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Home My WebLink About97-05655 " :,1 , , i' , , , , I, " " , , ',I , r I, " , ",:-.. ..It' it i.'; ," ;;~ ." t,") . r, ~"1 ' " r: IJ ~,~ , , -., :,1:'.11 , " I " ~'... ";.~:D , , t',) , ..':j' .~ . f f) " , l'J :l,:"..:_: , " J ' ~ ' ,I' '~F 'I ... .'I(jj , ...'-r " ~.,) ~nr.l.. I iJ " ,,, <J 0' " -I ", floor which had not been propert.y secured. As a result of I.' , tripping, Julia Butz fell forward landing flat on her chest and arms on the dance floor resulting in personal injuries. A witness to the incident, Gordon Bloom testified that the Ii I I transition or corner t() the dance floor where Mrs. Butz was at.tempting to step onto the floor was raised up causing her to trip. Immediately after the fall, Fran Smith, and employee of the Defendant had another employee tape down the corner of the dance floor to prevent further incidents. An incident repurt was completed by Mrs. Butz and hel! daughter, Bunny Capece, which confirmed this information. Plaintiff maintains that the hotel owed a duty to business invitees, including Mrs. Butz to make its premises safe, especially where the dangerous condition was created by the Defendant employee's installation of the dance floor and its decision to place the buffet on the dance floor. II. State of Basic Facts as to Damaqes: Immediately after the accident, Pl.aintiff Julia Butz was embarrassed since she had fallen in a room which was filled with a large number of other families. She did not seek medical treatment immediately after the fall since she was not from this area and left right after the brunch. After returning home and her condi t ion did not resolve, Mrs. Butz began treatment with her family doctor, Dr. Leon Francis, on November 29, 1995. At that time, she Indicated that she was having pain in her left ribs and left shoulder and was unable to lift her arm above her shoulder. The doctor performed x-rays, and when her condition did not improve with r.onservative treatment, he began physical therapy approximately two months following the accident. Mrs. Butz received approximately six weeks of physical therapy until early March, 1996 which improved her condition but did not resolve it. Mr.s. Butz was seen by an orthopedic physician at Geisinger Medical Center who injected her shoulder for tendonitis. However, Mrs. Butz returned to Dr. Francis at the end of 1996 indicating that the injections and treatment at Geisinger Medical Center did not improve her condition and seeking additional physical therapy. Because of the cost of therapy, Mrs. Butz did not receive any additional treatment and has essentially been attempting to control her pain through the use of a home exercise program since that time. Plaintiffs have taken Dr. Leon Francis' videotaped deposition. A copy of Plaintiff's medical bill summary is attached hereto as Exhibit A. Plaintiff maintains that these medical expenses are recoverable in the claim against the Defendant. Plaintiff also seeks to recover for pain and suffering, loss of enjoyment of life, and inconvenience in carrying out her daily activities. Plaintiff Frank Butz also seeks to recover for loss of consortium for his wife to the extent that he has been ef fected by his wife' 8 injuries. Plaintiff's life. Plaintiffs also reserve the right to call any witnesses identified in Defendant's Pre-Trial discovery. VI. Exhibits t Plaintiff's medical records. Medical bills and summary. Transcript of Dr. Francis' deposition. Incident report completed by Julia Butz and Bunny Capece. Incident report completed by Defendant. Map of the meeting rooms. Photographs of the rooms. Photographs of the dance floor. Statement of Fr.an Smith. VII. Amendment of Pleadinqs and Discoveryt Plaintiff Julia Butz would like to amend her Answer to Interrogatory No. 21. At that time, Plaintiff indicated that there is no lien. Some of Plaintiff's medical expenses have been paid by medicare, therefore, there is a lien with respect to some medical bills. VIII.Current status of settlement neqotiationst Plaintiffs Julia and Frank Butz initially demanded $42,500 in settlement of their claim. They have since reduced their demand to $25,000 to which Defendant has responded with a $10,000 offer. Discussions concerning settlement recently have reached an impasee after Plaintiffs rejected Defendant's offer, and Defendant has been ,~ ~ M N 00 OJ 0 I I I I .; I I N I 'I III OJ .