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HomeMy WebLinkAbout01-06194 if ARLENE B. WILLIAMS and ROBERT A. WILLIAMS. SR.. Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND OUNTY, PENNSYLVANIA NO. 01-6194 CIVIL TERM v. CIVIL ACTION - LAW JASON E. MYERS. Defendant JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT I. Statement of the Basic Facts as to Liabilitv This litigation arises out of a motor vehicle accident occurring on November 1, 1999. Defendant admits negligence in causing the accident. II. Summary of Facts as to Damaaes Plaintiffs principal injury claim relates to an imbalance which she has that developed several weeks after the accident. The defense neurologist has indicated that Plaintiffs problems have nothing to do with the motor vehicle accident. A true and correct copy of the report of Carl Ellenberger. M.D. is attached hereto III. Principal Issues for the Jurv a) Causation of the Plaintiffs injuries b) Amount of damages IV. Unusual Leaallssues None. V. Witnesses a) Jason Myers b) Carl Ellenberger, M.D. ", ~"~" ^" n ' ",:h"':'~, :":~'''"'~;,_'__'r''.''',',~''_'_"'_'''-_P ~",,-~ ".0,._/". "__',' ~,'~_:IA 1,'/,,"-- '~1":' c, ':" '''To ''''', _ . ',-' '_,? " " __T ~" (i ':] f~ '. f" ~'; : '.j'(~~"" " VI. Exhibits a) Plaintiffs medical records VII. Settlement Neaotiations The Plaintiff has demanded the policy limits, and Defendant has made no offer of settlement. Respectfully submitted, WIX, WENGER & WEIDNER B~~- JL?, Richard H. Wix, Esq., ID# 07274 Attomeys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 2/18/2003 2 , -.E<: t~,V(,;:c: <"-"f-:"",,~ ",,,,__,~'_f":'''''~y,_,,,,,_~-'~,')c-,':''-I~,,'': ~_'. . -9-'_. -~', "',""J~r:',. ~~ ',", ,c::. _, '7'_'''"", ,,; ,.'C.:~'; 'w_, ~ '. - ,___/"?)."-,,,,_,p,,,',,,,,,,~;r, _,-r,._ """"_L'_" ". " ..f''''''-'' .--, - -, '"' - ;'~ -." ,C_ 4 Neurology Neuro-ophthalmology Neuroimaging Carl Ellenberger~ Jr, MD GSH Imaging Center 320 Oak Street Lebanon, PA 17042 Telephone: 717 270 4580 American Board of Psychiatry and Neurology FAX: 717 270 4584 carl.ellenberger.med,65@aya, yale.edu December 3, 2002 Ms. Jackie Ravenel Claim Specialist State Farm Insurance Companies PO Box 257 New Cumberland, PA 17070-0257 Re: Arlene Williams; Claim #38-J431-843 INDEPENDENT MEDICAL EXAMINATION Dear Ms. Ravenel, I reviewed the medical records that accompanied the letter from Richard Wix of November 20 2002 and interviewed and examined Ms. Williams today in my office in the presence of her daughter. Ms. Williams was a 71-year-old belted driver on November 3 1999.when another vehicle drove through a red light across her path at an intersection. Ms. Williams applied her brakes but her car struck the side of the other vehicle and then spun around so the other vehicle again struck the left side of Ms. Williams' car. She was thrown forward and her chest struck the steering wheel but she does not recall striking her head. After the other driver was able to pry open the door of Ms. Williams' car she was able to "walk away" from the collision. She refused an ambulance and her husband arrived to drive her home. She recalled today that when she arrived home she became aware of pain, swelling, and stiffness in her right leg and "dizziness." The first medical report is by her family physician, Dr. Packman whom she visited almost three weeks later on 11/29/99 "for follow-up of her complete evaluation on 9-24." Dr. Packman recorded the date of the accident and that "she has been having right knee pain since that time" but did not mention dizziness. At the time of the "Complete evaluation" on 9-24-99 (before the accident) Dr. Packman recorded "occasional dizziness" as one of her 13 "active problems." Today Ms. Williams told me that the "occasional dizziness" before the accident was similar to the post-accident dizziness but "much milder." On 11/29/99 Dr. Packman advised Ms. Williams to return "in four weeks regarding her accident and her knee injury." On 12-28-99 Dr. Packman recorded: "Comes in for follow-up. She has been very dizzy for the last two weeks." Dr. Packman referred Ms. Williams to a neurologist, Dr. Jon Vickery, who examined her initially on March 27 2000. Although a report from that visit is not in the records, later reports indicate that he felt she had vertigo caused by "canalith material" in the right labyrinthine apparatus "jostled loose" by the accident. He felt that he removed the material from the left "",A%"1i!'lll'$'~.:t!_ ~, ''''''f ,.~. , " - =~ ~ll' ,- -1"'~_,l'<1!i ~"'-'f~'V"'~'-~-- ~"""',,..- . 'W'\"li'~_ 'q ~, """. -', ,,- ~~ labyrinth by the "Epley canalith repositioning maneuver" but failed to do the same, despite several attempts, from the right labyrinth. According to Ms. Williams today, Dr. Vickery told her he had done all that was possible, that she should avoid movements and positions that exacerbate the vertigo, and that the problem will probably continue indefinitely. Ms. Williams told me today that after the accident the dizziness progressively increased over several weeks or longer, but then-because, she believes, she has avoided motions and positions that provoke the vertigo-the intensity of the vertigo greatly diminished. Avoiding vertigo (as well as her advancing age and sciatica, she says) has caused her to limit her daily activity. She avoids extending her neck to look into high cabinets and lies "in a fetal position" on her left side at night trying not to move. Ms. Williams' many other symptoms are detailed in Dr. Packman's records. She has had intermittent pain in the low back since before 1998 and x-rays and MRI's of the cervical and lumbar spine have shown age-related degenerative arthritis. Recent epidural steroid injections have lessened the pain that radiates down the right leg. She has had nasal congestion and drainage, but a CT of the paranasal sinuses has been normal. She has had chest pain and exertional dyspnea. A cardiac consultant found mild mitral valve prolapse and left ventricular hypertrophy but no signs of ischemia. She has complained of memory impairment but MRI's of the brain in 1994 and again in 2000 have been interpreted to be normal (according to a note by Dr. Vickery). No causes have been found for her chronic fatigue that does not seem related to her chronic iron-deficiency anemia. She has stress incontinence and a "fallen bladder," but a urologist has recently considered her "stable." She also has "18S" (irritable bowel syndrome) and arterial hypertension. EXAMINATION Ms. Williams was well-dressed, forthcoming and polite. She moved slowly and often talked with her eyes closed (because the overhead lights were too bright.) I did not think her cognitive ability was abnormal for her age but did not test it formally. The sole pertinent finding on examination was vertigo and oscillopsia (visual illusion of motion) when she lay supine. On rightward gaze she had counterclockwise rotary nystagmus for 5-10 seconds. After that, her vertigo, oscillopsia and nystagmus subsided completely. When she sat back up again, she again felt dizzy for a few seconds and had only a few beats of nystagmus. The remainder of the neurologic examination was unremarkable. I did not test hearing but both she and her daughter denied any difficulty. Gait and balance were normal. CONCLUSIONS I agree with Dr. Vickery that Ms. Williams has true vertigo. That symptoms and the accompanying nystagmus Oerking of the eyes I observed) reliably and specifically indicate a disorder of function in the vestibular system. (The vestibular system senses acceleration and position relative to gravity by transmitting information from sense organs in the inner ear through the 8th [acoustic] nerves to the brain.) In this case the site of the lesion is almost certainly "peripheral" - in the delicate mechanical sense organs, the semicircular canals (labyrinth), in both inner ears. Any imbalance in input between the two sides will cause vertigo. Vertigo is usually temporary (lasting weeks or months) because the brain has a reparative mechanism in the cerebellum that is stimulated to action by the vertigo. There are many causes of vertigo: trauma, stroke, tumors, infections, toxic drugs, and, probably most commonly, degenerative mechanical changes in the sense organs, usually =-~ ~- "l,r ~~ ' ;;~,,,,.:,,,.,,,,"--.,, .",. -.- , "-~.