HomeMy WebLinkAbout97-00481
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ERIC LEPORE,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 97-481 CIVIL TERM
JURY TRIAL DEMANDED
MISSY MCGEE,
Defendant.
Deposition of: ERIC LEPORE
Taken by: Defendant
Before: Jan L. Bucher
Court Reporter-Notary
Date: Thursday, March 19, 1998
at 10:35 a.m.
Place: Snelbaker, Brenneman & Spare
44 West Main Street
Mechanicsburg, Pennsylvania
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APPEARANCES:
SNELBAKER, BRENNEMAN & SPARE
BY: KEITH O. BRENNEMAN, ESQUIRE
FOR - PLAINTIFF
GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS
BY: ANN MARGARET GRAB, ESQUIRE
FOR - DEFENDANT
ALSO PRESENT:
MISSY MCGEE
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is
ARCHIVE REPORTING SERVICE
2336 N. Second Street (717) 234-5922
Harrisburg, PA 17110 FAX (717) 234.6190
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2 DEPONENT
3 Eric LePore
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14 FOR DEFENDANT
15 A Diagram
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I N D E X
EXAMINATION
By Ms. Grab
By Mr. Brenneman
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63
EXHIBITS
MARKED IDENTIFIED
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1 STIPULATION
2 It is hereby stipulated by and between the
3 respective parties that signing, sealing, certification
4 and filing are waived; and that all objections except as
5 to the form of the question are reserved until the time of
( trial.
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8 ERIC LEPORE, called as a witness, being duly
9 sworn, was examined and testified as follows:
10 EXAMINATION
11 BY MS. GRAB:
12 Q Mr. LePore, my name is Maggie Grab, and I
13 represent Ms. McGee. Before we begin, I just want to give
14 you a couple of brief instructions, Because the court
15 reporter is taking down everything that is said, you need
16 to let me please complete my question before you begin
17 your response. Okay?
18 A Okay.
19 Q The other thing that you just need to be
20 cognizant of is that because she's taking everything down,
21 you need to verbalize your res~unses to all my questions.
22 All right?
23 A All right.
24 Q And if you don't understand my question either
25 because I have misstated something or I'm speaking too
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o Oldsmobile Cutlass?
A Yes.
o What color was it?
A It was a couple different colors. It was
primered. It was like a primered red, primered gray, like
a silverish color, I think it was,
o Do you know what the tag, license number was on
that vehicle?
A No, I've had too many cars to remember which
one was which.
o Do you know whether the Oldsmobile Cutlass was
insured when this accident occurred in January __
13 A I
14 0 - - of 1995?
15 A When everything was happening, I believed it
16 was. And then I found out that it wasn't.
17 0 Okay, You need to let me complete my
18 questions.
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A I'm sorry.
o And so for purposes of the record, I want to
restate that question, My question was whether or not the
vehicle, the Oldsmobile Cutlass, was insured on January
31, 1995. And your response was that you thought it was,
but you found out that it was not?
A Yes.
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Q On January 31, 1995, what was your address?
A 624 Wayne Drive.
Q And who resided there with you?
A My mom and my stepdad.
Q What's your mother's name?
A Linda A. Vertison,
Q And your stepfather's?
A Robber E. Vertison.
Q Did anyone else reside in the household?
A No,
Q What is your current address?
A Right now it is -- I just moved in with my
girlfriend. It's 107 East Main Street, Shiremanstown.
Q And what is your girlfriend's name?
A Michelle Sollenberger,
Q Anyone else reside there besides yourself and
Michelle Sollenberger?
A I have a little boy.
Q Howald?
A He just turned a year, And she also had two
kids before mine. One is three and the other one's seven.
Q Do I understand you to be saying that besides
yourself and Michelle there are three children living in
the home?
A Yes,
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Q Are you currently employed?
A Yes, I am.
Q Where?
A Mitrani and Company.
Q What do they do?
A It's a little pottery place.
Q Where is it?
A Right down -- what's that? I think Slate Road.
Q Give me a town.
A Me~hanicsburg. It's right here in
Mechanicsburg.
Q And what do you do for them?
A I just basically sit on a chair and stain old
wood pieces and once in a while box pottery.
Q And how long have you been employed there?
A Four and a half months.
Q And are you salaried or hourly?
A Hourly.
Q How much do you make an hour?
A $7 an hour.
Q Is that how much you made when you started four
and a half months ago?
A No, it was six and a quarter.
Q Who's your supervisor?
A His name is Albert Mitrani, He's the owner of
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1 the company. It's a small --
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How do you spell Mitrani?
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M-i-t-r-o-n-i, I do believe.
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How many employees does the company have? Do
5 you know?
6 A Five, I think, altogether.
7 Q Did you graduate from high school?
8 A No.
9 Q Did you attend high school?
10 A Yes.
11 Q Where?
12 A I attended Cumberland Valley and also
13 Mechanicsburg.
14 Q Did you obtain aGED?
15 A No, not yet.
16 Q Are you currently involved in that process?
17 A I was involved with it in the beginning of the
18 fall. And then with work and -- it intertwined with the
19 one test. And I had missed the test. So I have to go
20 back to it next year and retake the one test.
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At the time of this accident in January of
22 1995, were you employed?
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Yes, I was.
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Where?
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It was the arcade that was there.
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Q What was the name of that arcade?
A I don't even remember what the name of it was.
Can I look in this?
Q It's not necessary. If it's in the document,
I'll be able to find it.
A I think it is.
Q When did you start working at the arcade?
A October of '94.
Q So you'd been there about three months --
A Yeah, about three months.
Q -- when the accident occurred?
A Yes.
Q And what did you do there?
A Just sat there and gave change and also just
made sure there was no damages from the kids and kept the
kids under control,
Q Hourly?
A Yeah.
Q Paid hourly?
A Yes.
Q What was your hourly rate?
A I think it was only four and a quarter an hour.
Q Currently do you work full-time with Mitrani
and Company?
A Part-time,
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Q What hours?
A They're going to change. It's going to be
like now they're going to be two to, like, six.
Q Have you ever worked full-time for Mitrani and
Company?
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Q
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Yes.
When did you work full-time for them?
From the time I started up until three weeks
ago.
Q Why did it change?
A My boy was real sick and I had to take off of
work for it.
Q Was there a period of time when you were off
work completely because of your son's illness?
A Yes.
Q And when you went back to Mitrani and Company
they put you on a part-time position?
A I asked to be on a part-time position because
of my son's health,
Q And you said that that was about three weeks
ago?
A Yeah.
Q Do you intend at some point to go back to work
24 full-time?
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Hopefully, yes,
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Q At this point do you have any idea when that
could occur?
A No.
Q Does the fact that you work part-time have
anything to do with the injuries that you sustained in
this incident in January of 1995?
A No, because most of the time I'm sitting down.
I'm not standing.
Q So that but for the illness to your son, you
would be working full-time at Mitrani and Company?
Yes.
What were your hours at the arcade back in 1991
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12 Q
13 [sic] ?
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15 Q
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17 Q
18 January 31
They varied.
Do you recall what time this incident occurred?
Not offhand. I don't remember the exact time,
Do you recall whether or not you had worked on
19 A Yes.
20 Q -- of 1995?
21 A Yes.
22 Q You answered before I completed my question.
23 A I know. I'm sorry.
24 Q And the answer to that question is, yes, you
25 had worked on January 31, 1995?
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1 A Correct.
2 Q Is that why you were in the parking lot behind
3 the arcade?
4 A Yes. I just got done closing.
5 Q So the arcade had closed?
6 A Yes.
7 Q What time did it close? Do you know?
8 A I do believe that evening I think it was around
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6:00 or 7:00, I think.
10 Q P.m.?
11 A Yeah, I don't really recall.
12 Q But the arcade was closed when the incident - -
13 A Yes.
14 Q -- occurred?
15 A Yes, I'm sorry.
16 Q The arcade was closed when the incident
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A Yes, it was.
Q And do you recall what the lighting was in the
parking lot behind the arcade in January of '95?
A I do believe it was still somewhat daylight.
Q Do you know whether or not Missy McGee's
vehicle had its lights on?
A No, it did not.
Q Did not. And I'm talking about the point that
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you're sitting on it.
A Yes.
Q What were you doing in the parking lot?
A I was talking with friends that showed up there
when I was closing the arcade,
Q How many friends?
A I think it was only three or four.
Q Male or female?
A One male, I think -- no, two male and two
female.
Q Do you recall their names?
A Dan Bricker, Casey Hamilton.
Q Is Casey male or female?
A Male. Jona Aldis and I don't recall the other
girl's name.
Q Had you driven to work at the arcade that day?
A Yes.
Q What were you driving?
A I think it might have been the Cutlass.
Q The '88 Oldsmobile Cutlass?
A Trying to think, I know it wasn't an '88, I
think it was the '83 Cutlass,
Q I have the year wrong.
A Yeah, I do believe that's what I was driving
that day.
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o Where was your vehicle parked?
A There in the parking lot in the back.
o How big is this parking lot?
A It holds, I think, about 20 cars.
o How do you enter the parking lot? Do you know
the name of the streets?
A No, not offhand. I think it's Strawberry
Avenue.
o Is there more than one entrance?
A No.
o Is that the same way that you exit the parking
lot?
A Yes,
o So there's only one way to get in and out of
that lot?
A Urn hum,
o And that's from Strawberry Street?
A No, I know it's on the side of Strawberry. And
I can't recall the other alley, It's the entrance part.
I aon't recall the alley.
o But is it the same alley that you enter and
22 exit from?
23 A Yes,
24 0 And is the parking lot for the arcade only?
25 A No, it's also for the Gingerbread Man.
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Are there any other businesses whose patrons
2 use this parking lot?
3 A Subway and the laundromat and the skateboard
4 shop. I don't recall the -- Funtastik's.
5 Q And the Gingerbread Man?
6 A Yes.
7 Q Where is this parking lot located in relation
8 to these businesses?
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Right behind them and right beside the
10 Gingerbread Man.
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Do you have any idea how long you had been off
12 work prior to the vehicle that Missy McGee was driving
13 getting to the parking lot?
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Maybe only 15, 20 minutes.
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And what were you doing during that 15- or
16 20-minute period?
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Just standing and talking to my friends,
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Were there any other people in this parking lot
19 standing around talking?
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No.
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So the only group standing around talking was
22 the one that you were in?
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Yes.
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Did anyone that you were with have any alcohol
25 that evening?
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1 A No, they did not.
2 Q Had you had anything of an alcoholic nature?
3 Let's talk about during the 12 hours before the incident
4 on January 31 --
A No.
Q -- of 1995?
A No.
Q Did the arcade serve alcohol?
A No, they did not,
Q You've described the parking lot as holding 20
Prior to Missy McGee arriving, do you know how many
12 cars were in the lot?
]3 A No.
14 Q Would you describe the lot as full or empty or
15 half full, or can you in any way describe the lot?
16 A Maybe half full at the most.
17 Q Were you standing speaking with these four
18 friends that you've described at a vehicle?
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19 A I think we were standing behind our vehicles.
20 Q Were these four people together in a car?
21 A No.
22 Q Who of the four had cars?
23 A Casey Hamilton and Dan Bricker,
24 Q So that in your group there were three cars,
25 yours, that of Casey, and that of Dan?
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A Yes.
o And were they parked in a row?
A Dan's was parked in the alleyway there,
Strawberry Avenue, And Casey's was parked, I think, three
cars down from mine.
o So whose vehicle, if any vehicle, were you
standing around when you were talking to your friends?
A I think we were in between mine and Casey's.
o What direction was your vehicle facing?
A I don't know how to answer that.
o Let's talk about in terms of the arcade. You
said the parking lot is behind the arcade, Was your
vehicle facing the arcade?
A No. The way the parking lot goes, it goes in,
like, a "U". And there's only, like, two parking spaces
that are dead behind the arcade. And they are for the
apartments that are upstairs above them. And mine was to
the left. It would have been facing the alleyway,
Strawberry Avenue or whatever it's called.
o The front of your car is facing the alley?
A Yes.
o And what's the rear of your car facing?
A The rear of my car would have been facing
Market Street.
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Did you say Market Street?
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A Yes. I guess that's what --
MR. BRENNEMAN: Could we go off the record for
a second?
(A discussion was held off the record.)
MS. GRAB: Let's let him draw a diagram and he
can just mark where he was.
BY MS. GRAB:
Q Maybe that's the easiest thing to do and we
will attach it as an exhibit to your deposition.
A The G-Man would be right there. And that would
be the alley and another alley back here. Game Room would
have been right here.
MR. BRENNEMAN: Stop right there. That "G"
means G-Man; is that correct?
THE DEPONENT: Yes.
BY MS. GRAB:
Q And you said that there's an alley?
A Yes,
Q Do you know the name of that alley?
A This one, no. I guess I thought it was
Strawberry Alley, but I guess to my knowledge I'm wrong.
Q Just write alley in it then.
A (Complied. )
Q And the other roadway that you've identified,
is that an alley, too?
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1 A Yeah, it runs behind all the businesses.
2 Q And do you know the name of that alley?
3 A No.
4 Q Then just write alley.
5 A (Complied.)
6 Q Now, you started to identify what you called a
7 game room?
8 A Yes.
9 Q Is that the arcade?
10 A Yeah, that's the name of the arcade.
11 Q Would you write it in there, please?
12 A (Complied. )
13 Q And would you draw the parking spaces as you
14 recall them being in this lot?
15 A (Complied.) Here would be the entrance. It's
16 a little bit bigger than that.
17 Q Would you write entrance?
18 A (Complied,) And the parking spaces go right
19 from the road there right down to right to the back of the
20 Game Room.
21 Q Okay.
22 A And then you would also have parking spaces
23 over here, And then there was two, maybe, three right up
24 against the back of it.
25 Q Where is Subway and the laundromat?
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1 A Subway would be right here. I have this - - the
2 Game Room is a little up too far, Subway would be right
3 here.
4 Q Where's the laundromat?
5 A Laundromat - - then we go Subway, Funtastik's,
6 and then the laundromat, And then going down the street
7 you'd have the bank on the corner, And the Game Room
8 would be directly behind Subway,
9 Q Do these parking spaces that you've indicated
10 abut the back of a building here?
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14 A Let me move this. Here would be the complete
15 building with the Game Room door right there.
16 Q What's over here?
17 A This would be the bank, Mellon Bank.
18 Q Is there --
19 A There's another parking lot right here, Right
20 here's another parking lot.
21 Q Can you get into that -- let's mark that
22 Parking Lot B.
23 A (Complied,)
24 Q Can you get into what you identified as Parking
25 Lot B from the same entrance?
A
Q
Yes.
Would you draw the back of the building so I
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1 A If there is no cars right here, you can get
2 over to it. But there's some -- in some spots there's
3 metal poles and then there's the light pole.
4 Q So you're not supposed to?
5 A No.
6 Q How do you enter Parking Lot B?
7 A There's two entrances to it. There's one right
8 here and then another one right -- well, actually,
9 three -- no, four. Four altogether because of the bank
10 entrance and exit.
11 Q Okay. Now
12 A I'll mark them. I don't know if that's an exit
13 or entrance. And then this is an exit and this one's an
14 entrance.
15 Q Now, can you put an "L" in the space where your
16 vehicle was parked?
17 A I guess it would have been right about here
18 (indicating).
19 Q And tell me again what direction was your __
20 what was the front of your vehicle facing?
21 A Front of my vehicle would have been facing the
22 Gingerbread Man,
23 Q What was the rear of your vehicle facing?
24 A It would have been facing Parking Lot B,
25 Q Okay. Now, do you recall whether or not it was
22
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1 daylight or dark when Missy McGee arrived?
2 A I think it might have been dusk. I know it was
3 still bright enough out that nobody needed their
4 headlights or anything.
5 Q What was the temperature like?
6 A I think it was fairly -- it was mild. It
7 wasn't really cold out,
8 Q Did you have a coat on?
9 A I don't remember.
10 Q What kind of shoes were you wearing?
11 A Sneakers.
12 Q Was there snow piled up anywhere in this
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parking lot?
A I don't recall. I don't think there was,
actually.
Q Can you tell me what you recall about how the
17 incident occurred?
18 A I remember walking over to the car, and I
19 hopped up on the hood.
20 Q Let me interrupt you.
21 A Sorry.
22 Q What color was the car?
23 A Like a - - I'd say like a bluish silver.
24 Q Do you know what kind of car it was?
25 A It was - - I don't recall the exact make, no, I
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2 Q Who was driving it?
3 A Missy was.
4 Q And when it pulled up, did it stop?
5 A Yes.
6 Q Show me on your diagram where the vehicle
7 stopped. Can you draw her car and put an "M" in it?
8 A (Complied. )
9 Q Now, her vehicle is not in a parking space?
10 A No.
11 Q How many people were in it?
12 A I do believe three,
13 Q Male or female?
14 A Two female, one male.
15 Q Who was the other female?
16 A Jen,
17 Q Do you know her?
18 A Yes.
19 Q That's Jennifer Bentz?
20 A Yes.
21 Q And do you know who the male was?
22 A No.
23 Q Who was in the front seat?
24 A Jen,
25 Q And the driver, Missy?
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A Yes.
Q Now, tell me what happened.
A I walked over to her --
Q Her who?
A Missy, on the driver's side -- well, Missy and
Jen -- and sat up on the car. And I was talking to them.
I don't remember for how long.
Q What about?
A I think we were just talking just regular
conversation. I don't remember exactly what about.
Q What happened?
A We were sitting up there. And I do remember
joking around with her.
14 Q Her who?
15 A Missy.
16 Q About what?
17 A Because they said they had to go.
18 Q Did Missy and Jennifer both say they had to go?
19 A I only remember hearing Missy saying it.
20 Q And what were you joking about?
21 A I remember saying, No, you can't go yet. And
22 then they said that they had to go.
23 Q They both said it, Missy and Jennifer?
24 A Yes. Then I heard Jen say it also the second
25 time.
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o And then what did you do?
A And then I jumped off the hood. Well, I pushed
myself from the hood of the car off.
o What side of the vehicle were you sitting on?
A Driver's side.
o Did Missy have her window up or down?
A Down,
o Did Jennifer have her window up or down?
A I don't know.
o Do you know whether or not the radio was
playing in the vehicle?
A I can't recall.
o When you were sitting on the hood of the
vehicle, do you know whether or not it was running?
15 A Yes.
16 0 Which? It was running?
17 A Yes, it was running.
18 0 And you said you were sitting on the driver's
19 side?
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A Yes.
o Were you sitting in front of or behind the
wheel?
A I think it was right -- I guess it would be
right halfway in between the wheel and the window but more
towards the wheel.
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Q You mean the windshield?
A Yes.
Q Were you actually leaning against the
windshield as you spoke to Missy and Jennifer?
5 A No.
6 Q And where were your legs?
7 A My legs were hanging over the side of the car.
8 Q Were they touching the ground?
9 A No.
10 Q You were completely sitting up on the hood of
11 the vehicle?
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Yes.
A
Q When you jumped up on the hood, did anybody say
anything about that to you?
A I don't remember.
Q At some point, however, you recall Missy
saying, Get off; we got to go?
A Yes,
Q And you said, No, you're not going to go, And
then you recall Missy and Jennifer both saying, Get off
the hood; we got to go?
A Urn hum,
Q
A
hop off.
And then how did you get down?
With both my hands pushing down beside me to
27
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1 Q And what happened?
2 A And then all I remember is, like, going down to
3 the ground quick, and then I popped back up because I
4 thought I tripped. And then I remember limping over to my
5 car. And then --
6 Q Stop for a second,
7 A Sorry.
8 Q You said that you put your hands down beside
9 you on the hood of the car?
10 A Yes.
11 Q Lifted your rear end up off the car and then
12 put your feet down on the ground?
13 A I actually, like, pushed myself off the car
14 with my arms,
15 Q Okay. Did both feet hit the ground?
16 A No, I think -- I think my left one hit the
17 ground first, what I believed was the ground.
18 Q What did you find out that it was later?
19 A I guess it was the tire that my foot actually
20 hit first. That's why I ended up going down palm first on
21 the ground. And then I jumped back up quick and then went
22 over to my car,
23 Q You have completely lost me, so I want to go
24 through this again,
25 A Sorry.
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3 Q
4 A
5 Q
6 ground?
7 A
8 Q
9 A
You put both hands on the hood --
Yes.
lifted yourself up --
Urn hum.
and were going to put yourself onto the
Yes.
Did you actually get both feet on the ground?
No.
10 Q What direction were your feet facing at that
11 point?
12 A My feet would have been facing out towards my
13 car. I guess it would have been the alley.
14 Q So your feet were facing out away from the
15 tire?
16 A Yeah.
17 Q Okay. And then tell me again what happened.
18 A When I went to push myself off the car, what I
19 believed was the ground or tire or whatever it was, I
20
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22
23
24
25
don't know, I ended up going palm first onto the ground,
And then I got up quick because, I mean, it didn't really
faze me that anything happened. And then I hopped over to
my car.
Q When you --
MR. BRENNEMAN: Now I'm confused.
29
1
1 BY MS, GRAB:
2 Q When you hopped off the car, your feet are
3 facing out away from you?
4 A If my feet were dangling down over the side,
5 the ends of my shoes would have been facing
6 Q Were sticking out. So you go to land; is that
7 correct?
8 A Um hum.
9 Q How did your foot get under the tire is what I
10 don't underst3nd.
11 A When I pushed off -- if you go to push off
12 something, your feet push back when you lean forward. And
13 I think that's what happened was the tire grabbed my foot
14 and pulled it down because the car was rolling.
15 Q And you're -- but you were sitting, though,
16 didn't you tell me, between the wheel aLd the windshield?
17 A That's where I -- it might have been a little
18 bit up farther, might have been a little back farther. I
19 don't recall exactly on the car where I was sitting.
20 Q As you were sitting there with your feet
21 dangling, were they hitting the wheel?
22 A I think I was bouncing my foot off the wheel,
23 yes.
24 Q After you pushed yourself off, did you actually
L 25 hit the ground before the wheel going over your foot?
"\
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Q
30
No, I don't think so.
Okay. The first time that you hit the ground,
3 was it with your feet or your palms?
4
A
Well, this would have been like all four of
5 them at the same time is what it would have been ended up
6 being. I don't recall exactly the way I ended up landing
7 at the time.
8 Q
9 rolling?
10 A
11 Q
12 A
13
14
What direction -- you said the vehicle was
Urn hum.
What direction was it rolling?
Out towards the alley.
MR, BRENNEMAN: Which alley?
THE DEPONENT: The far back alley.
15 BY MS. GRAB:
16
17
18
19
20
Q
Where was the vehicle facing?
A
Out towards the alley.
Q
So the vehicle was rolling forward?
A
Yes.
Q
And you're saying that as you got off the
21 vehicle, whatever happened to your left foot caused you to
22 fall?
23
24
25
A
Yes.
Q
And you got up?
A
Urn hum.
31
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1 Q And what did you do?
2 A And then I hopped over to my car.
3 Q Do you know
4 A No. I just thought I might have sprained it or
5 something because it was the first time I ever had an
6 injury done to my feet.
7 Q -- did you know when you stood up that the
8 vehicle had run over your left foot?
9 A That's what I thought happened but I wasn't for
10 sure.
11 Q Why?
12 A I sprained myself -- for some reason I'm
13 real I wouldn't say I'm prone to pain, but it doesn't
14 bother me as much, I guess, as most people.
15 Q I understand that. But my question is, Why
16 didn't you know whether or not the tire had run over your
17 foot?
18 A Because of how quick it happened. It happened
19 real quick. It was, like, split second,
20 Q When did you come to believe that the wheel had
21 run over your foot?
22 A When I tried to drive home,
23 Q How long --
24 A Or when I was standing there, actually, behind
25 my car after she left because I couldn't stand on my foot
)
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whatsoever. And then on the drive home I basically felt
every bump and every little nook and cranny in the road
from the pain.
o When you left there and got in your car to
leave the parking lot that evening
A Yes.
o -- did you believe that she had run over your
foot?
A That's what I thought had happened, but I
wasn't sure. I thought I might have just sprained my
ankle getting off or something, I wasn't sure exactly
what it was. I was in a lot of pain. I didn't know __
o At some point did you become sure that the
vehicle had run over your foot?
A Yes.
o When?
A When I actually saw the X-rays, then I knew
because of how badly it was broken.
o But you don't recall as you sit here today the
vehicle going over your foot?
A No, because of how quick it happened,
o And you weren't sure when you left the parking
lot to go home that that's what had occurred?
A I thought it might have been what had occurred,
but I wasn't definitely sure because I didn't have any
")
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proof of what was actually wrong with me at the time.
Q Or any recollection of the vehicle actually
going over your foot?
A No.
