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16. In civil cases such as this one, the Plaintiffs have the
burden of proving those contentions which entitle them to relief.
In addition, the Defendants have the burden ft proving those
contentions which they alleges should bar Pl~~iffS' recovery.
/
When a party has the burden of proof' on a particular issue,
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his or her contention on that issue must be established by a fair
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preponderance of the evidence., 'The evidence establishes a
contention by a fair preponder,a'nce of the evidence if you are
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persuaded that it is more prob~bly accurate and true than not.
,
,
,
To put it another way/ think, if you will, of an ordinary
i'
,
balance scale, with a pan pn each side. Onto one side of the scale,
place all of the evide te favorable to t~e Plaintiffs; onto the
other, place all of t evidence favorable to the Defendants. If,
after considering th comparable weight of the evidence, you feel
ever so slightly or to the slightest degree,
in favor of
Plaintiffs, your verdict must be for the
Plaintiffs. If e scales tip in favor of the Defendants, or are
equally , your verdict must be for the Defendants.
In Plaintiffs have the burden of proving that
the
s were negligent, and that their negligence was a
factor in bringing about the accident and Plaintiffs'
If, after considering all of the evidence, you feel
damages.
persuaded that these propositions are more probably true than not
true, your verdict must be for the Plaintiffs. Otherwise, your
verdict should be for the Defendants.
Pa.SSJI (Civ) 5.50
. .
. "
.
25. The phrase "pain and sUffering" includes not only physical
pain, but also emotional reactions to accidents and their
consequences. In calculating damages for pain and suffering, you
may include the following:
(a) Mental pain and distress;
(b) Fear and shock;
(c) Anxiety;
(d) Frustration; and
(e) De....~"..J..en.
- '""'"
Niederman v. Brodsky, 436 Pa. 401, 261 A.2d 84 (1970); Corcoran v.
McNeal, 400 Pa. 14, 161 A.2d 367 (1960); Walsh v. Brody, 220
Pa.Super. 293, 286 A.2d 666 (1971).
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DALE E. KORTZE, JR. and
MARGARET ANN KORTZE,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-2259 Civil Term
MARTHA H. SMITH and
DENNIS W. HOESCH,
Defendants
CIVIL ACTION - LAW
MOTION IN LIMINE TO PRECLUDE
EXPERT TESTIMONY OF DR. BRUCE GOODMAN
AND NOW, come the Plaintiffs, Dale E. Kortze, Jr. and
Margaret Ann Kortze, by and through their attorneys, Wix, Wenger
& Weidner and file this Motion in Limine to Preclude Expert
Testimony of Dr. Bruce Goodman, stating the following:
1. Plaintiffs commenced this action on or about May 1, 1997,
claiming damages as a result of personal injuries sustained
by Margaret Ann Kortze in a motor vehicle accident that
occurred on May 3, 1995 (the "Accident").
2. Trial is scheduled to begin July 12, '1999.
3. As a result of the injuries she sustained in the Accident,
Plaintiff, Margaret Ann Kortze, was treated by Central
Pennsylvania Rehabilitation Services from September 15, 1995
through March 6, 1996.
4. As a result of the injuries she suffered in the Accident,
Plaintiff, Margaret Ann Kortze, was treated by Dr. John
Homza from February 20, 1997 through August 12, 1997, with
several subsequent visits.
5. Defendant, Martha H. smith intends to call Bruce Goodman,
M.D. as an expert via a videotaped deposition.
6. In his deposition, Dr. Goodman testified that:
(a) Mrs. Kortze's injuries from the Accident were resolved
within six to twelve weeks after the Accident (Goodman
Deposition, pages 22-23, 28); and
(b) The treatments rendered to Mrs. Kortze by Central
Pennsylvania Rehabilitation Services, more than sixteen
weeks after the Accidentr were ~nrelated to the
injuries she sustained in the Accident (Goodman
Deposition, pages 26-27).
Copies of the relevant cited pages of Dr. Goodman's
deposition are attached hereto as Exhibit A and incorporated
herein by reference.
7. A logical inference from Dr. Goodman's testimony is that
because the treatments by Dr. John Homza occurred later than
the treatments by Central Pennsylvania Rehabilitation
Services, they were likewise unrelated to the injuries
Margaret Ann Kortze sustained in the Accident.
8. On or about January 29, 1999, pursua~t to Pa.R.Civ.P. No.
4014, Plaintiff served upon Defendant Smith, and Defendant,
Dennis W. Hoesch (herein, "Hoesch"), Request for Admissions.
9. Plaintiffs' Request number 11 stated:
As a result of the injuries she sustained in
the Accident, Plaintiff, Margaret Ann Kortze,
2
was treated by Central Pennsylvania
Rehabilitation Services.
10. Defendants Smith and Hoesch admitted without qualification
Plaintiffs' Request number 11 as being true.
11. Plaintiffs' Request number 13 stated:
As a result of the injuries she sustained in
the Accident, Plaintiff, Margaret Ann Kortze,
was treated by Dr. John Homza.
12. Defendants smith and Hoesch admitted without qualification
Plaintiff's Request number 13 as being true. Copies of
relevant pages from Plaintiffs' Request for Admissions and
Defendants' Answers are attached hereto as Exhibit Band
incorporated herein by reference.
13. Pursuant to Pa.R.civ.p. No. 4014(d), any matter admitted is
conclusively established.
14. A jUdicial admission is an express waiver made in court or
preparatory to trial by a party or his attorney, conceding
for the purposes of trial, the truth of the admission. It
has the effect of a confessory pleading, in that the fact
asserted is thereafter to be taken for granted, so that the
opposing party need offer no evidence to prove it and the
party by whom the statement was made is not allowed to
disprove it. Dible v. Vagley, 417 Pa. super. 302, 313, 612
A.2d 493, 498 (1992); Jewelcor Jewelers and Distributors,
Inc. v. Corr, 373 Pa. Super. 536, 542, 542 A.2d 72, 75
(1988) .
3
BRUCE GOODMAN, M.D.
JUNE 30,1999
Page 22
I you'll h~ar noises Iik~ Ihal, Sh~ didn'l have any of
2 Ihat.
3 She had a full range of motion in the
4 shoulder in tenns of Iifling it in fronl and from the
5 side, She didn't have any suggestion of any
6 impingemenl syndrom~, which is a probl~m sometim~s you
7 can have in the shoulder, bUI she didn't have it.
8 I found that her ability to take her ann
9 and move it in back was pn:ctudcd by about a
10 dclcnninable 10 dt.'gn:cs, In other words, it didn't go
11 back quite as far as the opposite extremity,
12 Q As far as hcr cervical examination, how
13 would you characterire it from an objcctive standpoint?
14 A II was nonna!.
15 Q She had somc subj.'Cli ve complainls?
16 A Ycs.
17 Q Now, bast.'d upon the history that you
18 obtaincd and having reviewed the m.'<Iical records and
19 taking a history from her that day, did you fonn an
20 opinion within a reasonable dcgrcc of m.'<Iical certainty
21 as 10 what injuries she sustained as a result of the
22 May 3, 1995 accident'!
23 A As a result of reviewing the records and
24 th<'l1 examining her somelimc after her accitk.'l1t, it
25 would appear to me with a reasonable degree of mcdical
Page 23
I certainty in accordance with everything that was
2 wrilten, Ihat she had sustained a cervical strain
3 din.'ctly and causally related to the molor vchicular
4 accid.'l1t of May the 3rd, 1995,
5 Q Doclor, what is Ihe nonnal course that
6 one would expecI to see of a patienl who has a cervical
7 strain?
8 A Well, the nonnal, uncomplicated cervical
9 slrains, a strain anywhere in the low back too, should
10 resolve wilh or without trealm<'IIt, and being g<'IIcrous,
II I'd say in 610 12 weeks, Some people think it's less
12 than that period of time,
13 Q Doclor, do you have an opinion wilhin a
14 reasonable d<'!ln.'C of medical certainly as 10 what would
15 be Ihe cause of any symptomatology that Mrs, Korl1e may
16 have loday'>
17 A If this lady is having discomfort in her
18 n<'Ck, and she certainly appears to me 10 be a valid
19 historian, and she's an intelligent woman and mosl
20 eooperalive, hUI if she is having symploms loday, then
21 it is on faclors other than the cervical strain,
22 And hy virtue of the fact thai she has
23 had some degenerative disease nOled in her neck. I
24 would suspeel Ihalthal would be Ihe mosllikcty
25 diagnosis
Multi-Page '"
Page 24
I MR, NEALON: That's alii have.
2 CROSS.EXAMINA TION
3 BY Mlt WILLIAMS:
4 Q Doctor, you evaluatcd Mrs. Kortzc on May
5 26, 1999, correct'!
6 A That is corrccl.
7 Q Some four years after the accident'!
8 A Yes,
9 Q And you testified that at the time of
10 your evaluation she did indicate to you that she still
II had some pain and discomfort in the neck and the
12 shoulder areas'!
13 A Yes, she did.
14 Q And in fact, on your examination you
15 found that there was some tenderness in those areas,
16 correct?
17 A Yes.
18 Q And you would agree with me, would you
19 not, that those subjcctive complaints would be
20 consistent with the same kind of injury that she
21 incurred at the time of the accident?
22 A The subjcctive complaints she had could
23 have been associated with the cervical strain at the
24 time of the accident, sure,
25 Q Okay. Now, you mentioned some
(
Page 25
I degenerative changes. And in response to Mr. Nealon's
2 question you indicated that it's your belief that if
3 she's experiencing these .. these discomforts and pains
4 today, that it's more likely related to the
5 dcgenerative changes'!
6 A I.. 1 don't think I said if. 1 have --
7 I'm not questioning this lady. I think this lady has
8 valid complaints. I just want to clarify thaI.
9 Q Okay. But your conclusion is that
10 they're related to degenerative changes as opposed to
II the automobile accidcnt'!
12 A 1 think that's the most likely scenario,
13 yes.
14 Q Okay. You also testified earlier that
15 once we hit 20 we all experience degenerative changes'!
16 A Yes.
17 Q And you would agree with me, would you
18 not, that not everyone who experiences these
19 degenerative changes have the discomfort and the pain
20 that Mrs. Kortzc has e~pressed'!
21 ^ I would agree with thaI.
22 Q The complaints that Mrs, Kortzc made as
23 indicated in her records that you've reviewed. would
24 you agrce with me that those arc consistent with the
25 diagnosis that's contained in those rccords?
HUGHES, ALBRIGHT, FOLTZ & NATALE
717-540-0220\7 I 7-393-5 101
Pagc 26
')
I ^ Of hcr past records'!
2 Q Ycs.
3 ^ Ycs.
4 Q Now, you mcntioncd physical thcrapy.
5 Mrs. Kome wcnt through physical thcrapy for somc
6 timc; isn't that corrcct'!
7 ^ Are you talking about physical thcrapy or
8 therapy with the chiropractic'!
9 Q No, the physical thcrapy'!
10 ^ Shc had physical therapy, ycs.
II Q And according to the records, that began
12 in Septcmber of 1995; is that correc!'!
13 ^ I'd havc to check that. It sounds right.
14 Q Wcll, Ict mc ask you to takc a look at
15 pagc 3 of your report.
16 ^ I think u ycs.
17 Q Okay. And that u at thc timc that shc
18 began those treatmcnts, that was about 16 wceks aftcr
19 the accidcnt, correct'!
20 ^ Ycs.
21 Q And you didn't see anything in the
22 records that would indicatc that she was not
23 cxpericncing the pain and discomfort at that timc
24 period, did you'!
25 ^) don't havc any record from that period
)
Pagc 27
I of timc to revicw. The office note that I saw prior to
2 that refcrred to Junc, July.
3 Q And she treatcd with physical therapy
4 until March of '96'!
5 ^ That's right,
6 Q And you don't havc any reason to qucstion
7 the nced for that physical therapy during that timc
8 period?
9 ^ Ycs,) do.
10 Q You do havc qucstion'!
II ^ Sure.) think that is -- ) think from
12 Septcmber through March, if my mathematics is correct,
13 is about six months of physical therapy. ) don't think
14 )'vc cvcr treatcd a paticnt that wasn't in a major
15 accidcnt with six months of physical therapy. And
16 certainly) think that that would not be the standard
17 of care as of today.
18 Q Okay. And you tcstificd carlicr that at
19 the timc of the accidcnt Mrs. Kortzc was sitting still
20 at a red light?
21 ^ That's what she told mc, ycs.
22 Q And thc information that you revicwcd,
23 did you -- was there any indication in the information
24 you revicwcd as to how fast the car was traveling that
25 struck her'!
HUGHES, ALBRIGHT, FOLTZ & NATALE
717-540-0220\7) 7-393-51 01
M 1. P '"
u It- age
BRUCE GOODMAN, M.D.
JUNE 30, 1999
Pagc 28
I ^ If thcrc was, I didn't makc a notc of it.
2 Q Okay, So--
3 ^ Obviollsly it was cnough to movc hcr. Shc
4 had hcr foot on thc brakc, but it was still cnough to
5 movc hcr into thc car immcdiatcly in front.
6 Q Okay. So whcn you mcntioncd scrious
7 accidcnt a fcw minutcs ago, you don't really havc any
8 objectivc information to cvaluatc how bad thc collision
9 that occurred was'!
10 ^ That's corrcct. But when I'm talking
II about scrious accidcnt, I'm talking about paticnts with
12 multiplc injurics vcrificd by x-ray, fractures and that
13 sort of thing, dislocations, subluxations, soft tissuc
14 injurics.
15 Q You indicated carlier, and also indicated
16 in the report that you provided to Mr. Ncalon, that the
17 typc of injury that Mrs. Kortzc cxpericnced would
18 usually abatc with or without treatmcnt within 6 to ) 2
19 weeks'!
20 ^ Ycah,) think that's a vcry fair
21 statcmcnt. I think that's a liberal statemcnt.
22 Q It ccrtainly doesn't mean that cvcryonc
23 that has that type of injury is going to be fully cured
24 within that timc period, would you agree with that?
25 ^ The two words that we tcach mcdical
Pagc 29
I studcnts ncvcr to U5C, onc word is ncvcr, and onc word
2 is always. So in answcr to your qucstion, ) can't u I
3 will ncvcr statc catcgorically the word ncvcr. And
4 I'vc been around long cnough not to use the word
5 always.
6 Q Would you agree with Dr. Hornza that
7 approximatcly 90 percent of peoplc with this type of
8 injury heal within that time period, but there's a
9 approximatcly ten percent that do not'!
10 ^ No,) wouldn't agree with that. ) think
II it's much less than that. ) don't know the cxact
12 percentagc, but in my own practice) would find that
13 much, much, much less than that.
14 Q Okay. You would agree that thcre is somc
15 percentagc of peoplc who do not cure within that 6 to
16l2wccks'!
17 ^ I think there are somc individuals who
18 would not be cured at the cnd of 6 or 12 wceks, ycs,
19 Q In July of 1996 you indicatcd when Mrs,
20 Kortzc wcnt to hcr family physician again she
21 complaincd again of the samc typc of pain and
22 discomfort that shc had complaincd of right after thc
23 accidcnt'!
24 ^ Ycs,
25 Q Okay, And again, that samc type of pain
Pagc 26 . Pagc 29
DALE E. KORTZE, JR. and
MARGARET ANN KORTZE,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-2259 Civil Term
MARTHA H. SMITH and
DENNIS W. HOESCH,
Defendants
CIVIL ACTION - LAW
PLAINTIFF'S REOUEST FOR ADMISSIONS
TO: James G. Nealon, III, Esquire, Nealon & Gover, 301 Market
Street, 9th Floor, P.O. Box 805, Harrisburg, PA 17108 and
James F. Carl, Esquire, Metzger, Wickersham, Knauss & Erb,
3211 North Front Street, Harrisburg, PA 17110
Pursuant to Pa.R.C.p. No. 4014, plaintiff, by their
attorneys, hereby requests that Defendants make the following
admissions within thirty (30) days after service, for the
purposes of this action only and subject to all pertinent
objections as to relevancy which may be interposed at the trial
of this case. Responses to these requests are to be served upon
Plaintiffs' attorney within thirty (30) days after service.
INSTRUCTIONS
1. These requests for admissions are directed to the
Defendants, her/his agents, servants, assigns,
representatives, past and present, and unless privilege is
claimed, each and every attorney, past and present, of each
and every such individual or entity. As used herein,
"Defendant," "you" and "your" means the Defendant to which
these requests for admissions are addressed, her/his agents,
servants, assigns, representatives, past and present, and
each and every attorney, past and present, of each and every
such individual or entity.
2. These requests for admissions encompass all information,
documents and records that are in the possession, control,
or custody of Defendants.
3. If any objections are made to any request for admission, the
reasons therefor shall be specifically stated.
4. If there is any claim of privilege relating to any request
to admit, you shall set forth fully the basis for the claim
of privilege, including the facts upon which you rely to
support the claim of privilege in sufficient detail to
permit the court to rule on the propriety of the privilege.
-,j '.!":'<-."
5. As a direct and approximate result of the Accident,
plaintiff, Margaret Ann Kortze, sustained the injuries
indicated in the medical records attached hereto.
6. plaintiff, Margaret Ann Kortze's, injuries were
directly and proximately caused by the collision in the
Accident.
7. As a result of the injuries she sustained in the
Accident, plaintiff, Margaret Ann Kortze, was taken by
ambulance to, and examined at, Holy Spirit Hospital.
S. The examination and treatments provided by Holy spirit
Hospital, as set forth in the medical records attached
hereto, were reasonable and necessary because of the
injuries plaintiff, Margaret Ann Kortze, sustained as a
result of the Accident.
9. As a result of the injuries she sustained in the
Accident, plaintiff, Margaret Ann Kortze, was treated
by Dr. Janet cincotta, her family physician.
10. The examination and treatments provided by Dr.
cincotta, as set forth in the medical records attached
hereto, were reasonable and necessary because of the
injuries Plaintiff, Margaret Ann Kortze, sustained as a
result of the Accident.
11. As a result of the injuries she sustained in the
Accident, plaintiff, Margaret Ann Kortze, was treated
by Central Pennsylvania Rehabilitation Specialists.
12. The examination and treatments provided by central
pennsylvania Rehabilitation Specialists, as set forth
in the medical records attached hereto, were reasonable
and necessary because of the injuries Plaintiff,
Margaret Ann Kortze, sustained as a result of the
Accident.
13. As a result of the injuries she sustained in the
Accident, Plaintiff, Margaret Ann Kortze, was treated
by Dr. John Homza.
14. The examination and treatments provided by Dr. John
Homza, as set forth in the medical records attached
hereto, were reasonable and necessary because of the
injuries Plaintiff, Margaret Ann Kortze, sustained as a
result of the Accident.
-4-
DALE E. KORTZE, JR., and
MARGARET ANN KORTZE,
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
v.
: NO. 97.2259
: CIVIL ACTION . AT LAW
RALPH E. SMITH and
MARTHA H. SMITH and
DENNIS W. HOESCH,
DEFENDANT
: JURY TRIAL DEMANDED
RESPONSE OF THE DEFENDANT. MARTHA H. SMITH.
TO PLAINTIFF'S REQUEST FOR ADMISSIONS
A.
1. The authenticity of these documents is admitted, However, Defendant,
Martha H. Smith, objects to the admissibility into evidence of the documents unless the
relevancy of the documents is established by competent testimony or other evidence.
Furthermore, Defendant objects to the medical bills to the extent that they have been
paid by any source, and therefore, are not recoverable pursuant to Pa, C.S.A. 91722.
In addition, Defendant objects to the admission into evidence of the medical records in
their entirety as the records contained, in part, inadmissible hearsay.
B.
1. Admitted.
2, Admitted.
3, Admitted.
4, Admitted.
5. Denied.
." I ",,' .. -... 'J' _
MARGARET ANN KORTZE and
DALE E, KORTZE. JR.,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
NO. 97-2259 Civil Tenn
v.
MARTHA H. SMITH and
DENNIS W. HOESCH,
CIVIL ACTION - LAW
Defendants
JURY TRIAL DEMANDED
RESPONSE OF DEFENDANT. DENNIS W. HOESCH.
TO PLAINTIFFS' REOUEST FOR ADMISSIONS
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
~ C-J/
J es F. Carl, Esquire
A orneyl.D. No. 01616
3211 North Front Street
P.O, Box 5300
Harrisburg. P A 171 10-0300
(717) 238-8187
Attorneys for Defendant.
Dennis W. Hoesch
Date:
:J.J :2.'2../ ""1'1
I f
0001"'.' M, U901J./
",
10. Objected to on the basis that this request for admission requires the Defendant, 0
lay person, to render 0 medical opinion for which he is unqualified. Therefore, the request is
denied,
11. Admitted.
12. Objected to on the basis that this request for admission requires the Defendant, a
lay person, to render a medicol opinion for which he is unqualified. Therefore, the request is
denied.
13. Admitted.
14. Objected to on the basis that this request for admission requires the Defendant, a
lay person, to render a medical opinion for which he is unqualified. Therefore, the request is
denied.
17. Objected to on the basis that this request for admission requires the Defendant, a
lay person, to render a medical opinion for which he is unqualified. Therefore, the request is
denied.
18. The Defendant has no reason to question the authenticity of the documents set
forth in A. 1. of the Plaintiffs Request for Admissions. However, the Defendant objects to their
admissibility into evidence at trial unless the proper foundation is laid by medical testimony or
other evidence. These documents contain medical opinions, which are hearsay unless supported
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DALE E, KORTZE, JR., and
MARGARET ANN KORTZE,
PLAINTIFFS
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
v.
: NO. 97-2259
: CIVIL ACTION - AT LAW
RALPH E. SMITH and
MARTHA H. SMITH and
DENNIS W. HOESCH,
DEFENDANT
: JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY:
Please enter the undersigned's appearance on behalf of the Defendant,
Ralph and Martha Smith, with regard to the above-captioned matter.
Respectfully submitted,
NEALON & GOVER
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By:
James G. Nealon, III, Esquire
Atty. 1.0.#46457
301 Market Street - 9th Floor
P.O. Box 865
Harrisburg, PA 17108-0865
(717) 232-9900
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6. The events and circumstances hereafter referred to as the
"Accident" occurred on or about May 3, 1995, at approximately
5:25 p.m. on Route 114 in Silver Spring Township, Cumberland
County, Pennsylvania.
7. At all times relevant hereto, Plaintiff, Margaret Ann Kortze,
was the operator of a 1990 Ford Taurus, which was at a
complete stop behind other vehicles and in observance of a
traffic light near the intersection of Route 114 and Sporting
Green Drive in Silver Spring Township.
8. At all times relevant hereto, Plaintiff, Dale E. Kortze, Jr.,
was registered owner of the vehicle being operated by Margaret
Ann Kortze.
9. At all times relevant hereto, Defendant, Martha H. Smith, was
the owner and operator of a 1990 Pontiac Grand Prix, which she
was driving in a westbound direction on Route 114 in Silver
Spring Township, Cumberland County, Pennsylvania.
10. At all times relevant hereto, Defendant Dennis W. Hoesch was
the owner and operator of a 1990 Buick Lesabor, which he was
driving in an eastbound direction on Route 114 in Silver
spring Township, Cumberland County, Pennsylvania.
11. The Accident occurred when Defendant, Hoesch's vehicle
collided into Plaintiffs' vehicle. Plaintiffs believe and
therefor aver, that prior to the collision into Plaintiffs'
vehicle, Defendants either collided into one another, or
2
19. As a result of the aforesaid injuries, Plaintiff was forced to
undergo medical treatment in an effort to restore herself to
health, and she avers that she may be forced to undergo other
treatments in the future, and claim is made therefor.
20. As a result of the Accident, Plaintiff has incurred a great
deal of financial expenses, including but not limited to,
medical expenses, loss of wages and/or earning capacity,
medications, and other expenses.
21. As a further result of the Accident and the resulting
injuries, Plaintiff has sustained a severe limitation on her
pursuit of her daily activities, all to her and her family's
loss and detriment. said losses will continue for an unknown
time into the future.
WHEREFORE, Plaintiff, Margaret Ann Kortze, respectfully
requests that this Honorable Court enter judgment in her favor and
against Defendants, jointly and severally, in an amount sufficient
to compensate her for her injuries, losses, and damages, together
with costs, interest, and such other relief as this Court deems
just and appropriate.
COUNT II
Plaintiff, Dale E. Kortze, Jr. V. Defendants
22. Paragraphs 1 through 21 of Plaintiffs' Complaint are
incorporated herein by reference as if fully set forth.
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II. Admittcd.
12-13, Aftcr rcasonablc invcstigation, Dcfcndant is without knowlcdgc or
information suflicicntto form a bclicf as to thc truth of thc avcrmcnts of paragraphs 12
and 13 of thc Complaint. and said avcrmcnts arc. thcrcforc. dccmcd dcnicd and proof
thcrcof is dcmandcd.
