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DOUGLAS, DOUGLAS & DOUGLAS
27 W. II/GII ST.
PO D 261
CARUSLR PA 170t3
TRLEPIIONR 717.243.1790
x
WILLIAM 1'. DOUGLAS,ESQ.
Supreme Court 1.0.# 37926
GEORGE F, DOUGLAS, III,ESQ.
Supreme Court 1.0.# 61HH6
............................,.....................................................,...........................................,................................................................................................
VIRGINIA R, SUTER, Individually,
and VIRGINIA R. SUTER, as
Administratrix of the ESTATE OF
PAUL EDWARD SUTER, Deceased,
PLAINTIFF
IN THE CoURT OF CoMMON PLEAS OF
CUMBERLAND CoUNlY PENNSYLVANIA
1997. JS.2~ CIVIL TERM
VS
THE HILTON S. HERSHEY NEDICAL
CENTER and
LUANNE E. THORNDYKE, N.D.,
CIVIL ACTION LAw
DEFENDANT
............................................................................."................................ ...............................................................................................................
To: Lawrence E. Welker, Prothonotary
PRAECIPE
Please issue a writ of summons in a civil action against
The Nilton S. Hershey Nedical Center and Luanne E. Thorndyke, M,D.,
of Derry Township, Hershey, Dauphin County, Pennsylvania.
DOU.9LAS, DOUGLAS & DOU LAS
Date: Narch 24, 1997
~
by
Attorney for the Plaintiff
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Office of the Sheriff
Mary Jano Snyder
n.., Eo'.'. Dopuly
William T. Tully
Solicitor
nalph G. ~cAlIlslor
CtH'lllupul~
\o1lchaol W. Rinehart
;\U.U'Jlll:nt Chlof Dl.lpuly
Dnupllin County
Hurritibur{J, ~'I'nn(.~lv[lnla 17101
(717) ?f,6'20aO
J, R. Lotw1ck
Sheriff
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
.,
SHERIFF'S RETURN
No. 0569-T - - -97
OTHER COUNTY NO. 97-1523
AND NOW, March 28, 1997
WRIT OF SmlMONS
THORNDYKE LUANNE E., M,D.
ELLE KUNTZ - ADMIN, ASSIST,
the original WRIT OF SUMMONS
at 1,40PM served the within
upon
by personally handing to
1 true attested copy(ies) of
and making known to
him/her the contents thereof at HERSHEY MEDICAL CENTER
DERRY TWP.
HERSHEY, PA 17033-0000
Sworn and subscribed to
b~;O~ me this 28TH da1o~ (oIARCH, 1997
0'tJlWnJ C-. l-l-)OAUuu
PROTHONOTARY
sC)~
~eri of Dauphin County,
Pa.
A.
"
BY
DB/RH
In The Court of COlllmon Pleus of Cumbcrlund County, Pcnnsylvuniu
Virgillia R, Suter, individ. & as Administratrix of Estate of Paul Edward
Suter, dee.
VS,
Luanne E. Thorndyke, M.D.
No, 97-~23 Civil Term
19_
Now, Mar. 26
Dauphin
192L.1 SHERIFF OF CUl\1BERLAND COUNTY, PA do hereb}' depulize the Sheriff or
County 10 uecule this Wrlt,lhls deputallon being made al the request and risk orthe Plaintiff.
:r'/?~f:: -:~~~~
Sberlff or Cumberland Coun!)', Pa.
Affidavit of Service
Now,
within
upoo
at
by banding 10
attested copy orthe original
the contents lhereor.
19
, at
o'clock
1\1, served lhe
a true and
and made known 10
So answers,
Sheriff or
County, Pa.
COSTS
Sworn and subscribed before
me this day or
19_
SERVICE
MILEAGE
AfFIDA VIT
s
s
.'
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION. LAW
VIRGINIA R. SUTER. Individually,
and VIRGINIA R. SUTER, as
Administratrix of the Estate of
PAUL EDWARD SUTER, deceased,
Plaintiff
) No, 97.1523 Civil Term
)
)
)
)
)
)
)
)
)
)
)
) JURY TRIAL DEMANDED
vs,
THE MILTON S, HERSHEY MEDICAL CENTER
and LUANNE E, THORNDYKE, M,D"
Defendants
PRAECIPE FOR ENTRY OF APPEARANCF,
TO: STEPHEN E. FARINA, PROTHONOTARY
PLEASE ENTER our appearance on behalf of Defendants, The Milton S. Hershey
Medical Center and Luanne E. Thorndyke, M,D., in the above-captioned malter,
We are authorized to accept service on their behalf.
McQUAIDE, BLASKO, SCHWARTZ,
FLEMING & FAULKN , INC.
By:
,
Dated: April 8, 1997
Grant . Fleming
I.D. #16212
811 University Drive
Slate College, PA 1 01
(814) 238-4926
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McqUAIDE, BLASKO, SCHWARTZ, FLEMING 8< FAULKNER, tNC,
ATTORNEYS AT ,LAW, .
011 UNIVERSITY DRIVE
STATE COLLEGE, PENNSYLVANIA 16001 ..----""
... ...~ ~v,m I VI' \-UJVIMUN I'LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VIRGINIA R, SUTER, Individually,
and VIRGINIA R, SUTER, as
Administratrix of the Estate of
PAUL EDWARD SUTF~, deceased,
Plaintiff
) No. 97-1523 Civil Term
)
)
)
)
)
)
)
)
)
)
)
) JURY TRIAL DEMANDED
vs.
THE MILTON S. HERSHEY MEDICAL CENTER
and LUANNE E. THORNDYKE, M.D"
Defendants
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF CENTRE )
Grant H, Fleming, Esquire, attorney for Defendants, The Milton S. Hershey Medieal
Cenler and Luanne E. Thorndyke, M.D" in thc above-captioned matter, aller having been duly
sworn according to law, deposes and says that a true and correct copy of our Entry of Appearance
was mailcd by regular mail at the post office State College, Pennsylvania, postage prcpaid, this
8th day of April 1997 to thc following:
WiIliUlll p, Douglas, Esquirc
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
McQUAIDE, BLASKO, SCHWARTZ,
FLEMING & FAULK R, INC.
By:
, Notarial Seal
M Stal:~~I~~ ~~:'okl~, ~otacr. Public
Y Commission E,pi;e. ~;~h ~u~ty
',"ber p , 000
, ennsVlvllmJ Assoc,aflOn 01 I
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LA W
VIRGINIA R. SUTER,lndividually, ) No, 97.1523 Civil Term
nod VIRGINIA R. SUTER, as )
Administratrix ofthc Estatc of ) PRAECIPE AND RULE TO FILE
PAUL EDWARD SUTER, deceased, )
)
Plaintift's ) -1L A COMPLAINT
)
vs, ) A BILL OF PARTICULARS
)
THE MILTON S, HERSHEY MEDICAL CENTER)
and LUANNE E. THORNDYKE, M,D" )
)
Defendants ) JURY TRIAL DEMANDED
TO THE PROTHONOTARY/CLERK OF SAID COURT:
Issue rulc on Plaintiff to file a Complaint in the above case within twenty days after
service of the rule or suffer a judgement of non pros.
DATE: 515/97
Signature:
Print Name:
Attorney for:
Address:
Grant H. Fleming, E q.
Defendants
811 University Drive
State College, PA 16801
(814) 2384926
Telephone No:
Supreme Court
IDNo:
16212
NOW, 711' L,I 7
u
, 19JL, RULE ISSUED AS ABOVE.
,i:'lll/tl' It. L C Jrp CA.fYL.
Prothonotary
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By:
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IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTiON - LA W
VIRGINIA R. SUTER, Individually,
and VIRGINIA R. SUTER, as
Administratrix oflhe Estale of
PAUL EDWARD SUTER, deceased,
) No. 97.1523 Civil Term
)
)
)
)
)
)
)
)
)
)
)
) JURY TRIAL DEMANDED
Plaintiff
vs,
THE MIL TON S. HERSHEY MEDICAL CENTER
and LUANNE E, THORNDYKE, M.D"
Defendanls
AFFI/)A VIT OF SERVlC8
COMMONWEAL TH OF PENNSYL VANIA )
) ss:
COUNTY OF CENTRE )
Grant H, Fleming, Esquire, allomey for Defendants, The Millon S, Hershey Medical
Cenler and Luanne E. Thorndyke, M,D" in the above-captioned maller, after having been duly
SWorn according to law, deposes and says lhat alrue and correct copy of our Praecipe for Rule to
File Complainl was mailed by regular mail allhe post office Slate College, Pennsylvania,
postage prepaid, this 5th day of May 1997 to the fOllowing:
William P. Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
S\'Iorn to and Subscribed
before e this 5th day
a I
McQUAIDE, BLASKO, SCHWARTZ,
FLEMING & FAULK R, INC.
By:
(.....
Grant H, Fleming
,
5 . NOla~al S.al
1fa~~~/~~ ~;r6kl~. ~oraa; Public
My CommiSSion !;xpi;.s t;;~h ~~~~oo
I cnl~.r. PunnSYlvan", 'SOClatlon 0 nt."
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
VIRGINIA R. SUTER, Individually,
and VIRGINIA R, SUTER, as
Administratrix of the Estate of
PAUL EDWARD SUTER, deceased,
Plaintiff
) No. 97-1523 Civil Term
)
)
)
)
)
)
)
)
)
) JURY TRIAL DEMANDED
vs.
THE MILTON S. HERSHEY MEDICAL CENTER
and LUANNE E. THORNDYKE, M.D.,
Defendants
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF CENTRE )
Grant H. Fleming, Esquire, attorney for Defendants, The Milton S. Hershey Medical
Center and Luanne E, Thorndyke. M.D., in the above-captioned matter, after having been duly
sworn according to law, deposes and says that a true and correct copy of the executed Rule to
File Complaint was mailed by regular mail at the post office State College, Pennsylvania,
postage prepaid, this 13th day of May 1997 to the following:
William P. Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, PA 17013
Sworn to and Subscribed
before me this 13th day
of May 1997.
J~hu\.. ~ ' C\~1:L1\
Notary Public
McQUAIDE, BLASKO, SCHWARTZ,
FLEMING & FAULKNER, INC.
By: Qfb~(4~
NOlarial Saal
Debra L. Carter, Nolary Public
Slalo College Boro, Conlre County
My Commission Expires Feb. 10, 2001
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WUliam p, DouSI.., IJsq,
Supreme Cl, ID. 37926
Douslal, DouSl.. &; (Joos'al
27 W, lfiSh SI,
1',0,0, 261
Carli,le, PA 170\3,026\
Telephone 717.243.1790
. IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .
COMPLAINT
'..'.Vlrglnla..iC.s'uter;..ln<i'fvi'duaHy..and..'.. ............,.......",.....,............,..,...".................."..,............,.,..................'...
Virginia R, Suter as Administratrix
of the Estate of
Pa:Jl Edward Suter, deceased
PLAINTIFFS
NO, 97.1523 Civil Term
VS
The Milton S, Hershey Medical
Center; and Louanne E. Thorndyke,
M,D,
CIVIL ACTION - LAW
DEFENDANTS JURY TRIAL DEMANDED
....................................-........................................................,............... ,..............................................................................................................
NOTICE
YOU IIAVE BEEN SUED IN COURT. IF YOU WISII TO DEFEND AGAINST 11m CJ.AIMS SET
FORllI IN TIlE FOLLOWING I'AGES, YOU MUST TAKE ACllON wmllN 1WEN"lY DAYS
AFTER TIllS COMPLAINT AND NO'llCE ARE SERVED, llY ENTERING A WRITIEN
APPEARANCE PERSONALLY OR II Y A TIORNEY A."lD FILING IN WRI"IlNG WIlli TIlE COURT
YOUR DEFENSES OR ODJECllONS TO llIE CLAIMS SET FORTII AGAINST YOU, YOU ARE
WARNED llIAT IF YOU FAIL TO DO SO, TilE CASE MAY PROCEED wrl1lour YOU AND A
JUDGMENT MAY DE ENmRED AGAINST YOU BY TIlE COURT WfIllOUI" FURTIIER NallCE
FOR ANY MONEY CLAIMED IN TilE COMPLAINT OR FOR ANY OlllER CLAIM OR RELIEF
REQUESmD BY TIlE PLAIN'llH', YOU MAY LOSE MONEY OR PROPERTY OR OlllER
RIGHTS IMPORTANT TO YOU,
YOU SHOULU TAKE THIS I'AI'ER TO YOUR I.AWYER AT ONCE, n' YOU UO
NOT IIAVI, A I.AWYER OR CANNOT A....ORU ONE, GO TO OR n:I.EI'1I0N": TIlE
O...'ICE SET ...ORTII DEI.OW TO "'INU OUT WIIERI, YOU CAN (;ET I.EGAI. liEU',
CUMBERLAND COUNTY NOTICE
DATE: June 1, 1997
BY~Il,~___
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4, At all times relevant hereto, the defendant, Louanne E, Thorndyke, is
an adult individual and a physician engaged in the practice of medicine, with
a place of business at Hershey Medical Center, Hershey, Derry Township,
Dauphin County, Pennsylvania.
