written, recorded or
graphic matter however produced or reproduced inclUding but not
limited to ccrrespondence, telegrame, other written
communicaticne, contracts, agreements, notes, reports, records,
x-rays, memoranda, photographs, tape recordings or any other
writings, inclUding copies of any of the foregoing now or at any
prior time in your (as defined herein) possession, custody or
control.
(f) "statement" includes a written statement signed or
otherwise adcpted or approved by the person making it. It
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includes the stenographic, mechanical, electrical, or other
method of recording or a transcription thereof which is a
substantially verbatim recital of an oral statement by the person
making it an contemporaneously recorded.
(g) "Treatment" means any surgery, examination,
diagnosis, therapy or other medical care or attention rendered.
(h) "Medical Personnel" means physician, dentist,
chiropractor, podiatrist, chiropodist, therapist, intern,
resident, nurse (LPN or RN), or any "health care provider" or
other person who rendered service to, attended to or otherwise
assisted in the care of the Plaintiff.
(i) "Medical Facility" means hospital, doctor's
office, clinic, rehabilitation center, nursing home or any
similar facility in which or through which medical, therapeutic,
rehabilitative or other services were rendered.
(j) "Person" has its customary broad meaning and shall
also include any human being, corporation, partnership, sole
proprietorship, unincorporated association, joint venture, or any
other organization or entity.
(k) "Describe", "specifY", and/or "state" shall mean
to set forth fully and unambiguously, using professional words of
art if necessary, each and every fact relevant to the answer
called for in the interrogatory of which the answering party or
his agents, employees or representatives have knowledge.
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1. Identify the individuals answering these Interrogatories on
behalf of Defendants including I
(1) name,
present addrsss, if known, or last known address
(business and residence),
(3) job title, business affiliation or job classification at
the time of the events referred to in the interrogatory
answer,
(2 )
(4) ourrent employer, if known, or last known employer, and,
(5) telephone number (business and residenoe).
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2. Set forth the dates you had professional contact with Frank
Hair. Please consider this a request to produce all records
relating to said professional contact, excluding any
previously supplied medical records.
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3. state the name and last known address of each person WhOI
a. Was a witness to the nursing care and treatment or
examinations through sight or hearing:
b, Has knowledge or facts concerning the nursing care and
treatment or examination or conditions or circumstances
at the time of the nursing care and treatment or
examination prior to, after, or at the time of the
incident, except those persons who acquired such
knowledge during the course of this litigation: and
c. state the person I s exact location and aotivity at the
time of the treatment or examination.
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4. Have you or anyone acting on your behalf obtained from any
person any statement concerning this action or its subject
matter? If so, state:
a. The name and last known address of each person:
b, When, where, by whom and to whom each statement was made,
and whether it was reduced to writing or otherwise
recorded I and
c. The name and address of any person who has custody of any
such statements that were reduced to writing or otherwise
recorded.
please consider this a request to produce those statements
referred to in the above answers.
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5. Have you given any statement(s) concerning this action or its
subject matter to anyone, including an agent or representative
of your insurance carrier? If so, state:
a. The name and address of each person to whom the statement
was givenl and
b. When and where such statement was given.
Please consider this a request to produce those statements
referred to in the above answers.
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G. If you know of anyone that has given any statement (as defined
by the RUles of Civil Procedure) con~erning this action or its
subject matter, statel
a. The identity of each such person;
b. When, where, by whom, and to whom each statement was
made, and whether it was reduced to writing or otherwise
recorded; and
c. The identity of any person who has custody of any such
statement that was reduced to writing or otherwise
recorded.
7. Have you or anyone on your behalf conducted any investigations
of the medical care which is the subjeot matter of this
Complaint?
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8. If the answer to the precsding Interrogatory is in the
affirmative, statsl
a. The name, address and employer of all persons who
conducted any investigations I
b. The dates of the invsstigationsl and
c. Ths dates of any reports of any investigations and ths
identity of the persons who have possession thereof,
Please consider this a request to produce those statements
referred to in the above answers.
g.
If you, or someone
4003.5, conducted
identify:
not an expert subject to Pa.
any investigations of the
R.C.P. No,
incident,
a. Each person and the employer of each person who conducted
any investigation(s) I and
b. All notes/ reports or other documents prepared during or
as a result of the investigation(s) and the persons who
have oustody thereof.
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10. Do you claim that the Plaintiff was contributorily or
comparatively negligent and/or assumed the risk of injuries
and damages as set forth in the Complaint? If the answer to
this Interrogatories is in the affirmative, state the
contentions which you or anyone acting on your behalf base a
claim for contributory or comparative negligence and/or
assumption of the risk.
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11.
Is there any person who has knowledge or information
concerning this case whose name and address is not listed in
the preceding answers to Interrogatories, other than the named
Defendants and their counsel? for each person, please state
his/her name, address, occupation and place of employment.
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12. State the names of any persons interviewsd, questioned and/or
contacted by you regarding the subject matter of this
litigation and include in your answer the following:
a. The address of the person interviewed:
b. The method used in interview (i.e., in person, by written
inquiry or by telephone):
c. The date of the interview: and
d. The substance of the interview provided to you by the
person interviewed.
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13, If you intend to use any book, magazine or other such writing
at trial, state I
a. The name of the writing,
b. The author of the writing,
c. The publisher of the writing,
d. The date of publication of the writingl and
e. The identity of the custodian of the writing.
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14. Identify each person whom you expect to call as an expert
witness at the trial of this case. In accordance with
Pennsylvania Rule of Civil Procedure No. 4003.5 you may file
as your answer an expert report or have the Interrogatories
answered by the expert. The answer submitted as a separate
report shall be signed by the expert. with respect to each
person that you expect to call as an expert witness at the
trial of this case, statel
a. His or her name, residence and business addresses,
profession and occupation I
b. The name and address of his or her present employer or,
if self-employed, the name of the business and his or her
occupation I
c. His or her educational background, specifying colleges
attended, dates of attendance, degrees attained, and n
detailed list of all writings prepared by the expert or
in which the expert participated in any way whatsoever I
d. specific identification of all courses attended, seminars
attended, or other activities on the part of the expert
in the past 10 years which were concerned with the
subject for which the expert was retained in this easel
e. The name and address of the persons or firms for whom the
individual worked during the past 10 years and a detailed
description of all duties at each place of emplorment.
If the expert was self-employed, state specifical y and
in detail the description of his or her duties and
responsibilities I
f. Present hospital affiliations, if any I
g, The caption, including the court and document numbers of
any other cases in which the expert has participated in
any fashion (including depositions, hearings or any other
proceeding within the last 10 yearsl
h. The caption, including court and docket number of any
action to which each expert has been a partYI
1. Please supply a curriculum vitae for each of your
experts,
j. The subject matter on which he or ahe ia expected to
testify I
k. The facto and opinions to which he or she is eKpected to
teatify,
14
1. A summary of the grounds for each opinion,
m. Whether the facts and opinions listed in the above
Interrogatories are contained in a written report,
memorandum or other transoript and, if they are, give the
name and address of the present custodian of the same and
sate whether you will produce same without the necessity
of a motion,
n. The author, title, date and publisher of any article,
text, part of a text, treatise, paper or speech or any
other source of information upon which the expert will
rely in expressing his opinion,
o. The date on which you first contacted the expert,
p. The hourly rate or other measure of payment to be made to
said expert, and
q. Identify all documents submitted to the expert and all
products or looales inspected by the expert in connection
with preparation for his or her testimony.