COUNT I
MARGARET V. KORTZE V. DEFENDANTS
14. Answcrcd in accordancc with paragraphs 1 through 13 abovc.
15. Thc avcrmcnts of paragraph 15 of thc Complaint constitutc a Icgal
conclusion to which no answcr is rcquircd; howevcr. should an answcr bc rcquircd,
said avcrmcnts arc denicd.
16. All ncgligencc and carclcssncss on thc part of thc Dcfendant Hocsch is
denicd; rathcr. it is avcrrcd that hc cxerciscd duc and propcr carc and opcratcd his
vchiclc in a prudcnt and rcasonablc manncr and at a safc speed at all times. Thc
avcrmcnts of paragraph 16(a), (b). (c). (d), (c), (t). (g). (h), (i), and (j) constitutc
conclusions of law to which no answcr is rcquircd; howcvcr. should an answcr bc
requircd. said avcrmcnts arc dcnied.
17-21. Aftcr rcasonable invcstigation, Defcndant is without knowlcdgc or
information suflicicntto form a bclicf as to thc truth of thc avcrmcnts of paragraphs 17.
18, 19, 20. and 21 of the Complaint. and said avcrmcnts arc. thercforc. dccmcd dcnied
and proof thercof is demanded.
f)O("J,IIIt".tN
WHEREFORE, Defendant, Dennis W. Hoesch, respectfully requests tlmt Count
I of the Complaint be dismissed and that judgmelll be entered in his favor.
COUNT II
DALE E. KORTZE. JR. V. DEFENDANTS
22. Answered in accordance with pamgmphs I through 21 above.
23-25. Any and all negligence on the part of the Defendalll Hoesch is denied.
Rather. it is averred that he exercised due and proper care and operated his vehicle in a
prudent and reasonable manner and at a safe speed at all times. After reasonable
investigation. Defendant is without knowledge or infonnation sufficient to form a belief
as to the truth of the remaining avennents of paragraphs 23, 24. and 25 of the
Complailll, and said avennents are, therefore. deemed denied and proof thereof is
demanded.
WHEREFORE. Defendant, Dennis W. Hoesch, requests that the Complaint be
dismissed and that judgment be entered in his favor.
NEW MATTER
26, The injuries and damages allegedly suffered by the Plaillliffs were not
caused by any acts, omissions, or breaches of duty on the part of the Defendant
Hoesch, but were caused in whole or in part by the negligence or fault or want of care
of the Plaintiff. Margaret Ann Kortze.
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DALE E. KORTZE, JR. and
MARGARET ANN KORTZE,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-2259 civil Term
RALPH E. SMITH, MARTHA H.
SMITH and DENNIS W. HOESCH,
Defendants
CIVIL ACTION - LAW
REPLY TO NEW MATTER OF DEFENDANT DENNIS W. HOESCH
AND NOW, corne Defendants, Margaret Ann Kortze and Dale E.
Kortze, Jr., by and through their attorneys, Wix, Wenger &
Weidner, P.C., and files the following Reply to New Matter,
stating as follows:
26. Plaintiff's paragraph number 26 states conclusions of law to
which no answer is required, Defendant Hoesch's allegations
are specifically denied, and strict proof is demanded.
27. Plaintiff's paragraph number 27 states conclusions of law to
which no answer is required, Defendant Hoesch's allegations
are specifically denied, and strict proof is demanded.
28. Plaintiff's paragraph number 28 states conclusions of law to
which no answer is required, Defendant Hoesch's allegations
are specifically denied, and strict proof is demanded.
29. Plaintiff's paragraph number 29 states conclusions of law to
which no answer is required, Defendant Hoesch's allegations
are specifically denied, and strict proof is demanded.
30. Plaintiff's paragraph number 30 states conclusions of law to
which no answer is required, Defendant Hoesch's allegations
are specifically denied, and strict proof is demanded.
31. Plaintiff's paragraph number 31 states conclusions of law to
which no answer is required, Defendant Hoesch's allegations
are specifically denied, and strict proof is demanded.
32. Plaintiff's paragraph number 32 states conclusions of law to
which no answer is required, Defendant Hoesch's allegations
are specifically denied, and strict proof is demanded.
WHEREFORE, Plaintiff, Dale E. Kortze, Jr., respectfully
requests that this Honorable Court enter judgment in his favor
and against Defendants, jointly and severally, in an amount
sufficient to compensate Plaintiff for his losses and damages,
together with costs, interest, and such other relief as this
Court deems just and appropriate.
REPLY TO RULE 2252141 NEW MATTER
33. The allegations contained in Plaintiff's Paragraphs 33
through 36 constitute allegations directed to Defendant
Margaret smith and not Plaintiff, therefore, no answer is
required by Plaintiffs.
WHEREFORE, Plaintiff, Dale E. Kortze, Jr., respectfully
requests that this Honorable Court enter judgment in his favor
and against Defendants, jointly and severally, in an amount
sufficient to compensate Plaintiff for his losses and damages,
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MARGARET ANN KORTZE and . IN THE COURT OF COMMON PLEAS
.
DALE E. KORTZE, JR., CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs .
.
.
v. :' NO. 97-2259 CIVIL TERM
MARTHA H. 'SMITH and . CIVIL ACTION - LAW
.
DENNIS W. HOESCH, :
Defendants : GURY TRIAL DEMANDED
PLAINTIPP'S' PIRST SET OP INTERROGATORIES
TO DEPENDANT HOESCH
.
'1'0: Defendant, Dennis W. Hoesch, 3609 Kohler Place, No. 17,
camp Hill, PA 17011
DEPINITIONS AND INSTRUCTIONS
I. Definitions. The following definitions are applicable to
these interrogatories:
A. "Document" means any written, printed, typed, or other
graphic matter of any kind or nature, however produced
or reproduced, including photographs, microfilms,
phonographs, video and audio tapes, punch cards,
magnetic tapes, discs, data cells, drums, and other
data compilations from which information can be
obtained.
B. "Identify" or "Identity" means when used in reference
to
1. A natural person, his or her:
a. full name; and
b. present or last known residence and
employment address (including street name and
number, city or town, and state or country);
2. A document:
a. its description (e.g., letter, memorandum,
report, etc.), title, and date;
b. its subject matter;
c. its author's identity;
(
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d. its addressee's identity;
e. its p~esent loc~tion; and
f. its custodfan's identity;
'3. An oral communication:
a. its date;
b. the'place where it occurred;
c. its substance;
d. the identity of each person who made the
communication;
e. the identity of each person to whom such
communication was made; and
f. the identity of each person who was present
when such communication was made;
4. A corporate entity:
a. its full corporate name;
b. its date and place of incorporation, if
known; and
c. its present address and telephone number;
5. any other context: a description with sufficient
particularity that the thing may thereafter be
specified and recognized, including relevant dates
and places, and the identification of relevant
people, entitles, and documents.
C. "Incident" means the occurrences that form the basis of
Plaintiff's cause of action or claim for relief set
forth in the Complaint.
D. "Person" means a natural person, partnership,
association, corporation, or government agency.
E. The term "Defendant" means and includes Dennis W.
Hoesch, his attorneys and agents, and all other persons
in privity with Defendant, with respect to the matters
herein inquired about.
2
(
16. Motor vehicle operation. With respect to the vehicle you
operated or in which you were a passenger, state:
destination'and the .
(a) The point and tim~ of departure of
the vehicle1 .
(b) The purpose of the trip or journey in the vehicle;
(c) The time and place of ail stops and departures between
the commencement of the trip or journey and the time of
the Incident;' .
(d)
Whether the operator of the vehicle was familiar with
the surrounding area of the Incident; ,
The weather conditions at the time of the Incident,
. including visibility and roadway conditions; and
Whether there existed any obstruction to your vision,
and, if so, the nature of such obstruction.
(e)
(f)
19
MARGARET ANN KORTZE and
DALE E. KORTZE, JR.,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.
. .
.
.
.
NO. 97-2259 CIVIL TERM
CIVIL ACTION - LAW
v.
.
.
MARTHA H. SMITH and
DENNIS W. HOESCH,
Defendants
.
.
.
.
~URY TRIAL DEMANDED
PLAINTIPPS' REOUEST POR PRODUCTION OP DOCUMENTS
TO DEPENDANT. HOESCH
TO: Defendant, Dennis W. Hoesch, 3609 Kohler Place, No.
17, Camp Hill, PA 17011
INSTRUCTIONS AND DEFINITIONS
YOU ARE HEREBY REQUESTED, pursuant to the provisions of
the Pennsylvania Rules of Civil Procedure, to produce the
following documents for inspection and copying, within no more
than thirty (30) days after service hereof, at the offices of
Plaintiffs' counsel, Steven R. Williams, Esquire, Wix, Wenger &
Weidner, 508 North Second street, P.O. Box 845, HarriSburg,
Pennsylvania 17108-0845, or, alternatively, by delivering copies
of the same to Plaintiffs' counsel at the aforesaid address.
Documents for which a proper claim of privilege can be
substantiated are expressly excluded from this Request, except
that Defendant shall identify all documents for which privilege
is claimed and shall specify the exact grounds upon which the
claim for privilege is based.
If any document requested is objected to on the grounds
of overbreadth, you are instructed to respond to the document
request as narrowed to conform to your objection within the
period allowed for a response. .
.
You are required to produce the requested documents as
they are kept in the usual course of business and/or to label
them to correspond with the categbries of this Request.
This Request for Production is to be deemed continuing,
and if Defendant obtains further information after the respon~~s
are filed, it shall supplement these responses at that time.
As referred to herein, Plaintiffs' Interrogatories
shall mean the Plaintiffs' First Set of Interrogatories dated and
served upon Defendant contemporaneously herewith.
.
DEFINITIONS
The following definitions are applicable to these Requests:
A. "Document" means any written, printed, typed, or other
graphic matter of any kind or nature, however produced
or reproduced, including photographs, microfilms,
phonographs, video and audio tapes, punch cards,
magnetic tapes, discs, data cells, drums, and other
data compilations from which information can be
obtained.
B. "Identify" or "Identity" means when used in reference
to
1. A natural person, his or her:
a. full name; and
b. present or last known residence and
employment address (including street name and
number, city or town, and state or country);
2
Defendant is instructed to oroduce the followino:
1. Any and all documents, exhibit~ or other materials
identified in response to Defendant's Interrogatories.
.
.
2. All statements or memoranda of statements of any person who
was a' witness, who has any knowledge of the facts detailed
in the Complaint, and/or who may be called as a witness at
trial.
3. All statements or memoranda of statements of any party to
this action concerning the subject matter of this case and
the events surrounding it.
4. All statements defined by the Pa.R.C.P. Nos. 4003.4
concerning this action or its subject matter which have been
made by Plaintiffs, any defendant, or any witnesses,
including without limitation any written statements,
transcriptions of recorded interviews and summaries of oral
statements.
5. All photographs, diagrams, plans, drawings, or other graphic
representations of the scene of the Incident and any objects
at the scene.
6. The entire contents of any investigative file concerning the
Incident and any other documents generated or received by
Defendant or her attorneys through investigation of the
claims alleged against Defendant by plaintiffs, excluding
only references by Plaintiffs or their representatives to
mental impressions, conclusions, or opinions respecting the
value or merit of the claim or defense or respecting
strategy or tactics, and confidential attorney-client
communications.
7. All documents containing the names or addresses or other
information concerning or conveyed by any individuals
contacted as potential witnesses.
8. Copies of all reports of, and correspondence with, experts
who are expected to testify at trial.
9. All other documents of whatever kind or description upon
which Defendant or her attorneys intend to rely or may rely
in establishing any of Defendant's defenses to Plaintiffs'
claim.
5
'-'
I
ARGARET ANN KORTZE and
ALE E. KORTZE. JR..
Plaintiffs
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY.
PENNSYLVANIA
vs.
No. 97-2259 Civil Term
ARTHA H. SMITH and
ENNIS W. HOESCH.
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
Videotaped
Deposition of:
DENNIS WALTER HOESCH
Taken by:
Defendants
Date:
July 6.1999.10:12 a.m.
Place:
3609 Kohler Place
Apartment 17
Camp Hill. Pennsylvania
\
, I.
Before:
Ingrid M. Hughes
Registered Professional Reporter
Certified Realtime Reporter
Notary Public
Wayne Howell. Videographer
APPEARANCES:
WIX. WENGER & WEIDNER
By: STEVEN R. WILLIAMS. ESQUIRE
For - Plaintiffs
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NEALON & GOVER
By: JAMES G, NEALON. ESQUIRE
For Defendant Martha Smith
METZGER. WICKERSHAM KNAUSS & ERB.
By: JAMES F, CARL. ESQUIRE
For - Defendant Dennis Hoesch
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STIPULATION
It is hereby stipulated by and between
counsel for the respective parties that reading.
signing. sealing. certification and filing are
hereby waived.
MR. HOWELL: My name is Wayne Howell. I
represent Video Images. 3004 Black Oak Drive. Red
Lion. Pennsylvania 17356. Today's date is July
the 6th. 1999. The time of day is 10:12 a.m.
This deposition was videotaped at 3609 Kohler
Place. Apartment 17. Camp Hill. Pennsylvania
17011.
The name -- caption of the case is Margaret
Ann Kortze and Dale E. Kortze. Jr.. plaintiffs
versus Martha H. Smith and Dennis W. Hoesch.
defendants. Case Number is 97-2259. The name of
the witness is Dennis W. Hoesch. This deposition
is being videotaped on behalf of the defendant.
Counsel will now introduce themselves.
MR. WILLIAMS: Steve Williams on behalf of
the plaintiffs.
MR, NEALON: This is Jim Nealon on behalf of
Martha Smith.
MR, CARL: And I'm James Carl representing
Dennis Hoesch.
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MR. HOWELL: The court reporter will now
please identify herself and swear in the witness.
(The court reporter identified herself.)
DENNIS WALTER HOESCH. called as a witness.
being duly sworn. testified as follows:
DIRECT EXAMINATION
MR. CARL:
Would you state your name. please?
My full name is Dennis Walter Hoesch.
And where do you live. Mr. Hoesch?
3609 Kohler Place. Apartment 17. Camp Hill.
Pennsylvania.
And how old are you?
53.
Are you presently employed?
No. I'm presently disabled.
Mr. Hoesch. we are taking your testimony in your
apartment this morning. Why are you unable to
come to court in person?
About 3 1/2 years ago. I had lung surgery and had
part of my lung removed. A year after that. I
had my left kidney removed because of cancer.
And because of the two operations. there's a
great deal of nerve damage. and I'm very
uncomfortable all the time.
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Are you able to tolerate personal attendance at
court sessions?
Pardon me?
Are you physically able to tolerate --
No. I can't sit in a straight chair. I have to
sit in a soft chair or lay down.
Now. Mr. Hoesch. I'm going to take you back to
May 3. 1995. and do you remember what day of the
week that was?
Wednesday.
Okay. And were you employed at that time?
Yes. sir.
And by whom were you employed?
Keystone Area Council Boy Scouts of America.
And where was the place of your employment?
Right around the corner from where the accident
took place. It's on Route 114.
And what was your job with the Keystone Area
Council ?
I was the field director. in essence. the
assistant executive. if you will.
And how long had you held that job?
On and off since 1980.
How long had you been employed as a Boy Scout
executive?
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Since 1968. June 19th.
Was that your
your career
Yes. sir.
-- a Boy Scout executive?
Yes.
Now. Mr. Hoesch. I'm going to ask you about what
happened on May 3. 1995. And first of all. I'll
ask you when did you leave work?
It was around 5:15. 5:20 p.m.
And could you describe the route of travel from
your work?
Well. the Boy Scout office sits on the. I guess
you'd call that. the north side of Route 114. So
when you come out off of the Boy Scout property
and you get to 114 for me to leave and come home.
you turn to the left. And I turned to the left
on 114.
Where is your home located in -- with reference
to the -- to 114 and the Boy Scout headquarters?
I guess it's about four. five miles away. you
know. between the two places.
Is it located just off the Carlisle Pike in Camp
Hi 11 ?
Yes. sir.
So you said you made a left turn to go onto 114?
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That's correct.
What lane of travel were you in?
The left lane.
How many lanes were there at that point?
At that point there's two.
Could you then tell us what happened?
I proceeded up the left-hand lane. and I got to
the intersection. That road is Silver Springs
Sporting -- I'm sorry.
Sporting Green Road?
Sporting Green Drive. I believe.
Drive.
When I got to that intersection. the person
turned into the intersection and hit me.
Now. which lane of travel were you in?
Left lane.
I never left the left lane.
Did you have a green -- or green light?
The light was green when I went through the
intersection.
Now. how fast were you traveling?
Approximately 35 miles an hour.
And how do you know that?
It's not that far from when you turn on from the
Boy Scout office to get to that intersection. I
drive like a normal person. so it's about what I
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was doing was 35 miles an hour.
Now. were there any vehicles immediately in front
of you as you approached the intersection?
I never saw another vehicle in my lane going up
114. no other vehicle.
Were there any vehicles in the right lane __
Quite a few.
-- beside you?
Yes.
What type of car were you driving?
It was a 1990 Buick LeSabre.
Now. you had mentioned about someone making a
left turn. I believe?
Yes.
Could you tell us more specifically what
happened?
Well. just as I was proceeding through the
intersection. out of the corner of my eye. I saw
this car coming right for me. When I say me. I
don't mean the car. I mean me. right at me. hit
me. put the brakes on. I hit the woman to my
right.
As I recall. there were cars in front of
her. and I think there was some minor damage to
the cars in front of her from the rear end
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effect. but I'm not sure of that. I just don't
remember.
Now. did you see the impact? By that. I mean the
impact between the car that was turning and your
car?
I'm not delaying for any reason. but just from
the time I saw her and hit the brake. you know.
you're talking about one or two seconds. I would
say yes. but that only makes sense. yes.
Do you know which portion of your vehicle was
impacted?
The rear. The rear.
I'm looking at the picture
now. You can't really see on the picture. The
pictures are too dark. but on the left -- the
driver's side of the car.
Toward the -- and you -- you mentioned something
about the rear. toward the rear --
Yes.
-- toward the -- the back -- back door or rear?
That's correct.
In relation to the back door. was it on the door
or
No. I believe it was on the rear driver's side
panel behind the back door.
Okay. Now. you said that -- that you had
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impacted the car beside you. I believe?
That's correct.
Okay. And did you see that collision?
Yes.
And could you -- could you describe it for us.
first of all. the severity of the collision?
As I got to the intersection. I saw her turning
into my -- the side -- into me. I hit the
brakes. she hit me. I hit the other person. To
say the severity of the crash. you can look at
the car. It -- it hit the rear panel of her car.
as I recall. It didn't hit her. but the rear
panel.
It was -- had to be a pretty good impact.
Now. what portion of your vehicle hit the rear
panel of -- of her car?
The right side passenger. right passenger side of
the car.
And when we say her. to whom are we referring?
That I hit?
Yes.
Mrs. Kortze. Is it Kortze?
Now. your vehicle. obviously. came to rest at
some point?
That's correct.
Did you get out of your vehicle?
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Scout office sits right around here someplace as
far as the map is concerned. I turned out of the
Boy Scout office and got into the -- you really
can't see where there's two lanes. but there are
two lanes here. and I was in the left-hand lane
here before the intersection.
Okay. And would you point out on that diagram
where Mrs. Kortze's vehicle was. as you remember
it. prior to impact?
At this intersection there was a red light. She
was parked past the red light in the right-hand
lane. stopped.
And the other vehicle. Mrs. Smith's vehicle.
would you just indicate for the jury where she
turned left?
She turned from. I believe there's a left-hand
turning lane there. and she turned from that left
lane into me.
Now. your intention at the time prior to impact
was to continue up 114. go through the green
light at the intersection. ultimately make a left
onto the Carlisle Pike?
That's correct.
And absent the impact. you would have gone
straight through the intersection without
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or pain?
No. sir. I wasn't near her. I went and sat on
the curb because I was a little confused and very
mad.
MR. NEALON: That's all I have.
MR. WILLIAMS: Nothing further.
MR. CARL: I have no questions. Thank you.
Mr. Hoesch.
A. That's okay. Thank you.
MR. HOWELL: This video deposition of
Dennis W. Hoesch is now concluded. The time of
day is 10:29 a.m.
(The proceedings concluded at 10:29 a.m.)
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ORIGINAL
1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DALE E. KORTZE, JR.
AND MARGARET ANN
KORTZE,
PLAINTIFFS
V
NO. 97-2259
CIVIL TERM
MARTHA H. SMITH AND
DENNIS W. HOESCH,
DEFENDANTS
VIDEO
DEPOSITION OF: BRUCE GOODMAN, M.D.
TAKEN BY: DEFENDANT SMITH
BEFORE: DONNA E. RICHARDS, RPR
NOTARY PUBLIC
DATE: JUNE 30, 1999, 2:04 P.M.
.,)
PLACE:
1515 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA
APPEARANCES:
WIX, WENGER & WEIDNER
BY: STEVEN R. WILLIAMS, ESQUIRE
FOR - DEFENDANT SMITH
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FOR - PLAINTIFFS
NEALON & GOVER, P.C.
BY: JAMES G. NEALON, III, ESQUIRE
METZGER, WICKERSHAM, KNAUSS & ERB
BY: JAMES F. CARL, ESQUIRE
FOR - DEFENDANT HOESCH
ALSO PRESENT:
CRAIG ASHWAY, VIDEOGRAPHER
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1
2 NAME
3 BRUCE GOODMAN, M.D.
4 BY MR. NEALON
5 BY MR. WILLIAMS
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WITNESS
DIRECT CROSS REDIRECT RECROSS
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STIPULATION
It is hereby stipulated by and between
counsel for the respective parties that reading,
signing, scaling, certification and filing are hereby
waived; and that all objections except as to the form
of the question are reserved to the time of trial.
MR. ASHWAY: My name is Craig Ashway. I
represent Video Images, 3004 Black Oak Drive, Red Lion,
Pennsylvania. Today's date is June 30th, 1999. The
time of day is 2:04 p.m.
This deposition was videotaped at 1515
North Front Street, Harrisburg, Pennsylvania. The
caption of the case is Dale E. Kortze, Jr. and Margaret
Ann Kortze, Plaintiff, verse Martha H. Smith and Dennis
W. Hoesch Defendants.
The name of the witness is Bruce Goodman,
M.D. This deposition is being videotaped on behalf of
Defendants. Will counsel please introduce themselves?
MR. NEALON: This is Jim Nealon. I
represent Martha Smith.
MR. WILLIAMS: Steve Williams on behalf
of the Plaintiffs.
MR. CARL: I'm James Carl. I represent
Dennis Hoesch.
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MR. ASHWAY: Will the court reporter
identify herself and swear in the witness?
MS. RICHARDS: Donna Richards from
Hughes, Albright, roltz & Natale.
BRUCE GOODMAN, M.D., called as a witness,
being duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. NEALON:
Q Sir, would you state your full name for
the record, please?
A Bruce Goodman.
Q And what is your profession?
A I'm a physician and medica 1 doctor.
Q What is your specialty?
A Orthopedic surgery.
Q Can you explain to the jury what is meant
by orthopedics?
A Orthopedic surgery, or orthopedics, is
the branch of medicine that deals with diseases or
injuries or congenital things that you were born with
and are abnormal involving the musculoskeletal system.
That is all the muscles and the skeleton of the body.
Q Could you summarize for the jury your
educational background?
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A I'm a graduate of the Jefferson Medical
College in Philadelphia. Following that year of
graduation in 1955 I did a five year program in
orthopedic surgery, specializing in orthopedic surgery
training.
I spent a year at the State Hospital For
Crippled Children in Elizabethtown as the chief
resident, and came into the Harrisburg area in 1960.
And was on the staff of the Holy Spirit
Hospital as it was built, and originally on the staff
of the Harrisburg Hospital. Subsequently the Rehab
Hospital, and now the Polyclinic Hospital as a result
of the mergers.
And I ran the clinics in Elizabethtown
Crippled Children's Hospital up until the time it
became a part of Hershey. And then my association with
Hershey was as an Assistant Clinical Professor of
Orthopedic Surgery up until the time I stopped surgery
several years ago.
Q You've been practicing medicine then for
over 40 years?
A Yes.
Q Are you a member of any professional
organizations?
A Yes.
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Q Which ones?
A I'm a member of the American Medical
Association, Pennsylvania Medical Society, the
Jefferson Orthopedic Society. I'm a fellow of the
American College of Surgeons. I'm a fellow of the
American Academy of Disability Evaluating Physicians,
and other local orthopedic groups, the Pennsylvania
Orthopedic Society.
Q Are you board certified in any area?
A I am a fellow of the American College of
Surgeons, yes.
Q Are you certified by the American Board
of Independent --
A Yes.
Q Your curriculum vitae indicates you're
certified by the American Board of Independent Medical
Examiners?
A Yes.
Q What does that entail?
A What does it entail to be certified?
Q Yes. How do you become certified?
A You -- first you become -- you become a
fellow of the American Academy of Disability Evaluating
Physicians. And then that's based upon a certain
amount of academic hours you have to obtain going to
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meetings.
The certification in the American Academy
of Disability Evaluating Physicians was primarily
formed by a group through the -- I think the American
Board of Rehabilitation, Physiatry. And it's based
upon a four hour written examination.
