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TERRY L. SOLA AND
PATSY J. SOLA
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 96-5467 CIVIL TERM
CIVIL ACTION - LAW
FLOWER FRANCHISING, INC.
tta ROYER'S FLOWERS AND
ROYER'S FLOWERS, INC.
Defendants
.
.
PRAECIPE
Pursuant to the Order of the Honorable Judqe J. Wesley Oler,
Jr., dated July 30, 1998, please mark my representation of the
Plaintiffs as with~rawn.
Respectfully submitted,
FRImuN//,
Richarc:f'S. Friedman,
600 N. Second street
Penthouse suite
P.O. Box 984
Harri.bu~, PA 17108
(717) 236-8000
P.C.
Esquire
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TERRY L. SOLA and . IN THE COURT OF COMMON PLEAS
.
PATSY J. SOLA, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v. No. 96-5467 CIVIL TERM
FLOWER FRANCHISING, INC., CIVIL ACTION - LAW
t/a ROYER'S FLOWERS and .
.
ROYER'S FLOWERS, INC., .
.
Defendants .
.
Richard S. Friedman, Esquire respectfully moves this
Court to make absolute the Rule to Show Cause which was issued in
the above-captioned matter on July 2, 1998, and in support states
the following:
1. Richard S. Friedman, Esquire filed a Petition of
Plaintiffs' Counsel for Leave to Withdraw on June 29, 1998, a copy
of which is attached as Exhibit "A".
2. On July 2, 1998, this Court issued a Rule on Terry L.
Sola and Patsy J. Sola to show cause why the Petitioner, Richard S.
Friedllan, Esquire, should not be permitted to withdraw hi.
appearance of record for the Plaintiffs in the above-captioned
matter, rule returnable within twenty (20) days of service, a copy
of which is attached as Exhibit "8".
3. On July 7, 1998, RiChard S. Friedllan, Esquire caused
a copy of the Rule to be served on the Plaintiffs, Terry L. and
Patsy J. Sola; Ceorqe 8. Faller, Jr., Esquire, new counsel for the
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Solas1 and John Flounlacker, Esquire, counsel for Defendants in the
above-captioned matter. A copy of the domestic return receipts are
collectively attached as Exhibit "C".
4 . The Defendants in the above-captioned matter have
failed to answer Richard S. Friedman, Esquire's Petition to date.
5. The Plaintiffs in the above-captioned matter, Terry
L. and Patsy J. Sola, have filed a response to the Petition of
Richard S. Friedman, Esquire for leave to withdraw, which response
was filed on July 22, 1998, and which response contained two
paragraphs of New Matter, a copy of which is attached as Exhibit
"0".
6. The Petitioner, Richard S. Friedman, Esquire, has
filed a Reply to the plaintiffs' New Matter, which Reply is being
filed concurrently with this Motion to Make Rule Absolute, and a
copy of which is attached and marked as Exhibit "E".
7. The Plaintiffs', Terry L. and Patsy J. Sola, response
to Richard S. Friedman, Esquire's Petition for Leave to Withdraw
neither objected, nor consented to Richard S. Friedman, Esquire's
Petition for withdraw [see the Wherefore clause in both the
re.ponse and New Matter, which both state "Plaintiffs do not object
nor consent to the Petition to Withdraw").
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WHEREFORE, Richard S. Friedman, Esquire requests that
this Court make the Rule to Show Cause Absolute, and grant the
Petitioner leave to withdraw his appearance for Plaintiffs in this
action.
Respectfully submitted,
Date:
, P.C.
Richard S. Fr1edman, Esquire
600 ~ Second Street
Penthouse Suite
P. O. Box 984
Harrisburq, PA 17108
(717) Z36-8000
k/p:pleadinqs\sola.mot
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TERRY L. SOLA and
PATSY J. SOLA,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 96-5467 CIVIL TERM
FLOWER FRANCHISING, INC.,
t/a ROYER'S FLOWERS and
ROYER'S FLOWERS, INC.,
Defendants
CIVIL ACTION - LAW
RULE
AND NOW this
day of
, 1998, upon
consideration of the foregoing Petition for Leave to Withdraw
Appearance, the Court grants a Rule to Show cause why the
appearance of Richard S. Friedman, Esquire, on behalf of
Plaintiffs, Terry L. Sola and Patsy J. Sola, should not be allowed
to be withdrawn.
RULE RETURNABLE with
(_I days from
All proceedings to stay
the date of service of this Rule.
meanwhile.
BY THE COURT:
J.
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5. On or about January 31, 1997, Petitioner, Richard S.
Friedman, Esquire, did cause to have filed a Complaint on
Plaintiffs' behalf in the slip and fall injury matter docketed as
above.
6. On or about April 14, 1998, Petitioner, Richard S.
Friedman, Esquire, did cause to have filed a Writ of Summons on
behalf of the Plaintiffs in the Court of Common Pleas of Cumberland
County on behalf of the Plaintiffs, Terry L. Sola and Patsy J.
Sola, in the automobile accident matter, said Writ being docketed
at No. 98-2056.
7. On or about April 29, 1998, Plaintiff, Terry L.
Sola, discharged the Petitioner, Richard S. Friedman, Esquire, from
representation in the automobile accident matter described above,
and did retain the services of the law firm of Hartson, Deardorff,
Williallls , Otto, Ten East High Street, Carlisle, Pennsylvania
17013. A copy of the release and authorization signed by
Plaintiff, Terry L. Sola, and accompanying correspondence from
George B. Faller, Jr., Esquire of the law firm of Hartson,
Deardorff, Williams' otto, are attached and collectively marked as
Exhibit "A".
8. On or about Kay 18, 1998, Plaintiff, Patsy J. Sola,
discharqed Petitioner, Richard S. Friedman, Esquire, frolll
representation in the automobile ,lccident matter described above.
A copy of correspondence from 1'1<\intilt, r\\tsy J. Sola, indicating
said discharqe and retention ot George B. faller, Jr., Esquire i.
attached and aarked as txhibi t "8".
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9. Subsequent to conversations with new counsel, George
B. Faller, Jr., Esquire, and Plaintiffs, Terry L. Sola and Patsy J.
Sola, Petitioner, Richard S. Friedman, Esquire, on or about May 8,
1998, handed over to George B. Faller, Jr., Esquire the files in
the slip and fall matter and the automobile accident matter, both
described above.
10. Petitioner is unable to adequately and properly
represent Plaintiffs in any matter, the Petitioner having been
discharged from representation in the automobile accident matter
described above, and good cause exists therefore under Rule
1.16(b)(6) of the Pennsylvania Rules of Professional conduct for
the Petitioner's withdrawal.
11. Petitioner, Richard S. Friedman, Esquire's,
representation of the Plaintiffs in both matters described above,
was on a contingency fee basis.
12. Subsequent to discharge in the automobile matter
described above, Petitioner has submitted billings to the
Plaintiffs' new counsel on a auantum meruit basis, as allowed by
the fee agreement between the Petitioner and the Plaintiffs.
13. By way of correspondence froll Plaintiff.' new
counsel, George B. Faller, Jr., Esquire, dated June 19, 1998,
Petitioner has been informed that the Plaintiffs are not in
agreement with Petitioner's Quantum Illerlllt blllill9 amount, and
peti tioner anticipates 1l tlqation resul tinq froll thia bill dispute.
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RELEASE AND AUTHORIZATION
TO: Richard Friedman
600 N. Second Streel
Harrisburg, PA 17
I, Teny Sola, hereby authorize and direct thaI you release and forward the complete conlents
of your file pertaining to my accident of 10{ ,/9/, to George B. Faller, Jr., Esquire
of MARTSON DEARDORFF WILLIAMS & OTIO.
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PA TSV J. SOLA
1036 Dogwood Lane
Enol., PA 17025
May 18. 1998
.
Richard S. Friedman, Esquire
FRIEDMAN &: FRIEDMAN. P.C.
600 N. Second Street. Fifth Floor
P.O, Box 984
Hanisburg. PA 17101
RE: Terry L Sola and Pauy J. SoJa v. Estate of Maybelle R. Kanode
No. 98-20S6-Cumberland County C.C.P.
Dear Attorney Friedman:
Please be advised thai il is my desire to lerminate )'OW' repn:sentation on my beha1f reprdina
the above malter, As you know, we haVl: retained George B. Faller. Jr.. Esquire 10 assulM the
handling of this m.ner. Thank you.
Very lruly yours,
'~~~~.S,lt~
PalSy J~
IXHIIUT
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TERRY L. SOLA and
PATSY J. SOLA,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION - LAW
FLOWER FRANCHISING,
INC., tJa ROYER'S FLOWERS
and ROYER'S FLOWERS, INC., :
Defendants
NO. 96.5467 CIVIL TERM
ORDER OF COURT
AND NOW, thisZ"l day of July, 1998, upon consideration of the Petition of
Plaintiffs' Counsel for Leave To Withdraw, a Rule is hereby issued upon all parties to show
cause why the relief requested should not be granted.
RULE RE11JRNADLE within 20 days of service.
BY TIlE COURT,
J
.
Richard S. Friedman. Esq.
~ North Second Street
/ ~~thousc Suite
P.O. Box 984
1Ianisburg. PA mOB
Petitioner
"~"r COpy FROM RECORD
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TERRY L. SOLA and
PATSY J. SOLA,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v,
NO, 96-5467 CIVIL TERM
CIVIL ACTION-LAW
FLOWER FRANCHISING, INC.,
tla ROYER'S FLOWERS and
ROYER'S FLOWERS,INC"
Defendants
PLAINTIFFS' RESPONSE TO
PI!; tttlON OF COUNSEl. FOR I.EA VE TO WITHDRAW
TO: RICHARD S. FRIEDMAN, ESQUIRE
YOU ARE HEREBY NOTIFIED TO FILE A WRlTIEN RESPONSE TO THE
ENCLOSED NEW MA TIER WITHIN TWENTY (20) DAYS FROM SERVlCE HEREOF OR A
JUDGMENT MAY BE ENTERED AGAINST YOU.
L Admitted that 011 or about December II, 1994 PlaintiffTmy Sola was injured in a
slip and fall accident and shortly thereafter Plaintiffs T my and Patsy Sola retained the services of
Richard S. Friedman, Esquire to rqm:sent them in that matter. By way offur1hc:r .=pOI.se, however,
Attorney John King was the attorney from Mr, Friedman's office who was handling this matter.
2-8. Admitted.
9, It is admitted that Richard S, Friedman handed over the files to George B. Faller, Jr.,
Esquire 011 or about May 8, 1998 regarding both the slip and fall and the automobile accident matter.
As specifically indicated in Exhibit ~A" and Exhibit "B" to counsel's Petition, however, it was
Plaintiffs' desire to change cOUllStI only on the automobile accident matter. It was only upon the
insistence of Richard S, Friedman, Esquire that the file repnIing the slip and fall matter was turned
(lver 10 Georae B, hIler, Jr" Esquire, In addition, GcorJe B, Faller, Jr" Esquire indicaled to Mr.
Friedman thai he had a conmet of Intant an.! rould not repmcnl P1ainliffs in the matter aglinsl
Ro)u's Flawm., Mr, Faller llIdi~'ated I" Mr, Friednwl that he wts oo1y w.ing possession of the
file at Mr, FriedIMn's insistctll:t'.
10 Afta reasonable invab,JI~'lt\ Rc:sp.'lt\dems are wlthoul knowled;e Of information
s"ffKtmllO f,,",,, . t.cl~f., lotlw tn,l\II .,f f.1lhlt)' or lhe anrmmls C''lCIt.1llned in Ihis ;418anf'h
..
II. Admiltcd.
12. Admiltcd, A copy of the quantum meruit billing is hereby altachcd as Exhibit "A".
13. It is admiltcd that PlaintilTs' new counsel in the automobile accident mailer sent Mr.
Friedman a lelter dated June 19, 1998, A copy ofthalleller is hereby attached as Exhibit "B". As
to Petitioner's allegation regarding the anticipation of litigation, the Respondents are without
knowledge or information sufficient to form a belief as to the truth or falsity of these averments.
14. After reasonable investigation, Respondents are without knowledge or information
sufficient to form a belief as to the truth or falsity of this allegation, By way of further response, if
there is a dispute regarding the fee in the automobile accident maller, that dispute will be with
PlaintilTs' new counsel in the automobile accident matter, George B. Faller, Jr., Esquire, and not
with the PlaintilTs Teny and Patsy Sola,
I S, After reasonable investigation, Respondents are without knowledge or information
sufficient to form a belief as to the truth or falsity of these averments. By way of further response,
the Respondents do not anticipate that continued representation by Mr. King in the slip and fall
matter would create an unreasonable financial burden on PlaintilTs' counsel. In addition, PlaintilTs
have been happy with the representation of Mr. King and do not believe that they have done
anything that would render representation by Mr. King in the slip and fall matter "unreasonably
difficult".
WHEREFORE, PlaintilTs do not object nor consent to the Petition to Withdraw.
NEW MATTER
16. The case involving the slip and fall claim has proceeded to the point where all that
remains to be done is the trial of the case and withdraw (\f counsel at this late date: may materially
adversely alTcclthe Plaintiffs' claim,
17. On or about May 8, 1998, the PlainlilTs were discharged IS clients by the Petition
despite: the facl that they were entirdy satisfied with how Mr. King bad bandied their rc:praentalion
until thaI time.
\\1IEREfORE. PlainlilTs do not object nor c:onsenllo the Pttilion 10 Withdraw,
Rn=,SU~ed'~L
Tmy I~
O~'C.~ ~ .&D.LL
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Review of letter. received and preparation of
..-0. for file - Receipt and review of
nuaeroua correspondences froa Attorney
PlounlacJter, preparat.ion of nUllerous
MIIOranda 6 .4
PleadinC)a - Preparation and review of COlIplaint.,
review with cUents, preparat.ion of t.en (10)
day notice, review of Answer and.!f- Matter,
preparation of Reply to New Matter, review
with clients . 9.2
lleetinCJs and attandance at depositions -
General .eeting. with cUents to discuss
the case, ..etings with clients in preparation
for depositions, att.endance at deposition of
'ferry SOla, at.tendance at. deposition of
'ferry and Patsy SOla, at.tendance at deposition
of Royer's eaploy...' depositions, attendance
at deposition of Royer'. president's
deposJtion, review of transcripts 11.0
Discovery Docuaents - Preparation of Pl_intiff.'
Interrogat.ories and review of Answers,
preparation of Plaintiffs' Production of
DocIUIenta and review of response, preparation
of Plaintiffs' Interrogatories (2nd set) and
review of Answers, preparation of Kotice of
Depositions of Royer'S eaployees, preparation
of Notice of Deposition of Dr. Hol.nellt,
preparation of subpoena for Aetna U.S. Health
care 10.1
staff "'eUnp Regarding ea.e and Review of
DocuaentaUon (i.e. payout sheets, Hdical
records) - not bUled by other personnel 3.1
Preparation of fU. for Mr. ..aUer 4.0
..view of d...nd 3 . 5
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IDVICZI UllDIUD BY IIJIBIRLY I. ACRl
7 ..stinqa with cUent. (I have not billed for
..et.ings at which DicJc or John and I were
both preaent) 3.0
Initial preparation of aedical authorizat.ions .4
Review of worker'. coapansation aedlcal records
to estabUsh past aedical history 8.0
43 telephone conferences with client. and
olient's wife ' . 10.7
29 telephone conferences with aedical providers 5.a
11 letters to provider. and Aetna Sr. Choice
regarding bilUng probl_ 2.6
7 telephone conferences with governaent
agencies regarding billing probl_ and
Aetna Sr. Choice 1.6
Review of aedical bill. and billing probl... 5.5
26 letters to doctors requesting aedical
inforaation 5.2
Review of fall-relat.ed aecUcal reports on
an ongoing basi. 12 . 0
Review of fall-related aedical reports in
preparation for deaand 9.0
Draft, dictate, review, re-draft, re-review,
and finall.e thirty (30) pave deaand 30.0
33 .-.os to file 13.1
, letters to client 1. 2
Letter to subrocJaUon carrier and review of
lnforaation frGll lRlbroptlon carrier 4.0
aevlev of Dr. lal'\la' 10 1.0
...lev of ellot'. ataha1nt to adjuster .S
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CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Plaintiffs' Response to Petition of Counsel for
Leave to Withdraw was served this date by depositing same in the Post Office at Carlisle, PA, first
class mail, postage prepaid, addressed as follows:
Richard S. Friedman, Esquire
FRIEDMAN & FRIEDMAN
600 N. Second Street
Harrisburg, PA 17101
John Flounlacker, Esquire
THOMAS, THOMAS & HAFER
30S North Front Street
P.O. Box 999
Harrisburg, PA 17108
Terry L Sola
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TERRY L. SOLA and : IN THE COURT OF COMMON PLEAS
PATSY J. SOLA, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs .
.
v. No. 96-5467 CIVIL TERM
FLOWER FRANCHISING, INC. , CIVIL ACTION - LAW
t/a ROYER'S FLOWERS and
ROYER'S FLOWERS, INC.,
Defendants .
.
REPLY TO PLAINTIFFS' RESPONSE TO
AND NOW comes the Petitioner, Richard S. Friedman,
Esquire, who replies to the New Matter of Plaintiffs, Terry L. Sola
and Patsy J. Sola, as follows:
1-15. The averments contained in paraqraphs 1 throuqh
15 of the Petition are incorporated herein as thouqh more fully set
forth at lenqth.
REPLY TO NEW MArrER
16. It is denied that the slip and fall claim had
proceeded to the point where all that remains is to be done is the
trial of the case. By way of further answer, it is averred that
discovery had not yet been coapleted. By way of further answer, it
is averred that the issue of liability had not been established,
and Plaintiffs' expert had not yet been retained, nor had any
expert testinq been performed. By way of further answer, .edical
testimony had also not yet been taken,
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17. The averments of fact contained in paragraph 17 of
the Plaintiffs' New Matter are denied, and proof thereof is
therefore demanded. By way of further answer, it is averred that
the termination of the client/counsel relationship was as a result
of the Plaintiffs, Terry L. Sola and Patsy J. Sola, discharging the
services of the law firm of Friedman & Friedman, P.C. in a motor
vehicle accident case, and further denying liability for billings
presented by Friedman' Friedman, P.C. to new counsel on a quantum
meruit basis, thereby necessitating the institution of proceedings
against Terry and Patsy Sola by Friedman' Friedman, P.C., which
proceedinqs have been instituted. It is further averred that the
firm is incapable of representing the Solas in a slip and fall
case, when it is at the same time the Plaintiff in an action
against the Solas relating to fees.
