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Home My WebLink About96-05073 ,: ~, ~ :* :\J ."~ ~ I: k-t' ::2 ' ;_0'.:>' ~~~" ,,,",, ' @f;:d V~ ~ ~/' 0-' '>if i , J ,/ ",.: ~, , \ ~, 'f' .,-,.' JAMES EARL TELFER, SR.. and his wife. MARY R. TELFER. Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA : NO. 1996-5073-Civil v. SANDRA MARTELLO. Defendant : CIVIL ACTION - LAW : JURY TRIAL DEMANDED MOTION IN LIMINE OF DEFENDANT. SANDRA MARTELLO. TO PROHIBIT PLAINTIFF FROM INTRODUCING EVIDENCE OF MEDICAL BILLS AND ECONOMIC LOSS PURSUANT TO 7S Pa. C.s.A. 61721 AND NOW COMES the Defendant. Sandra Martello. by and through her attorneys. Caldwell & Kearns. and files the within Motion In Limine to preclude admission of evidence described more fully below. and in support thereof. avers the following: I. The facts giving rise to the instant cause of action stem from an automobile accident on or about November 31.1995. in which the Plaintiff. James Earl Telfer. Sr. was involved. ~ Plaintirrs Complaint. 2. Plaintiff is seeking to recover medical bills and economic losses which total at most SI91.779.75. 3. Plaintiff maintained first party insurance as required under the Pennsylvania Motor Vehicle Financial Responsibility Law C"MVFRL"). 7S Pa,C,S,A. * 1701. Cl...KQ, Plaintirrs insurance policy. underwritten by Nation\\'ide Insurance Comp.my (~Nation\\'idc"). provided coveraae for medical expenses and loa or income suffered as a result of a motor ,'Chicle acrident. S<< 75 h(",S.A. t 1122. 4. Plaintiffs first-party benefit policy limits were $277,500.00. ~ Exhibit"A".Contract for Policy of Insurance between Nationwide Insurance Company and James E. Telfer. 5. Plaintiff has provided expert testimony to support his allegations that he incurred nearly $200,000 of medical expenses and economic loss expenses as a direct and proximate result ofthe motor vehicle accident, ~" "Exhibit "B". Expert Report of James D. Rodgers, Ph.D. 6. Plaintiff elected to settle his claim with Nationwide for a sum believed to be $25.000.00. ~ Exhibit "C", Plaintiffs Response to Defendant's First Set of Interrogatories. 7. Defendant Martello believes and avers that. at the time of trial, Plaintiffwill attempt to offer evidence demonstrating medical expenses and economic loss allegedly suffered as a direct and proximate result of the motor vehicle accident. 8. Section 1722 of the MVFRL prohibits an injured party from offering evidence of medical bills or economie losses that are "paid or payable" under the first-party benefits of Plaintiffs automobile insurance policy. 9. The aggregate sums of Plaintiffs medical bills and alleged economic loss expenses total a sum less than the first-patty benefit limits payable under Plaintiffs insurance policy. 10. Plaintiffs medial bills and alleged economic loss expenses are benefits that are "payable" under the MVFRl. and are therefore not recoverable from Defendant. WHEREFORE.. Defendant. Sandra Martello, respectfully ~ests this Honorable Court prohibit PWntiffftom introducinanidence of medical bil150rallegcd economic losses to tbeatent 2 ..... ,. G) fi'rs t party benefits (conllnued) . cl a minor in Ihe legal cuslody of Ihe I'olic)'holder or such relalive, A relaliv. may live lemporarily outside the household. 2. "MOTOR VEHICLE" means any vehicle which is self'propelled, except one which is propelled: a) solely by human power; b) by electric power obtained from overhead trolley wires; or c) upon rails. 3. "NECESSARY MEDICAL TREATMENT AND REHABILITATIVE SERVICES" means Irealmenl. Bccommodations, products or services which are determined to be necessary by a licensed heallh care provider unless they shall have been found or determined to be unnecessary by a Slate-approved Peer Review Organization (PRO). 4. "CATASTROPHIC LOSS TRUST FUND" means the fund eslablished by lhe Pennsylvania MOlor Vehicle Financial Responsibility Law in 1984 and repealed in 1988. INSUREDS The polic)'bolder and R!anvn are covered while occupying or injured by any mol or vehicle. Persons olher than lh, e polkI!JJllde~. 'nd, rdativcs arc 'covettd; \ .i', \1 (1 p~~pij,&)Pu');~uh.~~~\ ~ :r'~.f .~; .~; J 4 I' , ~.... II! ., 't" .... I . ,~ ! ~. i'Slnon upants. OJ ~ .o,~.eIaiClelif in1;,1lred ~ lhe. r of accident in Pennsylvania -~I' FniOlY. \ T~,: aitji~;: ~, 'I' \ ~ t.: L J \ t V 9PTl6NsY j j 1 ~ ~.. "':f .... - ! om ON I-MEDICAL BENEFIT We will pay all reasonable expenses for wceuary medicallre'lIMnl and Pthabililalive ltfYices. We will pay such expenses ufllO lhe Iimll shown on the Oedarations. Applicable Medical Benef.llimill greater than $100.000 shall be excess over any sums paid or payable by the CalaSll'Oflhk Loss Trusl Fund. We will nOl pay any medical benef.t expenses dncribed which are paid or payable by the CaWtrOflIlk Lou Trull Fund, The.r. is DO time limitation for this bencftl. provided that. within II months ,ft.r,the d,te of lhc acci<km. it u cktermined with relSOll,blc mcdicaI probability lb,t further expenses may be lacuna:! u a result of lhe injury, omON 2-INCOME LOSS BENDlT If thilOllCloa is sdeclcd by paymenl of pmlllum. we will pay for loss of i_ from ....ork tile ~ was lInable 10 do bccalllC at ~ ilIjllrJ. We wiD not pay llndcf lhis benefit unlll five _kina cbyt ha... bcclllost. W. will not pay rOf these five cbyt of lost incotM, "LOSS or INCOME" means: xt) 10 pm:cm of llC1UIloss of I10Q Uh.'OIIIC. Gross ._ u i_ naived from ....ork performfll ",Iiile a.lmIaDy employed in Call1tlll activity. h) ~ble expenses ac.11l&lly lIlaIrml far hU\lI' , wbsIlt\lle to pcrf_ sdf~nl _ III OflktlO rtdlot't ...... 01 CfOU ino.-nmc Of tOf hll'Ulc spcQallIelp wlllell pcrmlts a ~ <<l ""wk ud reduce Iou of ar- lllalaM. We will pay \UdI ~f\t1l1f\ 10 the limll !dIoWll Oft tile O,d,nflolll tlo_. tile tOlalliarit or tlu.l IotMfd IS ",!tift'! '<1 the _hi, III&Ximum "'-" OIl tile Ocdaratklu ,"'_ k,,, borMfih ,t., "'" imnlA~ alttr a l'ft"'" .t.f'I "\ ii,sl panr " benefits Iconlmuedl 01'1111' .