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Home My WebLink About99-06490?.?± ?°:.: :;,`sj i. ?} -_ ?i`.?r ?^ w °, .. f-Y' ?.?D. °.ta ??,'.Ci? C>? ..?" ?T. ,e'i ?4 j ??? _ ??, +?1+ ?tl? {. Y`y}, viP ..]? _ .. ?? J _. ? ?J3i k.' is ' '?? ti ?? c `:? i r;`; ?? ;_ 0.: ';;< '`f A Ric.lon At Dm N%t L111GA11QN LA%v FIIt Al MAESHAIJL, DENIV MY9 WARNER, COI.EMM 8 ri ]N tkqk? Im A P T o P T I T 1 o M A L C O O P O N A T I O N www.manhd1&-nneheyeom 4"W"I lq? 11aN v 4200 Crams MITI Road, Suite B • Harrisburg, PA 17112 M (717) 651-3500 • Fax (717) 651-9630 Direct Dial: 717-651-3501 Email: mowens@mdweg.com March 5, 2002 The Honorable Edgar B. Bayley Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: John C. Baucr and Lori A. Baucr v. Lowc's Companies, Inc. Cumberland County CCP, No. 99-6490 Our File No. 12240.00102 Dear Judge Bayley: Nn,mn C.m wo 4 WrIVA Omni WWvlrau we*" 0.0 TOM" Please be advised that the above-captioned matter has been settled. 1 appreciate the Court's indulgence and assistance throughout the course of this matter. Ted Knauss, Esquire, counsel for the Plaintiff, l assume will notify the Prothonotary so the case can be removed from the trial list. Thank you again for your cooperation especially with respect to the pre-trial conference. Rcspectfitlly, MATH ROX MLO/acs #13 JOHN C. BAUER and IN THE COURT OF COMMON PLEAS OF LORI A. BAUER, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW LOWE-S COMPANIES, INC., Defendant NO. 99-6490 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 20th day of February, 2002, before Edgar B. Bayley, Judge, present for the plaintiffs was Edward E. Knauss, IV, Esquire, and for the Defendant, Matthew L. Owens, Esquire. This case was previously pretried by Judge Hoffer, and the facts set forth in that memorandum are incorporated herein. At this pretrial conference, defendant guaranteed that he will call Todd Samuels, M.D., as a witness, so that he will be subject to cross examination by plaintiff, or if Dr. Samuels insists on a trial deposition, that the trial deposition will be completed before the commencement of this trial. Estimated time of trial, two and a half to three days. Edward E. Knauss, IV, Esquire For Plaintiffs Matthew L. Owens, Esquire For Defendant prs E RI . f N t? ry aU 4 V ..... ..... ? ....... yam..... JOHN C. BAUER and LORI A. BAUER, his wife,: Plaintiffs V. LOWE'S COMPANIES, INC., Defendant #15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. CIVIL ACTION - LAW 99-6990 CIVIL TERM At a pretrial conference held Wednesday, January 9, 2002, before the Honorable George E. Hoffer, President Judge, in this negligence case, Edward E. Knauss, IV, Esquire, represents the plaintiffs, and Matthew L. Owens, Esquire, is representing the defendant. John C. Bauer, plaintiff, was a customer in Lowe's store minding his business and doing his shopping; in the course of pulling an item from the stacks for purchase, he claims that defendant's forklift operator caused a different object to fall from the shelves, striking the plaintiff and damaging his nerves. Defendant contests any liability for this incident, claiming that the forklift operator was not near plaintiff at any time. The Court requests plaintiff to furnish a liability charge for this situation within five days of today's date; defense counsel shall have five days to furnish their own charge on liability after receipt of plaintiffs'. Plaintiffs' doctor, Dr. Mei, will be deposed for trial January 18, 2002, all other plaintiffs' witnesses will be presented live in the courtroom. Defendant will be retaining a vocational expert, and that report shall be furnished to plaintiffs' counsel by January 23, 2002. The Court estimates this case can be tried in two to two and a half days. Plaintiffs' pretrial memorandum includes calling as a witness Todd Samuels, M.D. This was a medical examiner retained by defense counsel to examine plaintiff. During the course of examination and subsequent report, Samuels' testimony has some elements of favoring the plaintiffs' side of the case; therefore, defendant will not be taking the testimony by video deposition of Dr. Samuels, but will call him in live at the trial and will make him available for cross-examination by plaintiffs' counsel at the trial. In the event that Dr. Samuels resists coming to court, plaintiffs' desire is to present his report as an exhibit and have it read in its entirety to the jury; defense counsel is not ready to commit on the acceptability of this procedure. Defense counsel shall advise plaintiffs' counsel within three days of his decision in this matter. Mr. Owens assures the Court and plaintiffs' counsel that it is his intention to call Dr. Samuels live into court. By the Court, 0 of e , P.J. Edward E. Knauss, IV, Esquire For the Plaintiffs Matthew L. Owens, Esquire For the Defendant pcb tr; C r ? i.7 "? (;i, . ? ,: ?A ;? :.?a !.J C:1 T. ,.z u ,.,, }C r • ) Feb-10-2002 03:60 From-MRSNALL DENNEHEY 10SfN1.1AalMUN.t. %634MCSN234M102 JOHN C. BAUER and LORI A. BAUER, his wife, Plaintiffs V. LOWE'S COMPANIES, INC., Defendant +7172321646 T-626 P.002/006 F-006 COURT OF COMMON PLEAS OF CUMBERLAND CUUr=, PA NO. 99-6490 CIVIL CIVIL ACTION -LAW JURY TRIAL DEMANDED HASIC FACTS AS TO LIAM= I. On June 13, 1999 Plaintiff John Bauer was a customer shopping in The Lowa*S House Centers store in Mechanicsburg, Pennsylvania. Mr. Bauer and his friend, Jan Chomieki, were in the process of purchasing bags of concrete for a construction project they were working on together. Mr. Bauer entered the area of the store where the concrete mix was stored in bags and was actually loading bags of cuucrete in a bent over position into a flat Lowe's cart. Fnr some unknown reason, perhaps as a result of being bumped or struck by Mr. Bauer as he was loading concrete, a concrete hoe, also known as a skrete, became dislodged from its display hook directly above Mr. Bauer and in very close proximity to him as he was loading the bags of concrete. The tool allegedly struck Mr. Bauer nn the back of the head and/or the back of the neck causing injury. There is no direct evidence of any liability on behalf of Luwo's Home Centers, Inc. Although the Plaintiff alleges that a forklift was working nearby, the Lowe's employees dispute tho proximity of the forklift which was working at the far end of a separate aisle. Plaintiffs' Fib-11-2002 03:60 From-MRSHALL DENNEHEY +1112321646 T-626 P.003/006 F-016 theory as set tbrth in their Complaint and as established through discovery seems to be that either the forklift caused the tool to become dislodged or the tool was displayed on an ineffective and/or dangerous hook causing it to become dislodged and fall on the Plaintiff. To the contrary, Defendants believe that Mr. Bauer, himself. may have dislodged the tool causing it to strike his body. II. EASTC FACTS AS TO T)AT A? GT?S The Plaintit£claime various injuries as well as permanent disability. Plaintiffs' economist has completed a report setting future lost wages at approximately $400,000.00. Plaintiffs medical expenses total approximately $8,000.00 and he also claims a past loss of income claim of approximately $30,000.00. There is no direct evidence of a substantial injury in this case. To the contrary, the evidence suggests somewhat of a soft tissue injury sustained by Mr. Bauer. Mort. impnrtantly. the primary claim in this case seems to be the loss of incuutc 0aLn. Thn PlaintifI'cau and should work as he has done so since the accident but before the time established for the pre-trial conference. In fact, the Plaintiff worked as a foreman earring the same wages he earned prior to the accident. Defendants will retain and produce a vocational and/or economist expert report prior to trial. Defendants do not believe there k any fntnre Ines of inrnme claim at the present time. Dr. Samuels was retained by Defendants to perform an independent medical examination. Dr. Samuels found that the Plaintiff did sustain injuy and is permanently disabled. Defendants will call Dr. Samuels as a witness in this case. Plaintiffs have noticed Dr. Samuels' deposition, however, Defendants will be filing a Motion for Protective Order as this would be improper and is not permitted under tho Pennsylvania Rules of Civil Procedure. Feb-10-2002 03:50 FrortMSHAII DERMEIEY +7172321840 T-020 P.004/000 F-000 111. 9TATEMENT OF P IN TPAT iSST TES OF T_,TABTLITy AhM )AMA : S 1. Was Defendant ncgligcut mid was Defendant's nogligence a substantial factor in causing injuries and damages to the Plaintiff? 2. What are Plaintiffs' damages? 3. Did Plaintiff suffer from a pre-existing condition which was symptomatic or caused injury type problems nr issues for the Plaintiff prior to the accident? IV. SUMMARY OF Y.FOAL T__ SSUE This appears to be it straightforward case of negligence. The only evidence offered by either parry is eircumsumtial as there are = witnesses who saw the skrete fall and strike the Plaintiff. The same would be true with respect to damages. V: Tplgj. 'rTy OF MTA'nSSFS TO BF CALLED 1. John Bauer as on cross-examination 2. Lori Bauer as on cross-examination 3. Jan Chnmicki 4. letureth Whlto S. Daniel Varner 6. Steven Showers 7. Dennis Swope R. Stephen Meredith 9. Todd Samuels, M.D. 10. Corporate representative for Lowe's Feb-10-2002 01:50 From-MISNAII DEBMEIEY +7172121140 T-025 P.001/000 F-Oil Defendant reserves the right to amend this witness list prior to trial and upon rcuauuable notice to Plaintiffs' counsel. Vi, UST OF EXHIBITS 1. Medical records of the Plaintiff 2. Seven photographs showing scene of accident and forklift 3. Exemplars skrete 4. Exomplar j-hook Defendant reserves the right to amend this exhibit list prior to lriul wid upon reasonable notice to Plaintiffs' counsel. V11. CURREW C ATIFti OF CF"T`I L MIM *OTTATTO S Plaintiffs' demand is currently $350,000.00. Defendant has offered $45,000.00. A mediation was conducted January 3, 2002, and it appears that the current demand fer the Plaintiffs is 5180.000.00. Defendants anticipate having authority for the pre-trial conference in rxcess of $45,000.00. Respectfully submitted, MARSHAThT)ENNEHEY, WARNER. COLEMAX 4 t.r000IN BY: I.D. N0.76080 4200 Cruws Mill Road, Suitc D Harrisburg, PA 17112 (717) 651-3501 DATE: '' 1'oz- Attorneys for Defendant Fsb-10-2002 0341 From-PARSHALL DENNEHEY +1172321840 T-828 P.008/008 F-000 JOHN C. BAUER and LORI A. BAUM his wife, Plaintiffs V. LOWE'S COMPANIES, INC., Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO, 99-6490 CIVIL CIVIL AC:170N - LAW JURY TRIAL DEMANDED CERTIFICATE OF SEBV I_C_'M- 1, Angela Sanger, an employee of Mwshall, Dcnnohey, Wamer, Coleman & (ngth do hereby certify that on this 14 day of January 2002, 1 sewed a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Edward B. Knauss, IV, Esquire METZGER WICKERSHAM 3211 North Front Street P.O. Box 5300 Iiarrisbur& PA 17110-0300 Angela Sanger - •Tx Result Reports No.I F PRINT. DATE - FE8..19. 2002 PRINT TIME -16:54 TX RESULT REPORT FUNCTION No. DESTINATION STATION DATE TIME PAGE COMM.TIME MODE RESULT T% 11 92155871444 FEB. 19 1 16:541 OH00' 00' NO 1100 1 REDIAL ALL FAILED JOHN C. BAUER and LORI A. BAUER, his wife, v. Plaintiffs, COURTOF COMMON PLEAS OP CUMBERLAND COUNTY. PA NO. 99-6490 CIVIL CIVIL ACTION - LAW LOWE'S COMPANIES, INC. Defendant. JURY TRIAL DEMANDED. PRETRIAL MEMORANDUM ON BEHALF OF PLAINTIFFS 1. BASIC FACTS AS TO LIABILITY On June 13. 1999 Plaintiff John Bauer was injured while shopping at the Lowe's Home Center Store in Mechanicsburg, Pennsylvania. Mr. Bauer and a friend, Jan Chomicki, had arrived at the store that morning to buy some bags of concrete for a construction project they were working on. Mr. Bauer was standing in the aisle of the store and was reaching into the bottom bay to grab a bag of concrete. Mr. Chomicki was standing behind him. As Mr. Bauer was bending over to reach for the bag, a forklift truck operated by an employee of Lowe's pulled up right beside Mr. Bauer to his right and began stacking pallets of concrete bags on the third bay from the bottom. The forklift truck was so close to Mr. Bauer that he could feel the heat from the engine of the forklift several feet away from him. As Mr. Bauer was slightly bent over, the forklift truck suddenly knocked off a tool from a rack which was located above Mr. Bauer's head. The tool consisted of a steel head and a wooden handle and was used to scrape and smooth out concrete. Plaintiffs submit that the Lowe's forklift operator was clearly negligent in Da men! M: 2.13961 4 carelessly operating the forklill so as to knock a tool from its rack. The operator violated the written policies and procedures of the store which stated that a fi rklifl operator should not attempt to load merchandise in an aisle where a customer was located, and that the aisle should be blocked off with a tape so that no customer could enter the aisle. photographs were taken immediately after the accident which show the bent rack on which the tool was located. The rack was bent when the forklift truck struck the rack and knocked the tool from the rack onto the back of the Plaintiffs head. If. BASIC PACTS AS TO DAMAGES When the tool fell from the rack, it struck Mr. Bauer on the back of the neck. lie was knocked to the ground and was dazed and semi-conscious for a few seconds. When he got up, he felt nauseous and lightheaded. Mr. Chomicki drove him to the hospital emergency room. Since the time of the accident over two years ago, Mr. Bauer has had constant pain in his head, neck and right arm. lie also gets a sensation of numbness and weakness in his right arm and fingers. His neck will lock in position, and pain shoots down his right arm, especially when he is attempting to do any lifting. Mr. Bauer fins gone through numerous treatment modalities including medications, injections, and physical therapy, which lie had three times a week for about four months. Nothing has provided any cure. He has also suffered from blurred vision and dizziness, as well as headaches. Attached as Exhibit A is a report of his current treating physician along with an EMG study. A diagnosis has been made of a double crush injury, which means that the nerve or nerves in question have been damaged and compressed at two or more different areas, causing a cumulative interruption in the functioning of the nerve, so that the symptoms and effects are greater than if only a single compressed area existed. As the report of Do mcm w; 218799 1 2 Dr. Mci indicates, Mr. Bauer's condition and disability are permanent. lie is permanently disabled from doing anything but light-duty work and lilting any more than 20 pounds. Prior to the accident Mr. Bauer worked in construction his entire life, which is ajob that is now out of the question for him. He has suffered, and will in the future suffer, a large loss of income and impairment of his earning capacity. In March of this year, the Defendant had an Independent Medical Examination done by Dr. Todd Samuels, a neurologist. Dr. Samuels' report is attached hereto as Exhibit B. Dr. Samuels agreed that Mr. Bauer's current symptoms were caused by this injury, that lie has reached maximum medical improvement, that his symptoms arc permanent, that he cannot lift more than 20 pounds, and that he is unable to return to his pre-injury job as a construction worker. Attached as Exhibit C is a Vocational Evaluation indicating on page 3 that the estimated future loss of earning potential is $429,000.00. At the time of the accident Mr. Bauer worked as an independent contractor performing remodeling, maintenance and general construction work for Perctsohn Properties. During the first six months of 1999, Mr. Bauer had earned $25,312.00 working for Perctsohn Properties. See the letter from Peretsohn Properties attached as Exhibit D. He was unable to work the rest of 1999 except for a little light-duty work for Peretsohn Properties which allowed him to cam an additional $500.00. Mr. Bauer's income tax return for 1999 shows a net profit of $14,000.00 from his work up to the time of the accident. His estimated lost net income for the rest of 1999 would therefore be approximately an equivalent amount, although some of the deductions shown on his income tax return, such as Union dues, would not have been taken again in the last half of 1999, thus making his net income even lAKumenl M; 218799,1 3 higher. Mr. Bauer worked all year round, and there were no slow times in his work for Pcretsohn Properties, where he had been working for a couple of years before the accident. Mr. Bauer was also a member of the Carpenters Local 287. I le was a trained millwright and did both carpentry work and millwright work, which involved the installation of heavy