~'~ -- related to aging. In some cases when the vertigo occurs mainly in one position ("benign paroxysmal positional vertigo" or. "BPPV"), we hypothesize that some kind of debris (like a canalith, which means stone inside the canal, probably an "utricular otolith," the tiny stones that roll around on the hairlike receptors to sense gravity) breaks off inside the labyrinth and gets lodged in the posterior semicircular canal. The obstruction sends false signals to the brain that cause vertigo. The characteristics of Ms. Williams' symptoms and nystagmus are consistent with this hypothesis. In this case, as in many others, the postulated cause of the vertigo in any particular individual, a canalith in a semicircular canal, is conjectural, although not unreasonably so. There is no way to prove or disprove that conjecture in a living person. Directly relating the conjectured canalith to a specific cause or event, such as the particular trauma in question, is a further conjecture, impossible to prove or disprove. I don't believe either conjecture meets qualifies as a "reasonable degree of medical certainty." Idiopathic (unknown cause) vertigo (including "BPPV") is a very common symptom in the absence of trauma. I could argue that the process actually began before the accident when Ms. Williams first complained of dizziness in September 1999 or even earlier. To reliably link the vertigo to the accident, I would require it to be absent before the trauma and most intense immediately afterward. The 6-week delay before the vertigo became troublesome (suggested by Dr. Packman's records, not by Ms. Williams' account today) further weakens the argument that the accident caused the vertigo. Why would she not mention it to Dr. Packman a month after the accident if it was a significant symptom? Ms. Williams might have less distress from vertigo now if she had been advised early to provoke it rather than to avoid it. Among the effective treatments for vertigo are exercises that repetitively provoke the vertigo and eventually-over days or weeks-cause its intensity to diminish as the cerebellum adapts. Authorities have written: "patients should be encouraged to get up and increase their activities, since there is evidence that failure to do so will limit their recovery." (Leigh & Zee, The Neurology of Eye Movements 2nd ed, p 419) That may have been the case here. I also would want to be certain that a recent MRI done with the lAC protocol (internal auditory canals) and contrast injection has excluded another possible cause of vertigo, an acoustic neuroma (tumor on the 8'h nerve). Sincerely, \. L L l '( Carl Ellenberger, Jr, MD ~- Cc: Richard H. Wix , v %1"4;;..!t}i!>~, ' _" ~~ .11l)C_".. _,r , _,,_ ~ 1- -' '" "~ ~ "" :Y,'r.1'~V'--- ",-,,-. . ~ , CERTIFICATE OF SERVICE AND NOW, this 18th of February 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Pre-Trial Memorandum of Defendant this date by faxing a copy of same addressed as follows: Dale E. Anstine, Esquire Law Offices of Dale E. Anstine Two West Market Street P.O. Box 952 York, PA 17405 (845-7431 ) WIX, WENGER & WEIDNER ,~~ .Cw+ Gaye rist '~_..-Jil!,Ml~ -',---"~" ;'-""'-"',y",~_q""," -'-,t ,.-T'''_"__'""___):, _"---,c--,v.<',__, -' -'1' . .;. -1_ ~""'_'!,?~," _,_,_'.-"% .' " ,'-'.' "' .-,-"'," .- ~. ,-- "''-'"'''-'"---'' ..-",,; -".,-r,c_"'",--'. :1':'. 02/19/2003 10:54 7178457431 DALE E ANSTINE PC PAGE 02 FEB 1 9 Z003 \t IN THE COURT OF COMMONPLEA~ OF CUMBERLAND COUNTY, PENNSYLVANIA ARLENE B, WILLIAMS and ROBERT A, WILLIAMS, SR. Plaintiffs No. 2001-06194 CIVIL ACTION - LAW vs. JASON E. MYERS Defendant PLAINTIFFS' MEMORANDUM FOR PRE-TRIAL CONFERENCE 1. FACTS: The wIThin cause arises from a motor vehicle collil:iiuJI, which occurred on November 1,1999. in East Pennsboro Township, when the Defendant drove his vehicle into as intersection, striking the vehicle driven by the Plaintiff Arlene B, Williams. The Defendant has admitted liability for the collision. 2_ nAMAGES: The Plaintiff Arlene B. Williams sustained personal injuries as a result of the collision. (some temp some permanent) 3. ISSUES: Liahility ill admitted Damages of the Plaintiffs are disputed, Defendant asserts that there were no injuries.: 4. EVIDENTIARY ISSUES: None 5. WITNESSES: Arlene Williams Robert Williams Jason E, Myers Jon Livingstone Vickery, M.D. The following persons to testify regarding the non-economic losses sustaintlrJ by Arlene Williams; Clarence Gay (son-in-law) Jane G. Gay (dau9hter) Jessica Bainbridge (friend) Susanne Williams (daughter-in-law) 6. SETTLEMENT: Plaintiffs have demanded $50,000.00. >~"~~_)']L,, " 'n--~ 1- ~ , -~- , , f FAX TRANSMISSION CHAMBERS OF T8E HONORABLE SYLVIA H. RAMBo PO Box eee HARRIS8URG1 PA I 7 108 (717) ZZ 1-351eo FA>(; <7\ 7) 22 1-3968 To: Fax#: Ruth Coulson Date: February 19, 2003 2, including this cover sheet. 717-240-6462 Pages: From: Sylvia H. Rambo Subject: recipe COMMENTS: 100~ OlllMi H VIA1XS 3~llflr 896CI..LIL YVd OC:60 CO/61/.0 -XT _ __l~ , -I ,-I . r ~. ~~"' p":t"' "''''''-r'''' - ~ 02/19/2003 10:54 71 78457431 DALE E ANSTINE PC PAGE 01 DALE ~. AN5T1N-':: J::)A.VID M. POLUCK JoHN M. 5oFIL.KA c.;.t(~tloORY l:. MAATIN L'EAH a. GRAFF WAYNE c. PARSIL Tt-tOMA5 p. LA.NG L..AW OFFICES o~ DA.LE :E. ANSTINE. P.C. TWO WEST MARKET sTRe.:~ " PO$T oP"~ICE 11I0X 9sa Yo~:s:. PB1'lNBYL~""N1A 17",05 PAACT1CE I-.IMIT'6:D TO: PERsONAL. IN.JUI=I;Y WRONGFUL. DEATH (717) 846-060& FAX (717) 845-743\ FAX TRAN'SMITT AL COVIlR SHEET r01kL No 1'\0 0. Wes(<t'i9ler ,.JTFAXNUMBER: al/c;-t.,</~ 0- FRoM~A:ie 'C. 'A-Vl ~ ~ DATR: ~ ~ '; ~01 N UMI5t!R OF PAGES (Including cuver sheet); .::< SPEClALINSrRUcrJ~ (?f\L.- ~ ~ce If' THERE IS A PROBLEM IN RECEIVING Till!; TRANSMITT At. PLEASE CALL ONE OF mE NUMBERS USTED BELOW: (717) 846-0606 Y OIl< Office (717) 845-7431 York Fax This message is inbe:nded only for the use of the individual or entity to which it is addressed, and may contain infopl\ation that is privilcl;;o<l, confidontial and """"'rt frnm d;.dosure ""der applic~ble law, If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you ....e hereby notified that any dissemi3:\l\llQn, dislrilndinn or rnpYUtg of this communication is strictly prohibited. If you have received au. communication in error, pi..... notify u. imm.diately by telephone, and return the ortginalmessage to us at the acid..... above via UJ:i, POOlsl ServlCe. Than!< YOIl. .,,;;;"\i_;,"~,~ ,'" " "~ .i ._ ,. , ,,-' ---, . . , ~, ~ -, w, ~-'Tf ARLENE B. WilLIAMS and ROBERT A. WilLIAMS, SR., Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND OUNTY, PENNSYLVANIA NO. 01-6194 CIVil TERM v. CIVil ACTION - lAW JASON E. MYERS, Defendant JURY TRIAL DEMANDED PRE.TRIAL MEMORANDUM OF DEFENDANT I. Statement of the Basic Facts as to Liabilitv This litigation arises out of a motor vehicle accident occurring on November 1, 1999. Defendant admits negligence in causing the accident. II. Summary of Facts as to DamaCles Plaintiff's principal injury claim relates to an imbalance which she has that developed several weeks after the accident. The defense neurologist has indicated that Plaintiff's problems have nothing to do with the motor vehicle accident. A true and correct copy of the report of Carl Ellenberger, M.D. is attached hereto III. Principal Issues for the JUry a) Causation of the Plaintiff's injuries b) Amount of damages IV. Unusual LeClallssues None. V. Witnesses a) Jason Myers b) Carl Ellenberger, M.D. ",,,,gE~:TT"!f -."_"""''''''r ~, I 1-- , ~ , ",,"""....,,~\W' VI. Exhibits a) Plaintiffs medical records VII. Settlement Neaotiations The Plaintiff has demanded the policy limits, and Defendant has made no offer of settlement. Respectfully submitted, WIX, WENGER & WEIDNER B~~(f{- ~~ Richard H. Wix, Esq., ID# 07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: 2/18/2003 2 :"'~,_~l ,,<>;__~'r' ,-.....'^ - I r- , ~- 'T"""~~ c-,- -. ,,~~_ Neurology Neuro-ophthalmC)logy Neuroimaging Carl Ellenberger, Jr, MD GSH Imaging Center 320 Oak Street Lebanon, PA 17042 Telephone: 7172io 4580 American Soard of Psychiatry and Neurology FAX: 717 270 4584 carl.eHenberger.med.65@aya. yale.edu December 3, 2002 Ms. Jackie Ravenel Claim Specialist State Farm Insurance Companies PO Box 257 New Cumberland, PA 17070-0257 Re: Arlene Williams; Claim #38-J431-843 INDEPENDENT MEDICAL EXAMINATION Dear Ms. Ravenel, I reviewed the medical records that accompanied the letter from Richard Wix of November 20 2002 and interviewed and examined Ms. Williams today in my office in the presence of her daughter. Ms. Williams was a 71-year-old belted driver on November 3 1999.when another vehicle drove through a red light across her path at an intersection. Ms. Williams applied her brakes but her car struck the side of the other vehicle and then spun around so the other vehicle again struck the left side of Ms. Williams' car. She was thrown forward and her chest struck the steering Wheel but she does not recall striking her head. After the other driver was able to pry open the door of Ms. Williams' car she was able to "walk away" from the collision. She refused an ambulance and her husband arrived to drive her home. She recalled today that when she arrived home she became aware of pain, swelling, and stiffness in her right leg and "dizziness." The first medical report is