\-o\CClIII),"AI. 1l1.A"11I1l1',UTI 111111\ 01'110111\ ..dl'l'Il'l1 h~ pJ)"ml'lll 01 pr::lllHHlI. \'" \\.11 P~I\ ~Il;. '\i.:l"idl.'lllai lk;t11i Iklldll 101 11U' '1UIir~hCJldl'r or.1 relali,,(' "'ho !l>uffcf\ ijccu.lentallmdil, injur~ rau!lolnr dr31h from a CO\,('I cd .ec,Llenl. Wr will pay the AcciLlcnlal Dcath !lendll hl1ll1 ~hown on lhe Deelarallom. We \\,,11 increase this Jimi. SIO,OOO for an insund using an approved mOlor .ehicle seal bell or child restrainl syslem at the time of thc accident. Death must occur within two years of. and as a direCl result or. the accidenl. Payment will be made to lhc CXCCUIOI or administralor of Ihe estale. OPTION 4-FUNERAL BENEFIT Ir Ihis option is seleCled by payment or premium. we will pay reasonable expenses directly relalcd 10 lhe funeral. burial, cremation. or olher form of disposition or the remains or a deceased insured, These expenses must be lhe direcl resull of death rrom a covered accident within two years of the date of the accident. Paymenl will be made to any person presenting bills for qualified expenm incurred. We will pay such expenses up to the limil shown on the Declarations, ~rTION S-COMBINED LOSS BENEFITS ~l option is seltC1ed by paymenl of premium. "'e will pay the benerlll described III Options ~}. Y'alld 4.above. However. lotal benef".s payable under thIS option are hmlled 10: ( ~f /~fi~re~ale Jimil shown on Ihe Declaralions for this of1lion; or \;;:- " ~.lbree l'JIQ from lhe date of the acc,dent; , F"'IiO: f ; ,,'hlc~er ~ (inl. "1,,,..17.. Option !l.lS"SuD,ec(.to t'1~follo~in~ condlllons: ai bC.p; J'~~~~ rmin. a. loon at funhn expenscs 10 be paId under Ihe Medical limefil': ~ ';.(~l\l; Ji 7n" proviSIon don nol apply. _ bl There is no~tldY u.m;u~ for Incom. Lo~\ Senerlts. (I The m~lUmu~~Deart~etlt rayabl. is S~5,OOO. .. dl Th. maXImum Fu'".M' Ikntfu pa:atik1 $' JOO " ::-~~:...." ""''' '~CM';;::'" ,- ~." ."., "'" of", OPTION 6-EXCESS MEDICAL BENEFITS / '/ If this option is selected by paymau ot premim. ..., win pay Excas Medial Beneflu tor ~n IasumI who surfers accidental Will Illj." trom ~ covered accident. Exct:SS Medical Benefits .rc allreasollabl. txpenses tor --n BIftKaIt,ntmeal aad rtIIalollltalin Knlus. We will pay IlIth expenses in etctSS ot SIOO.OOO bul llOl to Cltceed one miltioll dol\an. We .,11 DOl pay Exetss MedicallleMflls 10 an IllSlIrcd who is not eJi&iblt tor Option I-Medical Benefits under this policy. Ow liability tel OM penon In OM arodtnt IS SSO.OOO pet )'Uf, Subject 10 this luni! tor any on. per5M m any OM ~ar. _ ~ate limit !OI anyone rcnon .. one cnilliol\ dol\an tor any - 'CCtdml DwlnltM flf1l II mom'" of dtr-.bihly. .., sI\aI1 awr- pay"u.ftll 1m an iaSlInd wlllionut 'flltoS la 1M S5O.OOO pet year II_ Ft.. JlUrpo,un of thIS l'I'l-. 1M flf1l Jlll\()l\ths of _broItty ~ ..lItn IIw ~ I\lIS in<-umd S 100.00) of d\lIblP "'14'" ...... l~l u4 ~"f ~ f...-.n Iftht--"'l\ CI"'flN ~y t-.- J-('_blnrd l..ou lWn.fm rad....IO! ulI"lIar lUtO Mff,!! 1*"'" ....... llli>!hn lIU1ilftl.~'" MN.callkn-tf" lImll' rrut" IlIan 1100.000 in such "",'h" \hall ht ucts\ l\Vfl all' ._. pard <If .....bIt u.ndn h,fi' Mr..ilcal lknffil\ II I ..-J " '. FRAME: Ii 03 WlIIHATlONWlDE U ~~~c~ CENTURY 11 AUTO POLICY DECLARATIONS PIQt ,ol 2 The.. Dedlt.llon. .,. . poIn dIM pclk:y named aboY. and kf"dled by pdq number below. They lupet'lecSl any O<<:l".lIonl luUld ..rllI' Your poIk:y proYld.. IhI COYtr.~. Ind lima. IhOwn In 'hi oCMchJI ol coYO<lQto. Thoy IOoly 10 lOch Inour"" .Ihlcll .. Indlcot"" Your polICy complloo wlh lho motOtIt". t~.nclall..pontlblly I,WI of your 1.,1, only fo, .,.nk:t.. lOt wI1lch Property Dimeo- and 80ell., I",ury L1lbUy .....<lg.. "'" orovkl"" Policy Hul"bor. 51 37 A 511532 '"Ued: SEP 'I. '991 Pollcyholdlt: (Him"" Ino,,",,1 J EARL TEL FER STAR R:)JTE WIFFlIH, PI. 17051.900 . Pol.:, Potlo<l from: OCT 10, un 10 IoJ'R 10. 199. but ony . IhO roqulr"" o",mturn lot lhlo perIOd 11I0 botn pelcl. ond "" .... mort:h reMWal petted. . rtMWII pr.mlumt art petd II requtAd Each petkXI ~lnt Ind end, II 1201 AM standard tlm. .. 'N 10d'", Of 'he poncyftOld., . IHSURED VEHlClE(sI' SCHEDULE Of COVERACES 2. 1171 tHEY ClPllICl: CO'i"lJl'.g.. ~IVE ~ATY'D....oE llllllllTY llOOllY IH.rJAY lllllllll'l' U<INSUIIEllllJTOR'STS.IlOllIL' ,.,NAY UNOER'NSUREllllJTOR'~TS.BOOll'f ,.,NAY FIRST PARTY BENfF'TS OPTION s.(l()4l'HElllOSS BENEF'TS FUll 10111 10 II HI804J , laSH Um'" Ot 1I.bUtty ACT\JAl CASH VALUE ACT\JAl CASH VALUE lESS S SOO S 2S0, 000 E.oCH OCCUMEtCE S 2S0,OOO E.oCH PlRSON S SOO.OOO E.oCH ~~, 23S7 1 ~O,OOO ~ PERSON '00.000 ~, 23S1 S SO. 000 E.oCH ~~u."C S '00.000 E.oCH ...............-~ S 211,500 lO'Al Sit YonU, Pnl'ftIUJft S , '0 I 11 00 2S '0 S - " 20 S 12 '0 . S 26 10 S 4S '0 S In .0 S- ,... oon CA/'tlICl: 10 'IOI...IHZGYI....l ''''..._~ C.lI"tt.... It'''''' Ot U.b8ftJ ......- ~IVE ~TUOl ~ VALUE S 1110 ~' A TUO. YOl 1 27 'X In'Y D....oE 1I11l1l' T"t S no.ooo r.g: US llOOllY 'HJl.RI'lIl1l'lIT"t I no,ooo 500.000 , SO 20 u,,~ 101t1l1IU$.llOO'LY .NJl.RI' UU t SO.OOO t8l S 12 10. IHlEAINSUlEllIOTOA'$TS.llOOll'f INJl.RI' '00,004 us. t $0.000 t8: I X '0 fI~l Po.A~NE"lS 100.000 OP 'ta ,. INED lOSS HHEfllS S 217.500 I ., .0 'uu 01\ lOt.. I to' to ."(t--~\. FRAl\'E: I 03 -~.,~ 7 , ^ 1~Ip.A'fl'n" ff A'ITll J-~illl('V nrr.lAnA.fl(1t..