5, At all times relevant hereto, the defendants, were the agents, servants,
and employees of the defendant hospital, and were acting within the scope of
employment as such agents, servants, and employees, and with the
permission and consent of the defendant hospital. Hereinafter, all defendants
individually and/or collectively will be referred to as defendant,
6. At all times relevant hereto, the defendants, Louanne E, Thorndyke,
M,D., and all employees of the defendant hospital were acting as agents,
servants, and employees of the defendant hospital, and were acting within
the scope of employment as such agents, servants, and employees, and with
the permission and consent of the defendant hospital. In the aforesaid
capacity the defendants were responsible for the care and treatment Paul
Edward Suter.
7, At all times relevant hereto Virginia R. Suter and Paul Edward Suter
were husband and wife,
8. At the time of the decedents death he and his wife had three adult
emancipated children. There are no dependent minor children.
9. On or about March 27, 1995, the decedent, Paul Edward Suter, was seen
in the emergency room of the defendant's hospital with complaints of
extreme difficulty in swallowing. The decedent was sent home and told to
return if his condition worsened,
10. On March 28,1995, the decedent was again seen in the emergency room
with complaints of extreme difficulty in swallowing.
11. The decedent was sent for an upper GI examination and was forced to
intake fluid which he aspirated.
12. The decedent was not given a swallow evaluation prior to his upper GI
examination,
13. The defendants were negligent in not ascertaining if the decedent was
able to swallow prior to being forced to intake fluid prior to his examination.
14. On March 31, 1995, Paul Edward Suter, died as a direct and proximate
result of the negligence of the defendants.
,
Countl .Plaintiff v Louanne E. Thorndyke
Wrongful Death pursuant to 42 Pa.C.S,A, S 8301
15. The allegations in paragraphs 1 through 14 are incorporated herein and
reference is made thereto as if fully set forth at length,
16, The defendant may have been negligent in the following respects;
a. In having performed an upper GI examination without
first performing a swallow evaluation on the patient,
b. In having deviated from the standard of care with respect
to 'the aforesaid,
17, As a direct and proximate result of the defendants' negligence, the
surviving spouse of the decedent was dependent on him, at the lime of his
death, for her support and livelihood, As a result of his death she has been
deprived of such support and livelihood and has suffered damage thereby.
18, By reason of the death of Paul Edward Suter, Virginia R. Suter, his
surviving spouse, has been depriv.:i of her husband's society, services and
comfort.
19, As a direct and proximate result of the decedent's untimely death, his
estate incurred burial expenses as a result of defendant's negligent acts and/ or
omissions.
WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff
and against the defendants in an amount in excess of an amount requiring
compulsory referal to arbitration plus costs of suit.
Count 2 .Plaintiff v Penn State College of Medicine University Hospital, The
Millon S, Hershey Medical Center
Wrongful Death pursuant to 42 Pa.C.S.A, ~ 8301
20. The allegations in paragraphs 1 through 20 are Incorporated herein and
reference is made thereto as if fully set forth at length,
21. The defendant, by and through their agents, may have been negligent
in the following respects;
,
a. In performing an upper GI examination without first
performing a swallow evaluation on the patient,
b. In having deviated from the standard of care with respect
to the aforesaid,
c. In forcing the decedent to drink solution with respect to
the aforesaid test after having been informed by the patient he
was unable to swallow the solution.
22. As a direct and proximate result of the defendants' negligence, the
surviving spouse of the decedent was dependent on him, at the time of his
death, for her support and livelihood, As a rewlt of his death she has been
deprived of such support and livelihood and has s:lffered damage thereby.
23, By reason of the death of Paul Edward Suter, Virginia R. Suter, his
surviving spouse, has been deprived of her husband's society, services and
comfort,
24. As a direct and proximate result of the decedent's untimely death, his
estate incurred burial expenses as a result of defendant's negligent acts andlor
omissions.
WHEREFORE, it is prayed that judgment be entered in favor of the plaintiff
and against tile defendants in an amount in excess of an amount requiring
compulsory referal to arbitration plus costs of suit.
Count3 . Plaintiffs v Louanne E, Thorndyke
Survival Action pursuant to Pa.C.S,A, ~ 8301
25. The allegations In paragraphs 1 through 25 are Incorporated herein and
reference is made thereto as If fully set forth at length,
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26. The decedent, Paul Edward Suter, was receiving income at the time of
his injury and death, and, as a result, has lost income which he would have
received but for his untimely death,
WHEREFORE, it is prayed tllllt judgmellt be elltered ill fllvor of tile plllilltiff
IIl1d IIgllillst the defelldllllts ill 11/1 ImIDllllt ill excess of 1111 IllI/OUllt requirillg
cOlI/pulsory referal to IIrbitmtioll plus costs of suit,
Count4 . Plaintiffs v Penn State College of Medicine University Hospital,
The Milton S, Hershey Medical Center
Survival Action pursuant to Pa.C.S.A, ~ 8301
27. The allegations in paragraphs 1 through 26 are incorporated herein and
reference is made thereto as if fully set forth at length.
28, The decedent, Paul Edward Suter, was receiving income at the time of
his injury and death, and, as a result, has lost income which he would have
received but for his untimely death.
WHEREFORE, it is prayed tllllt judgmellt be elltered in fllvor of the plllilltiff
IIl1d IIgllillst the defelldllllts ill 1111 IImoullt ill excess of 1111 IImoullt requirillg
compulsory referal to IIrbitratioll plus costs of suit.
Count 5 . Plaintiffs v Penn State College of Medicine University Hospital,
The Milton S, Hershey Medical Center
Res ipsa loquitor
29. The allegations in paragraphs 1 through 28 are incorporated herein and
reference is made thereto as if fully set forth at length.
30, During the upper GI examination procedure performed on Paul
Edward Suter on or about March 30, 1995, defendant Hospital by and through
their agents, were in exclusive control of said procedure, of the
instrumentalities used during the procedure, and of the procedures employed
during the aforesaid examination, The nurses/technicians assisting
defendants were also under defendants' exclusive supervision and control.
31. Before, during and after the aforesaid procedure, custody and control of
the deceased was in the The Milton S. Hershey Medical Center/Penn State
College of Medicine/University Hospital.
WHEREFORE, it is prayed tllllt judgmellt be elltered in fllvor of tile plaintiff
and agaillst tI,e defelldallts ill all amount in excess of an amount requiring
compulsory referal to arbitmtioll plus costs of suit.
"
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William P. Douglas,
Attorney for plaintif
June 1, 1997
.,
William I', Duugla., E.q.
Supreme CI, ID H 37926
Duugla., Dougla. cl< Douglas
27 W, High 51,
p,o,n, 261
Carlisle, PA 17013-0261
Telephone 717.243-1790
. IN mE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .
..,..vlr'giiiIa..ir:..s'uler;..ind'ivi'duaHy"ii'ii',r.. ...."....,......,......,...........,...................,....,..,..".......,....,.......,...,...,...,......,..
Virginia R, Suter as Administratrix
of the Estate of
Paul Edward Suter, deceased
PLAINTIFFS
NO. 97-1523 Civil Term
VS
The Millon S, Hershey Medical
Center; and Louanne E, Thorndyke,
M.D.
CIVIL ACfION - LAW
DEFENDANTS JURY TRIAL DEMANDED
......................................................................"...,.....,......................."..................,....,.,.,...................,...................................................................
Affidavit
I hereby swear or affirm that the foregoing is true and correct to the best of my
knowledge and/or information and belief.
This is made subject to the penalties of 18 Pa.C.S.~4904 relating to unsworn
falsificati.on to authorities.
June 1, 1997
William P. Douglas on behalf 0
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
VIRGINIA R. SUTER, Individually,
and VIRGINIA R. SUTER, as
Administratrix of the Estate of
PAUL EDWARD SUTER, deceased,
Plainti IT
) No, 97-1523 Civil Term
)
)
)
)
)
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) JURY TRIAL DEMANDED
vs,
THE MILTON S. HERSHEY MEDICAL CENTER
and LUANNE E. THORNDYKE, M,D.,
Defendants
DEFENDANTS. THE MILTON S. HERSHEY MEDICAL CENTER AND
LUANNE E. THORNDYKE. M.D.'S PRELIMINARY OBJECTIONS
TO Pl.AINTIFF'S COMPLAINT
AND NOW, come Defendants, the Milton S, Hershey Medical Center and Luanne E.
Thorndyke, M,D" by and through their attorneys, McQuaide, Blasko, Schwartz, Fleming &
Faulkner, Inc" to make the within Preliminary Objections to Plaintill's Complaint:
I. This medical malpractice action was initiated by the filing of Plaintiff's Writ of
Summons on March 25,1997 in the Court of Common Pleas of Cumberland County.
2. Defendants secured a Praecipe for Rule to File a Complaint on May 7,1997, and
served an executed Rule to File a Complaint on PlaintilT on May 13, 1997.
3, PlaintilTfiled her Complaint in the Court of Common Pleas of Cumberland
County on June 2,1997,
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PlaintilT in the instant action is Virginia R. Suter, individually and as
Administratrix of the Estate of Paul Edward Suter, deceased.
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5. Defendants are the Milton S, Hershey Medical Center and Luanne E, Thorndyke,
M,D,
6 The in5tant action sounds in professional medical negligence.
7 According to PlaintilT's Complaint, PlaintilT's decedent, Paul Edward Suter, was
seen in the Emergency Room of Hershey Medical Center on March 27, with complaints of
extreme difficulty in swallowing, and was subsequently released and advised to return ifhis
condition worsened. (PlaintilT's Complaint at paragraph 9,)
8. Plaintiff avers that Mr. Suter was again seen in the Hershey Medical Center
Emergency Room on March 28, 1995, with complaints of extreme difficulty in swallowing,
(PlaintilT's Complaint at paragraph 10,)
9. Plaintiff further avers that "decedent was sent for an upper GI examination and
was forced to intake fluid which he aspirated", and that "decedent was not given a swallow
evaluation prior to his upper GI examination." (PlaintilT's Complaint at paiagraphs 11-12.)
10. Plaintiff asserts that Defendants "were negligent in not ascertaining if the
decedent was able to swallow prior to being forced to intake fluid prior to his examination."
(PlaintilT's Complaint at paragraph 13,)
I I. Plaintiff alleges that Mr. Suter died as a direct and proximate result of the
Defendants' alleged negligence. (PlaintilT's Complaint at paragraph 11.)
12. Plaintiff seeks to recover under the wrongful death statute (Counts I end II) and
survival statute (Counts III and IV).
13, Defendants file the instant Preliminary Objections to PlaintilT's Complaint upon
the following grounds: (I) venue in Cumberland County is improper; (2) Plaintiff has failed to
2
19, Pennsylvania Rule of Civil Proccdure 2179, which governs the issue of venue
with regard to corporations or similar entities and, thus, applies to the Milton S. Hershey Medical
Center, provides:
"Except as othcrwise provided by an act of Assembly or by subdivision (b) of this
rule, a personal action against a corporation or similar entity may be brought in
and only in
(1) the county where its registered office or prlnelpal place or
business is located;
(2) a county where it regularly conducts business;
(3) the county where the cause of action arose; or
(4) a county where a transaction or occurrence took place out of which
the cause of action arose,"
Pa.R.C.P. 2179(a) (emphasis supplied).
20. Nowhere within Plaintiff's Complaint does PlaintifTaver that any of the named
Defendants reside, work, or otherwise may be properly served in Cum~rland County; that the
cause of action arose in Cumberland County; or that any of the transactions or occurrences out of
which the cause of action arose took place in Cumberland County,
21, To the contrary, according to Plaintiff's Complaint, each of the named Defendants
maintain a principal place of business in "Derry Township, Hershey, Dauphin County,
Pennsylvania." (Plaintiff's Complaint at paragraphs 3-4 (emphasis supplied).)
22. Defendant Dr. Thorndyke currently resides in Hummelstown, Dauphin County,
Pennsylvania.
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Furthermore. Plaintiff avers that all of the medical treatment and allegedly
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negligent conduct occurred at the Hershey Medical Center, which is located in Derry Township,
Hershey, Dauphin County, Pennsylvania, (Plaintiff's Complaint at, e,g., paragraphs 3, 9-14.)
24. Therefore, Plaintiff's cause of action and all ofthe transactions out of which the
cause of action arose took place in Dauphin County. Pennsylvania,
25. Moreover, Plaintiff effected service upon Defendants at the Milton S. Hershey
Medical Center in Dauphin County, Pennsylvania,
26. Additionally, Plaintiff does not aver that thc Milton S. Hershey Medical Center of
The Pennsylvania State University maintains a registercd office, principal place of business, or
regularly conducts business within Cumberland County. Rather, the Milton S. Hershey Medical
Center of the Pennsylvania State University has a registered office, principal place of business,
and regularly conducts business within Hershey, Dauphin County, Pennsylvania,
27. In order for venue to be proper based upon thc "regularly conducts business"
prong of Pa,R.C,P. 2179(b), thc business contacts within the county must be of sufficient quality
and quantity.