by her family physician, Dr. Packman whom she visited almost three weeks later on 11/29/99 "for follow-up of her complete eValuation on 9-24." Dr. Packman recorded the date of the accident and that "she has been having right knee pain since that time" but did not mention dizziness. At the time of the "Complete evaluation" on 9-24-99 (before the accident) Dr. Packman recorded "occasional dizziness" as one of her 13 "active problems." Today Ms. Williams told me that the "occasional dizziness" before the accident was similar to the post-accident dizziness but "much milder." On 11/29/99 Dr. Packman advised Ms. Williams to return "in four weeks regarding her accident and her knee injury." On 12-28-99 Dr. Packman recorded: "Comes in for follow-up. She has been very dizzy for the last two weeks." Dr. Packman referred Ms. Williams to a neurologist, Dr. Jon Vickery, who examined her initially on March 27 2000. Although a report from that visit is not in the records, later reports indicate that he felt she had vertigo caused by "canalith material" in the right labyrinthine apparatus "jostled loose" by the accident. He felt that he removed the material from the left -";-;;~tJ!W," "~.lf"1'-~:"'" _ _ ,~..,. IJl' I r .. ~, " ", ~ ~1 I'~-' ~- r labyrinth by the "Epley canalith repositioning maneuver" but failed to do the same, despite several attempts, from the right labyrinth. According to Ms. Williams today, Dr. Vickery told her he had done all that was possible, that she should avoid movements and positions that exacerbate the vertigo, and that the problem will probably continue indefinitely. Ms. Williams told me today that after the accident the dizziness progressively increased over several weeks or longer, but then-because, she believes, she has avoided motions and positions that provoke the vertigo-the intensity of the vertigo greatly diminished. Avoiding vertigo (as well as her advancing age and sciatica, she says) has caused her to limit her daily activity. She avoids extending her neck to look into high cabinets and lies "in a fetal position" on her left side at night trying not to move. Ms. Williams' many other symptoms are detailed in Dr. Packman's records. She has had intermittent pain in the low back since before 1998 and x-rays and MRI's of the cervical and lumbar spine have shown age-related degenerative arthritis. Recent epidural steroid injections have lessened the pain that radiates down the right leg. She has had nasal congestion and drainage, but a CT of the paranasal sinuses has been normal. She has had chest pain and exertional dyspnea. A cardiac consultant found mild mitral valve prolapse and left ventricular hypertrophy but no signs of ischemia. She has complained of memory impairment but MRl's of the brain in 1994 and again in 2000 have been interpreted to be normal (according to a note by Dr. Vickery). No causes have been found for her chronic fatigue that does not seem related to her chronic iron-deficiency anemia. She has stress incontinence and a "fallen bladder," but a urologist has recently considered her "stable." She also has "18S" (irritable bowel syndrome) and arterial hypertension. EXAMINATION Ms. Williams was well-dressed, forthcoming and polite. She moved slowly and often talked with her eyes closed (because the overhead lights were too bright.) I did not think her cognitive ability was abnormal for her age but did not test it formally. The sole pertinent finding on examination was vertigo and oscillopsia (visual illusion of motion) when she lay supine. On rightward gaze she had counterclockwise rotary nystagmus for 5-10 seconds. After that, her vertigo, oscillopsia and nystagmus subsided completely. When she sat back up again, she again felt dizzy for a few seconds and had only a few beats of nystagmus. The remainder of the neurologic examination was unremarkable. I did not test hearing but both she and her daughter denied any difficulty. Gait and balance were normal. CONCLUSIONS I agree with Dr. Vickery that Ms_ Williams has true vertigo. That symptoms and the accompanying nystagmus Oerking of the eyes I observed) reliably and specifically indicate a disorder of function in the vestibular system. (The vestibular system senses acceleration and position relative to gravity by transmitting information from sense organs in the inner ear through the 8th [acoustic] nerves to the brain.) In this case the site of the lesion is almost certainly "peripheral" - in the delicate mechanical sense organs, the semicircular canals (labyrinth), in both inner ears. Any imbalance in input between the two sides will cause vertigo. Vertigo is usually temporary (fasting weeks or months) because the brain has a reparative mechanism in the cerebellum that is stimulated to action by the vertigo. There are many causes of vertigo: trauma, stroke, tumors, infections, toxic drugs, and, probably most commonly, degenerative mechanical changes in the sense organs, usually ---~~;UZ _._.__. -, - ,,~ 0_'- , p '", 1 ' .~ '!ft'!fT'''''''-- related to aging. In some cases when the vertigo occurs mainly in one position ("benign paroxysmal positional vertigo" or. "BPPV"), we hypothesize that some kind of debris (like a canalith, which means stone inside the canal, probably an "utricular otolith," the tiny stones that roll around on the hairlike receptors to sense gravity) breaks off inside the labyrinth and gets lodged in the posterior semicircular canal. The obstruction sends false signals to the brain that cause vertigo. The characteristics of Ms. Williams' symptoms and nystagmus are consistent with this hypothesis. In this case, as in many others, the postulated cause of the vertigo in any particular individual, a canalith in a semicircular canal, is conjectural, although not unreasonably so. There is no way to prove or disprove that conjecture in a living person. Directly relating the conjectured canalith to a specific cause or event, such as the particular trauma in question, is a further conjecture, impossible to prove or disprove. I don't believe either conjecture meets qualifies as a "reasonable degree of medical certainty." Idiopathic (unknown cause) vertigo (including "BPPV") is a very common symptom in the absence of trauma. I could argue that the process actually began before the accident when Ms. Williams first complained of dizziness in September 1999 or even earlier. To reliably link the vertigo to the accident, I would require it to be absent before the trauma and most intense immediately afterward. The 6-week delay before the vertigo became troublesome (suggested by Dr. Packman's records, not by Ms. Williams' account today) further weakens the argument that the accident caused the vertigo. Why would she not mention it to Dr. Packman a month after the accident if it was a significant symptom? Ms. Williams might have less distress from vertigo now if she had been advised early to provoke it rather than to avoid it. Among the effective treatments for vertigo are exercises that repetitively provoke the vertigo and eventually-over days or weeks-cause its intensity to diminish as the cerebellum adapts. Authorities have written: "patients should be encouraged to get up and increase their activities, since there is evidence that failure to do so will limit their recovery." (Leigh & Zee, The Neurology of Eye Movements 2nd ed, p 419) That may have been the case here. I also would want to be certain that a recent MRI done with the lAC protocol (internal auditory canals) and contrast injection has exciuded another possible cause of vertigo, an acoustic neuroma (tumor on the 8th nerve). Sincerely, -... l l Carl Ellenberger, Jr, MD Cc: Richard H. Wix l_/ -"'*,~",m,~1i\ _ _ , ", , ~ I ~ ,~ ~.,. '''n CERTIFICATE OF SERVICE AND NOW, this 18th of February 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Pre-Trial Memorandum of Defendant this date by faxing a copy of same addressed as follows: Dale E. Anstine, Esquire Law Offices of Dale E. Anstine Two West Market Street P.O. Box 952 York, PA 17405 (845-7431 ) WIX, WENGER & WEIDNER _.)1{i.~~ C'?,~y+ Gaye Grist "~~-':; ',,--,' ,,--_~' "F,,":',,'.:7 - . ^ ~', ~-I ---~I - -' ,.... r ' CAWOrrlc<sor f ;, DALE E. ANSTINE, II, C. '''0 "'''' ~A~"<' Sl~<<> pos; 0"'0< 90< ~S' YOBK,P"NNSYLVANIA17405 --.- ,,,'. ....~-""". '-':,' -'-."-,",,-".,' I~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARLENE B. WILLIAMS, and ROBERT A. WILLIAMS, SR. Plaintiffs NO.: J..{)b 1- D ~ / q ~ CIVIL ACTION. LAW v. JASON E. MYERS JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth against you 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 default judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or 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 THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service Two Liberty Street Carlisle, Pennsylvania 17013 (717) 249 - 3166 1-800-990-9108 _, ," '~__"-,-,-_ --, .