15
15, If the opinion on any expert lieted above is based in whole or
in part on any code, regulation or standards, government or
otherwise, identify the said code, regulation or standard and
specifically set forth the section it relied on,
"{i:lU-~
~.
16. If the opinion of any expert listed above is based in whole or
part upon medical textbook or other publication, identify said
text or publication.
I
17.
If in answer to any Interrogatory you attaohed a copy of a
report, does the expert have any additional opinions or
knowledge not contained in said report? If so, statel
a. The facts and opinions not contained in the report I and
b. A summary of the grounds for each opinion.
j;
lB. Identify each expert you intend to call as a witness at the
trial of this matter, and for each expert statel
a. The subject matter about which the expert is expected to
testifyr and
b. The substance of the facts and opinions to which the
expert is expected to testify and a summary of the
grounds for each opinion. (YoU may file as your answer
to this Interrogatory the rsport of the expert or have
the Interrogatory answered by your expert.)
19
19. Do you have anything in writing by way of minutes,
contracturel documents, statements or memorandum of perties,
diagrams, blueprints, pictures or any other writing or
document which you anticipate possibly using at the trial of
this matter? If so, please identify each and every item and
advise us as to the name and address of the person who has
custody of the writing and/or document.
20
20. If it is your contention that you were not negligent with
respect to treatment of plaintiff's condition, provide I
a. The facts supporting that contention,
b. Identify any documents containing facts supporting that
contention,
c. Identity of each individual who has knowledge of a fact
supporting that contention,
d. The identity of each individual who will testify to the
facts supporting that contention, and
e. A summary of the substance of the testimony of each
individual identified herein.
.,
21
a.
21. If it is your contention that any element of damages alleged
in the Complaint or the proofs and extent of the damages
described in Plaintiff's rosponse to your Interrogatories is
not causally related to your negligence as alleged in the
Complaint, provide:
b.
The specific item alleged to be unrelated:
Identify any documents containing facts supporting that
contention:
c.
The factual basis for your contention if the item is
unrelated:
d.
The identity of the individual who will testify to any
fact in support of your answer herein I and
A summary of the testimony of each individual identified
in response to subsection d. of this Interrogatory.
e.
22
:1
22. If you contend that Frank Hair was nsgligent or in any way
responsible or that any other individual is responsible for
his injuries as alleged in the Complaint, please state I
a. The factual basis for your contention,
b. Identify any documents containing facts supporting that
contention,
c. The manner in which Frank Hair or the individual as
described is responsible for the injuries,
d. The identity of the individual who will teetify to any
fact in support of your answer herein, and
e. A summary of the testimony of each individual identified
in response to subsection d. of this Interrogatory,
23
23. Identify all exhibits that you intend to use at the trial of
this matter and state whether they will be used during the
liability or damages portion of the trial.
24. For each non-expert witness you intend to oall at trial,
providel
a. Their name, address and telephone number:
b. Their relation to you, if any: and
c. A summary of the facts each will offer into testimony.
,.
25
~.~
25, state whether Defendants, Manor Health Care corporation and/or
Leader Nursing Home, were covered by or the subject of any
policy or liability insurance for the injuries arising out of
the instant case.
.
26
26. If the answer to the preceding Interrogatory is in the
affirmative, state the following as to each such policy of
insurance I
a, The name of each insured under the policy,
b, The period of the policy,
c. The amount of coverage provided by the polioy for bodily
injury for each person, for each occurrence and in the
aggregate,
d. The amount of coverage remaining for satisfaotion of the
judgment of this case,
e, The type of policy,
f, The name and address of the carrier through whioh the
policy was issued,
g. state whether an exclusive under the policy is or may be
applicable to any claims presented by Plaintiff's
complaint' and
h. state the precise language of each exolusive which is or
may be applicable, and in summary form, the facts on the
basis of which it is contended each such exclusion is or
may be applicable.
27
a. The name or names of the insurance carrier,
b. The policy numbers,
c. The named and additional insured,
d. The limits of excess coverage, and
e. The effective dates of the pOlicy.
27. At the time of the allegations made in Plaintiff's complaint,
did you have any excess coverage policy or policies of
insurance. If your answer is in the affirmative, please state
as to each such pOlicy:
.,
28
~
'\ ,'"
28, Insurance~-If you are covered by any type of insurance,
including any elCcess or umbrella insurance, that might be
applicable to the incident in this matter, state the following
with respect to each such policy:
a. The name of the insurance carrier which issued the
policy,
b. The named insured under each policy and the policy number
of each policy,
c. The type(s) and effective date(s) of each policy,
d. The amount of coverage provided for injury to each
person, for each occurrence and in the aggregate for each
policy, and
e. Each elCcluBion, if any, in the policy which is applicable
to any claim thereunder and any reasons, if any, why you
or the carrier claim the elCclusion is applicable.
29
.
"-
29. state whether this case is being defended by the attorney who
has entered his/her appearance on Defendants', Manor Health
Care corporation and/or Leader Nursing Home, behalf subject to
a reservation of rights agreement between you and your
insurance carrier.
..
3D
30. If the answer to the preceding Interrogatory is in the
affirmative, as to each reservation of rights agreement state
the followingl
a. The name of each party to the agreement I
b. The date the agreement was entered intol and
c. According to your information, what is the stated
position of the carrier as to the reservation of rights.
I
31
I
I
31. Identify each rule, policy, procedure, regulation, guideline,
instruction, recommendation, manual, handbook, collection of
orders or notice and/or other documents in effect during
Mr. Hair's admission to the Defendant Leader Nursing Home
regarding the components of appropriate care/examination of
skin assessment of patients admitted to your facility.
32. Describe any actions taken by the Pennsylvania state
Department of Health or other regulatory bodies to
investigate, discipline or reprimand you or to limit, suspend,
terminate or deny hospital or nursing home privileges to you
over the past 10 years.
33. Designate when, if ever, Mr. Hair's skin condition was
examined and/or assessed for skin breakdown and designate;
a. The health care provider by name, occupation, title,
address;
b. The date, time of day, nature and scope of the
assessment;
c. What the assessment entailed;
d. The findings or the said assessment; and
e. Whether said assessment was documented in the medical
records.
.
34
34. Describe in detail every discussion or contact of any naturs
which you or your employees had with Plaintiff or any member
of his family regarding his medical condition, treatment or
diagnosis or any othsr relevant matter. The description
should include, but not be limited tOI
a. The time and place of the discussion,
b. The identity of any document, note, record, memoranda,
letter or any other reduction of information to a
tangible form regarding each contact,
o. The substance of what you said to the individual,
d. The substance of what the individual said to you,
e. What conclusion or assumptions you drew from your
conversation with the individual,
f.
With respect to eaoh conversation or contact identified
in this Interrogatory, identify any person known to you
to have witnessed the conversation or contact by stating
their name, current address, business address and
relationship, if any, to you, and
state whethsr any of the individuals identified as
witnesses to the conversation will testifY for you at
trial and eummarize in detail the facts to Which they
will testify.
g.