28. Neither the Milton S. Hershey Medical Center nor The Pennsylvania State
University, which owns and opcrates the Mitton S, Hershey Medical Center, regularly or
continuously conduct business in Cumberland County, and Plaintiff does not so allege.
29. The Pennsylvania State University and its Milton S. Hershey Medical Center do
not own or operate a facility within Cumberland County, Pennsylvania for the purpose of
rendering medical services,
5
30.
Finally, Plaintiff even avers that the "plaintiff, Virginia R. Suter, is an adult
individual currently residing at 440 N. 46th Street, Harrisburg, DauphIn County,
Pennsylvania," (Plaintiff's Complaint at paragraph 2 (emphasis supplied),)
3 I. Accordingly, Plaintiff fails to plead and cannot establish proper venue in
Cumberland County, Pennsylvania,
32, To the contrary, Plaintiff's Complaint demonstrates that Dauphin County is n
more appropriate venue for the instant action,
WHEREFORE, Defendants, the Milton S. Hershey Medical Center and Luanne E.
Thorndyke, M,D" respectfully request that this Honorable Court sustain Defendants' Preliminary
Objection to venue and issue an Order transferring this matter to the Court of Common Pleas of
Dauphin County, Pennsylvania, Defendants further request that this Court Order Plaintiff to pay
all costs and fees associated with the transfer of this action to Dauphin County.
II. Defendants' Demurrer 1 Motion To Strike Count V ofPlalntlfl's Complaint
(){es Ipsa Looultur) for Failure To State a Coenlzable Claim
33. Paragraphs I through 32 are incorporated herein by reference and made a part
hereof.
34. Within Count V of Plaintiff's Complaint. Plaintiff asserts a claim for In iJlm
loquitur.
35, However, Plaintiff has failed to state a cognizable claim under the evidentiary
doctrine of In iJlm loquitur.
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36. First, Plaintiff has failed to state a claim upon which relief may be granted under
the doctrine of~ ~ loquitur because the facts pled within Plaintilrs Complaint lire not the
type of fucts which may establish negligencc on thc part of Defcndllllts absent expert tcstimony
identifying a duty owcd to the dccedcnt,a breach of that duty,lIIld that the breach of duty was thc
proximatc cause ofthc decedent's injuries,
37, It is well established Pcnnsylvanialaw that, absent exceptional circumstllllccs, a
physician is ncithcr u guarantor of a cure nor a wurrantor of a favorablc result to the patient.
38, No presumption or infcrence of ncgligence uriscs merely because the medical cure
rendercd terminated in some unfavorable result.
39. In the instant action, Plaintiff alleges only that the Defcndants were negligent in
failing to ascertain if the decedent was able to swallow before intuking fluid prior to the upper GI
examination.
40. Without morc, Plaintilrs allcgations do not implicate the doctrine of ~ ~
loquitur insofllr as the facts of this case lire beyond the common understanding ofllll average
layperson.
41. The second manncr in which Plaintiff has improperly and impermissibly pled her
ra iDm loquitur claim at Count V is that the doctrine of ra ~ IOQl1itur is neither a cause of
action nor a ground for recovery; rather, it is a rule of evidence.
42, Pennsylvania is a fact-pleading jurisdiction where, pursuant to Pa,R,C.P, 1019(a).
a plaintiff is rcquired to plead those material facts on which a cause of action Is based in a
concisc and summary form.
43. In formulating a pleading, a plaintiff is directed not to plead evidence,
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44. Plaintiff's ullegations within Count V go well beyond appropriatc fact-pleading
and constitute avermcnts which are cvidentiary in nature and, thereforc, improper nnd
impermissible ut this early stagc of thc pleadings,
45. In order for thc doctrine of D:ll iJl1llloQuitur to upply to a particular casc, cxpert
tcstimony must be adduced to establish, ~ 1Iii.li, that thc injury could not have occurred in thc
absence of negligcnce,
46. Bccausc Plaintiff's averments of D:ll iJl1llloauitur invoke the necessity of expert
testimony, the pleading of such evidence unfairly requires the Defendants to respond to what are
essentially the opinions and conclusions of experts.
47.
Defendants would then be required, within the twenty days within which an
.
Answer must be filed, to locate, hire, educate as to the facts of the case, and pay for nn expert to
.
answer said allcgations. Defendants havc not yet identified who will serve as expert witness(es)
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on behalf of Defendants at the trial of this maltcr.
48. At this stage of the litigation, to require Defendants to respond to the allegations
at Count V would be burdensome and expensive, and would thus unfairly prejudice Defendants.
WHEREFORE, Defendants, the Milton S. Hershey Medical Center nnd Luanne E.
Thorndyke, M,D., respectfully request that this Honomble Court sustain Defendants' Preliminary
Objection and strike Count V from Plaintitrs Complaint.
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b, In having deviated from the standard of care with respect to the
uforesaid,"
(underlining supplied).
52. The above-quoted, objected-to paragraphs and subparagraphs contain boilerplate,
general, vague allegations of negligence which are improper, imprecise, and devoid of the
requisite factual support.
53. Specifically, Plaintiff generally alleges "negligence of the Defendants" (paragraph
14] and that Defendants "deviated from the standard of care with respect to the aforesaid"
[paragraphs 16(b) and 21(b)], without specifying how Defendants were negligent.
54. To the extent Plaintiff intends her allegations of negligence to encompass conduct
beyond that pled at paragraphs 13, 16(a), and 21(a) and (c), the objected-to allegations are
deficient, in violation ofPa.R,C,P. 1019(a), and prejudicial to Defendants.
55, In addition, Plaintiff avers an agency relationship between Defendants and certain
unidentified individuals within paragraphs 5, 6 and 30 ofPlaintitl's Complaint.
56. Defendants object to the following paragraphs, which contain boilerplate, general,
vague allegations of agency which are improper, imprecise, and devoid of factual support:
"5. At all times relevant hereto, the defendants. were the allents, servants. and
employees of the defendant hospital. and were actinl.l within the scope of
employmcnt as such allents. servants. and employees, and with the
permission and consent of the defendant hospital. Hereinafter, all
defcndants individually and/or collectivcly will be referred to as
defendant,
6.
At all times relevant hereto, the defendants, Louanne E. Thorndyke, M,D.,
and all cmplovees of the defendant hospital were acting as agents,
servants, and employees of the defcndant hospital, and were acting within
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the scope of cmployment as such agents, scrvants, and cmployecs, and
with thc permission and consent of the defendant hospital. In thc uforcsaid
capacity thc dcfendants wcrc responsible for the core und trcatment of Paul
Edward Sutcr,
30, During thc uppcr GI examination procedure performed on Paul Edward
Sutcr on or about March 3D, 1995, defcndant Hospital by and through thcir
~,were in exclusive control of said procedurc, ofthc instrumentalitics
used during thc procedure, and of the proccdures employed during the
aforesaid examination. The nurses/technicinns nssisting defcndants were
also undcr dcfcndants' exclusive supervision and control."
(underlining supplied).
57. Thc abovc-quotcd, objccted-to paragraphs and subparagraphs contain boilcrplatc,
general, vogue allcgations ofagcncy which ore improper, imprecise, and devoid of the requisitc
factual support.
58. In particular, PlaintilThus foiled to identify thc particular "agcnts, servants, and
employees" or "nurses/tcchnicians" to whom PlaintilT refcrs,
59, Defendants are thus unable to ascertain whose conduct is at issuc, and what acts
and/or omissions PlaintilT seeks to attribute to Defendants undcr an agency theory.
60, The allcgations in the above-quoted, objected-to paragraphs and subparagraphs
fail to conform to Pa.R.C,P. I OI9(a), which requires that thc matcrial facts on which a cause of
action is bused be stated in 0 concisc and summary form.
61. The deficiencies of these objectcd-to paragraphs and subparagraphs are prejudicial
to Dcfendants in that Defcndants are unable to prcparc 0 dcfcnsc to these vogue allegations, and
this inability to prepare 0 dcfcnse may rcsult in a waivcr of various dcfcnses and objections
pursuant to Pa,R,C.P. 1032.
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62. As a result, the foregoing paragraphs and subparagraphs are factually deficient
and, therefore, warrant either being stricken from PlaintilTs Complaint or amendment by
PlaintilTso as to provide the requisite factual specificity,
WHEREFORE, Defendants, the Milton S, Ilershey Medical Center and Luanne E,
Thorndyke, M,D" respectfully request this Honorable Court to sustain their Preliminary
Objection as to paragraphs 5, 6, 14, l6(b), 2I(b), and 30, and strike said paragraphs and
subparagraphs from PlaintilTs Complaint because they lack the requisite factual specificity, In
the alternative, Defendants request that this Court require PlaintilTto support the allegations
contained therein with sufficient factual information so as to allow Defendants to prepare an
adequate defense.
IV. Motion To Strike Plalntlrrs Complaint for Lack ofVcrlfieatlon
63, Paragraphs I through 62 are incorporated herein by reference and made a part
hereof.
64. Pursuant to Pa.R,C,P. 1024, every pleading containing an averment of fact shall be
verified,
65. There is no verification as required by Rule 1024 for the PlaintilTs Complaint,
WHEREFORE, Defendants, the Milton S. Hershey Medical Center and Luanne E.
Thorndyke, M,D" respectfully request that this Honorable Court strike PlaintilTs Complaint,
andlor in the alternative, require PlaintilTto promptly Iile a verification as required by Pa,R,C.P,
1024.
12
Respectfully submitted,
Date:
G(zo(17
McQUAIDE, BLASKO, SCHWARTZ,
FLEMING & FAULKNER,INC,
~~;BI
Grant H, Fleming, Esquire
Atty. J.D. No. 16212
Charles Eppolito, 1\1, Esquire
Atty. J.D, No. 77048
Attorneys for Defendants
811 University Drive
State College, PA 16801
(814) 238-4926
By:
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Willi.m p, Dougl.,. E,q.
Supreme Cl. ID H 37926
Dougl.s, Douglas & Dougl.,
27 W, High SI.
p.o.n, 261
C.rlisle. PA 17013-0261
Telephooe 717.243.1790
. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA.
COMPLAINT
..'..Vfrgfnfii..lf:'.su'ter;..fnd'ivi'duii1'iy..and'..'..........,..........,..,......,....,..,............,..........,....,..,............."..,....................,
Virginia R. Suter as Administratrix
of the Estate of
Paul Edward Suter, deceased
~
PLAINTIFFS
VS
NO. 97-1523 Civil Term
The Milton S. Hershey Medical
Center; and Louanne E. Thorndyke,
M.D. I
CIVIL ACTION - LAW
"...,............."......,......"......,.....,',...........,..P~~,~~,?,~,~.!.~,....,......,.......r~~,y,,:n~,~~,~..p.,~~,~~p.,~,~......,..........
NOTICE
~1
YOU HAVE BEEN SUED IN COURT, IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET
FORTH IN THE FOLLOWING PAGES. YOU MUST TAKE ACTION WITIlIN 1WENTY DAYS
AFTER THIS COMPLAINT AND NOTICE ARE SERVED. BY ENTERING A WRl1TEN
APPEARANCE PERSONALLY OR BY AITORNEY AND FILING IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, YOU ARE
WARNED TIlAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A
JUDGMENT MAYBE ENTERED AGAINST YOU BY TIlE COURT WITIlOUT FURTHER NOTICE
FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF
REQUESTED BY THE PLAINTIFF, YOU MAY LOSE MONEY OR PROPERTY OR OTIlER
RIGHTS IMPORTANT TO YOU,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
CUMBERLAND COUNTY NOTICE
DATE: July 3,1997
,
By', '
William p, Douglas, Esq.
Supreme CI. ID N 37926
Douglas, Douglas & Douglas
27 W, High SI.
P,O,O, 261
Carlisle, PA 17013.0261
Telephone 717.243.1790
. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA.
....Vlrglnla"j['Suter;..lndlv"f,l'ualIy..and.." ..,...,.............".......,...."..,...,......",...,............,...,....,.......,.....,.."............,..
Virginia R. Suter as Administratrix
of the Estate of
Paul Edward Suter, deceased
PLAINTIFFS
VS
NO, 97.1523 Civil Term
The Milton S. Hershey Medical
Center; and Louanne E. Thorndyke,
M,D,
CIVIL ACTION - LAW
""',.........,',.........."......"......,...,......,..,",...,~,~,~,~~~~~.!.~.......,',...,.....J.!!.~y...:n~,~~,~..p.,~~~~p.,~p....,...,..,...,"
Amended Complaint
1. The plaintiff, Virginia R. Suter, who was appointed Administratrix of
the Estate of Paul Edward Suter, deceased, by the Register of Wills of Juniata
County, Pennsylvania, is an adult individual currently residing at 440 N. 46th
Street, Harrisburg, Dauphin County, Pennsylvania.