Q Do you recall saying to anybody in the parking
lot, She just ran over my foot?
A Yes.
Q Who did you say that to?
A Dan and Casey.
Q Are you aware of anybody else in the parking
lot who saw the vehicle go over your foot?
A Dan.
Q Dan did?
A
Yes,
15 Q You've spoken with Dan since the accident?
16 A Yes.
17 Q And he has said to you, She ran over your foot,
18 or something like that?
19 A Yeah.
20 Q In the parking lot after this had occurred, did
21 you have any conversation with Missy?
22 A Afterwards -- the only time after that I saw
23 her was when I was working at the Uni-Mart.
24 Q You didn't speak with her afterwards on January
25 31 of 1995?
34
1 A No. The only time of that evening after she
2 left was when I ended up going down and she came out while
3 I was hobbling over to my car.
4 Q Was that January 31 of '95?
5 A January 31st --
6 Q I'm not trying to -- that's the night it
7 happened.
8 A Yeah.
9 Q My question was, Did you have a conversation
10 with her after it happened before she left?
11 A The only thing that was said, she asked if I
12 was all right. And I said, You ran over my foot. I don't
13 know if I said it sarcastically or whatever. And she
14 asked me again, Are you all right? And I was, like,
15 Yeah. And then she left.
16
Q
So after the event with your left foot occurred
17 she got out of the car?
18 A Yes.
19 Q The two of you spoke?
20 A Yes.
21 Q And she left?
22 A Yes, yes,
23 Q Do you have any idea how fast the vehicle was
24 going when it went over your foot?
25 A No.
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Q Did you hear the engine rev or hear anything at
all that would indicate how fast the vehicle was going?
A No.
Q Did you hear the vehicle shift from Park to
Drive?
A Yes.
Q You do recall that?
A Yeah.
Q And when did that happen in relation to when
you started to get yourself off the vehicle?
A That happened before I got off the vehicle.
Q Was there a period of time when you were
sitting on this vehicle before you tried to get off that
it was rolling?
A Yes; might have been rolling for about 15
16 seconds before I decided to jump off,
17 Q Fifteen seconds?
18 A Urn hum,
19 Q That's a long time.
20 MR. BRENNEMAN: Objection.
21 BY MS. GRAB:
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Q At any rate --
A I don't know exact
Q In fairness, that is a long time, But you do
recall, though, that you're sitting on the vehicle?
'.
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Urn hum.
A
Q You hear the vehicle shift from Park to Drive.
A Yes, I also felt it shift.
Q And you're still sitting there.
A Urn hum.
Q And the vehicle starts to roll.
A Urn hum.
Q Or is she accelerating?
A I don't know if it was exactly accelerating
unless the car had a high idle, I don't know.
11 Q But the vehicle, is it definitely moving?
12 A Yes,
13 Q And it's moving before you started to get off?
14 A Yes.
15 Q It's moving when you started to get off?
16 A Yes, it was in the process of rolling when I
17
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went to jump off.
Q And you're saying rolling, And I'm trying to
understand whether -- do you think that it was idling or
do you think that Missy had her foot on the gas or do you
know?
A I'm not really sure,
Q Was there any difference in the movement of the
car while you were sitting on it and you said that it was
moving and when you went to hop off?
38
t
1 sure if I got it ran over or not. And then she took off
2 my shoe and she went to put ice on it because it was
3 already swollen. And it hurt even for her to put the ice
4 on it. And then she told me to go down to the emergency
S room down at Seidle, and I did.
6 Q
7 A
8 Q
9 A
10 Q
11 hospital?
12 A
13 Q
.
h
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Did you drive yourself?
Yes.
she didn't take you?
No,
You went from the arcade home and then to the
Yes,
Do you have any idea what time you arrived at
14 the hospital?
lS A I don't remember the exact time.
16 Q How long were you at the hospital?
17 A I was there at least hour and a half.
18 Q Were you admitted to Seidle Memorial Hospital
19 at that point?
20 A I wouldn't call it admitted. They had X-rays
21 done of my foot.
22
Q
23
A
24
Q
2S hospital?
And sent you home?
Yes. And they put me in a temporary cast.
Did they give you any medication at the
-,
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A I think they only gave me Tylenol 3 to take for
when I got home for the pain.
o And did they tell you to do anything else?
A Put ice on it and keep it elevated.
o Put ice on it through a temporary cast?
A The temporary cast only covered the bottom,
around the back, and then just like an Ace bandage around
it.
o So you're supposed to take that off?
A No, keep it on and just, like, put ice around
it.
12 0 Did you do that?
13 A Yes.
14 0 Now, did they ask you what happened at the
15 emergency room?
16 A Yes.
17 0 What did you tell them?
18 A At first I didn't want to get anybody in
19 trouble, and I told them that I dropped a cinder block on
20 my foot.
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Why did you think that anybody would be in
o
trouble?
A I wasn't sure at the time. I didn't know how
to go about doing it because I didn't want to get anybody
in trouble.
I)
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Q At that point when you were telling them at the
emergency room what happened did you know -- or did you
believe, I guess is a better question. Did you believe
that Missy had run over your foot?
A Yeah.
Q You did?
A Yeah.
Q But you didn't tell the emergency room people
that?
A No.
Q Did you ever drop a cinder block on your left
foot?
A No,
Q You just completely made that up?
A Yes.
16 Q How long were you to wear the temporary cast?
17 A Until the next day,
18 Q And what were you supposed to do the next day?
19 A I went to see Dr. Lippe.
20 Q Had you seen him before this incident?
21 A No.
22 Q How did you get to Dr, Lippe?
23 A I do believe my mom drove me down to him.
24 Q Did the emergency room people tell you to go
25 see Dr, Lippe?
1 A Yes. They scheduled an appointment for me to
2 see him and have a regular cast put on.
3 Q And when you went to see Dr. Lippe, what did
4 you tell him happened?
5 A The first thing -- when I first told him I told
6 him exactly what I told them in the emergency room. And
7 then he said, Well, it's real bad. And then I told him
8 exactly what happened.
9
10
Q
A
You told him your cinder block story, too?
Yeah, and then I corrected it and told him I
11 had my foot ran over.
12 Q Did you correct it that day?
13 A No, I think it was the next visit.
14 Q Was your mother there when you saw him?
15 A Yes,
16 Q Was she there when you told him the cinder
17 block story?
18 A No, I do believe she was out in the waiting
19 room.
20 Q Did you tell your mother you were going to tell
21 this cinder block story?
22 A Yes,
23 Q And she was okay with that?
24 A No, not really,
25 Q So you told Dr, Lippe that you dropped a cinder
41
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block on your foot?
A Um hum.
o And he didn't believe you?
A No.
o What did he say?
A Because of how bad the injuries were, he said
there's no way a cinder block dropped on my foot.
o And what did you do at that point?
A I didn't know what to say because he caught me
off guard. I was, like, maybe this will work. I knew at
the time that she didn't have a license -- or a learner's
permit she had. And I didn't want to get her into trouble
and lose her license and all that for driving on it. And
then I didn't know what to do when he said that. I was,
like I just, like, left it go.
o Spilled your guts?
A Yeah.
o Okay. Did Dr. Lippe do X-rays in his office?
A Yes.
o And did he put a cast on?
A Yes.
o How long were you casted?
A I had two different casts on, The first one
was on for a week, but it was too tight. And then they
put on another one, And I had that on for, I think, maybe
~
,
43
1 six weeks after.
2
Q
During the period of time that you were in the
3 cast, were you able to do your job at the arcade?
4 A
5 Q
6 crutches?
7 A
8 Q
9 A
10 Q
Yeah, because I just sat down in the chair.
Once you got the cast off, did you walk on
Yes.
For how long?
For two weeks.
And then what happened? Were you able to walk
11 on the foot again?
12
A
Yeah, on and off,
And how was your foot once you stopped walking
14 on the crutches? You had it casted and you used the
13
Q
15 crutches. And how was your foot when --
16 A At first I had a lot of pain in my foot when I
17 was walking, There was like a popping noise from the
18 joints popping,
19
Q
Did you tell Dr, Lippe about it?
Yes,
What did he say?
He told me I was going to have problems with it
23 from then on, And he told me that I had a 25-pound weight
20
A
24 restriction, that I couldn't lift anything over 25 pounds
21
Q
25 and I couldn't be on my feet for a long period of time,
22
A
,
I
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o For how long?
A I don't remember the exact time he gave me for
how long to stay off my foot.
o How long were you to have the 25-pound weight
restriction?
A He said indefinitely.
o You don't currently have a 25-pound weight
restriction, do you?
A I don't know if it's still on or not.
o When was the last time you saw Dr. Lippe?
A Four months ago.
o What were your complaints at that point?
A At that time I was working at another place.
It was called American Furniture, I was basically just a
stock guy, I was just putting stuff together for them.
And every once in a great while I'd go and help them
deliver.
o Which required lifting in excess of 25 pounds?
A No, most of the times it did not.
o Most of the time
A It was just
o Let me finish my question.
A Sorry.
o Most of the time that you were lifting
furniture with American Furniture you're saying it was
")
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furniture that weighed less than 25 pounds?
A Yes.
Q How about the couch that fell?
A That was the first time I went out on a
delivery with something heavy,
Q And what happened with the couch?
A It was two of us holding it up and there was
one guy on top. They had to take it out of a second-story
window. That's why they asked me to help so I could just
help hold it back. And I was doing so. And then the one
11 guy let go of it that was helping me in the back part.
12 And it slid down and hit my foot,
13 Q Your left foot?
14 A Yes.
15 Q Did it hurt your left foot?
16 A Yeah,
17 Q And that was, you said, four months ago?
18 A Four, four and a half months ago.
19 Q Prior to that, when had you last seen
20 Dr. Lippe?
21 A I don't remember exactly.
22 Q Had your treatment with Dr, Lippe for the left
23 foot stopped?
24 A No, I've seen him various times after I had
25 the cast off and everything else.
~
\...J
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Q
A
Q
More than five times?
I don't recall if it was more than five or not.
Have you treated with anyone else other than
Dr. Lippe?
A
No.
Q Who's your supervisor at American Furniture?
A It was -- his name was -- we always called him
Pasky. He's Spanish. I don't know his full name.
Q Tell me again what your job was at American
Furniture.
A Basically just stock, warehouse guy. I just
put together -- I wouldn't say tables, but, like, end
tables and then the little metal stands and that.
Q How long did you work for American Furniture?
A I worked for them for about five months.
Q Why did you leave?
A There just wasn't enough hours or anything,
They were cutting back a lot,
Q And this was in 1997?
A Yes.
Q Where had you worked prior to working for
American Furniture?
A I don't recall offhand, I don't recall offhand
exactly where it was.
Q I want to start in 1995. At the time of this
')
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accident you were employed at the arcade?
A Yes.
o When did you leave the arcade?
A I left the arcade in May.
o Of 1995?
A Yes.
o Why?
A Because they closed down.
o Did you get another job?
A Not right away, no.
o At some point did you get another job?
A Yes.
o Where?
A I do believe it was the Uni-Mart on Lisburn
Road.
o When did you start there?
A I don't know exact dates.
o Was it in 1995?
MR. BRENNEMAN: I'm sorry to interrupt. Are
you talking about after the accident?
MS. GRAB: Yes, I'm talking about 1995.
THE DEPONENT: I do believe it was in 1995, I
think,
BY MS, GRAB:
o What did you do at Uni-Mart?
-)
...}
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2S
A Cashier. That was it.
Q Who was your supervisor?
A Her name was Pam. I don't know her last name.
Q Why did you leave there?
A I was working third shift and I just couldn't
handle it. It was too late.
Q Did you get another job?
A Yes, but I don't remember where. I've had a
few various jobs in between.
Q Like what?
A I worked at Texaco.
Q Where?
A Simpson Ferry Road.
Q Doing what?
A Cashier.
Q And how much did you make there? Do you know?
A I think six and a quarter an hour.
Q Why did you leave?
A Their hours got cut back big time.
Q Where else?
A I think I tried going back to Carpet Mart.
Q When you say going back, when had you been at
Carpet Mart?
A I worked at Carpet Mart prior to the accident.
Q Prior to January of '9S?
")
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2S
A Yes.
Q Which Carpet Mart?
A Mechanicsburg.
Q What were you doing at Carpet Mart after the
accident?
A I was cutting the carpet for installers.
Q How long did you do that?
A I did that for three months.
Q Why did you leave?
A I couldn't lift because of my foot. The stuff
was too heavy.
Q Where did you go next?
A I think I went back to Texaco,
Q How much did you make at Carpet Mart? Do you
recall?
A $6 an hour.
Q And you went back to Texaco as a cashier?
A Yes.
Q And that's the one on Simpson Ferry Road?
A Yes.
Q How long did you work there the second time?
A Second time I only worked there a month and a
half,
Q
A
Why did you leave?
Because they wouldn't give me more hours.
~\
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o They wouldn't give you more hours?
A Yeah, they wouldn't give me more hours. I
wanted more hours and they wouldn't give them to me.
o And where did you go then?
A Then I think I was off for a little while. I
didn't work for a while.
o How did you support yourself?
A At the time I was living with my mom.
o Okay. Then did you get another job?
A Yes, and I'm trying to remember where. I don't
exactly remember where I was.
Q Let's go at it another way. You said that
currently you're employed at Mitrani and Company?
A Yes.
o Where did you work before you went to work
there?
A It was American Furniture.
Q And how long were you with American Furniture?
A I was with them five or six months.
Q In 1997?
A Yeah, It was, I think, June of '97 when I
started it.
Q Do you know where you had worked just before
working at American Furniture?
A No, I don't remember,
51
~
1 Q Do you know whether or not you went from Texaco
2 the second time to American Furniture?
3 A No, there was a period in between that. I
4 don't remember. I tried one job at ADW.
5 Q What's ADW?
6 A It's a trucking place. It was right down here,
7 Arnold Logistics, That's the name for it.
8 Q Arnold Logistics?
9 A Yes. And it was packing books into boxes.
10 Q Why did you leave there?
11 A I was on my feet too long and my foot started
12 to hurt too much. It would swell up.
13 Q Any other places of employment that you can
14 recall?
15 A No, not offhand, no. I have them all written
16 down at home. I don't remember,
17 Q And is it your testimony that you don't know
18 whether or not currently you have a lifting restriction
19 from Dr. Lippe?
20 A Currently I don't remember. I know he did say
21 I will have problems with my foot indefinitely, but I
22 don't know if right now at this point the weight
23 restriction is on.
24 Q Was there a period of time after the incident
25 in January of '95 in which you were unable to work at all?
52
") 1 A No, not really because I was sitting down at
2 the arcade. I worked right after it.
3 Q Are there any other physical restrictions that
4 Dr. Lippe has imposed?
5 A He said I have arthritis in it. If I still
6 have problems, he wants to try some sort of injections in
7 it. But I don't know exactly what they are called.
8
MR, BRENNEMAN: I think her question was what
9 physical restrictions he's put on you.
10 BY MS. GRAB:
11 Q Restrictions.
12 A I can't stand on my feet for a long amount of
13 time, and I can't lift a lot. I know that.
14 Q Now, has Dr. Lippe ever said to you, for
15 instance, I don't think that you should have a job that
16 requires you to be on your feet for more than three hours
17 at a time?
18 A Yes.
19 Q He has?
20 A Yes.
21 Q Has he ever provided you with something written
22 that says that so that you could provide it to an
23 employer?
24 A I think at first he did, but I don't recall. I
25 don't know if I still have it or not.
"
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Q What was the amount of time that he said you
could stand --
A He didn't put a time on it.
Q He said that you should limit your standing?
A Yes.
Q And you should limit your lifting?
A Yes.
Q Anything else that you should limit?
A I just can't do strenuous activities. Other
than that, I don't remember.
Q Any strenuous activities?
A Well, I don't know what he meant exactly. I
guess with walking and standing and lifting and all that,
all types that you do with your legs and feet.
Q Had you ever injured your left foot before
January 31
A No.
Q -- of 1995?
MR. BRENNEMAN: Let her finish her question.
THE DEPONENT: I'm sorry.
BY MS. GRAB:
Q Had you injured your left foot prior to January
31 of 1995?
A No, I have not,
Q Since January 31 of 1995, other than the couch
1
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that we talked about while you were working with American
Furniture in 1997, have you had any other injuries to your
left foot?
A No, I have not other than the continuing
problems with it.
o What are the continuing problems?
A My foot swells up a lot.
o How often?
A I'd say a couple times a month my foot swells
up.
o What other continuing problems?
A I have pain in it and it pops every once in a
while.
o Is that pain constant pain?
A Yeah.
o Your left foot hurts right now?
A No, not at this moment.
o Okay, But then it's not constant, is it?
A I wouldn't say that it's constant, but it's
I'm trying to think of the word for it. Not constantly,
but most of the time. Not all the time, no.
o Okay. So it doesn't hurt every day?
A No.
o There are days that go by that it doesn't
bother you?
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A Yes.
a Are there weeks that go by that it doesn't
bother you?
A No.
a So at least once a week you are aware that you
got this pain in your left foot?
A Yes.
a More than once a week?
A Yes.
a What do you do for the pain?
A I usually take Ibuprofen.
a Does that help?
A Sometimes but not all the time,
a Is there anything else that you do for the
pain?
A No, other than put it up. And that's about it.
a And does putting it up help?
A Sometimes.
a Have you missed any time from work at Mitrani
and Company as a result of this pain that you've described
to your left foot?
A No.
a Let's talk about 1997, How often did you treat
with Dr, Lippe for the left foot?
A In '97, I think it was only maybe two times.
)
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Q How about 1996?
A 1996, it was a good many times. I don't
remember how many exactly, though.
Q How about thus far in 1998? Have you seen
Dr. Lippe?
A
Q
No.
Do you have an appointment scheduled to see
Dr. Lippe?
A No.
Q The last time you saw Dr. Lippe, what did he
tell you in terms of coming back?
A Just as needed.
Q Are there activities, recreational activities
or activities that you engaged in before January of '95
that you don't do now?
A Yeah.
Q Like what?
A Weight lifting. I can't press some weights
with my legs anymore.
Q Press weights with your legs?
A Do leg presses.
Q How often did you do that before January of
'95?
A I used to go to the gym once or twice a week.
Q What gym?
)
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A
Q
A
Q
A
Q
A
B Q
9 1994?
10 A
11 Q
12 A
13 Q
14 A
15 Q
16 incident?
17 A
1B Q
57
At the time it was Gold's Gym.
Where was it?
The one over in Harrisburg.
Is it still there?
Yes.
Did you have a membership?
No.
And you were there once or twice a week in
Yes.
By yourself?
No, I would go with Casey.
Anything else?
I can't do bike riding anymore.
How long did you ride a bike before the
Few times a week.
Have you ever talked to Dr. Lippe about riding
19 a bike and whether or not that was something that you
20 could do?
21 A No. I tried doing it once and I couldn't do it
22 because I started having pain immediately from putting
23 pressure down on it.
24 Q When was that?
25 A That was last year.
"
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Q Have you played football since January '95?
A No, I ha~e not.
Q Any other impact that thp. injury's had on your
day-to-day life?
A Just walking around. I can't hold the kid -- I
can't hold my boy very long if I'm holding him standing.
Q Anything else?
A No.
Q How much does your son weigh?
A Twenty-two pounds.
Q Is it your girlfriend Michelle?
A Urn hum.
Q You're not married?
A
No.
Q Have you ever been married?
A No.
Q Is she employed?
A Yes.
Q Where?
A Book-of-the-Month.
Q Full-time?
A Yes.
Q Have you given any statements to anybody about
the incident involving Missy McGee in January of '95?
A No.
.......,
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Q Have you ever been contacted by anybody that
said they wanted to take a recorded statement?
A No.
Q Are you aware of anybody who witnessed what
occurred?
A Yes.
Q Who?
A Dan and Casey.
Q What's Dan's last name?
A Bricker.
Q Do you know where he lives?
A : don't know his exact address, no.
Q Do you know his phone number?
A Not offhand. I have it written down at home.
Q When was the last time you talked to him?
A A month ago.
Q Are you and he friends?
A Yes.
Q How often do you see him?
A We used to see each other all the time. But
with the different work schedules and that, I haven't seen
him all that much lately.
Q What's Casey's last name?
A Harnil ton.
Q Where does he live?
')
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A He lives out in Dillsburg somewhere now.
Q Do you still speak with him on a regular basis?
A No.
Q When was the last time you talked to him?
A Maybe about three months ago.
Q At the time of this accident in January of
1995, did you have a driver's license?
A Yes.
Q How old were you?
A Eighteen, nineteen.
Q What's your date of birth?
A 1/9/76.
Q January 9, 1976?
A Yes.
Q And your social security number?
A 163-68-0783.
Q Does your license have any restrictions on it?
A No.
Q You're wearing glasses. Are you required to
wear glasses to drive?
A No.
Q Ever have your license suspended or revoked?
A Yes.
Q When?
A I don't remember when the first time was.
"1
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4
Q
Are we talking about revocation or suspension?
A
Suspension.
Q
More than once?
A
Yes. Well, the second one was for points
5 accumulation.
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10
Q
What was the first one for?
A
First one was for transporting alcohol.
Q
When was that?
A
I think I might have been 17.
Q
I may have asked you and, if so, I apologize.
11 I think you said you haven't treated with anyone as a
12 result of this accident other than Dr. Lippe?
13
14
A
Yes.
Q
And you went to the Seidle Memorial Hospital
15 emergency room?
16
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20 left foot?
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-~
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A
Yes.
Q
Who is your family doctor?
A
Dr. Zimmerman.
Q
Did you see Dr. Zimmerman for injuries to your
A
Yeah, once.
Q
When?
A
It was eight months after it happened, I guess.
Q
Why did you go see him?
A
Because I had -- at the time I was going there
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just for a sinus infection, plus I was also having pain in
my foot. And he also had a copy of the records of what
happened.
Q Does he have the cinder block version or the
other version?
A The car. He has the car.
MS. GRAB: I don't think I have anything else.
MR. BRENNEMAN: I may have a few.
MS. GRAB: Why don't you go ahead?
BY MR. BRENNEMAN:
Q Mr. LePore, you said you were on the hood of
the car for approximately 15 seconds while it was rolling;
is that correct?
A It might have been even less. I mean, 15
seconds, that was just a quick guess at how long it was
rolling.
Q Do you have a watch on?
A Not at this moment.
Q Do you see the second hand on my watch?
A Okay. I know it wasn't no 15 seconds. That
would have been too long.
Q So you believe it's less than 15 seconds?
A Yeah.
Q Considerably less?
A Yeah. Maybe at the most, I guess, it would
~
1 have been maybe five seconds at the most.
2
Q
Now, when you went off the hood of the car, do
3 you recall your left foot hitting something?
4
5
6 or the road?
7
8
9 correct?
10
11
A
Yes.
Q
Do you know whether your left foot hit the tire
A
I don't know if it was the tire or the ground.
Q
But you do recall it hitting something; is that
A
Yes.
Q
Do you recall as you sit here today the wheel
12 of the car running over any part or portion of your foot?
13
14
A
I don't recall it exactly.
Q
How soon after you got off the hood of the car
15 did you have the sensation of pain to your left foot?
16
17
A
Immediately when I first got off.
Q
Where was this pain? Was it on the top of the
18 foot, the side of the foot, the bottom of the foot, the
19 back of the foot?
20
21
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23
24
25
--'
A
On the top of the foot.
MR. BRENNEMAN: That's all I have.
MS. GRAB: I don't have anything further.
(E. LePore Deposition Exhibit A was marked.)
(Whereupon, the deposition was concluded at
11:46 a.m.)