35
35. state with particularity the factual basis for each defense
you are asserting in this case.
.
36
36. Licensure--If you were required by law or regulation to be
licensed for the activity in which you were engaged at the
time of the incident, statel
a. The type of license required,
b. The date you first obtained such a license,
c. The dates of issuance and expiration of your current
licensees) ,
d. The identity of the authority that issued your
licensees) ,
e. The number of your license(s),
f. The nature and duration of any revocation or suspension
of your license(s), and
g, The special restrictions, if any, imposed on you
licensees) .
.
37
c. Any other phYBicianB'. or health care prov iderB'
conformance or non-conformance with the standard of carel
37. state completely and in detail every opinion that you
personally or any perBon employed by you in your regular
practice will give at trial concerning each of the following
areaBl
a. The Btandard of care applicable to thiB caBe;
b. Your conformance or non-conformance with the Btandard of
carel
d. The existence or non-existence of negligence on your part
or the part of any perBon participating in Plaintiff's
carel
e. The preBence or lack of a cauBal connection between your
treatment and the injurieB alleged in the complaintl
f. Whether Plaintiff' B conduct contributed in any faBhion to
hiB injurYI and
g. What the outcome in Plaintiff decedent's case would have
been had his stage IV decubitus ulcer been diagnosed and
treated earlier.
38
. .
38. For each opinion in the proceeding Interrogatory I
a. state the factual basis for the opinion I
b. Liet every textbook or portion of the medical literature
you consulted or relied upon in forming that opinion, and
c. If not heretofore provided, summarize the grounds for
each opinion.
39
39. If you contend now or if you will contend at trial that the
treatment utilized by you in treating Plaintiff's condition
was consistent with the recognized methods contained in
medical and nursing literature/ provide by author, title,
publication and date of publication, each reference upon which
you will base that contention.
.
40
40. Please designate the person or persons most knowledgeable of
the financial operation and status of Defendant, Leader
Nursing Home, for the year 1994.
.
41
41.
Were you disciplined, reprimanded or counseled in
for the care you provided to Frank Hair? If
indicate the nature of the discipline, the
counseling and if such was documented.
any fashion
so, please
manner of
Please consider this a request to produce those statements
referred to in your answer.
42
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct
copy of the foregoing document on all counsel of record by placing
the same in the United states Mail a~ Ha:~bUrg,
first-class postage prepaid, on the ~ day of
addressed as follows:
Pennsylvania,
April, 1997,
Thomas J. Williams, Esquire
10 East High Street
carliele, Pennsylvania 17013
Attorney for Defendants
Ms. Terri A. Garling
Senior Claim Representative
PHICO Insurance
Post Office Box 2027
Mechanicsburg, Pennsylvania 17055-0765
REYNOLDS & HAVAS
A Professional Corporation
l
Exhibit 0
ROLf E, KROLL, ESQUIRE
Pa, Supreme Court 1.0. No, 47243
REYNOLDS & HAVAS
A Professional Corporation
101 Pine Street
P,O. Box 932
Harrisburg, Pennsylvania 1710S.0932
Telephone: 17171 236.3200
fAX: 717 236 ,6863
G. KIP BOLLINGER, Administratorl
of the Estate of FRANK HAIR, I
Deceased, I
Plaintiff I
I
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v,
MANOR HEALTH CARE CORPORATION
and LEADER NURSING and
REHABILITATION CENTER,
Defendants
Attorney for Plaintiff:
Q, KIP BOLLINGER, AdMinistrator
of the Estate of FRANK HAIR, Deceased
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 96-4942 CIVIL
JURY TRIAL DEMANDED
REQUEST FOR PRODUCTION OF
DOCUMENTS OF PLAINTIFF ADDRESSED TO DEFENDANTS
TO I MANOR llEALTHCARE CORPORATION and LEADER NURSING AND
REllADILITATION CENTER, DEFENDANTS
Thomas J. Williams, Esquire, their attorney
10 East IUgh Street
carlisle, Pennsylvania 17013
Pursuant to RUle 4009 of the Pennsylvania RUles of Civil
Procedure, Plaintiff, G. Kip Bollinger, Administrator of the Estate
of Frank Hair, Deceased, requests that Defendants, Manor Healthcare
Corporation and Leader Nursing and Rehabilitation Center, produce
the doouments hereinafter described and permit Plaintiff through
his attorneys to inspect them and copy such of them as they may
desire. Plaintiff requests that the dooumsnts be made available
for this inspsction at the offices of Plaintiff's attorney located
at 101 pine street, Harrisburg, Pennsylvania, within thirty (30)
days of the date of service hereof. Plaintiff's attorneys will be
responsible for these documents as long as they are in their
possession. copying will be done at Plaintiff's expense and the
documents will be properly returned after copying has been
completed.
This request is intended to cover all documents in the
possession, custody and control of Defendants, their agents,
employees, insurance carriers and attorneys and is considered to be
continuing. Defendants' response to the Request should be modified
or supplemented as Defendants and/or their attorneys obtain further
additional documents up to the time of trial. Requested documents
are more particularly itemized and described as followsl
1. Produce a true and correot copy of any and all
investigative reports, test results, summaries, records, drawings,
sketches or photographs of the incident involved in the above-
referenoed oase, or in any way pertaining to the events surrounding
it, or in any way pertaining to the facts which will be adduced by
and on behalf of Defendants at the trial of this oase.
2. Produce true and oorrect copies of all statements,
or memoranda of statements, of any and all persons who will be
called as a witness at the trial of this case.
3. Produce true and correct copies of all statements or
memoranda of statements, of any party, his/her agent, or employees,
concerning the subject matter of this case and the events
Burrounding it.
2
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10. Any and all documents referenced in Defendants I
Answers to Interrogatories.
Respectfully submitted,
REYNOLDS & HAVAS
A Professional corporation
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roll, Esqu re
I.D. No. 47243
101 PiI,e street
P.O. Box 932
Harrisburg, PA 17108-0932
(717) 236-3200
Attorneys for Plaintiff,
G. Kip BOllinger, Administrator of
ths Estate of Frank Hair, Deceased
.
4
. .* .
. .
CERTIFICATE OF SERVICE
I hereby certify that I have eerved a true and correct
copy of the foregoing document on all counsel of record by placing
the same in the United states Mail at Har~sburg,
..I.)/ll.",\,:
first-class postage prepaid, on the :-'A-J day of
addressed as folloWSI
Pennsylvania,
April, 1997,
Thomas J. Williams, Esquire
10 East High Street
Carlisle, Pennsylvania 17013
Attorney for Defendants
Ms. Terri A. Garling
senior Claim Representative
PHICO Insurance
Post Office Box 2027
Meohaniosburg, Pennsylvania 17055-0765
REYNOLDS & HAVAS
A Pr~fessional corporation
. ,) ) \- .
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. K~lp, Secnet y
. I. .