(:. l ~ ~,,~ ..... . " , " . . JAMES D, RODGERS, PH,D. ECONOMIC ApPRAISALS a FORENS'C ECONOMICS 347 KOEBNER CIRCLE STATE COLLEGE, PENNSYLVANIA 16601.2516 B 141237.9322 FACS''''LE B 14/23B.0323 January 8,1997 James p, Johnson, Esquire Glantz. JohnSon & Bolin Law Offices 1901 East College Avenue State College. PA 16801 Re: James E. Telfer, Sr, Deat Mr. Johnson: Herewith is my preliminary report appraising the economic damages sustained by James Telfer as a result of an accident on October 31, 1995. it is my opinion. to a reasonable degree of economic certainty, thai the losses sustained by Mr. Telfer are $2,192.73 for each hour of work per week that he has lost as a result of the accident of 10131195-~ including medical cosls or pain and suffering. The estimated maximum replacement value of the past and future work lime lost is no higher than $185,286. I. Sources Relied Uoon In preparing this report, I have relied upon my general knowledge and experience as an economisl, the publications referred 10 in the text and tables of this report. and the following sources of information about Mr. Telfer: 1, Leiter from James Telfer to James Rodgets dated 7129196 2. Answers to Checklist of Information Needed for Appraisal-Personallnjury/AduIt 3. Chart prepared by James E Telfer, Sr., 'My day before accident. and .My day after accidenr 4, Notes about employees on Telfer farm: James E. Telfer, Jr., Sterile Fiedler, Cecil Wise, Jotv1 Snyder, Preston Shellenberger and Nathan Jones S Letters from James P. Johnson to Nationwide Insurance dated 317/fli, 3121/fli, 415196, 4124J96, 615196, 6125196, 7/15J96, 7/17196. 812t/fli. ttv9t'96. 6, Letters from Nationwldtt insl.nnee to James P Johnson dtl1l<l2l28198, 3113196. 312&96,411196,4122196,4129196,5130196, 7/2J'916, 713/916, 113196, 819198. 9121/fli 7. Tax returns for the years 1991-95 ir\cIu$Mt TELFER APPRAISAL January 8, 1997 Page 2 JAMES 0, RODGERS 8. Form 943 for the years 1992.95 inclusive, 9. Letters from Thomas Malin, M,D., to James p, Johnson dated 3/18/96 and 12/17/96 10. Letter from Alan D. Roumm, M.D., 10 James P. Johnson, daled 5/29/96 11. Phone conversalions with James Telfer, Sr. and Mary Telfer, II. Backaround Information Imoortant Dates and Familv Information. Mr. Telfer is a white male born 10/19/37. He was injured in the accident to which Ihis appraisal relales on 10/31/95. Mr. Telfer resides with his wife. Mary R. Telfer, a white female born 10/4/31, on his farm located at HeR 67, Box 62. Mifflin, PA 17058. The Telfers were married on 9/12/59. They have two emancipaled children, Launa Michelle Telfer, born 1/28/61, and James Earl Telfer. Jr,. born 416164, Mr. Telfer's Vocational Historv and Farm Data. Mr. Telfer has been farming for 41 years, the last 36 years as a dairy farmer, Mr. Telfer has been unable to do most the dairy farm work since he broke his ankle in a December 1994 accident. He was recovering Trom that accident and its aftermath when lhe 10/31/95 accident occurred. Since the 10131/95 accident, Mr. Telfer primarily takes care of the management-related work. His doctors have informed him that he will never be able to do the daily activilies and work required in dairy farming. Mr. Telfer's wife and son have increased lhe farm work they perform in an effort partially to replace the work Mr. Telfer can no longer perform. The Telfer dairy farm has 60 milk cows (as of 7/29196) and 500 acres of land. Of the 60 milk cows, 48 are milking, and there are 75 replacement heifers, The 500 acres are used as follows: 100 acres are planted in alfalfa; 50 acres are planted in mixed grass; 115 acres are planted with corn; 30 acres are planted with wheat; 21 acres are planted wilh barley; 23 acres are planted with rye; and 25 acres are planted with soy beans, The remaining 136 acres are composed of pasture and woodlands. Milk production (measured In pounds of milk) per month has averaged 70,554 pounds over the 1992-96 period Annual gross farm income has fluctuated between $120,000 andÿ$ 142. 000 over the 1991-95 period. Based on information Mr. T elter obtained from a realtor, his farm is currently worth approximately $1,500,000. ,Education. Mr. Telfer graduated from Juniata Joint High School in Mifflintown, Pemsytvania in 1955 WIth 12 years of sd'looling completed. He has had no additional formal schoOling. health.PrIor 19 the 1 Of31195 Accldent Poor to the accident of 1001195, Mr, Telfer had been kicked by 8 cow on 12/26.'904 Vttlid\ broke his left ankle The ankle was TELFER APPRAISAL January 8, 1997 Page 3 JAMES D. RODGERS in a cast for six weeks. Following removal of the casl, Mr, Telfer's lower left leg developed blood clols which required hospitalization and IV Heparin for Ihree monlhs at home. Near the end of May 1995, Mr. Telfer developed back problems which were caused by compression fractures in the lumbar spine. His back problems were treated by having Mr. Telfer wear a back brace and observe work restriclions Ihat prohibited lifting, stooping, twisting and tractor driving. Aboul two weeks before the accident of 10131/95, Mr. Telfer's orthopedic surgeon suggested that he relum 10 light work, which he did. He fell good and was gradually adding work activities Ihat he felt comfortable doing. In connection wilh Mr. Telfer's pre-accident stalus, Dr. Malin states that: 'Mr. Telfer was originally seen by me on June 20,1995. He was referred from Dr. Michael Klein for evaluation of his back with a diagnosis of a compression deformity of Ihe L2 level of his lumbar spine which correlaled with his physical findings al that time. The patient was treated conservalively. He was placed in a brace and showed signs of improvement concurrenl with his treatment for the hypercoagulabilily problem for which Dr. Klein was trealing him.' (p. 1 of 3/1 BI96 letter) . The Accident and Subseauent Health. On 10131/95, Mr. Telfer was on his way to a physicians office in Camp Hill, PeMsylvania, for an examination and blood work, when the vehicle he was driving was hit head-on by another car. Mr, Telfer received new Ihoracic and lumbar spine compression fractures as a result of this accident. Al the presenllime, Mr. Telfer is having blood work done every two weeks to determine the dosage of Coumadin to take daily. Also, in February 1996, Mr. Telfer was confined to Hershey Medical Center due to osteoporosis for which he lakes Fosomax 10 mg. daily. Mr. Telfer also takes Xanax daily for anxiety. As noted above, Mr. Telfer's doctors have informed him that he will never be able to do the daily activities and work required in dairy farming. Dr. Malin