WHEREFORE, the Petitioner requests that this Court grant
Petitioner leave to withdraw his appearance for Plaintiffs in this
action.
..t., ~~- 3?>fl1C
Respectfully submitted,
FRIEDMAN 17' P.C.
Richard'S. Friedman, Esquire
600 N. Second Street
Penthouse Suite
P. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
k/plpleadlnga\sola2.rep
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TERRY L. SOLA and
PATSY J. SOLA,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
:
.
.
v.
: No, 96-5467 CIVIL TERM
.
.
FLOWER FRANCHISING, INC.,
t/a ROYER'S FLOWERS and
ROYER'S FLOWERS, INC.,
Defendants
CIVIL ACTION - LAW
.
.
CERTIFICATE OF SERVICE
I, Richard S. Friedman, Esquire, hereby certifY that on
July ~, 1998, I served a copy of the Reply to Plaintiffs'
Response to Petition of Counsel for Leave to Withdraw, by
depositinq same in the United States Mail, first class, postage
prepaid, addressed as follows:
Terry L. and Patsy J. Sola
1036 Dogwood Ln.
Enola, PA 17025
Georqe B. Faller, Jr., Esquire
Martson, Deardorff, Williams' Otto
Ten East High street
CarliSle, PA 17013
John Flounlacker, Esquire
1'I\o.as, Thous , Hafer
305 N. Front St., sixth Floor
P. O. Box 999
Harrisburg, PA 17108
FRIEDMAN AHO FRIEDMAN, P.C.
"eba" .. k:..,n
600 K. Second Street
Penthouse Suite
P. o. Box 914
Harrlaburq. fA 17101
(717) 2)6-1000
DOUGLAS. DOUGLAS '" DOUGLAS
11 W. RIGH ST.
POB %'1
CARLISLE PA 17013
TELEPHONE 717-%43.1790
x
WILLIAM p, DOUGLAS. ESQ.
Supreme Coun r.D.I 37926
GEORGE F. DOUGLAS. m. ESQ.
Supreme Coun r.D.I 61886
TERRY L. SOLA and
PATSY J. SOLA,
IN 1liE COURT OF COM.loN PlEAS OF
Cl.f.1aeFu..ANo COUNTY PENNSYlVANIA
PLAINTIFF
1996 . 5467
CIVil TERM
\S
FLOWER FRANCHISING, INC"
tla ROYER'S FLOWERS and
ROYER'S FLOWERS, INC"
CML ACTION LAW
~
To: Curtis R. Long, Prothonotary
~
Please enter my appearance on behalf of the plaintiffs in this
case.
Dallt I
LAS
Au.ust 11, 1998
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17. The averments of fact contained in paragraph 17 of
the Plaintiffs' New Matter are denied, and proof thereof is
therefore demanded. By way of further answer, it is averred that
the termination of the client/counsel relationship was as a result
of the Plaintiffs, Terry L. Sola and Patsy J. Sola, discharging the
services of the law firm of Friedman , Friedman, P.C. in a motor
vehicle accident case, and further denying liability for billings
presented by Friedman' Friedman, P.C. to new counsel on a quantum
meruit basis, thereby necessitating the institution of proceedinqs
against Terry and Patsy Sola by Friedman' Friedman, P.C., which
proceedings have been instituted. It is further averred that the
fira is incapable of representing the Solas in a slip and fall
case, when it is at the same time the Plaintiff in an action
against the Solas relating to fees.
WHEREFORE, the Petitioner requests that this Court grant
Petitioner leave to withdraw his appearance for Plaintiffs in this
action.
..... 0M 1b)t'ffl
Respectfully submitted,
FRIEDMAN AHt7 P.C.
Richard; s. Friedaan, Esquire
600 N. Second Street
Penthous. suite
P. O. lox 914
Harrisburg, PA 1710.
(717) :1]6-1000
k/p:ple.dlnqa\solaa.rep
TERRY L. SOLA and
PATSY J. SOLA,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
v.
No. 96-5467 CIVIL TERM
FLOWER FRANCHISING, INC.,
t/a ROYER'S FLOWERS and
ROYER'S FLOWERS, INC.,
Defendants
CIVIL ACTION - LAW
.
.
:
CERTIFICATE OF SERVICE
I, Richard S. Friedman, Esquire, hereby certify that on
July ~, 1998, I served a copy of the Reply to Plaintiffs'
Response to Petition of Counsel for Leave to Withdraw, by
depositinq same in the United States Hail, first class, postaqe
prepaid, addressed as follows:
Terry L. and Patsy J. Sola
1036 Dogwood Ln.
Enola, PA 17025
Georqe B. Faller, Jr., Esquire
Hartson, Deardorff, Williams' otto
Ten East Hiqh Street
CarliSle, PA 17013
John Flounlacker, Esquire
Thomas, Thomas , Hafer
]05 N. Front St., Sixth Floor
P. O. Box 999
Harrisburq, PA 17108
FRIEDMAN AND FRIEDMAN, P.C.
S. Fr r.
600 K. Second Street
Penthous.Sult.
P. o. Box 914
Harrlsburq, PA 17101
(717) 236-8000
TERRY L. SOLA and
PATSY J, SOLA,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
BY THE COURT,
FLOWER FRANCHISING,
INC" tla ROYER'S FLOWERS
and ROYER'S FLOWERS, INC., :
Defendants
NO. 96-5467 CIVIL TERM
ORDER OF COURT
AND NOW, this 30~y of July, 1998, upon consideration of the Petition of
Plaintiffs' Counsel for Leave To Withdraw. of Plaintiffs' Response To Petition of Counsel
for Leave To Withdraw, in which Plaintiffs take no position on the question. and of the
absence of an answer on the part of Defendants, the Rule issued on July 2, 1998. is made
absolute and Plaintiffs' counsel is excused from funher representation of Plaintiffs in this
case.
Richard S. Friedman. Esq. !)
600 North Sec:ond Street -
, . . .~
- I
Penthouse Suite : ~ c ,
. ,
P.O. Box 984 . )
Harrisblq, PA 17108 f':
Petitioner .
'. 0';
-, ,.,
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'.., o'
....: - 't,
-
"
TERRY L. SOLA and
PATSY J. SOLA,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 96-5467 CIVIL TERM
CIVIL ACTION - LAW
FLOWER FRANCHISING, INC.,
t/a ROYER'S FLOWERS and
ROYER'S FLOWERS, INC.,
Defendants
.
.
ORDER
AND NOW this
day of
, 1998,
upon consideration of the verified Petition of Plaintiffs' Counsel
for Leave to Withdraw, it is hereby Ordered and Decreed that said
Petition is granted, and that Petitioner, Richard s. Friedman,
Esquire, be permitted to withdraw his appearance of record for the
Plaintiffs in the above matter.
BY THE COURT:
J.
TERRY L. SOLA and
PATSY J. SOLA,
Plaintiffs
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
.
,
,
.
v.
No. 96-5467 CIVIL TERM
FLOWER FRANCHISING, INC.,
tla ROYER'S FLOWERS and
ROYER'S FLOWERS, INC.,
Defendants
: CIVIL ACTION - LAW
The Petition of Richard S. Friedman, Esquire respectfully
represents:
1. On or about December 11, 1994, Plaintiff, Terry L.
Sola, was injured in a slip and fall accident, and shortly
thereafter Plaintiffs, Terry L, Sola and his wife, Patsy J. sola,
retained the services of Petitioner, Richard S. Friedman, Esquire,
to represent them in the matter.
2. A Writ of Summons was filed by the Petitioner,
Richard S. Friedman, Esquire, on behalf of Plaintiffs, Terry L.
Sola and Patsy J. Sola, on OCtober J, 1996, docketed as above.
J. On or about October 8, 1996, Plaintiff, Terry L.
Sola, was injured in an automobile accident in which the liable
party was unfortunately fatally injured.
4. Shortly after the automobile accident of OCtober at
1996, plaintiffS, Terry L. Sola and Patsy J. SOla, did retain the
services of Petitioner, Richard S. Friedman, Esquire, to represent
th_ in the .atter.
".......
5. On or about January 31, 1997, Petitioner, Richard S.
Friedman, Esquire, did cause to have filed a Complaint on
Plaintiffs' behalf in the slip and fall injury matter docketed as
above.
6. On or about April 14, 1998, Petitioner, Richard S.
Friedman, Esquire, did cause to have filed a Writ of Summons on
behalf of the Plaintiffs in the Court of Common Pleas of CUmberland
County on behalf of the Plaintiffs, Terry L. Sola and Patsy J.
Sola, in the automobile accident matter, said Writ being docketed
at No. 98-2056.
7. On or about April 29, 1998, Plaintiff, Terry L.
Sola, discharged the Petitioner, Richard S. Friedman, Esquire, from
representation in the automobile accident matter described above,
and did retain the services of the law firm of Hartson, Deardorff,
Williams , otto, Ten East High Street, Carlisle, Pennsylvania
17013. A copy of the release and authorization signed by
Plaintiff, Terry L. Sola, and accompanying correspondence from
Georqe B. Faller, Jr., Esquire of the law firm of Martson,
Deardorff, Williams' otto, are attached and collectively _rked as
Exhibit -A-.
8. On or about Hay 18, 1998, Plaintiff, Patsy J. Sola,
discharqed Petitioner, Richard S. Fried_n, Esquire, froa
representation in the automobile accident matter described above.
A copy of correspondence from plaintiff, Patsy J. Sola, indicating
said discharqe and retention of George B. Faller, Jr., Eaqvire i.
attached and marked as EXhibit -8-,
9. Subsequent to conversations with new counsel, George
B. Faller, Jr., Esquire, and Plaintiffs, Terry L. Sola and Patsy J.
Sola, Petitioner, Richard S. Friedman, Esquire, on or about May 8,
1998, handed over to George B, Faller, Jr., Esquire the tiles in
the slip and fall matter and the automobile accident matter, both
described above.
10. Petitioner is unable to adequately and properly
represent Plaintiffs in any matter, the Petitioner having been
discharqed from representation in the automobile accident matter
described above, and good cause exists therefore under Rule
1.16(b)(6) of the Pennsylvania Rules of Professional Conduct for
the Petitioner's withdrawal.
11. Petitioner, Richard S. Friedman, Esquire's,
representation of the Plaintiffs in both matters described above,
was on a contingency fee basis,
12. subsequent to discharge in the automobile matter
described above, Petitioner has submitted billings to the
Plaintiffs' new counsel on a auantum meruit basis, as allowed by
the fee agreement between the Petitioner and the Plaintiffs.
13. By way of correspondence froll Plaintiffs' new
couns.l, CeorCje B. Faller, Jr" Esquire, dated Jun. 19, 1998,
Petition.r has been inforlled that the Plalntifh are not in
aCjr....nt with P.titioner'. auantum meruit billing allOUnt, and
Petitioner anticipate. litiqation r..ultinCj frOll this bill dispute.
f filES OArAHlfGtSlXx"WI Qlll~RJ.' I 'nhn'"
C'fUICId 01,.~,9IOllU04AM
RClolled: o1,U'9llIHllS PM
lHI'.1
TERRY L. SOLA and
PATSY j, SOLA,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plain tilTs
v.
NO. 96-5467 CIVIL TERM
CIVIL ACTION-LAW
FLOWER FRANCHISING,INC.,
lIa ROYER'S FLOWERS and
ROYER'S FLOWERS, INC.,
Defendants
PI.AINTIFFS' RESPONSE TO
PETITION OF COUNSEL FOR LEAVE TO WITHDRAW
TO: RICHARD S, FRIEDMAN, ESQUIRE
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WITHIN lWENTY (20) DAYS FROM SERVICE HEREOF OR A
JUOOMENT MAY BE ENTERED AGAINST YOU.
I. Admitted that on or about December II, 1994 PlaintilTTerry Sola was injured in a
slip and fall accident and shortly thereafter PlaintilTs Terry and Patsy Sola retained the services of
Richard S. Friedman. Esquire to represent them in that matter. By way of further ~ however,
Attorney John King was the attorney from Mr. Friedman's office who was handling this malter.
2-8. Admitted.
9, It is admitted that Richard S. Friedman handed over the files to George B. Faller, Jr.,
Esquire: on or about May 8, 1998 regarding both the slip and fall and the automobile accident matter.
As spec:irlCllly indicated in Exhibit "A" and Ellhibit"B" to coonsel's Petition, however, it was
PlaintilTs' desire to chanae counscl only on the automobile accidenl matter. It was only upon the
insistence ofRichant S. Friedman. Esquire: that the file rc:pnIinJ the slip and fall matter was tumed
lwer to Georac B, Faller, Jr., &quire. In addilion.. GcorJe B. Faller, Jr., &quire: indic:ated 10 Mr.
Friedman that he bad a conflict of interm and could 00( rcpmml P1aintilTs in the matter apinst
Ro)u's FloWft'S, Mr. Faller indicait'd In Mr. Friedman that he was only takilll po5SCSSd ufthe
file II Mr. Friedman's insi~~.
10, AftCf ~ il'l\o'ftliptiorl Rnplllldents arc: ",ithout ~1ed1lC llf information
~ulrk:ic'nt Il' fl,"" . ~hef.! ft, the truth uf falSIty l,f lhe nmnents C\'fttained in Ihis pIl'1IJT'IIrII
II. Admilled,
12. Admill~-d. A copy of the quantum meruit billing is hereby allached as Exhibit "A".
13. It is admill~-d thalPlainlillil' new counsel inlhe automobile aecident matter sent Mr.
Friedman a letter dat~-d June 19, 199K, A copy of that leller is h~'I'\:by attached as Exhibit "B". As
to Petitioner's allegation regarding the anlicipution of litigation, the Respondents are without
knowledge or infonnation sullicient 10 fonn a belief as to the truth or falsity of these averments.
14. All~'C reasonable inwsligalinn, Respondents are without knowledge or infonnation
sullieient to fonn a belief as to the truth or falsily III' this allegalion. By way of further response, if
there is a dispute regarding the f~'C in Ihe auhlmobile accident maller, that dispute will be with
Plaintiffs' new counsel in the aUhlmobile accidenl matt~'C, G~'orge B. Faller, Jr" Esquire. and not
with the PlaintitTs T~-ny and t'atsy Sola,
I S, Aller reasonable in\'nligalilln, R~'Spondents are without knowledge or infonnation
sufficient to fonn a belief as tllthe truth or falsity III' th~'SC averments, By way of further response.
the Rnpondcnts do not anllclpah: thul cllntinued rerresentation by Mr. King in the slip and fall
mailer would create an unreasonahle tinall\:ial burden on PlaintilTs' counsel. In addition, Plaintiffs
have been ha(ll1Y wilh the n"n.'!IClI..tilln III' Mr, King and do not believe that they have done
anythinll that Wlluld n.'lkkr n"n.'!IClIlaliI1n by Mr, King in the slip and fall matter '"unreasonably
dillicult".
WIII'RH'ORI~, Pllllltiffs lit. not IIbj~'Ct nor cllnscnt to Ihe P~'tition to Withdraw.
N':\\' MA1"fER
I fl. lhc case in\ IIh Ill' the slip and fill claim has pnx:eeded to the: point where all that
n:maiM tll be lIt~ Ii the tnall'" Ihc ,ase and withdraw or counsel at this late date may materially
Ithencly affel:t tbe Plainllll's' ,lalm.
17. Oil Ill' ahoul May II, IlJIIlI, lhe: Plainlin" were discharaed as clients by the: Petition
dapte thl: fk11hat IhI:y were entifdy !llltislied with hov,' Mr. King had handled their rqImCI1tatioo
unllllhattimc:.
WIUIU.1 OR!. PbllllitTs lit. nul I>tljeI:t"'1I' ~""lII5ent \Q the Petition 10 Withdraw,
R~IIYSUY<;L
.I~~ .....
\..j.,r:..",.'~r ,~C... '..._....
'-""y J. ~,Iil \..l
,
I. . .t
FRIEDMAN & FRIEDMAN, P.G.
ATTOBII'IITS AT L.w
RO. Bolt 984
H.t.BRISBUBO, PII1OfSYLV.a.JfU JnOB
May 7, 1998
xr. Terry Sola
1036 Dogwood Ln.
Inola, PA 17025
..... ".on..'O.AL SCa-vlCII. "II_DII_ID:
In re: Sola v. Rover's Plowers
SlaVIC.. RDDDBD BY RI~"Oi 8.nI-., BSQVXU
COnference. 3.5
15 telephone conferences 2.0
1. letter. 2.8
9 lengthy letters 2.7
Review of aedical reports 3.5
Revi_ of 13 it... of correspondence received 2.6
Preparation and review of pleadings 1.0
IIeaos to file 3.0
Research regarding slip and fall actions 3.5
It.I bour. . t200.00 per bour
. t,tlO.OO
SBRVXCU RDDDBD BY JOIDf r. lDlG, IIQVXU
hlepbone conferences - Nuaerous telephone
conference. to and fro. clients, Attorney
PlounlacJter, Engineer McCIlen, Attorney
rlounlacJter's paralegal, Engineer Goedken
(owner of COedJten-Liss), Dr. Holencllt'.
office 1.1
Preparation of correspondence - NlUlerous
correspondence. to Attorney Plounbcker,
client., CWlberland County Prothonotary,
8l1!1poenaed ind1vlduals, Dr. Holencik,
Goedken-Liss Engineerlft9 Co. I.S
Exhibit "A"
IDVICE. UllDIUD BY IIJIBIRLY I. ACRI
7 .eetinqs with cllent (I have not billed for
..et.inq. at which Dick or John and I were
both present) 3.0
Initial preparation of .edical authorizations .4
Review of worker' 8 compensation .edical records
to establish past .edical history 8.0
43 telephone conferences with client and
client'. wife 10.7
29 telepbon. conferences with aedical provider. 5.8
11 letters to providers and Aetna Sr. Choice
regardinq billing probleas 2.6
7 telephone conferences with governaent
agencies regardinq billing probleas and
Astna sr. Choice 1.6
Review of aedical bill. and billing probl... 5.5
26 letters to doctors reque.ting aedical
lnforaaUon 5.2
Review of fall-related aedical reports on
an ongoing ba.is 12.0
Reviev of fall-related aedical reports in
preparatlon for duand 9.0
Draft, dictat., review, re-draft, re-review,
and finali.e thlrty (30) page d...nd 30.0
33 ........ to Ul. 13 . 1
, letters to client 1. ..
Letter to sUM09aUon carrier and review of
Inforaation frGll subrogatlon carrier 4.0
".lev of Dr. Yarus' ID 1.0
".lev of cllent's stateaent to adjuster .S
.i
,
I
MQ~&c5
ATltlIlNm toe CouN$lUORlAT 1.\.