Q And you passed that and became certified?
A Yes, yes.
Q Are you on the staffs of any hospitals
currently?
A Yes.
Q And which hospitals are those?
A I'm on the staff of the Harrisburg
Hospital, the Holy Spirit Hospital, the Polyclinic
Hospital, and the Rehab Hospital.
Q And you indicated you were previously a
Professor out at Hershey Medical Center?
A No, I was an Assistant Professor.
MR. NEALON: At this time I'd offer Dr.
Goodman as an expert in the field of orthopedics and
orthopedic surgery.
MR. WILLIAMS: I have no questions.
MR. CARL: I have no ques tions.
BY MR. NEALON:
Q Doctor, at the request of my office did
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you perform an independent medical examination of
Margaret Kortze?
A Yes.
Q First of all, can you explain to the jury
what you perceive your role as an independent medical
examiner?
A Well, just as the name implies. I
examine these patients, hopefully without any bias.
And I do these examinations on behalf of both plaintiff
and both defense, whatever comes in here.
We -- I attempt to do these in an
independent fashion. I explain that to the patients
that I do not work for anyone specifically, that my
fees are the same for everybody regardless of where
they're from, and that certainly I am not being offered
recompense for what I say, however, for the amount of
time it takes for me to reach a professional judgement.
I also assure them that we have no
doctor/patient relationship, that I'm not here for a
second opinion. Usually I feel very comfortable in
telling them that they've been under expert medical
care, and that's not the purpose of them being here.
The purpose for them being here is for me
to examine them and make a judgement as to several
factors that whoever sent them in is interested in.
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Such as whether their injuries have -- in
fact, there were injuries that occurred as a result of
a particular episode, whether there is any residual.
That is whether or not they still have a problem, and
whether or not -- sometimes it's asked of me whether or
not I felt that all the treatment was justified, which
is just an independent evaluation.
Q And is this what you're certified to do
as part of that certification we discussed earlier?
A Well, that plus other factors, other
things.
Q Your years of training?
A Well, no. The -- the State of
Pennsylvania now requires certification to do
impairment evaluations based upon the AMA guides to
permanent impairment, which I've had the opportunity of
doing some work on.
What -- when did you actually see Miss
Q
Kortze?
A
Q
time?
A
Q
I saw her on May the 26th of 1999.
Were you provided medical records at that
Yes, I was.
I think you have them in front of you.
They're about two inches thick?
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A I do. I think they're more than two
inches.
o Okay. Did you review those medical
records prior to the examination?
A I did.
o And did you talk to Miss Kortze when she
came in?
A I did.
o Did you obtain a history from her?
A She was quite alert. She was cooperative
and very articulate. And I did take a history directly
from her.
o What was that history?
A Her history related back to a motor
vehicular accident that occurred on the 3rd of May,
1995 on Route 114 in Silver Spring Township.
And she told me that on that date she was
the driver of a car which was not moving. It was
stopped in a line of traffic at a red light. And that
she was struck from behind by an oncoming car.
She did have her seat belts on at the
time of impact so that she was not thrown out of the
car. But she was forced into the car immediately in
front. That was a five car chain reaction.
She was not thrown from the car, and she
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did not recall losing consciousness. She was able to
get herself out of the vehicle. However, felt very
light-headed so that the people who were at the scene
placed her back in the car and told her to sit down.
She was then taken by ambulance to the
Holy Spirit Hospital and was transferred on a patient
board with a cervical immobilizer, which is used
prophylactically. It's used to avoid any problems with
anybody complaining of neck discomfort, which she
apparently was at that time. And it was the right
thing to do.
When she went into the hospital I had the
opportunity of reviewing some records, and she had
x-rays of the cervical and thoracic spines. They're
the neck and that portion of the back just below the
neck.
And there wasn't any abnormality noted,
pard~ me, which could be related to an accident.
However, there were some minor degenerative changes
noted.
Q Can you --
A Early degenerative changes.
Q Can you explain to the jury what you mean
by degenerative changes in the neck?
A Degenerative changes. It's kind -- it's
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a terrible name to use for someone as young as this
lady, but we all start to develop some of these changes
after the age of 20.
There are basically two main types of
arthritis. There's rheumatoid arthritis. That's that
horrible arthritis that used to end up with patients
being terribly deformed, and which is must less seen
today because of the advents of steroids.
And then there's the very common
arthritis that everybody in this room has, assuming
we're allover 20. And that is degenerative arthritis,
or osteoarthritis. And that's what this lady had
described in the neck area.
Q Was she then evaluated at the emergency
room?
A Yes.
Q What did your review of the records
indicate?
A She was evaluated, and when she was
discharged she was given some medication which was a
non-steroid. It wasn't cortisone. And it was an
anti-inflammatory medication.
In other words, it worked against
inflammation, which could have been produced at the
time of the accident.
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In addition, she was given a muscle
relaxant, and her diagnosis referred to a neck strain,
which was secondary, obviously, to her motor vehicular
accident.
Q Did she then report to her family
physician, I believe?
A following day she was seen by a physician
at a family practice unit with whom she had previous
experience. And again, the diagnosis was a neck
strain, and she was advised to rest and use ice,
massage and continue with the medication. And she was
told to go ahead and increase her activities as she
could tolerate them.
Q Do you have an indication that she missed
some time from work initially?
A Yes, she did miss time from work.
Q About how long did she tell you?
A Well, she indicated to me that she
finally went back to sedentary work activities in the
field of marketing after about six weeks. The
sedentary refers to a work activity.
The US Department of Labor standards
develops different systems of work. The least
demanding activity is sedentary, followed by light,
medium, heavy and very heavy.
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So she was at the far end of the scale
because she was more or less in a sedentary activity in
which there would be no necessity for any type of
physical demand.
Q Does an injury such as a cervical strain
normally preclude somebody from working a sedentary
position?
A It depends on the magnitude of the
strain. If a strain is severe enough, it is possible
that for a short period of time an individual would
best be handled with taking the medications, avoiding
any type of activity such as dressing and driving and
walking up stairs, and at times even maybe require a
short course of modalities of physical therapy for
three or five or seven days. So it depends on the
extent, on the magnitude of the strain.
Q Could you tell from looking at this case
whether six weeks seems appropriate?
A I couldn't tell from looking at the
records other than the fact that everyone had called
her a neck strain and placed her on appropriate
medication.
And if you're asking me what her physical
condition was in the immediate post-traumatic state,
no, I couldn I t tell.
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Q Okay. What other additional history did
you obtain from her?
A I did have the opportunity of reviewing
some office notes from her family physician that was
dated the 13th of June, 1995. So that would have been
about six weeks after her accident.
And apparently at that time she was
complaining not only of neck pain, but of having some
discomfort down the left arm. So that the physician
judicially felt that there was a necessity for having a
test of the nerves of the left arm, which is called an
EMG, electromyography.
She saw a very excellent man who happens
to have certification in doing this exam in addition to
being a certified neurologist. And I'm very familiar
with his testing techniques, and I can interpret it
myself. However, he agreed with my interpretation. Or
I should say I certainly agreed with his, that the EMG
was normal.
She was then seen on the 14th of
September, 1995. And at that time her diagnosis again
referred to a cervical strain, and she was given a
prescription for physical therapy three times a week
consisting of moist heat, massage, exercises and the
use of a TENS unit.
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And she continued to receive physical
therapy three times a week from September of 1995 until
her discharge in March of 1996. And at that time she
had been given permission to resume full function
referable to her activities prior to the injury.
Q I think she then related to you she
started seeing her family doctor again in July of '96?
A Yes, in July of 1996 she again saw her
family doctor. She had completed her therapy and had
eventually been discharged. I had mentioned that.
According to her family physician,
however, since her discharge from therapy she began to
notice a slight increase in symptomatology in terms of
tightness and pain on the right side of her neck with
some radiation into the trapezius. That's this muscle
in the back of the shoulder. And down the wing bone of
the scapula.
She did not have a description of
numbness or tingling or weakness of the arm. And her
diagnosis again was cervical strain.
It was recommended that she go on a home
exercise program, and he did place her on some
appropriate medication. It was suggested at that time
by her family physician with whom she had a
longstanding relationship that she might consider a
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referral for some short term counseling for what he
considered to be anger and low grade depression.
This referral was made to a psychological
service. However, because of a lack of financial
coverage according to Mrs. Kortze, this treatment was
never afforded her.
Although I did note in the records that
the counselors were quite willing to work with her
regarding a flexibility rate, even changing their rates
in terms of payment and reducing them. However, she
never did get this type of treatment.
Q At about this time was there also some
complaints of lumbosacral pain?
A Yes.
Q Did she get treatment for that?
A I think, yes, she did get some treatment
for her lumbosacral complaints.
Q Would that be in any way related to the
motor vehicle accident?
A No, she indicated to me that she felt it
was totally unrelated.
Q What's the most common cause for low back
pain?
A The most common cause?
Q Yes.
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A Degenerative arthritis.
Q Similar to what she would have had
present in her neck?
A Well, it's the same type of arthritis. I
don't know the extent of it, but it would have been
more or less. I don't know.
Q Did she then begin to see a chiropractor?
A She did. She saw her chiropractor, Dr.
Homza, bimonthly for about one year. She wasn't quite
sure how many treatments she had. However, felt that
from the time I saw her, which was in May of '99, she
did not have any type of treatment directed to her
complaints which she could have referred to the motor
vehicular accident, namely in the neck, for the
preceding year.
So at the time I had seen her in May of
1999 she had had no treatment to her neck for the
preceding year according to her history.
Q Did she describe to you what she does
currently for a living?
A Yes.
Q What did she tell you?
A She was working as an organizer for a
volunteer program at Harrisburg.
Q How about activities around the home?
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Did she voice any complaints doing those?
A Well, she was living in a two story home
and had a with her husband and one teen-age
youngster. And she was responsible for cooking and
cleaning, grocery shopping.
She was quite capable of driving and
acce?ted with ease the activities of daily living. The
activities of daily living certainly do not require
much physical exertion.
I'm talking about -- when we talk about
ADL, or the activities of daily living, we talk about
feeding yourself and cooking and cleaning yourself,
toilet care, being able to walk and talk.
These are what we call ADL. But she also
did these other things around the house by necessity.
Q Did she tell you what her current
complaints were as of May of '99?
A Yes.
Q What complaints did she have at that
time?
A Her complaints were referable to soreness
and stiffness in the right upper back behind her right
shoulder. She had occasional discomfort over the
mid-deltoid. That would be -- this is the deltoid
muscle. It would be right in here. But it didn't go
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down.
And things like coughing and sneezing and
trying to move her bowels did not increase her
discomfort.
Q Is there a significance to those?
A There is. Because people that have, for
example -- it has never even been a question in this
lady, but people that would have a disc, whether it's
in your low back or whether it's in your neck, if you
increase the pressure by coughing or sneezing or trying
to strain down and move your bowels, you'll get a lot
of arm pain from the neck or leg pain in the low back.
She didn't have that. She also indicated
to me that she had full mobility of the shoulder and
the neck.
Q Did you then perform a physical
examination?
A I did.
Q What were the results of that
examination?
A Her physical examination revealed a full
degree of motion in the neck, both forward and
backward, side to side, and turning. Although she did
complain of some discomfort at the extremes.
She could hold her head perfectly normal.
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I found no tenderness when I palpated back here by the
occipital nerves. I found no increased amount of
muscle spasm, which you can actually feel sometimes.
And it's an involuntary response on behalf of the body
to stop motion that's going to hurt you. You get
muscle spasm.
I touched the little projections coming
off of her neck, the little posterior projections, and
they were not tender when I touched them.
She did have some tenderness when I moved
my finger along one boarder of the scapula, or the wing
bone. She didn't have any winging of her scapula.
Sometimes you'll see that if a certain nerve is
involved. She didn't have it.
Her hand grasps were normal. I examined
all the reflexes, the biceps reflex, the triceps
reflex, the periosteal radial reflexes. These are just
reflexes that you test in the arm. They were all
normal.
I then went over her with a pin wheel,
pizza cutter, and she had no 1055 of sensation. She
had no muscle atrophy or wasting. She had no weakness.
She didn't have any quivering of her
muscle. I examined her shoulders, and she had no -- no
crepitation. She didn't make any sounds. Sometimes
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you'll hear noises like that. She didn't have any of
that.
She had a full range of motion in the
shoulder in terms of lifting it in front and from the
side. She didn't have any suggestion of any
7 can have in the shoulder. but she didn't have it.
6 impingement syndrome, which is a problem sometimes you
8 I found that her ability to take her arm
10 determinable 10 degrees. In other words, it didn't go
9 and move it in back was precluded by about a
11 back quite as far as the opposite extremity.
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As far as her cervical examination, how
Q
would you characterize it from an objective standpoint?
A
It was normal.
Q
She had some subjective complaints?
A
Yes.
Q
Now, based upon the history that you
18 obtained and having reviewed the medical records and
19 taking a history from her that day, did you form an
20 opinion within a reasonable degree of medical certainty
21 as to what injuries she sustained as a result of the
22 May 3, 1995 accident?
23
As a result of reviewing the records and
A
24 then examining her sometime after her accident, it
25 would appear to me with a reasonable degree of medical
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certainty in accordance with everything that was
written, that she had sustained a cervical strain
directly and causally related to the motor vehicular
accident of May the 3rd, 1995.
Q Doctor, what is the normal course that
one would expect to see of a patient who has a cervical
strain?
A Well, the normal, uncomplicated cervical
strains, a strain anywhere in the low back too, should
resolve with or without treatment, and being generous,
I'd say in 6 to 12 weeks. Some people think it's less
than that period of time.
Q Doctor, do you have an opinion within a
reasonable degree of medical certainty as to what would
be the cause of any symptomatology that Mrs. Kortze may
have today?
A If this lady is having discomfort in her
neck, and she certainly appears to me to be a valid
historian, and she's an intelligent woman and most
cooperative, but if she is having symptoms today, then
it is on factors other than the cervical strain.
And by virtue of the fact that she has
had some degenerative disease noted in her neck, I
would suspect that that would be the most likely
diagnosis.
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MR. NEALON: That's all I have.
CROSS-EXAMINATION
BY MR. WILLIAMS:
o
26, 1999,
A
o
A
Doctor, you evaluated Mrs. Kortze on May
correct?
That is correct.
Some four years after the accident?
Yes.
o And you testified that at the time of
your evaluation she did indicate to you that she still
had some pain and discomfort in the neck and the
shoulder areas?
A Yes, she did.
o And in fact, on your examination you
found that there was some tenderness in those areas,
correct?
A Yes.
o And you would agree with me, would you
not, that those subjective complaints would be
consistent with the same kind of injury that she
incurred at the time of the accident?
A The subjective complaints she had could
have been associated with the cervical strain at the
time of the accident, sure.
o Okay. Now, you mentioned some
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degenerative changes. And in response to Mr. Nealon's
question you indicated that it's your belief that if
she's experiencing these -- these discomforts and pains
today, that it's more likely related to the
degenerative changes?
A I -- I don't think I said if. I have --
I'm not questioning this lady. I think this lady has
valid complaints. I just want to clarify that.
Q Okay. But your conclusion is that
they're related to degenerative changes as opposed to
the automobile accident?
A I think that's the most likely scenario,
yes.
Q Okay. You also testified earlier that
once we hit 20 we all experience degenerative changes?
A Yes.
Q And you would agree with me, would you
not, that not everyone who experiences these
degenerative changes have the discomfort and the pain
that Mrs. Kortze has expressed?
A I would agree with that.
Q The complaints that Mrs. Kortze made as
indicated in her records that you've reviewed, would
you agree with me that those are consistent with the
diagnosis that's contained in those records?
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A Of her past records?
Q Yes.
A Yes.
Q Now, you mentioned physical therapy.
Mrs. Kortze went through physical therapy for some
time; isn't that correct?
A Are you talking about physical therapy or
therapy with the chiropractic?
Q No, the physical therapy?
A She had physical therapy, yes.
Q And according to the records, that began
in September of 1995; is that correct?
A I'd have to check that. It sounds right.
Q Well, let me ask you to take a look at
page 3 of your report.
A I think -- yes.
Q Okay. And that at the time that she
began those treatments, that was about 16 weeks after
the accident, correct?
A Yes.
Q And you didn't see anything in the
records that would indicate that she was not
experiencing the pain and discomfort at that time
period, did you?
A I don't have any record from that period
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of time to review. The office note that 1 saw prior to
that referred to June, July.
Q And she treated with physical therapy
until March of '96?
A That's right.
Q And you don't have any reason to question
the need for that physical therapy during that time
period?
A Yes, 1 do.
Q You do have question?
A Sure. 1 think that is -- I think from
September through March, if my mathematics is correct,
is about six months of physical therapy. I don't think
I've ever treated a patient that wasn't in a major
accident with six months of physical therapy. And
certainly I think that that would not be the standard
of care as of today.
Q Okay. And you testified earlier that at
the time of the accident Mrs. Kortze was sitting still
at a red light?
A That's what she told me, yes.
Q And the information that you reviewed,
did you -- was there any indication in the information
you reviewed as to how fast the car was traveling that
struck her?
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A If there was, I didn't make a note of it.
Q Okay. So
A Obviously it was enough to move her. She
had her foot on the brake, but it was still enough to
move her into the car immediately in front.
Q Okay. So when you mentioned serious
accident a few minutes ago, you don't really have any
objective information to evaluate how bad the collision
that occurred was?
A That's correct, But when I'm talking
about serious accident, I'm talking about patients with
multiple injuries verified by x-ray, fractures and that
sort of thing, dislocations, subluxations, soft tissue
injuries.
Q You indicated earlier, and also indicated
in the report that you provided to Mr. Nealon, that the
type of injury that Mrs. Kortze experienced would
usually abate with or without treatment within 6 to 12
weeks?
A Yeah, I think that's a very fair
statement. I think that's a liberal statement.
Q It certainly doesn't mean that everyone
that has that type of injury is going to be fully cured
within that time period, would you agree with that?
A The two words that we teach medical
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students never to use, one word is never, and one word
is always. So in answer to your question, I can't -- I
will never state categorically the word never. And
I've been around long enough not to use the word
always.
Q Would you agree with Dr. Homza that
approximately 90 percent of people with this type ot
injury heal within that time period, but there's a
approximately ten percent that do not?
A No, I wouldn't agree with that. I think
it's much less than that. I don't know the exact
percentage, but in my own practice I would find that
much, much, much less than that.
Q Okay. You would agree that there is some
percentage of people who do not cure within that 6 to
12 weeks?
A I think there are some individuals who
would not be cured at the end of 6 or 12 weeks, yes.
Q In July of 1996 you indicated when Mrs.
Kortze went to her family physician again she
complained again of the same type of pain and
discomfort that she had complained of right after the
accident?
A Yes.
Q Okay. And again, that same type of pain
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is consistent with the diagnosis of her injuries at the
time of the accident?
A 'fes.
Q 'fou mentioned some anger and depression.
Mrs. Kortze indicated to you that that was related to
the accident and the affects of the accident?
A She didn't relate that to me. I assumed
that. I didn't want to get into that too much because
I didn't feel that I wanted to expand my orthopedic
evaluation.
I didn't want to lose sight of my
orthopedic evaluation. She admitted this to me. She
brought this up herself.
Q Okay. And according to your report, her
past medical history is non-contributory?
A That's right. She's not had problems
before.
Q Prior to this accident, and there's no
evidence
A Prior to the accident, not that I know.
She denied it.
Q Now -- well, and you reviewed her medical
records?
A Sure.
Q And there was no indication in her
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medical records of prior history?
A No, no, there wasn't.
Q Now, you indicated that she told you
during the visit that within the last year she hasn't
had any complaints of the pain and discomfort?
A I said that she had not had any
treatment. I don't remember whether I said complaints.
Q Well, maybe I misspoke. She hadn't had
any treatments directed toward complaints in that time
period?
A That's -- that's -- I think that is what
I said, yes.
Q And just so we're clear, that time period
you're referring to is May of '98 through May of '99,
that one yea: period in which she's had no treatment,
correct?
A That is correct.
Q You testified on direct that Mrs. Kortze
is responsible for various chores around the house,
cooking, Cleaning, that sort of thing. And I think
your testimony was that she -- she does those by
necessity?
A Well, what I meant was I -- I rarely make
a judgement on how comfortable these chores are because
people have to do them.
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Q Sure.
A I'm trying to be very fair about this. I
don't know what it --
Q But her indication to you was that she
had pain and discomfort when engaging in those
activities?
A No, she didn't say that. But on the
other hand, I've not suggested that she didn't have
discomfort, but she didn't voluntarily tell me that.
Q But she did indicate to you at the time
of the at the time of the independent medical
examination that you did that she had soreness,
discomfort in the same areas?
A Yes, yes.
Q And with regard to your objective
examination, you found that there was some tenderness
in those areas?
A Well, that's not objective. That's
subjective.
Q Okay. Objectively you found that there
was some restriction in her rotation?
A That's not objective. That's subjective.
That's under voluntary control.
Q Okay. Now, you testified that she was
taken to Holy Spirit Hospital on the day of the
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accident?
A Yes.
Q And you didn't see her that day?
A No, I've never seen this woman.
Q Okay. So through the four years that she
was treating for this injury, you never saw her? You
never reviewed medical records? You were never
consulted?
A Absolutely not.
Q Okay.
A I think I did review some records, but I
didn't
Q But not during that time period?
A No, no, no. I never saw this woman until
the date of this evaluation in May of 1999.
Q Okay. And the opinion that you've
rendered about her condition and her injuries is based
on nothing more than your review of medical records and
the visit with her on May 26 of '99?
A That is correct.
MR. WILLIAMS: That's all I have.
REDIRECT EXAMINATION
BY MR. NEALON:
Q Doctor, would your opinions also be based
upon your years of experience?
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A Well, yes, of course.
Q Now, you were asked about I guess
along the lines whether it's possible that it wouldn't
recover -- a cervical strain would not recover after 12
weeks.
Based upon your review of the records and
your years of experience, do you see anything in this
case to lead you to believe that this is anything other
than a normal cervical strain that would resolve within
12 weeks?
A Well, I didn't see anything extenuating.
It appeared to be a cervical strain as it was noted on
numerous occasions. And anything more than that, if it
was there, has never been documented.
MR. NEALON: That's all I have.
RECROSS-EXAMINATION
BY MR. WILLIAMS:
Q Let's go back, doctor, to the physical
therapy that began on September of '95, about 16 weeks
after the accident. There were no -- no new or
different complaints of pain in any other area with
regard to that physical therapy, correct?
A You mean before -- you mean because --
the reason for the therapy being started is because
this patient had persistent complaints?
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Q Exactly.
A Yes.
MR. WILLIAMS: Okay. That's it.
MR. CARL: I have no questions.
MR. ASHWAY: This videotaped deposition
is now concluded. The time of day is 2:40 p.m.
at 2:40 p.m.)
(Whereupon, the deposition was concluded
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36
COUNTY OF r~JPHIN
SS
COMMONWEALTH OF PENNSYLVANIA
I, Donna E. Richards, a Notary Public,
authorized to administer oaths within and for the
Commonwealth of Pennsylvania, do hereby certify that
the foregoing is the testimony of Bruce Goodman, M.D.
I further certify that before the taking of
said deposition, the witness was duly sworn: that the
questions and answers were taken down stenographically
by the said Reporter-Notary Public, and afterwards
reduced to typewriting under the direction of the said
Reporter.
I further certify that I am not a relative
or employee or attorney or counsel to any of the
parties, or a relative or employee of such attorney or
counsel, or financially interested directly or
indirectly in this action.
I further certify that the said deposition
constitutes a true record of the testimony given by the
said witness.
IN WITNESS WHEREOF, I have hereunto set my
hand this 5th day of July, 1999.
NotnMI SooI
E. RJch8lIlS. Notary Publ<c
~Ha~sbOrg. OAlJPhln COl~'~
My CommIssIOn Expires July 22, ~
"..... . AsSOC'atK)ll 01 f'4Ll:J11';:'
Mmllblll. PIInllsy".I""
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J. Uiji~_I!._J?1LlwA[ILL
Donna E. Richards RPR
Notary Public
(*)
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DRUCE GOODMAN, M.D.