notes (p. 2 of his letter of 3/18/96) that: 'WIth the degree of the patient's involvement, the diagnosis of osleoporosis and the increased number of compression fractures secondary to another injury, it Is my opinion based on a reasonable medical degree of cer1ainty that Mr. Telfer would not be able to perform his work as a dairy farmer. The patient would be Ilmlted to no lifting over 25-30 pounds and no repetitive bending, standing, stooping, twisting or climbing to a manner that would exert increased stress or force on hlS thoraoc lumbar spine. As It now slands. the patient WIll require bractng for the long lerm and monitoring and evaluation medlQllly by an endocrinoIog1s1 or physICIan to treat his osteoporoSis as he IS concurrently being tre.led for hts coagulation diffICUlty The automobile acodent added to his TELFER APPRAISAL January 8, 1997 Page 4 JAMES D. RODGERS disability, at which lime he was in a degree of recovery from his original compression fraclure of L2.. In his lelter of 12/17/96, Dr. Malin indicales that . After his automobile accident, the palient was disabled more than he was before his accident. He had incurred increased compression fractures of T9 and T10. Mr. Telfer would not have been completely recovered to a maximum extent even if he had not incurred the aulomobile accident on October 31, 1995, The probabilily exists that he may have recovered as of December 31, 1996 to return to his activities as a dairy farmer. As of December 31,1996, Mr. Telfer would not be able to resume his work week of 104 hours per week. The patient is restricted to working 40 hours per week al present. That level of work can only involve superviSOry and light labor activilies and lifting materials only up 10 15 to 20 pounds, He would nol be able to lift lhesa malerials with bending or stooping. He could only lift from waist to chest level. His abilily to perform 40 hours per week in a limited capacity as outlined above would go under conslanl medical review and evaluation to ensure thatlhe restrictions outlined above and the 40 hour work week did not jeopardize him medically and increase lhe chance of recurrence of his compression fractures. As long as the patient continues on the Coumadin, his chance for recurrent compression fractures does exist with the full activity involved in being a dairy farmer and working 104 hours per week..At present it is my opinion that the above restrictions are permanent.. Another of Mr. Telfer's physicians, Dr, Roumm, commenls as follows (in his lelter of 5/29196): .With specific reference to your question about the relationship of the automobile accident of October 1995 to the palient's current conditions,l would like 10 make the following comments. I feel that his underlying osteoporosis was probably contributed to by treatment with long term Heparin therapy for recurrent deep venous thrombosis. I feel that the palien!'s current disabling pain in the back and work. restrictions which were dictated by Or, Malin on his recent evaluation are related to the recently acquired compression fractures from the accident of 1995, Although the patienl has a previous medical problem of osteoporosis, he would not have sustained additional compreSSion fractures spontaneously unless there was the trauma of these injuries, thus, this acx:ident was a signifICant cause of his injuries and IS the current cause of his treatment and disability." At the present time, Mr. Telfer is partIally dIsabled from operating his dairy farm. He conducts managerial duties, makes telephone calls and runs light errands that do not involve violatlOg the restrictions imposed by Or. Malm TELFER APPRAISAL January 8, 1997 Page 5 JAMES D. RODGERS Mr, Telfer does not smoke or drink alcohol. He is 6 feet lall and weighs aboul 200 pounds. Family.Lonaevitv. Mr. Telfer's father died in 1969 althe age of 74. His mother is age 88 and still living. He has a brolher age 69 and still living and another brother who died althe age of 60 in 1989. He has a sister who 64 and still living. One of Mr, Telfer's grandmolhers and one of his grandfathers died in their 40s; one of Mr. Telfer's grandmothers and one of his grandfathers died in their 80s. About Mr, Telfer's Spouse. Mary R. Telfer graduated from McVeytown Oliver Joint High School, McVeytown, Pennsylvania, in 1950 having completed 12 years of schooling. At Ihe present time, she works on the dairy farm and as a housewife, She previously worked for four years in the permanent records department of a hospital and for six and one-half years as a medical secrelary/receptionist for an orthopedic surgeon. She is in good health and does not drink alcohol or smoke lobacco. Her two children are in good health. Relevanl dates and expectancies for Mr. and Mrs. Telfer are shown in Table 1. III, EslimatiDa the Economic Damaaes Mr. Telfer's economic damages are estimaled in this report as the cost of replacing the time that Mr. Telfer has lost in his capacity to perform work on his dairy farm as a result of the accidenl of October 31, 1995. The most salient question concerns what level of work activity Mr. Telfer would have been able eventually to resume, bul for the accident on October 31, 1995, While it seems clear, based on the medical opinions cited above, that alleast some of Mr. Telfer's loss of capacity to work on his farm is due to the 10131/95 accident, these opinions are not suffICiently exact to allow compulation of a specific loss amount. Therefore, this report makes illustrative computations of Mr. Telfer's loss and computes a "c:ommon-denominator" ftgUf'e indicaling lhe loss for each hour of lost work per week altributable to the 10131/95 accident. illustrative Comoutation with 50% of loss of Won< Hours Attributa~e to Jhe 10131195 Accident. An illustrative computation of Mr. Telfer's loss is made using two assumptions: (a) that Mr. Telfer's current level of disabllity is permanent and that he will