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HomeMy WebLinkAbout98-00568 , j ~ o c., - . - ~ t' J ., .. ,... .:\l i,\ ~ \ t I / 1) ( \. ~ ...... , .:) .. '-.) ~ ~ . c... ~ J - 16 Hoffe~ JEAN A. MATTESKY and ALEXANDER F. MATTESKY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JAMIE LEE WILSON, Defendant NO. 95-568 CIVIL ,t IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable George E. Hoffer, President Judge, on Wednesday, August 26, 1998. In this auto accident case, plaintiff is represented by Scott D. Moore, Esquire, and the defendant is represented by James G. Nealon, III, Esquire. Defendant's medical witness performed an I.M.E. on plaintiff only yesterday and a report has not yet been completed to be put into plaintiff counsel's hand; Mr. Moore relates that since his medical expert was previously scheduled for video deposition tomorrow that he would obviously like to have the I.M.E. in his hand for that deposition. Mr. Moore, therefore, requests the case be removed from the trial list and to be later rescheduled by either counsel for later term of court. Defense counsel has no objection, and therefore the case is removed from this trial list. By the Court, G Scott D. Moore, Esquire For the Plaintiff Court Administrator James G. Nealon, III, Esquire P.O. Box 865 Harrisburg, Pa. 17108-0865 For the Defendant prothonotary :mtf r'~ 1:~'}. C'~r;Ci: ",.c'" "'.-"1'J "-'i/lt, '; ,-J (':;-~) .' ii I,: n': , y ,.,,\.\ , lU,;. " , t"" ""/)' "." :.., ,. /',.Idj\ j",.{.lf,:'.:,'L\J"', p, . ..... . ,.... ~ .', '; ! \ JEAN A. MATTESKY and ALEXANDER F. MATTESKY, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW NO. 98-568 JAMIE LEE WILSON, Defendant PRE-TRIAL MEMORANDUM I. Stat~ent of the basic facts as to liability On December 4, 1996, at approximately 4 :30 in the afternoon, Plaintiff Jean A. Mattesky was traveling north on Walnut Bottom Road in the left hand lane. Defendant Jamie Lee Wilson was exiting Interstate 81 and pulled in front of Plaintiff Jean Mattesky's vehicle causing the accident. II. Stat~ent of the basic facts as to damaqes Plaintiff sustained injuries in the accident that included a sternal fracture, myocardial contusion, calcaneal fracture and knee injury requiring a knee replacement. Jean Mattesky was originally taken from the accident scene to the emergency room at Carlisle Hospital where they diagnosed her with a significant myocardial contusion, sternal fracture and SAIDIS, SHUFF & MASLAND ATIORNEVSIATlLAW Z6 W. 1118h Str... Carlisle, P A aortic inj ury. Carlisle Hospital decided to transfer her to Hershey Medical Center. When she arrived at Hershey Medical Center they also diagnosed a right calcaneal fracture (heel bone). The fracture required surgery and a cast was placed on December 7, 1996. Mrs. Mattesky was discharged from Hershey Medical Center on December 10, 1996 to the Hershey Rehabilitation Hospital. She underwent therapy until discharge on December 15, 1996. She treated with her Hershey doctor's until approximately May 31, 1997. At that time she was developing right knee pain and eventually consulted with Dr. Baker of Carlisle in July of 1997. Dr. Baker concluded that Jean Mattesky's arthritic knee had been exacerbated by the accident and recommended a total knee replacement. Dr. Baker performed this surgery, which was successful. Mrs, Mattesky underwent inpatient rehabilitation at Healthsouth from September 13, 1997 through September 19, 1997 and sUbsequently had physical therapy with Penn's Wood Physical Therapy until her discharge through October of 1997. Mrs. Mattesky has sustained significant limitations to her daily activities and sustained significant pain and suffering from the