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct
copy of the foregoing document on all counsel of record by
placing the same in the united states Hail at Harrisburg,
Pennsylvania, first-class postage prepaid, on the 5th day of
August, 1997, addressed as followSI
Thomas J. Williams, Esquire
10 East High street
Carlisle, pennsylvania 17013
Attorney for Defendants
REYNOLDS , HAVAS
A Professional corporation
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ROLF E. KROLL, ESQUIRE
PA Ano,n.v 1.0. No. 47243
REYNOLDS' HAVAS
A Pro'...lon.1 COlpGlIlIGn
101 Pin. SIIII'
po.t 011I.. 800 831
H."llbu,U. P.nnlyt..nl. '7108.0831
17171238-3200
ATTORNEY FOR PLAINTIFF
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
NO, 96.4942 CIVIL
vs.
MANOR HEALTH CARE CORPORATION
and LEADER NURSING AND
REHABILITATION CENTER,
Defendants
JURY TRIAL DEMANDED
PRABCIPB TO 'ILB CBRTI'ICATB 0' SBRVICB
TO THE PROTHONOTARY I
Please file of record the attached Certificate of Service of
the Order for Rule to show cause entered on September 16, 1997,
and served upon Defendants on september 22, 1997.
Datel
~l/AJ/77
No. 47243
REYNOLDS & HAVAS
A Professional corporation
101 pine Street
Post Office Box 932
Harrisburg, Pennsylvania 17108.0932
(717) 236.3200
Attorney for Plaintiff
v
CERTIPICATE OP SERVICE OP RULE TO SHOW CAUSS
I hereby certify that a true and correct copy of the ORDER
FOR RULE TO SHOW CAUSE entered on september 16, 1997, was served
upon counsel for Defendants on september 22, 1997, by united
States First Class Mail, postage prepaid, addressed as follows I
Thomas J. Williams, Esquire
Marts on , Deardorff, Williams & Otto
Ten East High Street
Carlisle, pennsylvania 17013
(Attorney for DEFENDANTS)
ReynoldS & Havas
A professional corporation
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
foregoing was served upon counsel of record on September 22,
1997, by United States First Class Mail, postage prepaid,
addressed as followSl
Thomas J. Williams, Esquire
Martson, Deardorff, Williams & otto
10 East High Street
Carlisle, PA 17013
(Attorney for DBFENDANTS)
REYNO~DS & HAVAS
A Professional Corporation
(2943)
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~CT 2 1 1997
G. KIP BOLLINGER, Administratorl
of the Estate of FRANK HAIR, I
Deceased, I
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 96-4942 CIVIL
MANOR HEALTHCARE CORPORATION
and LEADER NURSING and
REHABILITATION CENTER,
Defendants
JURY TRIAL DEMANDED
ORDER
AND NOW, this J.W day of f.) L,U"
, 1997, upon
consideration of the Motion of Plaintiff, G. Kipp Bollinger, for
the scheduling of a hearing to consider issuea raised in
Plaintiff's Motion to Compel Discovery, it is hereby ORDERED that
a hearing. will be hel~ on the (1171.- day of ~'l 't:J , ~ 1 .
,2:'1. t. '/S' '1. In. '<-tv (t+"'~~ ,..,,,.'!'- I CU1?t1u...l. . t!tt~"-'-I ~
19971 Counsel should be prepared to argue their positions I~.
concerning the aforesaid Motion.
BY THE COURT,
Toltpllono:
FAX:
1117)2.3200
1117l2:lU883
~""P1aInllll:
O. KIP IIOLlINOER. Adml"""'''''
ol... E_ ol FRANK HAIR. OoctIHCI
..
.
ROLF E. KROLL, ESQUIRE
PI. Supnmt Court I,D. No. 47243
REYI<<lLD8 & HAVAS
A Prolmlonll Co<porIllon
P.O. 8ol< 832
HomobUlll. ponnlytvlnll 171Q0.0832
G. KIP BOLLINGER, Administratorl
of the Estate of FRANK HAIR, I
Deceased, I
Plaintiff I
I
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I
I
I
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 96-4942 CIVIL
v.
MANOR HEALTHCARE CORPORATION
and LEADER NURSING and
REHABILITATION CENTER,
Defendants
JURY TRIAL DEMANDED
MOTION TO REQUEST HEARING DATE
TO CONSIDER MOTION TO COMPEL DISCOVERY
OF PLAINTIFF. G. KIPP BOLLINGER
AND NOW, comes Plaintiff, G. Kipp Bollinger ("Mr.
Bollinger"), by and through his counsel, ReynoldS & Havas, A
Professional Corporation, and requests this Honorable Court to
set a date for a hearing concerning Plaintiff'S Motion to compel
Discovery and avers the following in support thereofl
1. This is a medical/nursing malpractice action
commenced by plaintiff, in which it is averred thst Defendants,
Manor Healthcare corporation and Leader Nursing Home failed to
adhere to the standard of nursing care in their care and
treatment of plaintiff'S Decedent, Frank Hair,
2. On Septen.ber 10, 1997, Mr. Bollinger filed a
Motion to compel Discovery with this court due to Defendants
failure to provide answers to discovery.
3. Thereafter, a Rule was issued by the Honorable J.
.
Wesley Oler, Jr., which was served upon Defendants on or about
september 12, 1997.
4. Defendants responded to the aforesaid Rule on or
about October 7, 1997. In their response, Defendants did not
provide full and complete answers to the aforesaid discovery.
5. Due to the nature of this discovery, it is
respectfully requested that the hearing date for this argument be
scheduled as soon as the court's calendar permits,
6. Accordingly/ in light of the foregoing, Plaintiff,
G. Kipp Bollinger, respectfully requests this court to set a
hearing date at which time Plaintiff's Motion to Compel Discovery
will be argued.
WHEREFORE, Plaintiff, G. Kipp Bollinger, respectfully
requests this Court to set a hearing date to resolve the issues
raised in his Motion to Compel Discovery.
Respectfully submitted,
REYNOLDS , HAVAS
A Prof...ional Corporation
'oJm (17
at
tL
Kroll, Esquire
y 1.0. No. 47243
Attorneys for plaintiff/
G, Kip Bollinger/ Administrator of
the Estate of Frank Hair, Deceased
2
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct
copy of the foregoing document on all counsel of record by
placing the same in the United states Mail at Harrisburg,
Pennsylvania, first-class postage prepaid, on the lOth day of
October, 1997, addressed as follows:
Thomas J. Williams, Esquire
10 East High Street
Carlisle, Pennsylvania 17013
Attorney for Defendants
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A Professional Corporation
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G. KIP BOLLINGER, : IN THE COURT OF COMMON PLEAS OF
Administrator of the Estate I CUMBERLAND COUNTY, PENNSYLVANIA
of FRANK HAIR, Deceased, :
Plaintiff :
:
v. : CIVIL ACTION - LAW
:
MANOR HEALTHCARE CORPORATION :
and LEADER NURSING and :
REHABILITATION CENTER, I
Defendants I No. 96-4942 CIVIL TERM
ORDER OF COURT
AND NOW, this 9th day of December, 1997, upon
consideration of Plaintiff's Motion To Compel Discovery, and of
Defendant's Answer ~ith New Matter to Plaintiff's Motion To
Compel Discovery, and following a conference held in the
chambers of the undersigned judge in which the Plaintiff was
represented by Rolf E. Kroll, Esquire, and Defendant was
represented by Thomas J. Williams, Esquire, it is ordered and
directed as follows:
1. Within 45 days of today's date, Defendant
shall identify for Plaintiff all experts and provide all expert
reports whom or which it intends to rely upon at trial.