equipment. After the accident Mr. Bauer did return to various light-duty jobs. In April of 2000, he even tried to work again through the Union. Fie tried that work for several months but found that he was simply unable to do it because of his injury. In the year 2000, Mr. Bauer earned a total of approximately $16,000.00 in this union work and in some light-duty work for Peretsohn Properties and as a housing inspector for Upper Allen Township. In the summer of 2001, Mr. Bauer took a job with Transcorp Trucking Company as a depot supervisor, which was another light-duty job. Ile earned around $12.00 per hour in that job, which he had for about two months. This is of course much less than the estimated $20.50 per hour he was able to cam before the accident. Mr. Bauer's latest work was as a construction foreman through the Carpenter's Local. He was fortunate enough to have been given work for five weeks on a job which has now ended. This foreman's work, though it pays well, will in the future be sporadic at best, with no guarantee that any such work will be available again. At the present time Mr. Bauer is unemployed. The total medical bills to date are approximately $7,790.00. See Exhibit E. Mr. Bauer's injuries have affected not only his ability to work, but have also affected all aspects of his life. His inability to work has caused financial hardship and distress for his wife and family. Mr. Bauer is married and has three children. lie has trouble sleeping at night and Avitmem w; ;187991 4 can no longer do many of the things he used to do around the house and in his social and personal life. Ill. STATEMENT OF PRINCIPAL. ISSUES 01: LIABILITY AND DAMAGES I. Whether Defendant was negligent and whether such negligence was a substantial factor in causing injuries and damages to the Plainti IT. 2. Amount of damages sustained by Plaintiffs. IV. SUMMARY OF LEGAI. ISSUES 1. An issue has arisen as to whether Plaintiff's may take the deposition of Dr. Todd Samuels who performed an Independent Medical Examination for the Defendant, in order to elicit testimony from him regarding his findings, as set forth in his repot which is attached to this Memorandum as Exhibit 13. Counsel for Defendant has indicated that he objects to the taking of such deposition since Dr. Samuels is Defendant's expert witness. Defendant obviously does not intend to call Dr. Samuels at trial, since his report and opinions are adverse to the Defendant. Plaintiffs believe that they have a right to take the deposition of Dr. Samuels and have him identify and testify to his findings and conclusions. Plaintiffs request the Court to issue a ruling on this matter at the Pretrial Conference. Though Plaintiffs have not yet done extensive research on the issue, some cases which may apply arc Thomas v. Germantown Hospital & Medical Centcr, 16 Pa. D.&C. 4'h 247 (1992); Pitznatrick v. Holiday Inn, Inc., 507 f.Supp. 979 (E.D.Pa. 1981); Coedell v. Brown, 531 A.2d 1379 (1987); and Graham v. Giclchinskv, 574 A.2d 496 (N.1. 1990). /Nx 'Menl 0 :187991 5 V. IDENTITY OF WITNESSES TO BE CALLED 1. John Bauer 2. Lori Bauer 3. Jan Chomicki 4. Kenneth White 5. Daniel Varner 6. Steven Showers 7. Dennis Swope 8. Stephen Meredith 9. Haiping Mci, M.D. 10. Todd Samuels, M.D. 11. Richard L. Sieber, Vocational Expert 12. Stanley S. Conner 13. Ruth Bauer- Damages 14. Charles Bauer - Damages 15. Craig Sears - Damages 16. Guy McDermott - Damages 17. Steve Brannen 18. Possibly a representative of Plaintiff Bauer's Local Union Dommmi M: 218799.1 6 Y1 rl% , VI. LIST OF EXHIBITS Medical Expense Summary 2. Past and Future Wage Loss Summary 3. Medical Records of Plaintiff 4. Seven (7) Photographs Showing Scene of Accident and Forklift 5. Lowe's Forklift Safety Video 6. Lowe's Merchandise Maintenance Policy & Procedure 7. Lowe's Materials I landling Equipment Safety Trainer's Manual 8. Lowe's Top Stock Safety Policy and Procedure VII. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS Plaintiffs have submitted a settlement demand of $350,000.00. Defendant has offered $20,000.00. Respectfully submitted, METZGER, WICKERSFIAM, KNAUSS & ERB, P.C. Edward E. Knauss, IV Attorney I.D. No. 19199 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 n Attorneys for Plaintiffs Dated: Z- Document 0: 2187W1 7 ?i .'i ii Exhibit A I s PENN REHABILITATION ASSOCIATES, P.C. ED S. VIOLAGO, M.D., FAAPMR HAIPING MEL M.D.. Ph.D Physical Medicine - Rehabilitation • Electrodiagnosis - Pain Management - IME • IRE June 1, 2001 Edward E. Knauss, IV, Esquire Metzer Wickersham 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 RE: John C. Bauer SS: 196-56-3362 Dear Attorney Knauss, This is in response to your letter dated May 24, 2001, regarding Mr. John Bauer. Mr. Bauer is a 39-year-old gentleman who was referred by Dr. Heck to my office for treatment of his headache, neck pain and right upper extremity pain after an accident. According to the patient, he was hit by a metal piece on July 13, 1999. He was hit on the back of his head and was knocked unconscious for several seconds. Since then, he has been having constant headaches and neck pain. He had an initial CAT scan of the head which was unremarkable. Most recent MRI was done on March 12, 2001 of his cervical spine which reveals minimal disc DJD at C5-6 but there is a foraminal stenosis at C5-6, C6-7 bilaterally to a moderate degree. Before he was evaluated in my office, he was seeing Dr. Heck, Dr. Wagner, his family physician, and also Dr. Gilmore for his blurred vision. Nerve conduction/EMG study on this patient reveals double-crush syndrome consisting of mild right C5-6 radiculopathy and a mild right Carpal Tunnel Syndrome. He was given Celebrex and Elavil. A home cervical traction unit was given to the patient on May 21, 2001, because of increasing pain in the neck with radiation to the right upper extremity. He was also given a short course of Prednisone treatment. According to the patient, he was off of work for one year and then he Was employed at the York Housing Authority as a Housing Supervisor. The patient received 60 sessions of outpatient physical therapy. MAIN TEL: 717-541-0700 a FAX: 717.541-5100 htelnomce Dulsbugomee Harrisburg Write Ileraheyonlce Carlisle office Ilaura:onlce DillsburQ Shopping Cot. 21 SI L1nglesto" Rd' 32Northust Drive IDun%vWy Drive 36 S. River Rod Pinnacle Physical Therapy Suite 240 Su1te202 Carlisle, PA 17013 &R1147 160 N. US IS Hartisbura.PA17011 Hershey, PA 17033 tWifu,PA17032 DiUsbura,PA17019 John Bauer Page 2 06/01/01 Based on my opinion, this patient has reached maximum medical improvement. I believe his symptoms are permanent. Iris disability is permanent. If he continues to have these symptoms, we will try to add Neurontin to his current medications. If that fails, he will proceed with an epidural steroid injection. The cost of the treatment is not able to be assessed at this point. My diagnosis of the condition is cervical stenosis with right C5.6 cervical radiculopathy. I recommend this patient to be on light-duty work, which is no lifting more than 20 pounds. He is allowed walking or standing to a significant degree. If you have any further questions, please feel free to contact this office. Sin?I Hai M.D., Ph.D. HM:tls 04/23/2001 13:31 111041=00 rune rtcnno rinse u< PENN REHABILITATION ASSOCIATES, P.C. ED S. VIOLAGO, M.D., FAAPMR IIAIPING MEL M.D., Ph D Physical Medicine • Rehabilitation • Electrodiagnosis -Pain Management- I ME -IRE ELECTRONEUROPHYSIOLOGIC DiEDICAL CONSULTATION N ariie (Ii;-T i28t JOHN BAUEP , _ , 196-56.3362 PpiTE ! 04-20.01 - QB' 06-20.61 SEX ' '?? MALE ;• D :Te7cplibiq>? {Ei? 432-2947 :OFJt]Clii i' ', HARRISBURG ' :c' „. jidrtiesf 119 WALMAN MANOR DILLSBURG, PA 17019 teti 4 -: ALBERT HECK DR . HRTF.F HISTORY: This is a 39 year old white male who was apparently injured while shopping at Lowe's, when he was hit by a piece of metal on the back of his neck and he was knocked down and was unconscious for seven seconds, who complains of posterior neck pain to the right upper extremity with numbness of the right upper extremity. The MRI showed forluninal stenosis at CS-6 and C6-7 of a moderate degree. No herniated disc was found. 1. Mild abnormality of the nerve conduction study with relative prolongation of the right Median sensory peak latency in comparison to the Ulnar nerve. The motor latency and the motor conduction velocity of the Median nerve were normal. 2. Right Ulnar motor and sensory nerve conduction studies were normal. 3. Needle EMG examination revealed incre4sed insertional activity and unsustained positive sharp waves at the Biceps and Deltoid. The rest of the EMG was unremarkable with normal findings, There was silence at rest with normal motor units during maximum effort. Electtoneurophysiologic studies of the right upper extremity revealed mild evidence of Double Crush Syndrome consisting of mild right C5-C6 radiculopethy and a mild right Carpal Tunnel Syndrome, involving the sensory fiber. The patient will be seen in the office for follow up by Dr. Mei on May 1, 2001. Thank you for the referral of this patient. If you have any further questions, please feel free to call me at th office. qw? Ed S. Violago, D. :s MAIN TEL: 717.511.0700 a FAX: 717.541-5100 Mdn Orflu D Ilisbu ra (Mee Horrlsburgorfee Hershey orrice CarlisleOnlee He18ras061co D'llsbugshuppinsCtr. 2151 Lirglcrwn Rd' 32 Northam Drive I Dui%.Dody Drive 365. Rivet Road ?mnscle physical Therapy Svae240 Suite 202 C4rla0e,PAON3 &RL147 6(4 N. us is Hennburg. PA 17011 Hcnhry,PA 17033 H.ld a,PA 17032 0,11*,,PA 17019 ?I'r/ly?Tl+A4:bb . ?in.?.ti?? .?? -.?...... ..s.: b.?.!w ?..... . .. _..i.... . ... _ , ..„?. ..i .... Exhibit 8 APNU-10 l 10401i PfbG-NAKMAII UCAhthtt ?f IZU1149 T-35i P.MIM F-513 ,CP eurolog? -4 2001 Cenrcio 'PC. 17 Poplar church Road Maria Michalek; M.D. amp Hill, PA 17011 Todd L Samuels, M.D. 171975.8585 Ravl Dukklpatl, M.D. ax: 17171975.0670 March 23, 2001 David M. Green, Esq. Marshall, Dennehey, Warner, Coleman & Goggin 100 Pine Street, Fourth Floor P.O. Box 803 Harrisburg, PA 17108-0803 RE: John C. Bauer Dear Mr. Green: 1 had the opportunity to see Mr. John Bauer for an Independent Medical Evaluation today. Copies of his medical records were available for my review. The patient is a 39 year old right handed white male who was injured at work on July 13, •1999. • He was struck on the back of the head by a hanging metal tool which was knocked off a rack. His body was bent forward at the time. He was struck on the back of the head and ngck. He was unconscious for several -seconds. He was dazed when he regained consciousness. He had blurred vision, nausea, headache and dizziness immediately. He was evaluated and released from the Seidel Hospital Emergency Room. He had a bruise on the back of his head but no laceration. Currently he complains of headache and neck pain. He states that his neck "locks up" when lifting. The pain occasionally radiates down his neck to his mid back and also to his right arm or right hand. The neck pain is constant. It is worse with cold air. He has no subjective weakness. 1101145 increased neck pain with anee zing. There is no bowel, bladder or sexual dy0unetion. He complains of headaches approximately three times a week. The headaches are rated on a scale of 4/10 in severity. Advil helps. There were no associated visual, motor or sensory symptoms with the headaches. He has no functional limitations from the headache or neck pain, but he does have increased pain with activity. He has increased neck pain when driving. He works as a housing inspector. At the time of the injury he was working as a millwright and doing heavy construction. He attempted to return to work one year after the accident but stopped working due to increased pain. He denies a pre-existent history of headache or neck pain. Review of systems is significant for blurred vision which has been worse since the accident. -He has liypettedsiotl. He takes Cardizem CD. He does not-smoke or drink, APF-ICS-40 IUMU hf04-VAV MAIL MftMhT ... Page two RE: John C. Bauer +TIrZ3ZI111 T-35r 'P.003/003 F-513 On examination the patient is alert and attentive with normal mental status. Speech is fluent and articulate. Pupils are 4 mm and react to 2 mm to light bilaterally. Optic discs are sharp and flat bilaterally. Visual fields are full to confrontation. Extraocular movements are intact and there is no nystagmus. There is no facial weakness. The palate elevates symmetrically and the tongue protrudes in the midline. He has decreased range of motion of his neck in all directions. There is no paracervical muscle tenderness or spasm. There is no atrophy. There.are no fasciculations. He has full strength. There is no sensory deficit. Deep tendon reflexes are 2+ throughout and symmetric. Plantar reflexes are flexor bilaterally. Gait and coordination are normal. Tandem gait is normal. Romberg test is negative. A cervical MRI from March 12, 2001, reveals disc degenerative changes at CS-6 and C6-7. There is foraminal stenosis but no central canal stenosis. Mr. Bauer has persistent neck pain and headaches. His current symptoms were caused by his work injury on 7.13-99. He does have pre-existent cervical degenerative disease but his symptoms were exacerbated by his injury. He should not lift more than 20 pounds. He has reached maximum medical improvement. His symptoms are permanent. He is unable to return to his pre-injury position. Please let me know if I can provide Father information. Sincerely, -I 1 04-W (?? , Todd L. Samuels, M.D. TLS:mk CONFIDENTIAL SLEBER ASSOCIATES, P. C. LICENSED PSYCHOLOGISTS 2626 NORTH THIRD STREET. SUITE 30 HARRISBURG. PENNSYLVANIA 17110 TELEPHONE (717) 23BOBBS FAX 0717) 23"633 RICHARD L SLEBER, M. A. ALICELYN WATSON SLEBER, M.P.S.S.C. JAMES L KNESTRICK PH. D., CONSULTING PSYCHOLOGIST RICHARD L KOHR, PH.D. W. ROBERT DAVIDSON. MA. THOMAS L HANSHAW, M. ED. RICHARD GIACOMELLI. M. A. SUZANNE CSOP. M. A. LAWRENCE M. SATIFKA, M. A. MARK A. ZENGERLE, M. S. BRUCE KELLY, M. A. KATHERINE L BAILEY. M. ED. TERESE A. VORSHECK M. A. EUGENE H. STECHER, M. A. IVAN S. ZOOK. M.S. June 28, 2001 VOCATIONAL EVALUATION Name: John Bauer Reason for Referral John Bauer was referred for a vocational evaluation by his attorney, Edward E. Knaus IV, of the law fine of Metzger and Wickersham. The purpose of the evaluation was to assess the vocational, economic and psychological impact of a July 13, 1999 accident. The evaluation consisted of a clinical interview and a review of medical reports and wage information. All opinions rendered are done so within a reasonable degree of medical certainty. Backeround Information John C. Bauer was seen for a vocational evaluation on May 25, 2001. Mr. Bauer drove himself to the evaluation and was unaccompanied. He cooperated with the evaluative process in that he responded to direct questioning and volunteered information. A self-reported history indicates that Mr. Bauer is 40 years old and resides at 119 Walmar Manor, Dillsburg, Pennsylvania. He is married and has three children living at home. He completed 12 years of schooling at Cumberland Valley High School although did not graduate, as he did not earn sufficient credits. He obtained a GED in 1979. He attended JATC in Lebanon, Pennsylvania from 1988 to 1992 where he received training to be a millwright and carpenter. He was not in the military. Mr. Bauer's pre-accident work history included working out of Carpenters Local No. 287 as a millwright. He began working there in 1988 and while currently still on the rolls, is not working due to his injuries. His base pay was $21.68 per hour. He did return to work as a millwright for approximately three months beginning in April 2001, but was unable to continue due to neck pain. He also has his own business named Bauer's and Sons, where he performs construction and general contracting work. A significant amount of his business was through sub-contracting with Peretsohn Properties where he performed renovations and maintenance on CONFIDENTIAL Vocational Evaluation Name: John Bauer Page Two apartment units. He was paid $20.00 an hour and netted bet%vicen S800 to $1200 per week. Post- injury jobs have included working for Upper Allen Township as a mechanic where he serviced and repaired equipment. He worked there from December 2000 until January 2001. He left that position to take a job that was less physically demanding. From January 2001 until April 2001 he worked for York Housing Authority as a housing inspector. His duties included inspecting houses and the grounds along with citing individuals for violations. He left that job for physical safety reasons, as he was being threatened by tenants who were upset over being fined. He was paid $12.54 per hour. Mr. Bauer indicates that on July 13, 1999 he had gone to Lowe's to pick up some supplies. He does not recall much of what happened, noting only that he felt heat next to his leg and then something struck him on the head and neck. He was told that a forklift driver had knocked tools from the shelves which fell and hit him. He believes he was briefly knocked unconscious. When he came to, he was extremely nauseous and had a friend help him out of the store. He was taken to Seidle Memorial Hospital where he complained of a sore neck and blurred vision. He was told he had a concussion. He was treated and released but returned the next day due to increased pain in his neck. He was originally treated by his family physician who provided pain medication. He was referred to a neurologist, who gave him shots for the headaches he was experiencing. He also underwent a course of physical therapy for over 45 sessions. He was then referred to Penn Rehabilitation Associates, where he has been treated by Dr. Violago and Dr. Mei. They recommended pain medication and home traction. If he did not get relief, steroid injections would be attempted. Surgery would be considered as a last resort. Mr. Bauer indicates that as a consequence of the injuries he sustained, he has severe headaches about four times per week. He has neck pain which spikes down his arm. He has significantly less energy and fatigues easily. He has difficulty sleeping at night and needs to take a sleeping pill. He also feels he has difficulty with concentration and memory. He utilizes exercise and traction at home but does not get any significant relief. He currently takes Celebrex for pain and a sleeping pill but could not remember the name. He also was to be receiving a new prescription but did not know the name. He has constant pain in his neck which varies in its intensity based on his activity level. His vision was affected as he now wears glasses. He has difficulty with lifting as his neck "locks up" He has difficulty sitting or driving for long periods of time as his neck begins to bother him. He has also had difficulty with his balance. He is depressed over his inability to work at his pre-accident level and satisfactorily provide for his family. Pain has affected his mood and made him more irritable. Record Review Mr. Bauer's medical treatment is well documented elsewhere and therefore will not be detailed in this report. Medical records pertinent to this evaluation are those that address limitations, restrictions and permanency of impairments. CONFIDENTIAL Vocational Evaluation Name: John Bauer Page Three A June 1, 2001 letter from Mr. Bauer's treating physician, Dr. Hai Ping Mei of Penn Rehabilitation Associates indicates that in his opinion Mr. Bauer has reached maximum medical improvement. He believes that Mr. Bauer's symptoms are permanent and that his disability is permanent. He diagnosed Mr. Bauer with Cervical Stenosis with Right C5-6 Cervical Radiculopathy. He recommended Mr. Bauer be on light duty work, which is lifting no more than 20 pounds. He is allowed to walk or stand to a significant degree. An independent medical evaluation dated March 23, 2001, by Dr. Todd L. Samuels of the Neurology Center states that Mr. Bauer has persistent neck pain and headaches, with current symptoms caused by his 7/13/99 injury. While lie had a pre-existing cervical degenerative disease, the symptoms were exacerbated by his injury. He should not lift more than 20 pounds. He has reached maximum medical improvement and his symptoms are permanent. He is not able to return to his pre-injury position. Income tax information indicated net business income of $4,210 in 1996; $17,272 in 1997; $4,450 in 1998, $14,172 in 1999 and $638 in 2000. Vocational, Economic and Psychological Impact of Accident and Injuries The medical information provided by Dr. Samuels and Dr. Mei indicates that Mr. Bauer's injuries are permanent. He is restricted to lifting no more than 20 pounds and cannot return to his pre-accident occupations. Future lost wages will be calculated by comparing Mr. Bauer's pre-accident canting potential to his post-accident earning potential. Prior to the accident, Mr. Bauer was capable of earning $21.68 an hour as a millwright and $20.00 an hour through Peretsohn Properties as a general contractor. His pre-accident earning potential is estimated at $20.50 an hour. Post-accident canting potential will be estimated by utilizing the wages from the "real" jobs Mr. Bauer obtained post-accident. He earned $12.00 per hour for Upper Allen Township and 512.54 per hour through the York Housing Authority. Estimated post-accident wages are $12.25 per hour. Pre- and post-eaming potential differential is therefore $8.75 per hour. Mr. Bauer would therefore suffer lost earning potential in the amount of $330 per week and $17,160 per year. Mr. Bauer is 40 years old and would have 25 years of remaining work life until a retirement age of 65. Future lost earning potential would be in the amount of $429,000. This figure likely underestimates the actual economic losses Mr. Bauer will incur, as it assumes equal pre-injury and post-injury work life. As a result of his permanent injuries, restrictions and limitations, Mr. Bauer now meets the criteria as a work-disabled individual. The United States government defines an individual as work-disabled if they have a mental or physical impairment that limits the types or kinds of work they can do. Statistically, on average, individuals with work disabilities have a shorter work life than their non-disabled peers. The New Worklife Expectancy Tables by Anthony Gamboa, Ph.D., MBA, revised 1998, indicate that a non-disabled 40-year-old male with a high school education has an average work life of 21.0 years, while a not severely disabled male with CONFIDENTIAL Vocational Evaluation Name: John Bauer Page Four .similar characteristics has a remaining work life of 15.2 years. Therefore, statistically, Mr. Bauer will not only earn less money post-accidcnt, but have fewer years remaining in the work force. Mr. Bauer has spent his work life in skilled laboring type positions and it was those areas that afforded him his best opportunity to earn money. As the result of the accident and injuries sustained, he has lost the ability to earn at his pre-accident level and will suffer significant eaming losses in the future. Neither this history provided by Mr. Bauer or the clinical interview provided evidence of any clinical level psychological disorders such as depression or anxiety. This does not mean that the accident and injuries have not significantly impacted on Mr. Bauer from a psychological standpoint. He has suffered reduced earning power, cannot function at his pre-accident level, and is in chronic pain. Chronic pain tends to take an increasing emotional toll on individuals, which leads to bouts of depression, anger, frustration and increased irritability. Mr. Bauer's long term emotional status will be closely tied to his financial future, functioning level and level of pain. n RftarLL-'S1ebgf, M.A. Licensed Psychologist RLS/plk 4 Exhibit D a PERETSOHN PROPERTIES P. O. Box 25 Mechanicsburg, Pa. 17055 September 1, 1999 Metzger and Wickersham Attorneys at Law 3211 North Front Street Harrisburg, Pa. Attn: Attorney Ted Knauss According to our records John Bauer was paid $25,312.86 for his contracting services from January 1, 1999 until the time of his accident, July 13, 1999. Stanley S. Conner President SSC/mgs cc: John Bauer Exhlbit E PINNACLE HEALTH Hospital Visits 7113199 $284.75 7114/99 $1.031.75 Physician Services 7/21199 $43.00 7/28199 $43.00 8110199 $43.00 9/16199 $43.00 1017199 $43.00 1114199 $53.00 116100 $43.00 1128100 $12.00 218100 $53.00 Physical Therapy 7/23199 - 7/29199 $722.00 8/02199 - 8120/99 $1,358M TOTAL $3,772.50 Kllmore Eye Associates 7/26/99 5111.00 TOTAL $111.00 Quantum Imaging 7/13199 $70.00 7/14/99 $198.00 7/14199 $74.00 7/31100 S35M TOTAL $377.00 Family Medicine Center 7/21199 $43.00 7128199 $43.00 JOHN BAUER MEDICAL BILLING SUMMARY PROVIDER DATE 8119199 9/16199 TOTAL AMOUNT $43.00 $43.00 $172.00 415101 $87$00 TOTAL $875.00 TOTAL PAID BY BSIBC $762.00 9/9199 $182.00 9/30/99 $61.00 11/11/99 $61.00 2115100 $61.00 4/18/00 $61.00 7/25/00 $67.00 2/9/01 594.00 TOTAL $587.00 Alexander Sling Rehab Inc. 1217/99 $147.00 12/9/99 $82.00 12/14199 $116.00 12120199 $82.00 12121/99 $123.00 12129199 $123.00 12/30199 $82.00 113100 $82.00 TOTAL $837.00 Penn Rehab 919199 $182.00 9/30199 $61.00 11/11/99 $61.00 4/18100 $61.00 7/25100 $67.00 '' 219101 $94.00 PROVIDER DATE 2/13/01 AMOUNT $120.00 4/20/01 $292.00 5/1/01 $55.00 5/21/01 sasZo TOTAL $1,059.00. TOTAL PAID BY BS $190.00 TOTAL PAID BY US $25.00 HEALTHCARE TOTAL MEDICAL BILLS $7,790.50 TOTAL PAID BY BS $942.00 TOTAL PAID BY US HEALTHCARE $25.00 Miscellaneous Expenses Eckerd 7/22/99 $42.98 7/29/99 518.79 TOTAL $59.77 Gruber's Pharmacy 8112199 52715 TOTAL $27.35 TOTAL MISC. BILLS $87.12 r CERTIFICATE OF SERVICE 1, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs John C. Bauer and Lori A. Bauer, hereby certify that I served the i foregoing Plaintiffs' Pretrial Memorandum this day of February, 2002, by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Matthew L. Owens, Esquire Marshall, Dennehey, Warner Coleman & Goggin 4200 Crams Mill Road Suite B Harrisburg, PA 17112 Edward E. Knauss, IV A"menf w: 218799.1 8 C ? ?,?? FEB 15 2002 JOHN C. BAUL•R and LORI A. BAUER, his wife, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA Plaintiffs, V. NO. 99-6490 CIVIL CIVIL ACTION - LAW LOWE'S COMPANIES, INC. Defendant. JURY TRIAL DEMANDED. PRETRIAL MEMORANDUM ON BEHALF OF PLAINTIFFS 1. BASIC FACTS AS TO LIABILITY On June 13, 1999 Plaintiff John Bauer was injured while shopping at the Lowe's Home Center Store in Mechanicsburg, Pennsylvania. Mr. Bauer and a friend, Jan Chomicki, had arrived at the store that morning to buy some bags of concrete for a construction project they were working on. Mr. Bauer was standing in the aisle of the store and was reaching into the bottom bay to grab a bag of concrete. Mr. Chomicki was standing behind him. As Mr. Bauer was bending over to reach for the bag, a forklift truck operated by an employee of Lowe's pulled up right beside Mr. Bauer to his right and began stacking pallets of concrete bags on the third bay from the bottom. The forklift truck was so close to Mr. Bauer that he could feel the heat from the engine of the forklift several feet away from him. As Mr. Bauer was slightly bent over, the forklift truck suddenly knocked off a tool from a rack which was located above Mr. Bauer's head. The tool consisted of a steel head and a wooden handle and was used to scrape and smooth out concrete. Plaintiffs submit that the Lowe's forklift operator was clearly negligent in carelessly operating the forklift so as to knock a tool from its rack. The operator violated the written policies and procedures of the store which stated that a forklift operator should not attempt to load merchandise in an aisle where a customer was located, and that the aisle should be blocked off with a tape so that no customer could enter the aisle. Photographs were taken immediately after the accident which show the bent rack on which the tool was located, nte rack was bent when the forklift truck struck the rack and knocked the tool from the rack onto the back of the Plaintiffs head. 1I. BASIC FACTS AS TO DAMAGES When the tool fell from the rack, it struck Mr. Bauer on the back of the neck. Ile was knocked to the ground and was dazed and semi-conscious for a few seconds. When he got up, he felt nauseous and lightheaded. Mr. Chomicki drove him to the hospital emergency room. Since the time of the accident over two years ago, Mr. Bauer has had constant pain in his head, neck and right atm. lie also gets a sensation of numbness and weakness in his right arm and fingers. His neck will lock in position, and pain shoots down his right arm, especially when he is attempting to do any lifting. Mr. Bauer has gone through numerous treatment modalities including medications, injections, and physical therapy, which he had three times a week for about four months. Nothing has provided any cure. lie has also suffered from blurred vision and dizziness, as well as headaches. Attached as Exhibit A is a report of his current treating physician along with an EMG study. A diagnosis has been made of a double crush injury, which means that the nerve or nerves in question have been damaged and compressed at two or more different areas, causing a cumulative interruption in the functioning of the nerve, so that the symptoms and effects are greater than if only a single compressed area existed. As the report of thwu •nl a :19144 / 9 Dr. Mei indicates, Mr. Bauer's condition and disability are pemtanent. Ile is permanently disabled from doing anything but light-duty work and lifting any more than 20 pounds. Prior to the accident Mr. Bauer worked in construction his entire life, which is a job that is now out of the question for him. He has suffered, and will in the future suffer, a large loss of income and impairment of his carving capacity. In March of this year, the Defendant had an Independent Medical Examination done by Dr. Todd Samuels, a neurologist. Dr. Samuels' report is attached hereto as Exhibit B. Dr. Samuels agreed that Mr. Bauer's current symptoms were caused by this injury, that he has reached maximum medical improvement, that his symptoms are permanent, that he cannot lift more than 20 pounds, and that he is unable to return to his prc-injury job as a construction worker. Attached as Exhibit C is a Vocational Evaluation indicating on page 3 that the estimated future loss of Gaming potential is $429,000.00. At the time of the accident Mr. Bauer worked as an independent contractor performing remodeling, maintenance and general construction work for Peretsohn Properties. During the first six months of 1999, Mr. Bauer had earned $25,312.00 working for Peretsohn Properties. See the letter from Peretsohn Properties attached as Exhibit D. He was unable to work the rest of 1999 except for a little light-duty work for Peretsohn Properties which allowed him to cam an additional $500.00. Mr, Bauer's income tax return for 1999 shows a net profit of $14,000.00 from his work up to the time of the accident. His estimated lost net income for the rest of 1999 would therefore be approximately an equivalent amount, although some of the deductions shown on his income tax return, such as Union dues, would not have been taken again in the last half of 1999, thus making his net income even lAwi menl 0::18799 1 3 higher. Mr. Bauer worked all year round, and there were no slow times in his work for Pcretsohn Properties, where he had been working for a couple of years before the accident. Mr. Bauer was also a member of the Carpenters Local 287. Ile was a trained millwright and did both carpentry work and millwright work, which involved the installation of heavy equipment. After the accident Mr. Bauer did return to various light-duty jobs. In April of 2000, he even tried to work again through the Union. lie tried that work for several months but found that he was simply unable to do it because of his injury. In the year 2000, Mr. Bauer earned a total of approximately $16,000.00 in this union work and in some light-duty work for Perctsohn Properties and as a housing inspector for Upper Allen Township. In the summer of 2001, Mr. Bauer took a job with Transcorp Trucking Company as a depot supervisor, which was another light-duty job. He earned around $12.00 per hour in that job, which he had for about two months. This is of course much less than the estimated $20.50 per hour he was able to cam before the accident. Mr. Bauer's latest work was as a construction foreman through the Carpenter's Local. He was fortunate enough to have been given work for five weeks on a job which has now ended. This foreman's work, though it pays well, will in the future be sporadic at best, with no guarantee that any such work will be available again. At the present time Mr. Bauer is unemployed. The total medical bills to date are approximately $7,790.00. See Exhibit E. Mr. Bauer's injuries have affected not only his ability to work, but have also affected all aspects of his life. Ilis inability to work has caused financial hardship and distress for his wife and family. Mr. Bauer is marr led and has three children. Ile has trouble sleeping at night and lhx imenr k .1/8799, 1 4 can no longer do many of the things he used to do around the house and in his social and personal life. III. STATEMENT OF PRINCIPAL. ISSUES OF LIABILITY AND DAMAGES I. Whether Defendant was negligent and whether such negligence was a substantial factor in causing injuries and damages to the Plaintiff. 