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12161 23:11 2K:IK Absolutely III 33:'1 answcr III 2'1:2 betwcenlll 3:2
2'1:16 2'1:IK 34:4 academic III 6:25 answers III 36:'1 biuslIl K:K
34: III
I3thlll 15:5 AeadcmYl11 6:6 anti-innammatory III biceps III 21:16
6:23 7" 12:22 bimonthly III
14thlll 15:2U appcar III 22:25 IK:'1
1515111 accepted III 1'1:7 Blacl,," 3:9
1:20 3:12 accident 1111 10:15 APPEARANCES III
16111 26:IK 34:19 II:IK 12:25 13:4 1:22 board III 6:9 6:12
6:16 7:5 11:7
1955111 5:3 15:6 17:1'1 IK:14 appearedlll 34:12 boarderlll 21:11
1960111 S:K 22:22 22:24 23:4 appropriatc III 14:IK
1995111 10:16 15:5 24:7 24:21 24:24 14:21 16:23 body III 4:23 21:4
15:21 16:2 22:22 25:11 26:1'1 27:15 area 141 S:K 6:9 bone III 16:16 21:12
23:4 26:12 27:19 2K:7 2K:11 12:13 34:21 born III 4:21
29:23 3U:2 30;6
1996111 16:3 16:K 3U;6 3U;IK 3U:2U areas 141 24:12 24:15 bowels III 2U:3 20:11
29:19 33:1 34:2U 32:13 32:17 brake III 2K:4
1999111 1:19 3: III accordance III 23:1 arm 161 15:9 15:11 branch III 4:2U
9:20 IK:17 24:5 according III 16:11 16:1'1 2U:12 21:IK brought III 30:13
33:15 36:22 22:K
17:5 IK:IK 26:11 arthritis 171 Bruce 161 1:15 2:3
3U:14 12:5 3:17 4:6 4:12
-2- aetionlll 1:3 36;17 12;5 12;6 12:IU 36:6
20111 activities I"I 12:11 IK:I IK:4 builtlll S:IU
12:3 12:11 13;12 articulate III
25:15 13:19 16:5 IK:2S 10:11
24111 2:5 19;7 19:K 19;11 Ashway III 1:33 -C-
26111 32:6 3;K J:K 4:1
24:5 33:19 activity 141 35:5 capablc III 19:6
13:21
26th III 9:2U 13:24 14:2 14:12 Assistant 1'1 5:17 captionll13:14
2:04111 1:19 3:11 addition III 13:1 7:IK car('1 IU:IK IU:211
2:4011I 35:6 35:K 15:14 associated III 24:23 10:23 10:23 10:24
additional III 15:1 association 1'1 5:16 10;25 11:4 27:24
-3- ADLIII 19:11 6;3 2K:S
19:14 assumcdlll carelli K:22 19:13
31'1 22:22 26:15 administcr(11 36:4 3U:7
assuming III 27:17
30111 1:19 admitted III 311:12 12: III Carl(ll
1:30 3:24
3004111 3:'1 advents III 12:K assure III K:IK 3:24 7:23 35:4
30thlll 3:10 advised III 13:10 atrophy III 21:22 easclll 3:14 14:17
33111 2:4 affccts III 3U;6 attemptlllK:11 34;K
34111 2:5 afforded III 17:6 attorney III 36:14 categorically III 29:3
3rdlll afterwards III 36:15 causally III 23:3
10:15 23:4 36:IU authori7.cd III
again '"I 36:4 Ccnter II I 7:17
13;9 15;21 automobile III 25:11
-4- 16:7 16:K 16:2U certain III 6:24 21:13
2'1:2U 29:21 29:25 avoid III II:K certainly 161 K:IS
4111 2;4 against III 12;23 avoidinglll 14:11 15:IK 19:K 23:IK
40111 5:21 age III 12:3 27:16 2K:22
agOI'I 5:19 2K;7 -0- ccrtainty III 22:2U
-5- agree I"I 24: IK 25:17 background III 4;25 23:1 23:14
5thlll 36:22 25:21 25:2~ 28:24 backward III 20:23 certification III 3:4
29;6 2'1; III 29;14 7:2 9:9 9;14
agreed 1'1 bad III 2K;K 15;14
-6- 15;17 15;IK based 111 6;24 7:5 certificd 1'1
6;9
6'41 23:11 2K;IK ahead III 13;12 '1;15 22:17 33:17 6;12 6;16 6:2U
29;15 29:IK Albright III 4:4 33:24 34:6 6;21 7:7 '1:K
alert III 10;10 beCameI'I 5;16 7;7 15:15
HUGHES. ALBRIGHT, FOLTZ & NATALE
717-540-0220\717-393-5101
I ndcx Page 1
certify - examine
BRUCE GOODMAN. M.D.
M I' P '"
u 11- age'
ccrtifYI'1 36:5 36:7 consistent PI ~4:211 deformed III 12:7 docsn'tll12S:22
3613 36:IS 25:24 311:1 degenerative 1"1 11:19 Donna 1'1 1:17 4:3
cervical 11'1 11:7 consisting III 15:24 II:::!::! 11:24 11:25 36:3 36:24
11:14 14:5 15:22 constitutes III 36:19 12: II IS:I 23:23 down 161 11:4 15:9
16:211 22:12 23:2 consulted III 33:S 25:1 25:5 25: III 16:16 20:1 20:11
23:6 23:S 23:21 contained III 25: 15 25:19 36,9
24:23 34A 34:9 25:25 degree 1'1 20:22 22:20 Drpl
34:12 continue III 13:11 7:19 Is:s
22:25 23:14 29:6
chain III 1lI:24 continued III 16:1 degrees 11122: III dressing III 14:12
changes 1101 11:19 control III 32:23 deltoid III 19:24 Drivelll 3:9
11:22 11:24 11:25 cooking III 19A demand III 14:4 driver II I
12:2 25:1 25:5 19:12 31:20 IlUS
25: III 25:15 25:19 cooperative 121 demanding III 13:24 driving 1'1 14:12 19:6
changing III IlUO denied III 30:21 duly 1'1 4:7
17:9 23:20 36:S
characterize III 22:13 correct I "I 24:5 Dennis 1'1 1:12 3:15 during 1'1 27:7 31:4
check III 26:13 24:6 24:16 26:6 3:25 33:13
ehieflll 5:7 26:12 26:19 27:12 Department III 13:22
Children III 5:7 2s:1lI 31:16 31:17 deposition III 1:15 -E-
Children's III 33:20 34:22 3:12 3:ls 35:5 13151
5:15 cortisone III 12:21 35:7 36:S 36:IS IA 1:17
chiropractic III 26:S coughing 1'1 20:2 depression 121 17:2 3:14 36:3 36:24
chiropractor (21 18:7 20: III 30A Early III 11:22
18:S counsel 1'1 3:3 describe III 18:19 casellI 19:7
chores 121 31:19 31:24 3:19 36:14 36:16 described III 12:13 educational III 4:25
CIVIL(21 1:3 1:1lI counseling III 17:1 description III 16:18 electromyography III
clarify III 25:s counselors III 17:S determinable III 22: III 15:12
cleaning III 19:5 COUNTY 121 1:2 develop III 12:2 Elizabethtown 121 5:7
19:12 31:20 36:1 develops III 5:14
clearlll 31:13 13:23 emergency III 12:14
course 1'1 14:14 23:5 diagnosis III 13:2
Clinical III 5:17 34:1 13:9 15:21 16:20 EMG(21 15:12 15:18
clinics III 5: 14 court 1'1 1:1 4:1 23:25 25:25 30:1 employcc(21 36:14
College III 5:2 coverage III 17:5 different 121 13:23 36:15
6:5 6: III Craigl'l 1:33 3:S 34:21 end III 12:6 14:1
29:IS
collision III 2S:S crepitation III 21:25 direct 1'1 2:2 4:S engaging III
comfortable 121 S:20 Crippled 121 31:1s 32:5
5:7
31:24 5:15 directed 121 18:12 entail 121 6:19 6:20
comingll121:7 CROSS III 2:2 31:9 episode III 9:3
common 1'1 1:1 CROSS-EXAMINATION direction III 36:11 ERBIII 1:29
12:9 17:22 17:24 III 24:2 directly 1'1 Ill: I I ESQUIREI'I 1:24
Commonwealth (21 36:2 CUMBERLAND III 23:3 36:16 1:27 1:30
36:5 1:2 Disability 1'1 6:6 evaluate III 28:8
complain III 20:24 cure III 29:15 6:23 7:3 evaluated III 12:14
complained 121 29:21 cured 1'1 28:23 29:18 disc III 20:S 12:19 24:4
29:22 current III 19:16 discharge (21 16:3 Evaluating 1'1 6:6
complaining 1'1 11:9 16:12 6:23 7:3
15:8 curriculum III 6:15 discharged 121 12:20 evaluation 151 9:7
complaints 1171 17;13 cutter II I 21:21 16: III 24:10 30:10 30:12
17:17 IS:13 19:1 discomfort 1141 11:9 33:15
19:17 19:19 19:21 -0- 15:9 19:23 20A evaluations III 9:15
22:15 24:19 24:22 daily III 19:7 19:5 20:24 23:17 24:11 eventually III 16:10
25:8 25:22 31:5 19:11 25:19 26:23 29:22 everybody (21 S:14
31:7 31:9 34:21 31:5 32:5 32:9
34:25 Dalel'l IA 3:14 32:13 12:10
completed III 16:9 date 1'1 1:19 3: III discomforts III 25:3 evidence III 30:19
concluded 1'1 35:6 Ill: 17 33:15 discussed PI 9:9 exactlll 29:11
35:7 dated III 155 disease III 23:23 Exactly III 35:1
conclusion III 25,9 DAUPUlN III 36:1 diseases III 4:20 examlll 15:14
condition 121 14:24 days III 14:15 dislocations III 2S:\) examination 1"1 4:S
33:17 deals III 4:20 doctorl'l 4:14 7:6 8:1 iliA
congenital III DEFENDANTI11 7:25 20:17 20:20 20:21
4'21 1:16 16:7 16,9 23:5 22:12 24:14 32:12
consciousness III II: I 1:2S 131 nl3 24:4 33:24 32:16 33:22
considerlll 16-25 Defendants PI 1:13 341S examinations III 8:9
considered III 17.2 316 319 doctor/patientlll 819 examine 121
SS
defense III Sill documented III 3414
I ndex Page 2
IIUGIIES, ALBRIGlIT, FOLTZ & NATALE
717-540-0220\717-393-5101
r
Multi-Page '"
examined - lack
DRUCE GOODMAN, M D
.
8:24 nexibilitYll1 17:9 hereunlo III 311:21 25:2 25:23 28:15
examined 121 21:15 followed III 13:24 herselfl'l 4:2 11:2 28:15 29;19 30:5
21:24 Following 121 5:2 30:13 31:3
examiner III 8;11 13:7 lIershey 1'1 5:111 indicates III 11:15
Examiners III 11:17 follows III 4:7 5:17 7:17 indication 141 13:14
examining III 22:24 Folt7.1I1 4:4 historian III 23:I'J 27;23 30:25 32:4
example III 20:7 foot III 28:4 history 1101 1U.9 indirectly III 311:17
excellent III 15:13 forced III 10:23 10:11 10:13 10:14 individual III 14:10
except III 3:5 foregoing III 311:11 15:1 18:18 22:17 individualslll 29:17
22:19 30:15 31:1
exercise III 16:22 form 121 3:5 22:19 hitlll 25:15 innammation III 12:24
exercises III 15:24 formed 1117:4 lIooseh1411:12 1:31 information III 27:22
exertion III 27:23 28:8
19:9 forward III 20:22 3:111 3:25 injuries III
expand III 30:9 found 161 21:1 21:2 holdlll 20:25 4:21
9;1 9:2 22:21
expect III 23:6 22:8 24:15 32:16 1I0ly 141 5:9 7:14 28:12 28:14 30:1
experience 141 13:9 32:20 11:6 32:25 JJ:17
25:15 33:25 34:7 fOUfl11 7:6 24:7 home I'I 16'21 18:25 injury 111 14:5 16:5
experienced III 28:17 33:5 19:2 24:20 28:17 28:23
experiences III 25:18 fractures III 28:12 11001703 121 18:9 29:6 29:8 33:6
experiencing 121 25:3 front 161 1:20 3:13 hopefully III 8:8 intelligent III 23:19
26:23 9:24 10:24 22:4 horrible II I 12:6 interested 121 8:25
28:5
expert 121 7:20 8:21 fulllSI hospital 1111 5:6 36:16
explain 1414:17 4:10 16:4 5:10 5:11 5:12 interpret III 15:16
8:4 20:14 20:21 22:3
8:12 11:23 fully III 28:23 5:12 5:15 7:14 interpretation III 15:17
expressed III 7:14 7:15 7:15 introduce III
25:20 function III 111:4 11:6 11:12 32:25 3:19
extent 121 14:16 18:5 hospitals 121 7:9 involuntary III 21:4
extenuating III 34:11 -G- 7:12 involved III 21:14
extrcmcslll 20:24 Gill hourlll 7:6 involving III 4:22
extremity III 22:11 1:27 hours II I
generous III 23:10 6:25 -J-
-1'- given ISI 12:20 13:1 house 121 19:15 31:19
15:22 16:4 36:19 Bughesll14:4 James PI 1:27 1:30
1'111 1:30 Goodman 111 1:15 hurt III 21:5 3:24
fact 141 9:2 14:20 2:3 3:17 4:6 husband III 19:3 Jefferson 121 5:1
23:22 24:14 4:12 7:20 311:6 6:4
factors III 8:25 9:10 GOVER III 1:26 -I- Jimlll 3:20
23:21 grade III 17:2 Jfl21 1:4 3:14
ice II I 13:10 judgement III
fairl21 28:20 32:2 graduate III 5:1 8:17
familiar II I 15:15 graduation III 5:3 identify III 4:2 8:24 31:24
11I111 1:27 judicially III 15:10
family III 13:5 13:8 grasps III 21:15
15:4 16:7 16:9 grocery 11119:5 Images 1113:9 JUIYISI 16:7 16:8
16:11 16:24 29:20 immediate III 14:24 27:2 29:19 36:22
far III 14:1 22:11 group III 7:4 immediately 121 10:23 June 141 1:19 3:10
22:12 groups III 6:7 28:5 15:5 27:2
fashion 1118:12 guess III 34:2 immobili7.crlll 11:7 jury 141 4:17 4:24
fast III 27:24 guides III 9:15 impact III 10:22 8:4 11:23
fceding II I 19:12 impairment 121 9:15 justified III 9:11
fCCSlI1 8:14 -H- 9:16
fellow 141 6:4 6:5 HI21 I: II 3:15 impingement III 22:11 -K-
6:10 6:23 handl'l 21:15 32:8 implies 1118:7 Idndpl 11:25 H2O
felt ISI 9:6 11:2 36:22 inches 121 9:25 102 KNAUSS III 1:29
15:10 17:20 18:10 handled III 14:11 increase 141 13:12 KOrt7.c 11111:4 1:11
few III 28:7 Harrisburg 161 1:21 16:13 20:3 20,10 3:14 3:15 82
field 121 7:20 13:20 3:13 5:8 5:11 increased III 21:2 9:19 10:6 17:5
filing III 3:4 7:13 1824 ineurrcdlll 24:21 23:15 24:4 25:20
25:22 265 27;19
finally III 13:19 head III 20:25 independent 11' 6:13 28:17 29:20 30.5
financial III 17:4 heal III 29J~ 6:111 8:1 8:5 31:18
financially III 36:16 hear II I 22:1 s: 12 9:7 3211
fingeflll 21:11 heat II I 15:24 indicate 14' 1218 -1.-
24:10 26:22 3210
first 121 6:22 8:4 heavy III 13:25 13:25 indicated 1111 Labor III 13:22
five 111 hereby 111 32 3:4 7.16
5:3 10:24 1318 172(' 21113 laeklll IN
14:15 311:5
HUGHES, AI.DRIGIIT, FOI.T.l & NATALE
717-540-0220\717-393-510 1
Index I'age 3
lady - patient
DRUCE GOODMAN. M.Do
Multi-Page'"
lady 16' 122 12:12 34:23 34:23 name 161 2:2 3:K Objectively III 32:211
211:H 23:17 25:7 meant ill 4:17 31:23 ll7 4:11I K:7 obtain III 11:25 Ill:'I
25:7 medical 1"1 4:14 12:1 15:2
lastlll 31:4 5:1 (,:2 (d namelYIIIIH:14 obtained III 22:IH
LAWIII 1:3 11:111 7:17 H:I Natalelll 4:4 obviously 121 13:3
lead III 34:H K:5 K:21 '1:21 Nealon 11'1 1:26 2K:3
least III 13:23 11I:3 22:IH 22:20 1:21 2:4 3:211 occasional III 1'1:23
22:25 23:14 2K:25 3:211 4:'1 7:1'1
left 121 15,'1 15:11 311:15 311:n 31:1 7:24 24:1 2H:16 occasions III 34:13
leglll 21);\2 32:11 33:7 33:IH 33:23 34:15 occipital III 21:2
less 161 12:7 14:2 medication ISI 12:20 Nealon'slll 25:1 occurred III '1:2
IK:II 23:11 2'1:11 12:22 Ill1 14:n necessity 141 14:3 11I:15 2H;'I
29:13 ' 16:23 15:11I 1'1:15 31:22 offill 21:K
liberal III 2K:21 medications III 14:11 neckl"l 11:9 11:15 offer III 7:19
lifting III 22:4 medicine ill 4:211 11:16 11:24 12:13 offered III H:15
light III 11I:19 13:24 5:211 13:2 13:'1 14:21 office III 7:25 15:4
27:20 mediumlll 13:25 15:H 16:14 IK:3 27:1
light-headed III 11:3 meetings III 7:1 IK:14 IH:17 211:9 once II I 25:15
211:12 211:15 211:22
likely III 23:24 25:4 membeq'l 5:23 21:H 23:IK 23:23 oncoming III 10:20
25:12 6:2 24:11 one 111 IH:9 19:3
line II I 11I:19 mentioned ISI 16:11I need II I 27:7 21:11 23:6 29:1
lines III 34:3 24:25 26:4 2M:6 29:1 31:15
Lion III 30:4 nerve III 21:13
19 nerves 1'1 15:11 21:2 oneslll 6:1
Iivinglsl IK:20 19:2 mergers III 5:13 opinion 1'1 M:20
19:7 19:H 19;11 METZGER III 1:29 neurologist III 15:15 22:20 23:13 33:16
local III 6:7 mid-deltoid III 19:24 never 11]1 17:6 17:11 opinions III 33:24
211:7 29:1 29:1
longstanding III 16:25 mightlll 16:25 29:3 29:3 33:4 opportunity III 9:16
look III 26:14 minorlll 11:19 33:6 33:7 33:7 11:13 15:3
looking 121 14:17 minutes III 2K:7 33:14 34:14 opposed III 25:10
14:19 miss III 9:IH IIL6 neWI'1 34:211 opposite III 22:11
lose III 311: II 13:16 noises III n:1 organizations III 5:24
losing III 11:1 missed III Il14 non-contributory III organizeq II IH:23
loss III 21:21 misspoke III 31:H 31);\5 originally III 5:11I
10WISI 17:2 17:22 mobility III 211:14 non-steroid III 12:21 orthopedic 1111 4:16
20;9 211:12 219 modalities III 14:14 normal 181 15:19 211:25 4:19 5:4 5:4
lumbosacral 121 17:13 moist III 15:24 21:15 21:19 22:14 5:IK 6:4 6:7
17:17 months ill 27:13 27:15 23:5 23:K 34:9 6:K 7:21 311:9
normally III 14:6 30:12
mostlsl 17:n 17:24
-M- 23:19 23:24 25:12 North 1'1 Ull 3:13 orthopedics III 4:IK
motion 1]1 211:n Notaryllll:IH 36:3 4:19 7:211
M.DISI 1:15 2:3 21:5 osteoarthritis III
36:25 12:12
3:IM 4:6 36:6 22:3
motOrjSI 11I:14 13:3 notel]1 17:7 27:1 ownlll 29:12
magnitude 1'1 14:K
14:16 17:19 IK:13 213 2M:1
main III 12:4 move IS' 211:3 211:11 noted 141 11:17 lUll -p-
majorlll 22:9 2K:3 2M:5 23:23 34:12 poelll 1:26
27:14 movedlll 21:1Il notes III 15:4
poml41 1:19 3:11
man III 15:13 movingllllll:IK nothi ng III 33:IH 35:6 35:K
March III 16:3 27:4
27:12 MrSlIl1 17:5 2115 notice II I 16:13 page II I 26:15
M argaretlll 1:5 24:4 25:211 25:n nowllol 5:12 9:14 pain 1141 15:K 16:14
26:5 27:19 2K:17 22:17 24:25 26:4 17:13 17:23 211:12
ll4 K:2 29:19 311:5 31:IH 311:22 31:3 32:24 211:12 24:11 25:19
marketing III 13:20 MSIII 4:3 34:2 35:6 26:23 29:21 29:25
Marthal]II:11 3:15 multiple III 2K:12 numbness III 16:19 31:5 32:5 34:21
3:21 mUSelel11 III 16:15 numerous III 34:13 pains III 25:3
massage 121 Illl 19:25 21:3 21:6 palpated III 21:1
1524 2U2 21:24 -0- pardon III II:IK
mathematics III 27:12 muscles III 4:23 partl'l 5:16 9:9
Oaklll l'l
may 11'1 9:20 11I:15 musculoskeletal III particular III 9:3
IK:II IK:16 1'1:17 4:22 oaths III 364
22:22 23:4 23:15 objections III l5 parties 121 3:3 36:15
24:4 31:14 31:14 must III 12:7 objective ISI 22.13 passed III 7:7
3315 3319 2H K 32,15 32: IK pastl'l 26:! 311:15
mean I'! 1123 2M::!,:! -N- 3222 patient I'! 116 236
-'-
Index Page 4
HUGHES, Al.BRIGHT, FOl.I/. & NATALE
717-540-0220\717-393-5101
r-
Multi-Page '"
patients - seven
BRUCE GOODMAN, M.D.
27:14 34:25 IX:IX record III 4:11 2tl:2S 25:1
patients 141 xx preclude III 14:11 311:1') responsible PI 1~:4
X:12 12:0 2X:11 precluded III 22:9 records II" 9:21 31:I'J
payment III 17: III prescription III 15:23 1lI:4 II :13 12:11 rextlll 13: III
I'ennsylvania 1'1 1:2 present I'll :32 14:21l 17:7 nix rextrietion III 32:21
1:21 3: III 3:13 IX-J 22:23 25:23 25:25
11:3 11:7 ~,14 pressure III 21l:1lI 2ft:1 21>:11 2ft:n result 141 5:12 ~:2
3ft:2 3ft:5 previous III I3:X 31l:23 31:1 33:7 22:21 22:23
people 111 11:3 21l:(, previously III 7:111 33:11 33:IX 34:11 resultslll 21l:1~
20:X 23:11 2~;7 primarily III 7:3 reeoverI1134:4 34:4 resume III 111:4
2~:15 31:25 problemI'I IJ:4 RECROSS III 2:2 revealed III 20:21
perceive III 8:5 22:11 RECROSS.EXAMINA TION review 161 1lI:3 12:17
percent 111 2~:7 2~:9 problems 111 II:X III 34:111 27:1 33:11 33:IX
percentage 111 29:12 31l:111 red 111 3:9 10:19 34:11
29:15 produced III 12;24 27:21l reviewed 161 22:18
perfectly III 20:25 profession III 4:13 REDIRECTI11 2:2 25:23 27:22 27:24
33:22 10:22 33:7
perform 111 8:1 professional 111 5:23 reduced III 311:11 reviewing III 11:13
20:111 8:17 reducing III 15:3 22:23
period 1111 14: III 23:12 ProfessOfJl1 5:17 17:1lI rheumatoid III
26:24 211:25 27:8 7:17 7:18 referable PI 111:5 12:5
28:24 29:8 31:1lI program III 5:3 1~:21 Richards ISI 1:17
31:13 31:15 33:13 referral 111 17:1 4:3 4:3 311:3
111:22 18:24 17:3 311:24
periostcal III 21:17 projections PI 21:7 refcrred 141 13:2 right 191 11:10 111:14
pennanent III 9:16 21:X 15:22 18:13 27:2 19:22 19:22 19:25
pcnnission III 111:4 prophylactically III refcrring III 31:14 211:13 27:5 2~:22
persistent III 34:25 II:X refers III 13:21 30:16
Philadelphia III 5:2 provided PI 9:21 renex PI 21:111 21:17 role III 8:5
Physiatrylll 7:5 2X:III renexes III 21:16 room 111 12:1lI 12:15
physical 1"1 14:4 psychological III 17:3 21:17 21:18 rotation III 32:21
14:14 14:23 15:23 Public 141 1:18 311:3 regard 111 32:15 34:22 Route III Hl:III
111:1 19:9 20:111 311: III 311:25 regarding III 17:9 RPRpl 1:17 36:24
20:21 211:4 211:5 purpose 111 8:22 regardless III 8:14
26:7 26:9 26:10 8:23 Rehab 111 5:11 7:15 -S-
27:3 27:7 27:13
27:15 34:18 34:22 -Q- Rehabilitation III 7:5 Sawl81 9:20 15:13
physician 181 4:14 relate III 31l:7 16:8 18:8 18:11
13:11 13:7 15:4 questioning III 25:7 relatcd 181 10:14 II:IX 27:1 33:6 33:14
15:9 16:11 16:24 questions 141 7:22 16:6 17:18 23:3 scale III 14:1
29:20 7:23 35:4 36;~ 25:4 25:10 30:5 scapula III 16:17
Physicians III 6:6 quitelsl Ill: 10 17:8 relationship 111 8:19 21:11 21:12
6:24 7:3 18:~ 19:6 22:11 16:25 scenario III 25:12
pin III 21:20 quivering III 21:23 relative 111 311:13 scene III 11:3
piZZUIII 21:21 36:15 scaling III 3:4
place PI 1:20 16:22 -R- relaxant III 13:2
placed 111 11:4 14:21 remember II I 31:7 scat III 1lI:21
Rill 1:24 second III 8:20
plaintiffl11 3:15 radial III rendered III 33:17
21:17 secondary III 13:3
8:~ radiation III 111:15 report 141 13:5 26:15 sedcntary ISI
Plaintiffs 1'1 1:7 28:16 30:14 13:19
1:25 3:23 ran III 5:14 reporter 1'1 4:1 13:21 13:24 14:2
PLEASIIII:I range III 22:3 311:12 14:6
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practicing III 5:20 recommended III 11121 respectivc III 3:3 seven III 14:15
preceding PI 18:15 recompense III X:III response PI 21:4
HUGHES, ALBRIGHT, FOLTZ & NATALE
717-540-0220\717-393-5101
Indcx Page 5
several - walking
BRUCE GOODMAN, M.D.