64
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Eric lePore v. Missy McGee
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Archive Rcporbng Services (717)234-5922
Index Page I
Eric lePore v. Missy McGee on cnscIt Consldcra Iy - Grab
ConsidcrablY(l1 dchvcrylll 45:5 dropped "I 39:19 cxhibit[ll IS:9 43:15 43:16 44:3
63:24 DEMANDED III 41:25 42:7 64:23 45:12 45:13 45:15
constant (11 54:14 1:3 drovclll 40:23 EXHIBITS (II 2:13 45:23 49:10 51:11
54:18 54:19 DEPONENT(sl duly [21 3:8 65:10 cxitlSI 14:11 14:22 51:21 53:15 53:22
54:3 54:7 54:9
constantly III 54:20 2:2 18:15 30:14 during (II 15:15 21:10 21:12 21:13 54:16 55:6 55:21
contacted (II 60:1 47:22 53:20 16:3 43:2 Expires III 65:23 55:24 62:20 63:2
contained II) 65:16 dcposition ['I 1:7 dusk III 22:2 cxtent III 4:11 64:3 64:5 64:12
continuing I]) 54:4 18:9 64:23 64:24 EI]I 2:1 6:8 facing (1'1 17:9 64:15 64:18 64:18
54:6 54:11 65:10 65:17 64:23 17:13 17:IS 17:20 64:18 64:19 64:20
control III 9:16 dcpositions (I) 65:5 casicstlll 18:S 17:22 17:23 21:20 football 121 5":16
convcrsation I]) describe (2) 16:14 Eastlll 6:13 21:21 21:23 21:24 ~9:1
24:10 33:21 34:9 16:1~ eight 11162:23 28:10 28:12 28:14 foregoing III 65:7
dcscribed 1') 16:10 29:3 29:5 30:16 form (II 3:5
copy 121 63:2 65:17 16:18 55:20 Eighteen (II 61:10 fact (II 11:4
corncrlll 20:7 diagram III 2:15 cither 121 3:24 fairly III 22:6 forward 121 29:12
30:18
correct II) 4:7 18:5 23:6 4:2~ fairncSSII) 35:24 found (21
12:1 18:14 29:7 diffcrenee (II 36:23 clcvated (II 39:4 ~:16
41:12 63:13 64:9 fall 121 8:1" 30:22 5:24
65:18 diffcrent 1]1 5:4 cmergcncy 111 38:4 family (II 62:17 four11417:16 7:21
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Dillsburg (I) 40:24 41:6 62:15
couch (4) 37:22 61:1 employcd [61 37:19 56:4 16:20 16:22 21:9
dil'l".ction 161 17:9 7:1 f artI1cr J2I 21:9 30:4 44:11
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Eric LePore v. Missy McGee
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Index Puge 5
Eric LePore v. Missy McGee
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54:7 54:10 55:16 wheel 1'1 25:22
55:17 25:24 25:25 29:16
upstairs II' 17:)7 29:21 29:22 29:25
usedl41 43:14 56:24 31:20 64:11
58:18 60:20 whercofll) 65:19
usually III 55:11 window (41 25:6
VallCYll1 8:12 25:8 25:24 45:9
varicd II) 11:14 windshicld 131 26: I
various (2J 45:24 26:4 29:16
48:9 within III 65:17
vchiclc 1441 4:17 witncss (21 3:8
4:19 4:22 4:24 65:10
5:8 5:22 12:23 witncsscd 111 60:4
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17:6 17:6 17:9 word III 54:20
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21:21 21:23 23:6 workcd 1101 10:4
23:9 25:4 25:11 11:17 11:25 46:15
25:14 26:11 30:8 46:2) 48:11 48:24
30:16 30:18 30:21 49:22 50:23 52:2
31:8 32:14 32:20 write (4)18:22 19:4
33:2 33:11 34:23 19:11 19:17
35:2 35:4 35:10 written I]) 51:15
35:11 35:13 35:25 52:21 60:14
36:2 36:6 36:11 '/TOng 141 13:23
37:4 18:21 33:1 37:24
vchiclcs III 16:19 XII) 2:1
vcrbalizc (II 3:21 X-rays 131 32:17
vcrsion 121 63:4 38:20 42:1"
63:5 ycarl61 4:24 6:20
Vcrtison 121 6:6 8:20 13:23 57:25
6:8 58:1
visit III 41:13 yctl21 8:15 24:21
VSIII 1:2 yourself (101 6:16
waiting III 41:18 6:23 28:3 2":5
waivcdlll 3:4 29:24 35:10 37:9
walk 121 43:5 43:10 38:6 50:7 57:11
walkcdlll 24:3 Zimmerman 12162:18
62:19
walking ISI 22:18 [siclll1 11:13
43:13 43:17 53:13
59:5
wants III 52:6
warehouse III 46:11
watch 121 63:17
63:19
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objective evidence of injury which had ultimately resolved leaving some slight limitation in ann
function. Ultimately, the court held that the plainliff did not sustain a "scrious injlJry" and summary
judgment was granted on behalf of the defendant.
Washinl!ton v. Baxter,~, holds Ihat summary judgment may be granted in a limited tort
case, utilizing the DiFranco and Dodson criteria, noting that summary judgment shall be granted if
the evidence is clear and convincing. Hence, Washinl!ton reaffirms and adopts Pennsylvania's
longstanding summary judgment test.
In Washington, 3upm. the court noted the plaintiff was diagnosed as suffering contusions,
sprains and strains due to a motor vehicle accident. He treated in the emergency room but was not
admitted to the hospital following the motor vehicle accident.
The plaintiff ultimately missed four or five days of work. His treating physician characterized
his injury asjointarthritis or coalition in the right foot with the possibility that the plaintiffmight need
an orthotic heel lift. Id, at 741. Plaintiff's physician also injected one shot of cortisone into the
Plaintiff's right foot. Id, at 741. At the Plaintiff's deposition, the Plaintiff testified that he had foot
pain approximately every other week but is ablc to perform his normal work duties and activities
besides not being able to ride a lawn mower. Id. at 74 I, Ultimately, the Pennsylvania Supreme Court
affirmed the trial court's decision to grant summary judgment to the defendant based upon the limited
tort issue. A copy of the Pennsylvania Supreme Court's opinion in Washington v. Baxter is attached
hereto, and marked Exhibit A.
The new summary judgment rules mandate that the plaintiff, who bears the burden of proof
at trial, put forth evidencc of facts, including experts reports, which demonstrate a triable issue to be
5
put before the jury. Pa, R.C.P. Rule 1035.2(2).
The injuries sustained by the plaintiff in this case are even less "serious" than those sustained
by the plaintiffs in Dodson or WashinlJlon.
In the instant case, the Plaintiff broke his left foot. He went to the emergency room after the
accident, was x-rayed and released. He followed up with Dr. Ronald Lippy who placed him in a cast
for six weeks. Upon removal of the cast in March of 1995, Mr. Lepore was seen by Dr. Lippy on
six occasions. Dr. Lippy prescribed Naprysn in August of 1995 and at that time placed the Plaintiff
under a twenty-five pound lifting restriction. Plaintiffhad no treatment fonn November 2, 1995 until
October I, 1997 for the left foot. On October I, 1997 he was scen again by Dr. Lippy and reported
that he was employed by American Furniture and while attempting to unload a sleeper sofa it had
been dropped on his left foot.
Despite dropping a sleeper sofa on his left foot, Dr. Lippy opines that Mr. Lepore's current
complaints of pain related to his left foot are the result of the motor vehicle accident of January 31,
1995.
Even if this court were inclined to accept Dr. Lippy's opinion that Mr. Lepore's broken left
foot which required six weeks of casting and follow up with Dr. Lippy on six occasions resulted in
post traumatic arthritis and a "serious injury", the inquiry does not stop here. The Courts have
detennined that what is significant is not the injury itselfbut the effect the injury has on the individuals
ability to function. Mr, Lepore was obviously capable of working for American Furniture and
perfonning thc heavy job responsibilities associated therewith.
Dr. Lippy indicates in correspondence to Plaintirr s counsel dated February 17, 1998 that he
6
believes that the injuries which the Plaintiff sustained to his left foot and are permanent and impair
his ability to walk and use his left foot. Dr.. Lippy renders this opinion despite the fact that hc has
not actively treated the Plaintiff since November of 1995. As the records from Dr. Lippy's office
reveal, Dr. Lippy did not see Mr. Lepore at all in 1998, he saw that Plaintiff one time in 1997 and not
at all in 1996. Given these facts, Dr. Lippy's opinions are not credible.
On November 30, 1998 the Plaintiff was examined by Dr. Lawrence S. Pollaek. A true and
corrcctcopy of Dr. Pollack's report is attached hereto, and marked Exhibit B. Dr. Pollack notes that
the Plaintiff did sustain a fracture of his left foot. Moreover, Dr. Pollack took x-mys in November
of 1998 which reveal that the fractures are healed and that there is no evidence of post-traumatic
P.rthritis. Dr. Pollack believes that the Plaintiff can work and function without any restriction relative
to the accident.
When deposed, Mr. Lepore indicated that with respect to limitations, he could not push
weights with his legs, play football with his friends, or ride his bike as before the accident. These
certainly are not life altering activities. Mr. Lepore did not sustain a serious injury as that term has
been defined in the Court of Pennsylvania for purposes of establishing Entitlement 2 electing limited
tort covemge.
Numerous courts have granted summary judgment where plaintiffs have not met the
requirements of the "serious injury" threshold, These cases, as hereinafter enumemted, were decided
utilizing the DodsonIDiFranco criteria, subsequently adopted by the Pennsylvania Supreme Court in
Washinl!ton v. Baxter, SUDm.
See Benedict v, Slifco. slip op. no, 94-3717 (Washington County December 26,1995 - soft
7
tissue injury and associated pain in the neck, back and headache do not rise to a "serious injury");
Steilzer v, Brown, A.D. 1994 (Crawford County January 19, 1996 -Iowcr back injuries, cervical
injuries, knee injuries and sprains/strains and contusions and abrasions which resulted in an inability
to perfonnjobs requiring prolonged standing or walking or repetitive or heavy lifting, straining or
bending does not rise to the level of "serious injury"); Webb & Pender v, Laube, G.D. 93-8589
(Allegheny Co., May 3, 1996 - pain in lower back, neck and shoulder which was aggravated by
walking, sitting, which led to inability to do exercises or play softball was not a serious injury,
pennanent injury to the coccyx area which led to pain when silting and having a bowel movement was
not a "serious injury"); Whitmore v. Sweitzer, 93-SU-03081-01 (York County, March 7,1996 - No
testimony or medical reports to indicate accident caused plaintiff's alleged injuries in combination
with only complaints of cervical pain do not rise to a "serious injury"); Yanuzzi v, Reed. No. 1995-C-
337 (Northampton County, July 9, 1996 - acute low back pain, post-traumatic headache, right rib
strain and right knee sprain without severe limitation of bodily function is not a "serious injury");
Davies v. Rashomz, No. 93-05483-202 (Bucks County, September4, 1996 - fractured skull rendering
unconscious with five-day hospitalization with return to normal activity within a month and a halfis
not a "serious injury"); Flowers v, Smilh, No. 1145 Civ. 1994 (Monroe County, July 9,1996 - right
elbow, neck, back and sciatic nerve injury with six-month work loss not serious as plaintiff has
returned to work full-time and had not sought medical treatment for more than two years); Bell v.
~ No. 94-SU-4571-01 (York County, April 22, 1997 - multiple contusions, cervical strain and
psychological problems does not conslitule serious impairment of a body function); Hassinl!er v.
Gates, No. 4966 of 1993 (Lancaster County - May 9, 1997 - hernialed lumbar disc and lumbago
8
Exhibit A
'.
~
l
734 Pa,
719 ATlu\STIC nt:I'OIITEn, ~d SEnlES
~:i
preme Court, No. 004 M.D. Appeal Docket
1998, Cappy, J., held that (1) ultimaw dewr.
minaUon of whether a limited tort elector
sustained a serious injury. so as to pt~rmit
recovery DC noneconomic damages. should be
made by jury in all but the clearest of case"
and (2) motorist's injury was not ,eriou,.
Affinned,
Flaherty, C.J., concurred and med opin.
ion in which Zappala and Castille. JJ" joined,
t, Appeal and Error *'93-1(1)
On review of summary judgment matter,
Supreme Court must view the record in the
light most favorable to the non-moving party,
and all doubts as to the c.'Ciswnce of a genu-
ine issue of material fact must be resolved
against the moving party,
2, Judgment *'185(2, 6)
To withstand a motion for summary
judgment. a nonmoving party must adduce
sufficient evidence on an issue essential to his
case and on which he bears the burden of
proof such that a jury could return a verdict
in his favor; failure to adduce this evidence
establishes that there is no genuine issue of
material fact and the moving party is entitled
to judgment as a matter of law,
3, JlIlkJnent *,181W
Summary judgment will be granted only
in those cases which are free and clear from
doubt.
4. Appeal and Error *'863
Supreme Court's scope oC review in sum-
mary judgment matter is plenary,
5. Statutes *'216
While 'tatements made by legislators
during the enactment process are not di,pos.
itive of legislative intent, they may be prop.
erly considered as part of the contempomne.
ous legislative history.
6, Automobiles ,,",251.19
Judgment <>=>181(3.1)
Threshold determination of whether mo-
torist who elected limited tort option in auto-
mobile insurance policy sustained a serious
injury in motor vehicle accident, so as to
pennit recovery oC noneconomic damages. ~
not to be made routinely by trial court jud~
00 motion for summary judgment, but is to'
he len to jury unless reasonable minds could
not differ on issue of whether serious injury
has been sust:uned, 75 Pa,C.S.A, H 1702,
1705(d),
7. Judgment \l=>181(2)
Even where there is no dispute concem_
ing the facts, a motion for summary judg-'
ment should not be granted where those .
facts support conflicting Inferences. '
8. Automobiles <>=>251.15
,
The "serious impairment of body func. ,
tion" threshold which must be met for limited
tort elector to maintain action for noneco- .
nomic loss arising from motor vehicle acci-
dent asks (I) what body function, if any, was ~
impaired because of the injuries sustained in .
a motor vehicle accident. and (2) was the
impairment of the body function serious, 75
Pa.C,S.A. ~~ I.OZ, 1705(d),
9. Automobiles *'251.15
In determining whether the impairment
of body function was serious, for purposes of
the "serious impairment of body function" .
threshold which must be met for limited tort
elector to maintain action for noneconomid
loss arising from motor vehicle nccident, sev:
era! factors should be considered: the c.xtent
of the impairment, the length of time thi
impainnent lasted, the treatment required to
correct the impainnent, and any other rele;:,
vant factors, 75 Pa.C.S.A. ~~ 1702, 1705(d),
10, Aulomoblles <>=>251.15
Impainnent of body function need not be ;
pennanent to be "serious," for purposes of :
the "serious impairment of body function~
threshold which must be met for limited tort
"
elector to maintain action for noneconomic:
loss arising from motor vehicle nccident. 7~
Pa.C.S,A. ~~ 1702.1705(d), :
See publication Words and Phrases
for other judicial constructions and def.
inilions.
II. Automobile. \l=>251.15 .
Motorist who elected limited tort option
in automobile insurance policy did not sustain'
a serious injury in motor vehicle accident..
and thus, motorist could not recover nont?CO"' :
J
W ASJIlNGTON v. BAXTER
Cltu.719 Ud 73J IPL '998)
Pa, 735
"
l
:c.
nomic damages; motorist's injwie.! as ding-
nosed by emergency room physician were
mild, mot",;st Wllll di"harged al\cr a Cello'
hours, mot",;st missed only Cour or five shifts
at both his full-time and part-time jobs in
which he was required to perform most oC his
work while on his Ceet, treatment Cor motor-
ist's injuries was not Co'<lensive, and although
some type of arthritis or coalition nfTected
motorist's Coot, the injury seemed to have
had tittle or no impact on motorist's perfor-
mance oC his job functions and engagement
in personal activities, 75 Pa,C,S.A. U 1702,
1705(d),
James A. Nettleton, Jr" Lancaster, Cor
Kenneth Washington,
John Philip Stengel. Lancaster, Cor Robert
L, Baxter, Jr,
BeCore FLAHERTY, C,J" and ZAPPALA,
CAPPY, CASTILLE, NIGRO, NEWMAN
and SAYLOR. JJ,
OPINION OF THE COURT
CAPPY, Justice,
The question presented in this appeal is
whether summary judgment was properly
entered against Kenneth Washington ("Ap-
pellant"), a limited tort eleetor, in his action
for noneconomic"losses arising out of an auto-
mobile accident, Because we fmd that Ap-
pellant has not presented sufficient evidence
to show that he suffered a serious impair-
ment oC a body function, and therefore has
not sho\\'T1 he is entitled to recover nonCCo.
nomic damages, we affirm the entry oC sum-
mary judgment against Appellanl
I. As this is:ll summary judgment maUer, we view
Ihe record in the light most f3vorable to Appel.
lanl as Ihe non-moving party. and all doubts as
10 the e:'(i~lence of a genuine issue of material
(:let must be: resolved against the moving party.
Pcnns.\'h'atlia SlaU U'lj\'f~rsily v. Coun,y of Ct!ntrr.
532 Pa, 1.2. 1.-1- H5. 615 A,2d 303. 30. (J 992t
2. Deposition testimun~' indicates that the analge.
sic w.:as Ihuprofen.
3. The suhtal.:ar joint is below the lalus in the fOOl.
H. Winter Grirlllh. Complttt GuicU 10 Sports In;".
tit's (1986).
4. Two different documents. purportedly generat.
ed b~ Dr. Brellm. ""'ere appended to Plainlirrs
Respomc 10 Ddendant's Motion for Panial Sum-
m.:ary Judgment. As nOled by the trial coun
The record reveals I that on April 15, 1994,
Appellant was operating a motor vehicle
which was slnlck by a vehicle driven by
Robert L, Baxter ("Appellee"), As a result
oC the acciden~ Appellant suffered il\iuries
which included cervical strain or sprain, cuts
and contusions, as well as an Il\i1lry to his
right CooL The il\iury to the Coot was diag-
nosed as a mild sprain or strain, Sl Joseph
Hospital Emergency Room Records, 4/151901,
He was treated at a hospital emergency
room that day, received a prescription-
strength analgesic.' and was discharged with-
in a Cew hours, Id.; Deposition, 5105195, at
2:),
"
Immediately alWr the accident, Appellant
was unable to work at his two jobs, both of
which required him to perform the bulk of
his work while on his feel At his first job,
where he worked a forty-eight hour a week
schedule, he was unable to report to work Cor
approximately Cour or live days, Deposition,
5105195, at 39, At his second job, where he
worked once a week for three or four hours,
Appellant did not report Cor work for approx-
imately one to two months, Deposition,
5105195, at 51.
Approximately five months after the acei-
~ent, Appellant began treating wiU. Dr.
Douglas Bream, Dr. Bream indicated that
there was "some type oC subta1ar joint' ar-
thritis or eoalition in the right Coot," and that
Appellant might need to utilize orthotic heel
lifts, Attachments to Plaintiffs Response to
Defendant's Motion for Partial Summary
Judgment, 10112/95.' As part of Appellant's
below. these documents from Dr. Bream were
not sworn to and did not conualn a statement
relating to unsworn falsincation to authorities;
one of the documents docs not e...en bear the
signature: of Dr. Bream, These documents there.
fore could not be used to support Appellant's
position thilt summary judgment should not be
enlered against him D.J they were not competent
evidence. Su Pa.R.C.P. 1035 (1995 venion)
("any pany may mo...e for summary judament on
the pleadinas and nny depositions. ..nswen to
inlerroaalories. admi"ions on me and suppon.
Ing affidlwilS."); Pa.R.C.P. 76 (Dc:flnltion of OOar.
Cidavit"). Yel, the trial court nonetheless consld.
ered these documents In renderins iLS decision
on the summary judgment mollon. In liSht of
this action of the trial coun, and as we can find
no indication in the record that Appellee ever
736 Pa.
719 ATLANTIC n.;PORTER, 2d SEItlES
.'
treatment regimen, Dr. Bream admini.wred
one injection or cortiaone into Appellant's
rooL Dr, Bream aJ.o stawd that Appellant
had limited range or motion in one or the
joint:! in hi> right root; he did not, however,
comment on whether that limitation wa.. min-
Imnl or severe, Id,'
Appellant Wll:l depolled approximately one
year after the accidenL At that time, Appel-
lant testified that the injury still caused him
pain roughly every other week, and that his
ankle w.. oflen swollen. Id. at 43. Further-
more. he stated that he w.. able to perlonn
hi> nonnnl job r"po""ibillties l1S he had been
able to prior to the lICcidenL Deposition,
5/05195, at 44. Finnlly, the only lISpect or hi>
life to which Appellant could point to ..
being changed .. a result or the accident Wll:l
that he could no longer use a lawn mower
that had to be pushed, but i""wad must u"" a
riding mower, Deposition, 5/05195, at &I,
At the time or the accident, Appellant was
i""ured under an automobile i""uranee poliey
is.sued by State Fann Mutual Automobile
I""uranee Company, Under thi> policy, Ap-
pellant had elected the Fmited tort option
pursuant to the provisio"" or t 1705 or the
Motor Vehicle Financial Respo""ibillty Law
("MYFRL"),' Section 1705 states in perti.
nent part that
[elach person who elects the limited tort.
alternative remai"" eligible to seek com.
pensation for economic loss sustained in 3
motor vehicle accident us the consequence
or the rault or another person pursuant to
objeclrd 10 the considtr31ion of Ihese documents,
we, 100, shall consider these documc:n15 in n:n.
dc-ring our decision.
5. Although AppcU:ml repealedl)' characlerius
his injuric\ as consilling or a broken bone in his
fOOl, su Appellant's brid at 6. there if no indica.
tion in the: record thai any of his physicians
expressed such an opinion within 3 rc:a!oon3ble
degrer of medical cClUinl)'. Dr. Bream did stale
in an unsigned. unsworn nole written abouI one
of his Initial consuhalions wilh Appellanl thnl
Ihere "could be n.n old fra(lure" in Appellant's
right fuot. Yet. there was no further indication
as 10 wheLher Dr. Bream hnd indeed concluded
that Ihere was an old fracture in Appellant's right
fool. As Dr. Bn:3m never expressed :m opinion.
within a re3sonable degree of medic31 Cer1ainl)'.
thai :I bone in Appellant's foot had been broken.
we .ue unable to assume the c.,islen,e of such a
rradure in e,amining Ihe propriety or grnnting
applicable tort law, Unless the injury SUI'
tained is a serious injury, each per>On who
i> bound by the limited tort. election shaD
be pre<luded from maintaining an actJori
ror any noneconomic 10M, . . ,
.,..
75 Pa.C,S. t 1705(d),T The MYFRL defin..
".erious injury" lIS "a personal injury result-
ing in death. serious impainnent or body
function or pennanent serious disfigure:.
menL" 75 PaC,S, t 1702, ThUll, while an
insured who hoo elected the limited tort 01'0
tion remains eligible to seek compen..tio~
ror economic (0.. sustained in a motor vehicl~
accident caused by the negligence or another,
the insured will be precluded from maintain-
ing an action ror any noneconomic 10Me.!
unless the insured can show that his injuries
CroM the .""rious injury" threshold,
At the close or w.covelj', Appellee filed .:
motion ror partial summary judgment, lLS-
serting that Appellant's status lIS a limited
tort. elector precluded his recovery ror non-
economic damages becawe his injuri.. were
not ""riOWl. The tria1 court, relying on the
Superior Court's decision in DtXbOTl v, E1l'tV,
445 Pa.Super, 479, 605 A2d 1223 (1995) allo-
calur gmnled, 544 Pa. 608, 674 A2d 1072
(1996), granted Appellee's motion ror partial
summary judgmenL Relying on the Superi:
or Court.'s DtXbon deci>ion, the trinl court
concluded that a dewnninalion regarding the
seriousness or a limited tort elector's injurieS
must initially be made by the trial court
judge, Tr, cL slip op, at 3, The trial court
"
Appellee's summary judgment molion. Su Com-
mo"w~J.lltll v. Slo/r:fus, 462 Pa, 4J. J17 A.2d an.
(1975) (a medical opinion Is sufficient 10 support
.. finding when the opinion is civen within a.
rt:lSonable deCfee of medkal cerulnry).
6. The SlalUlory language relotinl to Lhe limited
lort option was enacted as par1 of the 1990
omnibus amendmenlS 10 the MVFRL Act 6
1990. F,b, 7. PL. I, No, 6.75 Pa,C,S, ~ 1701"
irq. ("Act 6").
~
7. Seclion 1705(1.1) also provides certain e.tetP.
tlons to the limitations placed on ton recovery.
FOf eumple. one or these Cliceptions provides
thol a limited ton elector who h,u not suffered a
stnow Injury may sliII recover ror his nontco:
nomic loues when: he was injurttl while a pas.-
senger in a vehicle other than a privllle pa>>tno
lef malar vehicle. We note thlll none of these
t_,ceptlons. howe\'er. is llPplicable in this cue.
l
J
WASHINGTON v. DAXTER
CUeu71tA..ld7JJ (1-a.1"')
w. Unless the injury sUs-
us injury, each person who
limited tort election shall
m mainWning an action
mic IOSI.".
d).' The MVFRL defines
"a personal injury result-
'oua impainnent of body
anent serious disfigure-
, f 1702. Thus, while an
lect.ed the Umited tort op-
Ie to seek compensation
Wned in a motor vehicle
the negligence of another,
precluded from maintain-
any noneconomic losses
can show that his injuries
ury" threshold,
, covery, Appellee filed a
summary judgment, as-
t's sbitus as a limited
ed his recovery for non-
because his injuries were
, court, relying on the
cision in DodJcm v, Elvey.