2. Amount of damages sustained by Plaintiffs. IV. SUMMARY OF LEGAL ISSUES 1. An issue has arisen as to whether Plaintiffs may take the deposition of Dr. Todd Samuels who performed an Independent Medical Examination for the Defendant, in order to elicit testimony from him regarding his findings, as set forth in his report which is attached to this Memorandum as Exhibit B. Counsel for Defendant has indicated that he objects to the taking of such deposition since Dr. Samuels is Defendant's expert witness. Defendant obviously does not intend to call Dr. Samuels at trial, since his report and opinions are adverse to the Defendant. Plaintiffs believe that they have a right to take the deposition of Dr. Samuels and have him identify and testify to his findings and conclusions. Plaintiffs request the Court to issue a ruling on this matter at the Pretrial Conference. Though Plaintiffs have not yet done extensive research on the issue, sonic cases which may apply are "Thomas v. Germantown I iospital & Medical Centcr, 16 Pa. D.&C. 4'u' 247 (1992); Fitzpatrick v. I loliday Inn, Inc., 507 F.Supp. 979 (E.D.Pa. 1981); Coedell v. Brown. 531 A.2d 1379 (1987); and Graham v. Gielchinsky. 574 A.2d 496 (N.J. 1990). Amimen/ 0::18)99.1 5 V. IDENTITY OF WITNIs. SES TO DE CALLED 1. John Dauer 2. Lori Dauer • 3. Jan Chomicki rk ? 4. Kenneth White 5. Daniel Varner 6. Steven Showers 7. Dennis Swope 8. 9. 10. 11. 12. 13. 14. Is. 16. 17. 18. Stephen Meredith ( f ( f ) ?. Haiping Mei, M.D. '- Todd Samuels, M.D. Richard L. Sieber, Vocational Expert Stanley S. Conner IW 1 0 r s ?IN.N WI Ruth Dauer - Damages r y? Charles Bauer - Dnmagcs Craig Sears - Damages Guy McDermott - Damages Steve Drannen Ca ? W A X Possibly a representative of Plaintiff Bauer's Local Union Ahli ml M:N87991 ?? VI. LIST OF EXHIBITS VII. 1. Medical Expense Summary 2. Past and Future Wage Loss Summary 3. Medical Records of Plaintiff 4. Seven (7) Photographs Showing Scene of Accident and Forklift 5. Lowe's Forklift Safety Video 6. Lowe's Merchandise Maintenance Policy & Procedure 7. Lowe's Materials Ilandling Equipment Safety Trainer's Manual 8. Lowe's Top Stock Safety Policy and Procedure Plaintiffs have submitted a settlement demand of $20,000.00. Irv Defendant has offered Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Edward E. Knauss, IV Attorney I.D. No. 19199 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110.0300 (717)238.8187 Attorneys for Plaintiffs Dated: I _ 1 . D Z- AKiunvnl N .1187991 7 Exhibit A J ? 1 PENN REHABILITATION ASSOCIATES, P.C. ED S. VIOLAGO, M.D., FAAPMR HAIPING MEI, M.D., Ph.D Physical Medicine - Rehabilitation - Electrodiagnosis - Pain Managcment - IME - IRE June 1, 2001 Edward E. Knauss, IV, Esquire Metzer Wickersham 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 RE: John C. Bauer SS: 196-56-3362 Dear Attorney Knauss, This is in response to your letter dated May 24, 2001, regarding Mr. John Bauer. Mr. Bauer is a 39-year-old gentleman who was referred by Dr. Heck to my office for treatment of his headache, neck pain and right upper extremity pain after an accident. According to the patient, he was hit by a metal piece on July 13, 1999. He was hit on the back of his head and was knocked unconscious for several seconds. Since then, he has been having constant headaches and neck pain. He had an initial CAT scan of the head which was unremarkable. Most recent MM was done on March 12, 2001 of his cervical spine which reveals minimal disc DJD at C5-6 but there is a foraminal stenosis at C5-6, C6-7 bilaterally to a moderate degree. Before he was evaluated in my office, he was seeing Dr. Heck, Dr. Wagner, his family physician, and also Dr. Gilmore for his blurred vision. Nerve conduction/EMG study on this patient reveals double-crush syndrome consisting of mild right C5-6 radiculopathy and a mild right Carpal Tunnel Syndrome. He was given Celebrex and Elavil. A home cervical traction unit was given to the patient on May 21, 2001, because of increasing pain in the neck with radiation to the right upper extremity. He was also given a short course of Prednisone treatment. According to the patient, he was off of work for one year and then he was employed at the York Housing Authority as a Housing Supervisor. The patient received 60 sessions of outpatient physical therapy. MAIN TEL: 717-541-0700 - FAX: 717-541.5100 Nlainomce DlasburBOmcs HarrisburilOmce Hersheyomce Carlisle office Ilallrasomee Ditpbur`ShoppinBCtr. 2151LIn`lestownRd 32 Northeast Drive I Dunwoody Drive 36 S. River Road Pinnacle Physical Therapy Suite240 Suite 202 Carlisle, PA 17013 &RL147 860 N. US 15 Harnsbur8.PA17011 Hershey,PA17033 Miles, PA 17032 Dillsbur8,PA17019 John Bauer Page 2 06/01/01 Based on my opinion, this patient has reached maximum medical improvement. I believe his symptoms are permanent. His disability is permanent. If he continues to have these symptoms, we will try to add Neurontin to his current medications. If that fails, he will proceed with an epidural steroid injection. The cost of the treatment is not able to be assessed at this point. My diagnosis of the condition is cervical stenosis with right C5-6 cervical radiculopathy. I recommend this patient to be on light-duty work, which is no lifting more than 20 pounds. He is allowed walking or standing to a significant degree. If you have any further questions, please feel free to contact this office. Sincerely, Hai ' g Mei, M.D., Ph.D. HM:tls 04/23/2001 13:3/ /1/D417100 ruYn ncnr.o r..uc o< PENN REHABILITATION ASSOCIATES, P.C. . ED S. VIOLAGO, M.D., FAAPMR HAIPING htEl. M.D., Ph D Physical Medicine - Rehabilitation - Electrodiagnosis - Pain Management- IM E - IRE ELECTRONEUROPBIYSIOLOGIC MEDICAL CONSULTATION N -, r JOHN BAUER , S S,# ° 196-56-3362 %5 T7r`` 04-20-01 06-20.61 SE7C ' MALE (H} ": Telephol(a?t 432-2947 aFPICl3 . HARRISBURG , , . 119 WALMAN MANO DILLSBURG, PA 17019 'Pli fl riedtb' DR. ALBERT HECK H TF.F HTSTO Y: This is a 39 year old white male who was apparently injured while shopping at Lowe's, when he was hit by a pioce of metal on the back of his neck and he was knocked down and was unconscious for seven seconds, who complains of posterior neck pain to the right upper extremity with numbness of the right upper extremity. The MRI showed foraminal stenosis at C5.6 and C6.7 of a moderate degree. No hcmiated disc was found. 1. Mild abnormality of the nerve conduction study with relative prolongation of the right Median sensory peak latency in comparison to the Ulnar nerve. The motor latency and the motor conduction velocity of the Median nerve were normal. 2. Right Ulnar motor and sensory nerve conduction studies were normal. 3. Needle EMG examination revealed increased insertional activity and unsustained positive sharp waves at the Biceps and Deltoid. The rest of the EMG was unremarkable with normal findings. There was silence at rest with normal motor units during maximum effort, Electroneurophysiologic studies of the right upper extremity revealed mild evidence of Double Crush Syndrome consisting of mild right CS-C6 radiculopathy and a mild right Carpal Tunnel Syndrome, involving the sensory fiber. The patient will be seen in the office for follow up by Dr. Mei on May 1, 2001. Thank you for the referral of this patient. If you have any further questions, please feel free to call me at th office. qwl? Ed S. Violago, , D. s MAIN TEL: 717.541.0700 - FAX: 717.541.5100 M.Ieomu mumusumee 11m,0616 nmee Henhey Dmn Carlide l?mee H.ha.Oma DWIN's shuprms0r. 2151 Lin6!esu" Rd' 32 Nanheul Dri.e I Due%oody Drive 36 S. Rim Rost! rhrnecle Physical Thenpy Sale 1:0 Suite 202 60Le1e, PA 17313 4Rt 1e7 6(4N VS IS 14misvur6, rA 17011 HeMry, rA 1703) H.I f"JA 17031 DJLtw6. PA 17019 APR 23 2001 14:10 7175415120 PAGE.02 Apr-es- 4v 1 1045211 rrOW-MAMALL VM Mtlt +1112321849 T-3Si P.UU2/UU3 F-593 1; ' 1 JVeurology' , 42001 1 Centel; P, c. _d7 Poplar Church Road Camp Hill, PA 17011 (717)975.8585 Fax: (717) 975.0670 March 23, 2001 David M. Green, Esq. Marshall, Dennehey. Warner, Coleman & Goggin 100 Pine Street, Fourth Floor P.O. Box 803 Harrisburg, PA 17108-0803 RE: John C. Bauer Dear Mr. Green: Maria Michalek;'M.D. Todd L Samuels, M.D. Ravi Dukkipatl, M.D. I had the opportunity to see Mr. John Bauer for an Independent Medical Evaluation today. Copies of his medical records were available for my review. The patient is a 39 year old right handed white male who .was injured at work on July 13, •1999. • He was struck on the back of the head by a hanging metal toot which was knocked off a rack. His body was bent forward at the time. He was struck on the back of the head and ngek. He was unconscious for several -seconds. He was dazed when he regained consciousness. He had blurred vision, nausea, headache and dizziness immediately. He was evaluated and released from the Seidel Hospital Emergency Room. He had a bruise on the back of his head but no laceration. Currently he complains of headache and neck pain. He states that his neck "locks up" when lifting. The pain occasionally radiates down his neck to his mid back and also to his right arm or right hand. The neck pain is constant. It is worse with cold air. He has no subjective weakness. 110 114S increased neck pant with snoozing. There is no bowel, bladder or sexual dycfirnction. He complains of headaches approximately three times a week. The headaches are rated on a scale of 4/10 in severity. Advil helps. There were no associated visual, motor or sensory symptoms with the headaches, He has no functional limitations from the headache or neck pain, but he does have increased pain with activity. He has increased neck pain when driving. He works as a housing inspector. At the time of the injury he was working as a millwright and doing heavy construction. He attempted to return to work one year after the accident but stopped working due to increased pain. He denies a pre-existent history of headache or neck pain. Review of systems is significant for blurred vision which has been worse since the accident. -He has hypetterisiofl. He takes Cardizem CD. He does not-smoke or drink. of-[rtu . 1u:44a rroo-McMALL AMMti ?TIT23311/1 T-35T 0.003/003 F-513 Page two RE: John C. Bauer On tcamination the patient is alert and attentive with normal mental status. Speech is fluent and articulate. Pupils are 4 mm and react to 2 mm to light bilaterally. Optic discs are sharp and flat bilaterally. Visual fields are full to confrontation. Extraocular movements are intact and there is no nystagmus. There is no facial weakness. The palate elevates symmetrically and the tongue protrudes in the midline. He has decreased range of motion of his neck in all directions. There is no paracervieal muscle tenderness or spasm. There is no atrophy. There are no fasciculations. He has full strength. There Is no sensory deficit. Deep tendon reflexes are 2+ throughout and symmetric. Plantar reflexes are flexor bilaterally. Gait and coordination are normal. Tandem gait is normal. Romberg test is negative. A cervical MRI from March 12, 2001, reveals disc degenerative changes at CS-6 and C6-7, There is foraminal stenosis but no central canal stenosis. Mr. Bauer has persistent neck pain and headaches. His current symptoms were caused by his work injury on 7-13-99. He does have pre-existent cervical degenerative disease but his symptoms were exacerbated by his injury. He should not lift more than 20 pounds. He has reached maximum medical improvement. His symptoms are permanent. He is unable to return to his pre-injury position. Please let me know if I can provide further information. Sincerely, Todd L. Samuels, M.D. TLS:mk Exhibit C CONFIDENTIAL 2028 NORTH THIRD STREET, SURE 3B HARRISBURG, PENNSYLVANIA 171 10 TELEPHONE (717123&0886 FAX 1717)2388833 RICHARD L SLEBER, M. A. ALICELYN WATSON SLEBER, M.P.S.S C. JAMES L KNESTRICK. PH. D., CONSULTING PSYCHOLOGIST June 28, 2001 Name: John Bauer Reason for Referral VOCATIONAL EVALUATION RICHARD L. KOHR, PH.D. W. ROBERT DAVIDSON. MA. THOMAS L. HANSHAW. M. ED. RICHARD GIACOMELLI, M. A. SUZANNE CSOP. M. A. LAWRENCE M. SATIFKA M. A. MARK A. ZENGERLE, M. S. BRUCE KELLY, M. A. KATHERINE L BAILEY. M. ED. TERESE A. VORSHECK M. A. EUGENE H. STECHER. M. A. IVAN S. ZOOK M.S. John Bauer was referred for a vocational evaluation by his attorney, Edward E. Knaus IV, of the law firm of Metzger and Wickersham. The purpose of the evaluation was to assess the vocational, economic and psychological impact of a July 13, 1999 accident. The evaluation consisted of a clinical interview and a review of medical reports and wage information. All opinions rendered are done so within a reasonable degree of medical certainty. Backeround Information John C. Bauer was seen for a vocational evaluation on May 25, 2001. Mr. Bauer drove himself to the evaluation and was unaccompanied. He cooperated with the evaluative process in that he responded to direct questioning and volunteered information. A self-reported history indicates that Mr. Bauer is 40 years old and resides at 119 Walmar Manor, Dillsburg, Pennsylvania, He is married and has three children living at home. He completed 12 years of schooling at Cumberland Valley High School although did not graduate, as he did not cam sufficient credits. He obtained a GED in 1979. He attended JATC in Lebanon, Pennsylvania from 1988 to 1992 where he received training to be a millwright and carpenter. He was not in the military. Mr. Bauer's pre-accident work history included working out of Carpenters Local No. 287 as a millwright. fie began working there in 1988 and while currently still on the rolls, is not working due to his injuries. His base pay was $21.68 per hour. He did return to work as a millwright for approximately three months beginning in April 2001, but was unable to continue due to neck pain. He also has his own business named Bauer's and Sons, where he performs construction and general contracting work. A significant amount of his business was through sub-contracting with Peretsohn Properties where he performed renovations and maintenance on CONFIDENTIAL Vocational Evaluation Name: John Bauer Page Two apartment units. He was paid $20.00 an hour and netted between $800 to $1200 per week. Post- injury jobs have included working for Upper Allen Township as a mechanic where he serviced and repaired equipment. He worked there from December 2000 until January 2001. He left that position to take a job that was less physically demanding. From January 2001 until April 2001 he worked for York Housing Authority as a housing inspector. His duties included inspecting houses and the grounds along with citing individuals for violations. He left that job for physical safety reasons, as he was being threatened by tenants who were upset over being fined. He was paid S 12.54 per hour. Mr. Bauer indicates that on July 13, 1999 he had gone to Lowe's to pick up some supplies. He does not recall much of what happened, noting only that he felt heat next to his leg and then something struck him on the head and neck. He was told that a forklift driver had knocked tools from the shelves which fell and hit him. He believes he was briefly knocked unconscious. Whcn he came to, he was extremely nauseous and had a friend help him out of the store. He was taken to Seidle Memorial Hospital where he complained of a sore neck and blurred vision. He was told he had a concussion. He was treated and released but returned the next day due to increased pain in his neck. He was originally treated by his family physician who provided pain medication. He was referred to a neurologist, who gave him shots for the headaches he was experiencing. He also underwent a course of physical therapy for over 45 sessions. He was then referred to Penn Rehabilitation Associates, where he has been treated by Dr. Violago and Dr. Mei. They recommended pain medication and home traction. If he did not get relief, steroid injections would be attempted. Surgery would be considered as a last resort. Mr. Bauer indicates that as a consequence of the injuries he sustained, he has severe headaches about four times per week. He has neck pain which spikes down his arm. He has significantly less energy and fatigues easily. He has difficulty sleeping at night and needs to take a sleeping pill. He also feels he has difficulty with concentration and memory. He utilizes exercise and traction at home but does not get any significant relief. He currently takes Celebrex for pain and a sleeping pill but could not remember the name. He also was to be receiving a new prescription but did not know the name. He has constant pain in his neck which varies in its intensity based on his activity level. His vision was affected as he now wears glasses. He has difficulty with lifting as his neck "locks up." He has difficulty sitting or driving for long periods of time as his neck begins to bother him. He has also had difficulty with his balance. He is depressed over his inability to work at his pre-accident level and satisfactorily provide for his family. Pain has affected his mood and made him more irritable. Record Review Mr. Bauer's medical treatment is well documented elsewhere and therefore will not be detailed in this report. Medical records pertinent to this evaluation are those that address limitations, restrictions and permanency of impairments. 