< ,- C'~.,' _ ':'_", ~ :.1 '.r '~ "; DALE E. ANSTINE, ... C. )we w<5' ~.""<T ;,",,,,, P05'omc, 00'''.. YORK,I'ZNX5YLY"X'A1740!,; '",I....o.oe IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARLENE B. WILLIAMS, and ROBERT A. WILLIAMS, SR. Plaintiffs NO.: CIVIL ACTION - LAW v. JASON E. MYERS JURY TRIAL DEMANDED AVISO USTED HA 5100 DEMANDADO EN LA CORTE. Si usted desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar acci6n dentro de veinte (20) dias a partir de la fecha en que recibi6 la demanda y el aviso. Usted debe presentar comparecencia escrita en persona 0 por abogado y presentar en la Corte por escrito sus defensas 0 sus objeciones alas demand as en su contra. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso 0 notificaci6n por cualquier dinero reclamado en la demanda 0 por cualquier otra queja 0 compensaci6n reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPRIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 NO CONOCE UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral Service Two Liberty Street Carlisle, Pennsylvania 17013 (717) 249 - 3166 1-800-990-9108 '- - '" ,~', - '''" ' (', u :i r,_: .'i ti ,} , (! f,~ , l':: DALE E. ANSTINE. P. C. 'j 'WO WEST ~'""ET >T".ET " YO"",P~N"5HV^,<'A 1740" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARLENE B. WILLIAMS, and ROBERT A. WILLIAMS, SR. Plaintiffs NO.: CIVIL ACTION - LAW v. JASON E. MYERS JURY TRIAL DEMANDED COMPI AINT 1. The Plaintiffs, Arlene B. Williams and Robert A. Williams, Sr., wife and husband, are adult individuals residing at 518 Hummel Avenue, Lemoyne, PA 17043. 2. The Defendant is an adult individual residing at 22 Fourth Avenue, Wormleysburg, PA 17043. 3. On November 1, 1999, Plaintiff Arlene B. Williams was the operator of a 1997 Mercury Sable bearing PA registration plate XGB057 which she co-owned with Plaintiff Robert A. Williams, Sr. 4. On November 1, 1999, Defendant was the owner and operator of a 1994 Ford Ranger bearing PA registration plate YS15879. 5. On November 1, 1999, at approximately 8:30 p.m., Plaintiff Arlene B. Williams was operating her vehicle southbound on Erford Road approaching its intersection with State Route 11 (11 & 15) in East Pennsboro Township facing a steady green traffic signal and was intending to proceed straight through the intersection. -- - "-'''-'''''-,~>- -, - , -,.', .""">--'J>,"_,_,__',,,'C ,,_K,' '.,''_.;"._'0_"'- i ':j' I I , ,. I , I ;, " , i J } j' i-, DALE E. ANSTINE. P. C. 'WO WE" MO""ET S;~<<T "OS>D',"C' "",g" YO,,",P~N"'YLVA"IA 17405 :f1'!f 11 6. At that same time and place the Defendant was operating his vehicle eastbound on State Route 11 (11 & 15) when he failed to stop for a steady red traffic signal at its intersection with Erford Road, and entered the intersection causing a collision with Plaintiff's vehicle which resulted in injuries and damages to the Plaintiffs. 7. This accident occurred as a result of the negligence of the Defendant and was due in no manner to any act, or failure to act, on the part of the Plaintiff. 8. This matter is alleged to exceed the applicable limits of arbitration, and a jury trial is hereby demanded. COUNT I ARLENE B. WILLIAMS v. JASON E. MYERS 9. The allegations contained in paragraphs 1 through 8, inclusive, are incorporated herein as fully as though set forth at length. 10. The negligence of Defendant Myers consisted of the following; a. Failing to properly operate and control his motor vehicle; b. Failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and highways; c. Operating his vehicle in careless disregard fore the safety of others and the Plaintiff in particular in violation of 75 Pa.C.S. 93714; d. Failing to stop for a steady red traffic control signal in violation of 75 Pa.C.S. 93112 (a)(3)(i); ,:"",,""'__'C"_"""_'" <"~'e_' _,.- . '. , ., -""~,'c""__ "'>;"".-- ,,_ DALE E. ANSTINE, P. C. YORJ[.PBNNsnVANI..,7..0" Ii, e. Failing to observe the steady red traffic control signal at the intersection when the Defendant knew or should have known that he was facing a steady red traffic control signal; f. Failing to observe the presence of Plaintiffs' vehicle when the Defendant knew or should have known of the presence of Plaintiffs' vehicle; and g. Operating his vehicle too fast for the conditions then and there existing in violation of 75 Pa.C.S. 93361. 11. As a result of the negligence of the Defendant, the Plaintiff suffered serious and permanent injuries including but not limited to vertigo, right knee injury, headaches, right leg pain, cervical injury, dizziness, post traumatic bilateral canalithiasis, and a severe shock to her nerves and nervous system. 12. As a result of the negligence of the Defendant, the Plaintiff was forced to incur medical bills and expenses for the injuries she has suffered, the cost or reasonable value of which is, or may be, in excess of the sum recoverable under the Pennsylvania Motor Vehicle Financial Responsibility law, and she will continue to incur medical expenses in the future. 13. As a result of the negligence of the Defendant, the Plaintiff has undergone, and in the future may undergo, great mental and physical pain and suffering, mental anguish and humiliation, loss of life's pleasures, and a severe limitation in her pursuit of daily activities, all to her great loss and detriment. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. . .~, .-L~c'._;"i" c ,-,'" -'''_''''--:7''=-.,-\-''-' ,I ;,1 :"[ ,7! I" ;j:.j CAWOPFIC.S O' ?,:: DALE E. ANSTINllI. P. C. i"J! TwO wE>' H'"'" 5T~<<; YOHil,PENNSYI.VANIA 17"'O~ ~ '--'c'_.,-,_,,' " ,.,,,,c;rr ',' "-"',_~,.' COUNT II ROBERT A. WILLIAMS, SR. v. JASON MYERS 14. The allegations contained in paragraphs 1 through13, inclusive, are incorporated herein as fully as though set forth at length. 15. Soley as a result of the negligence of the Defendant, and the resulting injuries to his spouse, the Plaintiff, Robert A. Williams, Sr., has been deprived of the assistance, companionship and consortium of his wife, all of which has been to his great loss and detriment. Said losses will continue for an unknown time into the future. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment against the Defendant in an amount in excess of the mandatory arbitration limits. RESPECTFULLY SUBMITTED: LAW OFFICES OF DALE E. ANSTI ,,,<-., . '- -', ~>,,"'- ,- "Co h <;' "'-_' ,.~,' ,__, ,-,.\. iI {; i ~ ~: ~', CAWO",tC<S 0, DALE E. AN8TI~E. P. C. '''0 "<5' ~'""ET 5TR<ET e05TDme, 'O'~.. YO,,",P~NN'YLVANI" '7"'Q~ ''''IS4S'0eos "'?," """",1""',-."".1"- VFRIFICATION I HEREBY VERIFY that the information set forth in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date: Date: //-~-o/ ~15'\ I', .tJ~ Arlene B. Williams I(-~-Ol ;zLd- Ii. IYlA fA~: -A ~ Robert A. Williams, Sr. ,,' '"" "~~:"",-,,. ""., "'"'._"._'~",' - .?_,' d _,~, ',____, ''''''''''''>;''c'_ ,e' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARLENE B. WilLIAMS, and ROBERT A. WilLIAMS, SR. NO. 2001-06194 v. CIVIL ACTION - LAW JASON E. MYERS JURY TRIAL DEMANDED AND NOW, this 7-fh day of March, 2001, I, Dale E. Anstine, Esquire, a member of the law Offices of Dale E. Anstine, P,G., hereby certify that I have, this date, served a copy of the within and foregoing document by first class United States Mail, postage pre- paid, addressed to the party or attorney of record as follows: TO: Jason E. Myers 22 Fourth Avenue Wormleysburg, PA 17043 ,Anstin , Attorney 10 No, 22487 Two West Market Street Post Office Box 952 York, PA 17405 ." .}.' i ',~~,_"" J ~~_, r.' ""'-', ,__'~ _,.,,,.,-,, ' ",-I. ' I q .<, "-'I ~ -- ~'" .- -.'" " ~i[J~ ,'!LA .~ -~ ., """",, j"'" ',"-.~L""'e-' ,';.-'~~"4-" " t.._,"'",-~"" .-' .. V,-'J.<:. "'"~" f-'T4i'tff~Y~kf~+'_:).;';'-:"'f b'(. -; 0 C} :-=:J C r-..-, ''', J U ~ :-:!l: ~:-J v [!J ~n :<J ,,-- .,;::- , : --,- ,.. -;-> (f-:'i :) 'C"::.l -< C; r~ L') --~ ~ ,,' -r, '::-:: , ~-D L:. 0 (~ 5> 5:~ (....) r,) (n T ~J ~~ ::J , r...,) .-< "!"- ~.. "", .. ".' /,,:.,~,\'.'E~~~\j$tH~;"W*,*J:q:t"'"'J"I"":'-~"_~T_;f{f![~,,{\""'11"'!J*"l:'-~~~~;m~~~~~~_ _ ",,.jLJ~~ '-,,!:,j:~;" ~ '. ,... . ...- . J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARLENE B. WILLIAMS and ROBERT A. WILLIAMS. SR.. 518 Hummel Avenue Lemoyne, Pennsylvania Plaintiff vs. No. 0/- (, /o,<f ~ I ~ JASON E. MYERS 22 Fourth Avenue Wormleysburg, Pennsylvania Defendant JURY TRIAL DEMANDED PRAECIPE FOR SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in Trespass in the above case. ed to Attorney/Sheriff. x Writ of S , . Anstine, squire 2 W. Market St., P.O. Box 952 York, PA 17405 Phone: (717) 846-0606 Supreme Court 10 Number 22487 Dated: October 25. 2001 --', _~,_,"- ,,,'_-'~"~c~--"1'-::~____ "-~ , - 'r'.--" '.VI-'f"" ,~ ,,-~ - ,.- , ~ ~ ~ ,,",,,-, ~ , ' --, ,"",- ,'- . ~ ..... . 