2. Defendant shall promptly specifY the
treatment provided to the Plaintiff's decedent, to the extent
that suoh treatment is to be relied upon by Defendant at trial
and to the extent that such information has not already been
provided in verified form to the Plaintiff,
3. within 45 days of today's date, Defendant
shall identify for plaintiff the exhibits and fact witnesses
which it may utilize at trial, to the extent that such
information has not already been provided in verified form.
4. Within 45 days of today's date, Defendant
shall provide information as to the rules, policies, and
procedures of Defendant pertinent to the standard of care for
Plaintiff's decedent in this case, to the extent that such
information has not already been provided to Plaintiff in
verified form.
5. Within 45 days of today's date, Defendant
shall provide information to Plaintiff as to deficienoies in the
care provided to patients at Defendant's faoility whioh Were
identified by the Department of Health in an investigation
within the preoeding two years and which occurred prior to the
death of the Plaintiff's decedent. This information shall be
used by the Plaintiff only for purpoees of this trial, and shall
not be disolosed to any person for any other purpose without
prior permission by the Court.
6. Plaintiff's request for finanoial information
relating to the Defendant is denied at this time, without
prejUdice to Plaintiff's right to request the same at a later
date as disoovery progresses, an1 without prejudice to
Defendant's right to argue at that time based on more complete
discovery that punitive damagee are not appropriate in this
case.
7. Plaintiff's requests for more detailed
.
responses to interroqatories 34 and 39 are withdrawn, pursuant
to a stipulation of counsel, and all other relief requested in
the Plaintiff's motion is denied.
By the
,
, I.
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ey Ol,t, -Jr-;,
ROLF E. KROLL, ESQUIRE
P.O. BOK 932
Harrisburq, PA 17108-0932
For the Plaintiff
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ESQUIRE
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THOMAS J. WILLIAMS,
10 East Hiqh Street
carlisle, PA 17013
For the Defendant
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JUN 0 3 1998 t/J
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
plaintiff
NO. 96-4942 CIVIL
vs.
MANOR HEALTH CARE CORPORATION
and LEADER NURSING AND
REHABILITATION CENTER,
Defendants
JURY TRIAL DEMANDED
R U L E
AND NOW, this
~K
day of
:J~L
, 1998,
upon consideration of Plaintiff's Motion to compel Discovery, a
Rule is issued upon Defendants to show cause why the relief
requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURTI
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day of
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G. KIP BOLLINGER, Administrator I IN THE COURT OF COMMON PLEAS
of the Estate of Frank Hair, I CUMBERLAND COUNTY, PENNSYLVANIA
Deceased, I CIVIL ACTION - LAW
Plaintiff I
I NO. 96-4942 CIVIL
vs. I
MANOR HEALTH CARE CORPORATION
and LEADER NURSING AND
REHABILITATION CENTER,
Defendants
.
.
.
.
I JURY TRIAL DEMANDED
I
I
o R D E R
upon oonsideration of Plaintiff's Motion to Compel Disoovery, IT
IS HEREBY ORDERED thatl
1) Defendants produce Nurse carey to discuss all matters
pertaining to Nurse Carey's recollection of Nurse Poorman's
inadequacies in the dischargs of her duties at Leader Nursing
Hamel and
2) Defendants shall pay reasonable attorney's fees of
counsel for Plaintiff in connection therewith.
BY THE COURTl
J.
. ROLF E. KROLL. ESQUIRE
PA Alto,ney 1.0. No. 47243
REYNOLDS & HAVAS
A P,of...lonel Corpotfttiol1
101 Pme 6I,..t
Po.' Olfice BOil 832
He"l.bu,U. Penn.ylvellle 171080932
171712383200
ATTORNEY FOR PLAINTIFF
.. .
G. KIP BOLLINGER, Administrator
of the Estate of Frank Hair,
Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
NO. 96-4942 CIVIL
vs.
MANOR HEALTH CARE CORPORATION
and LEADER NURSING AND
REHABILITATION CENTER,
Defendants
JURY TRIAL DEMANDED
PLAINTIPP'S MOTION TO COMPEL DISCOVERY
AND NOW, comes Plaintiff G. Kip Bollinger, Administrator of
the Estate of Frank Hair, Deceased (nplaintiffU), by and through
his counsel, Reynolds' Havas, a professional corporation, and
moves to compel discovery of Defendant Manor Health Corporation
and Leader Nursing and Rehabilitation Center, and avers the
following in support thereof.
1. On May 2B, 199B, Plaintiff took the deposition of Terri
Carey, LPN ("Nurse Carey"), a licensed practical nurse employed
by the Leader Nursing Home during Frank Hair's ("Decedent") final
days there.
2. Over initial objection of defense counsel, Nurse Carey
testified that Deborah Poorman, R.N., was the Director of Nursing
at Leader Nursing Home during the Decadent's stay.
3. Nurse Carey testified that she left the Leader Nursing
Ilome because she had disagreements with Nurse poorman. Although
some of her disagreements with Nurse Poorman were of a personal
nature, other disagreements were over Nurse poorman's
professional conduct at Leader Nursing Home.
4. Nurse Carey related an incident where, against nursing
home regulations, Nurse poorman ordered Nurse Carey to place
samples of dialysis fluid in the Nourishment Room refrigerator.
The dialysis fluid leaked over food in the refrigerator, causing
an unsanitary condition. After the fluid leaked over food in the
refrigerator, Nurse poorman lied about her involvement in the
incident. This raises obvious concerns about Nurse poorman's
credibility.
S. Nurse Carey also testified that she had concerns over
the matter in which Nurse poorman conducted herself in the
discharge of her duties.
6. Defense counsel precluded counsel for Plaintiff from
further inquiry into Nurse poorman's conduct.
7. Specifically, counsel for Plaintiff was precluded from
asking whether Nurse Carey left the Leader Nursing Home out of
concern that Nurse poorman's conduct in the discharge of her
duties was placing the residents of the Leader Nursing Home at
risk.
~ .
B. This question, and others relating to the discharge of
Nurse poorman's duties, are central to plaintiff's case.
plaintiff's case hinges upon the lack of attentiveness and
professionalism with which the Decedent was treated. plaintiff
plans to establish that Decedent was allowed to languish, often
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in his urine, when Leader Nursing Ilome knew that he was prone to
skin breakdown resulting in the formation of a Stage IV decubitus
ulcer.
9. The conduct of the Director of Nursing is relevant and
admissible at trial, and is certainly discoverable.
10. Furthermore, defense counsel stipulated to reserve all
objections, save those to the form of a question, until time of
trial.
11. For the foregoing reasons, Plaintiff respectfully
requests that defense counsel be ordered to produce Nurse Carey
for a full inquiry into the matters set forth herein, and that
Defendant pay reasonable attorney fees to counsel for Plaintiff
in connection therewith.
12. Pertinent portions of the transcript of the deposition
of Terri Carey, LPN, will be provided separately.
Datel
S111/f!