Multi-Page'"
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14:13
Index Page 6
HUGHES, ALBRIGHT, FOLrol & NATALE
717-540-0220\717-393-5101
"-',
Multi-Page ".
wasting - yourself
BRUCE GOODMAN M D
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weakness 121 16:19
21:22
week 121 15:23 16:2
weeks 1111 13:20 14:18
15:6 23:11 26:18
28:19 29:16 29:18
34:5 34:10 34:19
WEIDNER III 1:23
WENGER III 1:23
whccl[ll 21:20
WHEREOF III 36:21
WICKERSHAM III
1:29
Williams 1'1 1:24
2:5 3:22 3:22
7:22 24:3 33:21
34:17 35:3
willing III 17:8
wing 121 16:16 21:11
winging III 21:12
within 1'1 22:20 23:13
28:18 28:24 29:8
29:15 31:4 34:9
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without 111 8:8
23:10 28:18
witness (71 2:1
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36:8 36:20 36:21
WIXIII 1:23
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33:14
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29:3 29:4
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28:25
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18:18 31:4 31:15
years 171 5:19 5:21
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33:25 34:7
young III 12:1
youngster II I 19:4
yourselfl21 19:12
19:12
/1
-.......I
HUGHES, ALBRIGHT, FOLTZ & NATALE
717-540-0220\717-393-5101
Index Page 7
ORIGINAL
"1
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DALE E. KORTZE, JR. and
MARGARET ANN KORTZE,
Plaintiffs
V NO. 97-2259 civil Term
MARTHA H. SMITH and
DENNIS W. HOESCH,
Defendants
VIDEOTAPED
DEPOSITION OF: JqHN HOMZA, D.C.
TAKEN BY: PLAINTIFFS
BEFORE: JAMIE F. HACKMAN, RPR/RMR
NOTARY PUBLIC
)
DATE:
JUNE 24, 1999, 10:07 A.M.
PLACE:
2031 LINGLESTOWN ROAD
HARRISBURG, PENNSYLVANIA
APPEARANCES:
WIX, WENGER & WEIDNER
BY: STEVEN R. WILLIAMS, ESQUIRE
FOR - PLAINTIFFS
METZGER, WICKERSHAM, KNAUSS & ERB
BY: JAMES F. CARL, ESQUIRE
FOR - DEFENDANT HOESCH
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NEALON & GOVER
BY: MATTHEW GOVER, ESQUIRE
FOR - DEFENDANT SMITH
ALSO PRESENT:
DOUGLAS MacINTYRE, VIDEO IMAGES
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,
1
2 NAME
3 JOHN HOMZA, D.C.
WITNESS INDEX
4 BY: MR. WILLIAMS
5 BY: MR. GOVER
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DIRECT CROSS
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1 THE VIDEOGRAPHER: My name is Douglas MacIntyre,
2 and I represent Video Images, 3004 Black Oak Drive, Red
3 Lion, Pennsylvania. Today's date is June 24th, 1999. The
4 time of day is 10:07 a.m. This deposition is being
5 videotaped at 2031 Linglestown Road, Harrisburg,
6 Pennsylvania.
7 The caption of this case is Dale E. Kortze, Jr.,
8 and Margaret Ann Kortze versus Martha H. Smith and Dennis W.
9 Hoesch. The name of the witness is John J. Homza, D.C.
10 This deposition is being videotaped on behalf of the
11 Plaintiff. Counsel will now please introduce themselves.
12 MR. WILLIAMS: Steve Williams for the
13 Plaintiffs.
14 MR. GOVER: Matthew Gover on behalf of Miss
15 Smith.
16 MR. CARL: James Carl for Dennis Hoesch.
17 THE VIDEOGRAPHER: The court reporter will now
18 please identify herself and swear in the witness.
19 THE COURT REPORTER: Jamie Hackman.
20 JOHN HOMZA, D.C., called as a witness, being duly
21 sworn, testified as follows:
22 DIRECT EXAMINATION
23 BY MR. WILLIAMS:
24 Q Dr. Homza, you're giving testimony in this case
25 because you treated Margaret Kortze with regard to some
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injuries that she sustained, is that correct?
A Correct.
Q And your profession is you're a chiropractor?
A Yes.
Q Would you explain for the jury what is
chiropractic?
A Chiropractic is the analysis, diagnosis and
management of the spinal system relating to the integrity of
the spine so it can protect the nerve tissue as well as the
surrounding tissues.
Q And have you treated patients with the types of
injuries that Mrs. Kortze sustained and for which you
treated her?
A Yes.
Q Now, can you tell the jury a little bit about
your educational background?
A We have a -- the premedical requirements,
University of Delaware. I attended there, then went on to
study at Palmer College of Chi~opractic in Iowa for
approximately four years, and then, through continuing
education, I had attended seminars on a monthly basis or
twice a month on the weekends to obtain a chiropractic
certification in spinal trauma.
Q Okay. And did you receive a degree from Palmer
College?
5
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1 A Yes, I did.
2 Q And what is that degree in?
3 A That is a Doctor of Chiropractic.
4 Q Md the certification in trauma, could you
5 explain that a little bit more?
6 A Through the process of education, we learn the
7 dynamics, mechanisms, resulting injuries sustained,
8 primarily with vehicle accidents, and that took over a year
9 and a half to complete, about 14 -- 13 sessions, which were
10 held every month -- once a weekend once a month.
11 Q Md are you a member of any professional
12 associations?
13 A International Chiropractic Association.
14 Q Okay. Is chiropractic something that one needs
15 to be licensed in Pennsylvania to perform?
16 A Yes.
17 Q Md do you have a license from Pennsylvania?
18 A Yes.
19 Q When did you obtain your license?
20 A February 19, '91.
21 Q Would you explain for the jury what is required
22 in order to obtain a license?
23 A You have to meet in school the national boards,
24 they are called. You have to pass them as far as your
25 education and knowing that information. There's three
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national boards. After successful completion of them, you
then go on to a state that you wish to practice and have to
pass the state board. And in that you have not -- you have
the clinical setting as well as the educational aspects of
that.
Q Okay. And the fact that you have your license
would indicate that you passed those certifications?
A Yes.
Q How are you currently employed, Dr. Homza?
A Excuse me?
Q You're currently self-employed?
A Yes, I am self-employed.
Q And how long have you been self-employed?
A For seven years, going on our eighth.
Q Now, Dr. Homza, I'm going to be asking you some
questions about your diagnosis of Mrs. Kortze's injuries and
your treatment of her injuries. Through the course of your
testimony, I'll be asking you to render certain opinions
regarding the treatments and the diagnosis and some other
things. And I'd like to ask you now if, during the course
of your deposition, you would render those opinions to a
reasonable degree of chiropractic certainty. Are you able
to do that?
A Yes, I am.
Q Okay. Let's talk about when Mrs. Kortze first
7
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1 presented to you. When was your first contact with Mrs.
2 Kortze?
3 A Well, we -- our office is involved in a doctor
4 speaker's bureau where we perform ergonomic evaluations in
5 businesses. And at her employment at the food bank we were
6 contacted, and we gave ergonomic evaluations and what
7 basically how to lift right, how to -- correctly, and some
8 of those type of aspects. And Mrs. Kortze had seen me there
9 and had inquired about injuries she sustained and I felt had
10 asked if we can help. And I said I didn't know, come on in
11 and let's see if we can.
12 Q Okay. And when did she first come in to see you?
13 A February 21st, 1997.
14 Q Now, in the course of that first --
15 A 20th, excuse me.
16 Q In the course of that first visit, did you obtain
17 from Mrs. Kortze a history of the accident that she believed
18 caused her injuries?
19 A Yes.
20 Q And did you obtain from her an evaluation of what
21 pain and discomfort she had been experiencing at the time?
22 A Yes, I did.
23 Q Why are -- why is it important for you, as a
24 Doctor of Chiropractic, to understand, number one, the type
25 of accident that was involved and the kind of pain that the
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1 patient is experiencing at the time that she came to see
2 you?
3 A Taking a history, obtaining that information
4 about where the pain level is, what kind of mechanisms were
5 involved in that accident, such as a whiplash, certain
6 tissues become prone to injury. So, by knowing that
7 information, I can ascertain or direct my findings or my
8 examination to that particular area and thus gain
9 information on whether that tissue is in distress or not.
10 Q Now, after you met with Mrs. Kortze that first
11 time, did you form an opinion/diagnosis of her injuries?
12 A Yes, I did.
13 Q And did you, at that point, formulate some course
14 of treatment?
A Yes, I did.
Q And can you tell the jury what part, in forming
that diagnosis and in forming that course of treatment, the
history that Mrs. Kortze explained to you and the
indications of what pain she had played in your evaluation,
your determination of the diagnosis and the course of
treatment?
A Well, because of the symptoms that she had, and
actually the visual signs when looking at the paravertebral
muscles, you can visually tell them one side was hypertonic
or more constricted than the other side. And so my first
9
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1 goal, whenever I see this, to reduce that tissue tightness.
2 So our first goal was to obtain range of motion. And, in
3 that process, that's our first course of treatment first few
4 weeks is to gain better ranges of motion, reduce the tension
5 in that tissue.
6 Q Okay. And before you go further --
7 A Okay.
8 Q is it important in going into that first step
9 to understand how the injuries occurred?
10 A Absolutely.
11 Q And is it important to understand what pain is
12 being experienced and in what locations?
13 A Yes.
14 Q And, in fact, when you form a diagnosis of any
15 patient, do you take into account and do you base in part
16 your diagnosis on the indications of how the injury occurred
17 and what types of pain are being experienced?
18 A Yes, I do.
19 Q Okay. Let's talk specifically about that first
20 visit. Can you tell us what -- did you, specifically with
21 Mrs. Kortze, did you obtain a history from her?
22 A Yes.
23 Q And what did she tell you about the accident that
24 occurred in May of '95?
25 A She was at an intersection on Route 114, and she
10
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1 was struck by a vehicle from behind, causing her head to
2 snap back. And then, because there was a vehicle in front
3 of her, she went through a sudden deceleration after that
4 impact. That impact caused an acceleration, and then she
5 was suddenly stopped because she had impacted the car in
6 front of her, causing rapid deceleration or the forward
7 flexion of her head. So, having that dynamic in there, that
8 was part of my obtaining a diagnosis of a whiplash injury.
9 Q Okay. Did she indicate during that history
10 whether she had any incidents or injuries, accidents, prior
11 to this one that may have contributed to this injury?
12 A She did not indicate that she had any current
13 she didn't have any complaints prior to that accident.
14 Q During the course of that first visit, did you
15 also obtain from Mrs. Kortze an indication of what pain that
16 she had at the time, where it was located, the intensity and
17 that sort of thing?
18 A Yes.
19 Q And can you tell us generally, with regard to the
20 intensity of pain, what did Mrs. Kortze indicate to you?
21 A The pain is bad, but she manages without taking
22 painkillers. But she did mention the pain was bad. And I
23 asked her on a scale of 1 to 10, and she rated it at -- at
24 10 being the worst, one being absolutely gone perfect, she
25 was a 5.
11
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1 Q Okay. Did you also obtain from her information
2 about various activities that she would engage in and how
3 the pain affected those activities?
4 A Yes.
5 Q And let's just talk about a couple of those
6 specifically. Did you ask her about lifting of objects?
7 A In the questionnaire, it does specifically ask
8 about lifting.
9 Q And what was her indication about her pain when
10 lifting objects?
11 A She said that -- indicated that the pain prevents
12 me from lifting heavy weights, but I can manage light to
13 medium weights if they are conveniently positioned.
14 Q Did you ask her -- did she indicate to you levels
15 of pain while engaged in sitting activities?
16 A Yes.
17 Q And what did she indicate to you in that?
18 A The pain had prevented her from sitting more than
19 one hour.
20 Q Did you also obtain from her information
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21 regarding the pain level or discomfort level while standing?
22 A Yes.
23 Q And what was her indication of that?
24 A She said that pain had prevented her from
25 standing, again, for more than one hour at a time.
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o What about sleeping? Did she indicate any
problems in sleeping?
A She said that pain did prevent her from sleeping
well.
o Did she indicate that the pain had any effect on
her marital relations with her husband?
A Yes.
o And what did she indicate in that regard?
A She said her sexual life is normal but causes
some extra pain.
o What about traveling? Did she indicate anything
to you about pain or discomfort while traveling?
A Let's see.
o I think, if I could, I think there's a back page
to that.
A Excuse me, I'm sorry. Okay. Yes, she said
there, indicating again on the examination form, history
form, she can travel anywhere, but it gives her extra pain.
o Now, during this examination and these questions
that were being asked, did Mrs. Kortze indicate where her
pain was?
A Yes.
o And where was that?
A She indicated in the mid to lower cervical region
and into the shoulder, specifically in the right shoulder
13
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1 area.
2 Q Now, what diagnosis did you make as a result of
3 meeting with Mrs. Kortze? Before we go to diagnosis, did
4 you perform any examination at the time, take any objective
5 measurements or do any objective testing to determine the
6 levels of pain, the areas of pain and so forth?
7 A Yes.
8 Q Okay. And tell the jury generally what you did
9 in that regard.
10 A Well, in the first examination, we go through
11 several testing or tests to obtain objective data, and the
12 first test that we perform is called a range of motion where
13 we have the person perform various cervical ranges of
14 motion, side to side, rotating and lateral bending. And
15 within the normal parameters, she had fallen short, and she
16 did have pain while producing the flexion-extension motion.
17 And she did have pain in the shoulder, bending her head and
18 in extension phase. So, that was one test that we did.
19 We did orthopedic tests where we pressed on the
20 head region, compressing the spine, to find out, again, the
21 integrity of it and to see if there's any inflammation to
22 the tissues. And when we pressed down on it, she indicated
23 she had pain here, in the lower part of her neck, at what we
24 indicate the C7 level, the 7th vertebrae level. And when we
25 lifted the head up, separating the tissues, taking the
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stress off that tissue, she had felt relief. Or she felt
the pressure was relieved when we did that. Again, these
are orthopedic tests called cervical distraction, foraminal
compression.
We also performed tests to find out where the
again, visibly not only can you see, but you can palpate or
feel for the tissues where they're hypertonic. We did those
tests. We do other tests as well, and she felt that when we
did a test to determine the sensations on her skin, the
nerve that come out of the arm and into the hand, she felt
that at the 7th level, the C7 level and the 8th nerve that
comes out, that compared to the left hand they were slightly
abnormal, which she couldn't feel as much.
Q And were your objective findings consistent with
the subjective indications that she had given you about the
pain and discomfort that she was experiencing?
A Yes.
Q Now on to the diagnosis.
A Um-hum.
Q What diagnosis did you make at the time?
A I don't have specifically the diagnosis in front
of me, but it would have to be consistent with the
subjective complaints and objective findings, such as
cervical neck pain, the whiplashed component injuries, the
hyperflexion, hyperextension.
15
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1 On an X-ray that was performed as well, there was
2 also indications of degeneration in the disc regions of the
3 mid cervical, lower cervical spine. So disc degeneration.
4 Some of the abnormal feelings, the -- because an
5 inflammation of the nerve roots, you can have traveling pain
6 or various muscles become affected. So that would have been
7 consistent with the diagnosis of objective findings.
8 Q And was your diagnosis typical of the kinds of
9 injuries that Mrs. Kortze had relayed to you and your
10 objective findings had found?
11 A Very typical.
12 Q There was some period of time after this
13 accident. The accident occurred May of '95. Mrs. Kortze's
14 first visit with you was February of '97.
15 A Correct.
16 Q Is there anything unusual about the time period
17 between the accident and when she first came to you for
18 chiropractic treatments?
19 A Well, she had indicated to me that the -- through
20 her history and talking to her, she said that she had gone
21 through physical therapy for a while. She did receive
22 benefit, but she certainly wasn't at the level that she
23 was -- had hoped to be, where she was prior to the vehicle
24 accident. So, just giving the dynamics of the accident
25 itself and the history she related to me subjectively, I
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felt that this was part of that accident, and therefore we
treated that as such. Again, establishing the criteria for
treatment, gaining range of motion our first goal is. Going
through various protocol that we establish in our office.
Q Okay. Let's talk about the treatment that you
actually rendered to her. How long did she treat with you
on a regular basis?
A I'm not quite sure of the time frame, but usually
we start out three times a week for a few weeks, and then it
looked like she had followed that schedule. Then I guess
two months later she was reduced to a frequency of twice a
week, then once a week, and then as an as needed basis.
Q Okay. Was there a period of time that -- and
I'll phrase it, a core period of time within which she was
treating with you?
A Yes.
Q Beginning in February of '97?
A Correct.
Q And when was the last visit of that core period?
A That looked like to be 8/12/97.
Q Now, can you tell us generally, during the time
22 period February 20th of '97 through August 12th of '97, how
23 was her treatments or how were her treatments affecting the
24 pain and discomfort that she was feeling?
-/ third visit into our
25 A Well, right away, the
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office, she had noticed immediate benefits, as she had --
she had written down. In the neck, range of motion, again,
obtaining the goals that we had established in the
beginning. She continued still to have symptoms. She did
relay getting better or relief from the treatments. So some
days were good, and some days were not so good.
Q Okay. And, during each of these visits, did you
do objective testing and measurements as well?
A Well, again, every -- not only in the beginning
of the care, but we establish within a time frame of 12 to
15 visits where we would reassess or do a progress exam. In
that examination, we would duplicate the tests and see if
there was any objective improvement except for the radiology
aspect. We don't continue to do that every month, take an
X-ray.
Q Okay.
A But the other tests we do.
Q The objective reevaluations that you did during
19 this time period
20 A Yes.
21 Q -- did they confirm the subjective information
22 she was giving to you about the nature of her pain --
23 A Yes.
24 Q -- and the continuing discomfort?
25 A Yes.
18
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1 Q Okay. Now, her last visit during this core
2 period was August 12th of '97?
3 A Um-hum.
4 Q What is significant about that date?
5 A At that point, we had determined that she had
6 reached a maximal improvement where any regular scheduled
7 visits would not be of benefit to her, I felt, any more
8 benefit to her. And then I had determined that she would
9 come in as an as needed basis, and that she would probably
10 continue to have symptoms and exacerbations, depending on
11 the level of stress she had performed or is performing, and
12 I had told her simply to give me a call and stop in.
13 Q How did you make a determination on August 12th
14 of '97 that she had reached that maximum improvement level?
15 A Well, after a period of time, you know, there's a
16 level given the history and the length of time, my
17 earlier prognosis, I had felt that because of that time
18 frame and because of the fibrosis, the tissue repair was not
19 good, that there was chronicity going to be involved. My
20 goal was to see how we could improve the subjective
21 complaints, the objective evaluations, to lessen them, and
22 to improve her functional daily activities, meaning that
23 what she can do day in and day out, at a higher level.
24 At that point, I had felt that we had performed
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point, on 8/11/97, when I did the progress exam, I felt that
that was all I could do to help her at that point.
Q And can you tell us, as of that date, what
indications she had given of pain and discomfort?
A She still consisted of pretty much the same
complaints that she had, what she called it, an ache, a dull
ache in the cervical region, shoulder blade region, and it
was pretty much constant. She did notice that since changes
she noticed the beginning of care, she had better movement,
some lessening of pain in the shoulder region, but it was
not -- it still again was described as a dull, constant
ache.
Q Now, having reached that maximum level of
improvement, was it your belief, your opinion at the time,
that she would continue to have some lingering problems __
A Yes.
Q -- in the injured areas?
A Yes.
Q And how did you leave off with her on August 11th
or 12th of '97 as far as continuing treatment?
A Again, I would I had told her that she would
probably to go as long as she can i.n between visits and
that she at some times not to be surprised if she had an
exacerbation and to simply give our office a call when that
period of pain became to the point where she thought she
20
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1 would benefit with our treatment.
2 Q Okay. And did she come to see you again after
3 August 11th of '97 or August 12th of '97?
4 A Yes, she did.
5 Q And when did she come to see you after that?
6 A Let's see. She had come in at December 9th,
7 1997. Um, let's see. It looks like January 5th, 1998,
8 April 20th, 1998, and April 22nd, two days later, 1998.
9 Q And, during those visits, what kinds of pain or
10 discomfort did she indicate she was having?
11 A I'm looking at the dates right now of 4/20 and
12 4/22, which were two days apart. She still consisted of the
13 right side neck, shoulder very painful, burning for the past
14 week, stiffness in neck. After the treatment, she followed
15 up, again, the 22nd, two days later, and she said that there
16 was less pain in the right shoulder. The neck is still
17 stiff, but not as much as before the 20th, two days earlier,
18 because of the treatment.
19 Q Was that the same kind of pain, same kind of
20 discomfort that she had been experiencing from February
21 of '97 through August of '97, while she was treating with
22 you?
23 A Yes.
24 Q Did she indicate in December of '97, when she
25 came to see you, that any additional injuries or accidents
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had occurred that maybe had caused this pain or --
A In December of '97, she still notices more
difficulty with pain and mobility since less frequent
visits. There's still the pain and burning in the right
shoulder. Still she had lower back complaints and to the
buttock region. She noticed that when doing computer work,
the right shoulder continued to bother her for sitting there
for periods of time.
Q Okay. But no indication of additional trauma?
A No.
Q And those four visits that she had with you, did
she pay for those out of her pocket?
A I believe she did.
o Do you know, as we sit here today, what the costs
were for those visits?
A No, I don't. It looks like within a standard
visit so it looked like it probably -- we didn't sit down
for a longer period of time, a $35 visit charge, a standard
office visit charge, I would guess.
Q Now, let's go back to August 12th of '97, when
you had determined that she had reached the maximum level of
improvement. Did you formulate, at that time, a prognosis
of her condition?
A Yes, I did.
o And what was that?
23
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1 you expect that she'll be incurring as time goes on?
2 A Given the weakened area of her spinal system, the
3 nerve system, I think more of the same, tight muscles,
4 dysfunctional muscles within the shoulder, mid-back region,
5 and perhaps even some of the symptoms becoming exacerbated
6 in the hand region.
7 Q Will her condition improve?
8 A I don't believe so.
9 0 And, with regard to these opinions that you've
10 just rendered, and let me just take them one at a time,
11 you've indicated that these injuries were related to the
12 motor vehicle accident in May of '95, and I'd like to ask
13 you if that opinion was rendered to a reasonable degree of
14 medical chiropractic scientific certainty?
15 A Yes, it is.
16 0 Okay. Do you have an opinion with regard to her
17 current condition to a reasonable degree of chiropractic or
18 scientific certainty as to whether there's a causal
19 connection with the motor vehicle accident in May of '95?
20 A There, in my opinion, is a direct correlation
21 between that accident and the injuries she sustained.
22 0 Her need for future treatments down the road, do
23 you have an opinion to a reasonable degree of chiropractic
24 certainty as to whether that is directly related to the
.../
25 automobile accident in May of '95?
"""')
25
1 Q Okay. And is that opinion to a reasonable degree
2 of chiropractic certainty?
Yes.
MR. WILLIAMS: Those are all the questions I
3 A
4
5 have.
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MR. GOVER: Can we go off camera?
THE VIDEOGRAPHER: Going off video at 10:38.
(Recess taken from 10:38 a.m. until 10:41 a.m.)
THE VIDEOGRAPHER: Back on the record at 10:41.
CROSS-EXAMINATION
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BY MR. GOVER:
Q Doctor, you're familiar with the fact that the
Plaintiff was taken from the scene of the accident to Eoly
Spirit Hospital, are you not?
A Yes, she was.
Q And X-rays were taken there as well. Are you
familiar with that?
A Yes, there was.
Q And were you aware, at the time you treated with
the Plaintiff, that those X-rays indicated early
21 degenerative changes at C5 and 6, and C6 and 7?
22 A With the records obtained, yes.
23 Q Okay. And that would have been the only abnormal
24 finding on those X-rays at that particular point, is that
j 25 right?
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A Are you asking what they related?