never be able to work on his farm more than the currenllevel which averages about 20 hours per week. and (b) that. but for Ihe acodent on October 31, 1995, Mr. Telfer would have gradually improved in his ablhty to perform work on his farm, and that he would have become able by January 1997, to perform lhe amount of 8clivllies described in Column (1) of Par11 of Table 2 In other woo:ls, prior to the time Mr. Telfer broke his ankle 10 December 1994. htS 8clivity chart (attached 10 this report) indtcates that he was working about 104 hours per week on hts dalry farm He now works (again, TELFER APPRAISAL January 8, 1997 Page 6 JAMES D. RODGERS according 10 Ihe attached activity chart) aboul 20 hours per week on his farm. If Ihe assumption is made that about half of this loss of 84 hours per week would have been recovered, but for Ihe accidenl of 10/31/95, Ihen Mr. Telfer's loss of work hours attributable to this accidenl would be about 42 hours per week (to be exact, 42.25 hours per week using the precise figures in Part I of Table 2 of this report). Part II of Table 2 compules Ihe hourly rale Ihat would have to be paid 10 hire replacemenl workers to replace Ihe time that Mr. Telfer has lost. Most of the workers who have been hired to work on the Telfer farm have been paid at the wage rate of $5.60 per hour. Added to this hourly cosl for the wage itself is Ihe cost of social security payroll taxes and worker's compensation, The former has a cost of 7.65% of wages and the latter, according to data received from Mary Telfer, a cost of 10.21% of wages. Hence, the total hourly cost of a replacemenl worker is eslimated to be $6.60 per hour (= 1~ 1786 x $5.60) Part III of Table 2 computes the year-by-year and total cost of replacing the estimated amount of work lime that Mr. Telfer has already losl in Ihe pasl or will lose in the future as a result of Ihe 10131/95 accident. The tolalloss is computed over the period until Mr. Telfer reaches age 65, the age at which someone born in 1937 may retire and receive full social security old age retirement benefits, and also the age at which Mr. Telfer would become eligible for Medicare, (Source: 1996 Social Security Explained and 1996 Medicare Explained (Chicago: Commerce Clearing House, 1996). It is assumed Ihat Mr. Telfer's period of loss will end at age 65 because it is assumed that Mr. Telfer would have reduced his work activity on the farm 10 about 20 hours per week by this age, even If the accident of October 31, 1995, had never occurred. In Part III of Table 2 is shown Mr. Telfer's loss using the assumption that, as a result of the 10131/95 accident, he has lost half of the reduclion in hours in Mr. Telfer's report of "My day before the accident" and "My day after the accident," namely, about 42 hours per week Mr. Telfer's loss using this assumption is estimated to be 592,643, Olher Illustrative Comoutalions and Ihe "Common Denominalor" Loss. The figures computed in Part III of Table 2 can be modified 10 show lhe impact of other assumptions about the extent of Mr. Telfer's loss of hours of work. For example, if but for the accident of 10131195, it is assumed that Mr. Telfer would have completely recovered and returned to his pre-1995 level of farm work of about 104 hours per week. his loss of hours attnbutable to the 10131195 aCCldenl would be 84.5 hours per week and the loss would be 2 x $92,643 = $185.286. This would represent Mr Telfer's maxsmum loss-as far as the replacement value of hiS lost capacity to work on his farm is concerned (Pain and suffering. medical costs and any other losses would be addItional) Alternatively, If Mr Telfer would have only been able to resume 25% of hiS lost hours (21 125 hours per week) but fOf the 10131195 aCCldenl, his loss would be equal to 21 1251"225 x $92.643 '" $46,322 In general. for every hour per week that TIlFER APPRAISAl. JAMES L TtlFER. SR. I, ~TI OF 81Rlli 2. ~Tt OF ACCIDENT 3. ~Tt OF THIS REPORT 4. "WRAGE ST"'I1STICAl. WORICUFE EXPECTANCY OF ACl'IVI! MALE lIS GRAOS (I) 3I2lXl2 2llO2.21 1.38 IUI IW2al2 2OQ2.1O 1.17 15.00 ll/2OII 2011.11 ,..511 7111 71.112 Icr4l31 1131.71 IInVlll5 IlIll5.13 14.01 14.07 '_7 '.7.02 UI 15,lS 1J201' 2011.01 ".01 1432 nil 15.58 5.AGfI5 .. "WRAGE ST"TIST1CAI. LIFE EXPlCTANCY \Ill MARY Il TtlFEA I. ~Tt OF 8IRlli 2. ~TI OF ACClDENT 3. ~TI OF THIS REPORT 4. AVERAGE STATISTICAl UFE EXPlCTANCY (10) 10.. C.l~.......... T-..... 01.. _01" _....._ Ciaa.....~.......,cw.-. ~ _oI-.u.lIIJ..l ....__...-_._1 0.-. -......-oILagoI~.....S._,. ...~............. I. T..... 7. 'Ilia _11.....- 01 U.I. Do,l oIlMw. _"lMw"" .-"'laIIo - u.m...........oO '': _ 2Z5C (Fa '" l'l~.................. T--., . - ,_ ....._...... '-' .....'\1.1. t' ........ ,......... IllS-tl."""'1, _lit T-._ ....... /I ..... u.s. Do,l" _.... _...-. ...... _-. - c:...... _ - . . I..-..y. '''' T..... 5;...... . . ......... UoIlIIII... ,... T....._ 111. TELFER APPRAISAL JAMES D, RODGERS TABLE 2 ACTIVITIES BUT FOR AND GIVEN THE ACCIDENT OF OCTOBER 31. 1aa5 Part I, Loss of Capacity 10 Perfonn Adlvi1ies (1) (2) (3) WEEKlY WEEKlY HOURS HOURS WEEKlY BUT FOR GIVEN HOURS NO, ACTIVITY ACCIDENT(a) ACCIDENT LOST (1)-(2) 1 MILKING 17,50 0,00 17.50 2 SWEEP BARN & CLEAN TROUGHS 8,75 0.00 8.75 3 GRINDING FEED 3,50 0,00 3.50 4 DRIVE TRACTOR TO HAUL MANURE 1,00 0.00 1.00 5 PUT OUT FEED FOR CATTLE 1.00 0,00 1,00 8 FIELD WORK 10.00 0,00 10,00 7 MAINTENANCE WORK 0,50 0.00 0.50 8 DIRECT HIRED HELP 3.50 3.50 0.00 a BUSINESS PHONE CAUS 5,25 5.25 0,00 10 DRIVE TRUCK FOR HIRED HELP 3.50 3,50 0,00 11 TRIPS TO AUCTIONS 2.30 2.30 0.00 12 TRIPS FOR SUPPUES. ERRANDS 2.50 2.50 0.00 13 VET VISITS 3.00 3.00 0.00 TOTALS 62.30 20.05 42.25 Part 11. COmputalion of the Hourly ReplaCement Cost of Mr. Telf8l's T'1Illll Hourly Wage PaiCIlo Hired Help SOciI! Security Payroll Tax CD 7.65% WOIUl'I Compensallon CD 10.21% Total Hourly COst $5.60 SO.43 SO.57 $6.60 Year Part III. COmputalion of Value of Mr. Telf8l's Lost Capacity 10 WOI1t IS a Daily FItlI'l8f (1) (2) (3) Hours Lost VIIueJtIr. AMual LOIS (1) II (2) $1,290 $7,250 -.... t~. $14.501 $14.501 $14.501 $14.501 $14.501 &',100 2.143 1'" '".43 1M 1ON.50 1897 21117.00 1"' 21117.00 1m 21117.00 2000 21117.00 2001 21117.00 2002 1757.110 TCllaIlo Age es $8.60 $8.110 $8.110 $8.60 $8.60 $860 $860 $8.60 (I) BIMd on lilt assumplioft tIlal Mr. Telfer would N1W ItClOweIN fnIm IlIt PH-' l~-O co..ditlooll IUIIlcIenIfJ 10 mum IlIt c:apICIy lor dairy 1_ __10 ~ of ''''' lIwt. IS dIrMd fnIm d\II1 JftIlInd by Mr Telfer (1It1Cl*t 10 IIlIt repoI1) MI ~lfIt'SIIlOIII wltll Mr. r...,. 