WIlJ.IAM F, M.u11ON
JOHN B. Fowua III
DAHIll. Ie. DLWlOlI'
THOMAS J. W,UWlS'
hoY.OnnIll
STIl'tfIH L BLCllIM
GIOIlC& B. FAWala.'
MIOtAlLJ, HAHn
W. 0...... Poww.
THClNAS G. CowNs
c.u C. Illsat
'...... t"a11I'IID 0wIL T_ 5NaAurr
TEN EAsT HICH Snur
CwJ.su, PIINSYLVANlA 17013
TIWHOM 17m24HM1
FAalWIU om 243-1'~
INTIINIT .......~com
June 19, 1998
Riclwd S. Friedman, Esquire
FRIEDMAN 01: FRIEDMAN
600 N. Second Street
P.O. Bolt 984
Hanisburg. PA 17101
RE: Teny L. Sola IIld Pally J. Sola v. Estate ofMaybd1c R. Kanode
No. 98-20S6-Cumberland County C.c.P.
Our File No. 9385.1
Dear Mr. Friedman:
t
8
I have now had !be opportunity to speak wilb boCh !be SoIu and my pII1Ila1.....dWka your
bculy bill for fees in !be matter involvina the Kanode &tate. III reviewiq !be bill and cIiscussiDa
it with the SoIas, they were IUlprised to learn of the IlllClUIlt of time attributable to contact them.
Ratber than attempt to n:so1ve thai at lttis time, we will aarce to RlCOplia your claim for attomcys
fea in the toCa\ I1IlOW1t of $18,915.00 without dderminina \be specific amcJUI1t of thae beina dIIe
and owi11J. When. verdict 01' sett1cmcat is Icltieved, we will notify you aDd will DOt diapcne
attaneys fees to !be exlalt ofyuur claim. We will qree to pIKe !be amount fCCtlh....d u l1ttOIK)'I
fea up toS28,915.00 in etaow untillllC.b time u !be IIIlOUIlt of your fees is resolved.
v cry tnaly fOIn.
MARTSON DEARDORFF WILUAMS A 01T0
Oeotp B. Faller, Jr.
OBFIftlm
cc: Nt." Mts. T~ Sola
r-........,........~ 1. . ~.
INfO. NATION · AOYICI · AOYOCACY'"'
tllhtblt "8"
John Flounlacker, Esq.
305 North Front Street
Sixth Floor
P,O, Box 999
Harrisburg, P A 17108
George B, Faller, Jr., Esq.
Ten East High Street
Carlisle, PA 17013
Terry L. Sola
Patsy J. Sola
1036 Dogwood Lane
Enols, P A 17025
:rc
TERRY L. SOLA and : IN THE COURT OF COMMON PLEAS
PATSY J. SOLA, . CUMBERLAND COUNTY, PENNSYLVANIA
.
Plaintiffs :
.
.
v. . No. 96-5467 CIVIL TERM
.
.
.
FLOWER FRANCHISING, INC., . CIVIL ACTION - LAW
.
t/a ROYER'S FLOWERS and .
.
ROYER'S FLOWERS, INC., .
.
Defendants :
PRABCIPB
Kindly make the attached Certified Mail card part of
the record, indicatinq service of the Complaint upon Defendants'
counsel.
Respectfully submitted,
Date:
~~AND I EDMAN , P.C.
" , (.)
/~r
. : Z(A..t__
('John F. K nq, Is
600 N. Second 8tr
Hnthouse Suit~,-
P. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
>- n. ?::
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one)
( X
tor JURY trial at the next term ot civil court.
for trial without a Jury.
.----.---.-.---...-.
CAPTION OF CASE
(entire caption must be stated in tull)
.....
(check one)
TERRY L. SOLA and PATSY J. SOLA,
Assumpsit
(X) Trespass
) Trespass (Motor Vehicle)
(Plaintiff)
(other)
vs.
FLOWER FRANCHISING, INC., tla ROYER'S
FLOWERS and ROYER'S FLOWERS, INC"
The trial list will be called on
-e.c
October 13, 1998
(Defendant)
Trials commence on November 9, 1998
Pret,ials will be held on October 21, 1998
(Briets are due 5 days betore pret,ials.)
(The pa,ty listing this case for trial shall p'ovide
to,lhwith a copy of the praecipe to all counsel,
pursuant to local Rule 214.'.)
vs,
NO.QI\_-'.6.1J. 7
Civil ...Ill....
y..-yyy
Indlca'e the attorney who will try case for the Pilrty who Illes this praecipe:
Willi.. P. Doualas, Esq,
Indlcate trial counsel for other parties if known:
John Flaunlacker, Esq" Thoeas,
Thoaas' Hafer, 305 North Front St., P,O. Box 999, Harrtsbura, PA 17108-0999,
for Defendant, Royer'. Flowers. Ine,
This ease is ready lot trial,
~: <N~~~:~~Q~
_N.." "".- ,. ..:..;:::-r-
Dale
S.pr..h.r 11. 1998
AllOt"., for:
PI.llntlfh
_....'.~.,
.-
-
.~"._'_._'
. .'
TERRY L. SOLA and
PATSY J. SOLA,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
No, 96-5467 CIVIL TERM
FLOWER FRANCHISING, INC.,
t./a ROYER'S FLOWERS and
ROYER'S FLOWERS, INC.,
Defendants
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Richard S. Friedman, Esquire, hereby certify that on
July 6, 1998, I served a copy of the Order of Court and Petition
of Plaintiffs' Counsel for Leave to Withdraw, by depositing same
in the United States Mail, certified Mail, addressed as follows:
Terry L. and Patsy J. Sola
1036 Dogwood Ln.
Enola, PA 17025
George B. Faller, Jr., Esquire
Hartson, Deardorff, Williams' otto
Ten East High Street
Carlisle, PA 17013
John Flounlacker, Esquire
Thomas, Thomas , Hafer
305 N, Front st" sixth Floor
P. O. Box 999
Harrisburg, PA 17108
.c.
R card S. Fr
600 N. Second Street
Penthouse Suite
P. o. Box 984
Harrisburq, PA 17108
(717) 236-8000
TERRY L. SOLA AND PATSY J.
SOLA,
#2l
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
Plaintiffs
.
.
.
.
V.
CIVIL ACTION - LAW
:
FLOWER FRANCHISING, INC.,
t/a ROYER'S FLOWERS AND
ROYER'S FLOWERS, INC.,
Defendant
.
.
:
NO. 96-5467 CIVIL TERM
PRETRIAL CONFERENCE
At a pretrial conference held October 21, 1998,
before Edgar B. Bayley, Judge, present for the plaintiffs was
John Flounlacker, Esquire, and for the defendant, William P.
Douglas, Esquire.
This is a slip/fall case under premises liability
of Section 343 and 343(A) of the Restatement of Torts (Second).
Because of the severe injuries and substantial damages suffered
by defendant, plaintiff and defendant have agreed to bifurcate.
The parties stipulate that this trial before a jury shall only
address the issues of liability/contributory negligence. If
plaintiff obtains a verdict upon which it can seek damages, the
parties will attempt to negotiate a settlement. If
unsucce.sful, they will li~~e case for another tera before
another jury for a trial on the issue of damages only.
Eatiaated tiae of this bifurcated trial on
-
liability is one day.
,/
'- \ji~ I
Edgar I. layley, J.
I
, ,
.
.
,
j
,
(
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.
. )
) ~-} 1
) I
,
I
.
,
\
,
TERRY L. SOLA and
PATSY J. SOLA
V.
FLOWER FRANCHISING, INC.,:
tla ROYER'S FLOWERS and
ROYER'S FLOWERS. INC.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 96-5467 CIVIL TERM
JURY TRIAL DEMANDED
PLAINTIFFS' PRE-TRIAL MEMORANDUM
1. A statement of the basic facts as to liability.
On Sunday, December 11. 1994, the plaintiff, Terry Sola, was on the
premises of Royer's Flower Shop in Camp Hill as a business invitee. As soon
as Mr. Sola entered the flower shop, hI> cJ;pp"" 2.nd fl>1I nn frp"h WE:\ w~
had just been aEP]~ to the floor. There were no warning signs post
advlsmg Mr.'"SOIa of the aangerous condition prior to him encountering the
wet wax and falling.
~
2, A statement of the basic facts of damage.
The plaintiff sustained a back injury which required surgery and has
incurred medical bills in the amount of approximately $17,000.00. He was
treated by several physicians for the back injury,
3. Principal issues,
Duty of the defendant to business invitee!l
Contributory negligence of the plaintiff
4. 1~1 iOUA.
Duty of the dclmdant to busint.'M invltft$
Contributory rwgligtn<'\' \,f the plaintiff
(" "",,' .: c-.-.---.
..._'-Jr1' C. _iUU'_"
Terry' L, Sola and Patsy J. Sola
.-.
..,
, ..
Flower Franchising, Inc. t/a Royers Flowers
~e. 96-5467 Civil Term
.~
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Terry L.
Sola and Patsy J.
Vs.
Sola
Royer's Flowers, Inc.
;:.ie,
96-5467 Civil Term
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IV.
None at this time.
V.~
1. Ruth E. Stough
2 Meadowview Drive
Olllsburg, PA 17019
2, TIna L Estep
27 South Summit Street
Harrisburg, PA 17104
3. John G. Vasiliadis, II
16 Hartzdale Dr.
Camp HiD, PA 17011
4. Terry L Sola
5. Patsy J. Sola
Defendant reserves the right to call and or examine the witneuelliated by the
other party,
VI. E&:tIIHI&
1. Numet'OUI phoqt8phs of the ..Ileriof and ext8f1of powllo.. of the
Defendants fIowet shop that were rar..trel'lCed to and nwtced . exhiblla In vlrUIy II 01
the fct .11. ~.
2. 8lJdcet and mop that was ueed by the OiL..... en~," during ...
ClClUtM 01 c1e1ning ... tIoor In ... .... where... PIIillllil....
2
PFlAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted In duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
(Check one)
Please list the following case:
( X ) for JURY trial at the nextlerm 01 civil court.
( ) for trial without a jury.
..---..-.-...-.-.-...----.................--.--.---....-..---......-----....-----.---.-.........
CAPTION OF CASE
(entire caption must be stated In lull)
.....
(Check one)
TERRY L, SOLA and PATSY J. SOLA,
Assumpsit
( x)
(
Trespass
Trespass (Motor Vehicle)
(Plalntilf)
(other)
vs,
FLOWER FRANCHISING. INC.. tla ROYER'S
FLOWERS and ROYER'S FLOWERS. INC"
The t,ialllst will be called on
~ January 5. 1999
Trl.1ls commence on February 1. 1999
Pretrials will be held on January 13. 1999
(Briels are due 5 days before pretrials.)
(Defendant)
vs.
(The party listing this case for t,lal shall provide
forthwith a copy of the p,aeclpe to all counsel.
pursuant to local Rule 214.1.)
No. 96-5467 Civil .lIr..
lta'CXXXX
Indicate Ihe attorney who will try case for the party wllo flies this praecipe:
Willi.. p, Doull... Esq,
Indicate lrlal counsel for other pa,Ues if known:
, Hafer. 305 North Front St.. P.O, Box 999.
John Flounlatker. [Sq,. Thl>aaS,
Harrisburg. PA 17108-0999, for
Tho..~s
De f endant
TIIis case Is ready lor trial.
Plitll Nam41: Will hUll p, p..'u.& I Stl
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewrlllen and submllled In duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
(Check one)
Please list the following case:
. ( X) for JURY trial at the nexlterm 01 civil court.
( ) lor trial without a jury,
--..---.....-.----
CAPTION OF CASE
(enUre caption must be stated In lull)
.....
(Check one)
( ) Assumpsit
TERRY L. SOLA and PATSY J. SOLA,
(X) Trespass
) Trespass (Motor Vehicle)
(Plalntllf)
(other)
vs,
The trial list will be called on
FLOWER FRANCHISING, INC., tla
ROYER'S FLOWERS and ROYER'S
FLOWERS, INC"
~ ADril 20, t999
Trials commence on Mav 10. 1999
(Delendant)
Pretrials will be held on A.pr 11 2 R. 1999
(Briefs are due 5 days before pret,ials,)
(The party IIsUng this case lor trial shall p'ovlde
forthwith a copy of the praecipe to all counsel,
pursuant to local Rule 214.1.)
vs.
No. '16-'\467 Civil ..:term
x~X
Indicate thl attorney who will try case for t". party wllo files this praecipe:
WIIlla. P. Douala., Esq,
Indicate trial counulfor other pattie' if known: John Flounlac....r. E8<:1.. Thou. , Tho.as
& Rafer. 30S North Front St., P.O. Box 999, Harrisburg, PA 17108-0999. for
Defendant.
TlIis cau Is readY tot tria'.
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INDEX TO WITNESSES
FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS
1 - Terry L. Sola
By Mr. Douglas 4
By Mr. Flounlacker 11
FOR THE DEFENDANT
1 - Ruth Stough
By Mr. Flounlacker 29
By Mr. Douglas 34
2 - Tina Estep
By Mr. FlounlacJter 36
By Mr. Douglas 40
REBUTTAL
1 - Terry L. Sola
By Mr. Douglas 43 47
By Mr. FlounlacJter 44
INDEX TO EXHIBITS
FOR THE PLAINTIFP
IDENTIFIED ADMITTED
(No Exhibit. Pr_ented)
FOR THE DEPENDANT
1 - Photo (SOla Depo 14)
2 - Photo (Sola Depo 15)
31
32
33
33
a
,
,\,
""
~
-
Wednesday, November 11, 1998
(Whereupon, a jury was duly empansled and
sworn on Monday, November 9, 1998.)
(Whereupon, the jury entered the courtroom
at 9:05 a.m.)
THE COURT: Good morninq, ladies and
I am Judge Hoffer. I understand that Judqe
8 Guido, was it
9 MR. DOUGLAS: Yes, Your Honor.
10 THE COURT: -- picked the jury the other day.
11 I had the attorneys back in my office a few minutes ago
12 askinq them about what to .xpect here. You are going to be
13 given limited questions to decide in this case about
14 liability and so forth. And this trial is going to aov.
15 along pretty quicJtly.
16 The attorneys indicat. that they will
17 probably be coapletinq the evidence so.ewhere around .leven
18 o'clock, aaybe a little aft.r that. So you are going to
19 have this case for decision in your hands today soa.tiae.
20 Th. attorn.ys are allowed to give you a short
21 op.ning outline of the testiaony that th.y are going to
22 present to you right novo And th.n after that, we will
23 proc.ed with the sworn tutiaony in the c.... And Mr.
24 Dougla., as the plaintiff, will go firat.
25 (Whereupon, Willi.. P. Dougla., Esquire,
1
2
3
4
5
6
7 gentlemen.
:)
1
2
3
4
5
6 Terry Sola.
7
..-.,
~
opened on behalf of the plaintiff.)
THE COURT: Counselor.
(Whereupon, John Flounlacker, Esquire,
opened on behalf of the Defendant.)
MR. DOUGLAS: At this time, we would call
Whereupon,
TERRY L. SOLA
havinq been duly sworn, testified as follows:
DIRECT EXAMINATION
8
9
10
11 BY MR. DOUGLAS:
12 Q Sir, would you state your name, please?
13 A Terry L. Sola.
14 Q And, Terry, whllre do you live?
15 A 1036 Doqvood Lane, Enola, Pennsylvania.
16 Q Sir, I want to talk to you about so.e events
17 that occurred Deceaber 11 of 1994. Actually let .e back up,
18 based on what Mr. Flounlacker said, were you in the flower
19 shop before Deceaber 11, 1994, a few days precedinq that
20 day?
:n A Yes, air.
22 Q And accordinC) to what he said, vere you C)oing
23 back to get soae poinsettias?
H A Yes, sir.
25 Q Sir, what I want to do Is have you walk us
4
.......
I".
1 through what you observed as you were approaching the
2 building. First oft, what was the condition of the parking
3 lot?
4 A It was dry.
S THE COURT: This is December 11?
6 MR. DOUGLAS: Yes, Your Honor.
7 BY MR. DOUGLAS:
8 Q Yes, on December 11, the parking lot was dry?
9 A Yes, sir.
10 Q What kind of doorways did they have to go
11 into the flower shop?
A I believe they had a double door, double
12
13 doors.
14
15
16
17
18
Q With the glass?
A Yes, sir, yes, sir.
Q Was the sun out that day?
A Yes, .ir.
Q As you approached those double gla.s doors,
19 could you see inside the store?
20 A NO, sir. You couldn't se. in the place. The
21 sun was hitting it.
22 Q When you were going into the store, va. there
23 any other people in the vicinity of you, other custoure
24 entering the store?
25 A Ye.. sir. There wa. a un and VOIIlln riC)ht in
5
.......
i"'I
1 front of me.
2 Q On that day, were you on crutches when you
3 entered the store?
4 A Yes, sir.
5 Q And why were you on crutches? Just brietly.
6 Did you have surgery?
7 A Yes, sir, I got hurt and I was mending, and
8 the doctor told me to use these crutches to help me support
9 me. Just like a guide or whatever you want, a helper,
10 whatever.
11 Q Did you have a leg injury?
12 A Yes, sir.
13 Q When you went into the store, did you see any
14 of the employees of the store standing in close proximity to
15 the front door?
16 A Yeah, there was a man and woman standinq a
17 ways bacJt from the doorway.
18 Q About how far bacJt?
19 A Oh, maybe ten, fifteen feet.
20 Q Where were these -- well, you de.cribed it
21 for me. When you went through the doorway, was there
22 anythinq on the floor immediately inside the doorway?
23 A Sir, there was a aat that you walk in on,
24 there wa. a mat. I reaellber that.
25 0 Did you walk in and go on to that aat?
6
---
.......
A
Q
A
Q
Yes, sir.
Did you then step off that mat?
Yes, sir.
And what happened when you stepped off that
1
2
3
4
5 mat?
6 A I went straiqht up in the air, up in the air.
7 Q When you went straiqht up in the air, why did
8 that happen? Why did you qo straiqht up in the air?
9 A I put my crutches down to take the next step,
10 the floor was wet or waxed or whatever, and as soon as I hit
11 it, I went straiqht up in the air.
12 Q Did you end up on the floor?
13 A Yeah. I am not sure if I hit something or
14 not, but I did end up on the floor, yes, sir.
15 Q When you were laying on the floor, did you
16 notice anythinq about the floor? You know, anythinq on the
17 floor or
18 A Yeah, when I qot my senses, I was -- it was
19 full of wax, or whatever it was. It wasn't water, it vas
20 so..thing else. I had that allover .y araB and ay legs and
21 stuff.
