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HomeMy WebLinkAbout96-05996 )- l.. -0 ~ ,C!] , \ ! / ,/' ( , ( ~ J " 0- (J LO I 8- IN THI!: COURT OP COMMON PLUS CUMBI!:RLAND COUNTY, PENNSYLVANIA AUDRA It. DAY 80 Ea.t Main Street Newville, PA 17241 I I I I 1~' I I I I I I I J f~0 I) . IllCl L plaintiff V. ROBERT J. BEAUDRY 135 Bryce Road Camp Hill, PA 17011 Defendant PRAECIPE FOR WRIT OF S~IONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. Writ of Summons shall be \ James J. West, Esquire 105 North Front Street Harrisburg, PA 17101 (717) 233-5051 WRIT OP SUMMONS TO THE ABOVE NAMED DE1ENDANTI YOU ARE NOTIPIED THAT THE ABOVE-NAMED PLAINTIPP HAS COMMENCED AN ACTION AGAINST YOU. DATE I ((it (" .-If. (1f(~ M tl(j_ )1 Ii AtL_ BY I , ~ lJ" ... In ,.. ..:, :;: ~ ~Q M l::~ F.t~' - '..---. ,;, :'~ ~f ~ ':l~ (;., - ;tn u.. M \-. C:i1 t- I'~:Z l,qU) U ~L.U. 0 '. ~ ..., :5 en 0 '7> If') - ~ l..') (~ -V ~ t-..... ...;::r- ~ a ~ ".....J ........ ~ ~ ~ - '-.. ~ l'- ~ o '- --::r ....:::r- f ' ~I\~) "< SHERIFF'S RETURN - REGULAR CAS~ NO. 1~96-0~996 P COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND PA'LI!,UD,RA K VS. B~~UDRY ROBERT J ,..!?,:n:V.f._JI WHISTI.ER __, ,...., _" .." , Sherif:f or Deputy Sherif:f o:f CUMBERLAND County, Pennsylvania, who being duly Bworn according to law. says, the within WRIT OF SUMMONS was served upon ,_!l.~UDR:f_Jl..QBf;KLL_"" ..______,_,__ the de:fendant, at __~:?~,l.l/l!1l HOURS, on the 4th day o:f November 19'2.l;I_ at ~~ QRYC..!LRQAlL ,______,_.__u .. ------,,,-,.... CA~.r._.Jil..lJ..~f.AJ70.!.L..__,- ,.._,.. ,_ ~ ,___..,_...._.. ," -' CUMDER1.AND County. Pennsylvania, by handing to ~l!!:1^1l.",El.J;:"UDln',t..WJfE ,..----,- -,- a true and attested copy o:f the _,WRI.I_QE..J!U!!ItQRS ,,' and at the sarna time directing ~~~ attention to the contente thereo:f. . Sheri:ff'. Costs. Docketing Service A:f:fidavi t Surcharge So answe~ . ~~~ -~~~. H. Thomas ne, er t:f 18.00 9.30 .00 2.00 $7.~.30 JAMES J WEST 11/06/1996 by \L" /,,')/ ~,- ~lo-.t...__- /7/" ~ --- , Depuly sfier Sworn and subscribed to be:fore me u.- \, ,/ this -=~_.:::._ day o:f //.N'<'~"-:'~_ Cl 19 /L A. D. __Q,'=1t.. , 9ro~~nt!tt;~):~.L7 - AUDRA K. DAY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ROBERT J. BEAUDRY, Defendant CIVIL ACTION NO: q/Q- 5qCI(o ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: : NOT ICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator 4th Fl. Cumberland County Courthouse Carlisle, Pennsy1v nia 17013 (717) 24 - 2 0 squi torney I. D. No. 331 105 N. Front Street Harrisburg, PA 17101 (717) 233-5051 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS AUDRA K. DAY, Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO: 96-5996 CIVIL ROBERT J. BEAUDRY, Defendant .................".......,.............................,......... . .....................................,..........................., . ~OMPLAINT AND NOW, comes Audra K. Day, the i?laintiff in the above- captioned action, by her attorney, James J. West, Esquire, and files the within complaint, the basis of which is as follows: J'ARTIEB. 1. Plaintiff is Audra K. Day, an adult individual residing in Lower Mifflin Township, cumberland County, pennsylvania. 2. Defendant is Robert J. Beaudry, an oral surgeon since 1977 and formerly a stockholder and principal with Miller Oral surgery. BACKGROmm 3. Plaintiff, Audra K. Day, hereinafter known as "Day", was an employee of Miller oral surgery and its predecessor practice, Brothers and Hayduk, since January 2, 1990, working in various capacities including as a surgical assistant and in the recovery room. 4. At the time she began working there, Miller oral surgery was managed by Drs. Reedy and Beaudry, Sometime in 1994, as a Oral Surgery was vested in Dr. Reedy by an Order of Court. 5. At the time of the incident giving rise to this Complaint, Miller Oral Surgery had offices at 400 Nationwide Drive in Harrisburg (East Shore Office) and 3600 Old Gettysburg Road in Camp Hill (West Shore Office) . 6. On December 15, 1995, Day was working at the West Shore Office of Miller oral Surgery, Present in the office that day was, in addition to Day, Miller Oral Surgery staff including Defendant, Dr. Robert J. Beaudry; Shelly Ulrich, a recovery room nurse; Brent Stine, an individual providing security; Dr. Rajqhel, another oral surgeon on duty that day; Alice Reybitz, the receptionist; Kelly Viola, another nurse and Van Bahn, a maintenance man. 7. There was tension in the office that day, principally the result of the on-going legal battle for control of Miller Oral Surgery between Drs. Reedy and Beaudry. On this occasion, Dr. Reedy was not physically present; however, employees loyal to one side or another were among those individuals listed as present in paragraph 6 above. 