A.2d 1223 (1995) alio-
P.. 608, 674 A.2d 1072
lIee's motion for partial
Relying on the Superi.
decision, the bial court
ermination regarding the
'ted tort elector's injuries
ade by the trial court
op, at 3, The trial court
emphasized that in making this detennina-
tion, the "'judge should not focus on the
injury but should focus on the nature and
"ltent of plainlifl"s impainnent as a conse.
quence of the injury.''' Tr, cL slip op, at 4
(citing DodJon, 665 A.2d at 1231), The trial
court stated that the facts of this matter,
when taken in the light most favorable to
Appellant as the non-moving party, estab-
lished that Appellant suffered from continued
pain, inflammation, and "arthritic changes"
whIch may necessitate the wearing of orthot-
ic heel lifts. Tr, cL slip op, at 5, The trial
court went on to note that since the accident,
Appellant had to use a riding mower rather
than a push mower, Finally, the bial court
noted that after a brief absence following the
accident, Appellant had returned to both of
his pre-accident positions of employment
with no reduction in responsibilities. The
bial court concluded that these facts. as a
matter of law, did not constitute a serious
injury and therefore granted Appellee's mo-
tion for partial summary judgmenL
Appellant filed an appeal from that order
to the Superior Court; the Superior Court
quashed that appeal as interlocutory. The
matter was returned to the bial court where
an arbitration awani was entered which set.
tled all of the remaining issues. At that
juncture, Appellant filed his appeal with the
Superior Court, again challenging the trial
court's detennination that as a matter of law
he had not suffered a serious injury,
The Superior Court, in a brief memoran-
dum opinion, affirmed, Relying "lclusively
on its DodJrm opinion. the Superior Court
stated that the threshold question of whether
Appellant's injuries were serious was one for
a trial court judge to answer prior to the
matter being presented to a jury, The Supe-
rior Court agreed with the trial court that
Appellant had fniled to establish that he had
suffered a serious injury and therefore of-
finned, Appellant subsequently filed a peti-
tion for allowance of appeal, and we granted
review.
[\-1] In ..'Glrnining this matter, as with
all summary judgment cases, we must view
the record in the light most favorable to the
non-moving party, and all doubts as to the
e:dstence of a genuine issue of material fact
.udgment motion. Su Com.
IS, 462 Po, 43, 337 A2d sn
inion Is sumcienc to support
opinion Is given within a
medical cCrblnty).
age relating to the limited
tted as part of the 1990
u to the MVFRL. Act 6
~o. 6. 75 Po,C,S, ~ 170 I "
.0 provides certain excep-
tS placed on lort rc..:ovcl)'.
these exceptions provides
;tor who has not surTered ..
ill recover ror his nonecG-
~ was Injured while 3. p,u.
her lhan a privalt' passen-
'e note that none or these
IS applicable in this cast.
Po. 737
must be resolved against the moving party,
Penmylvania State University v, County o{
Centre, 532 Pa, 142, 143-145, 615 A.2d 303,
304 (1992). In order to withstand a motion
for summary judgment, a non.moving party
"must adduce sufficient evidence on an issue
essential to his case and on which he bears
the burden of proof such that a jury could
return a verdict in his favor, Failure to
adduce this evidence establishes that there is
no genuine issue of material fact and the
moving party is entitled to judgment as a
matter of law," Erinl v. Patriot-News Co.,
544 P.. 93, 101-102, 674 A.2d t038, 1042
(1996), Finally, we stress that summary
judgment will be granted only in those cases
which are free and clear from doubL Mark3
v. Tasman, 527 P.. 132, 589 A.2d 205 (1991).
Our scope of review in this matter is plenary.
See PhiUip. v, A-Best ProducU Co., 542 P..
124, 129-131, 665 A.2d 1167, 1170 (1995).
The lower courts here determined that the
Superior Court's DodJcm opinion mandated
the entry of partial summary judgment in
this matter, DodJcm has also been cited as
the controlling authority in numerous other
lower court cases concerning noneconomic
damages claims raised by limited tort
electors, See, e.g., Kelly v, Ziolko, 705 A.2d
868 (Pa.Super.CLI997); Wal/" v, Scheckler,
700 A.2d 532 (Pa.Super,CLI997); Leomlli v,
McMullen, 700 A.2d 525 (p..Super,CLI997).
Decause of the importance which DodJcm
holds in this case in particular, and in this
area of the law in general, we believe that a
thorough review of that opinion is appropri-
ate at this juncture,
Mkhael Dodson ("Dodson"), a limited tort
elector, was injured in an automobile acci-
denL Dodson filed a complaint, requesting
inter alia noneconomic damages, The defen-
dant filed a summary judgment motion, al-
leging that Dodson's injuries were not seri-
ous, The DodJon trial court granted the
defendant's motion for summary judgment,
concluding that determinations regarding the
seriousness of a Umited tort elector's injuries
must be made by bial courts at the earliest
possible stage in the proceedings in order to
effectuate the legislature's intent to lower
insurance costs, The bial court further rea-
soned that if this issue were to be submitted
738 Pa,
719 ATLANTIC REPORTER, 2d SERIES
to a Jury (or resolution in all cases, the
legislature's purp05e (or crafting Section
1705 would be thwarted, The trial court
then reviewed the record and concluded that
Appellant had not sustained a serious impair.
ment o( a body CUnction,
Dodson appealed this determination to the
Superior Court, which alTumed. The Dod.
son court agreed with the trial court that the
legislature, in crafting Act 6, had intended to
minimize insurance cost.'!, The Superior
Court declared that in order to stay true to
the Legislature's intent, the trial judge must
make the threshold detennination o( whether
there has been a serious injury in all cases
where the parties agree on the objective
evidence relating to the nature and the ....
tent of the injuries suffered by the plaintiff,
Dodson. 665 A.2d st 1232-1233, The Superi-
or Court in Dodson "'Pressly rejected the
position, espoused by our sister court in
Michigan, that
[tlhe question of whether the plaintiff suf-
fered a serious impainnent of body CUnc.
tion must be submitted to the bier of (act
whenever the evidence would cause rea.
sonable minds to differ as to the answer,
This is true even where there is no materi.
aI factual dispute as to the nature and
IIltent of the plaintifl's injuries,
/d. at t230 (quoting DiFranco v, Pickard,
427 Mieh, 32, 398 N,W.2d 896, 900 0986)).
The Dodson court argued that to (ollow the
DiFranco approach to this issue would "allow
non.serious injury cases to proceed to a jury
[and] would frustrate the legislature's goal of
reducing litigation and the cost of insurance,"
/d. 665 A.2d at 1231.
Judge (now Justice) Saylor dissented vig-
orously in Dodson, asserting that summary
judgment is appropriate only in the clearest
of cases. He asserted that even if the par.
ties were to agree on the objective medical
evidence, they could still disagree on whether
that evidence established that the plaintiff
suffered a serious impairment of body func.
tion, /d. at 1237 (Saylor, J., dissenting),
Judge Saylor believed that where the parties
do disagree on this issue, such a determina.
tion should be left to the jury in all but the
clearest of cases. /d.
The lower COl1l'U in th: matter sub .
apparentiy credited the Dodson rationil,l
that the legislJ1ture, via Act 6, dictated thaftii
cases such as the matter sub judic~ 1M
threshold determination of whether a Partlo.
ular set of injuries constitutes a serious iml'
pairment of body function is to be made
routinely by the trial court. Thus, in revi"",:
ing whether summary judgment was propei_
Iy entered in this matter, we must first eX:
amine Act 6 to ascertain whether it doei
contain such a directive, '
[5] It is axiomatic that in construing stat'
utory material, we first ..umine the Ian~
of the statutA! in question, J( the IJ1nguage lzi
question is unambiguous, we may not avoid
it.'! plain application under the pretext tfuit
we are remaining faithful to the legislature'.
intent, See I Pa.C,S, f 1921(b). Where tJi~
statute is ambiguous, however, we determii,,; ,
the intention of the Genenil Assembly by
considering, among other matters, the occa-
sion and necessity of the statute and the
contemporaneous legislJ1tive history. I Pa.
C,S, f 19211c). While statement.'! made by ..
legislJ1tors during the enactment process are '
not dispositive o( legisJative intent, they rray ;
be properly considered as part o( the con- ':
temporaneous legislJ1tive history, Common~,
wealth v, Wilsmi, 529 Pa. 268, 275 n. 4, 602 .
A.2d 1290, 1294 n, 4 (1992).
The language at issue states that where an
individual who has selected the limited tort
option cannot establish that he has sustained ,
a serious injury, then that individual "shall :'
be precluded from maintaining an action fo~
any noneconomic loss".," 75 Pa,C,S:
f 1705(d), We do not see this language ...
an unambiguous directive that the trial
judge, and not the jury, should make th~
threshold detennination of whether the plain;
.1
till'has indeed suffered a serious impairment
of a body CUnction, O( course, the language
cited does plainly restrict a limited tort .
elector's recovery to those situations where '
he can establish that he has sustained .1, '
serious injury, However, the statute is ut:
terly silent as to which entity-the judge or '
the jury-is entrusted with making that
threshold detennination. Thus, as the p1aiIi .
language of the ltatute offers no directive oa .
whether the judge or the jury should make
W ASIIINGTON v. DAXTEn Pa, 739
elt...l.' A.ld 733 lPa. 1"1)
this decL,;on, we must now ascertain the nullifying the Scanlon Amendment; the Loe-
intent of the legislature m enacting the limit. per Amendment passed by a wide margin,
ed tort option. Loeper Amendment, No, A-llOO. See gerJel"
When the legislature rec.umined the aUy Levi'latit~ Jounlal-StllaU, No. 44, Dc-
MVFRL in the late 1980s, it was apparent cember 11, 1989, pp, 143ll-1479,
that UlC cost. of aut?mobile insurance ~ad Another attempt occurred when Represen-
been steaddy mereasmg.ove: the preceding tative Stephen Freind offered an amendment
Years. One of the legISlative purposes In at th H e-S te C' C 'tte
, . .' e aUs ena onlerence omml e
enacting the IUDlted tort option as part of Act M" hi h lik th S I Am d .
. . eC\.Ingw C tee canon en men..,
6 was to lower .nsurance premIUms by reduc. Id h d th' thre h Id d '
. .. wou aYe mn e 18 S 0 etemuna.
mg the number of small cJauns for pam and " 'th. d to d 'd
. th' th b I . l.Ion one lor e JU ge eel e.
~uffenng; e ~tent was ~t y owenng t990DOO394 00394DGS:AO 2/01/90 /118,
U\Surance premIUms, automobile owners who ',. I .
had been pushed out of the insurance market Re~resentative Fremd s amen~ment did ?ot
because of skyrocketing costs could once ~chleve ~ vote at ~e Co~m~ttee "mee~~
again obtain affordabb motor vehicle insur- ec~~se e ,was una e'dto othtain a sdecon
ance, See Legis/alive JO'Unlal-Hou... No, on 15 motion to consl er e amen ment.
11, February 7, 1990, pp. 202, 223, Thu~, both ho~es of t,he General Assembly
. " , , considered making the ISSue of whether there
Whd~ fashlomng the limited tort op~on, had been a serious injury a purely legal
the legISlature spent a great deal of time detennination which could be resolved only
, balancing the rights of the limi~d tort by the trial court, and specifically rejected
elec,tor to recover for ?on~conomlc losses placing such a requirement into Act 6,
ag:unst the goal of lowenng InSurance costs,
In striking such a balance, the legislature We gain further insight into the question
rejccted attempts to insert language which of whether the detennination of serious im-
would have made the question of whether a pairment of a body function Is to be left to
limited tort elector had suffered a serious the jury from the fact that the legislature
irijury one for the trial judge to detennine modeled the threshold language of the limit-
,rather than the jury, One such attempt was ed tort option after similar language in Mich-
made by Senator Scanlon on December 11, igan's no-fault statute,' Se. uvi'/alive
1989 when he introduced an amendment Journal-H"",., No, 42, June 13, 1989, pp,
which would have altered the limited tort 986-987, In drafting Act 6, our legislature
option so that it read that "[tlhe detennina- was no doubt aware of DiFranco, IlUpro, the
tion of whcther an injury constitutes a seri- CDSe in which the Michigan Supreme Court
ous irijury shall be a question of law and not held that the Michigan statute required that
a question of fact." Scanlon Amendment. A- the threshold detenninaUon of whether the
4129, Printer's No, 2829, Senator Loeper plaintiff had suffered a serious impairment of
immediately introduced his 01Vll amendment body function was to be len to the jury.'
the matter IlUb judice
the Dod.!oll rationale
a Act 6, dictated that in
atter IlUb judice, the
on of whether a partic-
nstitutes a serious im-
nclion Is to be made
urt. Thus, In review'
judgment was proper-
tter, we must first ex.
rtain whether it does
e,
tlutt in construing stat-
t examine the language
'on, If the language in
ous, we may not avoid
under the pretext th:it
hfu1to the legislature's
f 1921(b), Where the
however, we detennine
General Assembly by
ther matters, the occa.
( the statute and the
, Iative history, t Po.
e statements made by
enactment process are
slative intent, they may
cd as part of the con-
, e history, Cornman;
Pa, 268, 275 n. 4, 602
992),
ue states that where an
leded the limited tort
h that he has sust:lined
n that individual "shall
ainlaining an action for
055,...n 75 Po.C.S,
t see this language as
rcctive that the trial
jury, should make the,
on of whether the plain,; I
d a serious impairment
f course, the language
,'estrict a limited tort
those situations where
Jt he has sust:lined ~ ,
ever, the statute is ul~ ;..<
:h entity-the judge or .
oed with making that,
on, Thus, as the plain
e offers no directive on
, the jury should make
The compar.:ablc Michigan SUllule st:llcs thaI:
[a] ~non remains subject to tort liability (or
noneconomic loss cawcJ by his or her owner.
ship. maintenance, or use DC a mOlor vehicle
only if the injured penon has suffered death.
serious impairment of body function. or per.
m."ncnt serious disfigurement.
Mich. (omp.l.1ws ~ SOO.3tJ5(1),
9, WI: nole that Ih!: Michillan Icgislalun: retenlly
amended ~ SOO.J 135 10 provide that the iuuc or
seriuu!> injury is one for the lrinl court judge 10
decide in either of the following situ:llions: finl.
where Ihen: is no (aclual dispute conccmina: the
n:Uurc and c:\tcnt DC the penon's injuries; and
seconJ. where then: is " (actual dispute concern.
ing the nalure and e:.otent o( thc penon's injuries.
bUl Ih~ dispulc is not m:Herial to the delennina.
lion of whether lhe person has sufTered a serious
impainnenl of body function or pcnnanent serio
ous disfigurement Se~ Mich. Compo Laws
~ 500.) 135(2) (amendment efTective March 28.
1996),
The (act th:n the Michigan legislature has cho.
sen 10 enact this amendment In 1996. howe...er. is
irrelevant in delennining what our legislature
intended when it crealed Pennsylvunia's limited
ton oplion in 1990. In ascenalnlng what our
legislature intended when it ustd the Michigan
law as a modd in enacting Act 6. we must limil
our examination to the st:lle of lhe law as it
e:\isted then. In 1990.lhe Michiaan statute upon
which our limited Ion option w:u based did not
conlain Ihis language dilTClinllhat the detcnni.
nation of "~rioU5 injury" was to be made. in
~
740 Pa.
719 ATLAI;TIC ItEI'OItTt:It, 2d SElm;s
16,7) Upon review, we conclude lhal the
legislative hislory do.s nol support lhe view
that the threshold determioation of whelher
a serious injury has been sustained is to be
made by the trial judge, In fact. we nnd
that the legislature, by follUlving the Michi.
gan model, indicated that the tradlUonal
summary judgment standard wu.' to be fol-
lowed and that the threshold determination
was not to be made routinely by a trial court
judge in matters such as the one before us
now, but rather was to be len to a jury
unless reasonable mInds cuuld not differ on
the issue of whether a serious injury had
been 'sustained,"
[8-tO) Now that we have decided that
the ultimate determination should be made
by the jury in all but the clearest of cases, we
turn to the question of what that determina-
tion consists. Act 6 does not provide any
assistance to us in defining llscrious impair.
ment of a body Cunction"; nor do we find any
elucidation of the meaning of this term in the
legislative history. We do,' however, find
that the DiFronco definition of "serious im-
painnent of body Cunction" is a sound one
and hereby expressly adopt it. That defmi-
tion states tha~
The "serious impainnent of body Cunction"
threshold contains two inquiries:
a) What body Cunction. if any, was im-
paired because of injuries sustained in a
motor vehicle accident?
certain circunut:mces, by the trial judge. Fur-
thermore. the DiFranco court interpreted the
prc-1996 amendment as entrusting the delennl.
n:.llion of whether plaintiff had surrcrcd Do serious
impairment of a body function to the jury.
We. arc, of course, fully cognizant of the pO!oSi-
bility that our Icgisl3ture could determine th3t
lhc policy concerns which motivated the Michi.
gan legislature to amend its statute arc of equal
concern in our Commonwealth and therefore Act
6 should be Amended In a cumparilble fashion.
Yet. amending a statute is a uniquely legislati\le
function. one which would bt improper for us to
underlOlke. Therefore. we conclude that the re.
cent amendments to the Michigan statute are not
relevant to o-..Jr re~olulion of this mailer.
to. We note that the Superior Courl"In DodfOn
conlcndc:d that the DiFranco court "abandoned a
traditional summary judgment analysis." Dod.
SOH. 665 A.2d It 1230 The Superior Court app3r.
endy btlieved th3t DiFranco misapplied sum.
mary judgment law when it held that e\len where
the panies agree on the nature and extent of
b) Was the impainnent of the body Cunc:
tion serious? The focus of these inquirieS'
is not on the Injuries themselvt!s, but on
how the injuril'S affected a particular body
function. Generally, medical t.oolimony'
will be needed to establish the existence
extent, and permanency of the Impair;
ment. . .. In determining whather the 1m;
painnent was serio.us, severnl factors
should be cunsidered: the ...tent of the
impainnent, the length of lime the Impair;
ment lasted, !be treatment required to cor-
rect the Impainnent., and any other rele-
vant factoMl, An impairment need not be
permanent to be serious,
DiFronco, 398 N,W.2d at 901.\1
Now we must apply this s,tandnrd to the
matter IUb judk.., As noted IUpro. all infer-
ences must be resolved in favor of Appellnnt
US" the non-moving party, and the maUe~
must be submitted to a jury unless we can
say reasonable minds cuuld nol differ on the'
conclusion that Appellnnt cannot recover on
the evidence adduced, As to the first factor
in the DiFmnco test, it is the use of Appei-
lant's right foot that bas been impaired, The
n..'<I. question to be answered is whether this
impainnent of the use of Appellnnt's righ\
foot was serious. The evidence, when viewed
in the light most favorable to Appellant.,
shows that Appellant was immediately treat-
pl.ilintiffs injuries. the case should still go 10 the
jury where fCa.sonablc minds could diHcr o\lcr
whether the facts established that the plaintiff
had suITered a serious Impainnent of a body
function.
Contrary to the Superior Court's assumption. l
the DiFranco court's decision is in accord with
summary judlment law. E\len where there Is no
dispute concerning the facts. a motion for swo'
mary judgment should not be: granted where
those facts can support connicting inferences.
73 AmJur.2d SlImmary Judgmntl ~ 27. Whert
the facts can support connkting inferences. it
cannot bt said that the ca<< is free ami dcAI'
from doub1 and Ihus ripe for summary judgmCflL
&e !tIa,b. suprll. <i
II. We note that although the Superior Court in
Dodson rejected the DiFranco coun's approach
on the l5.5ue of whelher the judge or the j~
should detennlne Ihe threshold iuue. it did
adoptlhe DIFranco standard on what constituteS
a "5trious impainnent of body function". [)od-
,on, 665 A,2d at 1233-1234 n, 16, " .
lOt o( the body (uno;
ous o( these Inqulri.. '
s themselves, but On
,ted a partioular body
, medical testimony
tablish the existence
ency o( the Impair:
ining whether the 1m.
.us, leveral (aoto...
I: the extent o( the
:h o( time the Impair.
ment required to COr.
and any other rei..
,ainnent need not be
-us.
this _tandard to the
loted rupl'll, alllnCer.
In (avor o( Appellant
'ty, and the matter
, jury unless we can
,uld not differ on the
,t cannot recover on
As to the first (actor
is the use or Appel:
been Impaired, The
,..red is whether thiS
or Appellant's right
tidencc, when viewed
,rable to AppeUan~ ,
.s Immediately treat-
.c should still go to lhe
linds could differ ova
shed that lIle plaintiff :
mpairment or a body
If Court's asJumplion.
sian is in accord with
Even where there is no
CU, a motion ror sum- .
lot be granted where
l:onnicting inferences.
'lIdtm~"' ! 27. Where
,nlcting inrerences. It
;a.se: Is (ree and crest
Ir summary judgmenL
i
the Superior Court In..
"CO court's approach
he judge or the jUl)'
.tShold issue. It did
d on what constituu:s
.ody function", [)oJ-
n.16.
WASIIlNGTON v. UA.XTElt
CIlIu71t A.ld 7]) IrL 1"1'
ed in n hospital emergency room. where his
injuries were diagnosed as consisting of con.
lusions. spr.uns, and strains; he was dis-
charged from the emergency room within a
rew hours, He missed rour or live days or
work at his rull.time job, and missed approxi-
mately rour or his weekly shifts at his part-
time joh. Approximately sLx months after
the accident, one or Appellant's physicians
.tated that there appeared to be some type
or joint arthritis or cODlltion In the right root,
and that Appellant might need to utilize or.
thotic heel un.; his physician also injected
one shot or cortisone, Finally, at his deposi-
tion approximately one year after the ooci-
dent, Appellant Indicated that although his
root oaused him pain approximately every
other week. he was still oble to perConn his
work duties and, aside from having to utilize
I riding mower, he was able to engage in his
nonnal daily ootivities.
[111 Even when this evidenoe is taken in
the light most ravorable to Appellant as the
non, moving party, we find that reasonable
minds could not differ on the conclusion that
Appellant's Injury was not serious, Appel-
lant's injuries as diagnosed by the emersenoy
, room physician were mild and he was dis-
. charged after a rew hours. Furthennore, he
missed only rour or live shifts at both his
, Cull-time and part-time jobs, where he was
, required to perConn most or his work while
on his feeL Also, the treatment for his
, injuries was not extensive, Finally, although
IOme type or arthritis or coalition is o/Tecting
, one or the joints In Appellant's right roo~ the
injury seems to have had little or no Impact
, on Appellant's perConnance or his job func-
" tions ond engagement in personal octivities.
. Thererore, although the evidence, when tak.
en in the light most favorable to Appellant,
does show that he was injured in the acci.
dent, the Impainnent resulting from that in.
. jury is clearly de minimis.
Appellant, however, is or the opinion that
" he has adduced sufficient evidence or a serio
12. Appellant also bri~ny alludes tu the argumtnt
th::u a limit~d ton e1tctor's conslilutionnl right to
a jury trial will be denied if this coun were 10
sanction tht gr.lnting of summary judgment
against a limited tort elector who has not shown
that he has sustained n Strious injury. This
argument is specious. Ndthcr the Pcnns)h::mla
Pa, 741
ous Impainnent o( body (unction so that the
issue Ihould go to a jury, In arguing this,
AppeUant foouses primarily on Dr, Bream's
pronouncement that there was some type or
arthritis or coalition in Appellant's right root;
apparently, Appellant uaumes thot this evi-
dence alone is _ufficient to bring the matter
to a jury, Appellant oeems to have misap-
prehended the noture o( the inquiry here.
The question to be answered is not whether
Appellant has adduced _ufficient evidence to
show that Appellant lutTered on1/ injury;
rather, the question is whether Appellont has
shown that he has _utTered a .mow injury
such that a body (unction has been seriously
Impaired, Clearly, it is insufficient ror Ap-
pellant to _how that there has been some
injury-no maUer how minor-in order to
avoid the entry of summary judgment
against him, Were we to rail to require
Appellant to adduce evidenoe that not only
was there an injury, but that it was also
serious, berore allowing him to present his
ease to the jury, we would make a mockery
out or the summary judgment standard, Al-
though Appellant has introduced evidence
thot there is some type o( arthritis or coali-
tion in his (oo~ he has (ailed to show that this
injury has hod such an Impact on him so that
it constitutes a serious injury, There(ore, we
reject Appellant', argument
For the roregoing reasons, we afllnn the
order or the Superior Court.12
,
I
"
"
I
FLAHERTY, C,J" files a concurring
opinion which is joined by ZAPPALA and
CASTILLE, JJ,
FLAHERTY, Chier Justice, concuning.