2. The plaintiff, Virginia R. Suter, is an adult individual currently
residing at 440 N. 46th Street, Harrisburg, Dauphin County, Pennsylvania.
3. The defendant, The Milton S, Hershey Medical Center, Penn State
College of Medicine, University Hospital is located in Derry Township,
Hershey, Dauphin County, Pennsylvania. The defendant operates a satellite
office and lor offices in Cumberland County, Pennsylvania, and regularly
conducts business through a satellite office or offices in Cumberland County,
Pennsylvania.
4, At all times relevant hereto, the defendant, Louanne E. Thorndyke, is
an adult individual and a physician engaged in the practice of medicine, with
a place of business at Hershey Medical Center, Hershey, Derry Township,
Dauphin County, Pennsylvania.
,
I
i
\
f
5, At all times relevant hereto, the defendants, were the agents, servants,
and employees of the defendant hospital, and were acting within the scope of
employment as such agents, servants, and employees, and with the
permission and consent of the defendant hospital. Hereinafter, all defendants
individually and/or collectively will be referred to as defendant.
6. At all times relevant hereto, the defendants, Louanne E, Thorndyke,
M.D" and all employees of the defendant hospital were acting as agents,
servants, and employees of the defendant hospital, and were acting within
the scope of employment as such agents, servants, and employees, and with
the permission and consent of the defendant hospital. In the aforesaid
capacity the defendants were responsible for the care and treatment Paul
Edward Suter.
7, At all times relevant hereto Virginia R. Suter and Paul Edward Suter
were husband and wife.
8, At the time of the decedents death he and his wife had three adult
emancipated children. There are no dependent minor children,
9. On or about March 27, 1995, the decedent, Paul Edward Suter, was seen
in the emergency room of the defendant's hospital with complaints of
extreme difficulty in swallowing. The decedent was sent home and told to
return if his condition worsened,
10. On March 28, 1995, the decedent was again seen in the emergency room
with complaints of extreme difficulty in swallowing,
11. The decedent was sent for an upper GI examination and was forced to
intake fluid which he aspirated.
12. The decedent was not given a swallow evaluation prior to his upper GI
examination,
13. The defendants were negligent in not ascertaining if the decedent was
able to swallow prior to being forced to intake fluid prior to his examination.
'....
14. On March 31, 1995, Paul Edward Suter, died as a direct and proximate
result of the negligence of the defcndants,
Count 1 .Plaintiff v Louannc E. Thorndyke
Wrongful Death pursuant to 42 Pa, C,S.A. ~ 8301
15, The allegations in paragraphs 1 through 14 are incorporated hcrcin and
reference is made thereto as if fully set forth at Icngth,
16, Thc defendant may have bcen negligent in the following respects;
a. In having performed an upper GI examination without
first performing a swallow evaluation on thc patient.
b. In having deviated from the standard of care with respect
to the aforesaid.
17. As a direct and proximate result of the defendants' negligence, the
surviving spouse of the decedent was dependent on him, at the time of his
death, for her support and livelihood, As a result of his death she has been
deprived of such support and livelihood and has suffered damage thereby.
18. By reason of the death of Paul Edward Suter, Virginia R. Suter, his
surviving spouse, has been deprived of her husband's society, services and
comfort.
19. As a direct and proximate result of the decedent's untimely death, his
estate incurred burial expenses as a result of defendant's negligent acts and/or
omissions.
WHEREFORE, it is prayed tllat judgment be elltered ill favor of tile plailltiff
alld agaillst tile defelldallts ill all amOll/lt ill excess of all amoullt requirillg
compulsory referral to arbitratioll plus costs of suit.
Count 2 .Plalntiff v Penn State College of Medicine University Hospital, The
Milton S, Hershey Medical Center
Wrongful Death pursuant to 42 Pa, C,S,A. ~ 8301
!.
20. The allegations in paragraphs 1 through 20 are incorporated herein and
reference is made thereto as if fully set forth at length,
21. The defendant, by and through their agents, may have been negligent
in the following respects;
a. In performing an upper GI examination without first
performing a swallow evaluation on the patient,
b, In having deviated from the standard of care with respect
to the aforesaid,
c. In forcing the decedent to drink solution with respect to
the aforesaid test after having been informed by the patient he
was unable to swallow the solution.
22, As a direct and proximate result of the defendants' negligence, the
surviving spouse of the decedent was dependent on him, at the time of his
death, for her support and livelihood. As a result of his death she has been
deprived of such support and livelihood and has suffered damage thereby.
23. By reason of the death of Paul Edward Suter, Virginia R. Suter, his
surviving spouse, has been deprived of her husband's society, services and
comfort.
24. As a direct and proximate result of the decedent's untimely death, his
estate incurred burial expenses as a result of defendant's negligent acts and/or
omissions.
WHEREFORE, it is prayed IImt jlldgment be entered in favor of tile plaintiff
and against tile defendants in an amollnt in excess of an amollnt reqlliring
comp"lsory referral to arbitration pIllS costs of SlIit,
Count 3 . Plaintiffs v Louanne E. Thorndyke
Survival Action pursuant to Pa. C.S.A. ~ 8301
25, The allegations in paragraphs 1 through 25 are incorporated herein and
reference is made thereto as if fully set forth at length.
31. Before, during and after the aforesaid procedure, custody and control of
the deceased was in the The Milton S. Hershey Medical Center/Penn State
College of Medicine/University Hospital.
WHEREFORE, it is prayed that judgmellt be entered ill favor of the plailltiff
alld agaillst the defelldallts ill all amoullt ill excess of all amoullt requirillg
compulsory referral to arbitratioll plus costs of suit.
July 3,1997
William P. Douglas,
Attorney for plaintif
McQUAIDE, BLASKO, SCHWARTZ,
FLEMING 6< FAULKNER, INC,
ATTORNEYS AT LAW
. u1 1 UNIVERSITY DRIVE
STATE COLLEGE, PENNSYLVANIA 16001
CERTIFIED COpy
-.--
. -- .
PRAECIPE FOR LISTING CASE FOR ARGUMENT
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
----------------------------------------------
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VIRGINIA R. SUTER,lndividually,
and VIRGINIA R, SUTER, as
Administratrix of the Estate of
PAUL EDWARD SUTER, deceased,
Plaintiff
) No. 97-1523 Civil Term
)
)
)
)
)
)
)
)
) JURY TRIAL DEMANDED
vs,
THE MILTON S. HERSHEY MEDICAL CENTER
and LUANNE E. THORNDYKE, M,D"
Defendants
1. State matter to be argued (Le" plaintiff's motion for new trial, defendant's
demurrer to complaint, etc.):
Defendants' Preliminary Objections to Plaintiff's Amended Complaint
2. Identify counsel who will argue case:
(a) Plaintiff(s): William p, Douglas, Esquire, Douglas, Douglas &
Douglas, 27 West High Street, Carlisle, PA 17013
(b) Defendant(s) Charles Eppolito, III, Esq., McQuaide, Blasko, Schwartz,
Fleming & Faulkner, Inc., 811 University Drive,
State College, PA 16801
3, I will notify all parties in writing within two days that this case has been
listed for argument,
4, Argument Court Date: October 1, 1997
Dated: Julv 25, 1997
~~g
Charles Eppolito, III. Esquire
Attorney for Defendants
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VIRGINIA R. SUTER, Individually,
and VIRGINIA R, SUTER, as
Administratrix of thc Estatc of
PAUL EDWARD SUTER, deceased,
Plaintiff
) No. 97-1523 Civil Tcrm
)
)
)
)
)
)
)
)
)
) JURY TRIAL DEMANDED
vs,
THE MILTON S. HERSHEY MEDICAL CENTER
and LUANNE E, THORNDYKE, M,D.,
Defendants
DEFENDANTS. TilE MILTON S. HERSHEY MEDICAL CENTER AND
LUANNE E. THORNDYKE. M.D.'S PRELIMINARY OBJECTIONS
TO PLAINTIFF'S AMENDED COMPLAINT
AND NOW, come Defcndants, the Milton S. Hershey Medical Ccnter and Luanne E.
Thorndyke, M.D" by and through thcir attorneys, McQuaide, Blasko, Schwartz, Flcming &
Faulkner, Inc" to makc the within Preliminary Objcctions to Plaintiff's Amended Complaint:
I. This medical malpracticc action was initiatcd by thc filing of Plaintiff's Writ of
Summons on March 25, 1997 in the Court of Common Pleas ofCumbcrland County,
Pennsylvania.
2. Defcndants sccured a Praecipe for Rule to Filc a Complaint on May 7, 1997, and
served an executed Rule to File a Complaint on Plaintiff on May 13, 1997.
3. On June 2, 1997, Plaintiff filed hcr Complaint in the Court of Common Picas of
Cumbcrland County, to which Defendants filed Preliminary Objections.
4, Plainlifffiled hcr Amended Complaint on July 3,1997, in thc Court of Common
Pleas of Cumberland County, Pennsylvania.
5. Plaintiff in thc instant action is Virginia R, Suter, individually and as
Administratrix of the Estate of Paul Edward Suter, deceased.
6. Dcfendants are thc Millon S, Ilershcy Medical Center and Luanne E. Thorndyke,
M.D.
7, The instant action sounds in professional medical negligence.
8. According to Plaintiffs Amended Complaint, Plaintiff's decedent, Paul Edward
Suter, was seen in the Emergency Room of the Milton S, Hershcy Medical Center on March 27,
1995, with complaints of extreme difficulty in swallowing, and was subscquently released and
advised to return if his condition worsened, (Plaintiffs Amended Complaint at paragraph 9.)
9. Plaintiff avers that Mr, Suter was again seen in the Hershey Medical Center
Emergency Room on March 28, 1995, with complaints of extreme difficulty in swallowing,
(Plaintiff's Amended Complaint at paragraph 10.)
10. Plaintiff further avers that "decedent was sent for an upper GI examination and
was forced to intake fluid which he aspiratcd", and that "decedent was not given a swallow
evaluation prior to his upper GI examination." (Plaintiff's Amended Complaint at paragraphs
11-12.)
II.
Plaintiff asserts that Defendants "wcrc negligent in not ascertaining if the
decedent was able to swallow prior to being forced to intake fluid prior to his examination,"
(Plaintiff's Amended Complaint at paragraph 13.)
2
19, It is well established Pennsylvania law that, absent exceptional circumstances, a
health care provider is neither a guarantor of a cure nor a warrantor of a favorable result to the
patient.
20. No presumption or inference of negligence arises merely becausc thc medical carc
rendered terminatcd in some unfavorablc result.
21. In the instant action, Plaintiff alleges only that the Defendants were negligcnt in
failing to ascertain if the decedent was able to swallow before intaking fluid prior to the upper GI
examination,
22. Without more, Plaintiff s allegations do not implicatc the doctrine of rni iJ2sa
loquitur insofar us the facts of this case and any alleged negligence requires knowledge which is
beyond the common understanding of an average layperson,
23, The second manner in which Plaintiff has improperly and impermissibly pled her
rni iJ2sa loquitur claim at Count V is that the doctrine of rni iJ2sa loquitur is neither a cause of
action nor a ground for recovery; rathcr, it is a rulc of evidence,
24. Pennsylvania is a fact-pleading jurisdiction where, pursuant to Pa.R.C,P. 1019(a),
a plaintiff is required to plcad those material facts on which a cause of action is bused in a
concise and summary form,
25. In formulating a pleading, a plaintiff is directed not to plead evidence.
26. Plaintiffs allegations within Count V go wcll bcyond appropriate fact-pleading
and constitutc averments which are evidentiary in nature and, therefore, improper and
impcrmissiblc at this carly stage of the pleadings,
4
27, In order for thc doctrinc ofn:Jl iD.sa lOQuitur to apply to a particular case, expert
testimony must bc adduced to establish, ~ lIlill, that thc injury could not have occurred in the
absence of negligence.
28. Because PlaintifT's averments ofn:JliD.sa lOQuitur invokc the necessity of expert
testimony, the pleading of such cvidence unfairly requircs the Defendants to respond to what are
cssentially thc opinions and conclusions of expcrts,
29, Defendants would then be required, within thc twenty days within which an
Answer must bc filed, to locate, hire, educate as to the facts of the case, and pay for an expert to
answer said allegations, Defendants have not yct identified who will serve as expcrt witness(es)
on behalf of Defendants at the trial of this matter.
30. At this stagc of the litigation, to require Defendants to respond to the allegations
at Count V would be burdensome and cxpensive, and would thus unfairly prejudice Defendants.
WHEREFORE, Defendants, thc Milton S, Hershcy Mcdical Center and Luanne E.