8. Day was a "floater" on December 15, 1995, meaning that she was to be in different areas of the office - whether ic be the sterilization area, front desk or recovery room - depending on where she was needed. 9. On this date, Shelly Ulrich was performing duties as a recovery room nurse and was with a patient. From down the hallway, Day could hear Dr. Beaudry making comments to Shelly such as "I want you to come work with me", to which she would respond, "no, I'm sorry. I'm with a patient." 10. In fact, Shelly Urich was with a patient in recovery room 2 who was just waking up from anesthesia. This patient, who had been treated by Dr. Rajchel, was having a difficult time awakening, and she was feeling nauseous and sick. 11. Dr. Beaudry's voice was becoming louder, and Day suggested to Brent Stine, the individual assigned by Dr. Reedy to perform security duties, that he go back the hallway to make certain she was not having any difficulty with Dr. Beaudry. 12. Dr. Beaudry was in front of Shelly UI~ich, demanding that she had to work with him, while Shelly Vias trying to explain as best as she could that she was with a patient. 13, Dr. Beaudry began to confront Brent Stine, saying he wanted him (Brent Stine) "out of his face." Day proceeded back the hallway to see if Shelly Ulrich was having any difficulty, especially in view of the fact that Ulrich was dealing with a sick patient. 14. As Day proceeded back the hallway, she was standing on Dr. Beaudry's right side, as he was in the doorway of the recovery bunk half facing Brent Stine. Day asked Shelly Ulrich to come with her, but Shelly said, "no, my patient is really sick." 15. Dr. Beaudry's hands were on the sides of the wall, and he was physically blocking access through the small doorway of the recovery bunk. 16. When Shelly Ulrich said that she could not leave her sick patient, Day said, "well, give me the chart." She reached under Dr. Beaudry's arm for the chart and, as she took the chart, Dr. Beaudr:' struck her in the chest with his right hand and pushed her away. As Day staggered back a step or two (eighteen inches or so), Dr. Beaudry said, "she's not going anywherel" 17. Dr. Beaudry followed this blow with a left forearm to Day's chest, sending her crashing into the wall behind her. 18. Day was eleven weekR pregnant at the time and, as a result of the two blows, started to have pain in the area where her child was located. The next day, she awoke to soreness and back pain. 19. Dr. Beaudry had a history of harassing employees he did not like, sometimes striking or pushing them intentionally, as he did to Day. 20. On December 15, 1995, as Dr. Beaudry was attempting to speak with Shelly Ulrich, before striking Day, he displayed a contorted face, high pitched voice, and was both animated and agitated. 21. shelly Ulrich had told him to leave her alone, that she was hired by Dr. Reedy with the specific instruction that she was to work as a recovery room nurse. 22. When Brent Stine told Dr. Beaudry that Shelly Ulrich was working for Dr. Raj chel only, Beaudry grabbed Stine around the throat and pushed him. A scuffle ensued, and the police were called. 23. Dr. Beaudry kept yelling at stine, saying he (Stine) had not read the Court Order. His face was contorted, and he was very red. COUNT I - ASSAULT AND BATTERY 24. The averments at paragraphs 1 through 23 are incol'porated by reference, as if fully set forth in their entirety. 26. Assault requires: (1) an act intended to cause harmful or offensive bodily contact, or imminent apprehension of such contact, and (2) actual imminent apprehension by the object of the assault. 27. Audra Day was the victim of an assault by Defendant, Dr. Robert Beaudry, in that she was in apprehension of an imminent offensive touching by the Defendant, who was in a position to carry out the threat immediately. As evidenced by the above recitation of the facts, Dr. Beaudry did take affirmative action to convert the threat into a battery. 28. A battery is committed whenever the violence or offensive touching menaced in an assault is exacted upon the person of the Plaintiff. 