0-.. -1--'''''''''~__''~~,_, " ~~I-'" ~--" "'1--"__ "',', ~,../'-'~_"'H ,-,-,."''',,, -~, ",;,;c -"'1-"-0,'- .~~- _,o~" '~t)lit;1'; ~'f~o~'~'_~f1t':h~'\~>~f$'l . ,. , "," _~~, _",=_,",\~~1W~~!'"'!!1"""I!~';'""\_::"f',B'~NI"-"J<~~~~lmilf~ ',C' I . I"" - ~ ii' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA iii [:1 ~; ARLENE B. WILLIAMS and ROBERT A. WILLIAMS, SR., 518 Hummel Avenue Lemoyne, Pennsylvania Plaintiff I:,! I:; vs. No. OJ. ~ Jq'f ~ IL<- JURY TRIAL DEMANDED ':1 i;:! :" JASON E. MYERS 22 Fourth Avenue Wormleysburg, Pennsylvania Defendant * * * * * SUMMONS IN CIVIL ACTION TO: Jason E. Myers 22 FourfflAvenue Wormleysburg, PA 17043 \{' YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE COMMENCED AN ACTION AGAINST YOU. flH:G.i P -\~ ~" Proth ot IClerk, Civil Division , , I'. Date: by CJ'1"-'--' a n.UI,~___ I Deputy "'M"J""Jib,,~~ , ~ , ., M ~ ... '" " '!""'~ l.,ilaiiil!ill!!ffl., ~ ~ ." -~. ,,, ,'. ^,_'o>__'",~< '~,'4 ,-,", - -";; - '{-'- ".'. """I "';;;';:"-'1/ '-fJrJt1flir*D}Ii;it]C;v--';"~\!D;J;rl'~'Oj.J;-':C'i 11) ~1l_~.~1mw.ffi~'fiil~~",~1;{.:<P'''':$~-<i!!it''',*,~11~.r:r .-,_~"''' ~ i!ffi!i~~""""""" l!,-~ ~L[~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-06194 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLIAMS ARLENE B ET AL VS MYERS JASON E SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon MYERS JASON E the DEFENDANT , at 1450:00 HOURS, on the 1st day of November, 2001 at 22 FOURTH AVENUE WORMLEYSBURG, PA 17043 by handing to JASON MYERS a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.75 .00 10.00 .00 37.75 ~~ ~t:~~ R. Thomas Kline 11/02/2001 DALE E ANSTINE day of By: rf{~:?:;. s~~1Clj Sworn and Subscribed to before h' 9--!'-:. me t lS - 111)"";" .I~, ,.:240 ( A. D. ~a 'ftt.a/:. 1 ~ Prothonotary ~>'l"''''''''t"'''"~' ~ ~~- ~ , 1 ' "~ ,""""'" ~-"'" .. r {2 ~~ ."""""1"',,,~_~_~~~lJ'~"'1""'Jr~!!'Im- !~{~-~'-.,,~- "-~':"""'-" ,.,l. ,~ ~, . -," "-'-"'-~> ~~~-";-V'-,s.;;<4;:I'- . "~""'"'<!'~L.]tr.r'ro't1lJ,,-;3t1r~~\f'~;'~' _,._.~~j!j!W..e-fA!~:;-"'I"Wf,,,-j;,r;':i':i'-"'i-"f'::c__r.Y.t''';:''t~~~~~~I~~~~..{r ARLENE B. WILLIAMS and ROBERT A. WILLIAMS, SR., Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6194 CIVIL TERM v. CIVIL ACTION - LAW !:] JASON E. MYERS, Defendant JURY TRIAL DEMANDED ~;i ;~1 , ~- " PRAECIPE FOR APPEARANCE TO: Prothonotary ~i'-~ Please enter the appearance of Richard H. Wix, Esquire, of the firm of Wix, Wenger & weidner, on behalf of Defendant Jason E. Myers in the above-captioned matter. C" }i :;~1 , ''1 WIX, WENGER & WEIDNER By ~~ JI. Wd Richard H. wix, Esq., I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: March 12, 2002 ~:--,---"" ,_ _ I'l') _ _ , l ~ ._~ ~ ,..-~. -~ ~ ~ ~- I~' ,--i_, N>,'~"" _-_,"~V_',;;,-~,"- _ ~ ~~ <.\.,.c; t;({~; . If _ ~- -,-':C 'r:--~~jl'~~} .'V',,?l'. :J_'-B~~--<'re:'r~~1 (") ~~ ~~.; Z:::,:- %C :!~i: ~k --, -.( ,,"1~,I,'!'L ~__",.",~~f"'i!'KN.!ill!l111'J,jG),;A~,4JU\'8f'"~.. :::) r"-":, '..-" -n -"!r;: -" f'.~) ;:':':> -,,.. ,"", ,- ; ,.:0:-", ':;~~ ~~ Lj' \l' )::;. :3? .ft :s ~~=, Mi1J_~r:t.: IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION ARLENE B. WILLIAMS and ROBERT A. WILLIAMS, SR. , Plaintiffs : v. File No. 01-6194 Civil Term : JASON E. MYERS, Defendant PRAECIPE AND RULE TO FILE : X A COMPLAINT : A BILL OF PARTICULARS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue rule on Plaintiffs to file a Complaint in the above case within twenty days after service of the rule or suffer a judgement of non pros. DATE: 3/12/2002 Signature:~;'~ g. W-i Print Name: Richard H. wix. Esa. Attorney for: Defendant Address: 4705 Duke Street Harrisburq. PA 17109-3099 Telephone No: 717-652-8455 Supreme Court ID No.: 07274 NOW, fIl~lLcl-, . /::( .) r'Dd.. , 19 I -....; prothonotary By~ .t!2o-v,p j~) VE. ~-,'y. /------ Deputy (NOTE: File in duplicate) PROTHON.-12 ", ... :' .)U~1'WI_.Q,-,,_ "'_..<'_ ;-. ~ "I , . ., I ~. ~ ~ l""' "C~" ".co ~~", ,_ !1!'~~o. ,.~_ ~~g._ _ ,fm_~- ~."__,ll!Jf!IjW,~_,,.,._ <,~ ,. ~"~, ,- ',", "-~"_I'-C-_ ,'~-'" .';""-. "-,,,~, "'"-~~'~'~nr-~T"'-~~"'-~~' 'c.;l~W~:~t,{l,;'~r~i:fif'tX;ff,j'4';&)'f~;~'f:\~,~~s~ 0 c:_"\ C:J C f"-.) ,-1 ...:" >T'~ -0 Co , ': -~~ rn r'o :u Z :1-,- .. ;2',- -,-~; 03_1:- r.....) -<~ ". .'-_. , C) C--' '-- 7.>" 'T. :> CJ ::3: ':~) ~~~ S;~? '_')' I j z ~~:! -:;I ::1] -~ 'c' ~< 6:.\ gf/ _ ,,,,,= ,~,!.I!I,~JJJ~WJ1~m~"'!w,!.-':';;,'"~".","'-'-"-';-;;'; ,-'~';!JV';f.._,,";-,"'''f.-(4,,''''1?,'!1<'):'''',-''!'lf"y;Hj,.,-:1F'"'!'''W;;'X.!N"1~>,'''''%f~'!!i~~.' \: t:! '::1 !i fi, i> [ii' ,; , ~, : n , "I '-'-I . , , " '-'-I "I ;-'1 ;'1 "I ~', ;1 "I '\"W~l. . ARLENE B. WILLIAMS and ROBERT A. WILLIAMS, SR., Plaintiffs IN,THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6194 CIVIL TERM v. CIVIL ACTION - LAW JASON E. MYERS, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD To: Arlene B. Williams and Robert A. Williams; and Dale E. Anstine, Esquire, Attorney for Plaintiffs You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. WIX, WENGER & WEIDNER By ~~ Ii. LJ-x Richard H. Wix, Esq., I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: April 3, 2002 """')'-c';1!~-'- <,~..,",,,,, 'F:"'~_"': c+_,_ ' ~,v>'r":,7'."-" c><;, - - ',~ ,. ,~_<; \ ,",O;---"<"',W'-' ,_ "C' - - __-_: - '-,- "~, ".--,<~', ",,,_ '_~-~1' . "', . _',^K__ -;.' , --"1'0" ~ i'; t;: ',~ ,;, i.,l " fi' tci ~f: ~: ARLENE B. WILLIAMS and ROBERT A. WILLIAMS, SR., Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6194 CIVIL TERM v. CIVIL ACTION - LAW JASON E. MYERS, Defendant : JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW comes the Defendant, by his attorneys, wix, Wenger & Weidner and sets forth the following Answer with New Matter to Plaintiffs' Complaint. ;;. L Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. It is admitted (: i" t-- (: , I"~ i< C l::-, i I; [-' f!--, l.' t' ,'" !:',j ;,.::: ;' -.,,~-~ that Defendant failed to stop for a red traffic signal. It is denied that the accident resulted in injuries and damages to the Plaintiffs. 7. Admitted. 8. Denied. 9. Defendant incorporates herein by reference his answers to paragraphs 1 through 8 of Plaintiffs' Complaint. 10. It is admitted that Defendant was negligent in failing to stop for the red traffic signal. '" . H-,~"/_""_"~~', .~-_"_~'_~,.;__,-",~-",.,,,,,,.,. ..,oJ ,.,.' d"""'" -. ~~d'-T"I' -c. '_';~ H_~'''''~-> <cc""', ' >",' - _ ,'< --- ,- '_ "'-;""-<"'~~-o~"" .-~c ,::>- ,e' '_0," ,.-~-?'" ;':~ - ,', . "", "l- ~ ~1 ~ ~;i l': ~: , {~ fi'l fcj ~: 1~: ~ ;,- "'" !,O" V: 1:1 "-' ~-' r'-, ~: .', , t':' ie" l~ 1-, !'-, i": ~,i ,: ~t~~ :t i'" 1\, Ii i"- i,., Ii- fL' !:' i' ' ::.i ~, -i l_ '-i,'l'l",_~,~ ~ 11. Denied. 12. Denied. 13. Denied. 14. Defendant incorporates herein by reference his answers to paragraphs 1 through 13 of Plaintiffs' Complaint. 15. Denied. NEW MATTER 16. Plaintiffs' claim is barred in whole or in part by the provisions Pennsylvania Vehicle Financial of the Motor Responsibility Law. WHEREFORE, Defendant demands judgment against the Plaintiff. Respectfully submitted, WIX, WENGER & WEIDNER By ~ ~ ft- l.h; Richard H. Wix, Esq., ID# 07274 Attorneys for Defendant 4705 Duke street Harrisburg, PA 17109-3099 (717) 652-8455 Dated: April 3, 2002 2 "_-iJ'-'", -~,~ '" ,,'_:2../___"::"'JOj~y__ '_11-T, ~,' :_ _~ '--'?''"'_~' 'c,";' ,,-",_-f-~,-_ _"""". ','_"_'~- '.i".- ~ .~-, '~"r--" -.c,. '," , ,""" ,- "ii'" VERIFICATION I, Jason Myers, have read the foregoing Defendant's Answer with New Matter to Plaintiffs' Complaint which has been drafted by d ;i my counsel. The factual statements and/or denials contained ) therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this verification. , .' b" This verification is made only as to the factual averments C', contained therein and not to legal conclusions and averments authorized by counsel in his capacity as attorney for the party or parties hereto. This verification is made subject to the penalties of 18 PA. C.S. Section 4904, relating to unsworn falsification to authorities which provides that, if I knowingly made false averments, I may be subject to criminal penalties. Date: '-1/ d./OJ.. J~J:;: ~ '~'-':C ,!'!!j;, - > ~_~ '_.'~~""<"_'''!''-'''_'',_,,_~,," __ ,.,Joe '"___''''__',C.-. ,,_,_4,",A~ "_'+',.,'<,_>","p-__P..,' ',_, q_'._ "',_~,_",~_~__ < _ ,~~, 'A_~_'__"~~,"'__.._~, ~,~"",__!':<<~_3'~"_~'___'_"'__';'J;_"_" ,_~~__'''p"___~_ ~,~ ,'''''_ -__e~ . ,<~.I__'~__'" "."""-0> .1' i I"~ ti ,. 11 I N t-1 i;~ 'j , [i l~ ~ 11 f' [i r< [ ~~ I ,. )~ f, I' I ,"I i:j] ~" , , [" f~; ., ,'- ~ :: f.;'; r'- i'~ - i,- ", I'] r-'" I"~: ii] I"~ " ., " , , , ,: I:, , i ::: "''-'it._I_., CERTIFICATE OF SERVICE AND NOW, this 3rd day of April, 2002, I, Richard H. wix, Esquire, of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that I served the within Defendant's Answer with New Matter to Plaintiffs' Complaint this date by depositing a copy of same in the United states mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: Dale E. Anstine, Esquire LAW OFFICES OF DALE E. ANSTINE, P.C. Two West Market Street P. O. Box 952 York, PA 17405 WIX, WENGER & WEIDNER By rt\A'~ If. W?? Richard H. wix, Esq., I.D. #07274 Attorneys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 -.:_,,'~ ,,-,0",-,,,,-;-7- -'.