I t is initially ror the trial court, not the
jury, to decide whether a plaintiff has suf-
rered a "serious injury" whioh, for purposes
o( 75 Pa.C,S, ~ 11000d), allows suit to be
maintained ror noneconomic damages, suoh
as pain and sutTering, where limited tort
coverage has been elected under an auto
nor the United States Constitutions grant an ab.
solute right to a jury lriill in a civil action.
Where a plaintiff has failed 10 establish that he
has a cause or aclion. lhe constitutional right to a
jury tria.] is not violated when that plainlirrs suit
Is dismissed.
I
"
exhibit B
Michael F. Mitrick, D.O.
Orthopaedic Surgery
Hand Surgery
Mitrick Pollack Orthopaedic Associates
1750 FilUl Avenue
Suite 201
York, PA 17403
Phone: 717-848-2297
Fax: 717-848-2941
Lawrence S. Pollack, D.O.
Orthopaedic Surgery
Foot & Ankle Surgery
:
Law Offices
Griffith, Strickler, Lerman, Solymos & Calkins
Ann Margaret Grab, Esquire
110 S. Northern Way
York, Pennsylvania 17402-3737
RE: Eric Lepore v, Missy McGee
Cumberland County No, 97-481
Social Security No.: 163-68-0783
Dear Attorney Grab:
On November 30th, 1998, I saw Eric Lepore in our office for an Independent Medical
Evaluation per your request. He attended this evaluation by himself with no one
accompanying him, Throughout the entire history and physical examination, one of our
office staff, Michele Gettel was in attendance,
For review, were medical records from Dr, Ronald Lippe, a deposition of Eric Lepore
dated March 19, 1998, Dr, David Zimmerman, and Seidle Memorial Hospital,
This patient relates a history that on January 31 st of 1995, he sustained an injury to his left
foot. At that time, he was working for an arcade as an attendant. He had been working
for this arcade for approximately six months, After hours, he was sitting on the hood of a
vehicle that took off with him on the hood, Apparently, this palient jumped off of the
hood and his left foot was run over by the front tire. At the time, the patient was sitting
on the driver's side of the vehicle, From the deposition that was taken, the patient was
unsure if the tire actually ran over his foot. He was able to get into his vehicle and drive
home. He did place ice on his foot and elevated his foot. Apparently, he then presented
to an UrgiCare Center pnd the history he offered was that he dropped a cinderblock onto
his left foot, He was placed in a temporary cast and referred to Dr. Lippe. He states he
fabricated the story so that he would not get the driver of the other vehicle in any type of
trouble, On February 1 st, 1995, the patient did see Dr, Lippe, The history at that time
revealed that while the patient was at home, he dropped a cinderblock on his left foot.
Apparently, x-rays were obtained, which were unavailable for review, According to Dr,
Lippe, these x-rays revealed a fracture of the base of the first and second metatarsals, The
first metatarsal was somewhat comminuted and the second metatarsal was in satisfactory
position, The patient was placed in a cast. Over a seven to eight week period, his cast
was changed and he was placed into a new cast, secondary to the cast being too tight. He
:
RE: Eric Lepore
Page 2
Continued:
was taken out ofthe cast after a seven to eight week period, He has had no other
treatment to date. He is currently still seeing Dr, Lippe on an as needed basis. He last
saw Dr, Lippe approximately seven to eight months ago,
This patient is currently working for Montgomery Ward's, where he has been working for
approximately 1 1/2 weeks, He is in Shipping and Receiving and does work 22 hours per
week, Prior to that he was working at Merchani & Company Antique Pottery as a
warehouseman, He worked there for approximately seven to eight months, picking
orders. Prior to that, he has had multiple jobs. His current activities outside of work
include working on cars and body work, He states he is unable to lift weights at the gym,
secondary to too much pressure on his foot. He is unable to run or ride his bike, He
states he is able to walk for approximately one half hour, stand for a half hour and he is
unable to drive a standard transmission vehicle, He is complaining of pain with walking,
He states he has frequent swelling. At times, there is a popping sensation in his foot. He
denies any prior left foot injuries or any other injury to his left foot. He also denies any
numbness and tingling, It appears that from the medical records that the patient was seen
again by Dr. Lippe on November 2nd, 1995, It was noted that the patient complained of
occasional pain in his left foot, mostly about the medial aspect of the mid fool. He was
placed on Naprosyn 500 mgs. On November 10th, 1995, he was again evaluated,
Apparently, while walking, he felt a pop. I do not have any indication that the patient was
seen by Dr. Lippe after November 10th, 1995, From the medical records reviewed, the
patient was evaluated on October 1 st, 1997 by Dr, Ronald Lippe. Apparently, this patient
sustained an injury while moving a sofa, Apparently, he twisted his left knee and struck
the top of his left foot. It was noted at that time that this patient had swelling in the
dorsum of his left foot. There was no ecchymosis or dramatic swelling.
Anti-inflammatory medications were recommended and he was told to follow up on an as
needed basis. It is interesting to note that Dr, Lippe did mention in his report that Eric
was well until live days ago, when he injured himself at work, This would suggest that the
patient did not have any difficulty in regards to his left foot at that time,
As mentioned, the patient was not seen in Dr, Lippes office for approximately a two year
period.
The patient denies any medical problems, He is not taking any medications at the present
time. He has undergone right ankle surgery in the past. He is right hand dominant,
smokes one half pack cigarettes per day and has allergies to penicillin, as well as
erythromycin,
.
,"
., .
:
RE: Eric Lepore
Page 3
Continued:
Physical examination reveals that this patient is a 22-year-old white male, 5'9", 155
pounds. I did limit my examination to both lower extremities, The patient was first
examined in a standing position. He did ambulate with a normal gait. He was also able to
heel and toe walk without any difficulty. He was able to squat without any difficulty, I
then placed this patient in the sitting position, Tactile s~nsation was intact. Dorsalis pedis
and posterior tibial pulses were palpable. Range of motion of the ankle, hind foot, mid
foot, fore foot, knee and hip were normal, There was a negative Tinel's over the posterior
tibial nerve, superficial peroneal nerve, or deep peroneal nerve, There were no unusual
markings on the patient's left foot. There was no evidence of ecchymosis or swelling
about the patient's left foot. He did have subjective areas of tenderness to palpation about
the great toe metatarsal, He seemed to have more tendemess about the shaft of the
metatarsal, He had very minimal tenderness to palpation about the tarsal metatarsal joint.
The patient had excellent capillary refill to the left foot. There was no evidence of any
atrophy of either lower extremity, He had equal strength to both lower extremities. There
was no evidence of reflex sympathetic dystrophy,
The patient did undergo x-rays in our office of his left foot. These x-rays revealed normal
bony architecture. There were no gross abnormalities noted, There are no acute fractures
or dislocations, There is no evidence of post traumatic arthritis of the tarsal metatarsal
joint of the left foot.
ASSESSMENT:
1. Status post fracture base of first and second metatarsals of the left foot dated January
31st, 1995,
2, Status post contusion of the left foot in September 1997,
DISCUSSION: This patient apparently fabricated a history ofa cinderblock being
dropped onto his left foot. He did sustain a fracture of the base of his first and second
metatarsals according to Dr, Lippe's medical records dated February 2nd, 1995, The
patient then changed his history, stating that he jumped off of the hood of a vehicle that
was moving, Certainly, the action of jumping off of a vehicle could cause a fracture of the
metatarsals, He also states that his foot may have been run over by the front ties, I do
find it hard to believe that if a car was in motion and he was sitting on the driver's side of
the vehicle hood and jumped away from the vehicle, how his fore foot and mid foot could
be run over by the vehicle's tires in that his feet are actually pointing away from the
vehicle, If anything, one would suspect that the posterior aspect or his heel would have
been struck by the car tire.
.
,~
. ."
. "
RE: Eric Lepore
Page 4
Continued:
In any event, the patient did sustain an injury to his left foot. I do feel he was treated
appropriately with cast immobilization, I do not have his originallilms to review, But
films that were taken in my office do reveal that his fractures are we\1 healed and there is
no evidence of post traumatic arthritis, This patient has had multiple jobs over the years
and seems to be tolerating them we\1,
It is interesting to note that the patient was not seen by Dr. Lippe for approximately two
years fo\1owing his last visit of November 10th, 1995, It is also interesting that Dr, Lippe
did mention that when this patient was seen on October 7th, 1997, he stated that "Eric
was we\1 until five days ago", At that time, Mr, Lepore did sustain a contusion to his left
foot when he dropped a sofa onto his left foot. In the office today, the patient did have
some subjective tenderness to palpation about mostly the shaft of the great toe metatarsal.
Taking a\1 of this into account, it is unknown whether the patient actually sustained an
injury when he jumped offofthis moving vehicle's hood, As mentioned above, I find it
very hard to believe that the car tire did run over his fore foot or his mid foot. According
to Dr, Lippe, he did sustain a fracture of his first and second metatarsals, These did heal
uneventfu\1y, as expected, His injuries do not seem to be significant. He does not appear
to have lost any function of his left foot, secondary to his injuries, One would certainly
expect that if he did have significant limited function of his left foot and disability that he
would be undergoing more treatment to his left foot, which he has not over the years.
In my opinion, I feel this patient can work a normal duty job without restrictions, There is
no evidence to support the fact that the patient sustained a significant orthopedic injury,
Certainly, with an in-tra-articular fracture which involves the-tarsal metatarsal joint,
patients can have a flare-up of arthritic symptoms, I do not have any x-rays to support
that the patient even sustained an intra-articular fracture, Certainly, this patient has not
sustained a "serious injury". I do not feel the patient has sustained a loss of function to his
left foot as a result of this accident. I do not feel that this patient has been functionally
impaired, If you are in need of any further informatltnt, please do not hesitate to contact
me. These opinions were rendered within a reasonable degree of medical certainty.
Sincerely,
I ;tltl
Lawrence S, Po\1ack, D,O,
LSP:bas
LAW OFFICl:'i
5NELDAKER.
BRENNEMAN
8: SPARE
the direction of Dr. Ronald W. Lippe, an orthopedic surgeon,
which lasted until November 10, 1995. Dr. Lippe initially
diagnosed Plaintiff as having fractures of the first and second
metatarsal bones. A temporary cast was placed on Plaintiff's
foot at Seid1e First Care. A permanent cast was placed on
Plaintiff's foot by February 1, 1995 which needed to be replaced
one week later with another permanent cast that was subsequently
removed on March 13, 1995. Due to Plaintiff's continued pain and
swelling, Dr. Lippe on August 7, 1995 placed a twenty-five pound
weight lifting restriction on Plaintiff indefinitely.
X-rays taken on August 7, 1995 revealed post-traumatic
arthritis in the area of Plaintiff's first tarsal-metatarsal
joint. Dr. Lippe has indicated in a report dated February 17,
1998 that Plaintiff's condition was most likely permanent and
that he is impaired in his ability to walk and use his left foot.
Plaintiff was therefore restricted by Dr. Lippe in rigorous
activities and spending a great deal of time on his foot as his
pain allowed.
On September J, 1999 Defendant filed a Motion For Partial
Summary JUdgment claiming, inter alia, that Plaintiff has not
sustained a "serious injury" which would permit Plaintiff to
maintain a claim in this action for pain and suffering or other
non-economic damages. On September 20, 1999, Plaintiff's
Response to Defendant's Motion For Partial Summary Judgment was
served upon Defendant's counsel. This Brief is submitted by
-2-
LAW Off.Cl'.
SNI.:LUAKHf,
BHENNL:MAN
a SPAHE:
Pennsylvania Supreme Court in Washinqton. See Furman v. Shapiro,
721 A.2d 1125, 1126 (Pa. Super. 1998). Second, none of the cased
cited by the Defendant are appellate cases binding on this Court. ,
Third, only one of the nine cases cited by Defendant was decided
after the Pennsylvania Suprerne Court's pronouncement in
Washinqton. It is telling that Defendant ignores in her Brief
the appellate cases addressing the very issue before this Court
which were decided after the Pennsylvania Supreme Court's
decision in Washinqton.
In Furman v. Shapiro, supra., the Pennsylvania Superior
Court reversed the trial court's grant of summary judgment and
remanded the case for trial, concluding reasonable minds could
differ as to whether the plaintiff sustained a serious injury.
The plaintiff in Furman was diagnosed with a bulging disk. She
had pain that radiated into her left leg which prevented her from
walking more than one block at a time, lifting heavy objects and
bathing her daughter. Although the plaintiff could continue to
do household chores and could drive, she reduced her work frorn
full-time to part-time due to her inability to remain in one
position for an extended period of time. Her doctor described
her condition as perrnanent. Her back problems persisted more
than three years after the accident h3d occurred.
In Kellv v. Ziolko, 734 A.2d 893 (Pa. Super. 1999), the
Superior Court for a second time since the Washinqton decision
addressed the issue of whether a limited tort plaintiff was
-5-
LAW OrnCl:~
SNELDAKER.
BRENNLMAN
8: SPARE
precluded from recovering non-economic losses and again reversed
a trial court's grant of a partial sumrnary judgment.
The plaintiff in Kellv received out-patient treatment
immediately after a motor vehicle accident and later underwent
physical therapy. He was diagnosed as having a herniated disk
which caused back pain when he engaged in physical activity or
sat for long periods of time. Although the plaintiff in KellY
was able to return to work only three days after the accident, he
was placed on minor limitations with respect to lifting heavy
objects. He claimed he could not engage in recreational
I
activities such as bike riding, motorcycle riding and hunting and
his doctor testified that his condition was most likely
permanent. 2
Plaintiff in the case sub ;udice, like the appellant in
KellY, initially received out-patient medical treatment.
Plaintiff was first placed in a temporary cast and then a
permanent cast for six weeks. Also like the appellant in Kelly,
Plaintiff was placed on a lifting restriction. Due to this
limitation and his inability to lift, Plaintiff was unable to
2In the Commonwealth Court case of Hames v. The Philadelphia
Housinq Authority, 1999 WL 680314 (No. 1412 C.D. 1998, Pa.
Commw.) the court on Septernber 2, 1999 reversed the grant of a
motion for summary judgment by the trial court finding that
whether the plaintiff sustained a serious injury was a matter for
the jury to decide.
-6-
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have
on the below date, caused a true and correct copy of the
foregoing Brief in Opposition to Motion For Partial Summary
JUdgment to be served upon the person and in the manner indicated
below:
FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS:
Ann Margaret Grab, Esquire
Griffith, Strickler, Lerman, Soloymos
& Calkins
110 S. Northern Way
York, PA 17402-3737
Date: October 8, 1999
~tH~~
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 West Main street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Eric M. Lepore
l.AW OfFICr.'.
SNELDAKER.
BRENNEMAN
a SPARE
--
......
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIC LEPORE,
: CIVIL ACTION - LAW
plaintiff,
NO. 97-481 CIVIL TERM
v.
MISSY McGEE,
Defendant.
JURY TRIAL DEMANDED
ANSWERS/RESPONSE TO
INTERROGATORIES/REOUEST FOR PRODUCTION OF
DOCUMENTS OF DEFENDANT TO PLAINTIFF
SET NO. 1
To: Eric Lepore
c/o Keith o. Brenneman, Esquire
SNELBAKER AND BRENNEMAN
44 West Main Street
Mechanicsburg, PA l7055
The Defendant, Missy McGee, by her attorneys, GRIFFITH,
STRICKLER, LERMAN, SOLYMOS & CALKINS, Esquires, hereby demands that
plaintiff answer the following interrogatories under oath pursuant
to Pennsylvania Rules of Civil procedure 4005 and pennsylvania Rule
of Civil Procedure 4006 within thirty (30) days from the service
hereof. These interrogatories shall be deemed continuing so as to
require supplemental answers if affiants obtain further information
between the time the answers are served and the time of the trial.
Also, pursuant to Pa.R.C.P. Rule 4009, as amended, plaintiff
is requested to produce for inspection, examination and copying, at
~
,....,
the offices of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, 110
S. Northern Way, York, Pennsylvania 17402, not later than thirty
(30) days after service of this Request, the documents herein
described.
Definition of Terms
THESE DEFINITIONS FORM AN INTEGRAL PART OF THE FOLLOWING
INTERROGATORIES:
A. "And" and "Or" means "and/or," and the singular form shall
be deemed to include the plural and vice versa.
B. "Describe" or "Description" when used with reference to
any conversation, communication, statement, meeting, or discussion
or any act, transaction, occurrence, happening, instance, or event,
means to provide the following information:
1. The subject matter and substance of that which took
place;
2. The time, date and place thereof;
3. The identification of each person who participated
therein, or who was a witness thereto; and
4. The identification of each communication or document
which refers thereto or which was prepared or made during the
course thereof or as a consequence thereof.
C. "Documents" shall mean the originals, and all non-
identical copies (whether different from the originals because of
2
.""'"'\
--....
notes made from such copies or otherwise), of all written, printed,
recorded or graphic matter of every kind and description, including
all attachments or addenda annexed thereto, whether inscribed by
hand or mechanical, electronic, microfilm, photographic or other
means, as well as phonic or visual reproductions, in the
possession, custody or control of Plaintiff, including by way of
amplification and not limitation: contracts, invoices,
correspondence, notes, drafts, reports, plans, recordings, diaries,
desk calendars, interoffice and interoffice memoranda, memoranda
for file, memoranda of telephone conversations, and minutes of
meetings or conferences.
D. "He" and any other
individual, regardless of sex,
otherwise apply.
E. "Identify," "Identification" or "Identity" means to
masculine pronoun includes any
to whom the interrogatory would
provide the following information:
1. When used with referenCE to a natural person, state
his full name and present or last known business and residence
address, his last known or present business affiliation, and his
position in business affiliation at the time of the transaction,
occurrence, event, happening, or matter in question.
3
'-...
.-..
.
2. When used with reference to any entity other than a
natural person (e.g., corporation, partnership, joint venture or
association), state:
(a) Its full names;
(b) The address of its principal place of business;
and
(c) Its organization form and its purposes, primary
business or activities.
3. When used with reference to an oral communication:
(a) State the place at which and the date on which
such oral communication occurred;
(b) Identify each person making such oral
cornmunication, the person to whorn it was made and each other person
who was present (in person or by telephone) when it was made;
(c) State the subject and substance of such oral
communication; and
(d) Specify, in accordance with paragraph (b)
below, each document which relates or refers to each such
communication or which was prepared and made during the course
hereof or as a consequence thereof;
F. "Person" means any natural person or any entity other than
a natural person, including, but not limited to, sole
proprietorships, partnerships, corporations, associations, joint
4
.~
,..."
.
ventures, co-ventures and any other legally recognized entity of
any description whatever, as well as all divisions, departments,
affiliates, subsidiaries, or other sub-units of the foregoing
entities.
G. "Specify" when used with reference to a "document," calls
for:
1. The nature of the document (e.g., letter, contract,
chart, memoranda);
2. Its date;
3. Each author (and, in different, each signer) thereof,
and each person to whom the document was distributed;
4. Its subject matter and substance;
5. Its present or last known location or custodian;
6. The disposition of such document if it was but is no
longer in your possession or subject to your control; and
7. Any other information necessary to enable the
custodian to locate the particular document and necessary for use
in a subpoena duces tecum or in a demand for the production of the
documents under Rule 4009 of the Pennsylvania Rules of Civil
Procedure.
I. "Date" means the exact day, month and year if
ascertainable, or, if not, the best approximation (including the
relation of other events) .
5
~
~
..
8. Give the names and addresses of all hospitals where you
have been either as an in-patient or an out-patient during the ten
(lO) years prior to the accident complained of and, as to each
hospital, give:
(a) Dates of admission and discharge;
ANSWER:
1980, exact date unknown.
(b) Nature of the ailment or illness for which you were
hospitalized;
ANSWER:
Foot surgery as described in Answer to Interrogatory 5.
9. Of your own knowledge, what injuries did you receive in
the accident involved in this case?
ANSWER:
Broken foot which consisted of fractures of the first
and second metatorsals, arthritis, foot was badly bruised.
10
INTERROGATORY 12.
ANSWER:
Dr. Ronald Lippe
orthopaedic Institute of PA
3916 Trindle Road
camp Hill, PA 17011
Dr. David zimmerman
6 Market Plaza Way
Mechanicsburg, PA 17055
seidle Memorial Hospital
Seidle First Care
c/o Capital Health system
17 s. Market street
P. o. Box 8700
Harrisburg, PA 17105-8700
Seidle First Care treatment, 1/31/95
outpatient treatment
charge for service: $205.65
orthopaedic Institute of PA
dates of treatment: 2/1/95; 2/6/95; 2/22/95;
3/13/95; 5/15/95; 6/19/95; 8/7/95; 11/2/95; 11/10/95
charge for service: $1,170.00
Dr. David Zimmerman
one examination - date unknown
charge for service: unknown
.
,"'"
r-,
20. Do you know of any person who witnessed the alleged
occurrence or who has any knowledge of the relevant facts
concerning the nature, character and extent of the inj uries,
disabilities, damage9, losses or expenses sust3ined by you as a
result of the occurrence and for which claim is being made in this
action?
ANSWER:
Yes.
21. If so, for each person, state:
(a) The name and last-known address;
(b) A detailed description of the relevant facts
known;
(c) Whether written or otherwise recorded statement
has been taken, and, if so, the name and
address of the person taking the statement
and the person in present custody of the
statement;
(d) If you will do so without a Motion to Produce,
attach a copy of each statement to your
Answers to these Interrogatories.
ANSWER:
See attached page.
15
.......
,-'
(f) State whether there are any provisions, such as
medical pay clauses, first party benefits, uninsured motorist's
coverage, underinsured rnotorist' s coverage, or other insurance
payment provisions, which will provide benefits to a party injured
by your vehicle and set forth any conditions, exclusions or other
relevant terms concerning such additional benefits, including the
amount(s) of coverage;
(g) The number of vehicles covered, if applicable.
(h) Your legal domicile at the time insurance was
applied for;
(I) Your legal domicile at the same time each policy of
insurance (or any endorsement thereto) was issued;
(j) Did you elect full tort option or limited tort
option?
ANSWER:
Not applicable.
28. Has the insurance company or companies involved raised
any issue as to your coverage for damages arising from the
aforesaid accident? If so, please set forth in detail the basis
for such issue, reservation of right or denial of coverage.
N/A
20
......,
38. State the total amount of bills you have incurred for
medical treatment as a result of the motor vehicle accident upon
which this lawsuit is based?
ANSWER:
In addition to those bills identified in Answer to
Interrogatory 12, there are the following additional bills
known of at this time:
1. A. z. Ritzman Associates, Inc.; 1/31/95; $23.00
26
---.
.-
Please produce the following documents:
45. All photographs in the possession, custody or control of
the Plaintiff, counsel for Plaintiff, or any other person or entity
acting on behalf of the Plaintiff, including any insurers for the
Plaintiff, showing, representing or purporting to show any
vehicles, locales, instrumentalities, persons, and any and all
other matters related to the subject matters of this litigation.
46. All diagrams, sketches, drawings, plans, measurements, or
blueprints in the possession, custody or control of Plaintiff,
counsel for Plaintiff, or any other person or entity acting on
behalf of said Plaintiff, including any insurer of said Plaintiff,
showing, representing, or purporting to show any of the
instrumentalities, locales, persons or other matters involved in
the incident which forms the basis of Plaintiff's Complaint.
47. All statements, signed statements, transcripts of
recorded statements or interviews, recorded statements if not
transcribed or any statement of recorded statements if not
transcribed verbatim taken of any parties, persons, or witnesses as
part of an investigation of the happening or cause of the incident
in question, conducted by, or in the possession of Plaintiff,
Plaintiff's attorney, insurers, or anyone else acting on behalf of
the Plaintiff.
29
-
,
/-..
~
,
48. All expert opinion, expert reports, expert summaries, or
other writings of experts in the possession, custody or control of
Plaintiff, or his/her attorneys or insurers who are expected to
testify at trial, which relate to the subj ect rnatter of this
litigation and the incident in question.
49. All documents prepared by Plaintiff, or by any insurers,
representatives, agents or anyone acting on behalf of Plaintiff,
except his/her attorneys, during an investigation of any aspect of
the incident in question.
Such documents shall include any
documents made or prepared up through the present time, with the
exclusion of the mental impressions, conclusions, or opinions
respecting the value or merit of a claim or defense, or respecting
strategy or tactics.
(NOTE: As referred to herein, "documents" includes written,
printed, typed, recorded, or graphic matter, however produced or
reproduced, including correspondence, telegrarns, other written
cornmunications, data processing storage units, tapes, contracts,
agreements, notes, memoranda, analyses, projections, indices, work
papers, studies, reports, surveys, diaries, calendars, filrns,
photographs, diagrams, drawings, minutes of meetings or any other
writing (including copies of the foregoing, regardless of whether
the parties to whom this request is addressed is now in the
possession, custody or control of the original) now in the
30
"
~,
possession, custody or control of Plaintiff, his/her former or
present counsel, agents, employees, officers, insurers, or any
other person acting on Plaintiff's behalf.)