Q Yeah, in terms of the radiology.
A From the radiology report, yes.
Q Yeah. You took your own report?
A I took my own X-rays.
Q Or you took your own X-rays?
A Correct.
Q And they also indicated degenerative findings?
A Yes.
Q Any other findings?
A Yes. As far as segmental, type 2 degeneration,
the loss of cervical structure. Again, when we talk about
the integrity of the spine, the spine curves in what is
known as a lordosis or it curves in a normal C shape. She
had lost that C shape, and it looked more -- it looked less
than that C shape.
Q Now, degenerative changes occur as we get older,
is that right?
A In -- degenerative changes do occur as we get
older.
Q Well, in fact, isn't it a fact, sir, that when
people are even in their 20s degenerative changes can begin
as early as that?
A Yes.
Q And would you accept the fact that when someone
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does indeed have degenerative changes, that can cause a
certain degree of discomfort or pain?
A Sure.
Q And the Plaintiff would have been 46 at the time
she first treated with you, is that right?
A 1--
Q Would that be about right?
A About right, sure.
Q Okay. And, now, in terms of your diagnosis that
you've offered here on direct testimony, you would testify,
sir, that she sustained a cervical strain as a result of
this accident, is that correct?
A Certainly part of that diagnosis, yes.
Q Essentially a whiplash injury?
A Yes.
Q And are you familiar with Dr. Bruce Goodman?
A I've heard the name.
Q Okay. Would you agree with Dr. Goodman that a
cervical strain, in most cases, should resolve within
between 6 to 12 weeks?
A In literature, as far as I'm aware of, they say
close to 90 percent would resolve within a 6- to 10-week
time frame.
Q Okay. So there's a 10 percent which would not
resolve within that 6- to 10-week period?
28
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--...,/
1 A Yes.
2 Q Now, you didn't see her until February 20th
3 of '97, is that right?
4 A That's correct.
5 Q Almost two years after this accident, is that
6 right?
7 A Yes.
8 Q And by history, did -- she related to you that
9 she underwent a course of physical therapy?
10 A Yes.
11 Q And I believe in your notes she also indicated to
12 you that the last time she treated was in February or March
13 of 1996?
14 A Yes. I don't know those dates, but I know it was
15 a period of time.
16 Q And is it your understanding as well that when
17 she was last treated she was indeed discharged from physical
18 therapy?
19 A Yes.
20 Q That the goals were met?
21 A Yes. I didn't have that report at the time, but
22 she said that she did gain benefit with that.
23 Q Now, in terms of the degenerative changes that
24 you saw on both your X-ray and note from the X-ray at Holy
25 Spirit, degenerative changes progress no matter what. Would
29
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1 you agree with that?
2 A Degenerative changes progress no matter what.
3 No, I would not agree with that.
4 Q In terms of the 10 percent of the cases, are you
5 saying your literature supports in those 10 percent of the
6 case -- 10 percent of the cases that a whiplash injury will
7 exacerbate degenerative changes?
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14 percent of the cases
15 A Yes.
16 Q -- the whiplash injury will accelerate a
17 degenerative change. Is that right?
18 A No, I'm not. I'm not saying that. I'm saying
19 your question was as far as the pain. 90 -- within 6 to 8
20 weeks, that time frame, a person will go through a
21 regeneration process. After a tissue rips, that tissue goes
22 through a repair process, and those 90 percent of the people
23 after that 6- to 8-week period will be nonsymptomatic.
24 What the other 10 percent will do is they will go
25 through a type 3 pain that is chronic. In other words, what
A Yes.
Q Okay. But in 90 percent of the cases, it won't?
A If I would be allowed to explain.
Q In 90 percent of the cases, would it? Yes or no?
A Rephrase? Can you repeat the question?
Q Well, what you're testifying to is that in 10
30
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1 should have healed in the majority of the people, those 10
2 percent do not heal as far as their tissues are becoming
3 very sensitive, hypersensitive, so those tissues that are
4 involved, because of the complexity of that healing process,
5 they have chronic symptoms. And what should have healed for
6 some reasons do not heal like the other 90 percent.
7 Q But we, I think, agree on the fact that
8 degenerative changes in and of themselves can cause pain and
9 discomfort, is that right?
10 A Yes.
11 Q In terms of the disability of the Plaintiff in
12 this case, you never disabled her from employment in any
13 way, did you not?
14 A I don't believe I did.
15 Q Yeah. And the treatments that you've testified
16 to December of '97, January 5th, '98, April of '98, those
17 also included treatments for thoracic and lumbar
18 adjustments, didn't they?
19 A Yes, they did.
20 Q And those thoracic and lumbar adjustments were
21 never treated at the time you addressed this neck complaint,
22 were they?
23 A Yes, they were.
24 Q Was she making a lumbar complaint due to this
25 accident?
-1
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A Not due to that accident, but to a work-related
accident.
Q Okay. So you adjusted those at the same time you
were adjusting her for this particular accident?
A Yes.
Q And she was making complaints of pain at the time
you were treating hel' for this accident for both the
work-related accident as well as the automobile accident?
A Correct.
Q She was making those complaints of pain based
that she couldn't lift as much, is that right?
A Those -- those -- those dynamics of the
work-related injury I'm not prepared or I don't have that
file in front of me.
o I believe you said on direct examination that the
pain was preventing her from lifting heavy weights.
A Okay.
Q Is that right?
A Yes, because what I did, I had her two different
files. She filled out one file related to the cervical
area, and the next file was related to the lower back. So
whatever was in this file was related to her cervical injury
(indicating) .
o But, in terms of what you've testified here
today, you've said that the pain was preventing her from
32
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1 lifting heavy weights?
2 A (Nods head up and down.)
3 Q Is that a yes?
4 A That is a -- yeah, that's what she indicated.
5 MR. GOVER: All right. That's all I have.
6 MR. CARL: I have no questions.
7 MR. WILLIAMS: I have nothing further.
8 THE VIDEOGRAPHER: This videotaped deposition is
9 now concluded. The time of day is 10:49 a.m.
(Whereupon, the deposition was concluded at 10:49
,OJ
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33
1 COUNTY OF DAUPHIN
2 SS
3 COMMONWEALTH OF PENNSYLVANIA
4 I, Jamie F. Hackman, a Notary Public, authorized to
5 administer oaths within and for the Commonwealth of
6 Pennsylvania, do hereby certify that the foregoing is the
7 testimony of JOHN HOMZA, D.C.
B I further certify that before the taking of said
9 deposition, the witness was duly sworn; that the questions
10 and answers were taken down stenographically by the said
11 Reporter-Notary Public, and afterwards reduced to
12 typewriting under the direction of the said Reporter.
13 I further certify that the said deposition was taken
14 at the time and place specified in the caption sheet hereof.
I further certify that I am not a relative or employee
or attorney or counsel to any of the parties, or a relative
or employee of such attorney or counsel, or financially
interested directly or indirectly in this action.
I further certify that the said deposition constitutes
a true record of the testimony given by the said witness.
IN WITNESS WHEREOF, I have hereunto set my hand this
28th day of June, 1999.
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HUGHES, ALBRIGHT, FOLTZ & NATALE
717-540-0220\717-393-5101
Multi-Pagc '"
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JOHN HOMZA, D.C.
Index Page I
case - crgonomie
JOHN HOMZA D C
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28:25 29:2 29:7 COrel'l 16:14 16:19 27:1 2K:23 28:25 duplicatc III 17:12
30:8 IK:I 29:2 29:7 29:17 during 191 6:20 10:9
charge 121 21:18 21:19 correct 1'1 4: I 4:2 30:K Ill: 14 12:19 16:21
chiropractic 1"1 4:6 15:15 16:IK 26:7 dcgcncrativc-wisc III 17:7 17:IK 18:1
4:7 4:19 4:22 21:12 28:4 31:9 22:lh 211:9
S:3 5:13 5:14 correctly III 7:7 dcgree 1'1 4:24 5:2 dynamic II I 10:7
6:22 7:24 IS:18 correlation III 23:211 6:22 23:13 23:17 dynamics III 5:7
23:14 23:17 23:23 costs III 21:14 23:23 25:1 27:2 15:24 31:12
25:2 counscllll 3:11 Delaware III 4:IK dysfunctional III 23:4
chiropractor III 4:3 33:16 33:17 Dennis III 1:6 3:K
chronic 12129:25 30:5 COUNTY 121 1:1 3:16 -E-
chronicity III IK:19 33:1 dcpcnding III IK:IO EI21 1:3 3:7
Civil 121 1:2 1:5 couplc III 11:5 deposition 191 I:K early 121 25:20 26:23
clcarlll 22:14 coursc 11016: 17 6:20 3:4 3:10 6:21
c]carIYIl122:1O 7:14 7:16 8:13 32:8 32:10 33:9 education III 4:21
K:17 K:211 9:3 33:13 33:19 5:6 5:25
clinical III 6:4 1ll:14 2K:9 dcscribed III 19:11 cducational121 4:16
CIOSCIII 27:22 court 1'1 1:1 3:17 dctcrmination 1'1 K:20 6:4
Collcgc 121 4:19 3:19 IK:13 cffcct III 12:5
4:2S covcrlll IK:25 dctcrminc '" I3:S cighthlll h:14
COMMON III 1:1 critcria 11116:2 14:9 Eithcrlll 24:211
CommonwealthI'I 33:3 CROSS III 2:2 dctcrmincdlll IK:5 cmploycdlll 6:9
33:5 CROSS-EXAMINATION IK:K 21:21 employee 121 33:15
compared III 14:12 III 25:10 diagnosis 1111 4:7 33:17
complaint 121 311:21 CUMBERLAND III 6:16 6:19 8:17 cmployment 121 7:5
311:24 1:1 K:20 9:14 9:16 311:12
complaints 1'1 10:13 22:2 Ill:K 13:2 13:3 cngagc III 11:2
14:23 18:21 19:6 current 1'1 10:12 14:18 14:211 14:21
21:S 24:25 31:6 22: III 23:17 15:7 15:K 27:9 cngagcd III 11:15
31:10 curves 121 2h 13 2h:14 27:13 ERBIII 1:19
completc III S:9 diffcrentlll 31:19 ergonomic 1'1 7:4
- . .
Index Page 2
IIUGlIhS, ALBRIGII1,I'OLi.l & NATALE
717-540-0220\717-393-5101
.;-.
Multi-Pagc'"
ESQUIRE - intcrsection
JOHN HOMZA D C
\
. . .
7:6 IK:24 19:1 22:4 goals III 17:3 IK:25
ESQUIREJII 1:16 few 121 1):3 16,9 2K:20 -I-
I:IK 1:20 fibrosis III IK:IK goes 1'1 23:1 21):21 idcntify III
csscnce 11124:22 filc 1'1 goncl'l 1lI:24 15:20 3:IK
31:14 31:20 Imagcs 121 1:22 3:2
Esscntially III 27:14 31:21 31:22 good III 17:6 17:6 immcdiatcIII
cstablish 1'1 16:4 filcs III 31:20 18:19 17:1
17:10 fillcdlll 31:20 Goodman 1'1 27:16 impactl21 1lI:4 iliA
cstablished III 17:3 financially III 33:17 27:IK impactcdlll 1ll:5
cstablishing III 16:2 finding III 25:24 Govcr 1'1 1:17 1:18 important III 7:23
cvaluation 121 7:20 findings J11 2:5 3:14 3:14 9:K I): II
K:7 25:6 25:11 32:5 improvc III
8:19 14:14 14:23 15:7 18:20
cvaluations III 7:4 15:10 2h:K 26:10 gradual 11124:5 IK:22 23:7
7:6 18:21 firmly III 22:15 gucss J2I 16: III 21:11) improvcmentl61 17:13
cxacerbatc III IK:6 18:14 19:14
29:7 first 1191 6:25 7:1 21:22 22:2
cxacerbatcd III 23:5 7:12 7:14 7:16 -H- incidents III 10:10
cxacerbation III 19:24 8: III 8:25 1):2 HI21 1:6 3:K includcd III 30:17
cxacerbations III 1):3 9:3 I):K Hackman 1'1
18:10 9:19 10:14 13:10 1:10 includinglll 22:13
cxamlll 17:11 19:1 13:12 15:14 15:17 3:19 33:4 33:23 incurring III 23:1
22:14 16:3 27:5 halflll 5:9 indeed 121 27: 1
cxamination 1'1 3:22 flcxion 11110:7 hand 1'1 14:10 14:12 28:17
K:K 12:17 12:19 flcxion-extcnsion III 23:6 33:21 INDEX III 2:1
13:4 13:10 17:12 Harrisburg 121 1:13 indicate 1141 6:7
22:13 31:15 13:16 10:1) 10:12 10:20
3:5
cxeeptlll 17:13 followcd 121 16:10 head 161 11:14 11:17 12:1
20:14 10:1 1ll:7 12:5 12:8 12:11
CXCUSCIII 6:10 7:15 follows III 3:21 13:17 13:20 13:25 12:20 13:24 20:10
12:16 food III 7:5 32:2 20:24
cxpect 121 22:25 23:1 hcall'l 30:2 30:6 indicatcd 1101
cxpericneelll foraminallll 14:3 11:11
24:11 foregoing III healcd 121 30:1 30:5 12:24 13:22 15:19
cxpericnced 121 9:12 33:6 healing III 30:4 22:1 23:11 25:20
9:17 form 1'1 8:11 9:14 heard III 27:17 26:8 2K:1I 32:4
12:17 12:IK indicating 1'1
cxpericncing ISI 7:21 heavy III 11:12 31:16 12:17
8:1 14:16 20:20 formingI'I K:16 32:1 31:23
22:9 8:17 held III indication ISI 10:15
cxplain 1'14:5 5:5 formulatc 121 K:13 5:10 11:9 11:23 21:9
5:21 29:10 21:22 help 1'1 7:10 11):2 22:8
cxplaincd III K:18 forth III 13:6 hereby III 33:6 indications 161 K:19
cxtcnsion III 13:18 forward III 10:6 hereoflll 33:14 1):16 14:15 15:2
cxtra 121 12:10 12:IK found III 15:10 hereunto III 33:21 19:4 22:14
fouf(21 4:20 21:11 hersclflll 3:IK indirectly III 33:18
-F- framc 161 16:K 17:10 higher II I IK:23 inflammation 121 13:21
18:18 24:16 27:23 history 1"1 7:17 15:5
FI'I 1:10 1:20 29:20 8:3 H:IH 9:21 informationJ71 5:25
33:4 33:23 frequcncy III 16:11 10:9 12:17 15:20 K:3 K:7 8:1)
factJ11 6:6 9:14 15:25 IK:16 24:21 11:1 11:20 17:21
25:12 26:21 26:21 frequcntlll 21:3 2K:8 injured 121 19:17 24:6
26:25 30:7 front 141 1lI:2 1lI:6 Hoesch 1'11:6 1:20 injurics 1161 4:1
14:21 31:14
fallcnlll 13:15 functional III 3:1) 3:16 4:12 5:7 6:16
familiar III 25:12 IK:22 HolYI'I 25:13 2K:24 6:17 7:9 7:18
25:17 27:16 future 1'1 22:K 23:22 Hornza 1'1 I:K 2:3 K:II 9:9 10:10
farJ11 5:24 19:20 3:1) 3:20 3:24 14:24 15:9 20:25
22:K 26:11 21:21 -G- 6:1) 6:15 33:7 22:5 23:11 23:21
29:19 30:2 gainlll hoped III 15:23 injury 1101 8:6 1):16
KK 9:4 IlI:K 10:11 24:23
fastCf(SI 22:12 24:3 2K:22 hopefully III 24:5 27:14 29:6 29:16
24:3 24:9 24: III gaining 1111h:3 Hospital III 25:14 31:13 31:22
February 1'1 5:20 gcncrally III Ill: 19 hour 1'1 11:11) 11:25 inquired III 7:1)
7:13 15:14 16:17
Ih:22 20:20 2K:2 13:K Ih:21 husband III 12:6 intcgrity III 4:K
2K:12 givcnJ11 14:IS IK:16 hypcrextcnsion III 14:25 13:21 26:13
feelinglll 16:24 19:4 22: III 23:2 hyperflcxion III 14:25 intcnsity 121 1lI:16
24:16 H2O 1ll:20
fcelings III 15:4 giving III 324 15:24 hypcrscnsitivc III 30:3 intcrestcd III
33:IK
fclt 1111 79 14:1 17:22 hypertonic 121 K:24 Intcrnational III
14:1 14:K 14:10 goal 1'1 14:7 5:13
16:1 IK:7 IKI7 1)1 9:2 intcrscction III 9:25
Ih:3 lK:2tJ
HUGHES, AI.BRIGHT,I'OLTI. & NATALE
717-540-0220\717-393-5101
Index Page 3
introduce III 3:11 licenscd III 5:15 mcctinglll 13:3 notices 111 21:2
involved 1'1 7:3 life 111 12:9 rncmbcq II 5:11 now "'I 3:11 3:17
7:25 8:5 IK:19 lift 1'1 7:7 31:11 mcntionlll 10:22 4:15 6:IS 6:20
22:12 22:17 24:24 liftcd III 13:25 mentioned 121 24:2 7:14 8:10 12:19
30:4 13:2 14:IK 16:21
lifting 1'1 11:6 11:8 24:3 IK:I 19:13 20:11
lowalll 4:19
II: 10 11:12 31:16 mctl21 K:IO 2K:20 21:20 24:13 24:15
itsclflll 15:25 32:1 METZGER III 1:19 26:17 27:9 28:2
light III 11:12 midlll 12:24 15:3 2K:23 32:9
-J- lingcring III 19:15 24:15 numbcq 117:24
Jill 3:9 Linglcstown 121 1:13 mid-back III 23:4
Jamcs 121 1:20 3:16 3:5 MisS1l1 3:14 -0-
Jamie 1'1 1:10 3:19 Lion III 3:3 mobilitYll1 21:3 Oak III 3:2
33:4 33:23 Iitcrature III 22:10 month 1'1 4:22 5:10 oaths III 33:5
January 121 20:7 27:21 29:5 5:10 17:14 objcctivc 1121 13:4
30:16 locatcdllllO:16 monthly III 4:21 13:5 13:11 14:14
JohnlSI I:K 2:3 locations III 9:12 months III 16:11 14:23 15:7 15:10
3:9 3:20 33:7 longcrlll 21:IK mostlll 27:19 17:8 17:13 17:18
Jq21 1:3 3:7 lookcd ISI 16: 10 16:20 motion 171 9:2 9:4 IK:21 22:3
JUOCIII 1:12 3:3 21:17 26:15 26:15 13:12 13:14 13:16 objccts 121 11:6 11:10
33:22 lookingl21 K:23 16:3 17:2 obtain 1111 4:22 5:19
urylsl 4:5 4:15 20:11 motor 121 23:12 23:19 5:22 7:16 7:20
5:21 8:16 13:8 looks 121 20:7 21:16 movcmentlll 19:9 9:2 9:21 10:15
11:1 11:20 13:11
lordosis III 26:14 Mrsl161 4:12 6:16 obtained III 25:22
-K- loss 111 26:12 6:25 7:1 7:K
kind 141 7:25 8:4 lost III 26:15 7:17 8:10 8:18 obtaining 1'1 8:3
9:21 10:15 10:20 10:8 17:3
20:19 20:19 lowcq61 12:24 13:23
12:20 13:3 15:9 occurl21 26:17 26:19
kindsl'l 15:K 20:9 15:3 21:5 24:15 15:13 24:11 occurred ISI 9:9
KNAUSS III 1:19 31:21
musclcs 1'1 K:24 9:16 9:24 15:13
knowing 12) 5:25 lumbar III 30:17 30:20 15:6 23:3 23:4 21:1
8:6 30:24 offl41 14:1 19:19
knownlll 26:14 -M- -N- 25:6 25:7
Kortze 11911:3 1:3 offcredll127:10
3:7 3:8 3:25 Macintyre 121 1:22 namc 141 2:2 3:1 office 161 16:4
3:9 27:17 7:3
4:12 6:25 7:2 3:1 17:1 19:24 21:19
7:8 7:17 8:10 majority 111 30:1 national 1'1 5:23 24:17
8:IK 9:21 10:15 6:1
10:20 12:20 13:3 managcllllI:12 nature III 17:22 oldcrlll 24:4 26:17
15:9 24:11 managcmcnt III 4:8 NEALON III 26:20
1:17 once III 5:10 5:10
Kortzc's 121 6:16 managcs III 10:21 neck 171 13:23 14:24 16:12
15:13 March 111 28:12 17:2 20:13 20:14
Margaret", 1:3 20:16 30:21 OnC(lol 5:14 7:24
8:24 10:11 10:24
-L- 3:8 3:25 need 121 22:19 23:22 11:19 11:25 13:18
last 1'1 16:19 IK:I marital III 12:6 needcd 1'1 16:12 IK:9 23:10 31:20
28:12 28:17 Martha 121 1:6 3:8 needs III 5:14 ongoing 11 I 22:23
latcrallll 13.14 mattcr (21 2K:25 29:2 ncrvc ISI 4:9 14:10 opinion III 19:14
LAWIII 1:2 Matthcwl'l 1:18 14:11 15:5 2J:3 22:15 23:13 23:16
Icarnlll 5:6 3:14 ncvcrl21 30:12 30:21 23:20 23:23 24:11
maximal 121 25:1
IcavcIII 19:19 IK:6 ncxtlll 31:21 opinion/diagnosis III
Icftlll 14:12 22:2 Nods 11 I 32:2
maximum III 18:14 8:11
Icngth121 IK:16 24:16 19:13 21:21 nonsymptomatic III opinions III 6:18
ICSSIII 20:16 21:3 29:23 h:21 23:9
26:15 may 1'1 9:24 10:11 normal III 12:9 13:15
15:13 22:K 23:12 order III 5:22
Icsscn III IK:21 23:19 23:25 24:12 26:14 orthopcdic 121 13:19
Icsscninglll 19:10 meaning III IK:22 Notary III I: II 33:4 14:3
33:24
IcVCIIl'1 K:4 II :21 mcasurements 121 13:5 notcl21 22:21 28:24 ownpl 26:4 26:5
11:21 13:24 13:24 17:K 2h:6
14:11 14:11 15:22 mechanisms 121 5,7 notcslIl 2K:1I
IK:II IK:14 IK:16 K:4 nothing 111 32:7 -P-
IK:23 19:13 21:21 mcdical III 23:14 notice 11 I 19:8
12:14
Icvelsl21 11:14 l3:h mcdiumlll 11'13 noticed 11117: I 19,9 pagcIII
Iicenscl'l S:17 5:19 21:h pain 1"1 7:21 7:25
S:22 h:h meet 111 5:23 K4 K:19 9:11
introducc - pain
JOHN HOMZA, D.C.
Multi-Page'"
Index Pagc 4
HUGHES, ALBRIGHT, FOLTZ & NATALE
717-540-0220\717-393-5101
---
'-'
Multi-Pagc'"
painful - shouldcr
JOHN 1I0MZA, D.C.