<,,? ,0 ", - . " ,,_,.,'>_"--'_'-:1"_'" ,"~!_~ '?'1~-"',,"o",_"-, '''!"''_~ ",>,_>:,,,~,, ""',' '_""'''\''~ "'_",' ""~~".'c-- '-<O"~" ~_'<~_ ,_ ',."'" ___"~'" e, -, < _,' ,,,,,,,'e., __ r' __ ,,-_, ~, .~ _ , ~~ >"'., ,,~, ,-",)1.. ,"," ,".' "" " -- ," '".'--' ~, , .> ~ "~ , >~ "0." ,'<,,,-,'4);;&i<j,,"';'"~'iY ",0' l',~ :,'" '_"'''",',' .. .."~",\"' -~. ""'''''''"" ~~fiIM'p:?JT'I.~_ __~~!!'l~",_. >, '~ -,-- """--""'.';;)-<?*'f~~;;,f~;~:~;,q,7~,~5ifi::L '. !y.;;o;;~-iJi~'i~':;~ii"1'_jJ_1Jt I\Ii; 1__ (") 0 0 c: 1',) 'n ? ". ..... "~ "'," ~OJ " -"~-:D l p~ :::c. ;'1\..,- Z:Ci I -.<::t'il l}S; "'--'i::) ..... ~)~~: -< ~<~ ~Ci ";]. ;:!).~ ~O :.a:: 0,,0 5>~~ -. ;O:")fTI .. 2:~ Z b, 3 =:> :n , (;0 -< rt$~al~l"'!r{'l'l N1;~,Ill~~:-_, J_-ri~.J~~; r" l"".l:fil'ilJJg']r ''',' -, . - PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONJTARY OF CUMBERLAND COUNTY Please list the following case: ( v(" for JURY trial at tile next term of civil court. (Check one) for trial without a jury. ------------------------------ CAPTION OF CASE (entire caption must be stated in full) (check one) (~iVil Action ~ Law ARLENE B. WILLIAMS AND ROBERT A. WILLIAMS, SR., Appeal from Arbitration (other) (Plaintiff) vs. ( Defendant) The trial list will be called on 2.11--D3 and Trials corrmence on ..MAtch \6,2063 Pretrials will be held on Fe. b 19, ;UO~ (Briefs are due 5 days before pretrials.) JASON E. MYERS vs. (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. 01~61~4 Civil actIlon - law 19 Indicate the attorney who will try case for the party who files this praecipe: Dale E. Anstine Indicate trial counsel for other parties if known: Richard H. Wix, Esquire This case is ready for trial. Signed: Date: //-tJt/- tJ::l Print Name: Attorney for: Plaintiff Dale E. Anstine 'l,~,;,_ ~ ~,_ _ _ ,__ .' h ,~,~, ~, t-",- - , ~ ,- " '. ., ',', _ 1II1ll:f1 " ~ . ...1, \. e. ....... 0= .~,"",.,. 'N' "",Co -~, -1'~""'~''''''- - ~-""li,(fliU"rmT n r ',"'~o.J""~'r 1~~'j''';1Irff~r~Jitf~iJ;;r'f(i;.j,,~ C) ~ aJf~~ ~;-'-' (/1 ~~_ ~~ ~_. ':3; .,,~;ml~,~_ ,.i"""~"'".C"_', __~!!I~Wj~~W""@,ih--_'A.WA!-"-' ;-"-.) ~-~ ~.;".:' J;-'- (::~ ~ .. "i:i"1~("_'''I---::",??@.","V><1'r.r~\jID~,:g;-#<\i'1"~-<\!i<ifif[Ci:1f~~i~,ii!'j~~.~.~:1 ,., ~." 'f i fi _ 10. Arlene B. Williams and Robert A. Williams, Sr. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V Jason E. Myers : NO. 01-6194 CIVIL TERM ORDER OF COURT AND NOW, December 31, 2002, counsel having failed to call the above case for trial, the case is stricken from the February 3, 2003 trial term. Counsel is directed to relist the case when ready. By the Court, Dale E. Anstine, Esquire For the Plaintiff Court Administrator ~ /W'A.hAVJ-3/ () 3 ~. Richard H. Wix, Esquire For the Defendant Id " ,,;;.~,,t;,.'l'iJ.W..il~! ~~ , 'v, '~~.~"-,r - _ "< , " 1'-'" , 'of ."' "~ = "~.,.., ~"l ~ - , , m t-~ ^ , " I~~d'-""~. -- ...." IY,~,"_'-~." .,,~ti('lr''t<r- r"t'~r;ifi'~-"'::~J:~'( 'i'1f'-::--= :o<;"J~'iYwt~t}{J~~w~~f4f:t~';;;,~t~:&j?!;i~1'~ >- .:1" j::: CC ~ 2: tU~! - :;d'.q: - { )~ ~t~. :iC .::) -:; <C "'" ~)t~ r")_, "',,;;:: cry ::--- (f) O~< I .5z U...J'-; :_i~ias O:~;"~ _. ~J ~ ucr.: i:(l!:!... 1=:= , ~- .2: 1 L,"--_ (V) :::> 0 <=> () !8IM'~" 1Il~t. ~ j~^."",: 1'1" .-"I1'!~~$lj.=,,,,,,llJ ,J~T'"~J~,e l\i~~ - ~t'l!1!WWi!'~~"i;<,~r"':'r' JllI;i!rllJlt,<, _ '~''';k"_''"'i.'::',,,;-c',- X,d',:".", ","i?'-"'-~fi<"'i"'-~O_\.~;;.~,,-;,,i"$,!j,;TJi'g.tjE~~~;m ,~j"~ ~\;~ 'F>'"lfllr!'l ! ~ c,_ , PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and sul:rnitted in duplicate) TO THE POOTHONJTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) x for JURY trial at the next tenn of civil court. for trial without a jury. ----------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) ( x) Civil Action - Law ARLENE B. WILLIAMS AND ROBERT A. WILLIAMS, SR. Appeal from Arbitration (other) (Plaintiff) vs, JASON E. MYERS The trial list will be called on 2-11-03 and Trials comnence on March 10, 2003 ( Defendant) Pretrials will be held on Feb. 19, 2003 (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.) vs. No. 01-6194 CivilAction - Law 19 Indicate the attorney who will try case for the party who files this praecipe: Dale E. Anstine ;;'1 Indicate trial counsel for other parties if known: This case is ready for trial. Signed: Richard H. Wix Print Nama: Dale E. Anstine Date: ~^~~ Attorney for: Plaintiff /~~""",!. <'c '>-'''1-,-",_'''''T:'''-' "1'''-_''',., ~,.. of"" r,< "' P ,- ._<~-""- ,-~.,.~~ , " ~1 - "","~ "'~ ~_., ~",,~<, "_"'," \ ~~~;Illl'~' - >~ ''''''' .,. -,~ ,,,.' ,~, ~"~;h""'~"'^' ",- -. """"1' r'"T~f"-"--N'jj1"_;k~' _r~~~"';f~"t "t:-;~""'';-!r;~~;~;;-i:;J,':' 'o~ii;eii':iy-i8~~ o J= <::: '"1:10::', ~!;r ""::;-',- !t~_~ Z f5. 'M) o C.) T~'\" :z: -i --<'-- , c ,- ~ ~" \."-,' (~' ,~ r_, e<-".'"'''''!>''' _,~..~,"!I1;):!i';!l'i\';;\'""~M~NIBI'~"lf,,~~lii!)j!~...,,,.,,~. RW>~f<i'jiWllF-i1illll"'1--ry.... "! I_"l:-~f,il . ~ ~T-"""N",,""""" "_, ,_ ,=," _~ Wi"" ARLENE B. WILLIAMS and ROBERT A. WILLIAMS, SR., Plaintiffs #13 OLER IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JASON E. MYERS, Defendant No. 01-6194 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of February, 2003, a pretrial conference having been scheduled for this time in the chambers of the undersigned judge, and Plaintiffs having been represented, by telephone, at the conference by Dale E. Anstine, Esquire, and Defendant having been represented by Richard H. Wix, Esquire, and Plaintiffs' counsel having indicated that he had listed the case for trial improvidently, and having moved for a continuance of trial in the matter, and Defendant's counsel having objected for the record to the oral motion for a continuance of trial, the Plaintiffs' motion for a continuance of trial is granted, and Plaintiffs are directed through counsel to relist this case for trial at the next trial term after the March 2003 trial term. It is noted that for purposes of any delay damages, this continuance is chargeable entirely to I?laintiffs. --'~~-' t-,.,,-- [- ,d" ~.:~j~riH't~ltt~1ii~BWlmm~~1!!1~~",:L>:f,,~,_;_';'-_-'g.-ri_I'')"'i.iWi-l-.r;it~,;;~!,,~_~&:jLiID'mlt'-'~-~~-~'-'--J("'= '; -', P---';~!i'li-1i%iJ!ft!-~~~-- ~~ ' .-f.' ,"\-~ er.n :; I ~- -.,.j 1 :.., ;~. ~ CU\\:'it:::U<~-,' ',j 'i~.: PEi'~NSYL\!i-\NV\ ..... " , '"ti; ;h;_:I-k.-_,.;_~.:'_"i'~'>i"'_\:'''"''' ,il-,~" _,_J:".::~~,,"" ;_~o, -.<)l~IL__,~ _ _ L.~,", _""~_" ,D'"'' ~i "',_"l'.'o'__'" "', ""' -'iT,.\hY 'll"l: ~G L .,...... 6iii111i"- J~""";'"'<"" 'N . -." ~i-Z7t; ,';F"'-->~j-"~~';-'-'-' r"-W-'-rr'~~rr uJ" -'<"~'''''-<'''''''''''- - .- rr - Dale E. Anstine, Esquire For the Plaintiffs Richard H. Wix, Esquire For the Defendant Court Administrator wcy . - "'.-' 'il\i1, By the Court, ~ ~ ;1.;;1-03 ~ ." .-- "', r I' iiii3WJf "',"'" q .~_~",:""II!!'l!It,.,._;;_- '-',"e ''';;,}',V_H -j.",- ~-~ -';:';"'*'ifYlil1r~"f.~ ;'('-n-: ',. ';d,-{,- ~~;:':t "'f(1/r"'-{t$~t.~~~S~ t~" :_'lPJ4SJ;J~~ .... " ~ ~ ;tl~ frfIl "WM "!ill: ~_ ,_ J\_~~rLm "'"" ~~~" .'.... JlII~il$Iij!!'*.~~\i'I-H";~w' 'f{'''-'''''',_*"~-,, t~'"''0!-:I,~,,*,qfi'~J\~~~,lf~~~!Iil,.,!,~ ,r-\: ! l:-nlr-'-'-j "'~__en" '~:;:-(D: PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE POOTHOJlDTARY OF CUMBERLAND COUNI'Y Please list the following case: (Check one) v-( for JURY trial q,t the next term of civil court. for trial without q, jury. ---~----------------------------- ~TION OF CASE (entire caption lIRlst be stated in full) (check one) ARLENE B. WILLIAMS AND ROBERT A. WILLIAMS, SR. (X) Civil Action - Law Appeal from Arbitration (other) (Plaintiff) vs. JASON E. MYERS The trial list will be called on4-1-03 and Trials commence on 4-28-03 (Defendant) Pretrials will be held on 4-9-03 (Briefs are due 5 days before pretrials.) vs. (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. 01-6194 Civil Action-LaW 19 Indicate the attorney who will try case for the party who files this praecipe: Dale E. Anstine Indicate trial counsel for other parties if known: Richard H. Wix This case is ready for trial. Si Print Name: Dale E. Anstine Date: ~ -I i..43 Attorney for: Plaintiff "'<''"'''''"''''''"'''_ _ ""'_", _, _ 1 -1- , . ~,~A;~ JlIlI, ., ,,"' JUI~,I)A", <J~. ,: 1~7r-- ~m~,.~ ~""i"~.,..,.,. '"1'''' ." -~,. .' - ,. -"", '-.~-""'" -,0;,'. " ilJ '~' '!'rlill.fj'[-':lt"":'t'-'i4 ,~G"'"'il11!)t"'1"j'f"1(vN"J;1!t:.