22 Q Was it wet, the wax?
23 A Oh, yes, yes, sir.
24 Q After you let.. bacJt up. Prior to you
25 putting your crutches on to the floor, did you know the
7
.--'
""""
1 say, but I heard her say something to the effect of, you
2 know
3 Q Before you fell, did you see any warning
4 signs, this yellow tepee sign that has been described,
5 warning you that you were approaching a floor with wet wax
6 on it?
7 A No, sir, I didn't see anything. There was a
8 man and woman in front of me, I just walked in. And I knew
9 where them flowers were that me and my wife bought a couple
10 days before. So I knew where I was going. I just walked in
11 the door. I wasn't -- I didn't see anything. You couldn't
12 see through the building, the sun was reflecting off the
13 glass. So I couldn't see in the building. I just walked
14 in. Like I say, I didn't see any signs.
15 Q After you fell did you see any signs?
16 A I think I did, when I was laying on the
17 floor. Cause I really went down hard. I think there was
18 one way over in the -- like the back of the store, I call
19 it. But I found out there is another door in that place.
20 But I seen one way, way back in the back like, but nowhere
21 near .e. I was on this side of the store, I seen a siqn on
22 the far side of the store but -- oh, I'. sorry.
23 Q After you fell, were you eventually able to
24 get up?
25 A Yes, the lady tried to help.. and
lO
.-
,.........,
~
1 everything. She was very nice to ms. She tried to help me
2 and everything. I got up. I thought I was okay. It took
3 me a while to get up. I think she helped me get up, as a
4 matter of fact.
5 Q After you got up, did you leave the store?
6 A Yes. She asked me if I wanted to get an
7 ambulance or anything like that. I said I thought I was
8 okay. And I said no, I am just going to go home, and that
9 was it. I left.
10 MR. DOUGLAS: cross-examine.
11 CROSS-EXAMINATION
12 BY MR. FLOUKLACXER:
13 Q Good morninq, Mr. Sola.
14 A Good .orning.
15 Q I a. goinq to co.e around here cause I really
16 can't sea you fro. where you are sitting. Your fall
17 happened on Deceaber 11, 1994, correct?
18 A Yes, sir.
19 Q That was about two weeks before Christaes?
20 A Yas, sir.
21 Q At that U.e you wera using two crutches to
22 help you get around?
23 A Yes, air.
H Q And you beUeved that those crutches helped
25 you when you walked? Ttuat wa. your -- that is ""at you told
11
\,
-..
f"'\
1 me.
2 A Yes, sir, yes, sir.
3 Q The reason why you had the crutches was
4 because you had an operation on your l.ft ankle about a year
5 before the fall and the bones in your left ankle were fused
6 together?
7 A Yes, sir, but I had some follow-up surgery.
8 That is why I had the crutches, but, yes, sir.
9 Q I believe it was your testimony, we talked
10 the first time, that it may have be.n possible that you were
11 also wearing an ankle brace on your left ankle to h.lp you
12 get around?
13 A Yes, sir.
14 Q And wa. your t..timony to a. that you thought
15 the crutches helped you q.t around when you wer. walking
16 outside your home?
17 A Yes, th.y were like an -- yes. I didn't need
18 them totally, but they h.lped m., in other words.
19 Q But I think it va. your t..tiaony that,
20 generally .peaking, whenev.r you l.ft the hou.e, you would
21 take your crutch.. with you?
22 A Ve., sir.
23 Q At the ti.. of the fall I think you alao told
24 .. you were taking anti-infl....tori.. for your l.rt ankle
25 aa well, correct?
12
1 A Yes, sir.
2 Q Now, you were at the Royer's Flower shop a
3 day or two before your fall with your wife to pick out
4 flowers, correct?
5 A Yes, sir.
6 Q And on that first trip, you bought soae
7 flowers, but then you decided that they didn't have exactly
8 what you wanted concerning poinsettias, so you came back a
9 day or two later, correct?
10 A Yes, sir.
11 Q Now, the only reason for your return trip on
12 the date that you fell down was to finally buy those
13 poinsettias, correct?
14 A Yes, she said they were COIling in the next
15 couple days I think it was.
16 Q I think your t.sUaony is you arrived bacJt at
17 the store, it was a sunday, and you arrived there about
18 aidafternoon?
""'"
-.
19 A Yes, sir.
20 Q And you parked on the lot about thirty feet
21 froa the door?
22 A First space, yes, sir.
23 Q As I recall your testiaony as to how you vent
24 in the store, you used your crutches to 90 frOll YOUr car to
I' as the front door, correct?
13
r,
'-='
1
2
A
Q
Yes, sir.
And then your testimony to me was that you
3 took both your crutches and you put them in to your right
4 hand and you used your left hand to open the door, correct?
5 A It's four and a half years ago, but something
6 like that. Yes, one of the hands, yes, sir.
7 Q And then after that, you walked inside the
8 store, you put both your crutches back in your left hand,
9 and you saw the flowers where you wanted to go, and that is
10 where you began to walk, correct?
11 A Yes, sir.
12 Q Now, up to that point that we juat had talked
13 about, you didn't see anybody mopping the floor?
14 A No. I didn't see anybody when I walked in
15 except for that man and woman that was in front of me.
16 Q And you didn't see a mop bucket at that
17 point?
18 A No, not at that point, sir.
19 0 And you didn't sae a -- that aign everybody
20 haa talked about, the yellow vet floor aign directly to your
21 left as soon aa you walked in tha front door?
22 A No, air, I didn't see that.
23 Q It is my underetaRding then when you began to
24 walk, you left the aat everybody has been talUng about and
25 you took either four or five paces, or covered a distance of
14
........
1"""\
1 about a yard before you fell down, correct?
2 A I didn't go very far. Cause I believe that
3 mat met another -- I believe that mat, you went on to the
4 floor, and I think there was another like ruq or something
5 there I believe.
6 Q Now, immediately after your fall, you are not
7 sure whether or not you were unconscious or knocked out as a
8 result of the fall, isn't that true?
9 A Yes, I don't remember.
10 Q And you also concede at the time when you
11 fell down, you were angry about falling down?
12 A Yes, sir.
13 Q And that at one point after your fall, you
14 did notice a bucket within the store, a mop bucket?
15 A After I fell?
16 Q Yes, sir.
17 A Yes, sir, yes, sir.
18 Q And also after you fell, isn't it true that
19 you also observed a sign at that point, you weren't sure
20 whether it was by the front door or the bacJt door to the
21 store, isn't that correct?
22 A Yes, sir, cause I didn't know there vas
23 another door, ye., air.
24 Q And you ca.. in the front door, as you
25 recall, the one --
15
.-...
""
1 A I don't know if it is the front door. I just
2 call it by the parking lot side.
3 Q Right. You came in the parking lot door?
4 A Yes, sir.
S Q Now, after your fall, I believe another thinq
6 that you told me was you were concerned or wondering why no
7 one from the flower shop ever said anything to you about the
8 floor after you walked in the door?
9 A Yes. After I got over beinq mad, I was
10 wondering why nobody said anythinq to me. Cause after I
11 fell, I seen two people standing there, a man and a woman,
12 the lady and the guy that was doing the floor. And I did
13 say about the stuff being allover, I said, why didn't
14 somebody say something. I was mad, yes, sir.
15 Q And one of the reasons for that is you were
16 used to, because in times in the past, people would point
17 things out to you and warn you about differ.nt things?
18 A Yeah. Y.s, sir, people usually said watch
19 your step or this or that wh.n th.y s.en you had crutch.s.
20 Q Because of your physical condition?
21 A W.ll, yes, y.s, sir.
22 HR. rLOU1fLACKER: Thank you.
n HR. DOUGLAS: I have nothin<J further of th1a
24 witn....
25 THI COURT: You may .t.p down.
16
.-
1""\
1 MR. DOUGLAS: Your Honor, I believe the
2 parties are willinq to stipulate that John G. Vasiliadis,
3 who was the individual
4 THE COURT: A little louder, please.
5 MR. DOUGLAS: John G. Vasiliadis, the
6 individual who applied the wax to the floor that day was an
7 employee workinq in the scope of his employment at the
8 flower shop.
9 MR. FLOUNLACXER: Yes, Your Honor.
10 THE COURT: That el_ent can be considered a
11 proven fact, ladies and qentleaen, that the person who
12 applied whatever it was on the floor worked for the owner of
13 the flower shop and was an _ployee.
14 MR. DOUGLAS: Your Honor, at this point in
15 time, we are just qoinq to read a limited portion of the
16 deposition with respect to what Mr. Vasiliadis did that day
17 as far as the floor was concerned.
18
19
20
21 ue reading?
22 MR. FLOUMLACXER: No, Your Honor.
23 THE COURT: You haven't.
24 COUnsel looked at the deposition, and now
25 have you agreed, sir, or not?
THE COURT: Is that riqht?
MR. FLOUNLACXER: Yes, Your Honor.
THE COURT: You have aqreed on what part. you
17
~
C'
1 MR. FLOUNLACXER: Yes, Your Honor.
2 THE COURT: All right. Are you goinq to read
3 it both ways, Mr. Douglas?
4 MR. DOUGLAS: Yes, Your Honor. There is just
5 a limited number of questions.
6 THE COURT: And, of course, he is not in
7 court.
8 MR. DOUGLAS: NO, Your Honor. My
9 understandinq is he has moved out to the Chicago area and
10 isn't available.
11 THE COURT: In any event, ladies and
12 gentlemen, this deposition of the witness mentioned vas
13 taken earlier by both counsel and under oath. And this is
14 perfectly acceptable to use testimony this way in a
15 courtroom. And both sides aqree. So just consider the
16 witness under oath up here on the stand. Mr. Douglas 18
17 going to read both sides of it he says.
18 Identify this witness.
19 MR. DOUGLAS: John G. -- I'll spell the last
20 na.e -- V-a-i-s-i-l-i-a-d-i-s. How do you pronounce that?
21 I'. gues.inCl.
22 THE COURT: You have to identify whoever is
23 asking the question and then the person answering as we Clo
24 along here.
25 MIl. DOUGLAS: At. the ti.. the deposition va.
11
1"""\
,..,
1 taken by a gentleman by the name of John F. King, and the
2 answers were provided by John Vasiliadis.
3 BY MR. DOUGLAS: (Reading)
4 Question: In December of 1994, were you
5 employed by Royer's?
6 Answer: I believe so.
7 Question: When you were employed by Royer'S,
8 in what capacity were you employed? What did you do for
9 them?
10 Answer: Clean up, setting up displays. Some
11 deliveries, if need be. Just, I quess, I would be, I would
12 say, general maintenance, like a handyman. It was never
13 really defined to .e what it was. I was just there. I
14 don't mean to be so vaque.
15 Question: Did part of those duties involve
16 keepinq the place clean?
17 Answer: Yes.
18 Question: Did you work at anyone facility?
19 Answer: I'. not sure I understand.
20 Question: Did you work at anyone particular
21 store?
22 Answer: At the one on -- what vas that, Caap
23 HUl? I a. not sure what road that is on. I ques. it would
24 still be Old Cettysbur9 Road.
25 Question: Can you recall an incident back in
19
'"'"
I"'.
1 December of 1994 in which a customer slipped and fell on the
2 floor there?
3 Answer: I do recall that, yes.
4 Question: Do you recall what duties you were
5 performing on that day?
6 Answer: I believe I was cleaning the floor.
7 I swept and cleaned the floor.
8 Question: When you said cleaning the floor,
9 could you describe to .e vhat that involves? I understand
10 the sweeping part.
11 Answer:
12 .op.
13 Question: Just a vet IIOp?
14 Answer: I believe it was soapy water.
15 Question: Do you recall whether there was
16 any waxing involved?
17 A docuaent was then shown to hi..
18 The question was: I.. qoinq to ask you to
19 take a look at this docuaent which was provided to .. in
20 response to a request for production of documents. I..
21 qoinq to ask you to take a look at this and tell .. if you
22 recognile that.
23 ~:
24 I believe right after
25 in question happtned.
Moppinq, IIOppinq the floor with a
Ye.. this is a copy of what I wrote
it happtned. right after the accident
20
~,
r';
1 Question: I am going to ask you to take a
2 look at the contents of that, and then tell me whether that
3 refreshes your recollection at all about the occurrences of
4 that date.
5 Answer: I did wax it. If that, it that is
6 what is written here, then I did wax it. Then I vas waxing
7 it I quess I should say.
8 Question: When you would vax the floor at
9 Royer'S, could you tell me what your procedure was?
10 Answer: Of course. to vax the floor. I
11 believe I swept the floor. I swept the -- I'm sorry, r
12 can't be positive of what I did. I know that you swept it,
13 and then I a. not really sure what I did after that. r
14 don't r..e.ber.
15 Question: Did you utilize a IIOp?
16 Answer: Yes, yes.
17 Question: Was it the type of vax that va.
11 like a liquid vax that you would pour into a bucket. or vas
19 it a hard wax that you would put on with soae sort of vax
20 applicator?
21 Answer: come to thinJt of it, I believe it
22 was wax in a squirt bottle.
23 Question: SO you would squirt out 80118 sort
;u of "ax. a liquid type vax thine) out of the squirt bOttle?
25 Answer: Uh-hub.
21
~
~
1 Question, page 8, line 2: So if I understand
2 correctly, you had a wax that was liquid in form?
3 Answer: Yes.
4 Question: That would be in some sort of
5 squirt bottle applicator?
6 Answer: Yes.
7 Question: And you would squirt that on the
8 floor, is that correct?
9 Answer: Yes.
10 Question: Then you would apply the wax on to
11 the floor by the way of use of a vet IIOp?
12 Answer: Yes.
13 Question: When you vould wax the floor.
14 vould you be directed to do that by somebOdy there at the
15 store?
16 Answer: Yes.
17 Question: Do you recall who?
18 Answer: No. I usually had a list of duties
19 that needed done from day-toooday.
20 Question: Would this be a Hst provided to
21 you by soaebOdy there at the store?
22 Answer: Yes.
23 Question: Do you recall who would provide
24 you that list?
25 Answer: 110. I a. not poaitivs who .,&ve ..
22
~
"'"
1 that list. I had -- I'm not sure who gave me the list.
2 Question: Do you recall who your manager was
3 there at the store?
4 Ansver: My manager was Elmira Welsh.
5 Question: Do you recall if Ruth Hutchison
6 also ever acted as manager?
7 Ansver: I believe she was assistant manager.
8 Question: The day that Mr. Sola slipped and
9 fell, you say you do recall that incident?
10 Ansver: Part of it, yes.
11 Question: Were you waxing the floor that
12 day?
13 Ansver: Yes.
14 Question: Do you recall whether or not it
15 was a normal procedure for you to be cleaning and vaxing the
16 floor durinq business hours?
17 Answer: No. I do not recall.
18 Question: But on this day in question, the
19 store was open for business whila you vere cleaninq and
20 waxinq the floor. is that correct?
21 Answer: Ya., it vas.
22 Quastion: Did you have any eigne that you
23 would utili.e whenever you were workine) on the floor?
24 Anaver: Yea, ye., I did.
25 Qua.tion: 1ft\at ware tho.. s19na?
23
. ,---,.
-
--
I'"
1 Answer: Yellow wet floor signs.
2 Question: Were those the type of signs that
3 would sit on the floor?
4 Answer: Yes. They were a tripod type of a
5 device I guess I should say.
6 Question: Like a free-standing --
7 Ansver: Yes. They sat on the floor.
8 Question: Do you recall approximately how
9 high they stood off the floor?
Answer: No, I do not recall -- Answer: No,
10
11 I do recall.
12
13 color?
14
15
16
17
Question: You say that they were yellow in
Ansver: Yes.
QUestion: Do you recall who Deb Roach is?
Answer: Yas, she vas a fellow eaployee.
Question: Do you recall whether you had any
18 discussions with her that day abOut the signs?
19 Answer: I belisVB I hael .aid soaething to
20 her, but I don't recall exactly What it was.
21 Question: 1ft\at is your best recollection?
22 Anawer: I haVB a question.
23 Que.tion: Yes.
24 Answer: Wouldn't that be vague if I didn't
25 know?
2.
1"""\
,....
1 Question: I will just give you a little bit
2 of ground rules. I will ask the question. And then if you
3 respond that you don't recall exactly, I will ask you to
4 respond to the best of your recollection. You just do that.
5 And then if there is any problem later from a legal
6 standpoint, then Mr. Flounlacker and I will deal with those.
7 Mr. Flounlacker asks: You are not asking him
8 to quess.
9 Mr. King: No. I am asking to the best of
10 your recollection. I understand that you may not be able to
11 remember exactly. But, to the best of your recollection,
12 what was your discussion with Ms. Roach about those signs?
13 Mr. Flounlacker: Is that before or after the
14 fall?
15 By Mr. King: Actually what I am asking --
16 (End of Reading)
17 THE COURT: Wait. Go ahead.
18 BY MR. DOUGLAS: (Reading continued)
19 Question: Actually. what I am asking is if
20 you recall whether on that particUlar date (End of
21 Reading)
22 MR. DOUGLAS: There is usually two, .0 I will
23 try avain. I will back up.
24 (Reading) Now, Question: NO, I .. asking to
25 the beat of your recollection. I understand you may not be
25
,-"
"...,
1 able to remember exactly. But, to the best of your
2 recollection, what was your discussion with Ms. Roach about
3 those signs?
4 Mr. Flounlacker: Is that before or after the
5 fall?
6 MR. DOUGLAS: Question: Actually, what I am
7 aSking is whether you recall on that particular date on
8 which Mr. Sola fell whether you had any discussion with Ms.
9 Roach. And then to the best of your -- the best of your
10 I believe you said that you did and you don't remember
11 exactly.
12 Answer: Yes.
13 Question: So now I am asking you, to the
14 best of your recollection, what were those and when did
15 those discussions take place?
16 Answer: I believe I asked her about the sign
17 placement, about where they were supposed to be or something
18 to that effect.
19 Question: Do you recall if she gave any
20 response to you?
21 Answer: No, thAt I don't reaeaber.
2:1 Question: Do you recall whether or not you
23 discuesed -- Question: DO you recall whether or not you did
H use those &19ns that day that you were goinq -- that you
:IS were doinq the floor?
26
."""1
,-,
1
2
3 those siqns?
4 Answer: Each sign was placed in the vicinity
5 of a door, an entrance door. And there were two doors
6 coming and, therefore, I had two signs out, one by each
7 door.
8 Question: I understand that there was a door
9 into Royer'S what was considered to be the front door. It
10 was actually out on Old Gettysburg Road. Is that your
11 recollection?