~ " N CD CD III I.... N N N 0 0 ~ ell N Ql ! III " " I 00 00 I <Xi rJ N III N /, ,,', 00 <l' <l' OJ 00 r- III ~ ,.... ell ell III III N 00 ~ I .; III III I ci .; N N iii N ~ ~ 'D N M M OJ ~ ~ ~ Ill. .... .'. , " 0 0 0 ~ III 0 0 0 III 0 0 0 N 0 q 0 N i ci ....; ....; Ol ~ .; III .; iii M N N ,.... M M M ,.... ~ ~ ~ ~ ~ <l' I N ~ '" .. C '" U ci il n; ,2 _ (J .~ .~ - (J (J .~ - ::!: (J ,5 Ol :s Ol c Ol '2 a '6 ,5 Ol vi :5 Ci c c c c '" c c; 0 U III U co U co U co ::!: U co '0 U III If ~ Ol Ol ~ Ol ~.E' ~ Ol C ~ Ol ~- ~ ell:!:: ",- ",:!:: "'- '" ell:: III ",:!:: OlO OlO OlO OlO Ol OlO ~ OlO ...I ,53: ,5 3: '23: ,53: c ,53: u. ,53: < III . III . III . III 'Cii III . C III ~ "- ~ ,- .. ,- .. 'Q) ~ 'a; ,- .. 0 'Qi ..: 0 "'0 "'0 "'0 \:1Q "'0 '" \:18 \:1_ \:1_ t:l_ t:l \:1_ ...J ~ i~ CD CD co CD CD CD CD ,.... ..~ OJ OJ Ol Ol Ol OJ Ol OJ - - - - - - - - .... 00 0 0 r- III co 00 M N ~ ~ 0 N N 0 - - - - - - -~ - III CD Ol Ol 0 0 ~ ~ , 0 0 0 0 ~ ~ ~ 0 cl1l'pet. Plaintilr was 75 years of aile at the time uf the incident. II. STATEMENT OF I>AMAGES There is no claim for pas I or future loss of earnings. Plainlitl's medial bills total $2.476.25. No IME was conducI,ed by the defendant. Plaintiff primnrily treated with her family physician, Leon R. Francis, M.D., for left shoulder complaints, She underwent a total of live visilS between November 29, 1995 and November 26, 1996. X-rays of her left shoulder were negative lor fraclUres nnd revealed only some pre-existing degenerative changes. Physical therapy for the left shoulder wns prescribed after the fourth doctor's visit on Janunry 31,1996, Physicaltherupy lusted until Murch 7,1996. at which time the plaintiff was discharged from physical therapy , noting that she hud a full range of motion of her shoulder with an increase in the strength of that shoulder and no limitations on her daily activities. Dr. Francis diagnosed plaintitl' as having sustained a contusion and strain of her left shoulder. lll. STATEMENT OF ISSUES AS TO LIABILITY AND DAMAGES LI.ADILlTY I. Whether defendant breached its duty of care to the plainti n: who was a business invitee? Defendant asserts tbat it did not breach this duly, 2. Defendant denies tbatthere was any defect regarding the dance floor, However, if it is found by the jury that there was a defect, was it a defect that the defendant knew of should have known about? Defendant asserts that if there was a defect, it was a hidden defect as the floor was inspected prior to the plaintiff ever stepping up onto the floor. ltj I' "I i " , .. I' .: . , I i, <' " . . I .' "I -' " I.. I, 1.-: .J.. I' r-' : U \ ',7' i...) N ~~ ~ ~ - ~ ~ ~ "f\ _I "'...... ~ M ~.~ C; ~,~ . , c.i~O ;~~ ~ ~I~II~ ~i~~ ~ ~~~ , " , , , " . . . JULIA BUTZ and FRANK BUTZ, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PENN HARRIS, INC., t/d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER, Defendant NO. " (i'? "){~ ') 'j' L~<.l' /,; Ti.., JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs Julia and Frank Butz are husband and wife, adult individuals and citizens of the Commonwealth of Pennsylvania, who reside at R.R. #1, Box 1778, Berwick, Columbia County, Pennsylvania. 2. Defendant Penn Harris. Inc., is a Pennsylvania Corporation, maintaining an office at 208 Walnut Street, P.O. Box 1226, Harrisburg, Dauphin County, Pennsylvania and is trading and doing business as Radisson Penn Harris Hotel and Convention Center, located at Camp Hill By-pass and Routes 11 & 15. Camp Hill, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about November 26, 1995, at approximately 11,00 a.m., in the Keystone B Room at the Radisson Penn Harris Hotel and Convention Center in Camp Hill. 4. At that time and place, Plaintiff Julia Butz was a business invitee attending the All American Talent Awards in the Keystone B Room at the Convention Center, owned by Defendant Penn Harris, Inc., t/d/b/a Radililson Penn Harris Hotel and Convention Center.. 