~i1.lj',:"q 0 0 C) C of.J.) -"1 r:'__' -., ,,-, -OCt :<l jT] ("i '-~ -':;:0- :-,t Z C ;",-l ,-n - :::'--2: ~~ t~ ~ I . ...,;-, - , <::;;:- r,,) ,Y' 0-) ~ ~ _ -;'c, "~ 'f ,~!j'rnr: 'TJIj!rn:,~,'-",",!Im,-q~";,l"'-'!C~"'~T"",",_J1I""~'4~~_. Urtm,lJ, ,t,\"~"",,,. ~', ,.f}"!t""""l,_ """,1 J, [ I. is-of "~"~.", ~rf'J--"~ry~", ~ -m'" ~ -1-- - j 7. Arlene B. Williams and Robert A. Williams, Sr. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v Jason E. Myers : NO. 01-6194 CNIL TERM ORDER OF COURT AND NOW, April 1, 2003, counsel having failed to call the above case for trial, the case is stricken from the April 28, 2003 trial term, Counsel is directed to relist the case when ready, By the Court, Dale E. Anstine, Esquire For the Plaintiff Richard H. Wix, Esquire For the Defendant ~ ~ ,/_03.{J3 C).-.. Court Administrator ld , ,f~:wI,:~WiMlllN"'T __ ~, ,,, ,<", , ,~_ "~<", ,r f ,,- ~ "~ , , - ~ 'di__~llil!l!:ii&ji;~d%;;;"~:;'iM-;2fGf"!i&!);tl2'i",IDl."-~lm_"3" ""'"",.,,,, ':~::'-:td"','l'''I~:;;ti,'t&Mmf&i.k!~~illiltjfa<!i!lbjt~M.Mi'~ ~~~,.i;cio,j'Q:M:-li~:u-~n'('ji Ui~"L",,--:"'" '." ' '-"<'ilI.l..;::';-' 11'1 }3 Ot~ liL!~e=:~!'~],y{~" c~,,ju iAj)v ,,1, 034Pr: - v hi 2: " ,~ CUA'IBbi '. .... " PE~J;~Y.Li!<))OUN7Y \/'uVlA qT13-h;:,::i:,~-~~~~: ::';'j"J,:f7t~~~,:,~f1,h~,~5,~,\t:,:,} ,;:::,,,,,,~:~>~;c~,,:,.d:I~, ~,~~\" ,~ 0 '"', < < ~, 'b, I~_,' "<, ~, I~ ~' ~ _ n '1 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE ProrHOJlDTARY OF CUMBERLAND COUNI'Y Please list the 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 lIRlst be stated in full) (check one) ARLENE B. WILLIAMS and ROBERT A. WILLIAMS, SR. (X) Civil Action - Law Appeal from Arbitration (other) ( Plaintiff) vs. JASON E. MYERS I The trial list will be called on 6-10-03 and Trials comnence on 7-7/03 ( Defendant) Pretrials will be held on 6-18-03 (Briefs are due 5 days before pretrialS. ) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.l.) No. 01-6194 Civil Action-Law 19 Indicate the attorney who will try case for the party who files this praecipe: Richard H. Wix, Esquire Indicate trial counsel for other parties if known: Dale E. Anstine, Esquire This case is ready for trial. Signed: ~~ I.t W Print Narre: Richard H. Wix, Esq. Defendant Date: 4/7/03 Attorney for: ','ccrl",'Y"-" ~=~'-- " ," r , ..".. ~. , - ~ 1 ~ "" . !I!IIIJ,~., "~I~" ... J - '.--;<)--",'Or 08, --,' ~'~"'~f-'Yrrfjf,.--:lt:-"C,i;~f~~~;11~JV":t~",~:,t"!':\Lr): ?~;,i ';(-'1V~~ 0 0 ~ C GO ?~~ p -, -JeLl " fl; ." cO z :z: co ((1 -<:: ~L. ~-o ;:c.:::;, -'~ ~:2,~~ ;-""'1 2--= :J OJ ~ , ;'~~f>!@E'l"',",,~,!l$i~iIJIL'l!lLl-~Jlifl"j)_~.,~",.,__, , [~,lli!r'':'1li-,t-i~W''''52i,;;,?"t~''"' y, ';C-',;",,",,;. '<~t:J-":~il-i'ii,~""~~,,j.,l%'~ll!ffiii1!B'&i$~,~fW'fr1~~~~~-"" ~ ,~' ,o"'"<t"''''''''''''~, (!) , MAR 2 7 Z003 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARLENE B. WILLIAMS and ROBERT A. WILLIAMS, SR. Plaintiffs No. 2001-06194 CIVIL ACTION - LAW VS. JASON E. MYERS Defendant PLAINTIFFS' MEMORANDUM FOR PRE-TRIAL CONFERENCE , 1. FACTS: The within cause arises from a motor vehicle collision, which occurred on November 1,19913, in East Pennsboro Township, when the Defendant drove his vehicle into as intersection, striking the vehicle driven by the Plaintiff Arlene B. Williams. The Defendant has admitted liability for the collision. 2. DAMAGES: The Plaintiff Arlene B. Williams sustained personal injuries as a result of the collision. (some temp some permanent) 3. ISSUES: Liability is admitted Damages of the Plaintiffs are disputed. Defendant asserts that there were no injuries.: 4. EVIDENTIARY ISSUES: None 5. Wt-U- 4ftu)lt d lJutJ ILtlXO 6/) ulti.d WITNESSES: Arlene Williams Robert Williams Jason E. Myers Jon Livingstone Vickery, MD, The following persons to testify regarding the non-economic losses sustained by Arlene Williams: Clarence Gay (son-in-law) Jane G, Gay (daughter) Jessica Bainbridge (friend) Susanne Williams (daughter-in-law) 6. SETTLEMENT: Plaintiffs have demanded $50,000.00. - -,,- """"'1r .",.., 1~~''"1'1'"I1'",rrT'''' 0 , A~; ;-'~""y~ '-"'"" (f"^'~'-' '" ~- . 'f"' :~ LAW OFFICES OF DALE E. ANSTILNE. P.C. DALE E. ANSTINE DAYID M. POLUCK JOHN M. SOFILKA GREGORY E. MARTIN LEAH ~. GRAFF WAYNE C. PARSIL THOMAS P. LANG TWO WEST MARKET STREET POST OFFICE BOX 9S2 YORK, PENNSYLVANIA 17405 (717) 846-0606 FAX (717) 845-7431 March 24, 2003 Office of the Prothonotary CUMBERLAND COUNTY COURT HOUSE One Courthouse Square Carlisle PA 17013 RE: Williams v. Myers Docket No.: 2001-6194 Dear Sir: Enclosed is the Plaintiff's memorandum for pre-trial conference. MAR 2 7 Z003~ PRACTICE LIMITED TO: PERSONAL INJURY WRONGFUL DEATH I am, by copy of this letter, forwarding a copy of same to opposing counsel. DEAlm Enclosure CC: Richard H. Wix, Esquire, w/enc. :':"'\"~'" ,,co .."", "..~"--ry""'"'",,,, ",", "~""""',';----::'~:?~I""'__""('"" "!?-'- _""C""-' " 'I ""H>-'"~l'fr~ ',,'. ,'" n",~<_ ARLENE B. WILLIAMS and ROBERT A. WILLIAMS, SR, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND OUNTY, PENNSYLVANIA NO. 01-6194 CIVIL TERM r'! p i! f: r: r' I, ~-I r;: v, CIVIL ACTION - LAW JASON E. MYERS, Defendant JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT I. Statement of the Basic Facts as to Liabilitv This litigation arises out of a motor vehicle accident occurring on November 1, 1999. Defendant admits negligence in causing the accident. I'.' . ,-" Ii',...." " ',I I":! I"~ 1,,'1 II. Summary of Facts as to Damaqes Plaintiff's principal injury claim relates to an imbalance which she has that I:,' i , ! lL I", i'~': i !,;' I':':' Ie f :;, t'<' l\' [--" t': i1 I"''' I I,"~ . I~: i 1/' , I': , r~ . i i' developed several weeks after the accident. The defense neurologist has indicated that Plaintiff's problems have nothing to do with the motor vehicle accident. A true and correct copy of the report of Carl Ellenberger, M.D. is attached hereto III. Principal Issues for the Jurv a) Causation of the Plaintiff's injuries b) Amount of damages IV. Unusual Leaallssues None. v. Witnesses i< ,: I,:',j a) b) Jason Myers Carl Ellenberger, M.D. r<; (: I', 1'.: I,"': i ;' ~ ~" " fH',:,~"",~ ""__'u"""=r:.,..",,,,, ""~,~;,,o~." "" "'-",'r", ',uP" '''i,'__~'"--~:J~''''''--:' "I ,"'::~ ",~,,>--,'~")' "" - '-) I ' "'<_"""~""~"^':ThW T:l': 'rrnr~-'~- ~ - ti iJ l; 1/ I' , , I f ~: [ VI. Exhibits a) Plaintiffs medical records VII. Settlement Neaotiations it, f~: ~" l:: The Plaintiff has demanded the policy limits, and Defendant has made an offer of ( " , , Vlj $4,500.00. c I:: i; ;:, E_ Respectfully submitted, ~_: WIX, WENGER & WEIDNER f'-, By '~~ /-l. l.J.x Richard H. Wix, Esq., ID# 07274 Attomeys for Defendant 4705 Duke Street Harrisburg, PA 17109-3099 (717) 652-8455 ,', Dated: 6/12/03 2 ; ""'~",:,' "P",~' ,,'-. 1,;::,' ::-,~,..',/,'P?_?',;", '-_"\",~ ,_.,-~" -, ,,- ."~,, -"HJ' ":::'''>)?'f-- ";,,,:^,,";,"~""; '~. ,,, . -, -,"""", '-~';"'- "~'" ,..,"""-,;' . -"~-::~.--'""I'i-" -j '-,>""1 ""-'^v""'~11' o'T~, ~t" - '0, ,'n .. --~ Neurology Neuro-ophthalmology Neuro'imaging Carl Ellenberger, Jr, MD GSH Imaging Center 320 Oak Street Lebanon, PA 17042 Telephone: 7172704580 AmE!rican Board of Psychiatry and Neurology FAX: 717 270 4584 carl,ellenberger,med,65@aya, yale.edu December 3, 2002 Ms, Jackie Ravenel Claim Specialist State Farm Insurance Companies PO Box 257 New Cumberland, PA 17070-0257 '''i Re: Arlene Williams; Claim #38-J431-843 INDEPENDENT MEDICAL EXAMINATION Dear Ms, Ravenel, " -'-; ",' I reviewed the medical records that accompanied the letter from Richard Wix of November 20 2002 and interviewed and examined Ms. Williams today in my office in the presence of her daughter. Ms, Williams was a 71-year-old belted driver on November 3 1999.when another vehicle drove through a red light across her path at an intersection, Ms, Williams applied her brakes but her car struck the side of the other vehicle and then spun around so the other vehicle again struck the left side of Ms. Williams' car. She was thrown forward and her chest struck the steering wheel but she does not recall striking her head, After the other driver was able to pry open the door of Ms. Williams' car she was able to "walk away" from the collision, She refused an ambulance and her husband arrived to drive her home, She recalled today that when she arrived home she became aware of pain, swelling, and stiffness in her right leg and "dizziness," The first medical report is by her family physician, Dr, Packman whom she visited almost three weeks later on 11/29/99 "for follow-up of her complete evaluation on 9-24," Dr. Packman recorded the date of the accident and that "she has been having right knee pain since that time" but did not mention dizziness, At the time of the "Complete evaluation" on 9-24-99 (before the accident) Dr. Packman recorded "occasional dizziness" as one of her 13 "active problems," Today Ms. Williams told me that the "occasional dizziness" before the accident was similar to the post-accident dizziness but "much milder." On 11/29/99 Dr. Packman advised Ms, Williams to return "in four weeks regarding her accident and her knee injury." On 12-28-99 Dr. Packman recorded: "Comes in for follow-up, She has been very dizzy for the last two weeks," Dr. Packman referred Ms, Williams to a neurologist, Dr. Jon Vickery, who examined her initially on March 27 2000, Although a report from that visit is not in the records, later reports indicate that he felt she had vertigo caused by "canalith material" in the right labyrinthine apparatus "jostled loose" by the accident He felt that he removed the material from the left ,;-;;,l,,. 