No. 47243
REYNOLDS , HAVAS
A Professional Corporation
101 pine Street
Post Office Box 932
Harrisburg, pennsylvania 1710B-0932
(717) 236 - 3200
Attorney for Plaintiff
G. KIP BOLLINGER, ADMINISTRATOR or
THB ESTATE OF FRANK HAIR, DECEASED
.3.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
foregoing was served upon counsel of record on May 29, 1998, by
United States First Class Mail, postage prepaid, addressed as
follows I
.. ....
Thomas J. Williams, Esquire
Martson, Deardorff, Williams' Otto
10 East High Street
Carlisle, PA 17013
(Attorney for DEFENDANTS)
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REYNOLDS , HAVAS
A Professional Corporation
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JURY TRIAL DEMANDED
"Hllli ""tAlIlt- rll\l'lllu'Y'.AMi ~ lJt
l'ltlled 11l141ft!1~utur'"
Mnl",l IIn II ~.II4J 1,,"\1
G. KIP BOLLlNGEI~, Adminlslrutnr ufthe :
Estllte uf Frnnk lilliI'. DecclIscd
Plnintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v.
CIVIL ACTION. LA W
NO. 1)6.4942 CIVIL TERM
MANOR HEALTH CARE
CORPORATION AND LEADER
NURSING AND REHABILITATION
CENTER,
DEFENDANT'S ANSWElt TO PLAINTJI1I1'S MOTION
TO COMPEL \)\SCOVERY
AND NOW, comes Delcndllnts, by lInd through their nttomeys, MARTSON, DEARDORFF,
WILLIAMS & 011'0, nnd nnswers Plnintin's Mutionto Compel Discovery as lallows:
CA VEA T: THE TRANSCRIPT UPON WIIICH TIllS MOTION IS BASED HAS NOT YET
BEEN PREPARED AND SO TIlE FOLLOWING REPRESENTS mE
RECOLLECTION OF COUNSEL.
I. Admlttcd,
2. Denied as stllted. It Is ndmitted thnt thc witncss testified that Deborah Poonnan, R.N.
wns the Director of Nursing nt Leader Nursing Home during the Decedent's stllY.
3. Denied as stated. Although the witness testified tllllt she len the Lcader Nursing
Home becausc of disagrccmcnts with the Dlrcctor of Nursing, she was askcd and tcstificd about
cvcry specific Instancc of disagrecmcnt shc could recnll. Shc wns mainly conccmcd that the Dircctor
of Nursing tcndcd to blumc uthcrs till' hcr ownmistllkcs.
4. Denied ns stnted. Wltncss tcstil1cd thai shc Iclttltutthc dinlysis l1uid should not havc
becn pine cd inn rcl'rigcrntur bccllusc ol'thc dllngcr of cuntnminllllon, but t1llltthc Directnr ol'Nursinll
insistcd this bc dunc, thcn, tnlhc bclicl'ufthls witncss, did notllccept thc blllmc fill' It whcn it Icakcd.
5. Dcnlcd ns stlltcd. Thc prcccding parnllrnphs nrc Incorporatcd hcreln by rclcrcncc
thcretu.
6. Dcnlcd. l'lninlltrs cuunsclnskcd, und lhc witncss nnswcrcd. nbuut cvcry Instllncc
shc could rccnll which Icd to thc witncss's dcsire not 10 work undcr thc supcrvlslunol' Dcl1l1rnh
Poornmn, R,N., the then Director of Nursing lit Detendllnt's ClIrlisle lacility. Onlldvice ofcounsc1,
witness retused to lInswer questions concerning her OPINION of the perlhnnance of her duties as
Director of Nursing by Deborah Poonnan, R.N. This was based on the Ihllowing:
(a) Witness was a clinical care nurse and did not teel qualified to give an opinion
as to the job perfonnllnce of the Director of Nursing;
(b) Witness WllS an L.P.N. and did not teel qualified to give lIn opinion as to the
stllndard of care of an R.N.; lInd
(c) Witness cannot be compelled to give her opinion in any event.
7. Denied thr the reasons set thrth in Paragraph (j lIhove.
8. Denied. PllIintilfneeds to Iheus on the care provided to Decedent. What one nurse's
opinion is of another nurse is irrelevant to this, particularly where the nurse (witness) who refused
to stllte her opinion of another nurse answered every lactual question.
9. Denied as stated. The conduct of the Director of Nursing mayor may not be relevant
and admissible at tria\. The conduct of the Director of Nursing may be discovcrable to the extent
it Is material to the treatment Decedent received during his stay at Defendant's facility. PlaintlIT's
counsel has been afforded exceptional latitude In the questioning of witnesses about specific factual
events. Discovery of opinions of one nurse about another lire certlllnly not discoverable.
10. Denied as stated. Counsel agreed that all objections, except as to the fonn of the
question, arc preserved and may be made lit tria\. This is in conlhmllty with the Rules ofl'rocedure.
There was never lIny agreement tlUlt a witness could be compelled to answer clearly improper
questions.
11, Denied Ihr the foregoing rellsons which lire incorporated herein by relerence thereto,
12. No lInswer required.
WHEREFORE, Delendant prays Your Ilonorable Court to deny I'llIlntlfi's Motion to
Compe\.
DlIte: Juno 1/ ,1998
MAIrt'SON. DEARDORFF, WILLIAMS & OTTO
Ily 'f~ 9 /,AIJt.~
ThOl11l1S J. WIIlC'ams, Esquire
Ten ElIst lIigh Street
ClIrllsle, I' A 17013-31193
(717) 243-3341
Attorneys Ihr Delendllnt
VERIFICATION
Thomas J. Williams, Esquire. of the linn of MARTSON DEARDORFF,
WILLIAMS & OTTO, allorneys for Defcndant in the within action, certines that the statements
made in the foregoing Answer are true and CllITecttllthe best of his knowledge, infonnatilln and
belief. lie understands that false statements herein are made subjCCI to the penalties of III Pa. C.S.
Section 4904 relating to unsworn falsillcatlllnlo authorities.
W~
iams, Esquire
CI:RTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorizcd agcnl filr Martson. Dcardorn: Williams & Olio, hcreby
certify Ihal a copy oflhe forcgoing Defendant's Answer 10 Plainlifl's Molionlo Compel Discovery
was served Ihis dalc by depositing samc inlhc ('osl Otlicc al Carlislc, PA, lirst class mail, poslage
prcpaid, addresscd as follows:
Rolf E. Krull, Esquirc
REYNOLDS & IIA VAS
\0 IPinc Slrcct
1'. O. Box 932
lIarrisburg,('A 1710K.0932
MARTSON, DEARDORFF, WILLIAMS & OlTO
.;j1/i1 lJ fUllttvul
Crrlc a D, Eckcnroad ,7
-1'cll Easllligh Slrecl
Carllslc, I' A 17013
(717) 243.3341
Dated: June -J1-. 199"
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G. KIP BOLLINGER. Administrator oCthe :
Estate of Frank Hair. Deceased
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION. LAW
NO. 96-4942 CIVIL TERM
MANOR HEALTH CARE
CORPORA nON AND LEADER
NURSING AND REHABILITATION
CENTER.
JURY TRIAL DEMANDED
Dcfcndants
ORUER
AND NOW. this ~ ftuay of .:r \tJ) L . 1998, a Rule is hercby Issued on Plaintiff
to show causc, if any there be, why the relief prayed lor in Defendant's foregoing Motion for
Protective Order should not be granted.