Thorndyke, M.D" respcctfully rcqucst that this Honorablc Court sustain Defendants' Preliminary
Objcction and strike Count V from PlaintifT's Amended Complaint.
II, Defendants' Motion To Strike 1 Motion for a More Specific Pleadinl: upon
the Basis that Certain Averments within PlnlntiWs Amended Complaint
Lack the ReQuisite Factual Specificitv
31, Paragraphs I through 30 arc incorporated hercin by referencc and made a purl
hereof.
5
32, Plaintiff sets forth allegations of negligence against Defendant Luanne
Thorndyke, M,D" at Count I (Wrongful Death Action) and Count III (Survival Action), and
against Defendant Milton S, Hershey Medical Center, under theories of vicarious liability, at
Count II (Wrongful Death Action) and Count IV (Survival Action). Plaintiff also sets forth a
claim for WI illlilloQuitur against Hershey Medical Center at Count V,
33, Defendants object to the following paragraphs and subparagraphs, which contain
boilerplate, general, vague allegations of negligence which are improper, imprecise, and devoid
of factual support:
"14, On March 31, 1995, Paul Edward Suter, died as a direct and proximate
result of the ne~li~ence of the defendants,
.
.
.
16. The defendant may have been negligent in the following respects;
.
.
.
b,
aforesaid,
In having deviated from the standard of care with respect to the
.
.
.
2 I. The defendant, by and through their agents, may have been negligent in
the following respects;
.
.
.
b. In having deviated from the standard of care with respect to the
aforesaid."
(underlining supplied).
6
34. Thc abovc-quoted, objected-to paragraphs and subparagraphs contain boilerplate,
general, vague allegations of ncgligencc which arc impropcr, imprecise, and dcvoid of the
rcquisitc factual support,
35, Specifically, Plaintiff gencrally alleges "negligence of the Defendants" [paragraph
14] and that Defendants "deviated from the standard of carc with respcct to the aforesaid"
[paragraphs 16(b) and 21(b)], without spccifying how Defendants werc negligent.
36. To the extent Plaintiff intends her allegations of negligence to encompass conduct
beyond that pled at paragraphs 13, 16(a), and 21(a) and (c), the objected-to allegations are
deficient, in violation ofPa.R.C.P. 1019(a), and prejudicial to Dcfendants,
37, In addition, Plaintiff avers an agency relations~.ip bctwccn Defcndants and ccrtain
unidentificd individuals within paragraphs 5, 6 and 30 of PlaintifT's Amendcd Complaint.
38, Dcfendants object to the following paragraphs, which contain boilerplate, general,
vague allegations of agency which are improper, imprecisc, and dcvoid off actual support:
"5. At all timcs relevant hcrcto, thc defendants. were the allents. scrvants. and
employces of the dcfendant hospital, and werc acting within the scope of
cmployment as such agcnts, scrvants, and employees, and with the
permission and conscnt of thc dcfendant hospital. Hereinafter, all
defcndants individually and/or collectively will be referred to as
defendant.
6. At all times relevant hcrcto, the dcfendants, Louannc E, Thorndyke, M.D.,
and all cmplovees of the dcfendant hospital wcrc acting as agents,
servants, and employees of thc dcfendant hospital, and wcre acting within
the scopc of cmployment as such agents, servants, and cmployecs, and
with thc permission and conscnt ofthc defendant hospital. In the aforesaid
capacity the dcfcndants were responsible for the care and treatment of Paul
Edward Suter.
7
45. As a result, the foregoing paragraphs and subparagraphs are factually deficient
and, therefore, warrant either being stricken from Plaintiff's Amended Complaint or UI11endment
by PlaintilT so as to provide the requisite factual specificity.
WHEREFORE, Defendants, the Milton S. Hershey Medical Center and Luanne E.
Thomdyke, M.D" respectfully request this Honorable Court to sustain their Preliminary
Objection as to paragraphs 5, 6,14, 16(b), 21(b), and 3D, and strike said paragraphs and
subparagraphs from Plaintiff's Amended Complaint because they lack the requisite factual
specificity, In the alternative, Defendants request that this Court require PlaintilTto support the
allegations contained therein with sufficient factual information so as to allow Defendants to
prepare an adequate defense,
Respectfully submitted,
McQUAIDE, BLASKO, SCHWARTZ,
FLEMING & FAULKNER, INC.
Date: July 25,1997
By:
e~~:5
Grant H. Fleming, Esquire
Atty. J.D. No, 16212
Charles Eppolito, III, Esquire
Atty. 1.0. No. 77048
Attorneys for Defendants
811 University Drive
State College, PA 16801
(814) 238-4926
9
IN THE COURT OF COMMON PLEAS OF ClJMBERLAND COIJNTY,PENNSYLV ANIA
CIVIL ACTION -LAW
:J
:f
; i
vs.
) Nn, (n.1 523 Civil Term
)
)
)
)
)
)
)
)
) JURY TRIAL DEMANDED
VIRGINIA R, SUTER,lndividuully,
and VIRGINIA R, SUTER, as
Administratrix of the Estate of
PAUL EDWARD SUTER, deceased,
Plulntin'
THE MILTON S. HERSHEY MEDICAL CENTER
und LUANNE E, THORNDYKE, M.D"
Defendants
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PEJl.NSYL VANIA
COUNTY OF DAUPIIlN
)
) ss:
)
Charlcs Eppolito, III, Esquire, uttorney (i,l' Defendants, The Milton S, lIershcy Medical
Ccnter and Luunnc E, Thorndyke, M,D" In the ahove-euptinned mutter, uncI' huving been duly
sworn according to luw, deposes und suys tltututrue und correct copy of Defendunts, Thc Milton
S, Hershey Mcdicul Center and Luunne E, Thorndyke M,D.'s, Preliminary Objections to
PlaintifTs Amended Compluint und Defendants, The Milton S. Ilershey Medical Ccnter and
Luanne E, Thorndykc M.D.'s, Pruecipe fill' Listing Cuse IiII' Argument werc sent via Fcdcral
Express this 25th day of July, 1997 tn the filllnwinll:
William p, Douglus, Esquire
Douglas, Douglus & Douglus
27 West High Street
Carlisle, P A 17013
MeQlJA(()E, BLASKO, SCHWARTZ,
FLEMI~h FA)/LKNER,INC.
By: ~ GlJo.."!:l-ffft
Charlcs Eppolit~ll~ - f1
NOlarlal Soa'
Stephanie Ann Franklin, NO'IIY Public
Sla'e Ccllege Boro, Cenl.. Coum
M'Comml6slon E'p1'.R March 6, 2~OO
'" ",.",1111111'
. V V.'",.1 55lJCliJllon 0 0 at 85
if:!l
IN THE COURT OF COMMON PLEAS OF CUMIlEIU,ANI> ('( II lNTY, I'I~NNSYL VANIA
CIViL ACTION. LA W
VIRGINIA R. SUTER,lndividually,
and VIRGINIA R, SUTER, us
Administratrix of the Estatc of
PAUL EDWARD SUTER, deceased.
) Nu, 1)7.1523 Civil Term
)
)
)
)
)
)
)
)
)
)
)
) JURY TRIAL DEMANDED
Plaintiff
\'5.
THE MILTON S, HERSHEY MEDICAL CENTER
and LUANNE E. THORNDYKE, M,D"
Defendants
~
AND NOW, this~ day of
, 11)97, the uUnched Stipulation of Counsel in
Lieu of Preliminary Objections to Plllintiff's Amended Complaint is hercby APPROVED and it is
ORDERED that:
I, Paragraph 14 of Plaintill"s Amendcd Cumplaint shull he umended so us to aver us follows:
"14, On March 31,11)1)5, Pnlll Edward Suter, died us u direct und proximate result of the
negligence of the defendants, which negligence is set filrlh in pnrngraphs 16 and 21 of the Amended
Complaint."
2, Paragraph 16(b)uf I'lllintiffs Amended Cllll1pluint shall be amended so us to aver us
follows:
"b. In huving deviated fhlll1 the standard of care as set forth within parugraph 16 (a)."
3, Paragraph 21(b) of Plaintiffs Amended Complaint shall be amended so as to aver as
follows:
"b. In having deviated from the standard of care as set forth within paragraph 21(a)."
4, Plaintiff shall, within ten (10) days of the completion of depositions of all Hershey
Medical Center personnel in this case, provide Defendants with a complete list of all individuals alleged
to be the agents, servants and/or employees of Defendants, Milton S. Hershey Medical Center and Luanne
E. Thorndyke, M.D,
5. Defendants' denial, within their Answer, to Plaintiff's allegations of agency, including
those allegations set forth within paragraphs 5, 6 and 30 of Plaintiffs Amended Complaint, shall not be
construed to constitute a general denial having the effect of an admission ofPa,R,C,P, 1029(b) and
1029(e)(I),
6. Defendants' denial, within their Answer, to Plaintiffs allegation of~ ~ loquitur.
including those claims set forth within Count V, shall not be construed to constitute a general denial
having the effect of an admission under Pa,R,C.P. 1029(b) and 1029(e)(I),
7. Defendants' shall file an Answer to the Plaintiff's Amended Complaint within twenty (20)
days after signature and filing of this Stipulation with the Court,
J.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VIRGINIA R, SUTER, Individually,
and VIRGINIA R, SUTER, as
Administratrix of the Estate of
PAUL EDWARD SUTER, deceased,
) No, 97-1523 Civil Term
)
)
)
)
)
)
)
)
)
)
)
) JURY TRIAL DEMANDED
"
Plaintiff
vs,
THE MILTON S. HERSHEY MEDICAL CENTER
and LUANNE E. THORNDYKE, M.D"
Defendants
STIPULATION OF COUNSEL IN LIEU OF PRELIMINARY OBJECTIONS
WHEREAS, The Defendants in the above-captioned action havc filed Preliminary Objections to
.-
...,
the Plaintiff's Amended Complaint;
WHEREAS, Thc Argument of Defendants' Preliminary Objections to Plaintiff's Amended
Complaint was scheduled to take place on Wedncsday, October 1,1997;
WHEREAS, on Septcmbcr 29, 1997, Counsel for the above-captioned parties reached an
,
agreement so as to obviate the necessity of participating in the Argument of Defendants' Preliminary
Objections \0 Plaintiff's Amended Complaint.
IT IS HEREBY STIPULATED and agreed to by and bctwecn the Plaintiff, Virginia R. Suter,
Individually, and Virginia R. Suter, as Administratrix of the Estate of Paul Edward Suter, deceased, and
the Defendants, The Milton S, Hershey Medical Centcr and Luannc E. Thorndyke, M,D" by and through
their respective undersigned Counsel, the following:
7. Defendants' shall filc an Answer to thc Plaintiff's Amended Complaint within twenty (20)
days after signature and filing of this Stipulation with the Court.
; .
Dated: \0 /7..D/1 7
~~~/
Grant H, Fleming, Esquire
Charlcs Eppolito, III, Esquire
Attorneys for Dcfendants
811 University Drive
State Collcgc, PA 16801
(814) 238-4926
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Dated: 0::-,. (.,) "7
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Wilham p, Douglas, Esquirc
Attorney for Plaintiffs
27 W, High Street
P,O, Box 261
Carlisle, I' A 17013
(717) 243-1790
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
VIRGINIA R. SUTER, Individually,
and VIRGINIA R, SUTER, as
Administratrix of the Estatc of
PAUL EDWARD SUTER, deccased,
Plaintiff
) No, 97-1523 Civil Term
)
)
)
)
)
)
)
)
)
) JURY TRIAL DEMANDED
vs.
THE MILTON S. HERSHEY MEDICAL CENTER
and LUANNE E, THORNDYKE, M,D"
Defendants
DEFENDANTS. THE MILTON S. HERSHEY MEDICAL CENTER
AND LUANNE E. THORNDYKE. M,D.'S ANSWER
WITH NEW MATIER TO PLAINTIFF'S AMENDED COMPLAINT
AND NOW, come Defendants, the Milton S. Hershcy Medical Center and Luanne E,
Thorndyke, M.D" by and through their attorneys, McQuaide, Blasko, Schwartz, Fleming &
Faulkner, Inc" and answer Plaintiffs Amended Complaint as follows:
I. Dcnied, After reasonablc investigation, Defendants are without knowlr:dge or
information sufficient to form a belief as to the truth of the averments of paragraph 1. The
averments of paragraph I are therefore denied, and Defendants demand strict proof thereof at the
time of trial.
2. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments of paragraph 2. The
averments of paragraph 2 are therefore denied, and Defendants demand strict proof thereof at the
time of trial.
3. Denied, More accurately, Defendant, Milton S, Ilershl'Y Medical Center, ut all
times relevant to the incident which serves us the subject of PlaintilT's Complaint, wus u physicul
fucility licensed to deliver medical services, owned und operated by The Pennsylvaniu Stute
University, with its principal pluce ofbusincss located at 500 University Drive, Hershey, Derry
Township, Dauphin County, Pennsylvaniu 17033. The remaining averments ofpuragraph 3 ure
denied in conformity with Pa,R,C,P, 1029(e).