accident and her course of treatments. III. Statement as to principal issues of liabi1itv and damaqes Principal issue in this case involves whether the knee injury and subsequent treatment was caused by the accident. IV. Summary of 1eqa1 issues reqardinq admissibility of testimon exhibits or an other matter and le al authorities relied upon SAlOIS. SHUFF & MAS LAND ATTORNEVS'AT.L\W 26 W. HISh Slro,. Cllllllo. PA Plaintiff requests that the Defendant stipulate to the National Climatic Data information and the U.S. Naval Observatory information along with the definition of civil twilight and sunset. 2 VII. Current status of settlement neaotiations Plaintiff has demanded policy limits of $100,000.00. Defendant has made no offer. Date: e - ~l -cc ~ ..-~~, Respectively s ,mitted, 'P>d. By: Scott D. Moore, Esquire Supreme Ct. I.D.# 55694 26 W. High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiffs ) J ,\ , I j , SAlOIS, SHUFF & MAS LAND A1TORNEVS'AT.U.W 26 W. IfIsh 51r..1 Carllslr, PA ,~. j 4 :~ CERTIFICATE OF SERVICE I, Scott D. Moore, Esquire, certify that on the 21st day of August, 1998, I served a true and correct copy of the within Plaintiffs' Pre-trial Memorandum upon counsel for Defendant in this matter by depositing same in the United States mail, first class, postage prepaid, addressed as follows: James G. Nealon, Esquire NEALON & GOVER 301 Market Street, 9th Floor POBox 865 Harrisburg, PA 17108-0865 SAlOIS, By: cott D. Moore, Esquire Supreme Ct. 1.0. # 55694 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiffs 5 JEAN A. MATTESKY and ALEXANDER F. MATTESKY Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 98-568 JAMIE LEE WILSON Defendant : CIVIL ACTION. LAW PRE-TRIAL MEMORANDUM OF THE DEFENDANT. JAMIE LEE WILSON I. BackQround This civil action arises out of a motor vehicle accident that occurred on December 4, 1996 at approximately 4:30 p.m. on Walnut Bottom Road at Its Intersection with an off ramp from Interstate 81, Carlisle, Cumberland County, Pennsylvania, At that time and place, Defendant, Jamie Lee Wilson, was operating a 1986 Honda Civic. Ms. Wilson had exited Interstate 81 southbound and come to the stop sign at the end of the ramp. Ms, Wilson intended to make a left turn and proceed west on Walnut Bottom Road, At the same time and place, Defendant, Jean A. Mattesky was operating a 1989 L.E, 6000 in an eastbound direction on Walnut Bottom Road, Ms. Mattesky was apparently going to go straight. Defendant contends that Ms. Mattesky did not have her lights on even though it was dark. Ms. Wilson pulled from the stop sign and attempted to turn left when she was struck by the Mattesky vehicle. II. Damages Defendant believes that the claim is limited to non-economic damages such as pain and suffering, All medical bills have been paid and as a result they cannot be recovered in the instant action, See 75 Pa. C.S.A. 91722, Plaintiff was retired at the time of the accident and there Is no wage loss claim. Defendant Is questioning the causal relationship between the accident and a total knee replacement surgery that the Plaintiff underwent. Defendant has had an IME performed by John Frankeny, MD. however, a report has not yet been received, III. PrincIple Issues of Liability and Damages 1. Negligence of the Defendant, Jamie Lee Wilson; 2, Whether the Defendant's negligence, if any, was a substantial factor In bringing about the Plaintiffs harm; 3, Contributory negligence of the Plaintiff, Jean Matlesky; 4. Whether the contributory negligence, if any, of the Plaintiff was a substantial factor In bringing about her harm; 5, Damages. IV. Witnesses 1, Jamie Lee Wilson; 2, Patrolman Eric Dale; 3. Eric Morgan; 4. John