29. Audra Day was the victim of a battery by Defendant, Dr. Robert Beaudry, because the threaten offensive touching did occur as Beaudry struck the plaintiff not once, but two times in succession. 30. Day required medical care, as she saw her obstetrician on the afternoon immediately following the assault and battery. 31. Dr. Beaudry's conduct was willful and wanton, in reckless disregard of the rights of Audra Day. Accordingly, the imposition of punitive damages would be appropriate. WHEREFORE, it is requested that judgment be entered in favor of Plaintiff and against Defendant in an amount exceeding the 25. An assault is an act intended to put another person in reasonable apprehension of an immediate battery, and which succeeds in causing an apprehension of such battery. , ..-.., i I ! , I I I I I ,I ,I jurisdictional limit below which compulsory arbitration is required. COUNT II - INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS ,I 32. The averments at paragraphs 1-31 are incorporated by reference, as if fully set forth in their entirety. 33. Defendant Beaudry's actions represented intentional or reckless actions which caused emotional injury to the Plaintiff. 34, Intentional infliction of emotional distress requires four elements: (1) the conduct must be extreme and outrageous; (2) the conduct must be intentional or reckless; (3) the conduct must have caused emotional distress; and (4), the distress must be severe. 35. Dr. Beaudry's conduct, particularly with regard to the second blow struck at Day, a woman who was eleven weeks pregnant, was extreme and outrageous. Indeed, it may be characterized as beyond the bounds of decency and intolerable in a civilized community. 36. Dr. Beaudry's actions met the criteria identified at paragraph 34 above. It was extreme and outrageous, because striking a pregnant woman in the chest in an office environment can never be justified. It was intentional and/or reckless. because he did it twice. It caused Day severe emotional distress, since she was worried about the impact on the child she was carrying. WHEREFORE, it is requested that judgment be enteI'ed in favor of plaintiff and against Defendant, in an amount exceeding the . ... . VERIFICATION I, Audra K. Day, hereby verify that the facts set forth in the foregoing complaint are true and correct to the best of my knowledge, information and belief. In understand that this verification is made subject to the penalties of 18 Pa. C.S.~4904 relating to unsworn falsification to authorities. 0~af' fJW( '.. ,... I' ; c: I ~'':; " 1(' ~ I, f ;~ '-.1; , (, " I' (-..,; i~~ I .'- l I c:;. Ii, /"1 ", ) ( I (.J' i,j '. Duted:~ Oy:&. ~~ '1 L. Andes, squire Attorney No. 525 North Twell\h Street P.O. Oox 168 Lemoyne, PA 17043 (717) 761-5361 , ~ I / ; 1 . , I . ~ ~ ~ ',' . . ~ .. James J. West, Esquire Atlorney No. 00331 105 North Front Street Harrisburg. PA 17101 (717\ 233-5051 AUDRA K. DAY, : IN TIlE COURT OF COMMON PLEAS : CUMUERLAND COUNTY,PENNSYLVANIA Plaintiff v. : NO. 96-5996 ROBERT J, BEAUDRY, Defendant : CIVIL ACTION - LAW CONFIDENTIALITY AGREEMENT .'.' I "';J~":~ j :<"', " , ,....1\)','1-.,..,.' . . 1\ I,'. . , ;,'f', , ' ) ": ~ ' ',',' , ' ~. , " "',1,.", . The parties to ihe' above-captioned maller, Audra K. Day, Plaintiff, and Robert J. Beaudry, Defendant. being represented by the counsel of their choice, James J. West, Esquire and " Samuel L, Andes, Esquire, respectively, do hereby warrant and agree as follows: WHEREAS Certain differences having arisen between the parties in which the above-captioned suit was instituted and that an agreement of selllemcnt was entered Into by the parties on the!5.. day of ~' 1999 sellllng fully and finally all differences between them, NOW TIIEREFOItE Upon consideration of the Selllement Agreement allached hereto, both parties agree that all ,mailers arising from their differences and incorporated into the above-captioned mailer be kept confidential between the parties. From the date of the signing of this Agreement forward,. . both partles agree to refrain from disclosing any discovery material, evidence or selllement agreement of any type to any third party, The parties further agree that all communications, whether wrillen or oral, regarding the selllement of this mailer and the terms contained therein, ~ "I ~ ~ .. 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