4, Admitted, with qualification. It is admitted that at ull times relevant to the
incident which serves as the subject of PluintilT's Complaint, Defendant, Luanne E, Thorndyke,
M.D., was an adult individual and a physician engaged in the practice of medicine at the Milton
S. Hershey Medical Center, which is located in Hershey, Derry Township, Dauphin County,
Pennsylvania,
5, Denied. Paragraph 5 sets forth conclusions of law to which no affirmative
response is required, To the extent a response is deemed required, Dcfendants deny the
averments ofpuragraph 5, specifically including those allegations of agency, and demand strict
proofthereofnt thc time of trial. The averments ofpuragraph 5 ure denied in conformity with
Pa.R.C,P, 1029(e).
6. Admitted in part and denied in part. It is admitted that Paul Edwurd Suter
received care or treatment at the Milton S. Hershcy Medical Center on Murch 27,1997, Murch
28, 1997, and during his admission to Hershey Medical Center between March 29, 1995 and
Murch 31, 1995. The remaining averments of paragraph 6 set forth conclusions of law to which
no affirmative response is required, To thc extent a response is deemed required, Defendants
deny the averments of paragraph 6, specifically including those allegations of agency, and
2
dCll1and strict proof thereof at thc timc of trial. The remaining averments of parugraph 6 ure
denied in conformity with Pa,R,C.P, \029(c).
7. Denicd, After reasonable investigation, Defendants arc without knowlcdge or
information sufficicnt to form a belicf as to thc truth of the averments of paragraph 7. Thc
averments of paragraph 7 arc thercfore dcnicd, and Defendants demand strict proof thereof at thc
time of trial.
8, Denied. After reasonab1c investigation, Defcndants arc without knowledge or
information sufficient to form a belief us to thc truth of the avermcnts of paragraph 8. Thc
averments of para Bra ph 8 are thcreforc denied, and Dcfendants dcmand strict proof thcreof at the
time of trial.
9. Admitted in part and denied in part. It is admitted that thc Milton S. Hershey
Medical Center medical records document that on March 27, 1995, Paul Edward Suter presented
to the Hershey Medical Center Emergency Room with a number of complaints, including sore
throat, cough and difficulty swallowing. Mr, Suter wus evaluated, treated and then discharged,
The discharge instructions included, ~ iilia, an instruction to return to the Emergency Room if
Mr. Suter's condition worscned. The Milton S. Hershey Medical Center medical records speak
for themselvcs. The remaining averments of paragraph 9 are denied in conformity with
Pa,R,C,P. \029(e),
10. Denied us stated. It is admitted only that the Milton S. Hershey Medical Center
medical records document that on March 28, 1995, Paul Edward Suter presented to the Hershey
Medical Center Emergency Room. The Milton S, Hershey Medical Center medical records
3
<
speak for themselves. The remaining averments of paragraph 10 are denied in conformity with
Pa.R.C.P. 1029(e).
II. Denied as stated. More accurately, Mr. Suter underwent nn upper 01 examination
on March 30, 1995. As part of the upper GI examination, Mr. Suter drank the contrast solution.
The Milton S. Hershey Medical Center medical records document an unremarkable study, other
than a small amount of aspiration being noted. The averments of paragraph II are denied in
conformity with Pa.R.C.P. 1029(e).
12. Admitted.
13. Denied. Paragraph 13 sets forth conclusions of law to which no affirmative
response is required. To the extent a response is deemed required, Defendants deny all
allegations of neglige nee on the part of Defendants, and demand strict proof thereof at the time of
trial. In addition, Defendants deny that any alleged negligence on the part of Defendants caused
Mr. Suter's death or any of the claimed injuries and damages, and likewise demand strict proof
thereof at the time of trial. The averments of paragraph 13 are denied in conformity with
Pa.R.C.P. 1029(e).
14. Admitted in part and denied in part. It is admitted only that Paul Edward Suter
died on March 31,1995. The remaining averments of paragraph 14 set forth conclusions oflaw
to which no affirmative response is required. To the extent a response is deemed required,
Defendants deny all allegations of negligence on the part of Defendants, and demand strict proof
thereof at the time of trial. In addition, Defendants deny that any alleged negligence on the part
of Defendants caused Mr. Suter's death or Clny of the claimed injuries and damages, and likewise
4
thereofat the time of trial. The uverments ofparagruph 17 urc dcnied in conformity with
Pa,R.C.P. I029(e).
18.
Denied. After reasonable invcstigntion, Defcndants are without knowledge or
informntion sufficient to form a belief ns to thc truth of the avcrmcnts of paragraph 18, and in
particular, Mrs. Suter's allegcd loss of Mr. Suter's society, services and comfort. The averments
of paragraph II! are therefore denied, and Defendants demand strict proof thereof at the time of
trial. The averments of paragraph 18 are denied in conformity with Pa.R.C.P. 1029(e).
19. Denied. Paragraph 19 sets forth conclusions of law to which no nffirmutive
response is required. To the extent a response is deemed required, Defendants deny all
allegations of negligence on the part of Defendants, and demand strict proof thereof at the time of
trial. In addition, Defendants deny that any alleged negligence on the part of Defendants caused
Mr. Suter's death or any of the claimed injuries and damages, and likewise demand strict proof
thereof at the time of trial. Further, after reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments within
paragrnph 19 relating to the alleged burial expenses. Said averments are therefore denied, and
Defendants demand strict proof thereof at the time of trial. The averments of paragraph 19 are
denied in conformity with Pa.R.C.P. I029(e).
WHEREFORE, Defendants, the Milton S. Hershey Medical Center and Luanne E.
Thorndyke, M.D., demand that Plnintiff's Amended Complaint be dismissed.
6
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Count 2 . Plaintiff v Penn Statc Collcge of Medicine Univcrsity Ilospital, Thc
Milton S. Hershey Medical Center
Wrongful Death pursuant to 42 Pa.C.S.A. 9 8301
20. Paragraphs I through 19 of Defendants' Answer nre incorpornted by reference as
I
I
if set forth at length herein.
21. Denied. Paragraph 21 sets forth conclusions oflnw to which no nffirmative
response is required. To the extent a response is deemed required, Defendnnts deny all
allegntions of negligence on the part of Defendants nnd/or any alleged agents, and demand strict
proof thereof at the time of trial. The averments of paragraph 21, including subparagraphs (a)
through (c), are denied in conformity with Pa.R.C.P. 1029(e).
22. Denied. Paragraph 22 sets forth conclusions of law to which no affirmative
response is required. To the extent a response is deemed required, Defendants deny all
allegations of negligence on the part of Defendants, and demand strict proof thereof at the time of
trial. In addition, Defendants deny that any alleged negligence on the part of Defendants caused
Mr. Suter's death or any of the claimed injuries and damages, and likewise demand strict proof
thereof at the time of trial. Further, after reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments within
paragraph 22 relating to Mrs. Suter's alleged dependence on Mr. Suter and the alleged loss of
support and livelihood. Said uverments are therefore denied, and Defendants demand strict proof
thereof at the time of trial. The averments of paragraph 22 are denied in conformity with
Pa.R.C.P. 1029(e).
7
,-'<"
23. Denied. After reasonnblc investigation, Dcfcndunts nrc without knowledgc or
information sufficient to form a beliefas to thc truth of the averments ofparagruph 23, nnd in
partieular, Mrs. Suter's allegcd loss of Mr. Sutcr's society, services and comfort. The averments
of paragraph 23 are therefore denied, and Dcfendants demnnd strict proof thereof at the time of
trinl. The averments of paragraph 23 urc denied in conformity with Pn,R.C.P. 1029(e).
24. Denied. Paragraph 24 sets forth conclusions of law to which no affirmative
response is required. To the extent a response is deemed required, Defendants deny nil
allegntions of negligence on the pnrt of Dcfendants, and demand strict proof thereof at the time of
trial. In nddition, Defendants deny that any alleged negligence on the part of Defendants caused
Mr. Suter's death or any of the claimed injuries and damages, and likewise demnnd strict proof
thereof at the time of trial. Further, after reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to the truth of the averments within
paragraph 24 relating to the alleged burial expenses. Said averments are therefore denied, and
Defendants demand strict proof thereof at the time of trial. The nverments of paragraph 24 are
denied in conformity with Pa.R.C.P. 1029(e).
WHEREFORE, Defendants, the Milton S. Hershey Medical Center and Luanne E.
Thorndyke, M.D., demand that Plaintiff's Amended Complaint be dismissed.
Count 3 - Plaintiffs v Louanne E. Thorndyke (sic.)
Survival Action pursuant to 42 Pa.C.S.A. 9 8301
25. Paragraphs I through 24 of Defendants' Answer are incorporated by reference as
if set forth at length herein.
8
26. Denied. After reasonable investigation, Defendants are without knowledge or
information sufficient to form a belief as to the truth of the averments of paragraph 26, and in
particular, Mr. Suter's income at the time of his injury and death and/or any lost income. The
nverments of paragraph 26 arc thcrcfore denicd, and Defendants demand strict proof thereof nt
the time oftrinl. The averments of paragraph 26 are denied in conformity with Pa.R.C.P.
1029(e).
WHEREFORE, Defcndants, thc Milton S. Hershey Medical Ccntcr and Luanne E.
Thomdyke, M.D., demand that Plaintiff's Arnendcd Complaint be dismisscd.
Count 4 - Plnintiffs v Pcnn State College of Medicine University Hospital,
Thc Milton S. Hershey Medicnl Center
Survival Action pursuant to 42 Pn.C.S.A. 9 8301
27. Parngraphs 1 through 26 of Defendants' Answer are incorporated by reference as
if sct forth nt Icngth herein.
28. Denied. After reasonable invcstigntion, Defcndants are without knowledge or
information sufficicnt to form a belicfas to the truth ofthc avcrments of paragraph 28, and in
particular, Mr. Sutcr's income at the time of his injury and death and/or any lost incomc. The
avermcnts of paragraph 28 are therefore denicd, and Defendants demand strict proof thercof at
the time of trial. The averments ofpnfagfaph 28 are denied in conformity with Pn.R.C.P.
1029(e).
9
VERIFICATION
COMMONWEALTlI OF PENNSYLVANIA )
) ss:
COUNTY OF CENTRE )
Bcfore me, thc undersigned nuthority, personally appenred Kenneth S.
Babe, who deposes nnd snys thnt he is Corporatc Controller ofThc Pennsylvania State
Univcrsity, and as such is authorized to mnke this Verification on its behalf, and statcs thnt thc
attached, DEFENDANTS, THE MILTON S. HERSHEY MEDICAL CENTER AND LUANNE
E. THORNDYKE, M.D.'S ANSWER WITH NEW MATTER TO PLAINTIFF'S AMENDED
COMPLAINT are based upon information which has been furnished to counsel for Dcfendant
and thnt thc informntion has bcen gathercd by said counscl in preparation for thc defense of this
lawsuit. Thc language in Defendant's Answcr with New Matter is that of counsel and not of the
undersigned. The undersigned has read Defendant's Answer with New Mattcr to the extcnt thnt
the Answer and New Matter arc bascd upon information which has becn givcn to counsel for
Defendant, they are true and correct to thc best of the undersigned's knowledge, information and
belief. To the extent that the content of the Defendnnt's Answer with New Matter are those of
counsel, the undersigned has relied upon counsel in making this Affidnvit.
~~
Kenncth S. Babe
Corporate Controller
-'Naiarial Seal
Slephanie Ann Franklin. Notal}' Public
State College Boro. Centre County
My Commission Expires March 6, 2000
ember Pt!nnsylvJnra 5S0clatron Of alar es
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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA.
COMPLAINT
""'vi'rgi'ili'i1"R::"S'u'ie'r;"i'ildlvld'u'ii'ily'a'il'if"'"''''''''''''".""""""""""""""'''",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Virginia R. Suter as Adrninistratrix
of the Estate of
Paul Edward Suter, deceased
PLAINTIFFS
VS
NO. 97-1523 Civil Term
The Milton S. Hershey Medical
Center; and Louanne E. Thorndyke,
M.D.
CIVIL ACTION. LAW
DEFENDANTS JURY TRIAL DEMANDED
...............................................................................................................................................................................................................................,
REPL Y TO NEW MA ITER
32. The allegations of the Arnended Cornplaint are incorporated
herein and reference is rnade thereto,
33. The allegations of the Arnended Cornplaint are incorporated
herein and reference is rnade thereto,
34, Denied, The negligent conduct of the defendants was a
substantial causative factor in brining about Paul Edward Suter's death,
35, Denied as a legal conclusion to which no response is necessary.