Argument on both Plaintifl's Motion to Compel and Defendant's Motion for Protective Order
shall bc heard In Courtroom --1-, Cumberland County Courthouse. on /1a day of
~,;..u.:t: 1998 at 9:"tP ~'1l1 .
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G. KIP BOLLINGER. Administrator of the :
Estote of Fronk Hoir. Deeeosed
Plalntitl.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 96-4942 CIVIL TERM
MANOR ilEAL TII CARE
CORPORATION AND LEADER
NURSING AND REHABILITATION
CENTER.
JURY TRIAL DEMANDED
Defendants
DEFENDANT'S MOTION 110R PllOTECTIVE ORDER
AND NOW. comes Defendants, by and through their allorneys, MARTSON, DEARDORFF,
WILLIAMS & OlTO, and moves the Court for Protective Order with regard to potential discovery
In accordance with Pa. R.C.p. 4012, Ihr the following reosons:
I. At recent depositions of Defendant's present and fonner employees on May 27- 28,
1998, certain witnesses were osked concerning criticism that they hod ofthc Director of Nursing ot
Defcndont's facility ot that time.
2. Additional depositions are schcdulcd for July 2\ and 22, 1998.
3. It Is anticipated that I'lalntll1's counsel may persist In qucstlonlng thcsc wltncsses
conccrnlng any professional criticism thcy may have had concerning thc Director of Nursing at
Dcfendant's facility during the time of Deccdcnt's stay.
4. It is unfair and burdensomc on the wltncsscs to be required to answer these questions,
which have no relevancc, nor could concclvably Icud to relevant infonnatlon, conceming the care
provided to the Dccedcnt during his stuy ut Dcfcndant's Curllslc Iilcllity.
5. Requiring witnesscs to unswcr qucstlons concemlng thclr recollcctlon of any
professional conduct they criticized on the part of the Director of Nursing during their employment
by Defendunt Is oppressive, hurdensomc ul1llnot culculoted to lead to thc dlscovcry of relevant
Intbnnution.
6. 1'lulntllThus t1Icd u Motion to Compcl with regard to the wltncsscs stating un opinion
regarding the profcsslonallsl11ofDclclldullt's Dlrcctor of Nursing, u copy of which Is ullllched herctn
as Exhibit "A," and Dcfcndants havc tilcd an Answcr, a copy of which is allnchcd hcreto as Exhibit
UB."
WHEREFORE, Dcfcndant prays Your lIonorablc Court to issllc a Protcctivc Ordcr
precluding PlaintilHrom subpocnaing Dcfcndant's clllployccs and prior cmployccs to dcposition
tcstimony whcrcin thcy arc qucstioncd undcr oath as to any criticism thcy havc had regarding
Defendant's Director of Nursing that is not related to thc core provided to Dcccdcnt.
Rcspectfully submillcd,
Date: June.1l-1 1998
MARTSON, DEARDORFF, WILLIAMS & OliO
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Tholllas J. Willi!f61s. Esquirc
Tell East High Strect
Carli sic, PA 17013.3093
(717) 243.3341
Attorneys for Defendant
exhibit A
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ROLF E. KROLL. ESQUIRE
PA Allorn.y 1.0. No. 47243
REYNOLDS & HAVAS
A Prof"'ionll Corporation
101 Pine Stru.
Po.. Ollloe Bo. 832
Hel/I,burg. Penn,ylvenle 1710S,0932
17171 238.3200
ATTORNEY FOR PLAINTIFF
G. KIP BOLLINGER, Administrator I
of the Estate of Frank Hair,
Deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
vs.
NO. 96-4942 CIVIL
PLAINTIFF'S MOTION TO COMPEL DISCOVERY
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Plaintiff G. Kip Bollinger, Administrator of
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MANOR HEALTH CARE CORPORATION
and LEADER NURSING AND
REHABILITATION CENTER,
Defendants
JURY TRIAL DEMANDED
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AND NOW, comes
the Estate of Frank Hair, Deceased (fI Plaintiff fI), by and through
his counsel, Reynolds & Havas, a professional corporation, and
moves to compel discovery of Defendant Manor Health Corporation
and Leader Nursing and Rehabilitation Center, and avers the
following in support thereof.
1. On May 28, 1998, Plaintiff took the deposition of Terri
Carey, LPN ("Nurse Careyfl), a licensed practical nurse employed
by the Leader Nursing Home during Frank Hair's (flDecedentfl) final
days there,
2. Over initial objection of defense counsel, Nurse Carey
testified that Deborah Poorman, R.N., was the Director of Nursing
at Leader Nursing Home during the Decedent's stay.
3. Nurse Carey testified that she left the Leader Nursing
Ilome because she had disagreements with Nurse Poorman. Although
some of her disagreements with Nurse Poorman were of a personal
~XllrnrT "A"
nature, other disagreements were over Nurse poorman's
professional conduct at Leader Nursing Home.
4. Nurse Carey related an incident where, against nursing
home regulations, Nurse poorman ordered Nurse carey to place
samples of dialysis fluid in the Nourishment Room refrigerator.
The dialysis fluid leaked over food in the refrigerator, causing
an unsanitary condition. After the fluid leaked over food in the
refrigerator, Nurse poorman lied about her involvement in the
incident. This raises obvious concerns about Nurse poorman's
credibility.
s. Nurse Carey also testified that she had concerns over
the matter in which Nurse poorman conducted herself in the
discharge of her duties.
6. Defense counsel precluded counsel for plaintiff from
further inquiry into Nurse poorman's conduct.
7. Specifically, counsel for plaintiff was precluded from
asking whether Nurse Carey left the Leader Nursing Home out of
concern that Nurse poorman's conduct in the discharge of her
duties was placing the residents of the Leader Nursing Home at
risk.
8. This question, and others relating to the discharge of
Nurse poorman's duties, are central to Plaintiff's case.
plaintiff's case hinges upon the lack of attentivenesS and
professionalism with which the Decedent was treated. plaintiff
plans to establish that Decedent waS allowed to languish, often
.2-
in his urine, when Leader Nursing Ilome knew that he was prone to
skin breakdown resulting in the formation of a Stage IV decubitus
ulcer.
9. The conduct of the Director of Nursing is relevant and
admissible at trial, and is certainly discoverable.
10. Furthermore, defense counsel stipulated to reserve all
objections, save those to the form of a question, until time of
trial.
11. For the foregoing reasons, Plaintiff respectfully
requests that defense counsel be ordered to produce Nurse Carey
for a full inquiry into the matters set forth herein, and that
Defendant pay reasonable attorney fees to counsel for Plaintiff
in connection therewith.
12. Pertinent portions of the transcript of the deposition
of Terri Carey, LPN, will be provided separately.
Datel
s-(11/f!
No. 47243
REYNOLDS & HAVAS
A professional corporation
101 Pine Street
Post Office Box 932
Harrisburg, Pennsylvania 1710B.0932
(717) 236-3200
Attorney for plaintiff
G. lIP BOLLINGER, ADMINISTRATOR OF
THE ESTATE OF FRANI HAIR, DECEASED
- 3.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
foregoing was served upon counsel of record on May 29, 1998, by
United States First Class Mail, postage prepaid, addressed as
follows I
Thomas J. Williams, Esquire
Martson, Deardorff, Williams' Otto
10 East High Street
Carlisle, PA 17013
(Attorney for DEFENDANTS)
,
~~-< ~
a anne Bottjlle
,
REYNOLDS , HAVAS
A prOfessional Corporation
(2943)
Exhlbll B
.