5. At that time and place, Plaintiff Julia Butz was walking towards a buffet table set up on a portable wooden floor. 6. The portable floor was placed over the carpeted floor of thp. room, and on the leading edge of the floor where Plaintiff Julia Butz stepped onto the floor, there was no sloped transition piece in place similar to that which was on the other edges of the floor. 7. As Plaintiff Ju1J.a Butz was stepping onto the floor other guests walked across the portable floor on the opposite end from where Plaintiff Julia Butz was stepping onto the floor. 8. The weight of the other guests caused the floor to rise where Plaintiff Julia Butz was stepping, creating an even greater trip hazard. 9. As Plaintiff Julia Butz attempted to walk onto the portable floor, the edge of the floor moved upwards, tripping Plaintiff Julia Butz and causing her to fall, which resulted in her face and chest impacting violently against the hard floor. 10. The aforementioned fall and resulting injuries set forth were caused by Defendant Penn Harris, Inc., t/d/b/a/ Radisson Penn Harris Hotel and Convention Center's careless, reckless, and negligent failure to properly inspect and maintain its premises as follows: (a) Failing to inspect its premises to whether there were any conditions which a hazard to business invitees; determine could pose (b) Failing to properly warn its business invitees of any possible hazards associated with the function in the Keystone B Rooml (c) Failing to take proper measures for the elimination of hazards to business invitees that were known or should have known to exist, specifically preventing one end of the floor from rising when patrons walked on the other side; (d) Failing to exercise the high degree of care that a business owner owes to business invitees utilizing the premises for the intended purposes; (e) Failing to properly install and maintain the portable floor; and (f) Failing to warn or instruct Plaintiff Julia Butz of the tripping hazard created by the portable floor in the Keystone Broom; CLAIM I Julia Sutz v. Penn Harris. Inc.. t/d/b/a Radisson Penn Harris Hotel and Convention Center 11. Paragraph 1 through 10 of the Complaint are incorporated herein by reference. 12. Plaintiff Julia sutz sustained painful and serious injuries, including, but not limited to, a severe injury to her left shoulder resulting in an extremely decreased range of motion, severe pain to the left Sholllder, pain in the left anterior chest, palpitation of the left costochondral border, and severe pain in the right hip. 13. As a result of the injuries sustained, Plaintiff Julia Butz was forced to incur liability for medical treatment, medications, hospitalization, physical rehabilitation, and miscellaneous related expenses in efforts to restore her physical health, and a claim is made therefor, 14. Because of the nature of these injuries, ~laintiff Julia Butz has been advised and therefore, avers that she will be forced to incur similar expenses in the future, and claim is made therefor. 15, As a result of the aforementioned injuries, Plaintiff Julia Butz will be forced to incur future medical expenses, and claim is made therefor. 16. As a result of the injuries sustained, Plaintiff Julia Butz has endured and will have to endure in the future great physical and mental pain and suffering, great inconvenience and curtailment of her daily activities, loss of life's pleasures and enjoyment, and a claim is made therefor, 17. As a result of the injuries sustained, Plaintiff Julia Butz has been and in the future will be subj ect to great humiliation and embarrassment, and a claim is made therefor. 