HomeMy WebLinkAbout99-00973
,
:
JILL SHUGHART and
MICHAEL SHUGHART,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-973
v.
CIVIL ACTION - LAW
VENITA K. WILSON,
Defendant
JURY TRIAL DEMANDED
PLAINTIFFS' REOUESTED POINTS FOR CHARGE
AND NOW, come the Plaintiffs, Jill Shughart and Michael
Shughart, by their attorney, Ron Turo, and request your Honorable
e the jury as follows:
Under the law and the evidence, your verdict must be in
the plaintiff.
the law and the evidence, you must award monetary
plaintiff.
3. Regardless of how large the amount of money your award
is, you are not to be concerned with how it will be paid. The
amount of damages you will award to the plaintiff shall be full
~ and reasonable compensation, and you should not consider in
, determining the amount of damages the physical or financial
condition of either the plaintiff nor the defendant or should you
consider the defendant's ability to pay such damages.
Kuchinic v. McCrory, 422 Pa. 620, 222 A.2d 897 (1986).
4. You must find an amount of money damages which you
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believe will fairly and adequately compensate the plaintiff for
all the physical and financial injury she has sustained as a
result of the accident. The amount which you award today must
compensate the plaintiff completely for damage sustained in the
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~a. SSJI (Civ) ~6.00.
past,L8R w",]] ~~ li~",~",~ Ll,e v}a~if'f' ,.';11 ~1il>ll~n in..tDt' .futlltre.
5. The damages recoverable by the plaintiff, Jill Shughart,
in this case, and the items that go to make them up, each of
which I will discuss separately, are as follows:
(a) Loss of earnings;
(b) Pain and suffering; and
(c) Loss of life's pleasures.
You will add these items of damage together and return your
verdict in a single, lump sum. Pa. SSJI (Civ) ~6.01.
6. The plaintiff is entitled to be compensated for the
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amount of earnings that she has lost up to the time of the trial
as a result of her injuries. This amount is the difference
between what she probably could have earned but for the harm and
any less sum which she actually earned in any employment. (It is
not essential to recovery that the plaintiff should have been
employed at the time of the accident, but her opportunities for
employment are relevant in determining the amount that she
probably could'have earned.) Pa. SSJI (Civ) ~6.01C.
7. The plaintiff is entitled to be fairly and adequately
compensated for such physical pain, mental anguish, discomfort,
inconvenience, and distress as you find she has endured, from the
time of the accident until today. Pa. SSJI (Civ) ~6.01E.
8. The plaintiff is entitled to be fairly and adequately
compensated for ~~Q~, pLesenc and !ut~~~ loss of her ability to
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JILL SHUGHART and MICHAEL
SHUGHART,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99- q '7.5 CIVIL TERM
VENITA K. WILSON,
Defendant
: CIVIL ACTION - LAW
PLAINTIFF'S PRE-TRIAL MEMO
1, Basic facts as to liability: Defendant rear ended Plaintiff, Jill Shughart's, vehicle and Defendant
will concede that the accident in this case was her fault.
2, Basic facts as to damages: When the Defendant rear ended Plaintiff's vehicle the Plaintiff
lurched forward and her drivers seat, in which she was sitting, broke, After she left the scene of the
accident, she went to a chiropractor, Dr, David Oils, and immediately began treating for neck pain,
headaches, and shoulder and back pain. She treated from the date of the accident on June 1, 1997 until
October 1997, Because Dr. Oils placed her work restrictions, she was unable to work during this period
of time. Because she had been hired to start a job as a waitress at Pizza Hut, and was unable to take the
job because of the accident, she claims $5,000,00 in loss wages as well as pain and suffering, Her
husband, Michael, was required to take over duties normally performed by his wife, Jill, as well as his loss
consortium.
3. Principle issues of liability and damages: The Defendant will concede liability, Plaintiff will
request pain and suffering, wage loss and other economic losses.
4. Summary of legal issues: Plaintiff is not aware of any significant legal issues,
5. Witness: The Plaintiff will call Dr, David Dils, and both Plaintiffs' will testify, Plaintiff
reserves the right to call any witnesses listed on Defendant's Pretrial Memo.
6. Exhibits: Photographs, medical records, and property damage estimates,
7. Settlement Negotiations: Defendant has offered $2,000,00 to settle this claim, Plaintiff's
had previously demanded $7,500,00 but was awarded $9,500,00 by the Board of Arbitrators,
( 7~C)
Respectfully Submitted
r;;ioee,c,%
Ron Turo, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff's
CI;RTIFICATE OF SERVICE
I hereby certify that I served a true and cormct copy of the Pre-Trial Memorandum upon David J.
Freed, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the
I 7 day of ()- ,r ,2000, from Carlisle, Pennsylvania, addressed as follows:
David J, Freed, Esquire
2411 North Front Street
Harrisburg, PA 17110
s.'
Ron Turo, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff's
D. Dr. David Oils, as on cross,
E. Defendant reserves the right to call any other witnesses listed on
Plaintiffs' Pre-trial Memorandum.
6. EXHIBITS
A. Photographs exchanged in discovery,
B. Medical records exchanged in discovery.
C. Property damage estimates exchanged in discovery.
7. STATUS OF SETTLEMENT NEGOTIATIONS
was $7,500.