2 CONFIDENTIAL Vocational Evaluation Name: John Bauer Page Three A June 1, 2001 letter from Mr. Bauer's treating physician, Dr. Hai Ping Mei of Penn Rehabilitation Associates indicates that in his opinion Mr. Bauer has reached maximum medical improvement. He believes that Mr. Bauer's symptoms arc permanent and that his disability is permanent. He diagnosed Mr. Bauer with Cervical Stenosis with Right C5.6 Cervical Radiculopathy. He recommended Mr. Bauer be on light duty work, which is lifting no more than 20 pounds. He is allowed to walk or stand to a significant degree, An independent medical evaluation dated March 23, 2001, by Dr. Todd L. Samuels of the Neurology Center states that Mr. Bauer has persistent neck pain and headaches, with current symptoms caused by his 7/13/99 injury. While he had a pre-existing cervical degenerative disease, the symptoms were exacerbated by his injury. He should not lift more than 20 pounds. He has reached maximum medical improvement and his symptoms arc permanent. He is not able to return to his pre-injury position. Income tax information indicated net business income of $4,210 in 1996; $17,272 in 1997; $4,450 in 1998, $14,172 in 1999 and $638 in 2000. Vocational, Economic and Psychological Impact of Accident and Injuries The medical information provided by Dr. Samuels and Dr. Mei indicates that Mr. Bauer's injuries are permanent. He is restricted to lifting no more than 20 pounds and cannot return to his pre-accident occupations. Future lost wages will be calculated by comparing Mr. Bauer's pre-accident earning potential to his post-accident earning potential. Prior to the accident, Mr. Bauer was capable of earning 521.68 an hour as a millwright and 520.00 an hour through Peretsohn Properties as a general contractor. His pre-accident earning potential is estimated at 520.50 an hour. Post-accident earning potential will be estimated by utilizing the wages from the "real" jobs Mr. Bauer obtained post-accident. He earned $12.00 per hour for Upper Allen Township and 512.54 per hour through the York Housing Authority. Estimated post-accident wages are S12.25 per hour. Pre- and post-eaming potential differential is therefore $8.75 per hour. Mr. Bauer would therefore suffer lost earning potential in the amount of $330 per week and S17,160 per year. Mr. Bauer is 40 years old and would have 25 years of remaining work life until a retirement age of 65. Future lost eaming potential would be in the amount of 5429,000. This figure likely underestimates the actual economic losses Mr. Bauer will incur, as it assumes equal pre-injury and post-injury work life. As a result of his permanent injuries, restrictions and limitations, Mr. Bauer now meets the criteria as a work-disabled individual. The United States government defines an individual as work-disabled if they have a mental or physical impairment that limits the types or kinds of work they can do. Statistically, on average, individuals with work disabilities have a shorter work life than their non-disabled peers. The New Worklife Expectancy Tables by Anthony Gamboa, Ph.D., MBA, revised 1998, indicate that a non-disabled 40-year-old male with a high school education has an average work life of 21.0 years, while a not severely disabled male with CONFIDENTIAL Vocational Evaluation Name: John Bauer Page Four similar characteristics has a remaining work life of 15.2 years. Therefore, statistically, Mr. Bauer will not only earn less money post-accident, but have fewer years remaining in the work force. Mr. Bauer has spent his work life in skilled laboring type positions and it was those areas that afforded him his best opportunity to earn money. As the result of the accident and injuries sustained, he has lost the ability to earn at his pre-accident level and will suffer significant eaming losses in the future. Neither this history provided by Mr. Bauer or the clinical interview provided evidence of any clinical level psychological disorders such as depression or anxiety. This does not mean that the accident and injuries have not significantly impacted on Mr. Bauer from a psychological standpoint. He has suffered reduced earning power, cannot function at his pre-accident level, and is in chronic pain. Chronic pain tends to take an increasing emotional toll on individuals, which leads to bouts of depression, anger, frustration and increased irritability. Mr. Bauer's long term emotional status will be closely tied to his financial future, functioning level and level of pain. A dhL"Ieb , M.A. Licensed Psychologist RLS/plk 4 Exhibit PERETSOBN PROPERTIES P. O. Box 25 Mechanicsburg, Pa. 17055 September 1, 1999 Metzger and Wickersham Attorneys at Law 3211 North Front Street Harrisburg, Pa. Attn: Attorney Ted Knauss According to our records John Bauer was paid $25,312.86 for his contracting services from January 1, 1999 until the time of his accident, July 13, 1999. Stanley S. Conner President SSC/mgs cc: John Bauer s. Exhibit E 6?? JOHN BAUER MEDICAL BILLING SUMMARY PROVIDER DAM PINNACLE HEALTH Hospital Visits 7/13199 $284.75 7/14199 $1,031.75 Physician Services 7121199 $43.00 7/28/99 $43.00 8119199 $43.00 9116/99 $43.00 1017199 $43.00 11/4199 $53.00 116/00 $43.00 1/28/00 $12.00 218100 $53.00 Physical Therapy 7123/99 - 7/29/99 $722.00 8102199 - 8/20/99 $1,358,00 TOTAL $3,772.50 Kllmore Eye Associates 7/26/99 3111.00 TOTAL $111.00 Quantum Imaging 7113/99 $70.00 7114/99 $198.00 7114/99 $74.00 7/31/00 $35.00 TOTAL $377.00 Family Medicine Cent r 7/21199 $43.00 ,r 7128/99 $43.00 JOHN BAUER MEDICAL BILLING SUMMARY PROVIDER DATE AMOUNT 8/19199 $43.00 9/16/99 54100 TOTAL $172.00 Central PA MR[ Center 415101 $875.00 TOTAL $875.00 TOTAL PAID BY BSIBC $762.00 Pennsylvania Neuro Associates 919199 $182.00 9/30199 $61.00 11111/99 $61.00 2115100 $61.00 4/18100 $61.00 7/25100 $67.00 2/9/01 594.00 f TOTAL $587.00 Alexander Spring Rehab Inc. 12/7199 $147.00 1219/99 $82.00 12/14199 $116.00 12120199 $82.00 12121/99 $123.00 12/29199 $123.00 12/30/99 $82.00 113100 g82M TOTAL $837.00 Penn Rehab 919/99 $182.00 9/30199 $81.00 11111/99 $81.00 4/18100 $61.00 7/25100 $67.00 2/9/01 $94.00 JOHN BAUER MEDICAL BILLING SUMMARY PROVIDER RAIE 2/13/01 4120/01 5/1/01 5121/01 TOTAL TOTAL PAID BY SS TOTAL PAID BY US HEALTHCARE f i Miscellaneous Expenses Eckerd Gruber's Pharmacy TOTAL MEDICAL BILLS TOTAL PAID BY BS TOTAL PAID BY US HEALTHCARE 7122/99 7/29/99 TOTAL 8/12/99 TOTAL TOTAL MISC. BILLS AMOUNT $120.00 $292.00 $55.00 $6600 $1,059.00 $190.00 $25.00 $7,790.60 $942.00 $25.00 $42.98 518.79 $59.77 527,35 $27.95 $87.12 4K CERTIFICATE OF SERVICE I, Edward E. Knauss, 1V, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs John C. Bauer and Lori A. Bauer, hereby certify that 1 served the 64 foregoing Plaintiffs' Pretrial Memorandum this - day of January, 2002, by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Matthew L. Owens, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 E .., Edward E. suss, IV Domm mi w: 218799.1 8 ............ lOS_ATIABW LOTI.110\86I42)ACS\122409X1102 JOHN C. BAUER and LORI A. BAUER, his wife, Plaintiffs V. LOWE'S COMPANIES, INC., Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRE-TRIAL. MEMORANDUM OF DEFENDANT, LOVE'S COMPANIES. INC. On June 13, 1999 Plaintiff John Bauer was a customer shopping in the Lowe's Home Centers store in Mechanicsburg, Pennsylvania. Mr. Bauer and his friend, Jan Chomicki, were in the process of purchasing bags of concrete for a construction project they were working on together. Mr. Bauer entered the area of the store where the concrete mix was stored in bags and was actually loading bags of concrete in a bent over position into a flat Lowe's cart. For some unknown reason, perhaps as a result of being bumped or struck by Mr. Bauer as he was loading concrete, a concrete hoc, also known as a skrete, became dislodged from its display hook directly above Mr. Bauer and in very close proximity to him as he was loading the bags of concrete. The tool allegedly struck Mr. Bauer on the back of the head and/or the back of the neck causing injury. There is no direct evidence of any liability on behalf of Lowe's Home Centers, Inc. Although the Plaintiff alleges that a forklift was working nearby, the Lowe's employees dispute the proximity of the forklift which was working at the far end of a separate aisle. Plaintiffs' theory as set forth in their Complaint and its established through discovery seems to be that either the forklift caused the tool to become dislodged or the tool was displayed on an ineffective and/or dangerous hook causing it to become dislodged and Ball on the plaintiff. To the contrary, Defendants believe that Mr. Bauer, himself, may have dislodged the tool causing it to strike his body. II. 13ACIC pA TC As TO DAMAGL'S The plaintiff claims various injuries its well as penuancnl disability. Plaintiffs' economist has completed it report selling Finite lost waltes at approximately $400,000.00. plaintiffs medical expenses total aappnaxinuafclY SH,t oo.110 and he also claims a past loss of income claim of approximately SJII,IIIli1,1111. There is no direct evidence of a substantial injury in this case. To the contrary, the evidence suggests somewhat of it soli tissue injury sustained by Mr. Bauer. More importantly, the primary claim in this case seems to he the loss of income claim. The Plaintiff can and should work as be has done so since the accident bal before the lime established for the pre-trial conference. In fact, the 1'laintill'wotked as it lbrcnum coming the same wages he earned prior to the accident. Defendants will retain and produce it vocational and/or economist expert report prior to trial. Defendanls do not befievc there is any future loss of income claim at the present lime. Dr. Samuels wits relained by Delcndanls to perfomh an independent medical examination. Dr. Sanutcls found that the plainliffdid sustain injury and is permanently disabled. Defendants } will cull Dr. Sannvelx as it witness in this case. Plaintiffs have noticed Dr. Samuels' deposition, , however, Defendants will be filing a Motion for protective Order as this world be improper and is not pennilled under the Pennsylvania Rulcs of Civil Procedure. I. Was Defendant negligent and was Defendant's negligence a substantial factor in causing injuries and damages to the Plaintiff? 2. What are Plaintiffs' damages? 3. Did Plaintiff suffer from a pre-existing condition which was symptomatic or caused injury type problems or issues for the Plaintiff prior to the accident? IV. SUMMARY OF LEGAL ISSUES This appears to be a straightforward case of negligence. The only evidence offered by either party is circumstantial as there arc !14 witnesses who saw the skretc fall and strike the Plaintiff. The same would be true with respect to damages. V. IDFNTITY OF WITNESSES TO BE CALLED 1. John Bauer as on cross-examination 2. Lori Bauer as on cross-examination 3. Jan Chomicki 4. Kenneth White 5. Daniel Varner 6. Steven Showers 7. Dennis Swope 8. Stephen Meredith 9. Todd Samuels, M.D. 10. Corporate representative for Lowe's Defcndant reserves the right to amend this witness list prior to trial and upon reasonable notice to Plaintiffs' counsel. VI. LIST OF EXHIBITS I. Medical records of the Plaintiff 2. Seven photographs showing scene of accident and forklift 3. Exemplars skretc 4. Exemplarj-hook Defendant reserves the right to amend this exhibit list prior to trial and upon reasonable notice to Plaintiffs' counsel. VII. CURRENT STAT IS OF SETTLEMENT NEGOTIATIONS Plaintiffs' demand is currently $350,000.00. Defendant has offered $45,000.00. A mediatio wasrconducted anuary 3, 2002, and it appears that the current demand for the PlaintiffST?$18 efendants anticipate having authority for the pre-trial conference in excess of $45,000.00. Respectfully submitted, MARSHAL DENNEHEY, WARNER, COLEMA GOGGIN BY: MATT E , ESQUIRE I.D. NO. 76080 4200 Crums Mill Road. Suite B Harrisburg, PA 17112 (717) 651-3501 DATE: '' / ,Z Attorneys for Defendant JOHN C. BAUER and LORI A. BAUER, his wife, Plaintiffs V. LOWE'S COMPANIES, INC., Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED 1, Angela Sanger, an employee of Marshall, Dcnnehey, Warner, Coleman & Goggin, do hereby certify that on this j 4L day of January 2002, I served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Edward E. Knauss, IV, Esquire METZGER WICKERSHAM 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 !L C._ 1Q?°ll Angela anger 15 u13ATIAW H-01.LPGA634MCM12I4ba0HR JOI IN C. BAUER and LORI A. BAUER. his wife, Plaintiffs V. LOWE'S COMPANIES, INC., Defendant JAN II 9 NloZ p( COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT, ILOWF.'S COMPANIES, INC. On June 13, 1999 Plaintiff John Bauer was a customer shopping in the Lowe's Home Centers store in Mechanicsburg, Pennsylvania. Mr. Bauer and his friend, Jan Chomicki, were in the process of purchasing bags of concrete for a construction project they were working on together. Mr. Baucr entered the area of the store where the concrete mix was stored in bags and was actually loading bags of concrete in a bent over position into a flat Lowe's earl. For some unknown reason, perhaps as a result of being bumped or struck by Mr. Baucr as he was loading concrete, a concrete hoc, also known as a skrctc, became dislodged from its display hook directly above Mr. Baucr and in very close proximity to him as he was loading the bags of concrete. The tool allegedly struck Mr. Baucr on the back of the head and/or the back of the neck causing injury. There is no direct evidence of any liability on behalf of Lowc's I Ionic Centers, Inc. Although the Plaintiff alleges that a forklift was working nearby, the Lowe's employees dispute the proximity of the forklift which was working at the far end of a separate aisle. Plaintiffs' theory as set forth in their Complaint and as established through discovery seems to be that either the forkli fl caused the tool to become dislodged or the tool was displayed on :m ineffective and/or dangerous hook causing it to become dislodged anti fall on the Plaintiff. To the contrary, Defendants believe that Mr. Bauer, himself, may have dislodged the tool causing it to strike his body. The Plaintiff claims various injuries as well as permanent disability. Plaintiffs' economist has completed a report setting fixture lost wages at approximately $400,000.00. Plaintiff's medical expenses total approximately $8,000.00 and he also claims a past loss of income claim of approximately $30,000.00. Thcrc is no direct evidence of a substantial injury in this case. To the contrary, the evidence suggests somewhat of a soft tissue injury sustained by Mr. Bauer. More importantly, the primary claim in this case seems to be the loss of income claim. The Plaintiff can and should work as he has done so since the accident but before the time established for the pre-trial conference. In fact, the Plaintiff worked as a foreman caming the same wages lie earned prior to the accident. Defendants will retain and produce a vocational and/or economist expert report prior to trial. Defendants do not believe there is any future loss of income claim at the present time. Dr. Samuels was retained by Defendants to perform an independent medical cxaminntion. Dr. Samuels found that the Plaintiff did sustain injury and is permanently disabled. Defendants will call Dr. Samuels as a witness in this case. Plaintiffs have noticed Dr. Samuels' deposition, however, Defendants will be filing a Motion for Protective Order as this would be improper and is not permitted under the Pennsylvania Rules of Civil Procedure. 111. STATEMENT OF PRINCIPAL ISSUES OF LIABILITY AND DAMAGES I. Was Defendant negligent and was Defendant's negligence a substantial factor in causing injuries and damages to the Plaintiff) 2. What arc Plaintiffs' damages? 