12 Answer: Yea.
13 Question: The other door was what they
14 called the parking lot door, is that correct?
15 Answer: Yes.
16 Question: Which of those doors got the most
17 traffic, customer traffic, if you recall?
18 Ansver: The parkinq lot door.
19 Question: Those were the only tvo doore in
20 and out for custoaers, is that correct?
Answer: Yes, that I do recall.
Question: Do you recall where you placed
21 Answer: For customer use, I belieVB 80. ye..
22 Question: Do you recall which door Mr. Sola.
23 the qentleaan that fell that day, utili.ed?
24 Answar: The parkinq lot door.
25 Question: Do you recall whether or not you
27
."",
1"""\
1 had a wet floor sign up in the vicinity of that door?
2 Answer: Yes, I did.
3 Question: Do you recall where it was in
4 relation to that door?
5 Answer: I believe that the wet floor sign
6 was in the vicinity of the wind chime area.
7 Question: Do you recall whether or not you
8 approached the individual that fell that day after he fell?
9 Answer: No, I did not.
10 Question: Do you recall whether or not you
11 noticed any wax on the seat of his sweat pants that he was
12 wearing after he had fallen?
13 Answer: I believe h. had some on his pants.
14 Question: In addition to yourself, and I
15 think you said Ms. Roach, can you recall anybody else who
16 was pr.sent that day as far as employ.es of Roy.r'.?
17 Answer: No, I am not sure who else I was
18 workinq with that day. (End of R.adinq)
MR. DOUGLAS: That conclud.s Mr. Vasiliadla'
19
20 testiaony.
21
22
;n r.st.
24
25
THE COURT: What is next?
MR. DOOCLAS: Your Honor. with that, we ,,111
THI COURTI eounsel.
MR. rLOUMLAOtllh 'nlank you, Your Honor. 'I1ltl
21
1"""\
~
1 defense calls Ruth stough.
2 THE COURT:
3 sir?
4
5
6
7
8
9 BY MR. FLOUNLACKER:
10 Q Good morning, M.. stough. Where do you work
11 now?
12 A
13 Q
14 tlower shop?
15 A Ye., I did.
16 Q Would that be the ...e Royer'. flower ahop
17 loc.tion where Mr. Sola h.d hi. f.ll?
18 AYe..
19 Q What w.. your job for Royer'. st that time?
20 A I was a ..never trainee.
21 Q Were you working aa a _naqer trainee on the
22 date that Mr. Sola fell down?
23 A Ye., I vas.
24 Q Do you r....ber th. day that Mr. Bola feU in
25 the flover .hop?
Spell that last name, will you,
MR. FLOUNLACKER: s-t-o-u-g-h.
Whereupon,
RUTH STOUGH
havinq been duly sworn, testified as follow.:
DIRECT EXAMINATION
I currently work for Jeffrey's Flowers.
In December of 1994, did you work for Royer'.
at
~
~
1 A Yes, I do.
2 Q Do you recall what day of the week it was?
3 A It was a sunday afternoon.
4 Q How would you describe the business traffic
5 within the store at that time?
6 A It was fairly slow.
7 Q Just prior to Mr. Sola entering the floor,
8 were there any cleaning activities being done inside the
9 flower shop?
10 A
11 Q
12 A
Yes, there were.
What was going on?
I was in the back.
I know John was there
13 because he was our clean up aan.
14 Q Is that John V.?
15 A John v.?
16 Q Yeah.
17 A Right. And he was doing S088 general clean
18 up in the store.
19 Q Did you actually see Mr. Sola fall down?
20 A NO, I di4 not.
21 Q How did you learn about his fall?
Z2 A TiM Estep. another of our employ..., had
23 coae back. I wa., a. I .aid, I wa. back behind, she cs.. to
Z4 .. and sald, Ruth, I thiM: you ahould coae out front,
25 soaebody has fallan down in the store.
)0
......,
1"'\
1 Q How long after Tina told you about the fall
2 did it take you to get out to the area where Mr. Sola fell
3 down?
4 A I went out immediately. So it was just a
5 matter of seconds before I got out there.
6 Q And did you see Mr. Sola?
7 A Yes.
8 Q Where was he?
9 A He was near the door, the parking lot door,
10 the entrance, and he was standinq up by the the I got
11 there.
12
13 Mr. Sola?
14
15
16 sign?
17 A There was one along the front entrance to the
18 store, which is alonq Old Gettysburg Road. And there wa.
19 another one by the parkinq lot sid., that entrance, because
20 that 1. where a lot of the traffic would COM through.
21 Q Ma'u, at your deposition, I asked you to
n take a look at .0118 photographs.
n Perai..ion to approach, Your Honor.
24 (~reupon.
25 Defendant Exhibit No. 1
Q
And did you see any wet floor signs around
A
Yes, I did.
And where do you recall seeing the wet floor
Q
31
""'"
r-.
1 was marked for identification.)
2 BY MR. FLOUNLACKER:
3 Q I am going to ask you to take a look at what
4 was identified in Mr. Sola's deposition as Exhibit Number 4.
5 Would you look at that? Do you recognize that photograph?
6 A Yes, I do.
7 Q And what does that depict?
8 A That is the -- what we used to call the main
9 entrance to the store. Because, as I said, that is where
10 the majority of the people would enter.
11 MR. FLOUNLACKER: Your Honor, vith your
12 permission. I have an enlargement of that photograph I would
13 like to publish to the jury.
14 THE COURT: Mr. Douglas.
15 MR. DOUGLAS: No objection.
16 BY MR. PLOUNLACKER:
17 Q This is a photogrsph that you and I were just
18 talking about. Could you tell the jury what this depicts?
19 A Yes. As I said, that is the parking lot side
20 where aany of our customers would enter the store.
21 Q That is the parUnq lot entrance door?
22 A Riqht.
21
24
25
(1ft\ereupon.
Defendant Exhibit No. 2
va. aarked for identification.)
)2
1 BY MR. FLOUNLACKER:
2 Q Do you recall I also asked you about another
3 photograph at your deposition? That was marked as Exhibit
4 Number 5 to Mr. Sola's deposition. I would like you to take
5 a look at that photograph. Do you recognize it?
6 A Yes, I do.
7 Q What does that depict?
8 A That depicts the entrance once you get inside
9 the door. There is a mat as you first valk in. And then
10 the wet floor sign was right beside that mat.
11 Q The view that you would have after entering
12 this door?
13 A
14
15 publish.
16
17
18 admitted.
19 MR. PLOUNLAClIR: They have been pre-merked.
20 The first photograph has be.n aarked as Defens. Exhibit
21 Nwlber 1.
22 THE COURT:
23 talking about, couns.lor.
24 MR. FLOUNLAClIR: Okay, good.
25 BY MR. FLOUNLAClIR:
'"""
1"'4
Right.
MR. FLOUNLAClER:
Your Honor, sa.. request to
MR. DOUGLAS: No Objection.
THE COURT: AU right. Both of tho.. are
tAt's use the nuabere you are
33
""'"\
1""'1
1 Q Ma'am, so I understand your testimony, this
2 is the front door to the store from the parking lot
3 entrance?
4 A Yes.
5 Q And this, generally speaking, is a view
6 inside the store from that doorway?
7 A That is correct.
8 Q And, generally speaking, does this depict the
9 location of the slippery floor sign that you saw when you
10 came out to see Mr. Sola seconds after you heard his fall?
11 A Yes, it does.
12 MR. FLOUNLACKER: Thank you.
13 CROSS-EXAMINATION
14 BY MR. DOUGLAS:
15 Q Ma'am, did you see the -- let me back up.
16 When Mr. Vasiliadis was wet waxing the floor, did you see
17 him do any of that?
18 A No, I did not. I was not in the front of the
19 store.
20 Q When was the last time you "ere in the front
21 of the store prior to Mr. Sola falling?
22 A I don't recall that. I don't know.
23 Q Ma'.m, with respect to the photograph that
24 you hays bean shown with re.pect to the location of that
25 s191\, would it be fair to say then that you didn't ... wh.re
34
.......
~
1 the sign was sitting before Mr. Sola fell?
2 A That is correct.
3 Q For the benefit of the jury, would it be also
4 fair to say that this isn't a photograph that was taken on
5 the day Mr. Sola fell? This is a re-creation?
6 A That is correct.
7 Q Ma'am, was it a reqular practice to apply wet
8 wax to floors during business hours?
9 A I know that we would mop the floors quite
10 often because of the traffic flow. Especially in December.
11 Q And I assume that that would -- with the
12 traffic flov in December, when you would wet mop the floors,
13 would that be due to somethinq that the customers were
14 dragging in, such as precipitation. or would that just be a
15 standard practice that you would mop the floors durinq the
16 day?
17 A We really didn't have a set time to do that.
18 We would mop them as needed from the traffic c01linq in,
19 bringing in debris from out.ide. Inside traffic also.
20 Q On the day in question, was there any rea.on
21 why the floor had to be waxed at the tin it was?
22 A A couple reasons va did it. There vas a low
23 traffic flow that day. Another reason wa. it wa. .iaply a
24 ti.. when va had ti.. to do it. It we are busy, there i. no
25 Un to !lOp the floore. And it kind of der_ta the purpose
)5
1"""\
~
1 when there is a lot of people on them.
2 MR. DOUGLAS: That is all the questions I
3 have.
4
5 Honor.
MR. FLOUNLACKER: Nothing further, Your
6 THE COURT: You may step down, ma'am.
7 MR. FLOUNLACKER: The defense calls Tina
8 Estep, E-s-t-e-p.
9
10
11
12
13 BY MR. FLOUNLACKER:
14 Q Good morning, ma'am. Please identify
15 yourself?
16 A Yes. My name is Tina Estep.
17 THE COURT: Just get the mike where it is
18 comfortable. You can pull it around.
19 BY MR. FLOUNLACKER:
20 Q Where do you work?
21 A I work at Royer'S Flowers.
22 Q And do you work at the sa.. location where
23 Mr. Sola had his fall?
24 A Yes.
25 Q And were you workinq at that store on
Whereupon,
TINA ESTEP
having been duly sworn, testified as follows:
DIRECT EXAMINATION
36
"""
~
1 December 11, 1994, whsn Mr. Sola fell down?
2 A Yes, I was.
3 Q Do you recall around what time of day Mr.
4 Sola's fall happened?
5 A Approximately like midafternoon.
6 Q And I will use the same reference to you, was
7 John V. working at the store on that day?
8 A Ves. he was.
9 Q And what was John V.'s job or what did he do
10 for Royer's?
11 A Well, basically it was a clean up position.
12 He had odd jobs to do, cleaning, you know, the windows.
13 Mopping the tloors, sweeping. Taking trash out. Odds and
14 end jobs pretty auch.
15 Q On the day that Mr. Sola fell down, but prior
16 to Mr. Sola'. tall, was John V. cleaning the floors?
17 A Ye., he was.
18 Q And did you observe him doing that before Hr.
19 80la'. fall?
20 A Not that I recall. I was not in the general
21 are. wh.n h. started.
22 Q Prior to Mr. Sola's fall, or even before he
21 caa. in the store, do you reaeaber s.eing any warning signs
24 put In place by John V. associated with th. floor cleaning
2!l duties?
37
.~
~
1 A I don't recall that day.
2 Q Do you have a general recollection about what
3 you recall happening that day?
4 A Yes. I was on the phone with a customer and
5 two of the employees, which was Deb Roach and John V.,
6 approached me when I was hanging up the phone and they asked
7 where Ruth was. And I replied that she was in the garage
8 area, towards the back of the store. And I turned around
9 and went to find her, to help them find her. And they had
10 mentioned that someone had fallen.
11 Q At any point, did you see Mr. Sola after his
12 fall?
13 A After his fall.
14 Q And what did you see?
15 A I saw hi. standing up. And at that point,
16 Ruth had gone to hi., and he was like against the counter,
17 standing up at that point.
18 Q At that ti.e, do you recall seeing any
19 warning signs about wet floor signs or anything in place in
20 the store at the ti..?
21 A Yes.
22 Q And where did you see those signs or sign?
2 J A There ware two signs. One was near the front
24 entrance, which would baye been the parking lot entrance.
25 Near the wind chi.. display. And the otber was placed near
31
-.
~
1 the -- like the Old Gettysburg side door. Not too many
2 people come in that door.
3 Q Ma'am, I will ask you the same questions with
4 reqard to these photographs. As it relates to Exhibit
5 Number 1, do you recognize what is in that photograph?
6 A Yes, I do.
7 Q And what is in that photograph, what does
8 that depict?
9 A That is the front entrance from the parking
10 lot side of the store.
11 Q Do you recognize what is contained in this
12 photograph Number 21
13 A Yes, that is right inside the same door near
14 the wind chime display and the mat and the wet floor sign,
15 and directly ahead is the cooler.
16 Q Generally speaking, does this, the location
17 of the wet floor sign in this photograph, generally depict
18 whera you saw it the day of Mr. Sola's fall?
19 A Yes.
20 Q Do you know whether or not Mr. V. was using a
21 bucket during the course of this floor cleaning work?
22 A If he was aoppinq the floor. traditionally
23 they do.
24 Q Ma'aa. I aa going to ask you to look at a
25 couple of thinqs. Does this look like the kind of wat floor
39
~
~
1 sign that was used by Mr. V. on the day that Mr. Sola fell
2 down?
3 A Yes, it is.
4 Q I would ask you to look at something else.
5 Does this look like the bucket or kind of bucket that was
6 used by Mr. V. when he was cleaning the floor at the flower
7 shop?
8 A Yes, it is.
9 Q I don't know whether anyone --
10 THE COURT: Pardon?
11 MR. FLOUNLACKER: I said I don't know whether
12 anybody can see, but there is some languaqe on the side of
13 the bucket. Thank you, Ms. Estep.
14 CROSS-EXAMINATION
15 BY MR. DOUGLAS:
16 Q Ma'am, just so I understand correctly, you
17 didn't come out and observe anythinq with respect to the
18 mopping of the floor until after Mr. Sola had fallen?
19 A Yes, that is right.
20 Q And when you came out after he bad fallen,
21 and I beUeve you say had 90tten up, then you saw a wet
22 floor siqn in the area of the wind chimes?
23 A The wind chi.. display near the front door.
24 Q Ob. Ma'am, the wind chi.. d1eplay, which way
25 is that when you 90 inside the door, is that off to the left
40
"'"
~
1 or off to the right?
2 A Okay. Looking at this picture here in front
3 of us, the wind chime display would be on the left-hand side
4 right inside the door.
5 Q Would be over this way? (Indicating)
6 A Yes, but closer like by the door.
7 Q Back in here? (Indicating)
8 A Yeah.
9 Q Did you have any discussions with Mr.
10 Vasiliadis as to whether or not he should have been wet
11 waxing the floor during business hours?
12 A No, I did not.
13 MR. DOUGLAS: I have no further questions.
14 MR. FLOUNLACKER: Thank you, ma' aa.
15 Your Honor, referring back to Mr.
16 Vasiliadis's deposition transcript, I would like to read my
17 cross-examination of the witness that wasn't covered during
18 the course of the original reading.
19 For the record, the questions are being asked
20 by ayself and the witness answering the questions is John
21 V.sUi.dis.
22 (Reading) Question: John, I'm going to show
23 you a picture. For the record, I am going to note it has
24 been previously aarked as Exhibit Number 5 to Mr. Sola's
25 deposition.
41
"""'I
1"""'\
1 John, take a look at that picture. Do you
2 know whether it depicts the view coming from the Gettysburg
3 Road entrance to the store, or the so-called parking lot
4 entrance to the store?
5 This is the parking lot entrance here.
6 Do you see the yellow wet floor sign about
7 the center of that picture?
8 Yes, I do see that.
9 Does that depict or represent the kind of
10 slippery when wet floor sign that you used or posted when
11 you were generally engaged in cleaning the floor?
12 It looks like the floor sign that we vould
13 use, yes.
14 I believe you testified earlier you recall
15 placing a sign like that in the vicinity of the vind chime
16 area for the entrance from the customer parking lot. Is
17 that correct?
18 Yes.
19 Generally speaking, does that depict the
20 general location of the slippery when wet floor sign or the
21 location where you placed it prior to commencing your work
22 on the floor?
23
24
25
That would be the general area.
(End of readinq)
THI COURT: Is that it?
42
~
~
1 MR. FLOUNLACKER: Yes, Your Honor.
2 Nothing further, Your Honor. At this time
3 the defense rests with the admission of photographs 1 and 2.
4 THE COURT: All right. You are not movinq on
5 the bucket or the sign.
MR. FLOUNLACKER: No, they are exemplars,
6
7 Your Honor.
a
9 that it?
10
11
12 two photos.
13
14
15
16
17
la
19
THE COURT: All right. You are resting. Is
MR. FLOUNLACKER: Yes. the defense rests.
THE COURT: I previously had admitted those
Is there any rebuttal?
MR. DOUGLAS: Just about one minute.
Whereupon,
TERRY L. SOLA
called as a witness in rebuttal,
having previously been duly sworn,
testified as follows:
DIRECT EXAMINATION
20 BY MR. OOUCLAS:
21 Q Terry, when you entered this store before you
22 fell, was that siqn sitting in that location?
23 A No. sir.
24 Q Where was that sign in relattonship to the
25 door?
43
~
~
1 A I didn't see it anywhere.
2 Q You said that you saw -- you did see a sign,
3 however, when you were laying on the ground. Where was that
4 sign located?
5 A There was a man and woman standing there
6 talking. The man was mopping the floor, and somebody else.
7 And when they came over to me, that is when I seen the sign.
8 It was behind them.
9 Q Would it be fair to -- it might be easier if
10 you point it out, where were they standing in the store?
11 TUrn so the jury can see it.
12 A Okay. They were standing back in here.
13 (Indicating) He was on the -- as I aa looking at him
14 Q As you are looking at the photograph?
15 A Right. He was there. (Indicating) And this
16 other person was right there, the other lady. The sign was
17 right back behind, back of him. So when he moved to help
18 me, that is when I seen the sign.
19 MR. DOUGLAS: cross-examine.
20 CROSS-EXAMINATION
21 BY MR. FLOUNUCKER:
22 Q Mr. Sola, after your fall when you were
33 looking around at these signs, isn't it possible that the
24 sign that you observed was by the front door?
25 A NO, sir.
44
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1 Q Do you recall when I asked you about that at
2 your deposition?
3 A Yes, sir.
4 MR. FLOUNLACKER: permission to approach,
5 Your Honor.
6 MR. DOUGLAS: Your Honor, I am going to
7 object to the form until we define what is the front door.