1.1} j t ~}1t q \ i'~11 1i (J; ~ ~. . ___ . 0"" 'l j "' t \' ~ ~l ~'- l' ~. V') ~ " ,l..."1." L i -l nr' ~~ ~\ p.h~'.;ti~ l! -.. ~~~ '\ ~t~ .' I 11. ~\ ..\t ~~ ~..'\,~ · ..( J" , " , , ... . .....-...--------..-- ...- -cl~1.j 1 ~ ~ r:~ :! t~~ ') \ \ \ \ \ \:t \' I ,(\ . \ ; I \ \ , , ,,\ \ tf". eo-....... '. \ I I i I I I I I , I I . . , . ~ -.~ ';f--::r~' r--:.T \- r,-y .' --~ .. .~ .... _, _ . .', t. 1 "EO ~ j 1 '" r ~ .-,:'l~ ~ ~ .,. ~ l-' .. r-ll~;' . ~ \~.~~.~ ~ I:; 'f I !( '1~~: :~. .~~ ~ ~ _ '. I'. I. ,1 I \ : I I .; I' . . . . :~~ - ~ \...; I I. \ . , . ;. . . , . . \ ' tTH+h-H-+-t-\--I-1-\-tl-r+-1-t--t-t-tfT I . '- ., : . \ i \ \ ; i \ : . ~ "" ~ J.i~\:<,!;\ . "I~ 111 ti-\11 i] \1 \4 \ :\ \~ \~ \~; \ : I \ i I \ l ~ 1 I I, . . ! ~,~ \- ~1"1 il J I t j l' ..i ~ ; :~1 ' j; ~r~{ \ ~: .1 ~~.}-: ~ ~.. - ~r 1 J J t~. .!' 1 ~fr i ~ t ~ -l <1 ,.r~,J J A ~". .~ tl -~ r.t~ d ~ l- t~ , d ~dJ,; . IlJ" ~ \ ~" C, ~) . II) ~.~) Q)(.) ~> di ~ ~~ i "' \ ~-l t" ~ 4. .'>( ''if:, :\ ,~ h) ~- ' II 1,1 Ill,l 1 \ ,..; ~\ ~~. ~ _i' ~ ~ N t \ '.:I of""~.r --f'" .d 1 -r . ~ ~ ~ 1" J ~ 1 -.. !v 1 ~{ J:'l~_ ..;~ "_ ~ I .,,- . "'- ~ . " ..1 r-~ \ ~ ~ ~l~...... ~ _""\ L~ ') "'- J ~i-1 1J'l -3 ~ ~l.1:~ ~ ~.~ t t ,""1 ,~~, ':\.".~ , l~ ,..}~I:: \ l)~ i r .J.j ~ : ...:..f'~ 11 ~ {~~.J._'\~:.t ~" '"' { ~. i. < 'f )! .... .. .. . j ,. .. ~ .~t C>\ ~... ~ ~ {~ ::t J \ _~J~' "-: t , ,. '1 ~~ 111 r ~ ~l;J .} .{:." ~t1Jj!t~i ~",<:\1'i\~J i f..J...J ~ ~ ~ (.~ ~<!:..'4~ , \:' S>o;;.~1:) . ':1 ~ .') :'> \"" >,}\y. . ----- -.----..--.-..- ~ 1 · ~ ~ 1 ~ -----'1' .......- . -. .-- 1 -L l-t 1 ~~.j - .tfY 1fV:1-1 P ~ .( 1, L~'~rr L~ ,t-1 J- '1 'i ~.....t ~ L:1~ ~~ 'rt:i.'~ ~ ~ !~ 1"j ~ ~ < 0 \ .J - '-1 ..... c . , . fi'rst party benefits fconlinued) , ,) a minor III lhe legal cuslody of Ih< I'ulicyholder or su"h relalive. A relalhe may live temporarily oUlSId< the household. 2, "MOTOR VEHICLE" means any vehicle which is self, propelled, excepl one which is propelled: a) solely by human power; b) by electric power obtained from overhead trolley wires; or c) upon rails, 3, "NECESSARY MEDICAL TREATMENT AND REHABILITATIVE SERVICES" means trealmenl, accommodations, products or services which are determined to be necessary by a licensed health care provider unless Ihey shall have been found or determined 10 be unnecessary by a State-approved Peer Review Organization (PRO). I. "CATASTROPHIC LOSS TRUST FUND" meaJU the fund established by the Pennsylvania Motor Vehicle Financial Responsibility law in 1984 and repealed in 1988. INSUREDS The polkyholdn and relallves are covered while occupyl.e or injured by any molor nhicle. Persons othet than th.e po1ict.l!9llkt and. rdalivcs an. .covertd; \ f '1. - :\ "" ';;j-"" ~ " ';',.\. 1 ~ I Ii AWPTl!Yinc)'!>ur~'!"'1'.~,;,.1 ":':.i '\ ~ 1, f' f' ri~o!,~u~tt.Of ~ ~o,~u"iCIe;if ini'"ed ~ thcu~ of accident in Pennsylvama U ........... ';"""l"." I 1 '.' 1 · 1 I \ I I ~ ! tJ i ~ !' ; t 1 '\ '-..! \.... - , '._ . .. G 1 ~ ~:3 -:r ..... PTleN OPTION I-MEDICAL BENEfiT We will pay all rea5on<lble uren.es for Il<<nsary llIedicalltntlllflll and ltllabililalive KnKn. We ...111 pay such upenses UI' 10 Ihe hmlt shown on the Dtcl<lralions. Applicable MedlClllHnefil hmns Jrea,Cl' than $100.000 shall be (ltess over any sums paid or payable by the Cala5lrophic Lo.. Trusl fund. W. will nol pay any medical benefit espenses described which are paid or payable by Ih. CalUtrophk Lou Trusl r.nd. Th.... Is no time limitalion for th.. benerlt, provided Ihal, within 18 months aftn. the dale o( Ihe accident, il is detennined wllh reasonable medical prob&bility lhat (unher .spenses may be incurred as a mull of the injury. OPTION l-INCOME LOSS BENEJlT If this option is sdected by paymenl of pmnillDl, '" will pay for Iou of iDcomc from "'or~ the '-"4 was unable 10 do b<<aUH of lIodlIJ ilIjlll'1. Wt wlIlllOl pay under Ihi. bellefit unlll rl\'t _bill days have been kltt. Wt ",ill not pay for tllest fi... daY' of IosI incomt. ~lOSS or INCOME" _s a) 10 peranl of acflW Ios. of IfOU '1lCOO\C. Gl'O$S income IS illCOlM rem-elf from wor~ rerfotnm! wllllt 1Idf1I\&lt, fI1II'lortd 1ft I_ful actIVit)' b) re_bIt e.- a,:tuall, ....--urred fot Innna a SURIIUI. 10 perform KIf _pIoymtnl 1ft\'k.'tS 1ft t>t4et IU red....... """ 01 cross ~ Of fOl hltlllC ~ IIeItl ",1lio:1I ptfftIIli . I'ftWtlIU _t IIJId rtd\Kt lOll 01 ar- iIs<:olM. Wt ",Ill pay wdI beMfln "" to lilt limit lho_ on Ille Oedarll_. U~. the lela! JilmI of 11Ii. Mtwfil i> \l1".1t'\'1 10 \M _llh m..lm_ ~ "'" 1M Oedar&I_' 'ft\'\\!ftW k\\s ~f\t1. d\\ fh.\t P'*'t~rnw aft.-!' a pfn('~n \f\t'\ L fiist paity " oe'nefits l:ontlOuedt '"'111" .1-"('<:1111:'''1''1.111-'''111 UI.'UTJ If 1111- tlpllOIII\ ,::I:..'~'ll'lJ b~ pJYllIl'llI 01 pl~1I11U1I1. \\t' \\ill p.l\ ~ll. '\~\':~dl'lI:Ji (h:.illl Bt'II~:Il\ hI! Ihl: IJUhl"~h4Jhh'r or li rC'laliH' who !.uflerl, ~H':;;ldCnlal h(tdil~ injur~ i.:<tU\IIIf' ueJth h011l ~I (,:llvC'rnl .cudent. WI' II ill pa)' Ihe Accidemalllzalh BClldll hmll ,hO\l'1l on thc llcclaralloll>. We \\111 increa,e thi, hmil SIO,OOO for an insured using an approved mol or vehicle seat beh or ehild restraint system at the time of the accident. Death must occur within two years of. and as a direcl resuh of. the accident. Payment will be made to thc e,ccutot or admmistralor of the estale. OPTlO,.. 