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HomeMy WebLinkAbout97-05022 " , , , , , , ' , '" , . ~ ~ 3 ~ "I, " , ; . .....j,' \.;e'~"'~' " ,,' '.'''~.,~ ~ ',' , , , " " , "'I " , , , , , , , " ,I " ",, , , , ' , "I, " , , , , I"" '\ " , , , '" " , , " 'I " I, " , " , , ~ " ~ , " , 1 " I , ' , , " , ' " '" " ,,, I'," '0,,' " . " ," " /, 1", , " i" , , , , , , " , " ; " fl. " 'I " " I " 'I' " .. . Thomas E, Becker. II, D,C. Page 2 - 12/31/97 RE: Downey. Lisa DIAGNOSIS Her diagnosis has stayed fairly consistent. Her present subjective complaint areas are in the cervical spine and the lumbar spine, There is occasional referral of intermittent type of pain into the mid-back or thoracic spine~ this is generally related to some activity or extended inactivity, My future prognosis for Miss Downey within some level of chiropractic certainty is that a full recovery should result. There is always the possible concern of the need for continued chiropractic care over a mon: extended period of time on a maintenance type of basis d'Je to the instability in the spine that results from a soft tissue injury. The fact that as these soft tissues are damaged and they heal, they often heal with a fibrous type of tissue instead of the elastic tissue, This decreases the overall cervical range of motion thus decreasing what we call joint and by imbibing. the transfer of fluids in and out. which would naturally lead to a degenerative process requiring chiropractic care, I will continue to treat Miss Downey on a three week interval for probably 1-7. more treatments and then I will again extend her to once a month. At the point that she is able to go one month for two consecutive treatments without an exacerbation of symptoms, I will release her to personal injury status, Regarding cost offuture chiropractic care: With the exception of the possible scenario afore mentioned regarding the fibrous tissue and the need for some type of maintenance care, I feel fairly confident that within the next 5-6 treatments at $30/treatment with a final exam and final x-rays in there as well that future cost should be within $500, I have done my very best to keep all cost to a minimum, I have recommended at no cost to the insurer, a home rehabilitative stretching program called "The Back Power Program" that will prove to be of tremendous benefit. At the time of this report I have not felt the need for any outside referrals, With this in mind I feel that all costs incurred to date are very reasonable and necessary, I understand the extended period of this care; but, it is the nature of these type of injuries that the healing process is slow, Also, the fact that she has a life to live is an ongoing stress concern to the healing process which further lengthens the time frame of chiropractic care, Again, thank you very much for the privilege of treating this patient. If you have any further questions or concerns, please do not hesitate to call or write at any time, Sincerel , , 5, At that time and place, Defendant Clara E. Smith was operating a 1984 Dodge Diplomate and was travelling north on Erford Road at its intersection with Hunter Lane, Camp Hill, Cumberland County, Pennsylvania, 6, The intersection of Erford Road and Hunter Lane is controlled by a traffic control signal. At the time of the accident, vehicles travelling on Hunter Lane had a green light indicator and vehicles travelling on Erford Road had a red light indicator. 