8 MR. FLOUNLACKER: The front door, as has been
9 testified to, is the door that has been depicted in Defense
10 Exhibit Number 1, were the parking lot entrance doors as has
11 been referred to as well. Is that okay?
12 MR. DOUGLAS: I believe there is some
13 confusion on that point.
14 BY MR. FLOUNLACKER:
15 Q My question is very simple, sir. Isn't it
16 possible that after your fall while you were laying there on
17 the floor that you did observe a sign that was in the
18 vicinity of the front door?
19 A No, sir. cause I vent back to the store for
20 my.elt.
21 Q I would like to r.fer to your deposition when
22 you talked .bout this. Do you recall giving a d.position in
23 this cas. on July 21. 1997, in ay office?
24 AYe., .ir. 1 don't have .Y 91......
25 Q Do you need gl...e.?
45
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f"'\
1 A I don't have them. I forgot them.
2 Q Do you want me to read it for you?
3 A Could you, please?
4 MR. FLOUNLACKER: He doesn't have his
5 glasses, Your Honor. I need to help him out.
6 BY MR. FLOUNLACKER:
7 Q (Reading) The question was: When you say if
8 you asked, scrubbing, what made you think they were
9 scrubbing or waShing or waxing at all?
10 Answer: No, I said if you were to ask me
11 after I fell.
12 Question: After you fell?
13 Answer: Yes, sir, after I fell I would have
14 said I guess they are scrubbing, but I heard her say about
15 the wax to that guy. And he went like this, like he
16 couldn't do anything about it. And she, she was awful
17 upset. She said she was sorry and this and that. I said I
18 didn't see no sign. That is another thing, I didn't see no
19 sign. She pointed to a sign way on the other side of the
:10 store. What you are calling the front door of the store,
21 there was a sign. But I don't even know if that ia the
22 front door. I think where I want in is the front door, but
23 I don't know. (End of Reading)
Z4 Does that refresh your recollection, .ir. a.
25 to whether or not it 1a pos.ible that the sign you did see
46
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1 after your fall was right by the front door?
2 A No, sir, cause I went back after the
3 deposition to
4 THE COURT: Please--
5 THE WITNESS: I'm sorry.
6 THE COURT: -- the mike. Use the mike.
7 THE WITNESS: I'm sorry. I went back to the
8 store after the deposition cause I was so mixed up. It
9 happened four and a half years ago. I went back, and then I
10 did see that there is a door in the front, which I never
11 even knew there was there. This sign was over by this door
12 that is facing the Old Gettysburg Road.
13 MR. FLOUNLACKER: Thank you.
14 THE COURT: Anything else?
15 REDIRECT EXAMINATION
16 BY KR. DOUGLAS:
17 Q Just so ve are clear on this point, when you
18 are talkinq about the front door, you are talking about the
19 door you didn't come in?
20 A Yes, sir.
21 KR. DOUCLAS: I have no further question..
22 KR. FLOUNLACKER: Nothinq further, Your
23 Honor.
24
25
KR. DOUCLAS:
You _y step down.
We rest. Your Honor.
THE COUIlT:
47
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I"'.
1 THE COURT: Any surrebuttal?
2 MR. FLOUNLACKER: No, Your Honor.
3 THE COURT: Ladies and gentlemen, the
4 testimony is closed, even faster than I suggested to you.
5 So I have to get together with the lawyers to review vhat
6 pieces of law we are going to instruct you on. And that
7 will take a little bit of time. Not an hour or anything
8 like that. But it will take fifteen or twenty minutes, I
9 suppose. Is there coffee upstairs. Jen?
10 THE TIPSTAFF: Yes, Your Honor.
11 THE COURT: So I all going to ask you to go
12 back upstairs since it is too early to break for lunch. And
13 I will review this, and then counsel will have a chance to
14 make some arquments to you. and I will be giving you the law
15 and we will be movinq on this case pretty quickly.
16 I ask you not to discuss the case among
17 yourselves upstairs at this point because I haven't given
18 you the law to discuss on it yet, what you are going to
19 apply to it. So talk about something else while you are up
20 there and you vill have this case for decision very shortly.
21 We are now going to be in recess.
22 (Whereupon. a rec.ss was taken.)
23 THE COURTl Ladies and gentlemen. Counsel
24 have the opportunity to give you their suggestions abOut
25 what you should find in this c.... And we start with
41
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,-,
1 defense counsel.
2 (Whereupon, John Flounlacker, Esquire,
3 closed on behalf of the Defendants.)
4 (Whereupon, William P. Douglas, Esquire,
5 closed on behalf of the Plaintiff.)
6 CHARGE OF THE COURT
7 THE COURT: Ladies and gentlemen, in civil
8 cases such as this one, the plaintiff has the burden of
9 proving those contentions which entitle him to relief. When
10 a party has a burden on a particular issue, his contention
11 on that issue must be established by a fair preponderance of
12 the evidence. The evidence establishes a contention by a
13 fair preponderance of the evidence if you are persuaded that
14 it is more probably accurate and true than not.
15 Put it another way, thinJt if you will of the
16 ordinary balance scale with a pan on either side. on the
17 one side of the scale, place all the evidence favorable to
18 the plaintiff on that particular question that he must
19 prove. And on to the other place all the evidence favorable
20 to the defendant.
21 If after considering the comparable wei9ht of
22 the evIdence you feel the scales tip ever so slightly or to
23 the sli9htest deqree in favor of the plaintiff on that
24 particular question that he must. prova' your varcUet must be
2S for the plaintiff on that question. If the scales tip in
49
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1 favor ot the defendant, or are equally balanced, your
2 verdict on that question must be tor the defendant.
3 In this case, the plaintift has the burden of
4 proving the following propositions that you will see on the
5 verdict slip, ladies and gentlemen: that the defendant was
6 negligent, and that this negligence was a substantial factor
7 in bringing about the accident.
8 The defendant has the burden of proot on
9 contributory negligence, which we will discuss in a second.
10 I aay invite your attention to various factors here, perhaps
11 in evidence, or .ore likely on the law, but don't atte.pt to
12 read anything into my aanner of delivery to you of these
13 re.arks, that you feel the Judge wants you to decide it this
14 way or that way. I have absolutely no opinion on that,
15 ladies and gentle.en. And I wouldn't want you to think that
16 I had.
17 In any event, the determination of all the
18 facts in the case is exclusively for you folks. This is a
19 classic jury case where the jury decides the facta, and then
20 applies those facts to the law as I am givinq it to you.
21 consider counsels' arquaents to you in aalting
22 up your minds what the tacts are. It is your duty to
23 consider, as far as you can recall it, all the evidence,
24 whether referred to by court or counselor not, and to give
25 to each IInd every part of it such wei9ht a. yOU think it is
50
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1 entitled to.
2 Where there is a conflict in the case, from
3 one side to the other, it is your duty to reconcile the
4 conflict if you can.
5 Where the conflict in the testimony cannot be
6 reconciled, it is your duty to determine what the truth of
7 the matter really is. That is to determine the truth or
8 falsity of the various pieces of testimony and what the
9 facts really are.
10 You are the sole judges of the credibility of
11 each and every witn.s. who ha. testified. And that is a
12 most i.portent matter where there is any conflict in the
13 testimony.
14 credibility doe. not aean aerely truthfulne.s
15 or the lack of it, althou9h that i. an iaportant el..ent.
16 credibility al.o involve. accuracy of
17 recollection and accuracy of ob.ervation. It i. po.sibl.
18 that a witness intended and de. ired to tell the truth, and
19 yet throu9h faulty aeaory or faulty observation i. mi.tak.n
20 in hi. or h.r te.tiaony.
21 In passing upon credibility of all witn...e.,
22 you have the ri9ht to con.id.r their accuracy or inaccuracy
23 of aeaory and obs.rvation, th.ir appearance on the .tand.
24 their mannar of testifying, th.ir apperent candor and
25 fairn..., or the lack of it, their apparent intelli9.nce. or
51
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,...
1 the lack of it, the probabilities or improbabilities of
2 their stories, and all the surrounding circumstances, and to
3 determine which of the witnesses are more worthy of credit
4 and belief.
5 In reachinq your ultimate conclusion, you
6 should be guided solely by the testimony presented to you
7 and the proper inferences to be drawn from that testimony
8 and my instructions on the law. Do not be influenced by
9 fear or favor, nor by prejudice or sympathy.
10 You cannot use speculation or conjecture on
11 any matter not in evidence.
12 In deciding what the facts are, ladies and
13 gentlemen, you may properly apply your own comaon sense and
14 draw upon your own every day practical knowledge of life as
15 each one of you has experienced it.
16 The mere happening of an accident i. neither
17 .vidence of a breach of any duty on the part of defendant of
18 care, nor doe. the mere happening of an accident raise a
19 pre.umption of negligence.
20 The term negligence, otherwise known a.
21 car.le..ne... would be the absence of ordinary care which a
22 r.a.onably prudent per.on would exercise in the
2) circumatance. pre..nted.
24 Neg11gent conduct may consist eithsr of an
25 act or an omis.ion to act when ther. i. a duty to do .0. In
52
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1 other words, negligence is a failure to do something which a
2 reasonably careful person would do, or the doing of
3 something which a reasonably careful person would not do, in
4 light of all the surrounding circumstances established by
5 the evidence in this case. It is for you to determine how a
6 reasonably careful person would act in these circumstances.
7 Ordinary care is the care a reasonably
8 careful person would use under the circumstances presented
9 in the case.
10 It is the duty of every person to use
11 ordinary care for his or her own safety. And what
12 constitutes ordinary care varies according to the particular
13 circua.tance. and conditions existing then and there in the
14 s1 tuation. The amount of care required by the law must be
15 in keepin9 with the degree of danger involved.
16 Those are the general rules on negligence for
17 anybody involved in a case.
18 The defendant claim. that the plaintiff was
19 contributorily negligent under the.e .... standards. And
~o the defendant has the burden of provin; the existence of
21 such contributory negligence usinq the same pan scale that I
22 told you about on the questions.
H You must, therefore, determine whether the
24 plaintiff was neqliqent in that a. an ordinarily prudent
:15 person under all the circumstance. then pr...nt, he faUed
53
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1 to exercise reasonable care for his own protection. If you
2 find the plaintiff was negligent, you must then determine
3 whether his conduct was a substantial factor in bringing
4 about his own injury.
5 Contributory negligence is a defense for
6 which the defendant has the burden of proof. The burden is
7 not on the plaintiff to prove his freedom from contributory
8 negligence. The defendant who defends on the ground of
9 contributory negligence must prove that defense by a fair
10 preponderance of the credible evidence in line with the pan
11 scale I have told you about.
12 So let me tell you about comparative
13 negligence law in Pennsylvania for a second. If you find
14 the defendant was negligent, and that such negligence was a
15 substantial factor in bringing about plaintiff's harm, you
16 must then consider whether the plaintiff was contributorily
17 negligent.
18 You don't have to remember these exact words
19 I am telling you, ladies and gentlemen, because they will
20 pop up. they will pop up at you on this jury sheet, the
21 special questions I a. having you answer. Answer the. in
22 the order presented because each question will tell you
23 whether to proceed further or whether to return to the
24 courtroom.
25
But if you find defendant generally
54
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--
1 negligent, then you would have to apply law we have here in
2 Pennsylvania called the Comparative Negligence Act. The
3 fact that the plaintiff may have been guilty of contributory
4 negligence shall not bar a recovery by that plaintiff where
5 such negligence was not greater than the causal negligence
6 of the defendant. But any damages sustained by the
7 plaintiff shall be diminished in proportion to the amount of
8 negligence attributed to the plaintiff.
9 There is a specific question on this, ladies
10 and gentlemen. that tells you exactly how to apportion these
11 particular items looking at the whole thing as a matter of a
12 hundred percent. So you may say. for example, defendant,
13 defendant was sixty percent negligent, plaintiff was forty
14 percent negligent. If that is the case, you put that down
15 on your sheet. Or you may say the flip-flop of that
16 question also. The defendant was twenty percent negligent,
.7 plaintiff was eighty percent negligent. Just whatever it is
18 that you decide, if you get to that question.
19 All you have to do is look at the sh.et.
20 ladies and gentlemen, and I think it is kind of going to be
~1 self-explanatory on that question. Now, th.re i. a question
~2 for each party in the ca...
23 In order for the plaintiff to recover in the
24 c.... the def.ndant.. neqliqent conduet aust have been a
25 .ubstanti.l factor in bringing about the accident. This i.
55
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1 what the law recognizes as legal cause.
2
A substantial factor is an actual, real
3 factor, although the result may be unusual or unexpected,
4 but it is not an imaginary or fanciful factor, or a factor
5 having no connection, or only an insignificant connection
6 with the accident.
7
That question will apply to both parties if
8 you find each of them negligent, you will have to answer.
9
Now, as to the duty of the flower shop, an
10 owner of a premises, such as the flower shop. is required to
11 use reasonable care in the maintenance and use of the
12 property. If you find the owner has -- which is the
13 defendant flower franchiser -- if you find that the owner
14 has failed in this regard, that is negligence and may make
15 the owner liable for any resulting daaages to one laWfully
16 on the property.
17
What is reasonable care depends on and must
18 be in keeping with the use the defendant expected to be made
19 of the property.
20
Public invitee i. a person vho is invited to
21 enter and remain on the land as a .saber of ths public for a
22 purpose for which the land is held open to the public. Mr.
23 Sola is such an invitee, as you would be if you went in to
24 buy flowers.
25
An owner of land ia rsquired to use
56
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,.....
1 reasonable care in the maintenance and use of his or her
2 property and to protect his or her invitees from foreseeable
3 harm.
4 An owner of land is also required to inspect
5 the premises and to discover dangerous conditions and to use
6 care not to injure an invitee by negligent activity.
7 An owner of land is liable for harm caused to
8 his or her invitees by a condition on the land if the owner
9 knows, or by reasonable exercise knows, or by the exercise
10 of reasonable care would discover the condition. and should
11 realize that it involves an unreasonable risk of harm.
12 Two: Should expect that his invitees vill
13 not discover or realize the danger, or will fail to protect
14 themselves again.t it.
15 And, three, owner fails to exercise
16 rea.onable care to protect them against the danger.
17 A owner of land is Uable to his or her
18 invitee. for any harm the owner should bave anticipated
19 regardless of whether the danqer is known or obvious.
20 Well, those are the qeneral rule. about
21 runninq a buslne.. and your duty to ths public, ladies and
22 gentleaen. And also the C)enerd rule. about negl1,ence
23 which you are qainq to ba uslnq in this ca... ,",at 1a aU
24 the law that you need to know to decide the qu..Uona
25 pre.ented to you.
57
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1 Upon retiring to the jury room, I suggest you
2 pick a fore.an or forelady to preside over the
3 deliberations. And, of course, that person's vote is
4 entitled to no greater weight than any other person on the
5 jury, but that person will speak for all of you by signing
6 the verdict slip and announcing it in the courtroom later
7 on.
8 If in the course of your deliberations you
9 should find yourself in serious doubt concerning so.e
10 portion of my instructions to you on the law, it is your
11 privilege to return to the courtroom for clarification of
12 those instructions. In such an event, send a note to me
13 through Mrs. Morgan outlining what the question is.
14 You shouldn't attempt to communicate with the
15 court by any means other than a signed writing. And I can't
16 communicate with you folks on ani matter touching the merits
17 of this case, otherwise, in writing or right here in the
18 open courtroom together with everybody assembled.
19 You should not at any time reveal, even to
20 the court, how you stand numerically until you have reached
:u a verdict.
22 I a. not sugqestinq that you send .. notes
23 asking tor clarifications, ladies and gentle_n. I am
24 suq;esting that you use your collective recollections in
25 what I have tried to tell you about the law applied to the
51
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~
1 case. But I am merely explaining the mechanism to you.
2 Your verdict must represent your considered
3 final judgment. And under Pennsylvania law, in civil cases,
4 when ten of you folks have decided on an answer to a
5 question, that is the answer of everybody on the jury and go
6 to the next question. I encourage you to be unanimous,
7 ladies and gentlemen, but I am merely saying Pennsylvania
8 law says when ten of you have decided on an answer, that
9 binds everybody and move on to the next question.
10 You will get instructions to proceed after
11 the answer is given to each question, and it will tell you
12 whether to move on, or whether to come back to the
13 courtroom, or exactly what to do. So answer the questions
14 in the order presented to you.
15 I would like to ask counsel if I have made
16 any misstatements of fact or errors of law.
17 MR. DOUGLAS: Can we approach?
18 (Whereupon. the following discussion
19 vas held at side bar.)
20 MR. DOUGLAS: Just with respect to L6, if in
21 addition to the duties oved to the public, with respect to
22 the land, there i. also a situation where an eaployee's
23 n891iqence can. if he creates that danqerous condition
24 hi..elf, that they can be held liable for that. which would
2S be in addition to what you ebaf'98d. If the ellploye. creates
S9
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1 a dangerous condition --
2 THE COURT: Are you saying the act of the
3 employee is the act of the owner?
4 MR. DOUGLAS: Yes.
5 THE COURT: I thought I already had that
6 straightened out.
7 MR. FLOUNLACKER: I did too.
8 MR. DOUGLAS: Nobody -- no, but if he creates
9 the dangerous condition he can be held liable for that
10 whether the employer had notice or not. I mean
11 (End of .idebar conference.)
12 THE COURT: I will .ay this, in case it
13 wa.n't clear earlier, ladies and gentle.en, when I say the
14 owner, Vasiliadis, or the fellow who was doing the jOb,
15 stand. in the boot. of the owner here. I think we all
16 understand that.
17 THE COURT: If that is it, counsel --
18 MR. DOUGLAS: Ye., Your Honor.
19 THE COURT: All right. I have two exhibit.,
~o the.e two picture., which we will let go up. And .omebody
21 will hand thoee to you.
22 Mr.. Morqan, I ask you to take the jury,
23 retire and deliberate. I have alternate. .ittinq on the end
24 up there. If you folks would stick "ith H, pl...e, I have
25 .ome .pecial instructions for you.
60
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1 It is 25 after 11. I think the first order
2 of business for you is to decide do you want lunch. If you
3 do, I will get sandwich and salad menus up there to you
4 posthaste. You should not take too long to decide that
5 question because it takes a half hour, even more, to get
6 anythin9 down here to you. And so go to work on that
7 question first so we can accommodate you folks.
Mrs. Morgan, I ask the jury to retire and
8
9 deliberate.
10
11
12
13
14
15
16
(Whereupon, the jury retired to begin
deliberations at 11:25 a.m.)
(Whereupon, the alternate jurors were
dismissed. )
(Whereupon, the jury returned to the
courtroom with a question at 1:10 p...)
THE COURT: Ladies and gentlemen, have you
17 had your lunch?