18. Plaintiff Julia Butz continues to experience discomfort and limitation and therefore, avers that her injuries may cause residual problems for the remainder of her life, and a claim is made therefor. WHEREFORE, Plaintiffs Julia Butz and Frank Butz demand judgment against Defendants Penn Harris Inc., t/d/b/a Radisson Penn Harris Hotel and Convention Center, in an amount in excess of Thirty-five ($35,000) Thousand Dollars exclusive of interest and costs in excess of any jurisdictional amount requiring compulsory arbitration. :>, '~l .... II: t., ...: r- .. , / \'1':' Co'j ~ . \; ).' , I' , ""':: '\ . ,. ~1 ';1' ~?' ,l. -~ ~r. ,j , ' h)~' .;;' ,. L2'1 - '11',1) ::~ .. ",; .. .' '1(1) J. "'-i '.',.1.1.. II, U OJ 8 u' " . " , -." -e III -e (/l ~~~ ~Ii_, eo<~:;~ o ~ j: i:: ,..!.::! ~ ..,~ a ,t;; =C! ~ E .J ~ 1#. t- r-. ..-- ..c ~ , r-- o' M ..( - iI< i!; ("I ~ III :J ClC 97-123 LAW OFFICES OF RUBINATE, JACOBS & SABA 214 Senllte Avenue, Suite !l03 Cllmp 1111I, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendllnt JULIA BUTZ AND FRANK BUTZ, PI.AINT....FS IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS, No, 97-!l6!l!l CIVIL PENN HARRIS, INC., TIDlolA! RADlSSON PENN HARRIS HOTEL AND CONVENTION CENTER, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED - ENTRY OF ApPEARANCE TO TIlE PROTIlONOTARY: Kindly enter my appearance in the above-captioned matter on behalf of the Defendant, Penn lIarris, Inc., t/d/b/a Radisson Penn Harris Hotel and Convention Center. Counsel for the Defendant herein reserves the right to otherwise plead, or to correct the caption designation of the Defendant as necessary. Respectfully submitted, ~ Byl ~' nald R. Dorer, Esquire Attorney for Defendant Identification No. 39126 Dale: January 13. 1998 , .," ,.... r': I , I " v: " r I r, 1 " I.l-' , r" ,- ; " ),.;'j " " " ;,fJ tall, " I, )1 ,-, I J'~ " l"J , /, , 1,- " <. ,I, I , "-.1 i\.. , I ,.,., \ " ,- I 11\ ~'; ".J .' . '. . . '. . . . - .. .~ ..' '0( Itl Jj e~~ ~Ii eOo(~~~.!. o ~ ~ .!.::! lJ..,gs~~~ j W'tIltll= r::;:: ~:t ~E.'::' :7 rot ~ ~ .. U '" = ~ =' " 10. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. 0l029(e). II. Paragraph II is an incorponlllon by reference paragraph to which 110 dh,<<t response Is required by Defendant herein. 12. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. 11029(e). 13. Denied. These palllgraphs are generally denied pursuant to Pa.R.C.P. 11029(e). 14. Denied. These paragraphs are generally denil'A pursuant to Pa.R.C.P. 11029(e). IS. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. II029(e). 16. Denied. 'Ibese paragraphs are generally denied pursuant to Pa.R.C.P. 11029(e). 17. Denied. These paragraphs are generally denied pursuant 10 Pa.R.C.P. 11029(e). 18. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. 11029(e). 19. Paragraph 19 is an incorporation by reference paragr.lph to which no direct response Is required by Defendant herein. 20. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. 11029(e). WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiffs' Complaint, and to enter judgment against the Plaintiffs and in favor of the Defendant. Respectfully submitted, LA W OFFl~ijS OF R , ' I; / , JACOBS & SABA By: ,~. na R. Dorer, Esquire Attorney for Defendant Identification No. 39126 Date: October 16. 1998 I' , I , , " I CE ,..' ',. " - I,. ~ , ~-' .;.!.J ,r..-. ~ L " ~15.9 \ I I. ~ ; ~f( ~~: '):::,: I" , '-,. ~~j -.' ~1 1,;111 I ~" " 'I" (-..J ,. ,'; I, uti ;. :1(1'\ I I" - F. ,LJ. f.!.l'.;\" -I ,...i~ I I 1\ C"'l .' U 0' v I' I' " I , \1 I I' JUL 2 9 1999i JULIA BUTZ and FRANK BUTZ, plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. t t t , I . . . . t t CIVIL ACTION - LAW PENN HARRIS, INC" t/d/b/a RADISSON PENN HARRIS HOTEL AND CONVENTION CENTER, DefendFlnt NO. 97-5655 JURY TRIAL DEMANDED PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY, Please mark the docket settled, satisfied and discontinued in the above-captioned action. ROVNER, P.C. wr/) I ~~ ~l~nae E. Kosik, Esqu re 1.0. No. 36513 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiffs DATE, 7/27/99 cc, Gary S. Williams, Esquire " .~. .. r:; ;:r; - " c'~ '~ I I!: (,"/; ./-J. ~..~ I II' ~...) :)',' , I, ,'.... ;.-J :::~ ' " (\.. I,! l,,-I (-'11 I' en ' ?;:i '. -/ I, ('..J r! t:.J 1 ,) " , \Jl't) ..' ~~.I (r)u.' ~'l h.'; ,', ell "I , (/) i) I' 'I " I, " , i I' , ' 'I i', , , " d" 1 , ' , , ,