7, At that time and place, Defendant Clara E, Smith ignored the red traffic signal and failed to stop at the traffic light at the intersection of Erford Road and Hunter Lane, Camp Hill, Cumberland County, Pennsylvania, 8, At that time and place, Defendant Clara E. Smith operated her vehicle at a high rate of speed, ignored her red traffic signal, and proceeded through the intersection, 9, At that time and place, Defendant Smith's vehicle violently collided with Plaintiff Downey's vehicle. The front portion of Defendant's vehicle struck the driver's front side of the Plaintiff's vehicle, 10, The foregoing accident and all the injuries and damages set forth hereinafter sustained by Plaintiffs Lisa G, Downey and Vincent D. Blackwell are the direct and proximate result of the 2 CLAIM I Lisa G, Downey v, Clara E, Smith 11. Paragraphs 1 through 10 of Plaintiffs' Complaint are incorporated herein by reference, 12. As a result of the aforementioned accident, Plaintiff Lisa G. Downey sustained painful and severe injuries which include, but are not limited to, hyperflexion, hyperextension injury of the cervical spine, cervical strain sprain, lumbar strain sprain and cervical intervertebral subluxations at the following levels: Cl-2, C7-T1, and LS sacrum, 13, As a result of the injuries sustained, Plaintiff Lisa G. Downey was forc:ed to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an ef,fort to restore himself to health, and claim is made therefore. 14. Because of the nature of her injuries, Plaintiff Lisa G. Downey has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefore, 15, As a result. of the aforementioned collision and resulting injuries, Plaintiff Lisa G, Downey has undergone and in the future will undergo great physical and mental suffering, great 4 inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor, 16. As a result of the aforementioned collision and resulting injuries, Plaintiff Lisa G, Downey has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 17, As a result of the aforementioned collision and resulting injuries, Plaintiff Lisa G. Downey has sustained work loss, loss of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor, 18. As a result of the aforementioned collision and resulting injuries, Plaintiff Lisa G, Downey has sustained uncompensated work loss, and claim is made therefor, 19. Plaintiff Lisa G, Downey continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for. the remainder of her lifetime, and claim is made therefor, CLAIM II Vincent D. Blackwell v, Clara E, Smith 20. Paragraphs 1 through 19 of Plaintiffs' Complaint are incorporated herein by reference. 5 I'" , ~0~ -- .~ ~ ~ "'l. ~ cJ ~ '" ~ ~ c::.<,) -I W ....,.,.-... C', -'~ \>.0 ~ rpW ,..., 1'"' "'~'/ "0 ;\~ 0 ~i .:,' ~'~ ~~t (:~} -J 21' ;r:r-. .... :r.~ ~:'.r, r.... :11: ( 1- .1.(" 1'\) i- :." .. .:.;l ~ ~ . '0 "'''''--'_'::~,~i!. .".- -~, :,. '.' ! ~ #0 . ," , , " :r ~ :0 :0 ~ iii · Z III ~ c: ~ ~ ~ :0 !il ~ :II o : 0 9 :u ~ z ~ I z 0 Z Z III III 0 PI · .. )( -<~Q1 lC : Ul n )i ~ ~ 8 z Ul fl) '> ~ r 0 'i ~ = < (; ~ ~ ~ III 0 III III Ul ~ AIJ, UAn lilMl." 