Frankeny, MD; 5. Defendant reserves the right to call any of the Plaintiffs health care providers who provided treatment either before or after the automobile accident; 6. Defendant reserves the right to call as a witness any other witness identified in Discovery. V. Exhibits 1. Photographs of the vehicles; 2. Photographs of the accident site; 3. Medical records of Joseph Green, MD; 4. Medical records from Carlisle Hospital; 5. Medical records from Kreamer Medical; 6, Medical records from University Hospital; 7. Medical records of David Baker, MD; JEAN A. MATTESKY AND ALEXANDER F. MATTESKY Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 7lv. 'If. 'j(. r (!~ ~'- JURY TRIAL DEMANDED JAMIE LEE WILSON, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA ~70~3 (717) 249-3~66 .,///-------;;;; cAttorn for Plaintiffs SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High SV<el Carlisle, PA . -_..--:-._._"':";"~""",, ~. " '" 13. Plaintiff, Jean A. Mattesky, has sustained serious and permanent injury, for the treatment of which she has incurred medical bills and expenses and may require further medical treatment and surgery in the future. 14. Plaintiff, suffered an has Mattesky, Jean A. interruption of her daily habits and pursuits to her great and permanent detriment and loss. 15. All injuries and damages, as stated above, suffered by the Plaintiff, Jean A. Mattesky, were proximately caused by the negligence of the Defendant. COUNT I 16. Paragraphs 1 through 15 are incorporated by reference as though fully set forth herein. 17. The negligence, carelessness and recklessness of the Defendant consisted of the following: a. Failing to keep the vehicle under proper control; b. Failing to avoid collision with Plaintiffs' vehicle; c. Failing to maintain an adequate lookout; Failing to yield the right of way; Failing to observe oncoming traffic; Failing to use adequate caution at a stop sign; d. e. f. g. Failing to stop; h. Failing to property apply the brakes; Failing to look for traffic before proceeding into i. roadway and/or intersection; j. Operating the vehicle without proper and adequate control; k. Operating the vehicle without due regard for the rights, safety, well being and position of the Plaintiffs' , . .' . "'..\,:-"..,-.~l::::;";";" ...:....:...--:--...______..~..:..w_..:...__..:.._~................_._.._~.__......u;_.._.._:-...........':'..................~~ ~ v...._.._.._.....-.#.""-....__.~~.......w~~~:~ '... .~_ , vehicle under the aforesaid circumstances; 1. Operating the vehicle and disregarding the rules of the road, ordinances and laws of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiffs respectfully request the Court to enter judgment in favor of Plaintiffs and against Defendant in an amount in excess of Twenty Five Thousand and 00/100 ($25,000) Dollars, together with interest and costs and such other and further relief as the Court deems just and appropriate. COUNT II 18. Paragraphs 1 through 17 are incorporated by reference as though full set forth herein. 19. As a direct and proximate result of the negligence of Defendant as set forth above, Plaintiff Alexander F. Mattesky has lost and will continue to lose the consortium, society, comfort and assistance of his wife, Plaintiff Jean A. Mattesky. WHEREFORE, Plaintiffs respectfully request the Court to enter judgment in favor of Plaintiffs and against Defendant in an amount in excess of Twenty Five Thousand and 00/100 ($25,000) Dollars, together with interest and costs and such other and further relief as the Court deems just and appropriate. SAIDIS, GUIDO, SHUFF & MASLAND 26 W, High Stn:et CMlIsle. PA Dated: z- Z - 9 f Respectfully submitted, SAI~IS'-(J;;! & MASLAND By.; , Robert C. Saidis, Esq. Supreme I.D. #21,458 Scott D, Moore, Esq. Supreme I.D. # 55,694 26 West High Street Carlisle, PA 17013 rl o ~ v;~ ::r ~ d :l- et t , , ~ (~ f;: ~~ .,. lll~:? (t:l";" r....: ~.,i I J ~ t-' ~ 9(', @h: G~f!' - i.' L'. (:, In ~ ". ..z.: N I 0:0 ld l~ '" U\ ""-:;-;,, ~~ ~ " ~ ~ ~ . \J~ r:: .