Defendant has offered $2,000 to settle this claim. Plaintiffs last demand
Respectfully submitted,
NEALON & GOVER
By: ..'D ---\. IlL ~
David J. Freed, Esquire
Atty. LD. #76622
2411 North Front Street
Harrisburg, PA 17110
(717) 232-9900
CERTIFICATE OF SERVICE
AND NOW, thisJ'ftb day Of(!.o~
, 2000, I hereby
certify that I have served the foregoing Pre-trial Memorandum on the following by
depositing a true and correct copy of same in the United States mail, postage prepaid,
addressed to:
Ron Turo, Esquire
TURO LAW OFFICES
32 South Bedford Street
Carlisle, PA 17013
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David J. Freed, Esquire
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AlTORNEYS ATTAW
JOI M^RKI~T STIWE'~'. ~pll FLOOR
/',0. BOX 865
HARRISBURG. /'A 17108
17171232.9900
FAX, 17171 236.9119
JAMES G, NEALON. III
MA'rrHEW R, GOVER
URIAN W. PERRY
DAVID j, FREED
CHRISTO/'HER j, KNIGHT
October 7, 1999
Dr, David T. Oils, D.C,
1403 Trindle Road
Carlisle, PA 17013
In Re: Jill C. Shughart
Social Security #: 318-74-7626
Dear Records Custodian:
You are being served with a Notice and Subpoena for you to bring the records referred
to in the Subpoena for examination by the undersigned at the time and place indicated.
In serving upon you the Notice and Subpoena, I am proceeding under applicable
Pennsylvania Rules of Civil Procedure. A copy of the Subpoena and a Notice of Intent
to Service the Subpoena was served upon the attorney for the Plaintiff more than 20
days ago. No objections to the Subpoena have been filed.
If you would prefer, you may in advance of the deposition date send us photocopies of
the records. With such photocopies, please include your statement for the cost of
preparing the same, which we will promptly pay, In addition, you must complete the
enclosed Certificate of Compliance. Upon receipt of such photocopies and the
completed Certificate of Compliance by this office, your appearance will be canceled
and the Subpoena withdrawn. .
Your cooperation in this matter is appreciated. Should there be any questions, please
telephone the undersigned at the above number.
Sincerely,
~~~cA-. f)~
Barbara Baker, Paralegal
NEALON & GOVER
BJB/bjb
Enclosures
JILL SHUGHART and MICHAEL
SHUGHART,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
Plaintiff
v.
NO. 99.973
VENITA K. WILSON,
Defendant
CIVIL ACTION. LAW
JURY TRIAL DEMANDED
NOTICE OF INTENT TO SERVE A SUBPOENA
TO PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
Defendant, Venita K, Wilson, intends to serve Subpoenas identical to the
ones that are attached to this Notice, You have twenty (20) days from the date listed
below in which to file of record and serve upon the undersigned an objection to the
Subpoenas. If no objection is made the Subpoenas may be served,
Date: 9/15/99
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Jarri~s G. Nealon, Esquire \
Attorney for the Defendant
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JILL SHUGHART and MICHAEL
SHUGHART,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 99- 9 73
CIVIL TERM
v.
VENITA K. WILSON,
Defendant
: CIVIL ACTION - LAW
COMPLAINT
1. Jill and Michael Shughart are adult individuals currently residing at 1191
McClure's Gap Road, Carlisle, Cumberland County, Pennsylvania
2. Venita K. Wilson is an adult individual currently residing at 115 East
Simpson Street, Mechanicsburg, Pennsylvania.
3. On or about June 10, 1997, Plaintiff Jill Shughart was an operator of a
vehicle traveling East on Route 641 near Mechanicsburg, Cumberland County,
Pennsylvania.
4. At the said time and place, the Plaintiff was in a line of traffic, which
ultimately came to a stop in a lawful and safe manner.
5. On the said date and time, the Defendant, Venita K. Wilson, was the
operator of a certain motor vehicle, which was being driven two cars behind the
Plaintiff's car on Route 641.
6, It was the duty of the Defendant, Venita K. Wilson, to operate her said
motor vehicle with due care and caution in accordance with the applicable statutes and
ordinances in effect at the said time and place.
7. At the said time and place the Defendant, Venita K. Wilson, did, in a
careless manner, and in reckless disregard for the safety of others, did fail to bring her
vehicle to a stop and struck the vehicle immediately behind the Plaintiff causing said
vehicle to impact Plaintiff's vehicle from the rear.
8. As a direct and proximate result of the careless and negligent acts or
emissions of the Defendant, Venita K. Wilson, the automobile which the said Defendant
struck and which was operated by a Toni Creason which forced this vehicle to violently
collide with the vehicle driven by Plaintiff, Jill Shughart.
9. As a direct and proximate result of this accident, the Plaintiff, Jill Shughart,
suffered injuries of a personal and pecuniary nature, including but not limited to lost
wages, medical expenses, damage to property, pain and suffering, and physical and
emotional trauma, all of which are permanent.
10. As a direct and proximate result of the aforesaid accident, the Plaintiff,
Michael Shughart, suffered a loss of consortium based on the injuries to his wife and
spouse as outlined above.
WHEREFORE, the Plaintiffs, Jill and Michael Shughart, demand judgment in
their favor against the Defendant, Venita K. Wilson, in a sum not to exceed $25,000.00,
which sum requires compulsory arbitration.
J /1 '6 /91'
Date
Respectfully Submitted
TURO LAW OFFICES
ttPC-j/
Ron Turo, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiffs
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