50. I f not otherwise covered by the above Requests, the
complete claims/investigation/subrogation (file(s) of any insurers
of Plaintiff, dealing with the incident in question. with the
exclusion of the mental impressions, conclusions, or opinions
respecting the value or merit of a claim or defense, or respecting
strategy or tactics.
51. All documents in the possession, custody or control of
Plaintiff, Plaintiff's counsel, insurers, or anyone else acting on
Plaintiff's behalf, dealing in any way with the injuries. damages
and losses sustained by Plaintiff, other than those documents
supplied by Plaintiff's counsel to Defendant's counsel. This
should include, but not be limited to, all medical bills, medical
records, medical reports, correspondence, any and all other bills
and documents relating to medical treatment, hospitalization,
medication, appliances, lost wages, etc.
52. If you are maintaining a claim for irnpairment of earning
capacity, please produce copies of your Federal income tax returns
for past six (6) years.
53. Please produce your W-2 (wage and tax statements) for the
past six (6) years.
31
IN THB COURT OF COMMON PLEAS OF CUMBBRLAND COUNTY, PBNNSYLVANIA
BRIC LBPORE,
Plaintiff,
CIVIL ACTION - LAW
NO. 97-481 CIVIL TBRM
v.
MISSY McGBB,
Defendant.
JURY TRIAL DEMANDBD
AND NOW, this
CERTIFICATE OF SERVICE
/ c2'/"uay of August, 1997, I, Robert A. Lerman,
.
Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS &
CALKINS, Esquires, hereby certify that I have, this date, served a copy
of Notice to Take Deposition of Plaintiff, Brie LePore by United States
Mail, addressed to the party or attorney of record as follows:
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE
44 West Main Street
Mechaniesburg, PA 17055
Attorney for Plaintiff
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
BY: J& i?c ( ( /::.,.0"---___
ROBERT A. LERMAN
Supreme Court I.D. No. 07490
mlc/mcgee.dep.z
BY: U/t())} )2 (
ANN MARGARET GRAB
Supreme Court I.D. No. 55986
Attorneys for Defendant
110 South Northern Way
York, PA 17402
Telephone No. (717) 757-7602
3
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IN THE COURT OF COI\'lMON PLEAS OF CUMBERLAND COUNTY
LEPORE
t
r
Vs.
NO. 97481 CV
~
MCGEE
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 ANN MARGARET GRAB, ESQUIRE certifies that:
1. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(s) attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(s) is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(s) is attached to this certificate,
3. No objection to the subpoena(s) has been received, and
4. The subpoena(s) which will be served is identical to
the subpoena(s) which is attached to the Notice of Intent
to Serve the Subpoena(s).
Date:
3/9/98
ANN MARGARET GRAB, ESQUIRE
110 S NORTHERN WAY
</~I '<J
'. "--.... '\
.~
YORK, PA 17402
717-757-7602
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL J,EGAT. REPRODUCTIONS, INC.
4940 DISS'I'ON STREET
PHILADELPHIA PA 19135
(215) 335-3590
By: Heide Collins
File n: M238007-01
09.'l11:99 IIEJl H:25 F.\L1.l1-2W 657J
Cl11B co PROTHnSOT.\RY
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(MuSt be typeWritten ard subnitted in dupl.icate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
pleilSe list the within matter for the next ~t eourt.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entUe caption must be stated in full)
11
,
Eric Lepore
( Plaintiff)
vs.
Missy McGee
( Deferxiilnt l
~. 97-48l Civil
19 Illl
TQT"m
1. State matter to be a:t9Ued (i.e.. plaintiff's rrotion for new tr:ia1, defendant's
denur'r'E!r to cCI\tllaint, etc. I :
Defendant's Motion for Summary Judgment
2. Identify oounsel ...ro will argue case:
Keith O. Brenneman, Esquire
Snelbaker, Brenneman & Spare
44 West Main Street
Mechanicsburg, PA 17055
Ann Margaret Grab Esquire
Griffith, Strickler, Lerman, Solymos & Calkins
110 South Northern Way
York, PA l7402
3. I will l'oOtlly all parties in writing within bio days that this case has
been listed for ~t.
(al for plaintiff:
Address:
(b) for deferdant:
Address:
4. ArgUTCllt eourt Date: October 13, 1999
S"ptember 1, 19'JI!
Ii;. \ ~(,
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Attorney for .)e~~ a:lt
Ann na:::garet Grab Esquire
Do1ted:
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OFFICE OF TilE SHERIFF
CU~r "I'Y
JAM 30 8 06 ~M '91
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ERIC LEPORE,
CIVIL ACTION - LAW
plaintiff,
NO. 97-481 CIVIL TERM
v.
MISSY McGEE,
Defendant.
JURY TRIAL DEMANDED
CERTIFICATE OF SERVICE
AND NOW, this 1lth day of May, 1999, I, Ann Margaret Grab,
Esquire, a member of the firm of GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS, Esquires, hereby certify that I have, this date,
served a copy of Answer of Defendant to Plaintiff's Interrogatories
(First Set) by United States Mail, addressed to the party or
:/'
attorney of record as follows:
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE
44 West Main Street
Mechanicsburg, PA l7055
Attorney for plaintiff
t~
~
t_~....1
GRIFFITH, STRICKLER, LERMAN,
SOLYMOS & CALKINS
n: ItA
ANN MARGARET ESQUI
Supreme Cour 1.0. # 55986
110 South Northern way
York, Pennsylvania 17402
Telephone: (7171 757-7602
Attorney for Defendant, Missy McGee
mcgee. int
3S
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
LEPORE
Vs.
NO. 9?-4Bl CV
MCGEE
CERTIFICATE
PREREQUISITE TO SERVICE OF A SUBPOENA
PURSUANT TO RULE 4009.22
As a prerequisite to service of a subpoena(s) for documents and things
pursuant to Rule 4009.22 ANN MARGARET GRAB, ESQUIRE certifies that:
l. A Notice of Intent to Serve the Subpoena(s) with a copy of
the subpoena(sl attached thereto was mailed or delivered to
each party at least twenty days prior to the date on which
the subpoena(sl is sought to be served,
2. A copy of the Notice of Intent, including the proposed
subpoena(sl is attached to this certificate,
3. No objection to the subpoena(sl has been received, and
4. The subpoena(sl which will be served is identical to
the subpoena(sl which is attached to the Notice of Intent
to Serve the Subpoena(sl.
Date: 4/21/98
ANN MARGARET GRAB, ESQUIRE
110 S NORTHERN WAY
YORK, PA 17402
717-757-7602
ATTORNEY FOR DEFENDANT
{'"
, (((
/t~r>f'-.. ,
~~
File #: M239212-01 "~J\
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA PA 19135
(2151 335-3590
By: Margaret Basiura
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
LEPORE
Vs.
MCGEE
No. 97481 CV
TO: KEITH BRENNEMAN, ESQ
NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE
DOCUMENTS AND TIlINGS FOR DISCOVERY PURSUANT TO RULE 4009.21
DEFENDANT intends to serve a subpoena(sl identical to
the one(ol attached to this notice. You have twenty (201 days
from the date listed below in which to file of record and serve upon
the undersigned an objection to the subpoena. If no objection is
made the subpoena may be served.
Date: 3/21/98 ANN MARGARET GRAB, ESQUIRE
110 S NORTHERN WAY
YORK, PA 17402
ATTORNEY FOR DEFENDANT
INQUIRIES SHOULD BE ADDRESSED TO:
MEDICAL LEGAL REPRODUCTIONS, INC.
4940 DISSTON STREET
PHILADELPHIA, PA 19135
(2151 335-3590
By: Margaret Basiura
Enc(s) : Copy of subpoena(sl
Counsel return card
File #: M239212
~TIl Of' PaHlYLmnA
<XlJNl"i OF ~
9748l CV
Fi Ie No.
LEPORE
VS.
MCGEE
51 RPtlF'NA TO PRCO n:' DOCl.tENTS aI THl If3S
FOR 0 I SOOYERY PlJlSUANT TO Rt.l.E 4009.22
WILLIAMS GROVE AMUSEMENT PARK. . ,. ,
(NlIllll of Person or Entity)
Within twenty (20) days after service of this s\Jlpoena, you are ordered by the COU"t to
prod.lce the following doeunentl\ or things:
TO:
-
**SEE ATTACHED ADDENDUM**
at -MEDH'IIT. T.lmIlT. REPRODUCTIONS
ST PHILA PA 19135
INC 4940 DISSTON
(Address)
" o.
You may deliver or mail legible copies of the dOCunenU or procilce things requeste<i h,
this s\t)poena, together with the certificate of <XI11lliance, to the party making thi:
request at the adcress listed above. You have the ri!flt to seek in advance the res~ 1<
cost of pr'll!>aring the copies or prodJcing the things sou!fIt.
.f you fail to produce the docunents or things required by this subpoena within twent~
(20) days after its serv~ce, the party serving this s\bpoena may seek II court orde'.
ocrrpell;ng you to CXlTPly with it.
THIS Sl&'OENA WAS 1SS1..ED AT Tlt:: RE<U:ST a: Tlt:: F<X.LCWINCi PERSON:
IW'E: ANN GRAB, ESQ
ADORESS: 110 S NORTHERN WAY
YORK PA 17402
(215) 33::> n12
TELEPH:lNE :
SlPREI'E CXUlT 10 . 55986
'1)Ef'E1ttm1'i'
ATIORNEY FOR:
DATE: ~ q.lq~L
Sell I of the Ccu.t
Division
Deputy
(Eff. 1/97)
ADDENDUM TO SUBPOENA
LEPORE
Vs.
No. 9748l CV
MCGEE
CUSTODIAN OF RECORDS FOR: WILLIAMS GROVE AMUSMENT
ANY EMPLOYMENT APPLICATIONS, EARNINGS, LEDGER SHEETS, TIME CARDS
REVIEWS, ATTENDANCE SHEETS, ANY AND ALL MEDICAL RECORDS AND REPORTS
AND PRE-EMPLOYMENT PHYSICALS, WORKMEN'S COMPENSATION CLAIMS MADE, ANY
W-2 WITHHOLDING TAX FORMS, AND ANY OTHER INFORMATION PERTAINING TO:
NAME: ERIC LEPORE
ADDRESS: 624 WAYNE AVE MECHANCISBURG PA
DATE OF BIRTH: 01/09/76
SSAN: 163680783
CERTIFIED PHOTOCOPIES OF TIlE RECORDS WILL BE
ACCEPfED IN LIEU OF YOUR PERSONAL APPEARANCE.
County of: CUMBERLAND
MLR File #: M239212-01
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l2. As a direct factual and proximate result of the
negligence, recklessness and carelessness of Defendant aforesaid
and of the injuries sustained by Plaintiff as made reference to
in Paragraph lO, above, Plaintiff has developed ~ost-traumatic
arthritis, is limited in the type of employment he can engage in
for which he would otherwise be suitable due to weight
limitations in the amount he can lift and his previous active
lifestyle has been substantially limited and impaired since the
time of the accident set forth hereinabove.
l3. It is believed and therefore averred that Plaintiff's
post-traumatic arthritis as well as the weight limitation imposed
upon his activities and the substantial limitation in his active
lifestyle are permanent.
WHEREFORE, Plaintiff Eric Lepore demands judgment against
Defendant Miss McGee in an amount in excess of $25,000.00,
together with costs of this action.
SNELBAKER, BRENNEMAN & SPARE, P. C.
By:
t''' . 11U#--
Kelth O. Brenneman, Esqu re
44 West Main Street
Mechanicsburg, PA l7055
(717) 697-8528
Attorneys for Plaintiff
Eric Lepore
LAW Of"FICES
SNELEJAKER.
BRENNEMAN
8: SPARE:
Date: March 4, 1997
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the motor vehicle operated by Defendant, conversing with Defendant and a
passenger in said motor vehicle while said motor vehicle was at a complete
stop. On the contrary, it is averred that on the aforementioned date and
time, Plaintiff may have been intoxicated and was behaving in a
belligerent, unusual or erratic manner when he climbed upon the hood of
the motor vehicle in which the Defendant was situate. By way of further
answer, it is averred that Plaintiff's presence upon the hood of
Defendant's motor vehicle was uninvited and unsolicited and that Plaintiff
refused to remove himself in response to Defendant's numerous requests.
6. Denied. It is denied that on or about January 31, 1995, at
approximately 8:45 p.m., Defendant operated a motor vehicle in such a
reckless, careless and negligent manner as to drive said motor vehicle
forward withouc any warning or notice to plaintiff and while Plaintiff was
still sitting on the hood of the motor vehicle, causing Plaintiff to
immediately leave the hood of the motor vehicle while said vehicle was
moving and land on the ground to the left side of said vehicle, whereupon
the left front tire of said vehicle, while under Defendant's operation and
control, ran over Plaintiff's left foot, causing the alleged injuries as
set forth in Plaintiff's Complaint, On the contrary, at all times
relevant, Defendant acted carefully, lawfully, properly, and prudently
with due care under the circumstances and that at all times relevant,
Plaintiff may have been intoxicated and was behaving in a belligerent,
unusual or erratic manner when he climbed upon the hood of the motor
vehicle in which the Defendant was situate. By way of further answer, it
2
recklessness of the Defendant, the Plaintiff sustained injury, and it is
averred, to the contrary, that at all times relevant, Defendant acted
carefully, lawfully, properly and prudently with due care under the
circumstances. The remaining allegations of Paragraph No, 10 with respect
to Plaintiff's specific injuries alleged are denied in that after
reasonable investigation Defendant is without knowledge or information
sufficient to form a belief as to the truth of said allegations and strict
proof thereof is demanded.
11. Denied. It is denied that solely as a direct, factual and
proximate result of the aforementioned negligence, carelessness and
recklessness of the Defendant, the Plaintiff sustained injury, and it is
averred, to the contrary, that at all times relevant, Defendant acted
carefully, lawfully, properly and prudently with due care under the
circumstances. The remaining allegations of Paragraph No. 11 with respect
to Plaintiff's specific injuries alleged are denied in that after
reasonable investigation Defendant is without knowledge or information
sufficient to form a belief as to the truth of said allegations and strict
proof thereof is demanded.
12. Denied. It is denied that solely as a direct, factual and
proximate result of the aforementioned negligence, carelessness and
recklessness of the Defendant, the Plaintiff sustained injury, and it is
averred, to the contrary, that at all times relevant, Defendant acted
carefully, lawfully, properly and prudently with due care under the
circumstances. The remaining allegations of Paragraph No. 12 with respect
5
to Plaintiff's specific injuries alleged are denied in that after
reasonable investigation Defendant is without knowledge or information
sufficient to form a belief as to the truth of said allegations and strict
proof thereof is demanded.
13. Denied, It is denied that solely as a direct, factual and
proximate result of the aforementioned negligence, carelessness and
recklessness of the Defendant, the plaintiff sustained injury, and it is
averred, to the contrary, that at all times relevant, Defendant acted
carefully, lawfully, properly and prudently with due care under the
circumstances. The remaining allegations of Paragraph No. 13 with respect
to Plaintiff's specific injuries alleged are denied in that after
reasonable investigation Defendant is without knowledge or information
sufficient to form a belief as to the truth of said allegations and strict
proof thereof is demanded.
WHEREFORE, Defendant demands judgment in her favor and against the
Plaintiff together with costs of suit,
By way of further answer, Defendant asserts the following:
NEW MATTER
Defendant's Answer to Plaintiff's Complaint as set forth herein above
in paragraphs 1 through l3 are incorporated herein by reference as if
fully set forth at length.
l4. Plaintiff's Complaint fails to state a cause of action upon
which relief can be granted.
6
l5. Plaintiff's Complaint may be barred by applicable statutes of
limi tat ion .
l6. At all times relevant, the Plaintiff may have been intoxicated
and/or under the influence of alcohol.
l7. At all times relevant, the Plaintiff was acting in an unlawful,
improper, careless, reckless and negligent manner in complete disregard
for his safety.
l8. Plaintiff assumed the risk of any injuries and damages he
sustained.
19. Plaintiff's recovery is barred or diminished in accordance with
the application of the Pennsylvania Comparative Negligence Act.
20. Plaintiff has failed to mitigate his damages.
2l. Plaintiff is bound by a limited tort option under the
Pennsylvania Motor Vehicle Financial Responsibility Law and is precluded
from bringing this litigation.
22. Plaintiff has not sustained a serious injury as defined under
the Pennsylvania Motor Vehicle Financial Responsibility Law and is not
entitled to recover for the injuries he allegedly sustained. Plaintiff's
injuries and damages, if any, were not caused as a result of the incident
involving the Defendant's vehicle.
WHEREFORE, Defendant demands judgment in her favor and against
Plaintiff together with costs of suit.
7
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LAW Of'f'ICtS
SNELDAKER.
BRENNEMAN
6: SPARE
Pa.R.C.P. 1029(dl. To the extent a response is necessary, it is
denied that Plaintiff's Complaint may be barred by applicable
statutes of limitation.
16. Denied. It is denied that at any time relevant to the
matter set forth in Plaintiff's Complaint that Plaintiff was or
may have been intoxicated or under the influence of alcohol.
l7. Paragraph 17 of Defendant's New Matter contains an
unwarranted conclusion of law to which no response is required by
this party; therefore, same is deemed to be denied pursuant to
Pa.R.C.P. 1029(d). To the extent a response is necessary, it is
denied that Plaintiff was acting in an unlawful, improper,
careless, reckless and negligent manner in complete disregard for
his safety.
l8. Paragraph l8 of Defendant's New Matter contains an
unwarranted conclusion of law to which no response is required by
this party; therefore, same is deemed to be denied pursuant to
Pa.R.C.P. l029(d). To the extent a response is necessary, it is
denied that Plaintiff assumed the risk of any injuries and
damages he sustained.
19. Paragraph 19 of Defendant's New Matter contains an
unwarranted conclusion of law to which no response is required by
this party; therefore, same is deemed to be denied pursuant to
Pa.R.C.P. 1029(d). To the extent a response is necessary, it is
-2-
LAW OFFiCeS
SNCLDAKER.
BRENNEMAN
8: SPARe
denied that Plaintiff's recovery is barred or diminished in
accordance with the application of the Pennsylvania Comparative
Negligence Act.
20. Paragraph 20 of Defendant's New Matter contains an
unwarranted conclusion of law to which no response is required by
this party; therefore, same is deemed to be denied pursuant to
Pa.R.C.P. l029(d). To the extent a response is necessary, it is
denied that Plaintiff has failed to mitigate his damages.
21. Paragraph 21 of Defendant's New Matter contains an
unwarranted conclusion of law to which no response is required by
this party; therefore, same is deemed to be denied pursuant to
Pa.R.C.P. l029(d). To the extent a response is necessary, it is
denied that Plaintiff is bound by a limited tort option under the
Pennsylvania Motor Vehicle Financial Responsibility Law and is
precluded from bringing this action.
22. Paragraph 22 of Defendant's New Matter contains an
unwarranted conclusion of law to which no response is required by
this party; therefore, same is deemed to be denied pursuant to
Pa.R.C.p. 1029(d). To the extent a response is necessary, it is
denied that Plaintiff has not sustained a serious injury as
defined under the Pennsylvania Motor Vehicle Financial
Responsibility Law and is not entitled to recover for the
injuries he sustained. It is further denied that Plaintiff's
-3-
l
injuries and damages, if any, were not caused as a result of the
c
incident involving Defendant's vehicle.
WHEREFORE, Plaintiff demands judgment against Defendant in
his favor as set forth in his Complaint and that Defendant's
Answer and New Matter be stricken.
By:
SNELBAKER, BRENNEMAN & SPARE, P. c.
J4~
Keith O. Brenneman, Esquire
44 West Main street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff
Eric Lepore
Date:
April 22, 1997
LAW O,.,ICES
SNELDAKER.
BRENNEMAN
6: SPARE
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5. Pursuant to Pa. C,S,A. ~ 1705(a)(5) the owner of a currently registered private
passenger motor vehicle who does not have financial responsibility shall be deemed to have c1eeted
a limited tort alternative,
6, Plaintiff's eounsel has eonceded that in light ofPa, C,S,A. ~ 1705(a)(2) his client is
bound by a limited tort option, (See Attorney Brenneman's May 14, 1996 correspondence attached
hereto marked "Exhibit 2",)
7, The limited tort provisions of the Pennsylvania Motor Vehicle Financial Responsibility
Law provide for a reduced insurance premium in exehange for loss of the right to seek recovery for
pain and suffering or other non-economic damages arising out of a motor vehicle accident unless the
injuries sustained fall within the definition ofa "serious injury," 75 Pa. C.S.A, ~ 1705(a)(I)(A).
8. A "serious injury" is defined as a personal injury that results in "death, serious
impainnent of a body function, or pennanent, serious disfigurement." 75 Pa, C,S,A. ~ 1702,
9. The Pennsylvania Supreme Court has recently applied the longstanding rule oflaw in
this Commonwealth that summary judgment will be granted only in those cases which are free and
clear from doubt in the context ofa limited tort case and in so doing has outlined the criteria for what
constitutes a serious impainnent ofa body function, Washinl!ton v, Baxter, 719 A,2d 733 (1998),
10. In essence, Washinl!ton v, Baxter, id., has adopted the criteria of the Pennsylvania
Superior Court in Dodson v, Elvev. 445 Pa, S, 479. 665 A,2d 1223 (1995), (reversed on the grounds
720 A,2d 1050 as laid out originally by our sister state of Michigan in DiFranco v, Pickard, 427 Mich.
32, 398 N,W,2d 896, 900 (1986)) with respect to the definition of a serious injury and what
constitutes a serious impainnent of a body function,
2
II, The PlaintifTin the instant case was treated immediately following the accident at First
Care, a division ofSeidle Memorial Hospital and released the same day,
12. The PlaintifTwas never admitted to or held overnight in a hospital or had any surgery
as a result of the within accident.
13, Subsequently, the PlaintifTwas treated orthopedically by Dr, Ronald Lippe who
placed his left foot in a cast for six weeks,
14, The PlaintifT's cast was removed on March 13, 1995 at which time Dr, Lippe noted
that the alignment of the foot was good and that its healing was satisfactory,
15, PlaintifTstopped treating wilh Dr, Lippe in November of 1995 and had no treatment
until October I, 1997 when he was moving furniture and dropped a sleeper sofa on his fool.
16. Following the October I, 1997 injury to his left foot, Dr. Lippc's records rel1ecllhat
he did not see any sign of major concern and reassured the PlaintifT of that facl. (A true and correct
copy of all of Dr, Lippe's records are auached hereto marked "Exhibit 3",)
17. On February 17, 1998 Dr. Ronald Lippe authored a letter to PlaintifT's counsel
wherein he opines that the sleeper sofa dropped on PlaintifT's foot was "just an exacerbation of his
previous problem" and concluded that the PlaintifTcondition is pcnnanent and his ability to walk and
use his left foot arc rcstrictcd. (Sec "Exhibit 3",)
18, PlaintifTwas evaluatcd orthopcdically by Dr, Lawrcncc S, Pollack on Novcmber 3rd,
1998 who concludcd thatthc PlaintifT sustained a fracture of his first and sccond metatarsals which
havc healed and show no signs of post traumatic arthritis. (A true and correct copy of Dr, Pollack's
cvaluation is attached hereto marked "Exhibit 4",)
3
19. Plaintiff was employed on the date of the accident at an arcade in Mechaniesburg,
Pennsylvania earning $4,25 per hour. (A true and correct copy of an except of Plain tilT's deposition,
pages 8 and 9 is attached hereto marked "Exhibit 5".)
20. When he was deposed in March of 1998 the Plaintiff was employed by Mitrani and
Company earning $7.00 per hour. (A true and correct copy ofan except of Plain tilT's deposition,
page 7 is attached hereto marked "Exhibit 6".)
21. The Plaintiff cannot credibly assert a claim for earning capaeity nor can he establish
any time missed from employment relative to the accident.
22, Pennsylvania Rule of Civil Procedure 1035,2 provides that if, after the completion of
diseovery relevant to the Motion for Summary Judgment, including the production of expert reports,
the party who bears the burden of proof at trial has failed to produce evidence of facts essential to
the cause ofaetion or defense which in ajury Trial would require the issues to be submitted to ajury,
summary judgment may be granted in whole or in part as a matter or law,
23. There is no evidence from which a jury could conclude lhat plaintiff, Eric Lepore,
sustained a serious injury as a resuh of this motor vehicle accident, applying the criteria outlined in
Washinl!ton v, Baxter, supra,
Wherefore, Defendant, Missy McGee requests this honorable Court grant her Motion for
Partial Summary Judgment finding that Plaintiff, Eric Lepore has not sustained a serious injury, as
a matter of law,
4
.