, ~ILU"AlAIIlI"II"" 1lOI''',ANII....
C.....: IWI......fM0' II.M
a..-., CIlJIII" II 4J It AM
G. Kill BOLLINGER, Administrator of Ihe
Eslale of Frank Hair, Deceased
PlainlllT
IN TIlE COURT OF COMMON IILEAS OIl
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION. LAW
NO. 96-4942 CIVIL TERM
MANOR IlEALTII CARE
CORPORATION AND LEADER
NURSING AND RElIABlLlTATION
CENTER,
JURY TRIAL DEMANDED
Defendanls
PEFENDANT'S ANSWEIl1'O PLAIN1'1I1(1'S MOTION
1'0 COMPEL D1SCOVEIlY
AND NOW, comes Defendants, by and Ihrough their nUorneys, MARTSON, DEARDORFF,
WILLIAMS & 011'0, and answers Plainliff's Molionlo Compel Discovery as follows:
CAVEAT: THE TRANSCRIPT UPON WHICH TillS MOTION IS BASED HAS NOT YET
BEEN PREPARED AND SO TIU! FOLLOWING REPRESENTS TIIB
RECOLLECTION OF COUNSEL.
I. Admitted,
2. Denied as staled. Ills admitled thallhe witnessleslified thai Delxorah Poonnan, R.N.
waslhe Dlreclor of Nursing at Leader Nursing 1I0me during the Decedent's stay.
J. Denied as stated. Although the witness tesllfied Ihat she len Ihe Leader Nursing
1I0me because of dlsagreemenls with Ihe Dlreclor of Nursing, she was lIsked and teslified about
evei)' specil1c Instance of dlsagreemenlshe could recall. She was mainly concerned that the Director
of Nursing tended to blame olhers for her own mistakes.
4. Denied as staled. Wilnesslestified that she felt thallhe dialysis tluld should not have
been placed In a refrigerator because oflhe danger of coni aminal lon, but that the Director of Nursing
Insisted this be done, Ihen, In the belief of this witness, did nol accept Ihe blame Ilu II when It lcaked.
~, Denied as slaled. 111e preceding paragraphs lire Incorporaled herein by reference
Ihereto.
6. Denied. l'lalntift's counselllsked, and the wilness answered, ahllut cvcry Instance
she clluld recall which led to the wltncss's desire nolto work under the sUJlcrvlslon of Deborah
EXllInI'I' "n"
,
I
Poonnan, R.N"tho then IJlrcctor of Nursing at Defendant's Carlisle facility. On advice ol'counsel,
witness refused to answer questions concerning her OPINION of the perfonnancc ol'her dUlios os
Director of Nursing by lJebornh I'oornlan, R.N. 11I1s was based on Ihe following:
(0) Witness was 0 clinical core nurse and did not feel qualified to give on opinion
os to the job perl'onnance of the Director of Nursing;
(b) Witness was un L.P.N. and did not feel qualified 10 give on opinion os to the
stundard of care of on R.N.; und
(c) Witness cannot be compelled to give her opinion in any event.
7. Denied for the reasons set forth in I'aragraph 6 above.
8. Denied. Pluintiff needs to focus on the care provided to IJccedent. What one nurse's
opinion is of another nurse Is irrclevantto this, particularly where tho nurse (witness) who refused
10 slate her opinion of another nurse answered every factual question,
9, Denied 8S stated. 111e conduct of the lJircctor of Nursing mayor may not be relevant
and admissible at trial. The conduct oflhe Director of Nursing may be discoverable to the extent
it Is material to the trcatmcnt Decedent received during his stay at Defendant's facility. PlaintllT's
counsel has been afforded exceptional latitude in the questioning of witnesses about specific factual
events. Discovery of opinions of one nurse about another ore certainly not diseovernble.
10. Denied os stated. Counsel agreed that all objections, except as to the fonn of tho
question, are preserved and may bo mado at trial. 11I1s is in conlbnnity wilh tho Rules of Procedure.
There was never any agreement that a witness could be compelled 10 answer clearly improper
questions.
II. Dcnied for the foregoing reasons which ore Incorporated herein by referenco thereto.
12. No answer required.
WHEREFORE. Defendanl prays Your Honorable Court 10 deny Plaintiff's Motion to
Compel.
lJato: June _1L_, 1998
MAR~' N, DEARIJOllFF, WILLIAMS & 011'0
r '111
ny t...nM" t'J.:~A"'1 -
Thomas J. Wi ams, Esquire
Ten Eastlllgh Street
Carlisle, PA 17013-3093
(717) 243-3341
Allorneys for lJefendant
YERIFICA liON
Thomas J. Wl11iams, Esquire, of the finn of MARTSON DEARDORFF,
WILLIAMS & OTIO, attomeys for Defendant In the wilhin action, certifies that the statements
made In Ihe foregoing Answer arc true and correct to the best of his knowledge, infonnation and
belief. He understands that false statements hcrcin arc made subject to the pcnalties of 18 Pa. C.S.
Section 4904 relating to unswom falsification to 1jhorltlcs. ,
tf~/1.t.., W~
CERTIFICATE OF SERVICE
I, Trlcla D. Eckenroad, an authorized agcnt for Mattson, Deardorff, Williams & 0110, hereby
certifY that a copy ofthe foregoing Dcfendant's Answcr to Plaintltrs Motion 10 Compel Discovery
was served this date by depositing SRme in Ihe Post Office at Carlislc, PA, firsl class mail, postage
prepaid, addresscd as follows:
Rolf E. Kroll, Esquire
REYNOLDS & IIA VAS
to 1 Pine Street
I). O. Box 932
Harrisburg, PA 17108.0932
MARTSON, DEARDORFF, WILLIAMS & OliO
y
Tr caD. Eckenroad
en Eastlllgh Street
Carll sIc, PA 17013
(717) 243.3341
Dated: Juno -J1-. 199ft
CERTIFICATE OF SERVICE
I, Trida D, Eckcnrtlad, unuuthnriwlugclltll1r Murtsnn, J>caronrn: Williums & 0110, hereby
certify that a copy of the forcgoing Dcfcndant's Mntinn ti.lr Protective Order was scrved this dnte
by depositing snme in the Pnst Olliee at Cnrlisle, PA, first c1uss mall. postagc prcpaid, addressed as
thllnws:
Rolf E. Kroll, Esquire
RUYNOLDS & IIA V AS
\ () I I'inc Strcct
P. O. nox 932
Ilarrlsburll.11A 17\IlK.0932
MARTSON, DEARDORFF, WILLIAMS & OTTO
1lv11 .) (~ e
,/ y ,/~/(<- I_I ( t j j);ilt
\ Tricla D, Eekenrond ,
"- "Ten Ensl High Strcct '
Carllsle,I'A 17013
(717) 243.3341
Dated: JUlle.ll-. 1\l98