36. Denied as a legal conclusion to which no response is necessary.
WHEREFORE, it is prayed that the New Matter of the defendants be
disrnissed and that judgrnent be entered in favor of the plaintiffs,
DOUGLAS, DOUGLAS & DOUGLAS
"
"
Dated: February 5,1998
By
William p, Douglas, Attorne for
Plaintiffs
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VIRGINIA R. SUTER, individually
and VIRGINIA R, SUTER, as
Adrninistratrix of the Estate of
PAUL EDWARD SUTER, Deceased
: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA.
CIVIL ACTION - LAW
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V. NO, 97 - 1523 CIVIL TERM
THE MILTON S, HERSHEY
MEDICAL CENTER; and
LOU ANNE E. THORNDYKE, M,D, : JURY TRIAL DEMANDED
.
,
COMMONWEALTH OF PENNSYLVANIA)
,
COUNTY OF CUMBERLAND )
55.
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VERI FICA TION
I verify that the staternents rnade in the foregoing document are tru~
and correct, to the best of rny knowledge, inforrnation, and belief. I
understand that false staternents herein rnade are subject to the provisions of
18 Pa. C.S.A. S 4904 relating to unsworn falsification to authorities.
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IN TIlE COURT or COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
VIRGINIA R, SUTER, Individually,
and VIRGINIA R, SUTER, as
Administratrix of the Estate of
PAUL EDWARD SUTER, deceased,
Plaintiff
) No, 97-1523 Civil Tcrm
)
)
)
)
)
)
)
)
)
)
)
) JURY TRIAL DEMANDED
vs,
THE MILTON S, HERSHEY MEDICAL CENTER
and LOUANNE E, THORNDYKE, M,D"
Defendants
ORDER
AND NOW, this
day of
200 I, upon considerntion
of Defendants' Motion to Compel, it is hereby ORDERED thnt said Motion is ORANTED, and
it is ORDERED thnt Plaintiff will provide Defendants with complete responses to Expert
Witness Interrogatories (including expert reports) within twcnty (20) days, or shall be
precluded from producing any cxpert testimony against Hershey Medical Center and/or Dr,
Thorndyke at the trial of this mntter,
BY THE COURT:
J.
I.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LA W
VIRGINIA R. SUTER, Individually,
and VIRGINIA R, SUTER, as
Administratrix of the Estate of
PAUL EDWARD SUTER, dccenscd,
Plaintiff
) No, 97-1523 Civil Term
)
)
)
)
)
)
)
)
)
)
)
) JURY TRIAL DEMANDED
vs,
THE MILTON S, HERSHEY MEDICAL CENTER
and LOUANNE E, THORNDYKE, M,D"
Defendants
ORDER
AND NOW, this
dny of
200 I, upon consideration
of Defendants' Motion to Compel, it is hereby ORDERED thnt said Motion is ORANTED, and
it is ORDERED that Plaintiff will provide Defendnnts with complete responses to Expert
Witncss Interrogatories (including expert reports) within twenty (20) dnys, or shall be
preclurled from producing any expert testimony against Hershey Medical Center and/or Dr,
Thomdyke at the trial of this rnattcr,
BY THE COURT:
J.
4, Plnintiff allcges ncgligence in conjunction with an upper gastrointcstionnl scries
which her husband underwent shortly nfter his ndmission to the Mcdical Ccntcr on March 27,
1995,
5, Specifically, Plaintiff contcnds that hcr husband aspiratcd during the study and
ultimatcly died as a result of aspiration pncumonia,
6, Plaintiff asserts that Defendants should havc completed u swallowing study on
Mr, Sutcr prior to doing the upper GI series, givcn his history of swallowing difficulties,
II. Motion to Compcl Plaintiff to Provide Responses to Expcrt Witness Interrogatories
7, On February 10, 1998, Defendants filed Expert Witness Interrogatories seeking
inter alin, the identity of each person Plaintiff intends to call as an expert witness at the trial of
this cnse; expcrt reports; bases for expert opinions; and, other discoverable information (A copy
ofDefendnnts' Expert Witness Interrogatories For Answcr by Plaintiff are attached hereto and
labeled Exhibit "A"),
8. As of the date of the filing of this Motion (ovcr 2 Y:. years from the filing of these
Interrogatories), Plaintiff hns failed to providc answers to these Interrogatories, and Defendants
havc yet to be informed of the spccific expert witness(es) Plaintiff intends to call at the trial of
this case, or said expert's opinions.
9, Oiven the fnct that this action was initiated over four (4) years ago, and
Defendnnts served Expcrt Witncss Interrogatories over 2 Y:. years ago, Plaintiffhns had more
than ample opportunity to secure an expert to support her theory of ncgligence,
10, Without said expert opinions, Defcndants are unablc to proceed with the
fundamental aspects ol'their case, including the preparation of a delcnsc to Plaintifl"s claims,
II, Pursuant to Pennsylvania Rule of Civil Procedure 40 19(a)( I), the Court rnay
make an nppropriate order if: "(i) a party filils to serve answers. sufficient answers or objcctions
to written interrogatories under Rule 4005".
12, Additionally, pursuant to Pennsylvania Rule of Civil Procedure 4003,5,
"Discovcry of Expert Testimony, Trial Preparation Material":
b, "If the identity of an eXPCrt witness is not disclosed in compliance with
subdivision (a) (I) of this rule, he shall not be pernlitted to testify on
behalfofthc defaulting party at the trial of this action..,"
13, Thus far, Defendants have been unable to amicably resolve this discovery issue,
and have no recourse other than to seek court intervention, Accordingly, Deti;ndants request this
Honorable Court's assistance in resolving this matter,
14, Defendants' attomey is Orant H, Fleming, McQuaidc Blasko Law Offices, 600
Centerview Drive, Suite 5103, M,C, A560, Hershey, PA 17033, Attorncy for Plaintiff is
William p, Douglas, Esquire, Douglas, Douglas & Douglas, 27 West High Street, Carlisle, PA
17013.
WHEREFORE, Defendants respectfully request this Court to enter an Order directing
Plaintiff to provide full nnd complete answers to Defendants' Expert Witness Interrogatories
(including expert reports) within 20 days of the date of said Order or bc precluded from
producing lIny expert testimony lIgllinst Ilershey Mcdieal Ccntcr lind/or Dr, Thorndyke at the
trial of this rnnttcr,
Respcctfully submittcd,
McQUAIDE, BLASKO, SCHWARTZ,
FLEMINO & FAULKNER, INC,
By:
.
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Orant H, Fleming
Attorney for Defendants
600 Centerview Drive
Suite 5103, M,C, A560
Hershey, PA 17033
Dated: lc:>l~lol
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71 75311193
MCQUAIDE BLASKO
PAGE 02
IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
-CIVIL ACTION. LAW
VIRGINIA R. SUTER, Individually,
and VIRGINIA R. SUTER, as
,Atlmini!ltratrix of the Estate of
PAUL EDWARD SUTER, deceased,
) No. 97-1523 Civil Term '
)
)
)
)
)
)
)
)
)
)
)
) JURY TRIAL DEMANDED
PlaintifF
vs,
TIlE MILTON S. HERSHEY MEDICAL CENTER
and LUANNE E. mORNDYKE, M,D.,
Defendants
p~ANTS' EXPERT WITNESS INTERROGATORIES FOR ANSWER
BY PLAINTIFF
Defendants, by and through their attomcy3, McQuaide, B1a.sko, Schwartz, Fleming
& Faulkner, Inc., hereby requests Plaintiff to answer the following Expert Witness Interrogatories
within thirty (30) days pursuant to Rule 4003,5, These Interrogatories arc contimling and any
information that comes to your attention after the filing of'your Answers, which would have been
includable in the Answers had it been known or available, are to be supplied by Supplemental
Answers pursuant to Rule 4007.4.
INTERROGATORIES
1. Please identify each person whom you intend to call as an expert witness at the
trial of this case.
ANSWER:
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10/2G/2001 09:1G
7175311193
MCQUAIDE BLASKO
PAGE 03
.
2. Please cOllJider this I Request For Production and attach hereto the Curriculum
Vitae of each expClt witness identified in the preceding interrogatory and their written expClt'S
evaluation relating to this lawsuit.
ANSWER:
3, With regard to each expert witness identified in your answer to the preceding
interrogatory, please state:
a. the full and complete subject matter(s) on which you expect the expert will testify.
ANSWER:
b, the substance of each and every fact and opinion to which you expect the expert will
testify;
ANSWER:
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C. I.Sl1mmuy of the grounds for each opul1on referred to III your answer to the P~"'B':'>:;'i.,; ,\'};: ',:
',.' ", ~: f-:"(';'-:-:'-:'~_:.'-;:';_:/:"- :':';;
subparagraph (b) oflhis interrogatory;"':'-;?,:,.;.~~;; . ' '
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d, state the munber oftimcs this expert bas previously been retained for the purpose of
.
. ;
either rllVic:wing cases or for testifYins in cases for P1aintiffs' counselor by members of the law
firm to which Plaintiffs. coW15Cl belongs; and
ANSWER:
e. whether the facts and opinions to which the c:x:pert is c:x:pected to testify are contained in
any written document(s); if so, please consider this a Request for Production and attach hereto a
copy of each d()CUDlellt.
ANSWER:
McQUAIDE, BLASKO, SCHWARTZ,
FLEMING &. FAULKNER, INC.
'DATED: .1:./J1jl
BY:
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Charles Eppolito, m
. 8U University Drive
State CoUege, P A 16801
(814) 238-4926
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Defendants
) No, 97-1523 Civil Term
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) JURY TRIAL DEMANDED
,
IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA
CIVIL ACTION - LAW
VIRGINIA R, SUTER. Individually,
und VIRGINIA It SUTER. us
Administratrix of the Estate of
PAUL EDWARD SUTER. deceased.
Plaintitl'
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vs,
THE MILTON S, HERSHEY MEDICAL CENTER
und LOUANNE E, THORNDYKE, M,D,.
PRAECIPE FOR DISCONTINUANCE
Please mark all claims in the above-captioned matter as discontinued and ended, with
prejudice, us ugainst all Defendants. pursuant to Plaintiff's Praecipe dated February 7, 2002,
Respectfully submitted,
McQUAIDE, BLASKO, SCHWARTZ,
FLEMING & FAULKNER. INC, __
By:
Dated: ;'/13/0).
iN
Orant H, Flemlllg
Attorney for Defendants
600 Centcrview Drive
Suite 5103, M,C, A560
Hershey, PA 17033
IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
) No, 97-1523 Civil Tcrm
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) JURY TRIAL DEMANDED
VIRGINIA R, SUTER, Individually,
und VIRGINIA R, SUTER, us
Administratrix of the Estute of
PAUL EDWARD SUTER, dcccuscd.
vs,
THE MILTON S, HERSHEY MEDICAL CENTER
und LUANNE E, THORNDYKE, M,D..
Dcfcndunts
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) ss:
COUNTY OF DAUPHIN )
Grant H, Fleming, Esquire, attorney for Defendants, The Milton S. Hershey Medical
Center nnd Luanne E, Thorndyke, M,D.. in the above-caption cd matter, after having been duly
sworn according to law, deposes and says that a true und COITCCt copy of our Praecipc for
Discontinuance was mailed by regular mail at the post officc Hershey, Pennsylvania, postage
prepaid, this 13th day of February, 2002 to the following:
Sworn to and Subscribcd
before me this 13th day
of F bruary 2002,
McQUAIDE, BLASKO, SCHWARTZ,
FLEMINO & FAULKNER, INC.
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Orant ,Fleming
By:
William p, Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle. PA 17013
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3, On Novcmbcr 9, 2001, counsel for Defcndants forwardcd a copy of thc Order of
Court to Plaintifrs allomey William 1', Doughts (A copy of defcnsc counsel's corrcspondcnce is
all ached as Exhibit "C",)
4, As ofthc date of this Petition, Plaintiff has failcd to respond to Judgc Oler's
Order.
5, Accordingly, Defendants request this Honorablc Court to grant its Motion to
Compel Pursuant to Pa, R,C,P, 4019, and enter an Order directing Plaintlffto provide full and
complete answcrs to Defendants' Expert Witness Interrogatories (including expert reports)
within 20 days ofthe date of said Order or be precluded from producing any expert testimony
against Hershey Medical Center and/or Dr, Thorndyke at the trial of this matter,
Respcctfully submitted.
McQUAIDE, BLASKO, SCHWARTZ,
FLEMINO & FAULKNER, INC,
Dated: 2-/ {Z/ 02--
Orant ,Fleming
Attorncy for Defcnda s
600 Centerview Driv
Suitc 5103. M,C. A560
Hershey, PA 17033
,
By:
IN TilE COURT OF COMMON PI.EAS OF CUMllERl.AND COUNTY, PENNSYLVANIA
CIVIL ACTION - l.A W
VIRGINIA R, SUTER, Individually,
and VIRGINIA R, SUTER. as
Administratrix of the Estate of
PAUL EDWARD SUTER, deceased.