ERIC LEPORE,
IN THE COURT OF COMMON PLEAS OF
CUMBERI.AND COUNTY, PENNSYLVANIA
NO. 97-48l CIVIL TERM
Plaintiff
v.
MISSY MCGEE,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the
clainls s~t fort:. in the following pages, you 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 a 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 ~ny 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.
Court Administrator
One Courthouse Square
Carlisle, Pennsylvania l70l3-3387
(717) 240-6285
SNELBAKER, BRENNEMAN & S~ARE, P. c.
BY'-.&~'~*~
Attorneys for plaintiff
LAW o,.,.U:J:S
SNELDAKER.
BRENNEMAN
a SPARE
TRUE copy FROM RECOR~no
In Testimony wherecl, I here unto ~ my
""t1 t\1'.l seal 01 said Court at CarliSle. P3.:,
ihis ~,/I~~" d~ ~~~:~;:::,L:.",~90t:~
Prothonotary
6. On the aforementioned date and time, Defendant did
operated a motor vehicle in such a reckless, careless and
negligent manner as to drive said motor vehicle forward without
any warning or notice to Plaintiff and while plaintiff was still
sitting on the hood of the motor vehicle, causing Plaintiff to
immediately leave the hood of the motor vehicle while said
vehicle was moving and land on the ground to the left side of
said vehicle, whereupon the left front tire of said vehicle,
while under Defendant's operation and control, ran over
Plaintiff's left foot, causing the injuries and damages more
fully set forth herein.
7. At all times relevant hereto, Plaintiff acted in a
prudent and reasonable manner.
8. At all times relevant hereto, Plaintiff believes, and
therefore avers, that Defendant was operating the aforementioned
motor vehicle without a driver's license.
9. The injuries and damages more fully set forth herein
were caused solely, factually and proximately by the
carelessness, recklessness and negligence of Defendant in the
following particulars:
a. In operating the aforementioned vehicle in
disregard of the safety and well being of
Plaintiff;
LAW OF,ICES
SNEL.BAKER.
BRENNEMAN
&. SPARE
b.
In operating a motor vehicle without being
properly licensed by the commonwealth of
pennsylvania;
-2-
c. In causing said vehicle to move forward from a
stopped position without any warning or notice to
Plaintiff;
d. By moving said motor vehicle forward from a
stopped position while plaintiff was sitting on
the front hood of the car in plain view of
Defendant;
e. In failing to stop said vehicle upon seeing
plaintiff leaving the hood of same;
f. In operating the motor vehicle while being
inattentive and otherwise failing to take due and
proper cognizance of Plaintiff's position on and
beside said vehicle; and
g. In improperly moving said vehicle forward when
Defendant knew, or in the exercise of reasonable
care, should have known that to do so would place
plaintiff in danger of physical injury.
lO. solely as a direct, factual and approximate result of
the aforementioned negligence, carelessness and recklessness of
Defendant, plaintiff has sustained the following serious personal
injuries:
a.
Fractures of his first and second metatarals of d.
his left foot; and ~
b.
contusion of his left foot;
11.
As a direct factual and proximate result of the
negligence, recklessness and carelessness of Defendant aforesaid,
and of the injuries sustained by plaintiff as made reference to
in Paragraph lO above, Plaintiff in the past and believes he will
into the future be caused to endure great pain and suffering,
L.AW a..,leES
SNELBAKER.
BRENNEMAN
Be SPARE
mental anguish, loss of life's pleasures, inconvenience,
humiliation and embarrassment.
-3-
r
VERIFICATION
I verify that the statements made in the foregoing Complaint
are true and correct. I understand that false statements herein
are made subject to the penalties of l8 Pa. C.S. 54904 relating
to unsworn falsification to authorities.
(~,.~
/ll .~~f (.'
Eric Lepore
Date: March J, 1997
-
FIRSTCARBam
AlEDICAL ~CENmlS
A OV1S01 01 SIde MetrWJt~ tt:1tSl),1J
LEPORE
ERIC ~_ )636~783
~: 2'!I1911H-12 L~ tfj,,'li HW19
(,24 WAYNE"a KECH PA
~ ~ I T U 0 N G N GUY EN INSmuCTloN9 TO llIE PATlENT
_ The~i'll'~. and trealment you have received In tho FltslCaro Center hu been ronderod on an ulIllnl bull only, and are nollntlnded
'.10 'b ~t ~f9r.or on ofIQ . I CfJ plolo modidal caro, IF YOU DEVELOP NEW PROBLEMS OR COMPUCAnONS,
cdl C 'Y fA 'PHYSICI \~ FIR! dJ\RE, ,
E INSmUCTlONS BELOW AS INOICATED FOR YOU,
EYE INJURIES
21. Wear eye pald1 for hours,
22. Do not drive Dr optl/llla machlnllf}' unlil
23. RaILwn to FntCa", Dr family physlclan
lunglaSlal.
24. Avoid brightlighlS. T,V. and prnJonged rucing for _hours.
25. Eye madcation
HEAD INJURIES
26, Avoid s~enuous physical acti.~ty for alI88SI24 hours,
27, Usa for haadache overy 4 hours sa needed,
26. Ughl diet for 24 hours,
CALL DOCTOR IMMEDIATELY IF:
A. Unabl.'o arou.. paUanl, conlu""" or InI1able
8. PeUanl conUnu.. 10 be nluaoalad andlor voml"
C. PeUenl hu trouble with balan..
D. PeUenl complel.. 01 any vtlUal dllllcully
E. H""""ch" parololllonger thin 24 hourw Dr lilt
bacom.. more Inll..1 Iller 12 hourw,
F. Conwlllonl
LACERAnON, ABRASIONS OR BURNS
1. Keop wound ciean and ay 24-48 hours. . I
2, Aflar 24-46 hours walh with loap and wal8l' OI'pdloxido.
3. Wald1lor signs 01 swaning, tendomess, redness. heal Dr
dralnagA - rolUm to FOlIC,,", if any 01 thOIO signs occur.
4. Ro~m to ArstCare to have your SUIU"'" ",moved
5. Tetanus ToxiodlTetanus diphtheria given
SPRAINS, BRUISES AND FRACTURES
6. E1ova18 on 2 pillows and ",SL
7. U.. Ieolor minu18S
times a day lar days.
8. Acewrap -
g, UI..plinllor
10. Ulecrull:hoslor
\1, Bogin to boar weight
12. SIarl wann soaks on
minutes
symptoms prosenL
13. Wear cervical collar
14. No heave filling for
15. Us..llng for
MEDICAL INSTRUCTIONS
16. Bod ","lIar
17. Take alpirin 01 Tylonol$ overy
18, II a child has fevo,;...
A. d",SI IIghlly -donlcovorwith blankalS;
8. place in IUb ollukewann walBr and sponge for 30 minule..
if temp_lUre is high.. than and won'l
coma down with aspirin or Tylonoli!!l
C. give plenty 01 nulds - on.. sman amounlS fI1Iquenlly;
D. give baby aspirin or Tylenoli!!lll temparalU'" higher than
lor
times a day unli recheck or no
."
E. DO NOT usolce packs, cold wallr enemas or alcohol bath.
19, Clear liquid diol- advance as tolerated.
20. Drink plenly 01 Iiqulds.
yes.
hours.
F..tC....:
-bring
NOSEBLEEDS
29. Do nol blow your nose,
30. II blooding occurs through nasal packing or in Ihr)llll
caB FirslCa'" or.fainily physician, I'
/ ".
FOLLOW UP CARE
31. RaIUm lO FiraICare
32. FoUow-up with lamily physician
33. See Dr,
00
al
AMiI'M
EMPLOYMENT
34. RelUm 10 normal duly on
35. Umited duly from
Umitation
36. Soe Occupational Instructional Sheel
until
vJ I IV +t ,) 1tP./, d ,'"
I f
X-RAY INSTRUCTIONS: Your x-rays havo been read by the ArstCa", Cenlar Physician. For your added prolaction, your x-<ay will bO"'l1IId by our
Radiology DapartmanL II any abnormalities are found !hat have nol been called to your attention. you and your doctor will be caned Immedat8ly, Sometime.
,",ctures or abnonnalitios may not show up on Hays lor .everal days. lI.ymptoms parsisl or got worse, call your Physician or rolUm to lhls FOlICa",
Cenlar. Mo", x-<ays may have to be taken.
LABORATORY INSTRUCTIONS: Call FirslCale
SIGNATURES __________ .
......
'"\
, JR.N.
(~, M.D.
......
l'
ForrnSU....Z(819I)
TN F ,nte",. 11'\&1\ .~ ""me II bt...g unci ut'ld., h~"'.
for ",sullS 01 your pending lab tOltS.
I HEREBY ACKNOWLEOGE RECEIPT OF THESE INSmUCTIONS AND UNDER-
STAND llIEM. I UNOERSTAND THAT I HAVE HAD URGENT mEATMENT ONLY
AND llIAT I MAY BE RELEASED BEFORE ALL OF MY MEDICAL PROBLEMS ARE
KNOWN OR TREATED. I WILL ARRANGE FOR FOLLOW-UP CARE AS I HAVE
BEEN INSTRUCTED.
x (j,;,/ (I ';<J ~/
Signature: Pauent or re ponslble person
II } 1t1r-
, Data
VISIT
o PHYSiCAl
'Ii! ACE
S AUDIOGRAM
o CArn TRAY
o CARDIAC MONITOR
o CAST
o CERVICAllXlllAR
o ClAVlCAl STRAP
o CRUTCHES
o 000. I , 000. II
o EKG
o FEI.lAlE CA TH
o HEMATEST
o ICE BAG
o 1& o TRAY
o IV
IVAC RJMP
!<NEE IMMOB.
o MINOR EYE SUPPUES
o OXYGEN
o SHOULDER IMMOB.
o SUNG
o BUT LAMP
\l WUNT (DeL
6\sUCTION
o SUTURE TRAY
o SUTURE REMOVAl. KIT
o VAG, EXAM
o WET PREP
o MISC.
~~!o
f~~
nESPIRA TOnv
o ABG
o AEROSOL
o PEAK FLO
o PULMONARY
FUNCTIONS
AUTHORIZATION TO TREAT: STATtMENTS ON ThiS FOllllAAE TR\Jf TO ThE om Of MY
KNOWLElXlE."'" HERESY AUTHORIZE TlfE PHY~ PHYlllOAHS" QWlGE OF ThE CASE
OF THIS PATlfNTTO ADWINlSTER #.J4.V TREATUENT. OR TO ADUIHlSTEA ESTliETlCS ~o
PERfORJ.I suo. QPEAAnoHS AS YAY BE OUYED NECESSARY OR IN~E I
AND TREATJ.IEHT Of' PATlEHT. CC/:
10"-
...""'"
f'fW\IATI I'HTSlCNI
GUARANTOR NAME AND ADDRESS
EPORE, ERIC
24 WAYNE DR, MECH
PA 17055 ......Hd717 766-7470
NOnFICA TION...w.u: AND ADDRESS AEl.
INDA RUOISILL
24 WAYNE DR, MECH
PA 17055 _NO 717
PATlENT CASE NO. DATE
202987412 01/31/95
PATIENT NAME AND ADDRESS
Ef'ORE, ERIC
24 WAYNE DR. MECH
'1\
M
TlIlE I INT.
o AIlYlASE 0 tWl OFAClAL o NAS;
o BUN 0 lYTES OC OT OllS
o CARDIAC PANEL 0 PREGNANCY
0C8C 0 PT o mES
o CHEM'2 0 m 0 CXR o KUB
o CIlElolI 0 RPR
o CIlElolII 0 UlA 0 IVP
o CIlElolIU 0 URINEOIP 0 SHOUlDER l II
o ETON 0 URINE
o GLUcose PREGNANCY 0 RIBS L R BIl 0 NUMERUS L R
CULlURES: 0 EUll1N L II 0 FOREAR/oll R
o BlDOOlCHWlYDlA/GC 0 WRlSTlR 0 NIP l R
o HERPfS
o SPUTUM 0 IWlDlR 0 ANGER
o rnROAT ISTREP) (ROUTINE) (fW'IO)
o URINE 0 PELVIS 0 FEMUR L R
o WOUND 0 T18If1IllR O~
DflUQ SCREEN: 0 ANKlE l II 'A l
o SCREEN
o N10A COUECTlON 0 TOES l R o US
o ~IDA COUECTlON
AUTORIZAClON PARA OAR TRATAIIIENTO: LO ESTAIlLEOOO EN ESTA FORWo ES C:EiI'
HASTA La MEJOR DE UI CONOQIoIIENTO. AIJTHORIlO N. UEOtCO 0 Ir.IEDlCOS EHCARQADOS l
STE CASO v PACEN'Tt A ADUNSTRATAR CUALQU\EA 11\ATAMIEHTO 01. ADMINIST'RAA ANEm~
Y UEVAA A CABO CUAlQUIER IOERACION QUE SEA NECESNUA 0 ACOHSEJABLE EN .
OIAQNOSTlCCl Y ACERCA DEL TAATAJoaEHTO auE HE DE SEOUIfl
p.,.,..tnca dtI peoent8
ARMA
PAOENTElPADRES. QUARDlAH LEGAL
TtST\OO
,
-,
..
...0
10\
,
,
.......
.
N/A
/995
UNEMPLOYED
PAnon EMPLOYER INFORMATlOH
N/A
/995
PAnENT S,S NO
MEDICAL AEe. NO.
-....,
1.63680783
GROUP NO.
1636807Fl. 39'
SUBSCRlBfR HA.YE
NON
INSUR.A1iCE co. NAME
POLICY NUMBER
RElIGION
'.1~~ICA,- =::,:r::::-
'..'
LEPORE, Eric
Chart No.: 98809
February 6, 1995--Trindle Road
Eric admitted to me that he in fact did not drop a cinder block on his foot.
It was run over by a car.
On examination. his left foot is swollen and actually his cast is too tight.
We changed his cast. His skin is satisfactory. He will be reseen at his
previously scheduled appointment.
RWL/jln
February 22, 1995--Trindle Road
Eric had some discomfort under the cast. He came in for evaluation.
On examination. his toes are pink. He is neurovascularly intact. He states
that he doesn't feel that the skin is rubbing he just describes discomfort
from the fracture.
I reassured
anything as
with that.
him that this is normal and I do not recommend that he change
he does not feel that his skin is irritated. He seemed happy
He will be reseen at his previously scheduled appointment.
RWL/jln
-
March 13. 1995 - Trindle Road
ERic's cast was removed. He is nontender over his fracture site. He has a normal
bony alignment of his foot.
AP lateral and oblique x-rays of his left foot show his first metatarsal fracture
is healing in satisfactory position with goed callus formation.
I told him he may begin weight bearing on this as tolerated but it may take some
time before he is asymptomatic. I will see him again in another six weeks for
clinical recheck.
RWL/ss
April 21. 1995- copy of office notes mailed to Snelbaker & Brenneman- jln
I
I
,
I
,
~
.
- ffMOX.JO'l'tItR."'D.fA.C.S
RICHARD H. KAUOCK, "'D
~R.HM9lER.MD.F^-c.s
WIJ..1AMV/DrMUTli.MD..FAC.S
IlOr1AlD W. UPPE. "'D.
JOHN R. flANKUty a. IItD
.MES A. SHAW. M.D.
1OWD.1 p.tlUSCI'l. "'.D
~!LlTID"I..""D.
Tl1O'\A.$.l,OOt' .""D.
IlCKUO!&Cl.'L..""D
smL'11. 'Q.1. 1'\ D.
c:;arr.arrA.tWUU./ltD.
"l.f.'(A.'Ul ICAlL"Wl "'D.
ORTHOPEDIC
INSTITUTE OF
PENNSYLVANIA
TELEPHONE: (717) 761,5530 . (800) 834.4020 . FAX: (717) 737.7197
June 2. 1995
Keith O. Brenneman
Snelbaker and Brenneman
44 West Main Street
Mechanicsburg. PA l7055
RE:
DOA:
CHART:
Eric M. Lepore
l-3l-95
98809
Dear Mr. Brenneman:
This is in response to your questions regarding Eric M. Lepore in your letter
dated May 24. 1995.
I first met Eric on February 1. 1995. He presented with an injury to his left
foot. He had fractures of the base of his first and second metatarsals and the
first metatarsal fracture was somewhat comminuted. He was treated with a short
leg cast at that time. The history he recounted to me at that point was tbat he
had dropped a cinder block on his foot. I specifically remember thinking this was
somewhat odd because the amount of trauma imparted to the foot to require this type
of fracture would probably take more energy than that imparted by a falling cinder
block. Subsequently when I saw him on February 6. 1995. he admitted to me that
infact he did not drop a cinder block on his foot and that he was attempting to
protect the person that had run over his foot with a car. I duly noted that in
my notes. His cast was opened at that point as his foot was started to swell as
one sees in a high energy injury such as a foot being run over by a car. His
cast was removed on March 13. 1995. and I saw him on May l5, 1995. He does have
some tenderness in the area of his first metatarsophalangeal joint and some
clicking there.
I suspect that he has had some trauma to the first metatarsophalangeal joint and
this may infact continue to bother him down the line. If he develops arthritis
in this area he may require a fusion of this joint. although I think there is a
good chance that he can get by without any other further intervention. I really
think his prognosis is relatively good although it may be difficult for him to
participate in jobs that require him to be on his feet all day. I make all these
statements with a reasonable degree of medical certainty.
If there is anything else I can do
please feel free to contact me .
'!B~;'~~.;,
~. Lippe. M.D
RWL/clg
Enclosure
CAMP HILL OFFICE
-~..-
ADDRESS ALL CORRESPONDENCE TO 3916 TRINDLE ROAD. CAMP HILL. PA \701\
HARRISBURG OFFICE HERSHEY OFFICE
--------
':.~. (:""~'. srrr:''';17 :'>~)';:I~r : JI)
':'..:'(0 \ (. rl'uCCl 'TE. .-'lVE
CAMP HILL OFFICE
Ai5 "':~"'1; r:"-i$CH ~o
i I
ORTHOPEDiC INSTITUTE OF PENNSYLVANIA
(717) 761-5530
Patient: Eric Lepore
DOB: 01/09/76
SSN: 163 68 0783
Chart ~: 0988090l
Page ~ 1
------------------------------------------------------------------------------
11/02/1995
PROGRESS NOTE
CHIEF COMPLAINT: Eric still
being on it all day and he
pain is in the medial side
RONALD W. LIPPE MD
has occasional pain in his left foot, worse
notices that that is somewhat of a problem.
of his midfoot with radiations plantar ward.
with
The
PHYSICAL EXAM: On physical exam, he is tender in the area of his first TMT
joint.
PLAN: We discussed the options, He apparently has a familial history of
adverse reaction to Cortisone and elected not to have one at this point. I
wrote a prescription for Naprosyn 500 mg. to be taken bid with food with two
refills. I told him to give this several weeks to improve and if he fails to
see an improvement, he knows to bring it to my attention.
RWL/jln
LETIER TO:
11/10/1995
BRIEF OFFICE
HARRISBURG
Lippe, M.D., Ronald W.
RONALD W. LIPPE MD
VISIT
CHIEF COMPLAINT: Left foot pain which increased yesterday. He states that
he was walking and felt a pop, He localizes his pain to the medial border of
his midfoot,
PHYSICAL EXAMINATION:
phalangeal joint. He
ecchymosis.
He is tender in the area of his first metatarsal
does have some slight swelling there. There is no
IMPRESSION: This appears to be an exaccerbation of his first MTP joint
arthritis,
PLAN: We discussed his options, He is going to give it some more time and
continue to take his anti-inflammatory medicine, and if his symptoms change,
he knows to bring it to my attention,
RWL/c1v
5/31/1996 RONALD W. LIPPE MD
TEL/KBSG-MBSSAGE TO CHART T
HCC sent copies of offices notes Attorneys Snelbaker & Brenneman rrc
7/30/1996 RONALD W. LIPPE MD
TEL/KBSG-MBSSAGE TO CHART T
HCC mailed copies of offices notes to Attorney's Sne1baker & Brenneman rrd
10/01/1997 RONALD W. LIPPE MD
LEVEL TWO
I had the pleasure of meeting your patient Eric Lepore in the Trindle Road
Office on October 1, 1997.
CHIEF COMPLAINT: Eric was well until five days ago when he injured himself at
------------------------------------------------------------------------------
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PA 17055
. . .
ERIC LEPORE
624 WAYNE DR
MECHANLCSBURG
SEIDLE MEMORIA
DETACH TOP PORTION AND RETURN WITH YOUR REMITTANCE
KEEP THlS PORTION
FOR INCOME TA.X
PURPOSES
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A 'kOrWIOtML CO~OlV.nON
ArTOlU'JEY5 AT lAW
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MEC~IC5BURG, PENNSYLVAN,^ 17055
IUCHMD C. !NELBAKER
KEITH 0, BRENNEMAN
PHIUP H, !PAAE
P. 0, BOX 311
MCIMILE <7l1l 6Q7.7111
117.607.8528
May 14, 1996
Dr. Ronald Lippe
orthopedic Institute of Pennsylvania
3916 Trindle Road
Camp Hill, PA 17011
Re: Eric M. Lepore
Date of Accident: January 31, 1995
Dear Dr. Lippe:
As you are aware, this office represents Eric M. Lepore in
reference to an injury he sustained to his left foot in an
incident that occurred January 31, 1995 involving an automobile.
Your records should reflect that on May 24, 1995 I wrote to
you requesting, among other things, a copy of your office notes
and records pertaining to your treatment of Mr. Lepore.
This letter will serve to request a complete copy of your
office notes and records which reflect treatment he obtained
under your care subsequent to March 13, 1995. I have your office
notes and records from his file up to March 13, 1995 and am
requesting only those records that pertain to treatments and
visits after that date.
Your file should reflect a properly executed authorization
permitting the release of the above-requested information to this
office.
If the:-", lS a ~ho~ocopying cost involved wit:n this request,
please advise me of same and your office will be reimbursed
directly.
I thank you for your assistance.
'fo,/,- truly,
~: ~-it/'./'/Vv--
Keith O. Brenneman
KOB/sz
CC: Eric Lepore
.'
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DoL DBA UHTH INST I TUlI': OF PA l{)'i-c'l-':Ib
87:5 PUj.JLI-lR CHURCH RUAO
t.:H~IP HILL Pl-l 171/111
717-7&1-;;5.30
mx 10 II: 23-18'1~547
PATIENT: 098809 LEPORE . ERIC PfH BHL: .11111'
INS 8~IL: .1iJ1ll
UlH BAL: .00
------------------------------------------------------------------------------
SERV C INS l-l LIN!:. INVUIelO RUNNING
DATE INV RP S DR PHOC UESC CO~I~IENT CO CIIA PL AMOUNT 8ALI-lNCt:: BHLHI~L!:.