4-FUNERAL BENEFIT If this option is selected by payment of premium. we will pay reasonable expenses directly related 10 the funeral. burial, cremation. or other form of disposition of the remains of a deceased insurn!. These expense, must be the direct resuh of death from a covered acc,dent ,,'ithin two )'car> of the date of the accidem. Pa)'IIlent "'ill be made to any pet,on presenllng bill, for quahfled ~ e'penses mcurred. W. will pay such expenses up to the limit shown on the Declarations. ~PTIO'" S-COMBINED LOSS BENEFITS r A,s option is selecled by paymenl of premium, w. will pal' the beneflls described in Options (i: Y_d 4 above. flowever. 10lal beneflls payable under IhlS opllon arc hmlted '0: I ,t /~;;Au:re~ale hmit shown on the Declaralions for Illis ol'tion; or \;.:~ , ");).three ~ from tile dale of Ihe accidenl; .' ;~/' j ,"hlche\'er o~i:yt. firsl. I .I ~l _ ,. L' ,-.' .. 01'1 ion 6 IS'sub,ecfl(l tb".foUowin~ condlt,ons: -/1' /,r~ al bcCfll J6r .~C"18~~~lh rmmallon of funher expen,e' to be I'ald under Ihe Med"al Bendll': llIe ';~~ h 17n" proVISion dOC1i nOI al'pl)' hI There 15 not,;,Ol1thl)~~ .ma"lJHlm for Income loss nenefll' cl The mUlmu~~ Dcadf~ef'.1 pa)'able IS S25,OOO ,L' . ~" . :: :::.~I:':::: ~::td d) :t:r;;,ai~X" willlln Iwo years of Ihe dale of Ille .,,,dent V ~ OPTlOS 6-EXCESS MEDICAL BENEFITS If IhlS Opllon i, ,eleCled b)' payment of prcmim. ... ",'ilI pay Ekc... Medical Benen.. for an loaM "'110 suffer, accidental bedilllaja,., from a covered accident. Exec.. Medical Bcnefm art all rcasonahle e.penses fOI MCnSI.., mrdicallrtallMlll .1Id rtloabllilltl.. suvlns. W. "ill pa)' IUch expenses .n e,cess of SIOO,OOO bul nOI to exceed one minion dolla.n. W. ..ill nol pal' bcen Med'cal Bcneflts 10 an IMllrn! ..ho is not eliJible for Ol'lIon I-MedIcal BcnefilS under thil polK). (Nt Il.tbihl\ II' one...r>Oll In one aCCident 'I $50,000 per \'ear. Subject 10 tblS hmll for all)' on. petK'Il In an' one )'rar. ....~ a~~r"ate hmlt ft't an)' one ~rs'-'Il " ont milli<.'Il doIlan fOI In) (lllC a.:Cldcnl Ounn~ tbe flfsl 18 nlOm'" of .h~,b"lty. .. 111&11 arrrn,'e pa)'ttlcnts f", an la'lIrn! .11""'" .qaT..! to Ih. S5O.01lO rn ,'.ar limit Fo. I'\II'JlO't' of IhlS Of'lion. tbe flft! 18 month, of tbr.btbt, Pcpn, ",hn the ia...... has 1I...-urrN SiOO.<DJ .,f fllf'N<o ~ ..... Iftal..., aN fYuWlltat"t ............ t,pen,,,, IIlllr --..." ""ftrd 1>, Ort..... '-("""btllC\ll.ms nen..nh !"Ida,.. (t" a sllnllar auto hnef>t> ra<l.,. ",,,II ano,!o." ,n""crl. aN>I....N<o Mcd,."..llk1l.fll hmil, ,'caler IlIan Sloo.OOO.n suth rad.aft' 'I"..U ~ \"\';'1":\ {l.\f'f at1\ Millh ft.;,tk! \lr r.n~Ne u.n~! r.hfi\o "C'dl(:al '-ntflh II I ...-J '. '. FRAM E: H 03 ~.NATlONWIDE Ut~~~C! CENTURY II AUTO POLICY DECLARATIONS , PlOt ,," 2 Tholl DodlrllloN Irl I PO' 0/ .ho pelley namod 1__ Ind 1cl1""1od by pelley numMr boIow Thoy IUptf'1ed. any Oedarallon. Il&ued Nliltr Your polley provtd.. tM COWI.gel and lima. ,hewn tn thl ae~u, 01 COWllOU, They IP!:J!y to lach Inlured v.~k;. .. IndlCI11CI Your poIlct compl$N wlh the """Of1l1l' flnlnclal '..pon,lblly "WI of )'OUt' ,"11 ony tor ~Mcf..lo' which pro~ny DimeO' and 80dly Injury l'"bUy COYIIIllfI "" provtdo<l poney Nul"bot: 51 37 A 511532 IlIutd: SEP II. IU6 poneyhokl<<: (NIlMClln,,,",,) J EAAl TELFER STAR IOJTE MIFFLIH, PI. 1705..1001 POI.:J PorlO<l From: OCt 10. U95 to APR '0. 1996 bUI ","y . lho '"'lul"" p,omlum 10' 'hll po- hol _n polll. IncI tOr ,Il mora" ,.,....,11 ptI1Cldl . rtr\9Wat pt1Imluml Ire paid at rwqutM E.cn perIOd bltOl'" .net Incll at 1201 A'" "Ind'", tkM at tM .ad',,, 01 thl pollc:ynoId., . 'NSUAEO VENICLE(S)I SCHEDULE Of COVERAGES 2. UTI CllEY CAI'lI'CE 10 'IN.8U4JII05C7 $b Wontft Co.......,.. limits 01 Lltb""' Prwmfum ~r,~,'&.CS'VE ACnJAl E:t: VAlue $ 7 70 ACT\JAl VAlUf: lESS $ 500 1 \I 00 PRlPERTV OAICAOE LI All I LI ~ $ m.ooo ~ ~NCE 21i 70 BODilY IN.rJAY llAllll'r.- Ii 250.000 Pl S 500.000 E.ACH ~~T $ 47 20 UNIHSUAEO MOTORISTS. BODilY I HJURY 2357 I 50.000 ~ ~ $ U '0 lHlEA'HSUAEO MOTORISTS.BOD'lY IHJURY '00.000 E.A E HT 235. $ 50.000 ~ ~PCE . Ii .00.000 Ii 21i '0 fIRST PAATY &ENEf'TS 0Pt1'" 5 .CXMllNE1l lOSS eMF.TS Ii 217.500 S 45 .0 FULl 70RT TOTAL $ .n to 1 "" CI4n CAI'tl' CE 10 ,tQt...tH20Yt....T S" ......h C......... U"'''' Olllabtla, __m ~'VE ACTUAL ~ YAlUf: i '7"10 It ION ACTUAl ..lUE l 27 '0 PRlPE D*"lE l' All' ~ T'Y I 250.000 EAO< n 50 BODilY IH.UIY llAII'll 250.000 ~ S 50 20 S 500.000 [ 'UN'~ MOTOAISTS.tIOOllY .HJUII't 2351 I 50.&&0 ~ S '2 '0 \HlEII'~ IClTOAISTS.llCXlllY IHJURY '00. OQ nil I 50.000 r.&: S IS .0 "~t ."'~HO ITS '00 000 OP '~ , lHEll lOSS IE"'"liS S 217.500 S .. 10 f\l\.l ..,. TOTA\. S 20. .0 '\4t0-h\)Q l ~- ..........J ---..-- , FH'\1\U:: I 03 l'rtfTI!th i' .\'I1"l; Pf\l 'Cv pjCl ^OAfIOt..... L ~ .......:, complainl as if each and every one were individually sel fOrlh wilh Ihis Count. 8, As a result of Defendant's negligence, Plainliff Telfer sustained Ihe following injuries, some or all of which may be permanent a, Compression fraclures of his spine; b. Strain and sprain 10 Ihe muscles and soft lissues of the neck. spine. shoulders, and arm; c, General bruises and conlusions, 9. As a result of Defendant's negligence. PlainlilT Telfer has sulTered great bodily pain and suffering as well as mental anxiely and nervousness 10 his greal detriment and loss. 10, As a result of Defendant's negligence. PlaintilT Telfer has sustained serious and pennanenl injury. the lreatmenl for which he has incurred medical bills and expenses in excess of $20,000 and \.\ill require pennanent medical care in the future. II. As a result of Defendant's negligence. PlaintilT Telfer has suffered a loss of earnings and/or earning capacily, 12. As a result of Defendants' negligence. Plainliff Telfer has suffered an interruption of his daily habits and pursuils 10 his greal and permanenl delrimenl and loss. 13. As a direcl and proximate result of the collision and Defendant's negligent and reckless conduct. Plaintiff Telfer has been and in Ire future will be prnented from anmding 10 his ownership. mainlenance. and daily production as a dairy farmer, causina pennanenl detrimenl and loss. 14. PlainlilT has made demand for compen.'Illtion of the aforemenlioned injuries and kl~!I. which Oefmdant has failed and refused and still refuxs to pay. 3 I [':: In .