"
9:17 10:15 1{l:20 phasclll 13:IH radiology III 17:13 Rcportcr-Notary III
1ll:21 1ll:22 11:3 phrasc III Ih:14 2h:2 26:3 33:11
11:9 11:11 11:15 physical 1'1 15:21 rangc 1'1 9:2 13:12 represcnt III 3:2
II:IK 11:21 11:24 2K:9 2K:17 Ih:3 17:2 require III 22:21
12:3 12:5 12:10
12:12 12:IH 12:21 place 12) 1:13 33:14 rangcs III 9:4 13:13 required III 5:21
13:6 13:6 13:16 PlaintifflSI 3:11 rapid III 1ll:6 requiremcnts III 4:17
13:17 13:23 14:16 25:13 25:20 27:4 rapidly III 24:23 residuals III 22:3
14:24 15:5 16:24 30:11 ratclsl 22:12 24:5 resolvcJl) 27:19 27:22
17:22 19:4 19:10 Plaintiffs 1'1 1:4 24:7 24:9 24:10 27:25
19:25 20:9 20:16 1:9 1:16 3:JJ ratcdlll 1ll:23 result III
20:19 21:1 21:3 13:2 22:3
21:4 22:25 22:25 played III K:19 reached ISI IK:6 27:11
27:2 29:19 29:25 PLEAS 1111:1 IK:14 19:13 21:21 resulting III 5:7
30:K 31:6 31:10 pockctlll 21:12 22:2 right 1101 7:7 12:25
31:16 31:25 point 111 K:13 IK:5 reasonablc ISI 6:22 16:25 20:11 20:13
painful III 20:13 IK:24 19:1 19:2 23:13 23:17 23:23 20:16 21:4 21:7
painkillcrs III 10:22 19:25 25:24 25:1 25:25 26:IH 27:5
painslll 22:9 positioncd III 11:13 reasons II PO:6 27:7 27:K 28:3
Palmcq214:19 practicc III 6:2 reasscss III 17:11 2H:6 29:17 30:9
4:24 receive 1214:24 31:11 31:IH 32:5
palpate III 14:6 premcdicallll 4:17 15:21 rips III
Rccesslll 25:K 29:21
parameters III 13:15 prepared III 31:13 roadJl) 1:13 3:5
paravcrtcbrallll K:23 PRESENT III 1:21 record 121 25:9 33:20 23:22
part 161 8:16 9:15 prescntcd III 7:1 records III 25:22 roolslll 15:5
IO:K 13:23 16:1 presscd 12113:19 13:22 Rcdlll 3:2 rotating III 13:14
27:13 pressure III 14:2 reduce III 9: I 9:4 Route III 9:25
particularlll 8:8 presuming III 24:17 reduced 121 16:11 RPRlRMRI21 1:10
25:24 3 1:4 pretty 121 19:5 19:K 33:11 33:23
particsIII 33:16 prevcnt 11112:3 reevaluations III 17:IK
pass 121 5:24 6:3 prevcntcd 121 II:IK regard 111 3:25 10:19 -S-
passcd III 6:7 12:K 13:9 22:24
11:24 23:9 23:16 sawlll 28:24
past III 20:13 prevcnting 121
31:16 regarding 121 6:19 scalclIl 10:23
paticnt 121 8: I 9:15 31:25
11:21 scenc III 25:13
paticnts III 4:11 prevcnts III 11:11 regcncration III 29:21 schedulclll 16:10
paYll1 21:12 primarily III 5:H region 191 12:24 13:20 schedulcd III 18:6
Pcnnsylvania 1'1 1:1 problcIDS121 12:2 19:7 19:7 19:10 school III 5:23
1:13 3:3 3:6 19:15 21:h 23:4 23:6
5:15 5:17 33:3 process ISI 5:6 9:3 24:15 scicntific 121 23:14
33:6 29:21 29:22 30:4 regions III 15:2 23:18
pcoplc 1'1 26:22 29:22 producing III 13:16 regulafJ21 16:7 IK:6 see 1161 7:11 7:12
30:1 H:I 9:1 12:13
profcssion III 4:3 relatcd 1\01 15:25 13:21 14:6 17:12
percent 1121 27:22 profcssionahll 5:11 22:5 23:11 23:24 18:20 20:2 20:5
27:24 29:4 29:5 prognosis 121 IK:17 24:12 26:1 2H:8 20:6 20:7 20:25
29:6 29:9 29:11
29:14 29:22 29:24 21:22 31:20 31:21 31:22 22:1 28:2
30:2 30:6 progress 1'1 17:11 relating III 4:8 scgmentallll 26:11
perfcct III 1ll:24 19:1 28:25 29:2 relations III 12:6 sclf-cmploycd 1'1 6:11
perform ISI 5:15 pronclIl K:6 relationship III 24:IK 6:12 6:13
7:4 13:4 13:12 protcct 1114:9 relativc 1'1 33:15 scminars III 4:21
13:13 protocol III 16:4 33:16 sensations III 14:9
performed ISI 14:5 Public 1'1 1:11 3J:4 relaYll1 17:5 scnsitivc III 30:3
15:1 18:11 IK:24 33:11 33:24 relaycd 11115:9 scparating III 13:25
22:13 relicfl21 14:1 17:5 sessions III 5:9
performing III IH:II -Q- relicvcdlll 14:2 sctlll 33:21
perhaps III 23:5 qucstionnaire III 11:7 rendCfJ21 6:IK 6:21 setting III 6:4
period 11'1 15:12 15:16 qucstions ISI 6:16 rendcred III 16:6 scvcnlll 6:14
16:13 16:14 16:19
16:22 17:19 IH:2 12:19 25:4 32:6 23:10 23:13 several III 13:11
IK:15 19:25 21:1K 33:9 repair III IK:IK 29:22 scxual III 12:9
27:25 2K:15 29:23 quitcIII 16:K repcatlll 29:12 shape III 26:14 2h:15
periods 11121:K Rcphrasc III 29:12 26:16
permancntlll 22:4 -R- report III 26:3 26:4 sheetlll 33:14
22:7 Rill 1:lh 2K:21 short III 13:15
person 121 13: 13 29:20 radiological III 22:13 reportCfJl1 3:17 shouldcqlol 12:25
3:19 33:12
HUGHES, ALBRIGHT, FOLTl: & NATALE
717-540-0220\717-393-5101
Index Page 5
show - witncss
JOHN HOMZA, D.C.
Multi-Pagc '"
12:2S 13:17 19:7 subjechvc 1'1 14:15 Ih:4 16:22 20:21 usually 1111 h:K
19:10 211:13 211:16 14:23 17:21 IK:211 29:20 29:22 29:25
21:5 21:7 23:4 22:3 tight III 23:3 -V-
show III 24:14 subjcctivcly III 15:25 tightncss III 9:1
shown III 24:6 successful III 6:1 timcslII 16:9 19:23 VIII 1:5
sidclSI K:24 K:25 SUChl'l K:5 14:23 22:20 various 1'111:2 13:13
15:6 16:4
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significant III IK:4 suddcn III 10:3 9:1 9:5 14:1 111:1
signs J2I 8:23 24:21 suddenly III IK:IK 24:6 29:21 1ll:2 15:23 23:12
111:5 23:19
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surpriscd III 13:22 13:25 14:7 13:24
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21:7 surrounding III 4:10 30:3 25:7
skin III 14:9 sustaincd 1'1 4:1 today 121 21:14 31:25 VIDEOGRAPHER ISI
sleeping III 12:1 4:12 5:7 7:9 Today's III 3:3 3:1 3:17 25:7
12:2 12:3 22:5 22:11 23:21 took 1>1 25:9 32:K
slightly III 27:11 5:K 24:13 videotaped 1'1
14:12 sustaining III 26:4 26:5 26:6 1:8
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5:4
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3:8 3:15 sworn III 3:21 33:9 travcllll 12:18 visit 1101 7:16 9:20
snap III 10:2 symptomatic III 24:20 travcling III 12:11 10:14 15:14 16:19
somconclll 26:25 symptoms 161 8:22 12:12 15:5 16:25 18:1 21:17
17:4 18:10 23:5 21:IK 21:19
sorry III 12:16 24:21 31l:5 treat III 16:6 visits 1'1 17:7 17:11
sort III 10:17 systcmll14:8 23:2 treatcd 1'1 3:25 4:11 IK:7 19:22 20:9
speakcr's III 7:4 2J;3 4:13 16:2 25:19 21:4 21:11 21:15
specifically 161 9:19 27:5 28:12 28:17 visual III 8:23
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treatments 1101 6:19
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21:16
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11:25 30:15 31:24 trucIII 33:20 weeks 1'1 9:4 16:9
start III 16:9 tcstify III 21:10 twicCl21 4:22 16:11 27:20 29:20
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steeperll! 24:7 tcstimony ISI 3:24 20:12 20:15 20:17 wcights 1'1 11:12
6:IK 27:10 33:7 22:22 28:5 31:19 11:13 31:16 32:1
stcmminglll 24:24 33:20 typc 1'1 WENGER III 1:15
stcnographically III 7:K 7:24
tcstinglll 13:5 13:11 26:11 29:25 WHEREOF III 33:21
33:11l
17:K typcs III 4:11 9:17 whiplashlSI 8:5
step III 9:K tcsts 1'1 13:11 13:19 22:25 IO:K 27:14 29:6
StcvcIII 3:12 14:3 14:5 14:K typcwriting III 33:12 29:16
STEVEN III 1:16 14:K 17:12 17:17 typicaIJ21 15:K 15:11 whiplashcdlll 14:24
stifflll 21l:17 themsclves 121 3:11 WICKERSHAM III
stiffncss III 20:14 30:K 1:19
therapy 11115:21 -U-
still 1'1 17:4 19:5 2K:9 Williams 171 1:16
19:11 21l:12 20:16 2K:IK Urn-hum III 14:19 2:4 3:12 3:12
21:2 21:4 21:5 therefore III 16:1 IK:3 3:23 25:4 32:7
SlOp III IK:12 third III 16:25 undcfJ II 33:12 wiShll1 6:2
stopped III 10:5 thoracic 121 31l:17 undcrstand III 7:24 within 110113:15 16:14
strain 121 27:11 27:19 30:21l 9:9 9:11 17:10 21:16 23:4
thought III 19:25 underwent III 2K:9 27:19 21:22 27:25
stress 121 14:1 18:11 three 121 UnivcrsitYll1 4:IK 29:19 33:5
struck III 10:1 5:25 Ih:9
through 1111 4:20 unusual III 15:lh without III 10:21
structure III 26:12 5:h h:17 10:3 13:25 211:IS witness 111 2:1
study III UPIII
4:19 13:1ll 15:19 IS:21 32:2 3:9 3:IK 3:20
Index Page 6
HUGHES, ALBRIGHT, FOLTZ & NATALE
717-540-0220\717-393-5101
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WIX - years
JOHN HOMZA, D.C.
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words 131 24:7 29:2S
work-relatcd III ll:1
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writtcn 11117:2
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28:24 28:24
X-rays 161 24:ll 25:16
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HUGHES, ALBRIGHT, FOLTZ & NATALE
717-540-0220\717-393-5101
Index Page 7
ORIGINAL
t~
DALE E. KORTZE, JR. AND
MARGARET ANN KORTZE,
PLAINTIFFS
V
NO. 97-2259 CIVIL TERM
IN TUE COUR'l' OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
MARTHA H. SMI'l'H AND
DENNIS W. 1I0ESCH, CIVIL ACTION - LAW
DEFENDANTS
VIDEO
DEPOSITION OF: JANET F. CINCOTTA, M.D.
TAKEN BY: PLAINTIFFS
BEFORE: DIANE WENDT, REPORTER
NOTARY PUBLIC
DATE: JULY 6, 1999, 1:01 P.M.
PLACE:
SHEPARDSTOWN FAMILY PRACTICE
2140 FISUER ROAD
MECHANICSBURG, PENNSYLVANIA
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APPEARANCES:
WIX, WENGER & WEIDNER
BY: STEVEN R. WILLIAMS, ESQUIRE
FOR - PLAINTIFFS
NEALON & GOVER
BY: JAMES G. NEALON, III, ESQUIRE
FOR - DEFENDANT SMI'l'U
METZGER, WICKERSHAM, KNAUSS & ERD
BY: JAMES F. CARL, ESQUIRE
FOR - DEFENDANT HOESCH
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JANET F. CINCOTTA, M.D., called as a witness,
being duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. WILLIAMS:
Q Good afternoon, Dr. Cincotta. We're taking
your deposition in this case because you treated
Margaret Kortze after her 1995 motor vehicle accident. Is
that correct?
A That's correct.
Q And are you also Mrs. Kortze's family
physician?
A Yes.
Q Before we get into the accident and your
treatments, would you just tell the jury a little bit
about your practice?
A This is a general family practice, consists of
six physicians and several nurse practitioners.
Q And how long have you been practicing medicine?
A Twenty-five years.
Q And how long have you been practicing medicine
in Shepardstown Family Practice?
A Twenty-five years.
Q Are you a member of any professional
associations?
A The American Academy of Family Physicians.
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Q And do you have any affiliations with any
hospitals?
A I'm on courtesy staff at Harrisburg Hospital.
Q You also have an affiliation with the
Mechanicsburg School District. Is that correct?
A A school physician.
Q And you're obviously licensed to practice
medicine in Pennsylvania?
A Yes.
Q Are you also board certified?
A I'm board certified in family practice.
Q And would you explain for the jury what it
means to be board certified and what it takes to become
board certified?
A You take recertification examinations every six
years throughout your career, and you have to meet a
certain number of hours of continuing medical education.
Q Now, in your practice, do you come across the
types of injuries that Mrs. Kortze sustained in the
automobile accident?
A We do.
Q And do you with some regularity treat these
types of injuries?
A We do.
MR. WILLIAMS: I'd like to offer -- is there
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any --
MR. NEALON: I have no questions on
qualifications.
MR. CARL: I have no questions on
qualifications.
BY MR. WILLIAMS:
Q Dr. Cincotta, can you tell us, when did
Margaret Kortze first come to see you in relation to this
accident?
A She was first seen on May 6th, 1995. And
during that visit, she did not see myself. She saw one of
my partners. That was for her follow-up from the
emergency room.
Q And you have Mrs. Kortze's file in front of
you. And is that file -- does that file contain notes of
that first visit?
A Yes, it does.
Q And is it normal business practice for you and
your associates to take notes of visits and such?
A Yes.
Q What was the indication in that first visit of
the accident? Why was Mrs. Kortze here?
A She was being seen probably following her visit
in the emergency room just for a follow-up. They usually
recommend that they come back in a couple days for a
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reevaluation.
Q Can you tell us what were the complaints at the
time?
A This note says head -- headache and neck pain.
And that's really the only note of any particular
symptoms.
Q And what was -- what was done at that visit as
far as prescriptions or treatment plans?
A She was examined, her neck and her shoulders
and was advised just to rest, apply ice and to take
medication as needed for pain and stiffness for a couple
of days.
Q And was there a diagnosis made at the time?
A Neck strain secondary to MVA.
Q And MVA is motor vehicle accident?
A Right.
Q Okay. When was the next time that Mrs. Kortze
was seen in the office?
A For this problem?
Q Yes.
A It was on June 13th. And that was just for a
follow-up visit.
Q Okay. And can you tell us what was her
condition at that time?
A She said she had felt better for a few days
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after her first visit but then was having increasing pain
in the left side of her neck and shoulder. The pain was
primarily in the middle portion of her neck, radiated to
the back of her shoulder. And she was experiencing some
tingling in her arm. And she had not noted any weakness
up to that point.
Q And what can you tell the jury about these
types of symptoms as they relate to the diagnosis that was
made in that first visit?
A Generally they would be secondary to mnscle
spasm, tightness.
Q Okay. Consistent with the type of injury or
impact?
A Right.
Q Now, at some point during that visit or shortly
after that visit, was there some concern that you had
about nerve damage?
A Because of the tingling in her arm, I worried
that perhaps a disc was damaged or there was pressure on a
nerve.
Q Okay. And what was done in that regard?
A At that point, I had ordered a nerve conduction
test to be done, however, because of some other medical
problems, that testing was actually delayed for over a
month.
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Q Okay. And the testing ultimately was normal.
Correct?
A It ultimately was normal.
Q Okay. When was the next time that she was seen
in your office?
A That was July 18 -- no, I'm sorry -- September
14th.
Q Okay. And can you tell us what the complaints
were at the time?
A By this time, she had her nerve conduction
test, and that was normal. And because of her other
medical problems, she had been resting and things had
gotten a little bit better. But now that she was more
active, she was having again more pain, burning across the
upper left shoulder, pain in the shoulder blade, the neck
and again some tingling in the arm and hand.
Q Okay. And this was September of '95?
A Right.
Q And what did you make of those complaints at
that time?
A Well, at that point since her nerve conduction
study was normal, we decided that she should begin
physical therapy.
Q Okay. The complaints that she was making
during the September visit, were they consistent with the
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same kind of complaints she had been making since the
accident?
A Yes.
Q And did you make a determination at that time
about the source of the particular complaints that she was
making in September of '95?
A That they were just a continuation of the
problems she's had since her accident.
Q Okay. You mentioned physical therapy. That
was prescribed by you?
A Yes.
Q And where did she undergo physical therapy?
A At Central Penn Rehab.
Q And can you tell us for what time period she
underwent physical therapy?
A She was initially evaluated on September 19th,
1995. And she was ultimately discharged in March, March
6th, 1996.
Q Did you have occasion to visit with her after
March of '96 when she was discharged from the physical
therapy?
A
Q
That would have been on July 10th, 1996.
And what did she -- what did she indicate in
that visit as far as her -- the injury, the complaints,
the pain?
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A She had rea ponded fairly well to the physical
therapy and continued with the home exercise program.
Since ahe was diacharged from formal physical therapy, ehe
was again noticing aomo pain in the neck and ahoulder, in
the back of the shoulder and acapula. And at that point,
there waa no further problem with any tingling or numbness
in the arm. The same deacription of pain was the burning
sensation.
Q Did you make a determination at that time as to
the cause or the origination of the pain and the
discomfort that ahe had relayed to you in July of '96?
A I aasumed it was from the continuation of the
same injury since there hadn't really been any mention of
any other strain injury to the area. It waa just with the
resumption of her uaual activities.
Q Was it the same types of pain and discomfort
that she had described in the paat?
A The deacription waa the same.
Q In the same areaa?
A Yes.
Q Doctor, I'm going to ask you to render some
opinion a regarding the injuriea that Mrs. Kortze austained
and the treatmenta. And I juat want to preface by asking
if you're able to a reasonable degree of medical certainty
to render opiniona on Mrs. Kortze'a treatment and her
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injuries?
A I believe so.
Q There is some indication after the automobile
accident that at Holy Spirit Hospital an x-ray was taken
and there was some degenerative changes shown in her upper
neck, back region. Were you aware of that?
A Yes.
Q And did you have any concern about that as
being related to the pain that she was experiencing when
she first came to see you?
A The only concern I had for that area was when I
was concerned with some nerve injury from a possible disc
injury. But she had been a patient here for almost seven
or eight years and really had never had any complaints
referable to her neck or shoulder up until that point.
Q Okay. Did you believe at that time that the
degeneration had any effect or any impact?
A Not really because we see a lot of patients
with degenerative neck x-rays and they really don't
complain of any pain or problem with that.
Q You've had an opportunity to review -- you said
she was a patient here for seven or so years before the
accident?
A Right.
Q Was there ever a time that she made any
--,
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indications that she had any symptomatology about -- or in
that area of her neck or back?
A No, there was not.
Q Now, Doctor, do you have an opinion to a
reasonable degree of medical certainty as to whether there
was any causal connection between the injuries that Mrs.
Kortze came to you with in May of '95 and the motor
vehicle accident that she was involved in in early May?
A Well, I believe they were caused by the
accident.
Q And the treatments that you rendered to her
specifically out of this office, do you have an opinion as
to whether they were necessary and reasonable and causally
related to the motor vehicle accident?
A Yes, I believe so.
o Okay. Now, you testified earlier that it
was -- it was actually you that prescribed the physical
therapy. And do you have an opinion to a reasonable
degree of medical certainty as to the causal connection
between the need for physical therapy and the motor
vehicle accident?
A Well, she had not responded to conservative
treatment up to that point. There really wasn't -- I mean
that would seem to be a reasonable thing for her next
step.
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Q Now, is there -- can you tell us anything about
what this injury -- these injuries may hold in the future
for Mrs. Kortze?
A I would say in my experience with patients who
have prolonged pain or stiffness in the neck following
these injuries, that it goes on, you know, for more than a
couple of months, that they do tend to have a tendency to
recur with time depending on their activity, posture and
whether or not they continue their home exercise program,
that type of thing.
Q Okay. And what kinds of effects would you
expect in the future?
A Stiffness, achiness, that burning sensation
would be very typical.
Q Same types of things that she --
A Yes.
Q -- had complained to you about in those visits?
A Um-hum.
Q And with regard to the future problems, the
statements that you just made, are those made to a
reasonable degree of medical certainty?
A Yes.
MR. WILLIAMS: That's all I have.
MR. NEALON: Can we go off camera for a second?
VIDEO OPERATOR: Going off the video record.
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The time of day is 1:15 p.m.
VIDEO OPERATOR: Back on the video record. The
time of day is 1:19 p.m.
CROSS EXAMINATION
BY MR. NEALON:
Q Doctor, you indicated that when you first saw
Ms. Kortze you diagnosed her with a cervical strain. Is
that right?
A Yes.
Q And at some point in time, you suspected there
might be disc involvement. Is that right?
A Yes.
Q But you ruled that out?
A Yes.
Q So essentially, your diagnosis has always been
a cervical strain?
A Right.
Q So it's a muscle strain?
A Primarily.
Q Now, by my count, you saw her for the
accident-related problems approximately five or six times?
A Um-hum.
Q And you said in September of '95, you referred
her to physical therapy. Is that right?
A Yes.
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Q While we were off camera, I had pointed you
towards the physical therapy notes, which I think you got
from the physical therapist as the treatment went on?
A Yes.
Q And they initially did an evaluation on
September 19, '95. Is that right?
A Yes.
Q Could you tell the jury what the short and
long-term goals were of the physical therapist?
A The short-term goals were to resolve muscle
spasming and pain to palpation of structures in the
cervical and shoulder girdle region, to decrease the
patient's complaints of pain to between zero and two out
of a level of ten. The long-term goals were the patient
would experience within normal limits cervical range of
motion without restriction secondary to pain. The patient
will be independent with a home exercise program and will
return to normal activity level asymptomatic.
Q And I assume asymptomatic means without pain?
A Right.
Q Now, if you look through the physical therapy
notes after that initial evaluation, would you agree with
me that Ms. Kortze showed improvement?
A Yes.
Q And I believe she started showing improvement
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right after the first visits?
A After the first month, the end of the first
month.
Q And then I think you said she was discharged in
March of '96?
A Yes.
Q Now, could you go to the discharge report --
A Yes.
Q -- which I believe is dated March 6th, '961
A Um-hum.
Q And would you tell the jury what progress she
made in physical therapy?
A It said that she had reached physical therapy
goals, was able to return to functional activities as
prior to injury. Maximum potential has been reached,
discontinue active physical therapy program.
Q up above where it says progress, does it also
state that -- quote -- patient is consistent with home
exercise program, return to prior activities asymptomatic?
A Yes.
Q So as of March of '96, Ms. Kortze is doing the
activities she was doing before the accident and without
pain?
A Right.
Q And I think you said you saw her one more time
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in July?
A Right.
o Now, I think what you also said was you have
not seen her since that time for accident-related
problems.
A Right.
Q Is that right?
A That's right.
Q But you have seen her for physical exams,
coughs and colds. Is that right?
A That's right.
Q For instance, I noticed in your records you saw
her December 23, 1997?
A Um-hum.
Q And your notes indicate that at that time she
was having difficulty doing daily activities. Is that
right?
A Yes.
Q There was no mention of the automobile
accident, though, was there?
A No.
Q What did you attribute her problems doing daily
activities to?
A I think it was loss of energy, fatigue.
Q Not due to the motor vehicle accident though?
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A Not according to this note, no.
o I think you indicated it could be what
problems could have been causing that though?
A There was a problem with some depression.
o Again though, not related to the automobile
accident?
A No.
o And I think you saw her again in January of
'98?
A Yes.
Q And was there any mention of the motor vehicle
accident?
A Actually, I didn't see her then. But, no,
there was not.
Q One of the other physicians in the practice --
A One of the nurse practitioners saw her then.
o And there was no mention of the motor vehicle
accident or any problems associated therewith?
A No.
Q And I think you or one of your partners saw her
November 6th, 1998, for a physical exam?
A Yes.
o Again, was there any mention of the motor
vehicle accident?
A No.
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Q And, in fact, the diagnosis at that time was
well adult?
A Right.
Q And then I think you saw her in March of '99
for a routine cold?
A Again, right.
Q Again, no mention of any motor vehicle accident
problems?
A No.
Q So for the last three years or so, you've seen
her on and off but not once did she complain of any
problems attributable to the motor vehicle accident that's
documented?
A That's documented. You're right. But those
visits were completely unrelated visits that weren't
really set up to address, you know, other problems.
Q Well, at least two of them were for physical
exams?
A Well, they were for gynecological exams. One
was for a physical exam. Right. But the rest --
Q November 6th, '98 was a physical exam?
A Right.
Q And I would assume that when you do a yearly
physical exam you ask all their problems?
A Yes.
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Q And there's no mention on that date of any
problems referable to the automobile accident?
A No, there isn't.
Q Doctor, you indicated that your specialty is
family practice. Is that right?
A Yes.
Q If something is more complicated, you refer
people out?
A Yes.
Q And, in fact, in this case, you referred her
out to a neurologist to do the EMG and nerve conduction
studies?
A Right.
Q Did you ever at any time refer Ms. Kortze to an
orthopedic surgeon?
A No.
Q Did you ever refer her to a chiropractor?
A No.
Q The only referral you made in this case was for
physical therapy
A Yes.
Q -- and the EMG. Is that right?
A Yes.
MR. NEALON: That's all I have.
CROSS EXAMINATION
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BY MR. CARL:
Q Dr. Cincotta, I have just a question or two.
July 10, 1996 was the last time that you saw Mrs. Kortze
for the problems related to the accident of May 1995. Is
it fair to say that at that time you discharged her as far
as that accident was concerned?
A No, I said I recommended continuing her home
exercise program, a trial of over-the-counter medication
with a progress report depending on her response. So I
left it open to her to get back in touch with me if she
continued to have problems.
Q And did you say if you have problems, get in
touch with me, let me know?
A Right.
Q And you didn't hear anything from her --
A No, I haven't.
Q -- relative to that accident. Did you?
A No.
MR. CARL: Thank you. I have no further
questions.
REDIRECT EXAMINATION
BY MR. WILLIAMS:
Q Dr. Cincotta, is there anything in your notes
that indicates that during the subsequent visits Mrs.
Kortze indicated that she had no further effects from the
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COUNTY OF DAUPHIN
COMMONWEALTH OF PENNSYLVANIA
.