18 THE JURY:
19 THE COURT:
20 Fore..n. Is that you, sir?
21 THE FORDCAM: Yes. sir.
22 THE COURT: our discu.sion i. n8C88nrily
23 goinq to be one-sided, and I will be just aaki", you yes or
24 no probably to an underatandinq of my que.tion.
25 I had three questions here. I will take
Yes. sir.
Good. I have your question, Mr.
61
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,...,
1 number two first. Quote: Was a critical incident report
2 written up by Royer'S following the accident, question mark,
3 unquote.
4 The answer is, ladies and gentlemen, please
5 disregard any further discussion of this matter as it has
6 not been made a part of the evidence by either side. That
7 matter is irrelevant.
8 I will go to question nulllber three, Quote:
9 What are the duties of the invitee, question mark. Please
10 review again. Close quote.
11 I am going to -- I am going to discuss
12 negligence generally and ordinary c\re. Those would be the
13 duties of either side in regard to ne1ligence and oriinary
14 care.
15 The legal term negligence -- re.ember, the
16 defendant is saying that the plaintiff is contribUtorily
17 negligent as a defense. The tera negligence, ~therwise
18 known as carelessness, is the absence of ordinary care which
19 a reasonably prudent person would exercise in the
20 circumstances presented.
21 Negligent conduct may consist either of an
22 act or an o.ission to act where there is a duty to do 80.
23 In other words, neglige~ i. the failure to do soaethinq
H which a reasonably careful penon would do, or the dolnq of
25 soaethinq which a reasonably careful penon vould not do, in
62
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'"
1 the light of all the surrounding circumstances established
2 by the evidence in the case.
3 It is for you to determine how a reasonably
4 careful person would act in the circumstances.
5 Ordinary care is the care a reasonably
6 careful person would use under the circumstances presented
7 in the case.
8 It is the duty of every person to use
9 ordinary care for his own safety. And what constitutes
10 ordinary care varies according to the particular
11 circumstances and conditions existing then and there.
12 The amount of care required by the law must
13 be in keeping with the degree of danger involved.
14 So although you have asked me what the duties
15 of the invitee are, I say that those rules about negligence
16 and ordinary care apply to both side. in the case generally.
17 ladies and gentlemen.
18 Your last question is this, Quote: What are
19 the duties of the owner, what constitute. negligence by the
20 owner, que.tion mark. Four point.. Plea.e review.
21 End of quote.
22 An owner of a pr..i.e., such a. the owner of
n this flower shop. i. required to u.e rea.onable care in the
24 ..intenance and u.e of the property.
25 If you find the owner has railed in this
u
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1 regard, that would be negligence that may make the owner
2 liable for any resulting damages to one lawfully on the
3 property.
4 What is reasonable care depends on and must
5 be in keeping with the use the defendant expected to be mad.
6 of the property.
7 A public invit.e, such as the plaintiff, is a
8 person who is invited to enter and remain on the land as a
9 member of the public for a purpose for which the property is
10 held open to the public.
11 I guess more to the point, as far as you have
12 asked me, the owner of the land is required to use
13 reasonable care in the maintenance and us. of his property
14 and prot.ct the invite.s fro. fores..able harm.
15 An owner of land is also required to insp.ct
16 the preaises and discover any dangerous conditions, and to
17 us. care not to injure a business invitee by negligent
18 activity.
19 An owner of land is liable for harm caused to
20 invitees by condition on the land if the owner, one, knows,
21 or by the exercise of r.asonable care would discover the
22 condition, and should realile that it involves an
23 unreasonable risk of har..
24 Two: The owner should expect that his
25 invite.s vill not discover or r.alile the danger or viII
64
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1 fail to protect themselves against it.
2 And, three, the owner fails to exercise
3 reasonable care to protect the invitee against the danqer.
4 Those are the three elements.
5 An owner of land is liable to the invitee for
6 any harm the invitee should have -- excuse me, I will start
7 over. The owner of land is liable to the invitee for any
8 harm the owner should have anticipated, regardless of
9 whether the danger is known and obvious.
10 Mr. Foreman, have I answered your question
11 satisfactorily, sir?
12 THE FOREMAN: I believe so. Yes.
13 THE COURT: Counsel satisfied with the
14 explanation?
15 MR. DOUGLAS: Yes, Your Honor.
16 MR. FLOUNLACKER: Yes, sir.
17 THE COURT: Mrs. Morgan, I ask you to further
18 retire and deliberate now.
19 (Whereupon, the jury withdrew from the
20 courtroo. for further deliberations at 1:17 p...)
21 (Whereupon, the jury returned to the
22 courtrooa with a second question at 1: 55 p...)
23 THI COURT: Mr. roreaan? I have your
24 questions. quote: What 18 the ..aninq of the word
25 substantial in questions two and four? Unquote.
65
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1 The best I can do is review what I said for
2 you. The conduct in the particular question, be it
3 plaintiff or defendant, must have been a substantial factor
4 in bringing about the accident. That is what the lav
5 recognizes as a legal cause.
6 A substantial factor is a real, actual
7 factor. although the result may be unusual or unexpected,
8 but it is not an imaginary or a fanciful factor or a factor
9 having no connection or only an insignificant connection
10 with the accident.
11 Is that answer sufficient for your work, sir?
12 THE FOREMAN: Yes.
13 THE COURT: Good. Second question, quote:
14 Do we need ten or more no's as well as no ten or more yes's,
15 to not be a hung jury, question _rk. Saae ten, question to
16 que.tion, question mark, unquote.
17 Obviously you understand that to put a yes or
18 a no on a particular question, ten of you must agree Whether
19 it i. ye. or no. As to whether you have to have the sa_
20 ten froa question to question, you do not, sir. Absolutely
21 do not. Have I answered that question?
22 THE fOREMAN: Yes.
23 THE COURT: All ri;ht. I uk the jury to
24 r~tire and further deliberate.
25 (whereupon. the jury "ithdrew for further
66
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~
1 deliberations at 2: 00 p.m.)
2 (Whereupon, the jury returned to the
3 courtroom at 2: 55 p.m. )
4 THE COURT: Ladies and gentlemen of the jury,
5 Mr. Foreman, I have your statement, quote: We cannot get
6 ten yes's or no's on question number one. What is our next
7 step, question mark, unquote.
8 Let me say this, and then I will ask you a
9 question after I have said it.
10 Your function in a case to reach a fair
11 conclusion from the evidence and the applicable law is
12 i.portant. Your verdict should be reached only after
13 careful and thorough deliberation in the course of which you
14 .hould consult with each other and discuss the evid.nce and
15 reasonable inf.rences to be drawn ther.from fre.ly and
16 fairly in a sinc.re effort to arrive at a just verdict.
17 It is your duty to con.id.r the isau.. with a
18 view towards reaching an agr.e..nt on a verdict if you can
19 do so without violating your individual judgment and your
20 conscienc..
21 You must each decid. the ca.e for yours.lf,
22 exaaining the issues and .vid.nc. with candor and franknes.,
23 and with proper defer.nce to and reqard for the opinion. of
24 each oth.r.
25 Your consideration requires that you be
67
.""
""
1 willinq to re-examine your own views and to change your
2 opinion if convinced that it lacks merit or validity. While
3 maintaining this flexibility, you are not required to
4 surrender your honest conviction as to the weight or effect
5 of evidence solely because of another juror's opinion or for
6 the mere purpose of reaching a verdict.
7 Having said that, Mr. Foreman, do you believe
8 that any further deliberations on this case would result in
9 a forward movement by this jury?
10 THE FOREMAN: I feel not hopeful toward that.
11 It seems as if
12 THE COURT: You don't feel that is going to
13 be productive. Is that what you are telling me?
14 THE FOREMAN: Right. It se... --
15 THE COURT: Okay. I a. not getting into why
16 or wherever and so forth.
17 Gentl...n, it looks like we have a probl..
18 here. Do you agree?
19 MR. DOUGLAS: Yes. Your Honor.
20 MR. rLOUNLACKER: Ye., Your Honor.
21 THE COURT: All riljht. Well, if you are
22 stuck. ladies and qentlaaen, then I a. going to declare a
23 mistrial in the c..., and we will get it resolVed in _0118
24 other fashion.
25 So I do declare a mistrial and reI.... this
68
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1 jury from further deliberations.
2 okay, that closes the record.
3 You are all excused, gentlemen. I have a few
4 words for the jury.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
n
22
23
24
25
(Whereupon, the proceeding was concluded
at 3:00 p...)
It
. .._-----. ~ ........
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1
2
3
CERTIFICATION
4
5
6
I hereby certify that the proceedings are
7 contained fully and accurately in the notes taken by me on
8 the above cause and that this is a correct transcript of
9 same.
10
11
12
13
14
15
Parley
Court Reporter
----------------------------------
16
The foregolnq record of the proceedinqs on the
17 hearing of the within utter is hereby approved and directed
18 to be filed.
19
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Date
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TERRY L. SOLA
AND PATSY J. SOLA,
IN THE' COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS
V.
NO. 4~' ,14~ 7 (i~~L
FLOWER FRANCHISING, INC.,
tta ROYER'S FLOWERS AND ROYER'S CIVIL ACTION - LAW
FLOWERS, INC..
DEFENDANTS
5/0 S~t~t- I J- +~ Sf.
Lcbal\CIt {JA
PRAECIPE POR WRIT OP SUMMONS
To Prothonotary of the said Court:
Please issue Writ of Summons in the above captioned action.
Writ of Summons shall be issued and forwarded to CUmberland
County Sheriff for deputizing of Lebanon County Sheriff and
service.
Respectfully submitted,
FRIE
R1C Esqulre
600 N. Second Street
Penthouse Suite
P.O. Box 984
Harrisburg. PA 17108
(717) ~)6-8000
Date:~
Attorney 10 number - 07176
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THOMAS, THOMAS II HAFER
John Aounl.cket, Esquire
I.D.' 73111
305 North Front Street
P.O. 10. 999
Harrlsbura, PA 17101-0999
(717) 137-7134
(717) 137-7105 (fu)
Attorney fOf DefencWlt
TERRY L. SOLA and PATSY J. SOLA,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVil ACTION. LAW
Plaintiffs
Y.
: NO. 5467-5-1996
FLOWER FRANCHISING, INC. I/a ROYER'S
flOWERS and ROYER'S flOWER'S, INC.
Defendant : JURY TRIAL DEMANDED
PRAECIPE TO FILE A COMPLAINT
TO THE PROTHONOTARY:
Please enter a RULE upon Plaintiffs to file a Complaint within twenty (20) days hereof or
suffer the entry of a Judgment of Non Pros.
THOMAS. THOMAS & HAFER
" // ,/..f
, t,/I' /, '{'IlK (
J Flounlader, Esquire
Counsel for Defendant
RULE TO FILE A COMPLAINT
AND NOW, this &. day of It t"- . 1996, a RULE is hmbv ~ upon Plaintiffs
to file a Complaint herein within twenty (201 days afteI' stMa hereof or suffer the entry of a
Jw...~.\t of Non ProI.
JI" i '.' 1
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TERRY L. SOLA and
PATSY J. SOLA,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
Clto 5L.f t,-r C.......\i letv""
v.
No. 5467-S-1996
CIVIL ACTION - LAW
FLOWER FRANCHISING, INC.,
t/a ROYER'S FLOWERS and
ROYER'S FLOWERS, INC.,
Defendants
.
.
NOTICE
TO DEFENDANTS NAMED HEREIN:
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 Plaintiffs. You may lose
money or property or other rights important to you.
YOU SHOULD TAXE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, CO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
cumberland county Court House, 4th FIr.
1 Courthouse Square
Carlisle, Pennsylvania 17013-3387
(717) 240-6200
La han demand ado a usted enla corte. Si usted quiere
defenderse de estas de..ndas expuesta. en la. paginas siquiente..
usted tiene viente (20) dias de plazo al partie de Is fecha de la
de..nda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en
fora. escrita sus defensas 0 su. objecionas alas d...ndas en
contra de su persona. Sea avi.ado que si usted no se defiende,
la corte tamara aedids. I puade entrar una orden centra usted .in
previo avisa 0 notificac on y por eualquier queja 0 alivio que ..
pedido en la peticion de de..nda. Usted puade perdu dinero 0
sua propiedade. a otros derachos importante. para usted.
4. At all times mentioned herein, Defendant acted, or
failed to act, through its agents, servants and/or employees,
actinq for Defendant's benefit under Defendant's control, and
within the course and scope of their authority and/or employment.
5. At all times mentioned herein, Defendant owned,
operated, and was in possession and control of a flower shop
under the name Royer'S Flowers at 3015 Gettysburg Rd., Camp Hill,
Pennsylvania.
6. On or about December 11, 1994, the Plaintiff,
Terry L. sola, was required to walk with crutches as the result
of a crushing injury to his left ankle suffered on or about
october 13, 1993.
7. On or about December 11, 1994, the Plaintiff,
Terry L. Sola, was a business visitor to the flower shop, known
as Royer'S Flowers at 3015 Gettysburq Rd., Camp Hill,
Pennsylvania, and as he entered the store there existed fresh wax
upon the floor, which caused the Plaintiff, Terry L. Sola, to
Slip and fall, strikinq his back on a counter located inside the
doorway to the shop, resulting in serious and perman.nt injuries
a. .et forth below.
8. The accident was caused exclu.ively and solely by
the Def.ndant'. negliqenoa. carelessness, and reckle..n..., in
that:
A. Defendant cau.ed or permitted fr.sh vax to be
applie<' and accuaulate upon the floor at . point where, and a
time when, it posed an unreasonable risk of injury to Plaintiff,
Terry L. Sola, and other business visitors;
B. Defendant failed to make a reasonable
inspection of the floor which would have revealed the existence
of the dangerous condition posed by the application and
accumulation of fresh wax;
C. Defendant failed to give warning of the
dangerous condition posed by the application and accumulation of
fresh wax, erect barricades, or take any other safety precautions
necessary to prevent injury to the Plaintiff, Terry L. Sola, and
other business visitors;
D. Defendant failed to eneure that floor waxing
would be performed at a time other than regular business hours,
and did cause or permit the floor waxing to occur during regular
business hours when it posed an unreasonable risk of injury to
Plaintiff, Terry L. Sola, and other business visitors.
COUllT I
~erry L. 80la Y. Plower praacblslnq, Inc.,
t/a aOyar'. .1owartt. aDd .over'. .1owar.. laa.
9. Paragraphs 1 through 8 of the Plaintiffs'
Coaplaint are incorporated herein as though more fully .et forth
at lenqth.
10. Solely as a result of the Defendant's negligence,
carelessness, and recklessness, Plaintiff, Terry L. Sola,
sustained the below-listed injuries; all of which injuries have
caused the Plaintiff, Terry L. sola, great pain and suffering,
will continue for an indefinite time in the future, and may be
permanent:
a. EMG positive bilateral sciatic radiculopathy
secondary to lateral recess and foraminal
stenosis at L5-S1, with bilateral foraminal
stenosis at L4-L5, caused by or exacerbated
by the fall of 12/11/94;
b. Acute lumbar strain;
c. Persistent severe low back pain radiating
down both legs;
d. Muscle spasms in the lumbar area;
e. Limited lumbar range of motion;
f. Bilateral leg pain;
g. Numbness and tingling in the right leg;
h. Acute cervical strain;
i. Irritable colon with sigmoid diverticular
changes as a direct result of medications
Plaintiff was obliged to take because of the
fall of 12/11/94;
j . Headaches;
k. Severe insomnia because of pain; and
1. Eaotional trauaa and upset.
11. As a result of the injuries listed in paragraph 10
herein, Plaintiff, Terry L. Sola, has undergone the following
treatment and medical procedures:
a. Treatment with numerous medications,
including anti-inflammatory medications,
muscle relaxants, pain medications, and anti-
depressant medications;
b. Numerous lumbar x-rays;
c. Two lumbar MRIs;
d. The application and usage of numerous passive
modalities, inclUding ultrasound, moist hot
packs, interferential stimulation,
osteomanipulative adjustments, and diathermy,
over a period of no less than ten (10)
months;
e. One (1) month of formal physical therapy
combining some of the above-mentioned passive
modalities with therapeutic exercises;
f. Not less than two (2) epidural steroid
injections;
g. An EMG of the bilateral lower extremities;
h. The wearing of a lumbar corset;
i. A barium enema; and
j. A decompression laminectomy at L5 with
excision of a herniated nucleus pulposus at
LS-S1, and bilateral foraminotomies at the L5
and 81 nerve roots.
12. As a result of his injuries, and as a result of
the surgery described above. Plaintiff is at risk to suffer
recurrent disc herniation, or si9nificant intervertebral settling
and fora.insl stenosis, ~ich may require revi8ional surgery.
13. As a result of the injuries set forth in paragraph
10 above, Plaintiff, Terry L. Sola, has incurred bills for
medical care totalling well in excess of $17,000.00, the exact
amount to be determined at hearing, which bills have been or will
be paid by Plaintiff's Medicare HMO, Aetna Sr. Choice, and which
sums are therefore statutorily subject to sUbrogation.
14. Solely as a result of Defendant's negligence,
carelessness, and recklessness, Plaintiff, Terry L. sola, has
been and will in the future be obliged to expend monies for
medicine and medical care in order to treat and help cure his
injuries.
15. Solely as a result of Defendant's negligence,
carelessness, and recklessness, Plaintiff. Terry L. Sola, has
been and will in the future be unable to attend to his usual and
daily habits and pursuits, to his detriment and loss.
WHEREFORE, the Plaintiffs claim damages of the
Defendant in an amount in excess of $25,000.00, together with
coste and interest, and, therefore, not bound for compulsory
arbitration.
COUIIT II
rat., J. '01& v. Plower praaeb181aq. lao..
tis .oyer's Plowers. and .0Yer'. Plowers. lao.
16. plaintiff, Patsy J. Sola, incorporate. all the
preced!nq paragraph. of this Coaplaint as if each and every one
ware individually set forth within this count.
THOMAS, THOMAS .. HAfER
John Flounl.cbt, &quite
1.0.' 73112
305 NOIth Front Street
P.O. 10. '"
HlnlsburJ. PA 1710H99t
(717) 237.7134
(717) 237.7105 (fill)
Allomey for Def........t
TERRY l. SOLA and PATSY J. SOlA,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 5467-5-1996
FLOWER FRANCHISING, INC. tJa ROYER'S
FLOWERS and ROYER'S FLOWER'S, INC.