3. Did Plaintiff suffer from a pre-existing condition which was symptomatic or caused injury type problems or issues for the Plaintiff prior to the accident? IV. SUMMARY OF LEGAL ISS IES This appears to be a straightforward case of negligence. The only evidence offered by either party is circumstantial as there arc no witnesses who saw the skrctc fall and strike the Plaintiff. The same would be true with respect to damages. V: IDE NTITY OF WITNESSES TO DE CALLED . John Dauer as on cross-examination 2. Lori Dauer as on cross-examination 3. Jan Chomicki 4. Kenneth White 5. Daniel Varner 6. Steven Showers 7. Dennis Swope 8. Stephen Meredith 9. Todd Samuels, M.D. 10. Corporate representative for Lowe's 3 Defendant reserves the right to amend this witness list prior to trial and upon reasonable notice to Plaintiffs' counsel. VI. LIST OF EXHIBITS 1. Medical records of the Plaintiff 2. Seven photographs showing scene of accident and forklift 3. Exemplars skrete 4. Exemplar j-hook Defendant reserves the right to amend this exhibit list prior to trial and upon reasonable notice to Plaintiffs' counsel. VII. CURRENT STATUS OF SETTLEMENT NEGOTIATIONS Plaintiffs' demand is currently $350,000.00. Defendant has offered $45,000.00. A mediation was conducted January 3, 2002, and it appears that the current demand for the Plaintiffs is $180,000.00. Defendants anticipate having authority for the prc-tri al conference in excess of $45,000.00. Respectfully submitted, DENNEHEY, WARNER, GOGGIN BY: I . MATTE E\ ENM I.D. NO. 76080 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3501 DATE: ' I / , Z Attorneys for Defendant JOHN C. BAUER and LORI A. BAUER, his wife. Plaintiffs V. LOWE'S COMPANIES, INC., Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED 1, Angela Sanger, an employee of Marshall, Dennehey, Warner, Coleman & Goggin, do hereby certify that on this 1Y^ day of January 2002, 1 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Edward E. Knauss, IV, Esquire METZGER WICKERSHAM 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Angeln anger JOHN C. BAUER and LORI A. BAUER, his wife Plaintiffs LOWE'S COMPANIES, INC Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. qq o96 ?C,tl-tom CIVIL ACTION - LAW JURY TRIAL DEMANDED TI TO: LOWE'S COMPANIES, INC., DEFENDANT 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 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 THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 USTED HA SIDO DEMANDADO/EN LA CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las paginas, debe tomar accion dentro de los proximos viente (20) dias despues de la notiftcacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, ]as demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dincro reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u ostros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABODAGO IMMEDIATAMENTE. SI USTED NO TIENE UN ABODGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JOHN C. BAUER and COURT OF COMMON PLEAS OF LORI A. BAUER, his wife CUMBERLAND COUNTY, PA Plaintiffs y 90 C ? T NO. 9 4 ?- - ? LOWE'S COMPANIES, INC. CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED COMPLAINT COUNTI John Bauer w' Companies, Inc. 1. Plaintiffs, John C. Bauer and Lori A. Bauer, are husband and wife adult individuals residing at 119 Walmar Manor, Dillsburg, York County, Pennsylvania. 2. Defendant, Lowe's Companies, Inc., is a corporation which is authorized to do and which does business in the Commonwealth of Pennsylvania. 3. Defendant owns, operates, possesses and controls a retail store located at 6520 Carlisle Pike, Suite 350, Mechanicsburg, Cumberland County, Pennsylvania. 4. On July 13, 1999, Plaintiff, John C. Bauer, was a business invitee at Defendant's place of business at 6520 Carlisle Pike, Suite 350, Mechanicsburg, Pennsylvania, for the purpose of shopping at Defendant's store. 5. At the aforesaid time and place, while the Plaintiff was bending over and looking at merchandise on a lower shelf, several heavy tools fell from a dangerous and unsecured position in the aisle, striking Plaintiff in the back of his head and neck. ...... ... , ... . 6. As a direct and proximate result of the impact from the falling tools, Plaintiff suffered various injuries, including but not limited to: a. A concussion; b. Headaches; C. Neck sprain; d. Neck spasms; e. Injury to nerves and/or nervous system; f. Blurry vision; g. Loss of memory; and h. Sleeplessness. 7. The injuries sustained by Plaintiff were due to the negligence, recklessness and carelessness of the Defendant as follows: a. It allowed tools to be placed or located in a dangerous and unsecured position in an aisle of the store where it knew business invitees, such as the Plaintiff, would be shopping; b. It failed to warn the Plaintiff and other customers of the dangerous and unsecured tools located in an aisle of the store; C. It failed to take various precautionary measures to protect customers such as Plaintiff from being struck with tools which were hanging in a dangerous and unsecured position in an aisle where Defendant knew or should have known customers would walk; d. It allowed a dangerous condition to exist on the premises owned, possessed, controlled and maintained by it. C. One of Defendant's agents and employees did bump, or may have bumped with a forklift truck, the tools or other merchandise near the tools, causing the tools to fall from their dangerous and unsecure position in the aisle. f. It did allow, or may have allowed, other unsecured merchandise to strike the tools, causing them to fall. 8. As a direct and proximate result of the aforesaid incident and injuries sustained by Plaintiff, Plaintiff has undergone and will in the future continue to undergo pain, suffering, inconvenience, loss of life's pleasures, humiliation and embarrassment. 9. As a direct and proximate result of the aforesaid incident and injuries sustained by Plaintiff, Plaintiff has incurred and will in the future continue to incur lost wages and similar economic losses. 10. As a direct and proximate result of the aforesaid incident and injuries sustained by Plaintiff, Plaintiff has incurred and will in the future continue to incur various medical and other expenses in an attempt to restore him to health. WHEREFORE, Plaintiffs demand judgment against the Defendant, Lowe's Companies, Inc., in an amount exceeding that requiring submission to compulsory arbitration, plus costs. COUNT II Lori A. Bauer v. Lowe's Companies, Inc. 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference and made a part hereof. 12. As a result of the injuries to the Plaintiff, John C. Bauer, Plaintiff Lori A. Bauer has sustained a loss of services, society, companionship and a loss of consortium, for which Defendant is liable and she will, in the future continue to suffer such losses and claim is made therefor. WHEREFORE, Plaintiffs demand judgment against the Defendant, Lowe's Companies, Inc., in an amount exceeding that requiring submission to compulsory arbitration, plus costs Respectfully submitted, METZGER. WICKERSHAM, KNAUSS & ERB, P.C. By: ward E. Knauss, IV, Esquire 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Date: /() - ?-- 1' i ' _ : IN -DI We, Plaintiffs John C. Bauer and Lori A. Bauer, do hereby certify that the facts set forth in the foregoing Complaint are true and correct to the best of our knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. /MN C. BAUER Dated: 4qh? LORI .BA ER Dated: o? F' +J7 (. r i U l.i t? u rn ?j v, 6 + ?? ? y ? am ?1 103_A%1A"MG-SLPN85 I4%CFF%07015 369 JOHN C. BAUER and LORI A. BAUER, his wife, Plaintiffs V. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 CIVIL CIVIL ACTION - LAW LOWE'S COMPANIES, INC., Defendant TO THE PROTHONOTARY: JURY TRIAL DEMANDED Please enter my appearance as counsel for Defendant Lowe's Home Centers, Inc, incorrectly identified on the caption as "Lowe's Companies, Inc.", and send all orders and notices to me at the address noted below. Respectfully submitted, DENNENEY, WARNER, and GOGGIN BY: DATE: November -L, 1999 f ttomey I.D. tt? 381 - I 0 Pine Street, Fourth Floor, P.O. Box 803 Harrisburg, PA 17108-0803 (717) 232-9325 Attorney for Defendant Lowe's Homc Centers, Inc. I, DAVID M. GREEN, Esquire, do hereby certify that a true and correct copy of ENTRY OF APPEARANCE FOR DEFENDANT LOWE'S HOME CENTERS, INC., incorrectly identified in theeion as "Lowe's Companies, Inc.", was served upon all parties by first class mail on November 1999 at the following addressees: Edward E. Knauss, IV, Esquire METZGER, WICKERSHAM, KNAUSS & ERB 3211 North Front St., P.O. Box 5300 Harrisburg, PA 17110-0300 , WARNER, BY: '" L id "CA, Esq de A omey I.D. 047381 100 Pine Street, Fourth Floor, P.O. Box 803 Harrisburg, PA 17108-0803 (717) 232-9325 Attorney for Defendant Lowe's Home Centers, Inc. ? v. ?? c. in ? c ; ., , i 1 f ? ? f Ci '' ? E (-`: ?-' ?. ' I?_ v iT ? `1 , ,iA .. ,. ,!', 105_A%LIAn\DMGlS1.PG\I645MCFF%07015VS0000 JOHN C. BAUER and LORI A. BAUER, his wife, Plaintiffs V. LOWE'S HOME CENTERS, INC. LOWE'S COMPANIES, INC., Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 CIVIL CIVIL ACTION- LAW JURY TRIAL DEMANDED It is hereby stipulated by counsel for all parties that the Complaint and Caption are amended to substitute "Lowe's Home Centers, Inc." as the name of the Defendant wherever it appears in the Complaint. WARNER, BY: `t/I / I 'l 4Z,(//(/ / l/ / Ati6mey I.D. #47381 1 100 Pine Street, Fourth Floor, P.O. Box 803 Harrisburg, PA 17108-0803 (717) 232-9325 Date: November , 1999 Attorney for Defendant Lowe's Home Centers, Inc. METZG CKK NAM, KNAUSS & ERB, P.C. BY:`?i' Edward E. Knauss, IV, Esquire 3211 North Front St., P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Date: November , 1999 r r tL K ' c? v SHERIFF'S RETURN - REGULAR CASE NO: 1999-06890 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BAUER JOHN C ET AL VS. LOWE'S COMPANIES INC SHAWN HARRISON Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon LOWE'S COMPANIES INC the defendant, at 10:15 HOURS, on the 28th day of October , 1999 at 6520 CARLISLE PIKE SUITE 350 MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to CRAIG SMITH (MANAGER) a true and attested copy of the COMPLAINT , together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge SO S 3ii 18.00 i 6.00 8.00 K. 4i.32.20 ME ZG1 R49 by Sworn and subscribed to before me this 13 day of {( u? ?? 19 (.79 A.D. -?rL?j 103 AU.IAa1D\I(\SLPN946%CFF10701S100769 JOHN C. BAUER and LORI A. BAUER, his wife, Plaintiffs V. LOWE'S COMPANIES, INC., Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT 1 OW 'S IF CENTERS INC JOHN C BAUER v LOWE'S HOME CENTERC INC AND NOW, Defendant Lowe's Home Centers, Inc., by an through its attorneys, Marshall, Dennehcy, Warner, Coleman and Goggin, hereby answers the Complaint as follows: 1. Admitted, upon information and belief. 2. Admitted. 3. Admitted. 4. Denied as stated. The averment sets forth a conclusion of law, to which no response is required. Upon information and belief, it is admitted that Plaintiff John C. Bauer was present in the Defendant's place of business on July 13, 1999. After reasonable investigation, the Defendant lacks knowledge or information sufficient to form a belief as to the truth of the averment, and it is therefore denied and strict proof thereof is demanded at time of trial 5. Denied. After reasonable investigation, the Defendant lacks knowledge or information sufficient to forth a belief as to the truth of the averment, and it is therefore denied and strict proof thereof is demanded at time of trial. The averment sets forth a conclusion of law, to which no response is required. By way of further answer, it is specifically denied that any tools, whether heavy or otherwise, fell from any position in the area in which Plaintiff was located, and strict proof thereof is demanded at time of trial. It is specifically denied that any tools of whatever sort struck Plaintiff on any portion of his body, and strict proof thereof is demanded at time of trial. By way of further answer, upon information and belief, Defendant submits that it was Plaintiff who struck the merchandise through actions undertaken by Plaintiff himself, and not through any action or failure to act on the part of Defendant. 6. Denied. The averments sets forth a conclusion of law, to which no response is required. By way of further answer, after reasonable investigation, the Defendant lacks knowledge or information sufficient to forth a belief as to the truth of the averment, and it is therefore denied and strict proof thereof is demanded at time of trial. It is specifically denied that any tool whatsoever fell upon Plaintiff or in the vicinity of Plaintiff at any time, and strict proof thereof is demanded at time of trial. By way of further answer, it is specifically denied that Plaintiff suffered any injuries, including but not limited to those injuries set forth in subparagraph (a) through subparagraph (h) or the averment, and strict proof thereof is demanded at time of trial. 7. Denied. The averment sets forth a conclusion of law, to which no response is required. By way of further answer, Defendant specifically denies that it was in any manner negligent, reckless or careless at any time material to the averments of Plaintiffs Complaint, including, but not limited to, those averments set forth in subparagraph (a) through (0 of the averment, and strict proof of each and every one of those allegations is demanded at time of trial. Further, it is specifically denied that Defendant: (a) (b) (c) (d) (e) allowed tools to be placed or located in a dangerous and unsecured position in any portion of the store, and strict proof thereof is demanded at time of trial; failed to warn Plaintiff and other customers of the dangerous and unsecured tools (such dangerous and unsecured tools being specifically denied) located in any portion of the store including, but not limited to, any and all aisles of the store; failed to take various precautionary measures to protect customers such as Plaintiff from being struck with tools which were hanging in any position in an aisle, and strict proof thereof is demanded at time of trial. By way of further answer, it is specifically denied that Defendant knew, or should have known that there existed any condition involving hanging tools or other products which required precautionary measures of any sort, and strict proof thereof is demanded at time of trial; allowed a dangerous condition to exist, such dangerous condition being specifically denied, on any portion of the premises owned, possessed, controlled and maintained by it; it is specifically denied that any agent or employee of Defendant did bump, or may have bumped, with a forklift truck, the tools and/° A or merchandise near the tools, causing the tools to fall from their dangerous and unsecured position in the aisle, and strict proof thereof is demanded at time of trial. By way of further answer, it is 3 specifically denied that any tools located in any position relevant to the Plaintiffs location in any manner fell, and strict proof thereof is demanded at time of trial. It is further specifically denied that, in the event that any tool did fall, that such a fall was in any manncr caused by any action or inaction on the part of Defendant's agents or employees, and strict proof thereof is demanded at time of trial. By way of further answer, it is specifically denied that any position of any tool displayed on Defendant's premises was in any manner dangerous or unsecured, and strict proof thereof is demanded at time of trial; (f) It is specifically denied that Defendant did allow, or may have allowed, other unsecured merchandise to strike the tools, causing them to fall, and strict proof thereof is demanded at time of trial. By way of further answer, it is specifically denied that any tool fell in any location relative to the Plaintiffs allegations. 8. Denied. The averment sets forth a conclusion of law, to which no response is required. By way of further answer, alter reasonable investigation, the Defendant lacks knowledge or information sufficient to form a belief as to the truth of the averment, and it is therefore denied and strict proof thereof is demanded at time of trial. By way of further answer, it is specifically denied that Plaintiff has in any manncr undergone, at any time relevant to his allegations, pain, suffering, inconvenience, loss of life's pleasures, humiliation and embarrassment, and strict proof of each and every one of these is demanded at time of trial. 9. Denied. The averment sets forth a conclusion of law, to which no response is required. By way of further answer, after reasonable investigation, the Defendant lacks knowledge or information sufficient to form a belief as to the truth of the averment, and it is therefore denied and strict proof thereof is demanded at time of trial. By way of further it is specifically denied that Plaintiff sustained any injury or lost wage or any economic loss of any sort, and strict proof thereof is demanded at time of trial. 