.
SS
I, Diane Wendt, a Notary Public, authorized to
administer oaths within and for the Commonwealth of
Pennsylvania, do hereby certify that the foregoing is the
testimony of Janet F. Cincotta, M.D.
I further certify that before the taking of
said deposition, the witness was duly sworn; that the
questions and answers were taken down stenographically by
the said Reporter-Notary Public, and afterwards reduced to
typewriting under the direction of the said Reporter.
I further certify that the said deposition was
taken at the time and place specified in the caption sheet
hereof.
I further certify that I am not a relative or
employee or attorney or counsel to any of the parties, or
a relative or employee of such attorney or counsel, or
financially interested directly or indirectly in this
action.
I further certify that the said deposition
constitutes a true record of the testimony given by the
said witness.
IN WITNESS WHEREOF, I have hereunto set my hand
this 6th d~~Of July, 1.999. I L
\.._<11110 If]v,1 ('( -I-
~ iane Wendt, Reporter
~~~~ Public
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Multi-Pagc '"
'95 - discharged
JANET F. CINCOTfA, M.D.
achincss III 13: 13 continuclIl 13:9
-'- action III 23:19 -C- continued 121 10:2
'951SI K:17 '}:6 active 121 K,14 Ih:16 camCraJ2113:24 15:1 21:11
12:7 14:23 15:6 activitics 161 J(U5 caption IIP3: 13 continuing 121 4:17
'961SI 16:14 Ih:19 Ih:22 21:7
9:211 Ill: II career II I 4:lh
16:5 16:9 16:21 17:16 17:23 CARLI'I 2:6 correct 1'1 3:K 3:9
'981'1 IK:9 activitYJ21 I3:K 5:4 4:5 8:2
19:21 21:1 21:1'}
'99111 19:4 15:IK coughs III 17:10
address 1I11'}:lh caSCIII 3:h 211: III counscl121 23:16
211:19
-1- administcrlll 23:4 causaIJ21 23:17
12:6 12:19
adult III 19:2 causally III count III 14:20
10111 21:3 3dviscd III 12:13 COUNTY III 23:1
6: III causcd III 12:9
10thlll 9:22 affiliation III 4:4 couplc III 5:25 6:11
13thlll 6:21 affiliations III causing III IK:3 13:7
4:1
14111 2:5 afternoon III 3:5 Ccntralll19:13 courtcsy III 4:3
14thlll 8:7 aftcrwards III 23:111 ccrtain III 4:17 CROSS III 2:2
18111 8:6 again 1'1 certainty 1'1 10:24 14:4 20:25
K:14 K:16 12:5 12:19 13:21
19111 15:6 10:4 IK:S 18:K certified 1'1
19951'1 3:7 5:10 18:23 19:6 19:7 4:10 -0-
4:11 4:13 4:14
9:17 21:4 agree III 15:22 certify ISI 23:5 daily 121 17:16 17:22
1996111 9:18 9:22 almost III 11:13 23:7 damagcllJ7:17
23:12 23:15 23:20
21:3 always III 14:15 ccrvicalJ'l 14:7 damagcdlll 7:19
1997111 17:13 American III 3:25 14:16 15:12 15:15 datcIII 20:1
1998111 18:21 answcrs III 23:9 changcs III 11:5 datcdlll 16:9
1999111 23:24 apply III 6:10 chiropractor III 211:17 DAUPHlNIII 23:1
19thlll 9:16 area III 10:14 11:11 Cincotta 1'1 2:3 days III 5:25 6:12
1:15111 14:1 12:2 3:1 3:5 5:7 6:25
1:19111 14:3 areas III 10:19 21:2 21:23 22:5 Dceemberlll 17:13
1:26121 22:5 22:7 arm 1'1 7:5 7:18 23:6 dccidcdlll K:22
K:16 10:7 cold III 19:5 dccreasc III 15:12
-2- associatcdlll IK:IK coldsllJ 17:10 dcgcncration III 11:17
20111 2:6 associatcs III 5:19 Commonwcalthl2123:2 dcgcncrativc 121 11:5
23:4
21 III 2:4 associations III 3:24 complain 121 11:19
lUll
23111 17:13 assume 121 15:19 19:23 19:11 degree 1'1 10:24 12:5
assumed III Ill: 12 complaincd III 12:19 13:21
13:17
-3- asymptomatic I'l 15:IK dclaycdlll 7:24
15:19 16:19 complaints 191 6:2 dcpending 121 13:8
3111 2:4 K:K K:19 8:24 21:9
attorncy 121 23:16 9:1 9:5 9:24
23:17 11:14 15:13 dcposition 161 3:6
-6- attributablc III 19:12 complctcly III 19:15 22:4 22:7 23:K
6th 161 attributc III 23:12 23:20
5:10 9:18 17:22 complicatcd III 20:7 dcpression III 18:4
16:9 IK:21 19:21 authorized III 23:3 concern III 7:16
23:24 automobilc ISI 4:20 II:K 11:11 dcscribed III 10:17
11:3 17:19 IK:5 concerncd 121 11:12 dcscription 121 10:7
-A- 211:2 21:6 IO:IK
ablcl21 10:24 16:14 aware III lI:h concludcd 121 22:5 dctcrmination 121 9:4
10:9
abovc III 16:17 22:7 diagnoscd III 14:7
Academy III 3:25 -B- condition III 6:24
diagnosis 1'1 6:13
accidcnt 1"1 3:7 becomcll14:13 conduction 1'1 7:22 7:K 14:15 19:1
3:13 4:20 5:9 begin III K:22 K:IO K:21 211:11 Diancl'l 23:25
23:3
5:22 6:15 9:2 bettcr 1'1 6:25 K:13 connection 121 12:6 difficulty III 17:16
9:K 11:4 11:23 12:19
12:K 12: III 12:14 between III 12:h conscrvative III 12:22 DIRECT 121 2:2
12:21 16:22 17:20 12:211 15:13 consistcnt III 3:3
17:25 IK:6 IK:12 bitl'l 3:14 K:13 7:12 direction III 23:11
K:25 16:IK
IK:18 IK:24 19:7 bladclIl K:15 consists III 3:16 directly III 23:IK
19:12 211:2 21:4 board 1'1 4: III 4:11 disCIII 7:19 11:12
21:h 21:17 22:1 constitutcs III 23:21
accidcnt-relatcd 1'1 4:13 4:14 contain III 5:15 14:11
burning III K:14 dischargc III 16:7
14:21 17:4 continuation 1'1 9:7
1ll:7 13:13 discharged ISI 9:17
according III IKI Ill: 12
busincss III 5:IK 9:211 10:3 16:4
IIUGHES, ALBRIGHT, FOl.TI. & NATAl.E
717-540-0220\717-393-5101
Index Page I
discomfort - ncedcd
JANET F. CINCO'\"I'A, M.D.
M It' P '"
U 1- age
21:5 family 161 3:10 3:lh impact PI 7:13 11:17
discomfort 1'1 10:11 3:21 3:25 4:11 improvcmcnt PI 15:23 -M-
HUh 20:5 IS:2S M.DIII
discontinuc III 16:16 farlll h:K 9:24 incrcasing)ll 2:3 3:1
7:1 23:h
District III 4:5 21:5 indcpcndcnt III 15:17 March 111
fatigUC)l117:24 9:17 9:17
Doctorl'l 10:21 12:4 indicatc PI 9:23 9:20 16:5 16:9
14:6 20:4 fclt)ll 6:25 17:15 16:21 19:4
documentcd 121 19:13 fcw)ll 6:25 indicatcd 1'1 14:6 Margarctl21 3:7
19:14 filclIl 5:14 5:15 IK:2 20:4 21:25 5:8
doncPI 6:7 7:21 5:15 indicatcs )II 21:24 Maximum)ll 16:15
7:23 financially III 23:IK indication 121 5:21 maYlsl 5:10 12:7
dOWn)l1 23:9 first 1111 5:K 5:10 11:3 12:K 13:2 21:4
DfJsl 3:5 5:7 5:16 5:21 7:1 indications III 12:1 mean III 12:23
21:2 21:23 22:4 7:9 11:10 14:6 indirectlY)l1 23:IK mcans 1'1 4:13 15:19
duc)ll 17:25 16:1 16:2 16:2 initial III Mcchanicsburg)ll 4:5
fiVCll1 14:21 15:22
duly PI 3:2 23:8 follow-up III 5:12 injurics 171 4:19 medical 111 4:17
during 1'1 5: II 7:15 5:24 6:22 4:23 1ll:22 11:1 7:23 K:12 10:24
K:25 21:24 following PI 12:6 13:2 13:6 12:5 12:19 13:21
5:23 injury 1'1 7:12 9:24 mcdication PI 6:11
13:5
-E- follows III 10:13 10:14 11:12 21:8
3:2 11:13 13:2 16:15 mcdicinc III 3:18
carlYll1 12:K foregoing III 23:5 instancc )II 17:12 3:20 4:8
education III 4:17 formal)ll 10:3 intcrestcd )II 23:18 meet)ll 4:16
cffcctl21 11:17 22:2 front)ll 5:14 involvcd )II 12:K mcmbcrlll 3:23
cffccts PI J 3: II 21:25 functional )II 16:14 involvcmcnt )II 14:11 mcntion 171 10:13
cight)ll 11:14 future III 13:2 13:12 17:19 IK:II IK:17
cmergcncy 121 5:13 13:19 -1- IK:23 19:7 20:1
5:24 mcntioncd )II 9:9
EMGI21 20:11 20:22 -G- Janctlll 2:3 3:1 middlcll17:3
cmployeel21 23:16 23:6 might)ll
gcncral)l13:16 January)ll 14:11
23:17 18:K month PI
GcncrallY)l1 7:10 JUlYl61 8:6 9:22 7:25 16:2
cndlll 16:2 16:3
cncrgY)l1 17:24 girdlclll 15:12 10:11 17:1 21:3 months )1113:7
givcnlll 23:21 23:24
csscntiallY)l1 14:15 motion III 15:16
goals 1'1 15:9 15:10 JunC)l1 6:21
cvaluatedlll 9:16 15:14 16:14 jurylSI 3:14 4:12 motOfJ121 3:7 6:15
cvaluation 121 15:5 gOCS)l1 13:6 7:7 15:K 16:11 12:7 12:14 12:20
15:22 17:25 18:11 18:17
cxam 141 IK:21 19:20 GOOdll1 3:5 18:23 19:7 19:12
19:21 19:24 gynccologicallll 19:19 -K- 22:1
EXAMINATION 141 kindlll 9:1 Mrsllll 3:10 4:19
3:3 14:4 20:25 -n- kindslll 13:11 5:14 5:22 6:17
21:21 Kortze (141 3:7 4:19 10:22 10:25 12:6
hand", K:16 23:23 13:3 21:3 21:24
cxaminations III 4:15 Harrisburg )II 4:3 5:K 5:22 6:17 MSl41
cxamincdlll 6:9 10:22 12:7 13:3 14:7 15:23
head III 6:4 14:7 15:23 16:21 16:21 20:14
cxamslll 17:9 19:IK hcadachc )II 6:4 20:14 21:3 21:25 musclc 1]1 7: 10 14:IK
19:19 hCar)l1 Kortze's (II 3:10 15:10
cxcrcisc ISI 10:2 21:15
13:9 15:17 16:19 hcrebY)l1 23:5 5:14 10:25 MVAI21 6:14 6:15
21:K hcreoflll 23:14 -N-
CXpectll1 13:12 hcreunto )II 23:23 -L-
cxpericnce 121 13:4 hold III 13:2 lastl21 19:10 21:3 NAME)l12:2
15:15 HolY)l1 11:4 Icast)ll 19:17 NEALON ISI 2:5
cxpcricncing PI 7:4 homclsl 10:2 13:9 Icftlll 7:2 K:IS 5:2 13:24 14:5
11:9 15:17 16:IK 21:7 21:10 20:24
cxplain)l14:12 Hospital 121 4:3 Icvcll'1 IS:14 15:IK ncccssary )II 12:13
11:4 liccnscdlll 4:7 neck 1121 6:4 6:9
-F- hospitals )II 4:2 limits III 15:15 6:14 7:2 7:3
K:15 10:4 11:6
Fill 2:3 3:1 hours 1'1 4:17 long-term 121 IS:9 II:IS 11:19 12:2
23:6 15:14 13:5
fact 121 19:1 20:10 -I- look III IS:21 nCCd)l1 12:20
fair)ll 21:5 icelll 6:10 loss III 17:24 needcd)l16:11
fairly III 10:1
Index Page 2
HUGHES, ALBRIGHT, FOLTZ & NATALE
717-540-0220\717-393-5101
("'1
,
. , . .
ncrvc 111 7:17 7:20 7:1 7:2 K:14 lII:h 11:211 IK:4 IK:5 21:4
7:22 K:III K:21 K:IS 9:2S 111:4 problcms 11'11 7:24 relation III S:K
11:12 211:11 11I:7 HUll 1II,Ih K:12 l);M 13:19 relativc III
neurologist III 211:11 11:9 11:20 I3:S 14:21 17:5 17:22 21:17
IS:II 15:13 IS:16 23:15 23:17
ncveq II 11:14 15:19 Ih:23 IK:3 IK:IK I'}:K relaycd 11111I: II
ncxtlll 6:17 K:4 19:12 19:11, 19:24
12:24 palpation III IS:II 20:2 21:4 21:11 rendcq'l 1ll:21 11I:25
normal J1I 5: I K K:I particular 121 h:5 21:12 rendcred III 12:11
K:3 K:II 8:22 9:5 professional III 3:23 report III 16:7 21:9
15:15 15:IK particslll 23:lh program 161 11I:2 Rcportcr J2I 23:11
Notary III 23:3 partncrs 1'1 5:12 13:9 15:17 16:16 2J:25
notclll 6:4 6:5 18:20 16:I'} 21:K Rcportcr- Notary III
IK:I past III 1ll:17 progress "I 16:11 23:10
notcdlll 7:5 paticntlsl 11:13 11:22 Ih:17 21:9 resolvc II 1 15:11I
notcs 161 5:15 5:19 15:14 15:lh 16:IK prolongcd III 13:5 responded 121 10:1
15:2 15:22 17:15 paticnt's III IS:13 Public 121 23:3 23:10 12:22
21:23 paticnts 121 II:IK responsc III 21:9
nothinglll 22:2 13:4 -Q- rest 121 6:11I 19:20
noticcd 11117:12 Pcnnlll 9:13 qualifications 121 5:3 resting III 8:12
noticing III 11I:4 Pcnnsylvania III 4:K 5:5 restriction III 15:16
Novembcrl21 18:21 23:2 23:5 qucstions 1'1 5:2 resumption III 10:15
19:21 PCOplClI1 20:8 5:4 21:20 23:9 return III 15:18 16:14
nowllIl 4:18 7:15 pcrhaps III 7:19 quote III 16:IK 16:19
K:13 12:4 12:16 pcriodlll 9:14 revicwIII 11:21
13:1 14:20 15:21 physical 1241 K:23 -R- right 1"1 6:16 7:14
16:7 17:3 22:5 9:9 9:12 9:15 radiatcd III K:IK 11:24 14:8
numbcrll14:17 9:20 11I:1 10:3 7:3 14:11 14:17 14:24
numbncssIII 10:6 12:17 12:20 14:24 rangclll 15:15 15:6 15:20 16:1
nursc 121 3:17 IK:16 15:2 15:3 15:9 reachcd 121 16:13 Ih:24 17:2 17:6
15:21 16:12 16:13 16:15 17:7 17:8 17:10
16:16 17:9 IK:21 reallYJ1l 6:5 10:13 17:11 17:17 19:3
-0- 19:17 19:20 19:21 11:14 II:IK 11:19 19:6 19:14 19:20
oaths III 23:4 19:24 20:20 12:23 19:16 19:22 20:5 20:13
obviously III 4:7 physician 121 3:11 reasonablc 161 10:24 20:22 21:14
4:6 12:5 12:13 12:IK room 121 5:13 5:24
occasion III 9:19 physicians "I 3:17 12:24 13:21 routinc III 19:5
offl'l 13:24 13:25 3:25 IK:15 recertification III 4:15 rulcdlll 14:13
15'1 19:11
offcrlll 4:25 placclIl 23:13 recommcndlll 5:25
planslll 6:8 recommcndcd III -S-
office "I 6:18 8:5 21:7
pointl'l 7:6 7:15
12:12 record "I 13:25 14:2 sawllol 5:11 14:6
7:22 K:21 10:5 23:21 14:20 16:25 17:12
oncelll 19:11 11:15 12:23 14:11I
oncl61 5:11 16:25 pointcd 1111 5: I records 11117:12 18:K 18:16 18:20
RECROSS III 19:4 21:3
18:15 18:16 IK:20 portion II I 7:3 2:2
19:19 recurlll I3:K saYSI'I 6:4 16:17
open III 21:10 possiblclIl 11:12 REDIRECT 121 2:2 scapula III 10:5
OPERATOR III 13:25 posture 1111 3:K 21:21 school121 4:5 4:6
14:2 22:4 potcntiallll 16:15 reduced III 23:11I sccondlll 13:24
opinion III 12:4 practicc 1'1 3:15 reevaluation III 6:1 sccondary "I 6:14
12:12 12:18 3:16 3:21 4:7 refcqll 20:7 20:14 7:10 15:16
4:11 4:IK 5:IK
opinions 1'1 10:22 IK:15 20:5 20:17 seelsl 5:K 5:11
10:25 practicing 121 refcrablc 121 11:15 11:10 II:IK 18:13
opportunity III 11:21 3:IK 20:2 SCCmll1 12:24
3:20
ordcred 1117:22 practitioncrs 121 3:17 refcrra11l120:19 scnsation 121 10:8
origination III J(1:I0 IK:16 referred 121 14:23 13:13
orthopedic III 20:15 preface III 10:23 211:11I Scptcmbcrl11 8:6
ovcr-thc-countcr III regard 121 7:21 13:19 K:17 K:2S 9:6
prescribed 1'1 9:10 9:16 14:23 15:h
21:K 12:17 regarding III 10:22
prescriptions III region 121 11:6 15:12 sct121 19:16 23:23
6:K
-p- regularity III 4:22 scvcn 121 11:13 11:22
pressure III 7:19 scvcral III 3: 17
p.ml'l 14:1 14:3 primarily 1'1 7:3 Rchablll 9:13 shcctlll
22:6 22:K 14:19 relatclIl 7:K 23:13
pain 11'1 6:4 h:1I problcm 1'1 6:19 relatcd 1'1 11:9 12:14 Shcpardstown III 3:21
short III 15:K
'\
HUGHES, ALBRIGHT, FOLTZ & NATALE
717-540-0220\717-393-5101
Multi-Pagc'"
ncrve - short
JANET F CINCOTTA M D
Index Page 3
short-tcrm - ....cro
JANET r CINCOTI'A M D
M I. p '"
u 11- age
. . . , . .
shorHcrml1l 15:1ll tcsting 1'1 7:24 K I visit 1111 5:11 5:16
shortly III 7:IS Thank III 21 :1'1 S:21 5:23 6:7
h:22 7:1 7:'1
shouldeq'l 1:2 thcrapist 121 15:3 7:IS 7:1(, K:25
7:4 K:IS K:IS 15:'1 9:11) 9:24
1ll:4 11I:5 11:15 therapy 1161 K:23 visitsl61 5:19 13:17
15:12 9,9 9:12 '1:15 16:1 19:IS 19:15
shouldcrs III 6:'1 '1:21 IlU 11I:3 21:24
showcd 11115:23 12:IK 12:20 14:24
15:2 15:21 16:12
showing III 15:25 16:13 16:lh 211:20 -w-
shown III 11:5 therewith III IK:IK wcakncss III 7:5
sidclIl 7:2 three III 1'1:11I Wendt 121 23:3 23:25
six I'l 3:17 4:15 through III 15:21 WIIEREOFIII 23:23
14:21 throughout III 4:lh WILLIAMS 171 2:4
sorry III K:6 tightncss III 7:11 3:4 4:2S 5:6
source III 9:5 times III 14:21 13:23 21:22 22:3
spasm III 7:11 tingling 1'1 7:5 withinl21 15:15 23:4
spasminglll 15:11 7:IK 8:16 10:6 withoutJII 15:16
specialty III 20:4 touch 1'1 21:111 21:13 15:19 16:22
specifically 121 12:12 towards III 15:2 witncss 1'1 3:1
22:2 23:K 23:22 23:23
specificd III 23:13 treat III 4:22 WITNESSES III 1:1
Spirit III 11:4 treatcd III 3:6 worricd III 7:IK
treatmcntl'l 6:8
SSIII 23:1 10:25 12:23 15:3
stafflll 4:3 treatmcnts III 3:14 -x-
started III 15:25 10:23 12:11 x-raYIII 11:4
statc II I 16:18 trial III 21:K x-rays III II: 1'1
statemcnts III 13:20 trucIII 23:21
stcnographically III Twenty-fivc 1'1 3:1'1 -y-
23:9 3:22 ycarly III 19:23
stcPll1 12:25 tWOJlI 15:13 19:17
ycars 161 3:1'1 3:22
stiffness III 6:11 21:2 4:16 11:14 11:22
13:5 13:13 type 1'1 7:12 13:10 1'1:11I
strainlSI 6:14 10:14 types ISI 4:19 4:23
14:7 14:16 14:18 7:8 10:16 13:15 -z-
structures III 15:11 typewriting III 23:11
studicSll120:12 typical III 13:14 zero III 15:13
study I'I 8:22
subscqucntlll 21:24 -U-
SUChl'l 5:19 23:17 ultimatcly III K:I
surgcon III 20:15 8:3 9:17
suspectcd III 14:10 Um-huml'l 13:IK
sustaincd 1'1 4:19 14:22 16:10 17:14
10:22 undcrlll 23:11
sworn 1'1 3:2 23:K undcrgolll 9:12
symptomatology III undcrwcntlll 9:15
12:1 unrelatcdlll 19:15
symptoms 121 6:6 UPlsl 7:6 11:15
7:K 12:23 16:17 19:16
Upperl21 K:15 11:5
-T- usual III 1l1:lS
takcslll 4:13 usually III 5:24
taking 1'1 3:5 23:7
tcnlll 15:14 -v-
tcndlll 13:7 vchiclc I "I 3:7
tcndencYll1 13:7 6:15 12:K 12:14
tcstl'1 7:23 K:II 12:21 17:2S IK:II
testified 121 3:2 IK:17 IK:24 19:7
19:12 22:1
12:16 vidcOI'1 13:25 13:25
testimony 121 21h
2321 14'2 14,2 22'4
. . . ATALE
Index Page 4
HUGHhS, ALBRIGII1, FOLTZ & N
717-540-0220\717-393-5101
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DALE E. RORTZE, JR. and . IN THE COURT OF COMMON PLEAS OF
.
MARGARET ANN KORTZE, . CUMBERLAND COUNT!, PENNSYLVANIA
.
Plaintiffs .
.
v. . NO, 97-2259 Civil Term
.
:
MARTHA H. SMITH and .
.
DENNIS W. HOESCH, CIVIL ACTION - LAW
Defendants :
ROTICB
You are hereby notified to file a written answer to the
attached Motion for Delay Damages within twenty (20) days from
the filing of the Motion or the delay damages sought in the
Motion may be added to the verdict or decisions against you.
.- '.<,," .-'..... .." .... ,.~,-- '"' "-_""'.~.,.' '"-,,""->-'-~~-"--'C__',, ",-" ,.... '"', .~." .'''. "",.e ",.....,'""..,..,.. -"~"","'-<;>~" "",...,- ~..' .. ....~".,~..:""' ,". '.~ ":'__' ,__~>..,..""...."'.'____ _",~ ""'-~""',,'''''-_'~f ""'" '.", ,h~ """',~ .'-"'" .,."...) ",..."-,,.' .,
WIX. WENGER 8 WEIDNER
^TTORNEY5 ^T 1J\W
508 NORTH SECOND STREET
POST OFFICE BOX 845
HARRISBURG. PENN~YLVANI~ 17108..08<15
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STEVEN R WILLIAMS ESQUIRE
WIX WENGER & WEIDNER
508 NORTH SECOND STREET
PO BOX 845
I~~ISBURG PA 17108-0845
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WIX. WENGER 8 WEIDNER
^TTOkNEYS AT LA\'('
508 NOftTH SECOND STREET
POST OFFICE BOX 8015
HARRISbURG. PENNSYLVANIA 17108.08-15
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JAMES F CARL ESQUIRE
METZGER WICKERSHAM KNAUSS & ERB
3211 NORTH FRONT STREET
HARRISBURG PA 17110
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WIX. WENGER 8 WEIDNER
AITORNEYS AT lAW
508 NORTH SECOND STREET
POST OFFICE BOX 845
HARRISBURG. PENNSYLVANIA 17108'08<15
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JAMES G NEALON III ESQUIRE
NEALON & GOVER
301 MARKET STREET/9TH FLOOR
PO BOX 805
HARRISBURG PA 17108
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