------------------------------------------------------------------------------
020195 1 & 1 39 90000 DC ERRO 01 .00 .00 .IIJIiJ
RONALD W LIPPE MD DIAG:
020195 2 & 1 39 28470 FX METATAR 01 313.00 31.3. o III
RONALD W LI PPE MD DIAG: 825.25 E849.0 E91&
0&0595 2 1 1 COAJ COL ADJUST COMM AeCE 01 -313.1l\0 .00 . III \!I
020195 3 & 1 39 28470 FX METATAR 01 31.3.000 .31,,;.1iJ1Il
RONALD W LI PPE ~ID DIAG: 825.25 E849.0 E91&
0&0595 3 1 1 COAJ eOL ADJUST eOMI~ ACCE 01 -313.00 .0(d .1l'1Il
020195 4 6 1 39 SLCS SL CAST SY 01 37.00 3'1. III 10
RONALD W LIPPE MD DIAG: 825.2:5 E84':1.0 E91&
0&0595 4 1 1 COAJ COL ADJUST COMM ACCE 01 -37.00 .01i;1 .1tI1{J
020&95 7 1 1 39 2942:5 CAST SLW 01 223.00 22.3. illll'
RONALD W LIPPE MD DIAG: V54.8 825.25 E849.0
0&0595 7 1 1 COAJ COL ADJUST COMM ACCE 01 -223.00 .r;:11il .1l1fll
020&95 8 1 1 39 SLCS SL CAST SY 01 37.(/10 37.1I)1i;I
RONALD W LI PPE MD DI!-lG: V54.8 ~25.25 E849.0
0&0595 8 1 1 CUAJ CUL ADJUST COI'IN ACCE 01 -3'7.0121 . fblO .01i)
020&95 9 1 1 39 91il000 DC 01 .00 .01il .1l1lLl
RUNALD W LI PPE NO DIAG: V54.8 825.25 E849.0
031395 10 1 1 49 73&30 FOOT 01 49.00 49.00
RUNALD W LI PPE MD DIAG: V54.8 825.25 E849.0
0&0595 10 1 1 eOAJ COL ADJUST COMM !-lCCE 01 -49.00 .01il .00
031395 11 1 1 39 ':11i;100121 De 01 .00 .1il0 .01l1
RONALD W LI PPE ~ID OIAG: V54.8 825.25 E849.0
051595 12 1 1 49 73&30 FOOT 01 49.00 4':1.0<10
RONALO W LI PPE ~ID DIAG: V54.8 825.25 E849.1il
060595 12 1 1 COAJ COL ADJUST eOMM ACCE 01 -49.00 .010 . o III
051595 13 1 1 3':) 90000 DC 01 . III 0 . iii'" . III III
RONPll:.D W LI PPE MD DIAG: V54.8 825.25 E849.0
0&1995 15 1 1 49 73&3tll FOOT 01 49.00 'I'1.1iJ1tJ
RONALD W LI PPE MD DIAG: 719.47
100995 15 1 1 CUAJ COL ADJUST CO~I~I AeCE 05 -4':1.0121 . "'Ill .1I)\!I
0&1995 1& 1 1 39 99212 OFFICE OUT 01 25.17.10 2::i.1I,11lI
RONALD W LI PPE MD DIAG: 719.47
10111995 1& 1 1 COAJ COL ADJUST COMM HCCE 1115 -25. 00 . 0~) .1ll~1
080795 17 1 1 39 qq212 OFFICE OUT 11)1 25. "lid 2=;. liIlLl
RONALD W LIPPE:: MD DIAG: 719.47
100995 17 1 1 CDAJ eOL ADJUST eUM~1 ACel:. \!I5 -i:::::).011' .ilIlil .Ilub
110295 18 1 1 39 ~9212 OFFICE OUT 11.12 25.ll)li.1 2~.II.IILl
RUNALD W Ll PPE ~1D DIAG: 71':).'17
tlIi-::"15~b 18 1 1 COAJ LUL AUJUbl LO~IM HeLl" 1115 -2:..l.illll . "Hll . 1i.'Ill
{ 1.11ll9~ 1'1 1 1 ,;9 'i...,.-::L~ 1Jf-t'-ICE IJIJr ",I,~ ;7.::,-,.1/)11.1 0::5. V,Il1.1
(
MEDICAll0N RECORD
..... LA.ST nR.ST HIllllL& I DOCTOR or pumn' CIWlT IItlHII&Il I
, /1
iJ--t!.l'cr<. Eric...
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HlDICM'IOlIS I PIWlKI\C'l AND I AHr, I un= I DAn I DOCTOR I
PHCIm HUHBIR DUP. ; COSteN
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( .dEAL TH mSTORY
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.~,'Thc following is very important to US in tDlcing care of your health. Please talce time to completely and accurately flIl out
t(.all of this information. Please also make sure you update this information as changes occur.
~;.
patlent'sName.b/~,I{j..<" oo-r<"
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Medications You Are Taking
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AmDlIII1
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."-".-".:....
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Are you taking diet medication? No-4 Yes_
Allergies (Drugs and Other Allergies)
, , ' JI.;JJ).IJC
Penicillin No _ Ves.K _r=tionl-'dlo,lJ.II:J1
Local Anesthetic No j{ Ves_-r=tion
(xylocaine. novocaine)
Other Allergies
" Hospitalizations
J.::"(List serious illness and in;uries or oper.lrions and
._ ~ :I
.....,
i\:'approximate year.)
. t~1' ~ SeriOl1!l il1n~~!1 iniurv or SUJ:Ilet'V Homitnl
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Cbart Number 9 ?fRO '7
Past Mcdlcal History
Hav. you or members or your family ever be.n lold tbat
you bav.:
Your
You Family Descrlhe
Anemia [ ] [ ]
Asthma [ ] [ ]
Abnonna1 Bleeding [ ] [ ]
Blood clnls I phlebitis [ ] ~?
Cancer I tumor [ ]
Diabetes [ ] [~
Drug abuse [ ] [ ]
Eczema I psoriasis [ ] [ ]
Epilepsy I seizures [ ] [ ]
Heart Condition [ ] ~~
High or low blood pressure [ ]
Liver disease I bepatitis I
yellnw jaundice [ ] [ ]
Kidney I bladder problems [ ] [ ]
Lung disease [ ] [ ]
Pros1ate problems [ ] ~?
Stroke [ ]
Thyroid disease [ ] [ ]
Tuberculosis [ ] [ ]
Ulcer in stomach I [I
duodenum [ ]
Osteoporosis ~J' [ ]
Arthritis [ ]
Other bone I joint disease [ ] [ ]
Any nervous system disease [ ] [ ]
UPD^ TE
/0-(-' 7...~
Social History
Do you smoke?.l1 No Yes)( Amount~A,
Do youdrinkalcoho!? No= YesLAmount~W4t4t/(
Do you use street drugs? No.J( Yes_ Amount
Continued on back of page..........
"
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During the pnst year, have you hud:
..' " ':' .,' ~ .
,I heartburn or indigestion?......:....:.."'..............................,"'................
2 bowel movements that were bloody or tarry?.....................................
3 any recent change in your bowel habits?...........................................
4 frequent urinntion during the day or night?.........................................
5 any recent loss of control ofyourbl~ddcr7.........................................
6 burning with urination?.........."':........................................................
7 difficulty starting your urinatio~?...;..:............:....................................
8 excessive urination? .....;:..;~:...::;.::;..:........."'.. ..................................
. ' ~ ..,:i./)~;.~.,\~:~;;:;-'::. ,: '~. .-
. ," .' "I".!1)"'rWI,.,.:.~; ','
excessive thirst? ..............::~:'~.:...~~::::;.............:................................
. '. :~~ ,~:.,..~ '0',) ',:' . .
shortness of breath or wheCZlllg?.......................................................
hr . .. gh? ";,;i"!""r[.t;..,~l'~;'''..',,
C OOlC cou .............;;.:...d...;.~.. :...:..................................................
h . 'th ... '?' J.;!.ll$lr"t'.;~: :,'., ,'.'
c cst pam WI actiVIty ,..;,....:,::.:;..:..:.;......:...........................,..........
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racmg heart or palpitations?....:..,:.:..:...;.............................................
I 'ankI .. ',~'~*i.1.;'~\~-~: .;,,; ~" .
swo len feet or es?..:.:.......:.....;..:................................................
.'\-.':-~I:I, ,,'., . \.d .
frequent headaches? ...,.;..;;.:::'.~~:;.:.:..;..:.::...:........:............................
, .: . '; :~, ~..~..~ ' . ,
difficulty hel1l1I1g?.....:.;..;~:.:.:...:..::..:...............................................
10
11
12
13
14
15
16
17
18
19
20
21
" 22
, 23
24
25
26
27
28
..'...:....J:...
'.
dental or other mouth problemS?........................................................
'.: ';:\...., ,',.
frequent nose bleeds?..;.::.:..::.:...:.....................................................
e~ bruising? ...................::.;:.:f::.::.......:....:......................................
skin rashes? ..............;.....:.:...........;.....;............................................
aching muscles or joints?...................................................................
swollen joints? ..................................................................................
cold hands I feet?.............................................................................
gangrene?........................................................................................
loss of consciousness?......................................................................
recent numbness in arms or legs?......................................................
chronic fatigue? ......................................................;.........................
uncontrolled bleeding?.......................................................................
:L
"
29 weight loss?.................................................................................. ..
30 weight gnin?.....,...............................................................................
31 heat I cold intolerance? ..............................................................,......
.
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The above Information Is true and correct to the he.5t of my beUef.
Patient slgnature~.r7 ~~
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No Ycs ./
No ~/ Ycs_
No V Yes .
No- Ycs?
- -
No ~cs
No-v" Ycs-
No -;r Ycs-
No t/ Ycs-
- -
NOtT Ycs /
No Ycs
No ~/YCS-
NOYes','
- -
. ,
No t2 Ycs V. '
No t/ YeS,;>.'
No_/ Ycs_
No v Ycs
- -
No ~ Ycs_
No~ Ycs
No.:..!L: Ycs_
NoL... Ycs_
No_ Ye~~/
NOiT Ycs
No-=..L Ycs_
No II Ycs
- -
No ;; Ycs t/
No--'ir Yes-
No-,L Ycs
No'; Yes
- -
t/
No Ycs--,L
No--/ycs~
No Y Ycs
- -
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Patient Name:
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\Plel1:l.e Punt)
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I hereby consent to any necessary medical diagnosis and treatment for myself, child, or above named minor lor whom I
am legaily responsible,
DATE
SIGNED AUTHORIZATION
X'.: ""
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-'
WITNESS
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AUTHORIZATION FOR RELEASE OF MEDICAL INFORMATION AND ASSIGNMENTS OF INSURANCE BENEFITS
The attending physicians are authonzed to release any medical ,nformation required In the processlllg of applications for financial
coverage for services rendered,
I hereby authorize direct payment of surgical and medical benefits (not to exceed the regular charges for Similar services) on my
behalf to any organization, hospital. phYSician, surgeon, radIOlogist or pharmaCist, otherwise payable to me, The benefits referred
to herein would be payable to me if I did not make this assignment If covered by Medicare, I authorize any holder of Medicare
information about me to release to current Medlgap Insurer any information needed to determine these benefrts payable lor
related services, I understand that I am personally responSible to the phYSICian for charges not covered by this agreement.
DATE
SIGNED AUTHORIZJ\,lION
WITNESS
/! c./tl"'t'
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'/7 'A'J
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- -'
MEDICARE. MEDICAID PATIENTS CERTIFICATION
Patient's Certification Authorizalion to Release Information:
I certify the informallon given by me and needeo for tnlS cr related medical claims In applYing for payment under Title XVIII and
XIX of the Social Secullty Administration, ItS' Intermed,alles, or Call1ers, I request payment of authollzed benefits be made on
my behalf, If my in.urance callier determines thiS treatment to be unnecessary. I accept full responsibility for payment.
DATE
SIGNED AUTHORIZATION
WITNESS
Michael F. Mitrick, D.O.
Orthopaedic Surgery
Hand Surgery
Mitrick Pollack Orthopaedic Associates
1750 Fil\h Avenue
Suite 201
York, PA 17403
Phone: 717-848-2297
Fax: 717-848-2941
Lawrence S. Pollack, 0,0.
Orthopaedic Surgery
Foot & Ankle Surgery
Law Offices
Griffith, Strickler, Lerman, Solymos & Calkins
Ann Margaret Grab. Esquire
110 S, Northern Way
York, Pennsylvania 17402-3737
RE: Eric Lepore v, Missy McGee
Cumberland County No, 97.481
Social Security No,: 163.68.0783
Dear Attorney Grab:
On November 30th, 1998, I saw Eric Lepore in our office for an Independent Medical
Evaluation per your request, He attended this evaluation by himself with no one
accompanying him, Throughout the entire history and physical examination, one of our
office staff, Michele Gettel was in attendance,
For review, were medical records from Dr. Ronald Lippe, a deposition of Eric Lepore
dated March 19, 1998, Dr. David Zimmerman, and Seidle Memorial Hospital.
This patient relates a history that on January 31 st of 1995, he sustained an injury to his left
foot. At that time. he was working for an arcade as an attendant. He had been working
for this arcade for approximately six months, After hours, he was sitting on the hood of a
vehicle that took off with him on the hood, Apparently, this patient jumped off of the
hood and his left foot was run over by the front tire, At the time, the patient was sitting
on the driver's side of the vehicle, From the deposition that was taken, the patient was
unsure if the tire actually ran over his foot. He was able to get into his vehicle and drive
home, He did place ice on his foot and elevated his foot. Apparently, he then presented
to an UrgiCare Center and the history he offered was that he dropped a cinderblock onto
his left foot. He was placed in a temporary cast and referred to Dr, Lippe, He states he
fabricated the story so that he would not get the driver of the other vehicle in any type of
trouble, On February 1st, 1995, the patient did see Dr. Lippe, The history at that time
revealed that while the patient was at home. he dropped a cinderblock on his left foot,
Apparently, x-rays were obtained, which were unavailable for review, According to Dr,
Lippe, these x-rays revealed a fracture of the base of the first and second metatarsals, The
first metatarsal was somewhat comminuted and the second metatarsal was in satisfactory
position, The patient was placed in a cast. Over a seven to eight week period, his cast
was changed and he was placed into a new cast, secondary to the cast being too tight. He
RE: Eric Lepore
Page 2
Continued:
was taken out of the cast after a seven to eight week period, He has had no other
treatment to date, He is currently still seeing Dr, Lippe on an as needed basis, He last
saw Dr, Lippe approximately seven to eight months ago,
This patient is currently working for Montgomery Ward's, where he has been working for
approximately 1 1/2 weeks, He is in Shipping and Receiving and does work 22 hours per
week, Prior to that he was working at Merchani & Company Antique Pottery as a
warehouseman, He worked there for approximately seven to eight months, picking
orders, Prior to that, he has had multiple jobs, His current activities outside of work
include working on cars and body work, He states he is unable to lift weights at the gym,
secondary to too much pressure on his foot. He is unable to run or ride his bike, He
states he is able to walk for approximately one half hour, stand for a half hour and he is
unable to drive a standard transmission vehicle, He is complaining of pain with walking,
He states he has frequent swelling, At times, there is a popping sensation in his foot. He
denies any prior left foot injuries or any other injury to his left foot, He also denies any
numbness and tingling, It appears that from the medical records that the patient was seen
again by Dr, Lippe on November 2nd, 1995, It was noted that the patient complained of
occasional pain in his left foot, mostly about the medial aspect of the mid foot. He was
placed on Naprosyn 500 mgs, On November 10th, 1995, he was again evaluated,
Apparently, while walking, he felt a pop, I do not have any indication that the patient was
seen by Dr. Lippe after November 10th, 1995, From the medical records reviewed, the
patient was evaluated on October 1 st, 1997 by Dr, Ronald Lippe, Apparently, this patient
sustained an injury while moving a sofa, Apparently, he twisted his left knee and struck
the top of his left foot. It was noted at that time that this patient had swelling in the
dorsum of his left foot. There was no ecchymosis or dramatic swelling,
Anti-inflammatory medications were recommended and he was told to follow up on an as
needed basis, It is interesting to note that Dr, Lippe did mention in his report that Eric
was well until five days ago, when he injured himself at work, This would suggest that the
patient did not have any difficulty in regards to his left foot at that time,
As mentioned, the patient was not seen in Dr, Lippes office for approximately a two year
period,
The patient denies any medical problems, He is not taking any medications at the present
time, He has undergone right ankle surgery in the past. He is right hand dominant,
smokes one half pack cigarettes per day and has allergies to penicillin, as well as
erythromycin,
RE: Eric Lepore
Page 3
Continued:
Physical examination reveals that this patient is a 22-year-old white male, 5'9", 155
pounds. I did limit my examination to both lower extremities, The patient was first
examined in a standing position, He did ambulate with a nonnal gait. He was also able to
heel and toe walk without any difficulty, He was able to squat without any difficulty, I
then placed this patient in the sitting position, Tactile sensation was intact. Dorsalis pedis
and posterior tibial pulses were palpable, Range of motion of the ankle, hind foot, mid
foot, fore foot, knee and hip were nonnal. There was a negative Tinel's over the posterior
tibial nerve, superficial peroneal nerve, or deep peroneal nerve, There were no unusual
markings on the patient's left foot, There was no evidence of ecchymosis or swelling
about the patient's left foot. He did have subjective areas of tenderness to palpation about
the great toe metatarsal. He seemed to have more tenderness about the shaft of the
metatarsal. He had very minimal tenderness to palpation about the tarsal metatarsal joint.
The patient had excellent capillary refill to the left foot. There was no evidence ofany
atrophy of either lower extremity, He had equal strength to both lower extremities, There
was no evidence of reflex sympathetic dystrophy,
The patient did undergo x-rays in our office of his left foot. These x-rays revealed nonnal
bony architecture, There were no gross abnonnalities noted, There are no acute fractures
or dislocations, There is no evidence of post traumatic arthritis of the tarsal metatarsal
joint of the left foot,
ASSESSMENT:
I, Status post fracture base of first and second metatarsals of the left foot dated January
31st, 1995,
2, Status post contusion of the left foot in September 1997,
DISCUSSION: This patient apparently fabricated a history ofa cinderblock being
dropped onto his left foot. He did sustain a fracture of the base of his first and second
metatarsals according to Dr, Lippe's medical records dated February 2nd, 1995, The
patient then changed his history, stating that he jumped otfofthe hood ofa vehicle that
was moving, Certainly, the action of jumping otfofa vehicle could cause a fracture of the
metatarsals, He also states that his foot may have been run over by the front ties, I do
find it hard to believe that if a car was in motion and he was sitting on the driver's side of
the vehicle hood and jumped away from the vehicle, how his fore foot and mid foot could
be run over by the vehicle's tires in that his feet are actually pointing away from the
vehicle, If anything, one would suspect that the posterior aspect or his heel would have
been struck by the car tire,
"
B
1 the company. It's a small --
How do you spell Mitrani?
M-i-t-r-o-n-i, I do believe.
How many employees does the company have? Do
2 Q
3 A
4 Q
5 you know?
6 A
7 Q
B A
9 Q
10 A
11 Q
12 A
13
Five, I think, altogether.
Did you graduate from high school?
No.
Did you attend high school?
Yes.
Where?
I attended Cumberland Valley and also
Mechanicsburg.
14 Q Did you obtain aGED?
15 A No, not yet.
16 Q Are you currently involved in that process?
17 A I was involved with it in the beginning of the
1B fall. And then with work and -- it intertwined with the
19
20
21
22
23
24
25
one test. And I had missed the test. So I have to go
back to it next year and retake the one test.
Q At the time of this accident in January of
1995, were you employed?
A Yes, I was.
Q Where?
A It was the arcade that was there.
9
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2
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6
7
8
9
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Q What was the name of that arcade?
A I don't even remember what the name of it was.
Can I look in this?
Q It's not necessary. If it's in the document,
I'll be able to find it.
A I think it is.
Q When did you start working at the arcade?
A October of '94.
Q So you'd been there about three months --
A Yeah, about three months.
Q -- when the accident occurred?
A Yes.
Q And what did you do there?
A Just sat there and gave change and also just
made sure there was no damages from the kids and kept the
kids under control.
Q
A
Q
A
Hourly?
Yeah.
Paid hourly?
Yes.
Q What was your hourly rate?
A I think it was only four and a quarter an hour.
Q Currently do you work full-time with Mitrani
and Company?
A Part-time.
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
Q Are you currently employed?
A Yes, I am.
Q Where?
A Mitrani and Company.
Q What do they do?
A It's a little pottery place.
Q Where is it?
A Right down -- what's that? I think Slate Road.
Q Give me a town.
A Mechanicsburg. It's right here in
Mechanicsburg.
Q And what do you do for them?
A I just basically sit on a chair and stain old
wood pieces and once in a while box pottery.
15 Q And how long have you been employed there?
16 A Four and a half months.
17 Q And are you salaried or hourly?
18 A Hourly.
19 Q How much do you make an hour?
20 A $7 an hour.
21 Q Is that how much you made when you started four
22 and a half months ago?
23 A No, it was six and a quarter.
24 Q who's your supervisor?
25 A His name is Albert Mitrani. He's the owner of
ERIC LEPORE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-481 CIVIL TERM
MISSY MCGEE,
Defendant
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION
FOR PARTIAL SUMMARY JUDGMENT
plaintiff Eric Lepore, by his attorneys, Snelbaker, Brenneman
& Spare, P. C., submits this Response to Defendant's Motion For
partial summary Judgment as follows:
1. Admitted.
2. Admitted in part; denied in part. The injuries described
and the method by which said injuries are claimed to have been
caused by Defendant are admitted.
It is denied that Plaintiff
alleged that on January 3, 1995 he received the injuries described
by a vehicle running over his foot.
3. Admitted, with the qualification that Paragraph 3 of
Defendant's Motion for Partial Summary Judgment is a general
statement only of the limitations he is under and the impairment of
his physical ability and lifestyle.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admi tted.
LAW OFf"lCr::'j
SNELDAKER,
BRENNEMAN
a SPARE
8. Admitted.
The matter was argued on October 13, 1999. For thc reasons stated in this
opinion, defendant's motion for partial summary judgment will be denied.
STATEMENT OF FACTS
For present purposes,3 the record in this case consists of plaintiffs
complaint, defendant's answer with new matter, plaintiff's reply, defendant's
motion for partial summary judgment, plaintiff's answer to the motion, a
deposition of plaintiff, and plaintiff's answers to defendant's interrogatories. On
a motion for summary judgment, the court will "view the record in the light most
favorable to the non-moving party, and all doubts as to the existence of a genuine
issue of material fact must be resolved against the moving party.',4 "[AlII.
inferences must be resolved in favor of ... the non-moving party... .',5
Viewed in this light, the facts may be summarized as follows. On the
evening of January 31, 1995, a car being operated by defendant in a certain
parking lot in Mechanicsburg, Pennsylvania, ran over the left foot of the plaintiff.6
3 See Pa. R.C.P. 1035.1.
4 Washington v. Baxter, 553 Pa. 434, 441, 719 A.2d 733, 737 (1998).
5
Id. at 448, 719 A.2d at 740.
6 N.T. 11-37, Deposition of plaintiff, March 19, 1998 (hereinafter N.T.-->.
2
The detennination of whether an injury qualifies as a "serious impairment
,
f
.
of body function" involves a consideration of what body function, if any, was
,~
impaired because of injuries sustained in a motor vehicle accident and whether the
impainnent of the body function was serious. See Washington v. Baxter, 553 Pa.
434,447, 719 A.2d 733, 740 (1998).
The focus of these inquiries is not on the injuries themselves,
but on how the injuries affected a particular body function....
In detennining whether the impainnent was serious, several
factors should be considered: the extent of the impainnent,
the length of time the impainnent lasted, the treatment
required to correct the impairment, and any other relevant
factors. An impairment need not be pennanent to be
serious.21
The Pennsylvania Supreme Court has held "that the legislative history [of
the provision in question] does not support the view that the threshold
detennination of whether a serious injury has been sustained is to be made by the
trial judge.... [T]he legislature ... [has implicitly] indicated that the traditional
summary judgment standard was to be followed and that the threshold
detennination was not to be made routinely by a trial court judge ..., but rather
was to be left to a jury unless reasonable minds could not differ on the issue of
whether a serious injury had been sustained." Washington v, Baxter, 553 Pa. 434,
446-447,719 A.2d 733, 740 (1998).
21 Washington v, Baxter, 553 Pa. 434, 447-448, 719 A.2d 733,740 (1998).
6
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted In duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
(Check one)
Please list the lollowlng case:
( X) lor JURY trial at the next term of civil court.
) lor trial without a jury,
.......u..........................--...................................................................---..........................................................................................
CAPTION OF CASE
(entire caption must be stated In lull)
(check one)
Assumpsit
Trespass
(XX) Trespass (Motor Vehicle)
ERIC LEPORE
( )
(other)
(Plalntlll)
vs.
The trial list will be called on ? /' s / 00
and
Trials commence on
3/13/00
MISSY MCGEE
Pretrials will be held on 2/23/00
(Brlels are due 5 days belore pretrials.)
(The party listing this case for trial shall provide
lorthwlth a copy of the praecipe to all counsel,
pursuant to local Rule 214.1.)
(Delendant)
vs.
No. 97-481 Civil
19_
Indicate the attorney who will try case lor the party who Illes this praecipe:
ANN MARGARET GRAB, ESQUIRE FOR DEFENDANT
Indicate trial counsellor other parties II known:
PLAINTIFF'S ATTORNEY IS KEITH O. BRENNEMAN
This case Is ready lor trial.
Signed:
ANN MARGARET GRAB, ESQUIRE
Print Name:
Date:
JANUARY 21, 2000
Attorney lor:
MISSY MCGEE
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
'-Ifft
NO, 97.:HH-CIVIL TERM
ERIC LEPORE,
Plaintiff
v,
MISSY MCGEE,
Defendant
CIVIL ACTION - LAW
: JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned action settled, discontinued and ended with prejudice
upon your docket and indices,
SNELBAKER, BRENNEMAN & SPARE, P. C,
l~./n~
BY:
Keith 0, Brenneman, Esquire
44 W, Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff Eric Lepore
Date: March 20, 2000
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