~ -'I .... " "" I. ~ 1."1' to; '5 .,-.. ~ '<"") (:- ... -...J ...... to, . 'f, ~ ~ I .~ ~ ~ L .. r('\ r ! j '\J /'l"') -0 .,;, ~ ~ - L_ , j . ~ ~ ...... ~ ... ~ '. ~,,,. ~ ~ ~ ~ ~ ~ - " '---, . . COUNT ONE PLAINTIFF V. DEFENDANT 7. Defeodant incorporales her responses to Paragraphs I through 6 as if set out in full. 8(a)-(c),9. After reasonable investigation. the answering Defendant is without knowledge or information sufticientto form a belief as to the 11lIIh of Ihe averments and the same are therefore denied and proof thereof demanded 10. Paragraph 10 has been removed in part from the Complaint for purposes of discovery and'or trial by stipulalion of the panies. After reasonable investigation, the answering Defendanl is without knowledge or information sufficient 10 form a belief as 10 the truth of the remaining averments and the same are therefore denied and proof thereof demanded. II-D. After reasonable investigation. lhe answering Defendant is without knowledge or information sufficient to form a belief as to the 11lIIh of the 1\-,,"11...115 and the same are therefore denied and proof thereof demanded 14. Denied as stated WHEREFORE. Defendant demands that the CompWnt be dismissed and judgment entered in her &vol' and against the P1aintitfs Mthout cost 10 her, 001, logether with such costs. CllpenteS and Iltomeys' fees as authorized by law and which the Court deems l'eCa.lry, just and appropriate under the c:itcumstances. COUNT TWO PLAINTIFF V. DEFENDANT - LOSS OF CONSORTIUM IS. Defendant incorporales her responses 10 Paragraphs I through 14 as if set out in full. 16. The avenncnts of Paragraph 16 are legal conclusions 10 which no response is required as provided for under the Rulcs of Civil Procedure and Local Rules and are lhercfore deemed to be denied. 17-18. After reasonable investigation, the answering Defendant is without knowledge or information sufficient 10 form a belief as to the trulh of the averments and the same arc Ihcrcfore denied and prooflhereof demanded. WHEREFORE, Defendant demands that the Complaint be dismissed and judgment entered in her favor and against the P\aintifti without cost 10 her, but. together with such costs. expenses and attorneys' fees as authorized by law and MIich the Coon deems I'eCessary. just and appropriate under the circumstlllCCS. NEW MAlTER 19. Defendant incorporatcs her answer to the Complaint IS if set out in fun. 20. Any benefits paid or payabIc to the Plaintiffs by any insurance contract. JI"OUP plan or other arranaemcnt cannot be re-recovered from Ibis Defendant under t 1722 oflhe Motor Vchicle Financial Responsibility Law 21. PIaintilfs failed to plead ~hether Ihcy were bound by the limited tort or fun tort option It the time or the accidenl 22 The Motor Vehicle FinanNI RCSJIOMiblfity Law doa not recopze a Iou or i.'Cftk'1I1ium dai.'1l '-lUdIas ''quryM is dcflllC!d IlIIdcr t 1702 u l((idcnlaIy Sl.IItIined bodily harm JAMES EARL TELFER, SR. and his wife, MARY R. TELFER, Plaintiffs · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY. PENNSYLVANIA . v. · No.: 1996-5073 Civil . SANDRA MARTELLO, Defendanl · CIVIL ACTION. LAW · JURY TRIAL DEMANDED STIPULATION OF COUNSEL IT IS HEREBY STIPULATED AND AGREED by and between counsel for Plaintiffs. James Earl Telfer, Sr. and Mary R. Tdfer, and counsel for the Defendant, Sandra Martello. that: I. The Complainl filed by Plaintiffs conlains paragraphs which the parties have agreed should be dismissed for the purpose of Discovery and/or trial. The allegations to be removed are as follows: 5(a) "Defendant operaled her vehicle in a reckless. cardess and negligent manner under the circumslances. in disregard of Ihe rules of the road. the laws of Pennsylvania." 5(i) "Operating said vehicle in disregard 10 the rules ofthe road. the ordinances of Ihe Township of P"I Pennsboro Cumberland County, and lhe laws of the Commonweallh of Pennsylvania. includinlOOI not limited 10 the Molor Vehide Code. 75 PaCons Stile t3361 and ~3362" (Specific allegations rerno\'ed are loose underlined) 10. "AJ a resuh of Defendant's negligence. PlainliffTdfer has sustained serious and permanenl injury, the trealmenl for which he has incurred medical bills and expenses in etteU of DO 000 and will require permanenI medical care in lhe future." (Specific allegations removed are loose underlined) 2 The allegations set forth in , I abu\'C! are 10 be remo,,'ed for purposes of DiS(O\-ef')' and/or trial qainst ~ Martello . ~ .z "... ~ -~ N .! ,- ,. -''is w'~ ('oj ...J!" ~( .^,..... J;: ~;. u.. :?-i '- l. r- J1 , '? rJ.. 'u.l ~::. ..; . ,Ow. - L.;." .,,-.t t: r- :J (.) cr U . ~ CD f=: '" t:: ~ '5. ....Q 'J:.c. ~ :C ')~. ..... .~S: (\ CD ;,.,~ c; ...,:;... .. - :1; ::; \!. (,~ "IUl ;:.. a -;....to- . . ~ r- ~ a- u -.. (OJ 1:.; " '->, 1"....: ,-' " , , - -. ,--.. ::J -J '. .' I C . ) ~, .;~ ,- ,..; cr. , . i :-j ..' ui .. . . "'a \ ~ -\ , (I~ .~~. , 'J p. - 'l . , . ~ . . '. , .... Juror . Name Rendom No 63 Sawyer, Lu,. E 380S00535 137 Myers, Rebrcc. A 5954M8J7 31 Kerfrr. Robll D 684987459 115 11111I11I, lIelrl A 749194314 101 Glvlrr. PIlyll" W 953111146 99 D1r1l1, DI..e A 960517957 JO R_brrarr. Faye L 1051113119 7 o.rcll. A Alrulldrill 1090J50905 11 TI'IlIIPo Robrrt E 1111614496 III BIl'IIIIalMr, T...,. S 1179596J05 115 Kutz, ellarlrs M 1114617639 9 Srlulllstn. JoIII E 1111171147 76 PerUr. Dew.,. R I71UI7401 61 ScIInr. Mkllarl J 171JOO9741 19 Hrafla, Terry L 1165964783 14 De,......er. o.rlrlr 1945745571 131 Mlck, Be....,. A 1..95967 114 ere--. All 1915501591 J9 Garderr. Brlal e 1..IJUSta 140 C_fInI. R*rt 0 1111196.U6 r li~t' 1 ,..... .... t... t ,