) No. 97-1523 Civil Tenn
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) JURY TRIAL DEMANDED
Plaintill'
vs,
THE MILTON S, HERSHEY MEDICAL CENTER
and LUANNE E, THORNDYKE. M,D"
Defendants
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
)
) ss:
)
COUNTY OF DAUPHIN
Grant 1-1, Fleming, Esquire, attorney for Defendants, The Milton S, Hershey Medical
Center and Luanne E, Thorndyke, M,D" in the above-captioned matter, after having been duly
sworn according to law, deposes and says that a true and corrcct copy of our Petition for Final
Ruling and Order on Defendants' Motion to Compel Pursuant to Pa, R,C,P 4019 was mniled by
regular mail at thc post office Hershey, Pcnnsylvania, postage prepaid, this 12th day of February,
2002 to the following:
William p, Douglas, Esquire
Douglas, Douglas & Douglas
27 Wcstlligh Street
Carlisle, P A 17013
McQUAIDE, BLASKO, SCHWARTZ,
FLEMING & FAULKNER, C.
Sworn to and Subscribed
beforc mc this 12th day
of February 2002,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA
CIVIL ACTION. LAW
VIRGINIA R, SUTER, Individually,
and VIRGINIA R. SUTER, as
Administratrix of the Estate of
PAUL EDWARD SUTER, deceased,
) No, 97-1523 Civil Term
)
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) JURY TRlAL DEMANDED
Plaintiff
vs,
THE MILTON S, HERSHEY MEDICAL CENTER
and LOUANNE E, THORNDYKE, M,D"
Defendants
DEFENDANTS THE MILTON S. HERSHEY MEDICAL CENTER AND
LOUANNE E. THOImDYKE. M.D.'S MOTION TO COMPEL PURSUANT TO
PA.R.C.P.4019
AND NOW, come the Defendants, by and through their attorneys, McQuaide, Blasko,
Schwartz, Fleming & Faulkner, Inc" and file the within Motion to Compel Pursuant to
Pa,R,C,P, 4019, By filing this Motion, Dcfcndants seek to obtain an Ordcr from this
Honorable Court requiring Plaintiff to provide rcsponses to their Expert Witness Interrogatories
(including expert reports) which were filed more than 2 V, years ago.
I. Brief Statement Identifying l'arties and ProcedurallFactual History of Case
I, The nbuve-captioned mcdical malpractice action was commenced on March 25,
1997 vin the filing ofa Writ of Summons in Cumberland County, indexed at No, 97-1523,
Thereafter, Plaintiff filed hcr Complnint on June 2, 1997,
2, The Plnintiffin thc instant action is Virginia Suter, Administratrix of the Estate
of Paul Suter.
3, Defendants are the Milton S, Hershey Medical Center and Louanne Thorndyke,
M,D,
4, Plaintiff allegcs negligencc in eonjunctioll with an uppcr gustroilltcstional scrics
which her husband undcrwent shortly after his admission to thc Medical Ccntcr on March 27.
1995,
5, Specifically, Plaintiff contcnds that her husband aspirated during the study and
ultimately died as n result of aspiration pncumonia,
6, Plnintiff asserts that Delendants should have completed a swallowing study on
Mr, Suter prior to doing thc upper GJ serics, given his history of swallowing difficulties,
II. Motion to Compel Plaintiff to Provide Responses to Expert Witness Interrogatories
7, On FcbruJry 10, 1998, Defcndants tiled Expert Witness Interrogatories seeking
inter alia, the identity of each person Plaintiff intends to call as an expert witness at the trial of
this case; expert reports; bases for expcrt opinions; and, other discoverablc information (A copy
of Defendants' Expert Witness Interrogntorics For Answer by Plaintiff are attached hcreto and
labeled Exhibit UAU),
8, As of the dntc ofthc filing of this Motion (over 2 It, years from the filing of these
Interrogatories), Plaintiff has failcd to provide answers to these Interrogatories, and Defendants
have yet to be informed of the specific expcrt witness(es) Plaintiff intends to call at the trial of
this case, or said expert's opinions,
9. Given the fact that this action was initiated over four (4) years ago, and
Defendants served Expert Witness Interrogatories over 2 It, years ago, Plaintiff has had more
than ample opportunity to secure an expert to support her thcory of negligence,
10, Without said expert opinions, Dcli:ndants are unable to proceed with the
fundamental aspects of their case, including the preparation ofa defense to Plaintiffs claims,
11, Pursuant to Pennsylvania Rule of Civil Procedure 40 19(a)( I), the Court may
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make an appropriate order if: "(i) a party fails to serve answers, sufficient answers or objections
to written interrogatories under Rule 4005",
12, Additionally, pursuant to Pennsylvania Rule of Civil Procedure 4003,5,
"Discovery of Expert Testirnony, Trial Preparation Materinl":
~
b. "If the identity of an expert witness is not disclosed in compliance with
subdivision (a) (I) of this rule, he shnll not be permitted to testify on
behalf of the dcfaulting party at the trial of this action..,"
)3, Thus far, Defendants have been unable to amicably resolve this discovery issue,
'and have no recourse other than to seek court intervention, Accordingly, Defendants request this
Honorable Court's assistance in resolving this matter,
14, Defendants' attorney is Grant H, Fleming, McQuaide Blasko Law Offices, 600
Centerview Drive, Suite 5103, M,C, A560, Hershey, P A 17033, Attorney for Plaintiff is
William p, Douglas, Esquire, Douglas. Douglas & Douglas, 27 West High Street, Carlisle, PA
17013,
WHEREFORE, Defendants respectfully request this Court to enter an Order directing
Plaintiff to provide full and complete answers to Defendants' Expert Witness Interrogatories
(including expert reports) within 20 days of the date of said Order or be precluded frorn
1e/2G/2ee1 e9:16
7175311193
~ICQUAIDE BLASKO
PAGI:. ~'L
IN TIiE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
.CIVIL ACTION - LAW
VIRGINIA R. SUTER, Individually,
and VIROINIA R. SUTER, as
. }rlnnni'ltratrixofthc Estate of
p AUL EDWARD SUTER, deceased,
) No, 97-1523 Civil Term .
)
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) JURY TRIAL DEMANDED
Plaintiff
vs.
TIiE MILTON S. HERSHEY MEDICAL CENTER
and LUANNE E. lHORNDYKE, M.D.,
Defendants
pEFENDANfS' EXPERT WITNESS TNTP.RROGATORIES FOR ANSWER
BY PLAINTIFF
,
Defendants, by and through their attomcy3, McQuaide, Blasko, Schwartz, Fleming
& Faulkner, Jnc" hereby requests Plaintifi'to answer the following Expert Witness Interrogatories
within thirty (30) days pursuant to Rule 4003,5, These Interrogatories arc contim,i'1g and any
information that comes to your attention after the filing of your Answers, which would have been
includable in the Answers had it been Icnown or available, are to be supplied by Supplemental
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Answers pursuant to Rule 4007.4.
INTERROGATORIES
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}, Please identify each person whom you intend to call as an expert witness at the
trial oftbis case.
ANSWER:
~
10/26/2001 09:16
7175311193
~ICQUA IDE BLASKO
t"'Aut.. c::u
.
2, Please consider this il Request For Production and attaCh hereto the Curriculum
Vitae of each expert witness identified in the preceding interrogatory and their written expert'a
evaluation relating to this IawsuiL
ANSWER:
3, With regard to each expert witness identified in your answer to the preceding
interrogatory, please state:
a. the full and complete subject maner(s) on which you expect the expert will testify;
ANSWER:
b, the substance of each and every fact and opinion to which you expect the expert will
testify;
ANSWER:
c, a. '"mm~ry of the grounds for each opinion referred to in your answer to the preceding
subparagraph (b) of this interrogatory;
ANSWER:
,~
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10/26/2001 09:16 7175311193
MCQUAIDE BLASKO
I""I4\;;1Co U:J
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IN mE COURT OF COMMON PLEAS OF CUMBERI.A.'ID COUNTY, PENNSYL V AJ.'flA
. .
Derendauts
) No. 97-1523 Civil TenD.
)
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) CIVIL ACTION - LAW
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) JURY TRIAL DEMANDED
I
I'
VIRGINIA R SUTER, Individually,
and VIRGINIA R SU'I'ER. u
Adminimatrlx of the Emte of
PAUL EDWARD surER, deceased,
Plpmrif\
'n.
1lIE MILTON S, HERSHEY MEDICAL CENIER
and LUANNE E. THORNDYKE, MoD"
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) ":
COUNTY OF CENTRE )
l, Charles Eppolito, In, Esquire, AttrJmcy fur Defc:J,l.nto in the above captioned matter,
after having been duly SWOrIl according to law, deposes and says that a trUe and '-"" e.::l copy of
Dcf'c:nd.aIIts' Expert Witness IJIterrogatories for AJJswer by pl.;nI'iffiI were mailed by regular mail "'.
at the post office State College, pcnnsyMaia, postage prepaid, this 10th day ofFcbnwy, 1998,
. to the attomcy of record;
WilliamP, Douglu, Esquire ~..
Douglas, Douglas &: Douglas
27 West High Street
Carlialc, PA 17013
to aDd Subscibed
M~U.jl~O -
By: ~t!Pn1l a.&.
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Exhibit B
VIRGINIA R. SUTER,
Individually, and
VIRGINIA R. SUTER, as
Administratrix of the
Estate of PAUL EDWARD:
SUTER, deceased,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
TIlE MILTON S.
HERSHEY MEDICAL
CENTER and LOUANNE :
E. THORNDYKE, M.D.,
Defendants
NO. 97-1523 CIVIL TERM
ORDER OF COURT
AND NOW, this SIl1 day of November, 2001, upon consideration of Defendants
The Milton S. Hershey Medical Center and Louanne E, Thorndyke, M,D. 's Motion To
Cornpel Pursuant To Pa. RC.P. 4019, a Rule is hereby issued upon Plaintiff to show
cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY TIlE COURT, .
William P. Douglas, Esq.
27 West High Street
Carlisle, PA 17013
Attorney for Plaintiff
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MCQUAIDE BLASKO
ATTORNEYS AT LAW
600 Ceal.rvl.w Orl... M.C. AS60' Sull. S103, lI.nh.y, P.nn.ylva.la 17033-1903
811 Unlversily Drive. Slate Colle8e,I'ennsylvwIia 16801-6699
717-SJI-1 t99 FAX 717-SJI-119J
814-238-4926 FAX 814-234-5620
www.mcquaideblasko.com
Novcmbcr 9, 200 I
Via First Class Mall
William P. Douglas, Esquirc
Douglas, Douglas & Douglas
27 Wcst High Street
Carlisle, PA 17013
In Re: Suter v. The Milton S. Hershey Medical Center, et al.
Dear Mr, Douglas:
Enclosed pleasc find an Order of Court dated November 5, 2001 rcgarding Defendants'
Motion to Cornpel Pursuant to Pa, R,C,P, 4019 in the above-rcfcrcnccd action. In accordance
with the Ordcr, Plaintiff has twenty (20) day. from the date of service in which to file a response.
Thcrcfore, we look forward to rcceiving your rcsponse on or beforc November 29, 2001.
Very truly yours,
McQUAIDE BLASKO
By:
Dcanna M, Hocy, lcgal assistant
:dmh
Enclosurc
MCQUAID!, BLASKO, SOIWARTZ. FUMING'" FAULKNER, INC.
J.W,Dluko ThcnuR.SdI-.rn e....1I F1aninl ... Mlltf8UIb. o..,jdM.Wcl.d 51ft_S.lluMtI ,__M.IIllI.. W......IV,~ IMIyILSliaak WIrt..... DllWI......
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Way_L.M;rw.y,It PundaA ~ ""tAdl.! K.w A..IIl",lIha.ltluidl CIMuL.GlIINI.llIrt lldlatdlt.La.a Jot.llTaytor ......1..... ~.N.bII
JohnO.l.cM (Im.I9M) IlD, Wilkill..... h. (1915.'"') Ddbert' McQuItd.(1916-199T)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Defendants
) No. 97-1523 Civil Term
)
)
)
)
)
)
)
)
)
)
)
) JURY TRIAL DEMANDED
VIRGINIA R, SUTER, Individually,
and VIRGINIA R, SUTER, as
Administratrix ofthe Estate of
PAUL EDWARD SUTER, deceased,
Plaintiff
vs,
THE MILTON S. HERSHEY MEDICAL CENTER
and LOUANNE E, THORNDYKE, M,D"
r
PRAECIPE FOR DISCONTINUANCE
Please mark all c1airns in the above-captioned rnatter as discontinued and ended, with
prejudice, as against all Defendants, pursuant to Plaintiff's Praecipe dated February 7, 2002,
Respectfully submitted,
McQUAIDE, BLASKO, SCHWARTZ,
FLEMINO FAULKN C,
By:
Dated: ~1111()},..
Or t H. Flemmg
Attorney for Defend ts
600 Centerview Dri e
Suite 5103. M,C. 560
Hershey, P A 17033
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