0MII0fW 01' AU .,.rr 1l"'"lWAtJOJW.lNl: PQlWNO, 'r1.,..,uu.Ii.,,,''''''lPtN'''' (' " " ~ " ',) :',' "j! ;j 1',1 _:,1 " LXSAG.DOWNBY and VINCENT D. BLACltWELL, her husband, Plaintiffs v. CLARA E. SMITH, Defendant IN TIIB COURT OF COMKON PLEAS OF CUIIIlBRLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-5022 JURY TRIAL DEMANDED AND NOW this f1~y ORDER OF COURT of February, 1998, it appearing that John M. Eakin, Esquire, the Chairman of the Board of Arbit.rators in the above captioned matter, is unable to attend the arbitration hearing set for February 23, 1998, his appointment is revoked and Murrel R. Walters III, Esquire is appointed Chairman of the Board of Arbitrators in his place. By the Court, P. J. John Eakin, Esq~ire . Murrel Walters III, Esquire Michael Hanft, Esquire David Baric, Esquire LISA G. DOWNEY and VINCENT D. BLACKWELL, ber husband, plaintiffs v. CLARA B. SMITH, Defendant : IN THE COURT OF COJOlON PLBMl OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-5022 JURY TRIAL DEMANDED ORDER OF COURT AND NOW this day of February, 1998, it appearing that John M. Eakin, Esquire, the Chairman of the Board of Arbitrators in the above captioned matter, is unable to attend the arbitration hearing set for February 23, 1998, his appointment is revoked and Murrel R. Walters III, Esquire is appointed Chairman of the Board of Arbitrators in his place. By the court, P. J. , '. t\'\uJvu.Q Lu~v~ \~c\ ~o.i\~c_ 1.......:- \~cv\O.J) \~\~\{ m (!) '/3, tH Sit. 1k1iJ), LV oj C), " r ~ 'D n ~" w -," ~ :"TJ11 "Tl ';I r" ~}JI f."'J ilfJ rrr; ~,~, ".,) ill;'] ,c...., ,P ~ ", )(i) -n f.'il N ~ , :.~; , -(J:1' , ..~ ) St r I" S.? .',. TI \.) , '1} ,:;- ,J , , -) :'H ~ 00 .... ... - ~ " .' " ," , PRAfCIPE FOR UST~C CASE FOR TRI.-\l. (~IUSI be ryp.wrillCn ;nd submlllCu in dupliCll1 I ORIGINAL TO THE PROTHOi'lOT.-\RY,OF CL'~IBERl.""'''D COI'~TY 'iUl' ~t :.h. (oU~wln, ~:IS" I.C~cck on.) (01 II..'RY trial ~t I~' n'~1 "1m ~i :lvU ~our:, ( X ) ( l C.~ON OF CASE (.nl1:; o:pllon mUll b. It~ud In MI) (ch.ck onl) C) ~ ' .1~ i , ~:'.,- : 'j l.... I,. ~ ,-, w.> I, "'= I . , - J .111 r'., . "3 t:_. Ill' . , ,I,") ::~ ;):j 1'1-,'. '.~) ;' l~' r ~ ,J ~- ~I_: ~, 1-> -<; (01 trial withoUl ~ Jury, - LISA G. DOWNEY and VINCENT D. BLACKWELL, her husband, ( ) ( ) ( X ) ( ) TrclpUl Auumplll :.,: TrllpUl (~IOtOI Vellic!.) (other) (pllunlJ'1') V1, The t'1"1al lilt will be callee on Aoril 21.1CJCJ8and . CLARA E. SMITH Trials commence on May 18, 1998 (De(.ndanl) Pret'1"1als will be held on April 29. 199 (Briefs are due 3 days before pre- trials. ) (The party listing this case for trial .hall provide forthwith a copy ~f the praecipe to all counsel, pcrsuant to local Rule 214-1.) VI. :-10, 5022 Civil 192L.. Incllcall thl allom,y ..'ho wiU lty ~a" !Ol th. palty ..'h~ Ill., l/Iia pmclpr: Richard A. Sad1ock, Esquire, Arnlino & Rovner, P.C.. 4503 Nor.th Front Street. HarrisburR. PA 17110 Gover, IAdlutl uial cOUMlIlor odwr pulill it known: Matthew R. Gover. EsnuirPa 301 Market Street - 9th Floor, P.O. Box 865, Harrisburg, PA NpAlnn 1.. ----- .--- ----"- - TIIia QIf \I Indy rOI Itl:ll. <~~.-.'~--- -- 0...: ~-+-_...--~ _..- SII..d: ':\nl :"ame,;. ~rd A r;,.A{b;~ Allorn.)' ror: ::t?t<iA,.,,f; f( s COMMONWEAL.'l'B 01" P.P.;NNSYLVANIA COUNTY OP CUMBERLAND IN TilE MA'l"I'ER 01' I COURT 01' COMMON PLEAS DOWNEY , BLACKWELL 'rF-RM, 0000 I .VS. CASE NO. 97-5022 SMITII , NarICE OF INTENT TO SBRVE A SUBPOENA TO PRODUCE DOCUMENTS SUSQUEtllINNA IN'rERNAL MED. AS 50 MEDICAL EQUISOURCE OF PENNSYLVANIA INC OTtlER TO, RlctlARD A, SAOLOCK, ESQUIRE MCS on behalf of MAT'rtlEW~..gOYERt~.?