'r,,__, ," ~ '~,"i\"', ' - ",..'..'l'__,r''" ? f' 1'- .,"," " - '., _ 0, ~ f; ,; labyrinth by the "Epley canalith repositioning maneuver" but failed to do the same, despite several attempts, from the right labyrinth, According to Ms. Williams today, Dr. Vickery told her he had done all that was possible, that she should avoid movements and positions that exacerbate the vertigo, and that the problem will probably continue indefinitely, Ms, Williams told me today that after the accident the dizziness progressively increased over several weeks or longer, but then-because, she believes, she has avoided motions and positions that provoke the vertigo-the intensity of the vertigo greatly diminished, Avoiding vertigo (as well as her advancing age and sciatica, .she says) has caused her to limit her daily activity, She avoids extending her neck to look into high cabinets and lies "in a fetal position" on her left side at night trying not to move, Ms. Williams' many other symptoms are detailed in Dr. Packman's records. She has had intermittent pain in the low back since before 1998 and x-rays and MRI's of the cervical and lumbar spine have shown age-related degenerative arthritis. Recent epidural steroid injections have lessened the pain that radiates down the right leg, She has had nasal congestion and drainage, but a CT of the paranasal sinuses has been normal. She has had chest pain and exertional dyspnea, A cardiac consultant found mild mitral valve prolapse and left ventricular hypertrophy but no signs of ischemia, She has complained.of memory impairment but MRI's of the brain in 1994 and again in 2000 have been interpreted to be normal (according to a note by Dr. Vickery), No causes have been found for her chronic fatigue that does not seem related to her chronic iron-deficiency anemia, She has stress incontinence and a "fallen bladder," but a urologist has recently considered her "stable." She -Blso has "IBS" (irritable bowel syndrome) and arterial hypertension, oJ ~ ;1 d ;~ 'il ~ i;1 , "; ~~ ~'1 U 'c)' EXAMINATION t MS, Williams was well-dressed, forthcoming and polite. She moved slowly and often talked with her eyes closed (because the overhead lights were too bright) I did not think her cognitive ability was abnormal for her age but did not test it formally. The sole pertinent finding on examination was vertigo and oscillopsia (visual illusion of motion) when she lay supine. On rightward gaze she had counterclockwise rotary nystagmus for 5-10 seconds. After that, her vertigo, oscillopsia and nystagmus subsided completely, When she sat back up again, she again felt dizzy for a few seconds and had only a few beats of nystagmus, The remainder of the neurologic examination was unremarkable. I did not test hearing but both she and her daughter denied any difficulty, Gait and balance were normal. :A; ;'1 " )1 T ;j'^ f CONCLUSIONS . , :,: I agree with Dr. Vickery that Ms, Williams has true vertigo, That symptoms and the accompanying nystagmus Oerking of the eyes I observed) reliably and specifically indicate a disorder of function in the vestibular system, (The vestibular system senses acceleration and position relative to gravity by transmitting information from sense organs in the inner ear through the 8th [acoustic] nerves to the brain,) In this case the site of the lesion is almost certainly "peripheral" - in the delicate mechanical sense organs, the semicircular canals (labyrinth), in both inner ears, Any imbalance in input between the two sides will cause vertigo, Vertigo is usually temporary (lasting weeks or months) because the brain has a reparative mechanism in the cerebellum that is stimulated to action by the vertigo, r '1:, :: i , There are many causes of vertigo: trauma, stroke, tumors, infections, toxic drugs, and, probably most commonly, degenerative mechanical changes in the sense organs, usually 'i~ 1: ~~, ,".....,..~,,~, ,.. '","_" """~,,,,,,__,,,,,,~""'.,,, ',__. r,' , __.' I ,~ F , ~--, " , " ~ J j '1 ~ I~ ) " l~ s 'i Y 1;' :'1' 1 ;-, :', of') - "~:nlI ,~- m- related to aging. In some cases when the vertigo occurs mainly in one position ("benign paroxysmal positional vertigo" or "8PPV"), we hypothesize that some kind of debris (like a canalith, which means stone inside the canal, probably an "utricular otolith," the tiny stones that roll around on the hairlike receptors to sense gravity) breaks off inside the labyrinth and gets lodged in the posterior semicircular canal. The obstruction sends false signals to the brain that cause vertigo. The characteristics of Ms, Williams' symptoms and nystagmus are consistent with this hypothesis. In this case, as in many others, the postulated cause of the vertigo in any particular individual, a canalith in a semicircular canal, is conjectural, although not unreasonably so. There is no way to prove or disprove that conjecture in a living person, Directly relating the conjectured canalith to a specific cause or event, such as the particular trauma in question, is a further conjecture, impossible to prove or disprove. I don't believe either conjecture meets qualifies as a "reasonable degree of medical certainty." Idiopathic (unknown cause) vertigo (including "8PPV') is a very common symptom in the absence of trauma. I could argue that the process actually began before the accident when Ms, Williams first complained of dizziness in September 1999 or even earlier. To reliably link the vertigo to the accident, I would require it to be absent before the trauma and most intense immediately afterward. The 6-week delay before the vertigo became troublesome (suggested by Dr. Packman's records, not by Ms, Williams' account today) further weakens the argument that the accident caused the vertigo, Why would she not mention it to Dr. Packman a month after the accident if it was a significant symptom? Ms, Williams might have less distress from vertigo now if she had been advised early to provoke it rather than to avoid it Among the effective treatments for vertigo are exercises that repetitively provoke the vertigo and eventually-over days or weeks-cause its intensity to diminish as the cerebellum adapts, Authorities have written: "patients should be encouraged to get up and increase their activities, since there is evidence that failure to do so will limit their recovery," (Leigh & Zee, The Neurology of Eye Movements 2nd ed, p 419) That may have been the case here, I also would want to be certain that a recent MRI done with the lAC protocol (internal auditory canals) and contrast injection has excluded another possible cause of vertigo, an acoustic neuroma (tumor on the 8th nerve), Sincerely, , , ill - "\' l Carl Ellenberger, Jr, MD {l( '( " "--' Cc: Richard H, Wix J _'~' "', _, "'k""~ -, ,",",-- .,"" '__,1,,'_ - ,'r" -]"_,~,, "_"', ,y "",' ','1' - . <" ';",jt~'i'[':'r' .'~' .,~"-~" ,,' t' ~:': t: [': tl ~: n 1-: ~; l;'J i'~ lO' r: [1: ~. r ri' 1,-' ~,< CERTIFICATE OF SERVICE AND NOW, this 1ih day of June, 2003, I, Gaye Crist, an employee of the firm of Wix, Wenger & Weidner, attorneys for Defendant, hereby certify that 1 served the within Pre-Trial Memorandum of Defendant this date by depositing a copy of same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed as follows: t,~ r'~ ~--' It" Dale E. Anstine, Esquire Law Offices of Dale E. Anstine Two West Market Street P.O, Box 952 York,PA 17405 (': ,'" ,,: '(' WIX, WENGER & WEIDNER ',; f' A Vw+ Gaye ~ '-)iff- , --~', ;.-,>:'-''"'.,"7"':;"__".,..' ''''- , '. ",'~- ;4 ,,', <oF':' ~':r' ','" """,,'" I~"_ "'j<_''''_ ' .;~ "'~-, ' " "",," .' - ,,' " " ,,",_ '_ ,-~", -c,c'.. ' ':f,""",' -- I n ^;\ CAwoF'''CF.SOF ~Di',il.'l-J ,~. ","-N,';1'iJ:'ffNlliJ, ll'.1'. CwO ',","M'"'" ""'" "O'"o."c<00' gO' ,,,,,".j'''S''-"YLH~,^ '7."",' THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ARLENE B. WILLIAMS and ROBERT A WILLIAMS, SR. NO. 01-6194 v. CIVIL ACTION - LAW JASON E. MYERS JURY TRIAL DEMANDED PRAECIPE TO REMOVE To the Prothonotary: ( X ) Please mark the above captioned action SETTLED AND SATISFIED OR ( ) Please mark the above captioned judgment or lien settled and satisfied. 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