< ~3!~ :.)-~~ . ~ "1 -J ;;. U~t~ ,. "j u . JEAN A. MATTESKY and ALEXANDERF.MATTESKY Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 98.568 JAMIE LEE WILSON Defendant : CIVIL ACTION. LAW PRAECIPE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of the Defendant, Jamie Lee Wilson, with regard to the above-captioned matter. Respectfully submitted, NEALON & GOVER By: James G. ealon, Esquire Atty. 1.0. #46457 , ' t, ::101 Market Street -- 9th Floor P.O. Box 865 Harrisburg, PA 17108-0865 (717) 232-9900 .. VERIFICATION I, Jamie Lee Wilson, verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S.A. 4904 relating to unsworn falsification to authorities, ~ktJ~~ Jamie Lee Wilson Dated: 3/10/qcJ \ , I J I ~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PR:1I'HON.:YrARY OF CUMBERLAND COUNrY Please list, too following case. (Check one) x) for JURY trial at the next term of civil court. ( , for trial without a jury. -- - ..-- - -- -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CAPTION OF CASE (entire caption must be stated in full) (check one) Jean A. Mattesky and Alexander F. Mattesky (X) Civil Action - Law ( Appeal from Arbitration (Plaintiff) (other) VB. Jamie Lee Wilson The trial list will be called on and August 18, 1998 Trials comnence on September 14, 1998 vs. (Defendant) Pretrials will be held on August 26, 1998 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. S6R Civil /I,.,t-inn_T."w 19'1R Indicate the attomey who will try case for the party who files this praecipe: Scott D. MoorA_R~n1Jirp indicate trial counsel for other parties if known: James G. NAa.lon. R!=;nnirf=' This case is ready for trial. Si_d, ~ 'be-. ~~ --- Date: June 18. 1 'I'IR Print NaIre: Scott D. Moore. Esquire Attomey for: Plaintiffs ". ....~ . ( -"., ~ '0 u..,1-~' ~~-g lC" L~~. '1>- 'l' 0: ..' r!.:: U- o ~, eN t-': ........ r:.~ _:.. ~:3?\ ,,:\3 ';~Q ;~~:l (0 . ~~l 'l- ~::5 U ","'- u.: c::> -- ::3 -, CO 0' PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sul:mitted in duplicate) 'l"O THE p~ARY OF ctJMBERLAND COUNl"i Please list., the foJ.lcwing case. .') ';'1 I (Cl".ecl< one) ( X (. for JURY trial at the next term of civil co~. I I ., ,-' .. for trial without a jury. (..' ., -----------------------------------.------. . "11 .: (-, .id CAPl'ION OF CASE (entire caption nust be stated in full) :,,) (check one) ~' I ":::) ".., :: ~ Civil Action - 'r:kw Jean A. M,attesky and Alexander F. M'attesky, ( X) Appeal from Arbitration (other) (Plaintiff) vs. JAmie Lee Wilson The trial list will be called on 1 0 / 1 3 /98 and Trials comnence on 1 1 .' 0 I Q Q ( Defendant) Pretrials will be held on 1 n 1'1 I q R (Briefs are due 5 days before pretrials.) (The party listing this case for trial sh.al.l provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) vs. No. 568 Civil Action-Law 199 8 Indicate the attorney who will try case for the party who files this praecipe: Scott D. Moore, Esq. 26 W. High Street, Carlisle, PA 17013 , Indicate trial counsel for other parties if known: James G. Nealon, Esq., 301 MArket street, 9th Floor Harrisburg, PA 17108-0865 This case is ready for trial. Print Narre. 'S c....H 1:>, ~()11"4' Date: 'l..2;--"1g Attorney for: Plaintiffs >- (\,1 f; ~ 0 ",' wQ M ~,-r F.f:' - (J? 0 "'- U,.. .,-~ Cl... "" ri'o !;:} ;:J l!W: r.o ~'0 N .1...:.. --'ltJ I- n::m Cl:'C tJJ <..1 i:~Cl_ >= 0 L._ CJ =s 0 0' U ~.~ { "