Defendant : JURY TRIAL DEMANDED
DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT
AND NOW ONTO COURT, through undersigned counsel, comes the Defendants,
Flower Franchising. Inc. lIa Royer's Flowers and Royer's Flower's Inc., who. in Answer 10 the
Complaint of the Plaintiffs, respectfully represenl that;
'-2. It is admitted that the PI.tintiffs are who they say they are.
3. Admitted.
4. Lepl concll.Klons which require no Answer. Where 4111 Answer is deemed to be
required. after re;tsonable investigation. Answerinl Defendant lads information or knowledse
sufficient to form a belief as to the truth of the .~ ront.1iMd in this parasraPh and same .tre
th.,dOl~ denied. strid proof beins detNnded it trial. if ~.tnt.
S. Denied as statfd. t\alt.fWf by -V of f\ll1her explaNtion Answerins Defendant
~ib that they did .... tht buildiftt IMlltd to in the PWntlff"s C~int.
t.. Denied ~ 1ft <ltwd.1n<<o witt\ P.R.C.P. 10~1.
7. Denied as stated. It is admitted that the Plaintiff fell after entering the Defendant's
store.
8. Legal conclusions which require no Answer. Where an Answer is deemed to be
required, after reasonable investigation, Answering Defendant lacks information or knowledge
sufficient to form a belief as to the truth of the averments contained in this paragraph and same are
therefore denied, strict proof being demanded at trial, if relevant.
COUNT I
9. Paragraphs 1 through 8 of Defendant's Answer are incorporated herein and
made a part hereof as if set forth in full.
1 O. To the extent this paragraph avers the Defendant was responsible for the
Plaintiff's injuries that language is denied as a legal conclusion which require no Answer. Where
an Answer is deemed to be required, after reasonable investigation, Answering Defendant lacks
information ()( knowledge sufficient to form a belief as to the truth of the averments contained in this
paragraph and same are therefore denied, strict proof being demanded at trial, if relevant.
11.15. Denied. After reasonable investigation, answering Defendant lacks
information ()( knowledge sufficient to form a basis to the belief as to the truth of the averments
contained in this paragraph and same are therefore denied. strict proof being demanded at trial, if
relevant.
COUNT II
16. ParatraPhs 1 throuah 15 of Defendant's Answer _ incorporated hemn and
rNde a part hereof as if see forth in full.
17.19. To the fxttnt this paragraph awn the Defendant _s mpOl'lsjtM b the
Plaintiff's Injurits that fanauap is ~ ,IS a .1 conclusion which require no Answer. \Vher@
an Answer is .:Iunled to bit ~ after l'NSONbfe ilWftliptian. Answering Defendant I<<kl
information or knowledge sufficient to form a belief as to the truth of the averments contained in this
paragraph and same are therefore denied, strict proof being demanded at trial, If relevant.
NEW MATTER
22. Answering Defendants was not negligent.
23. Any acts or omission of answering Defendants alleged to constitute negligence were
not substantial causes or factors of the subject incident and/or did not result in the injuries and/or
losses alleged by the Plaintiffs.
24. The incident and/or damages described in Plaintiffs' Complaint may have been caused
or contributed to by the Plaintiffs.
26. The Plaintiffs may have assumed the risk.
27. The Plaintiffs may have been contributorily negligent.
28. The incident. injuries and/OI damages alleged to have been sustained by the Plaintiffs
were not proximately caused by answering Defendant.
29. The Plaintiffs may not have properly mitigated his damages.
WHEREFORE, Defendant, Flower Franchising. Inc. lIa Royer's Flowers and Royer's Flower's
Inc.. hereby prays that the CampYint be dismissed. at the costs of Plaintiffs.
Respectfully submitted,
THOMAS THOMAS & HAFER
~'~ \;\~~
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,~/1IL( /t ;4.,/
)oh(i fIounlder, Esquire
]OS North Front Street
HarrisburJ, PA 17108
1117)2)7.7134
CounwI for ~
.
VERIFICATION
I, DEFENDANT, CREC ROYER. hereby state that the statements made in the foregoing
Answer with New Matter to Plaintiff's Complaint are true and correct to the best of my knowledge,
information and belief. The undersigned understands that the statements therein are made subject
to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities.
G IJt~
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TERRY L. SOLA and
PATSY J. SOLA,
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
v.
: No. 96-5467 CIVIL TERM
FLOWER FRANCHISING, INC.,
tla ROYER'S FLOWERS and
ROYER'S FLOWERS, INC.,
Defendants
CIVIL ACTION - LAW
:
:
REPLY TO NEW MATTER
AND NOW come the Plaintiffs, Terry L. Sola and Patsy J.
Sola, by and through their attorneys, Friedman and Friedman,
P.C., and reply to the Defendants' New Matter as follows:
22. The averments contained in paragraph 22 are legal
conclusions to which no response is required. Should it be
determined that a response is required, it is specificallY denied
that the Defendants were not negligent, and proof thereof is
therefore demanded at trial.
23. The averments contained in paragraph 23 are legal
conclusions to which no response is required. Should it be
determined that a response is required, it is specifically denied
that the Defendants' negligent acts and omissions were not
substantial causes or factors of the injuries suffered by the
Plaintiff, Terry L. Sola, and the subsequent da.ages and lo....
suffered by the plaintiff., and proof thereof is therefor.
demanded at trial.
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24. The averments contained in paragraph 24 are legal
conclusions to which no response is required. Should it be
determined that a response is required, it is specifically denied
that the Plaintiffs caused or contributed to the injuries and
subsequent damages suffered by the Plaintiffs, and proof thereof
is therefore demanded at trial.
26. The averments contained in paragraph 26 are legal
conclusions to which no response is required. Should it be
determined that a response is required, it is specifically denied
that the Plaintiffs in any way assumed the risk, and proof
thereof is therefore demanded at trial.
27. The averments contained in paragraph 27 are legal
conclusions to which no response is required. Should it be
determined that a response is required. it is specifically denied
that the Plaintiffs were contributorily negligent, and proof
thereof is therefore demanded at trial.
28. The averments contained in paragraph 28 are legal
conclusions to which no response is required. Should it be
determined that a response is required. it is specifically denied
that the injuries and damages suffered by the Plaintiffs were not
proximately caused by the Defendant, and proof thereof is
therefore demanded at trial.
29. The averaents contained in paragraph 29 are legal
conclusions to which no response is required. Should it be
deteraIned that a response is required, it ia specifically denIed
that the Plaintiffs did not properly mitigate their damages.
"
,
.
VERIFICATION
We, Terry L. Sola and Patsy J. Sola, hereby acknowledge
that we are the Plaintiffs in the foregoing action; that we have
read the foregoing Reply to New Matter; and the facts stated
therein are true and correct to the best of our knowledge,
information and belief.
We understand that any false statements herein are made
subject to penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
(J"' ~ -{ <Z. ~,
Terry L. \7>ola
~so~ ~ ~
Dated~l3,1~7
---
THOMAS, THOMAS & HAFER
John F1ounlacker, Esquire
1.0.1173112
305 North Front SltHt
P.O. Box "9
Harrisburg, PA 17108.(1999
(717) 237.7134
(717) 237-7105 (Fu)
Attomsy for Defendant
TERRY L. SOLA and PATSY J. SOlA,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CML ACTION - LAW
Plaintiffs
FLOWER FRANCHISING, INC. tla ROYER'S
FLOWERS and ROYER'S FLOWER'S, INC.
Defendant : JURY TRIAL DEMANDED
Under an the evidence and law in this case, you must return a verdict for
fendant Flower Franchising, Inc, tla Royer's Flowers and against Plaintiff Terry L. Sola
and Patsy J, Sola.
,
c ' 6. Premises owners are not liable to invitees for physical harm caused to them
/ any activity or condition on the land whose danger is known or obvious to them. Bums
v. Citv of eIliIid~lphla. 350 Pa. Super. 615, 504 A.2d 1321 (1986); Restatement (Second)
ofTorts. S343(a).
-
.
The law in this Commonwealth imposes upon Individuals with a disability a
ater duty of watchfulness and greater vigilance when walking within the
Commonwealth. DiMema v. City of PhiladeIRl!li. 381 Pa.596, 114 A2d 123(55),
Annstrona v. Wamer Brothers Theaters. Inc., 161 Pa. Super. 385, 54 A.2d., 831 (47).
-
.
It is not negligence pre se on the part of an owner to wax his floors. Diver v.
~\ 0 C . 205 Pa. 170, 54 A.2d. 718. The fact that a person falls on a recently
\ ~ waxed floor does not in and of itself justify a finding of negligence on the part of the
owner. McCann v. Phila. Fairfax Com., 344 Pa. 636, 26 A2d. 540.
11
Gc
12. A person is negligent if his conduct falls short of the standard to which a
reasonable person should conform in order to protect himself from harm. Carrender v.
r, 503 Pa. 178, 469 A.2d 120 (1983); Stowe v. Booker, 284 Pa. Super. 53, 424
A.2d 1388 (1981).
12
13. Defendanfs negligence cannot be a substantial cause of an accident where
Plaintiff's injuries would have occurred even in the absence of the Defendanfs
negligence. Hamil v. Bashli~. 481 Pa. 256, 264, 392 A.2d 1280, 1284 (1978).
-
13
L6. Possessors of land owe a duty to protect invitees from
foreseeable harm. A possessor of land is not liable to his invitees for
physical harm caused to them by any activity or condition on the land
whose danger is known or obvious to them, unless the possessor
should anticipate the harm despite such knowledge or obviousness.
There are, however, cases in which the possessor of land can and
should anticipate that the dangerous condition will cause physical
harm to the invitee notwithstanding its known or obvious danger. In
such cases the possessor is not relieved of the duty of reasonable care
which he owes to the invitee for his protection.
Thus, an invitee in certain circumstances must be protected even
from obvious dangers.
In determining whether invitee's failure to observe a dangerous
condition on premises constitutes negligent inattention, the fact that
defendant had diverted the visitor's attention (with eye-catching
displays) is an important factor for consideration.
Jones v. Three Rivers Management Corp.
483 Pa. 75
394 A.2d S46 (1978)
L7. A business visitor entering a place of business is not required to
approach with suspicion and advance with cautious, experimental
steps, when there is nothing to warn him, in advance, that he is
approaching a dangerous condition on the property.
Held v. American Hotel Realty Corporation
106 A2d 582
378 Pa. 196 (1954)
LB. Under all the law and the evidence applicable thereto you must
find in favor of the plaintiff and against the defendant.
Respectfully submitted,
September 13,1999
. '., ()~ 7
':'AJ~~ K.. ~.,~_
William P. Doug as, ~
\J
bifurcated, with the issue of liability being initially
tried, in the event that counsel are able to stipulate on
the record as to the amount of damages to be awarded to the
Plaintiffs in the event that a verdict in favor of
Plaintiffs on liability is returned. In the event that no
such stipulation on the record can be filed, the trial will
not be bifurcated.
Counsel have indicated that some of the
evidence at trial may be presented in the form of prior
testimony read to the jury. A previous trial in this case
resulted in a deadlocked jury.
With respect to settlement negotiations,
counsel have indicated that they do not expect a resolution
of the case.
By the Court,
William P. Douglas, Esqui
Douglas, Douglas (, Douglas
27 West High Street
P.O. Box 261
Carlisle. PA 17013-0261
Counsel for Plaintiffs
John Flounlacker, Esquire
Thomas. Thomas (, Hafer
30S North Front Street
P.O. Box 999
Harrisburg. FA 17106-0999
Counsel for Defendants
Court Administrator
prothonotary
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PRETRIAL CONFERENCE ORDER
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CASE NAME I
I.
II.
III,'
IV.
. .
Pretrial Conferenc, Data '" 7 i
A. Date - lovt.d.. I RIo'O' .2...S, I J
B. Judqe - 0\0 l II "
c. Attorneys/Parties r~. (P'(ll?"""'l P.lJ,,:o >s', :"}~ '
DO-. ~ 0"'17 rl "c, 1~(I;J I $-,{,
Nature of Case ~ ~- '-I J d, ,;
A. Cause of Action r ~I ~ C '0'. '2J ( !..u ~... - tCd"1
71J .~Il. ~), _,,' "ten L. ~".I;: QJ1} o&L,/
B. Basic Fac,ts eH I I (dt, .;l~ t. Qo:J ~."'; . ,~:~if) L1 fl.
Dc f!> T(;...-:., ~("~ ~a-);. ,oJ.... \ '1'
C. Defense t> ' \:."" l.,... c J.!. !.II " '_ i 0.> (..... ~ .Q)
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A. Ju Nonjury - Lu
, emptories - tt, .
C. Estimate of Durat on - \ 1(2- d. ~.1
D. Availability of Counsel -
V.
Iss(~e~ (~ . , )~
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Status of Settlement Negotiations
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TERRY L. SOLA and
PATSYJ.SOLA
V.
FLOWER FRANCHISING, INC.,:
t/a ROYER'S FLOWERS and
ROYER'S FLOWERS, 1Ne.:
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
CIVIL ACTION - LAW
NO. 96-5467 CML TERM
.
.
JURY TRIAL DEMANDED
PLAINTIFFS' PRE-TRIAL MEMO~NDUM
1. A statement of tbe basic facts as to li~.
On Sunday, December 11, 1994, the rlaintiff, Terry Sola, was on the
premises of Royer's Flower Shop in Camp Hil as a business invitee. As soon as
Mr. Sola entered the flower shop, he slipped and fell on fresh wet was that had
just been applied to the floor. There were no warning signs posted advising Mr.
Sola of the dangerous condition prior to him encountering the wet wax and
falling.
Due to the extensive medical testimony which will be necessary in this
case, the plaintiff and defendant are agreeable to bifurcate this matter and try the
issue of liability only. The parties believe that once that issue is decided, they
will be able to amicably resolve this matter.
2. A statement of ths: basic facts of damalt!.
The plaintiff sustained a back injury which required surgery and has
incurred medical bills in the amount of approximately $17,000.00. He was
treated by severa1 physicians for the back injury.
3. Principal issues.
Duty of the defendant to business invitees
Contributory negligmce of the plaintiff
4. ~ issues.
Duty of the defmdant to business invitees
Contributory negli&mce of the plaintiff
IV. LE!3AL 1$~!.!El.RE: ADMI$lIE1ll.lTY OF TESTIMONY, EXHIBITS, QR OTHER
MATTERS
None at this time.
V. WlTNESSe$
1. Ruth E. Stough
2 Meadowview Drive
Dillsburg, PA 17019
2. Tina L. Estep
27 South Summit Street
Harrisburg, PA 17104
3. John G. Vasiliadis, II
16 Hartzdale Dr.
Camp HiD, PA 17011
4. Terry L Sola
5. Patsy J. Sola
Defendant reserves the right to call and or examine the witnesses listed by the
other party.
VI. ~
1. Numerous photographs of the interior and exterior portions of the
Defendants tIower shop that were retel811Ced to and marked as exhibits in virtuaJIy all of
the fad witness depositions.
2. Bucket and mop that was used by the Oerendant's employee during the
course of ('!Jning the ftoor in the area where the Pl8lntiIf tel.
3. The signs that were used by the Defendant's ~ to alert the
DRtndn'. c:ustomers to the c1e1l\ing ec:tiYities that the Defendanrl employees were
doing at the time the p-.ltilI' erWInId the Defendanflnower shop.
2
THOMAS, THOMAS & HAFER
John Flounlac:ker, &quire
1.0.173112
305 North Front Street
P.O. Box 999
Hanlaburg. PA 171OW999
(7171237.71 :w
(717) 237.7105 (Fnl
Attorney for DefendW
TERRY L. SOLA and PATSY J. SOLA.
: IN THE COURT OF COMMON PLEAS
: CUMBERlAND COUNTY, PENNSYLVANIA
: CML ACTION. LAW
: NO. 96-5467
Plaintiffs
v.
FLOWER FRANCHISING. INC. lIa ROYER'S
FLOWERS and ROVER'S FlOWER'S. INC.
Defendant : JURY TRIAL DEMANDED
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1. Under aD the evidence and law in this case, you must return a verdict for
Defendant Flower Franchising. Inc. I1a Royer's Flowers and against Plaintiff Terry L Sola
and Patsy J. Sola.
L
7. Plaintiff is entitled to nothing more than knowledge of the conditions and
dangers he will encounter when using the Defendant's property. Defendant may
reasonably assume that Plaintiff will protect himself through the exercise of ordinary care.
Reasonable care on the part of the Defendant, therefore, does not ordinarily require
precautions, or even waming, against dangers which are known to the visitor or so
obvious to him that he may be expected to discover them. Restatement (Second) of
Torts,S343A.convnente.
7
11. It is not negligence pre se on the part of an owner to wax his floors. Diver v.
G Sinaer Mfg Co.. 205 Pa. 170,54 A.2d. 718. The fact that a person falls on a recently
waxed floor does not in and of itself justify a finding of negligence on the part of the
owner. McCann v. Phila. Fairfax Com., 344 Pa. 636, 26 A.2d. 540.
11
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TERRY L. SOLA,
Plaint if f
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
FLOWER FRANCHISING, INC.,
t/a/ ROYER'S FLOWERS and
ROYER'S FLOWERS, INC.,
Defendants
NO. 96-5467 CIVIL TERM
ORDER OF COURT
AND NOW, this 13th day of September, 1999,
pursuant to an agreement of counsel, Plaintiff Patsy J. Sola is
withdrawn as a party from the case.
By the Court,
J. .
William P. Douglas, Esquire
Attorney for Plaintiff
John Flounlacker, Esquire
Attorney for Defendant
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TERRY L. SOLA,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
FLOWER FRANCHISING, INC"
t/a/ ROYER'S FLOWERS and
ROYER'S FLOWERS, INC.,
Defendants
NO, 96-5467 CIVIL TERM
ORDER OF COURT
AND NOW, this 13th day of September, 1999,
following a jury trial in which the jury found that the
Defendants were negligent, that the Defendants' negligence was a
substantial factor in bringing about the harm to the Plaintiff,
that the Plaintiff was contributorily negligent, that the
Plaintiff's contributory negligence was a substantial factor in
bringing about his harm, and that the percentage of causal
negligence attributable to the Defendants was 60 percent and the
percentage of causal negligence attributable to the Plaintiff
was 40 percent, and pursuant to an agreement reached between
counsel based upon an understanding entered into by counsel
prior to trial that the total amount of damages suffered by the
Plaintiff was $70,000.00, the verdict in favor of the Plaintiff
in this case is molded to reflect a figure of $42,000.00.
By the Court,
J
t /
i
William P. Douglas, Esquire
Attorney for Plaintiff
. ~.':l'\~AS:-~ :
John Flounlacker, Esquire ""1:.j E(wn-;)
Attorney for Defendant II r 10.' ~, ,,!"S lib
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