_qQ~___ intends to serve a subpoena identical to the one that is atts.hed to thi~ notice. You have twenty laO) days from the date lhted below in which to file of record and serve upon the undersigned an objection to the subpoena, If no objection is made the subpoena may be served pursuant to the applicable PennRylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office, DATEI 12(11/97 MCS on behalf of MATTHEW R. GOVER. I!:SQUIRE AttOrney for DEI'ENDANT , Ce, MATTHEW R. GOVER, ESQUIRE . 97-361 Any questions regarding this matter, contact THE MCS GROUP. INC. 1601 W.RKET STREET #800 PHILADELPHIA PA 19103 (215) 246-0900 DE02-055727 L.60l.0-COJ.. , " , , " '" " " ,I , 8: ~ q Ji~t r._ i '''T "- !di' , '~ ~;;.. :! I -. :~":' ,., , I,-i). : "-I r; J.'.J ':"T'1' d- ~; ;, :jr; d. _,_' ';_-J ". """f-' ~ "~ ',1'"'; .... .~ :n :~ ;J. CJO ." , " 'I ", :' , ' " " fL, If.) ,) -I '1 -, ,/' J '! '. , " ) '! i , . , , , .,,'\ ,,;\ " ,. " , r''':' " '1 .. " ! , , :;1 " .1 , f:J -, " " " " AU"'PlIJlGALADMIlONOf' AU. .'A"'tm~1IC ~NO.. .,,It-II'.''I..IL.''....,.''I.. . ~ , . I ~ ~ ~ ~ ~ ) Z ~ ~ . C ~ ~ ~ ~ ~ ~ ~ ~ ~ o G r- '" p ;0 . 0 Z ~ Z 0 z ~ ,., Z Z en 0 '" I -< > P1 ~ . 1II . ~ ~ ~ n ~ ~ g ~ Z > ~ ~ . ,... 0 ~ t ~ ~ < 0 ;J 111 0 :u ~ 8 z I> <II ~ m ~ .(OJ I '-.1 , ~ .., '1 ~ l , .. ."'') .. 'J , '. () ~ I '';': ),: :/ .! :-, :'-1 I.' .... , AU "0\1. LJill.....,., UMI~t>> AU """"I/'j'I""AlltlllAl., * H)lIhll'tl) '''.''''.''''''''11'114'''''*. l: > '" '" ~ in , Z III I c: ~ ~ ~ '" ~ ~ " :0 o : 0 ,., p :u . z ~ I z ii Z Z III ,., z '" 0 -('pt ... X (Jl , !( III ~ n > (Jl ~ ~ ~ Z (II III > t ,. 0 :; ~ ; ~ 0 ;l ~ XI III ~ , 0 III (Jl lJl " I , , I J " ) " , " ,.. , \I t " .:;.~ ) 1,-, Plaintiffs IN TUE COlJRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANIA CIVIL ACTION ..' LAW LISA G, DOWNEY and VINCENT D, BLACKWELL. her husband, v, NO, 97-51122 CLARA E, SMITU, Defendant JURY TRIAL DEMANDED PLAINTIFFS' POINTS (o'OR CHARGE AND NOW come Plaintiffs Lisa G, Downey and Vincel1l D, Blackwell, by and through their allorneys, Angino & Rovner, p,c., and provide the following jury instructions which they move the Court to read to the jury, ANGlNO & A, SadlQCIv, I,D, ~R1- 4503 North Front Street Harrisburg, PA 17110 (717) 23K-6791 Counsel for Plaintiffs Date: rJI ~ /9( 'I, 132HH~/MLB ,. 7, The broad term .pain and suffering" Includes a wide range of not only physical, but also emotional reactions to injuries and their consequences, In calculating damage for pain and suffering. you may place a vnlue on the following: (a) Mental pain and distress; (b) fear; (c) Shock; f./ (d) Emotional suffering; (e) Anxiety; (I) Frustration; (g) Degradation; (h) Loss of the feeling of well-being; and (i) Limitation on activities, Niederman v, Brodsky, 436 Pa. 401,261 A,2d 84 (1970); Walsh v. Brody. 220 Pa. Super, 293, 286 A,2d 666 (1971); Corcoran v, Mc~, 400 Pa, 14, 161 A,2d 367 (1960), {, , II'~".' ,.ill ", ,I ,I) , , , , " 1'1' " (') ~ q I, e w , ~ ~ c,J '~m, .-j li;n t\:~: ,N "~ 'f'I ,jr ~(!) '-) ? ~ ,J'i ~~(j' '0)"1 '~"~(")' (.tQ ~ (5'" ;r:.c.. "... :7 oJ> ~ ~ .." " ',I.