10. Denied. The averment sets forth a conclusion of law, to which no response is required. By way of further answer, after reasonable investigation, the Defendant lacks knowledge or infonnation sufficient to form a belief as to the truth of the averment, and it is therefore denied and strict proof thereof is demanded at time of trial. By way of further it is specifically denied that Plaintiff sustained any injury, medical or other expenses of any sort, and strict proof thereof is demanded at time of trial. WHEREFORE, Defendant respectfully request this Honorable Court enter judgment in its favor and against Plaintiffs, together with attorney's fees, costs, and whichever other relief this Honorable Court deems just. LORI A BA I R Y. OWF'S HONIF: C .NTF.RS, INC. 11. Responses of Defendant to paragraphs 1 through 10 of Plaintiffs' Complaint are incorporated by reference as if fully set forth herein. 12. Denied. The averment sets forth a conclusion of law, to which no response is required. By way of further answer, after reasonable investigation, the Defendant lacks knowledge or information sufficient to form a belief as to the truth of the averment, and it is therefore denied and strict proof thereof is demanded at time of trial. It is specifically denied that Plaintiff, John C. Bauer, suffered any injuries whatsoever. It is further specifically denied that Plaintiff Lori A. Bauer has sustained a loss of services, society, companionship and consortium at any time relevant to Plaintiffs' Complaint, and strict proof thereof is demanded at time of trial. WHEREFORE, Defendant respectfully request this Honorable Court enter judgment in its favor and against Plaintiffs, together with attorney's fees, costs, and whichever other relief this Honorable Court deems just. 13. Responses of Defendant to paragraphs 1 through 12 of Plaintiffs' Complaint arc incorporated by reference as if fully set forth herein. 14. If Plaintiff John C. Bauer was present in Defendant's store on or about the time of the alleged incident, Plaintiff John C. Bauer was not present in the area in which any Lowe's employee was operating any equipment including, but not limited to, the equipment identified in Plaintiffs' Complaint, at the time of the operation of such equipment. 15. In the event that Plaintiff John C. Bauer was in the area of operation of any equipment by a Lowe's employee, and such is specifically denied, he knowingly and willingly proceeded into that area despite the open and obvious presence of such operating equipment and knowingly and willingly placed himself in a position where he knew, or reasonably should have known, that he was exposed to potential injury by his proximity to the operating equipment. 16. Plaintiff John C. Bauer was contributorily negligent. 17. Plaintiff John C. Bauer assumed the risk for all of his activities on or about the date of the alleged injury. 18. Plaintiff John C. Bauer's comparative negligence was a substantial factor in bringing about any injuries and/or damages alleged in his Complaint. 19. In the event that Plaintiff John C. Bauer was injured and/or damaged as alleged, which allegations are specifically denied, said injuries and/or damages were caused by the actions and/or inactions of Plaintiff John C. Bauer and/or others over whom Defendant Lowe's had no control nor right of control, including any individuals who were accompanying Plaintiff John C. Bauer during his presence in Lowe's premises. 20. Plaintiff John C. Bauces injuries and/or damages, the existence of which arc specifically denied, prc-existed the incident giving rise to this litigation. 21. Plaintiff John C. Bauces injuries and/or damages, the existence of which are specifically denied, were sustained subsequent to the incident giving rise to this litigation. 22. Plaintiff John C. Bauer was not a business invitee at Lowe's premises on or about the date in question. 23. Plaintiff John C. Bauer has failed to state a cause of action upon which relief can be granted. 24. Lowe's owed Plaintiff John C. Bauer no duty of care under the circumstances alleged in Plaintiffs' Complaint. 7 25. Plaintiff John C. Bauces own negligence, or that of others over whom Defendant had neither control nor right of control were the proximate cause of the injuries and/or damages described by Plaintiff John C. Bauer in his Complaint. 26. Defendant had neither actual nor constructive notice of any alleged defect or condition existing upon any of its premises or within any piece of equipment or other property owned or operated or controlled or maintained by Defendant, any such defects being specifically denied. 27. Plaintiff John C. Bauces own negligence was the proximate cause of any alleged injury suffered by Plaintiff John C. Bauer, which negligence included (a) failing to be aware of the obvious location of any products which were hanging in the vicinity of the area in which Plaintiff John C. Bauer was shopping; (b) not watching where he was going; (c) not reaching into, or out of, the shelving area in a reasonably prudent and careful manner, (d) proceeding in such a way that he himself came into contact with the allegedly hanging tool, thereby striking the tool or causing the tool to fall and strike him; tka` (e) placing himself in a position where the actions of others over whom Defendant had neither control nor right of control, including but not limited to, other individuals such as the individual r, accompanying Plaintiff John C. Bauer, reasonably could be foreseen to result in injury to Plaintiff John C. Bauer, 8 notwithstanding the reasonably prudent efforts on the part of Defendant to display its products. 28. At all times relevant hereto, Defendant acted reasonably and prudently under the prevailing circumstances. 29. Plaintiff John C. Bauer's claims are barred or limited by the Comparative Negligence Act because, 1= alia, Plaintiff John C. Bauer's own negligence exceeded any negligence on the part of Defendant (such negligence on Defendant's part being specifically denied). 30. Plaintiff Lori A. Bauer's claim is derivative and therefore, is barred or limited by the same principles which bar or limit Plaintiff John C. Bauer's claims. WHEREFORE, Defendant respectfully request this Honorable Court enter judgment in its favor and against Plaintiffs, together with attorney's fees, costs, and whichever other relief this Honorable Court deems just. Respectfully submitted, MARSHALL, DENNENEY, WARNER, COLEMAN and GOGGIN ,41-1,) //-V) BY: ? ? f^ David M. Green, Esquire Attorney I.D. #47381 100 Pinc Street, Fourth Floor, P.O. Box 803 Harrisburg, PA 17108-0803 (717) 232-9325 Attorney for Defendant Lowe's Home Centers, Inc. DATE: January _2,y, 2000 9 VERIFICATION DENNIS SWOPE being duly sworn according to law deposes and says that he is STORE MANAGER of LOWE'S HOME CENTERS, INC. - MECHANICSBURG STORE and that he is authorized to take this verification on behalf of LOWE'S HOME CENTERS, INC. and that the facts set forth in the foregoing ANSWER AND NEW MATTER are true and correct to the best of his knowledge, information, and belief. This verification is subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. Dennis Swope DATE: Deeentber _, 1999 Z4004V Jo, 2000 W A\L1AalDD1WLPGMI7s2CFAM15W0.169 CERTIFICATE OF SERVICE 1, CAROL F. WESLEY, do hereby certify that a true and correct copy of ANSWER AND NEW MATTER OF DEFENDANT LOWE'S HOME CENTERS, INC., incorrectly identified in the caption as "Lowe's Companies, Inc.", to Complaint of Plaintiff's, John C. Bauer L'S 2000 at and Lori A. Bauer, his wife, was served upon all parties by first class mail on January the following address: Edward E. Knauss, IV, Esquire METZGER, WICKERSHAM, KNAUSS & ERB 3211 North Front St., P.O. Box 5300 Harrisburg, PA 17110-0300 1 Carol F. Wesley : : ; >. ! ? r :; t ? GV ?.? i Ui _I ?? ?-? . F.: .' - j c:l(L a ` ? c 5 v C .) A ? COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 Civil LOWE'S COMPANIES, INC. CIVIL ACTION - LAW Defendant JURY TRIAL DEMANDED JOHN C. BAUER and LORI A. BAUER, his wife Plaintiffs REPLY OF PLAINTIFF TO DEFENDANT'S NEW MATTER 13. No response required. 14. Denied. The averments of Paragraph 14 are specifically denied and proof thereof is demanded at trial. 15. Denied as a legal conclusion. 16. Denied as a legal conclusion. 17. Denied as a legal conclusion. 18. Denied as a legal conclusion. 19. Denied as a legal conclusion. 20. Denied as a legal conclusion. 21. Denied as a legal conclusion. 22. Denied as a legal conclusion. D"uwnt N.• 168318.1 23. Denied as a legal conclusion. 24. Denied as a legal conclusion. 25. Denied as a legal conclusion. 26. Denied as a legal conclusion. 27. Denied as a legal conclusion. 28. Denied as a legal conclusion. 29. Denied as a legal conclusion. 30. Denied as a legal conclusion. Respectfully submitted, METZGER, WICKERSHAM/. KNAUSS & ERB. P.C. By: ??zd" L Heather L. Harbaugh, Esquire PA Attorney ID. No. 83997 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Date: 02 /D OC Doeww"I Y: W358.I t.. r r ;.rs M1 f'?A. '.plc. CERTIFICATE OF SERVICE. I, Heather L. Harbaugh, Esquire, do hereby certify that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address(es) indicated below by sending same in the United States mail, first-class, postage prepaid: David Green, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 100PineStreet-4 Floor Harrisburg, PA 17101 By: Heather L. Harbaugh, Esquire Attorneys for Plaintiff Do menl M: 168338.1 - ?y e; I l o-3 ¦ CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE HATTER OF: COURT OF COMMON PLEAS DAUER TERN, -VS- CASE NO: 99-6490 LOWE'S HOME CENTERS. INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 HCS on behalf of DAVID GREEN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/18/200D DAVID CREEN, ESQUIRE Attorney for DEFENDANT DE11-195604 32-2.67-1,03. C OMMO NWEA L T H OP P E N N S YLVAN I A COUNTY OP C UM B E KLAN D IN THE MATTER OF: COURT OF COMMON PLEAS BAUER -VS- LOWE'S HOME CENTERS, INC. TERM, CASE NO: 99-6490 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS FAMILY MEDICINE CENTER OF OTHER PA NEUROLOGICAL ASSOCIATES OTHER KILMORE EYE ASSOCIATES OTHER PERETSOHN PROPERTIES OTHER TO: EDWARD E. KNAUSS IV, ESQUIRE MCS on behalf of DAVID GREEN, ESQUIRE intends to serve a subpoena identical to the one that is 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 subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/28/2000 CC: DAVID GREEN, ESQUIRE - 12240-00102 Any questions regarding this matter, contact MCS on behalf of DAVID GREEN, ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET /800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-126405 3 2 1 6 7- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAUER VS LOWE'S HOME CENTER, INC. File No. 99-6490 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO, CUSTODIAN OF RECORDS FOR: FAMILY MEDICINE CENTER OF DILLSBURG Dame of Person or Entity) Within twenty (20) days after serv ice of this subpoena, you are ordered by the court to produce the following documents or things: - CFF ATTAfNFD at MCS GROUP INC., 1601 MARKET STREET, PHILA, PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. l ou have the right to seek, in advance, the reasonable cost of prepuing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NANIE. DAVID M. GREEN,ESQ. ADDRESS: 100 PINE ST., 4TH FL. HARRISBURG PA 17108 TELEPHONE: (215) 246-0900 SUPREME COURT 1D t: ATTORNEY FOR: THE DEFENDENT BY T OU T: DATE: -? )IAA-)r^- - ?.?t CXSr1 Prothonotary/Clerk Civil 90lion P Depu Seal of the Court . EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: FAMILY MEDICINE CENTER OF DILLSBURG 2A BARLO CIRCLE DILLSBURG, PA 17019 RE: 32167 JOHN C. BAUER ss••s••,ss•ss•,s••••.•••sSEE ATTACHED ADDENDUM.'•••••••••••••••••••••• Subject : JOHN C. BAUER 119 WALMAR MANOR, DILLSBURG, PA 17019 Social Security-. 196-56-3362 Date of Birth: 06-20-1961 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE NATTER OF: BAUER -VS- LOWE'S HOME CENTERS, INC. COURT OF COMMON PLEAS TERN, CASE NO: 99-6490 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 NCS on behalf of DAVID GREEN ESQUIRE _ defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07 18 2000 DAVID GREEN ESQUIRE Attorney for DEFENDANT DE11-195605 32-3-67-L.07- COMMONWEAL TIi OF PENNSYI VANIA COUNTY OF C U M B E R L AND IN THE MATTER OF: BAUER -VS- COURT OF COMMON PLEAS TERM, CASE NO: 99-6490 LOWE'S HOME CENTERS. INC. NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS FAMILY MEDICINE CENTER OF OTHER PA NEUROLOGICAL ASSOCIATES OTHER KILMORE EYE ASSOCIATES OTHER PERETSOHN PROPERTIES OTUER TO: EDWARD E. KNAUSS IV, ESQUIRE MCS on behalf of DAVID GREEN ESQUIRE intends to serve a subpoena identical to the one that is 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 subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06128/2000 MCS on behalf of DAVID GREEN ESQUIRE Attorney for DEFENDANT CCs DAVID GREEN, ESQUIRE - 12240-00102 Any questions regarding this matter, contact THE MCS GROUP INC. 1601 MARKET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-126405 32-3-67-COX BAUER COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VS File No. 99-6490 CIVIL LOWE'S HOME CENTER, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: PENNSYLVANIA NEUROLOGICAL ASSOC. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: e:FF ATTAf tlEn at MCS GROUP INC., MARKET STREET, #800, PHILADELPHIA PA 19103 (Addrns) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certiricate of compliance, to the patty making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME DAVID M. GREEN, ESQ. ADDRESS: 100 PINE ST., 4TH FL. HARRISBURG PA 17108 TELEPHONE. (215) 246-0900 SUPREME COURT 1D 0: ATTORNEY FOR: THE DEFENDEIrT BY DATES ?_QCra Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PA NEUROLOGICAL ASSOCIATES 108 LOWTIIER STREET LEMOYNE, PA 17043 RE: 32167 JOHN C. BAUER s.»•satsttsssattst.•=..SEE ATTACHED ADDENDUM.""**aa******es.as Subject : JOHN C. BAUER 119 WALMAR MANOR, DILLSBURG, PA 17019 Social Security A 196-56-3362 Date of Birth: 06-20-1961 SU10-255886 323-67-L.02 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE HATTER OF: BAUER -VS- COURT OF COMMON PLEAS TERM, CASE NO: 99-6490 LOHE'S HOME CENTERS, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 HCS on behalf of DAVID GREEN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/18/2000 DAVID GREEN, ESQUIRE Attorney for DEFENDANT DE11-195606 323.67-7,03 C O MMO NWEA L T H OF P E N N S YL VA N T A COUNTY OF C UMB E RL A N D IN THE MATTER OF: BAUER -VS- LOWE'S HOME CENTERS, INC. COURT OF COMMON PLEAS TERM, CASE NO: 99-6490 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS FAMILY MEDICINE CENTER OF OTHER PA NEUROLOGICAL ASSOCIATES OTHER KILMORE EYE ASSOCIATES OTHER PERETSOHN PROPERTIES OTHER TO: EDWARD E. KNAUSS IV, ESQUIRE MCS on behalf of DAVID GREEN, ESQUIRE intends to serve a subpoena identical to the one that is 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 subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/28/2000 CC: DAVID GREEN, ESQUIRE - 12240-00102 Any questions regarding this matter, contact MCS on behalf of DAVID GREEN, ESQUIRE Attorney for DEFENDANT r ? .r THE MCS GROUP INC. 1601 MARKET STREET /800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-126405 32-3-67-COX COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAUER VS File No. _99-6490 CIVIL LOWE'S HOME CENTER, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 400922 TO: CUSTODIAN OF RECORDS FOR: KILMORE EYE ASSOCIATES (Name of Penon or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: St:R ATTAr•HEn at MCS GROUP INC., 1601 MARKET STREET 0800, PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the pa by making this request at the address listed above. You have the right to seek in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party sen•ing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED ATTHE REQUEST OFTHE FOLLOWING PERSON: NAME. DAVID M. GREEN, ESQ. ADDRESS: 110 PINE-ST.. 4HT . HARRISBURG PA 17108 TELEPHONE (215)246-0900 SUPREME COURT ID P: ATTORNEY FOR: THE DEFENDENT BY TH OU T• DATE: k I. tc' °22t Q006 ? r Prothonotary/Clerk. Civil Pon ¢- Dep ry Seal of the Court EXPI.A,NATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: KILMORE EYE ASSOCIATES 890 CENTURY DRIVE MECHANICSBURG, PA 17055 RE: 32167 JOHN C. BAUER ************************SEE ATTACHED ADDENDUM. Subject : JOHN C. BAUER 119 WALMAR MANOR, DH LSBURG, PA 17019 Social Security A 196-56-3362 Date of Birth: 06-20-1961 SU10-255888 32167-L03 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22'F IN THE NATTER OF: COURT OF COMMON PLEAS BAUER TERN, -VS- CASE NO: 99-6490 LOWE'S HONE CENTERS, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 NCS on behalf of DAVID GREEN, ESQUIRE defendant certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to the certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 07/18/2000 DAVID GREEN, ESQUIRE Attorney for DEFENDANT DE11-195607 3 23.6 7-1, 0 4 C O MMO NWEA L T H OF P E N N S YI-VAN T A COUNTY Or C UMB E R LA N D IN THE MATTER OF: COURT OF COMMON PLEAS BAUER -VS- LOWE'S HOME CENTERS, INC. TERM, CASE NO: 99-6490 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS FAMILY MEDICINE CENTER OF OTHER PA NEUROLOGICAL ASSOCIATES OTHER RILMORE EYE ASSOCIATES OTHER PERETSOHN PROPERTIES OTHER TO: EDWARD E. KNAUSS IV, ESQUIRE MCS on behalf of DAVID GREEN, ESQUIRE intends to serve a subpoena identical to the one that is 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 subpoena. If no objection is made the subpoena may be served pursuant to the applicable Pennsylvania Rules of Civil Procedure 4009.24. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 06/2812000 CC: DAVID GREEN, ESQUIRE - 12240-00102 Any questions regarding this matter, contact MCS on behalf of DAVID GREEN, ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET 0800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-126405 3 2 1 6 7- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAUER VS File No. 99-6490 LOWE'S HOME CENTERS, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: PERETSOHN PROPERTIES (Name of Penon or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at ._ MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things request d by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena, within twenn• (20) days after its service, the party ser-ing this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME DAVID GREEN, ESQUIRE ADDRESS: 100 PINE STREET, SUITE 400 HARRISBURG PA 17108 TELEPHONE (215) 246-0900 SUPREME COURT IDs": ATTORNEY FOR. THE DEFENDANT DATE 1Lsa ?h F .2. r n 'O Seal of the Court EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: PEREPSOHN PROPERTIES P.O. BOX 25 MECHANICSBURG, PA 17055 RE: 32167 JOHN C. BAUER •s.•a...:•ssa.ar.:.SEE ATTACHED ADDENDUM.******saa*****tssssatsas Subject : JOHN C. BAUER 119 WALMAR MANOR, DH.JSBURG, PA 17019 Social Security #-- 196-56-3362 Date of Birth: 06-20-1961 SU10-255890 323.67-L 04 4m CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OF: BAUER -VS- LONE'S HOME CENTERS, INC. CASE Not 99-6490 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DAVID GREEN, ESQUIRE certifies that COURT OF COMMON PLEAS TERM, (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) The parties have waived the twenty-day notice provided in Rules 4009.21 and 4009.22 and, (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATE: 1012212000 CS on ehalf of DAVID GREEN, ESQUIRE Attorney for DEFENDANT DE12-209763 32-3.67-r.05 COMMONFTEIAJLTH OF PENNSYLVANIA COUNTY 01F CUMBERLAND IN THE NATTER OPt COURT OF COMMON PLEAS BAUER -VS- LOWE'S HOME CENTERS, INC. HARRISBURG HOSPITAL HEDICAL TOt EDWARD E. KKAUSS IV, ESQUIRE TEEN, CASE NOt 99-6490 MCS on behalf of DAVID GREEN, ESQUIRE intends to serve a subpoena identical to the one that is 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 subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to MCS or by contacting our local MCS office. DATE: 1010512000 CC: DAVID GREEN, ESQUIRE - 12240-00102 Any questions regarding this matter, contact MCS on behalf of DAVID GREEK, ESQUIRE Attorney for DEPENDANT THE MCS GROUP INC. 1601 HAREET STREET 1800 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-135278 3 2 1 6 7- C O 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAUER VS File No. 99-6490 CIVIL LOVE'S HOME CENTERS, INC. SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC. 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Addre e) You may deliver or mall legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek In advance, the reasonable cost of preparing the copies or producing the things sought. If you fall to produce the documents or things required by this subpoena, within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME -DAV ADDRESS: 1,00 PINE STREET. 4TH FLOOR HARRISBURG PA 17108 TELEPHONE (215) 246-0900 SUPREME COURT ID M: ATTORNEY FOR: THE DEFENDANT DATE 0i24nL4Ep- 21 rOOnn Seal of the Court (Eff. 7/97) EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 111 S. FRONT STREET HARRISBURG, PA 17101 RE: 32167 JOHN C. BAUER Any and all records, correspondence, tiles and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject : JOHN C. BAUER 119 WALMAR MANOR, DILLSBURG, PA 17019 Social Security N: 196-56-3362 Date of Birth: 06-20-1961 SU10-269922 32-3.67-L 05 October 10, 2000 David Green, Esquire Marshall, Dennehey, Warner, Coleman & Gogin 100 Pine Street - 4 Floor Harrisburg. PA 17101 Re: BAuerv. Lowes Dear Dave: 1211 North Runt Street P.O. Box 5900 Herrfnbtug. PA 17110.0300 717.23"IR7 FAA: 717-234-9478 QthernflRea Cdnnlal Park 717-65I.= Mechanlralurr, 717.691.5577 shlppembnTA 71'.330.7515 With regard to your subpoena to Harrisburg Hospital, 1 will waive the twenty-day notice requirement, provided you send me copies of any documents you receive in response to your subpoena. Very truly yours. METZGER, WICKERSHAM. KNAUSS & ERB, P.C. Edward E. Knauss, IV EEK/seh )am.. r. C.111 CdwardC."% ,IV• Jered I. Hlrk Karl R H1ldabmxl• shvcn r. NhIlL•r • Clark DeVen E. Rdph COMMY stev'm ' Courtney Healh'r L Hadmugh Ram, 1. Lafferty, IV David H 61a"mr3ke Andrew' W WrOeet 5tvknC skuff ' LaaS Cn7y4H.•r,dl 1 /:111 el' NrI edlvelfy T0'd 65609t7ZST2TII9II 01 'OHH A3H3tN30'-I-b1-S 14088 v010T 0002-41-1X1 f -59 CL. l c:. CC Q r C7 f CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 IN THE MATTER OFt COURT OF COMMON PLEAS BAUER TERM, -VS- CASE NOt 99-6490 LONE'S HOHE CENTERS, INC. As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 MCS on behalf of DAVID GREEN. ESQUIRE certifies that (1) A notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) A copy of the notice of intent, including the proposed subpoena, is attached to this certificate, (3) No objection to the subpoena has been received, and (4) The subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. DATEt 10125/2000 CS on alf of 01 AVID GREEN. ESQUIRE Attorney for DEFENDANT DE11-214850 323.67-L 05 'I COMMONWEALTH OP PENNSYLVANIA COUNTY 07 CUMBERLAND IN THE HATTER OF: COURT OF COMMON PLEAS BAUER -VS- LOWE'S HOME CENTERS, INC. V Rs HARRISBURG HOSPITAL MEDICAL T0: EDWARD E. KNAUSS IV, ESQUIRE TERN, CASE NO: 99-6490 HCS on behalf of DAVID GREEN, ESQUIRE intends to serve a subpoena identical to the one that is 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 subpoena. If the twenty day notice period is waived or if no objection is made, then the subpoena may be served. Complete copies of any reproduced records may be ordered at your expense by completing the attached counsel card and returning same to HCS or by contacting our local HCS office. DATE: 10105/2000 CC: DAVID GREEN, ESQUIRE - 12240-00102 Any questions regarding this matter, contact HCS on behalf of DAVID GREEN, ESQUIRE Attorney for DEFENDANT THE MCS GROUP INC. 1601 MARKET STREET #B00 PHILADELPHIA, PA 19103 (215) 246-0900 DE02-133x66 3 2 1 6 7- C O 1 'I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BAUER VS LOWE'S HOME CENTERS, INC. File No. 99-6490 CIVIL SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: SEE ATTACHED at MCS GROUP INC, 1601 MARKET STREET SUITE 800 PHILADELPHIA PA 19103 (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek, in advance, the reasonable cost of preparing the copies or producing the things sought. It you fall to produce the documents or things required by this subpoena, within twenty (20) days after its fen ice, the party serving this subpoena may seek a court order compelling you to comply with It. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: DAVID M. GREEN, ESQUIRE ADDRESS:_ 100 PINE STREET, 4TH FLOOR HARRISBURG PA 17108 TELEPHONE: _ _(215) 246-0900 SUPREME COURT ID M: ATTORNEY FOR: THE DEFENDANT DATE: iZt7L8P 3_ e,2000 Seal of the Court (Eff. 7/97) 7 EXPLANATION OF REQUIRED RECORDS TO: CUSTODIAN OF RECORDS FOR: HARRISBURG HOSPITAL 111 S. FRONT STREET HARRISBURG, PA 17101 RE: 32167 JOHN C. BAUER Any and all records, correspondence, files and memorandums, handwritten notes, relating to any examination, consultation care or treatment. Dates Requested: up to and including the present. Subject. JOHN C. BAUER 119 WALMAR MANOR, DEU SBURG. PA 17019 Social Security P. 196-56.3362 Date of Birth: 06.20-1961 SU10-269922 323.67-L.05 c Ln c? x c?a L N ~ i{7 . r`= a R 0 a ?. . ix sil ., f r x rw , x14; AP''o- JAN 19 2001 JOHN C. BAUER and LORI A. BAUER, his wife, Plaintiffs LOWE'S HOME CENTER, INC. Defendant l ?? yU. 61Ole) v COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION TO AMEND COMPLAINT It is hereby stipulated by the parties that Plaintiffs may file an Amendment to Paragraph 7 of their Complaint, which Amendment is attached hereto as an exhibit. AGREED T j BY Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. Attorney I.D. No. 19919 3211 North Front Street P.O. Box 5300 IlarrAura./PA 17110-0300 BY: Marsliall, Dennehey, Warner, Coleman & Goggin 100 Pine Street-4 Floor Harrisburg, PA 17101 Attorneys for Defendant Dated: January 18, 2001 D(ro~ w x: 1954411 JOHN C. BAUER and LORI A. BAUER. his wife, Plaintiffs LOWE'S HOME CENTER, INC. Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDMENTTOCOMPLAINTOF PLAINTIFFS Paragraph 7 is amended to add the following paragraphs: 7.g. Defendant's agent, servant and employee operated a fork lift truck in an aisle of the store and proceeded to stack merchandise on the shelves next to where Plaintiff John Baucr was standing in the aisle, when the employee, agent or servant knew or should have known that it was unsafe and dangerous to do so, and in violation of company policy. Th. Defendant's agent, servant and employee operated a fork lift truck in the aisle and stacked merchandise in the aisle without blocking off the aisle and without having a spotter in the aisle, all of which was required to protect customers such as Plaintiff while the fork lift truck was being operated in the aisle. 71 Defendant allowed heavy tools to be placed on a rack which was bent, or which did become bent by the actions of the fork lift operator, and which were placed at an unsafe height and above the head level of customers such as the Plaintiff, thereby permitting or causing such tools to fall and to pose a danger to customers such as the Plaintiff. tl o wm M: 19144:.1 • -" WHEREFORE, Plaintiffs dcmandjudgment in their favor with costs. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY: Edward E. Knauss, , Esquire Attorney I.D. No. 19919 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiffs Dated: January 18, 2001 Dommrm M: 195442.1 ?a! ?. I=„ C n J C} 1]f ? ? 'S U p (, =ti a . ?t 3{??T _LL?x3i ,:,P r ? %0?-AT1ABUIM4\SI,PCW491nCM2240MI02 JOHN C. BAUER and LORI A. BAUER, his wife, Plaintiffs V. LOWE'S COMPANIES, INC., Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED It is hereby stipulated by the parties that the Defendant may file an amendment to paragraph 7 of its Answer and New Matter, which amendment is attached hereto as an exhibit. AGREED TO: DATED: January 24, 2001 BY: 'Edward E. Knauss, IV, Esquire Metzger, Wickersham, Knauss & Erb, P.C. Attorney I. D. No. 19919 3211 N. Front St., P.O. Box 5300 Harripurg, PA 11110-0300 Atto cysforP) t iffs l BY: vid N}' yi cn, Esquire c, /fvlarshail,Dcnnehey, Warner, ! Coleman & Goggin 100 Pinc St., 4'h Fl., P.O. Box 803; w -, Harrisburg, PA 17108-0803 Attorneys for Defendant t.j .Li JOHN C. BAUER and LORI A. BAUER, his wife, Plaintiffs V. LOWE'S COMPANIES, INC., Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 CIVIL CIVIL ACTION - LAW JURY TRIAL, DEMANDED Paragraph 7 is amended to add the following paragraphs in response to the Amended Complaint of Plaintiffs: 7.g. Denied. It is specifically denied that any agent, servant, or employee of Defendant knew, or should have known, that it was unsafe and/or dangerous and/or in violation of company policy to operate a fork lift truck in the aisle of the store for the purposes alleged in Plaintiff's Complaint at or about the time set forth in Plaintiffs Complaint, and strict proof thereof is demanded at time of trial. Rather, byway of further answer, Plaintiff John Bauer's negligence at all relevant times was the substantial cause of any alleged injury which Plaintiff suffered. 7.h. Denied. It is specifically denied that the safety of Lowe's customers required the blocking off of the aisle and/or the presence of a spotter in the aisle under the circumstances prevalent at the time of any operation of the fork lift truck at the time and in the location set forth in Plaintiff's Complaint, and strict proof thereof is demanded at time of trial. Such customers include, but are not limited to, Plaintiff in the location in which he alleges he was present at the time of his injuries. 7.i. Denied. It is specifically denied that any merchandise was displayed at the Lowc's store at an unsafe height in any manner, including, but not limited to, the manner alleged in Plaintiff's Complaint, and strict proof thereof is demanded at time of trial. By way of further answer, it is specifically denied that the display of any tools by Lowe's was a substantial contributing factor to any such tools falling, and strict proof thereof is demanded at time of trial. It is further denied that the display of any tools by Lowe's in its store posed a danger to customers including, but not limited to, Plaintiff, in any manncr, including but not limited to the manner suggested or alleged in Plaintiffs Complaint. By way of further answer, it is specifically denied that the "rack" on which Plaintiff alleges heavy tools were displayed was in fact bent, or became bent as a result of the actions of any employee of Lowe's including, but not limited to the alleged fork lift operator, and strict proof thereof is demanded at time of trial. By way of further answer, Lowe's denies that any display mechanisms utilized in its store at the time or place of the alleged injury were in any manncr defective, and strict proof to the contrary is demanded. Further, Lowe's specifically denies Plaintiff's characterization of any object or objects as "heavy tools" and specifically denies that more than one item was displayed at any time on the display mechanism as alleged in Plaintiffs Complaint. Respectfully submitted, DENNENEY, WARNER, id GOGGIN BY: Date: Z 'Attomey I.D. #47381 100 Pine Street, Fourth Floor, P.O. Box 803 Harrisburg, PA 17108-0803 (717) 232-9325 Attorney for Defendant Lowe's Home Centers, Inc. 5 Ir U - C..1 r rll. ; i.. ?:. M • t l n r (?.[ i CJ U C) 4s. ?j { n'`I N Ja% rt' {'hv 4: ?p ?l+e W 3': JOHN C. BAUER and LORI A. BAUER, his wife, Plaintiffs LOWE'S HOME CENTER, INC. Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 CIVIL ACTION - LAW JURY TRIAL DEMANDED AMENDMENTTO COMPLAINT OF PLAINTIFFS Paragraph 7 is amended to add the following paragraphs: 7.g. Defendant's agent, servant and employee operated a fork lift truck in an aisle of the store and proceeded to stack merchandise on the shelves next to where Plaintiff John Bauer was standing in the aisle, when the employee, agent or servant knew or should have known that it was unsafe and dangerous to do so, and in violation of company policy. 7.h. Defendant's agent, servant and employee operated a fork lift truck in the aisle and stacked merchandise in the aisle without blocking off the aisle and without having a spotter in the aisle, all of which was required to protect customers such as Plaintiff while the fork lift truck was being operated in the aisle. 71 Defendant allowed heavy tools to be placed on a rack which was bent, or which did become bent by the actions of the fork lift operator, and which were placed at an unsafe height and above the head level of customers such as the Plaintiff, thereby permitting or causing such tools to fall and to pose a danger to customers such as the Plaintiff. thwuwnl 0. 19544' 1 . M WHEREFORE, Plaintiffs demand judgment in their favor with costs. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY: Edward E. Knauss, IV, Esquire Attorney I.D. No. 19919 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Plaintiffs Dated: January 29, 2001 Dom "I M: 19544:.1 ??iV??ys ??4d'sti?a .:.re YN , _. ..-'s•:•,i Y '-x r,?ry„ T ,..m0.M'-?`.S?,Ensrr i»>:.?., r- .v.. -a:v,, .. ., r-.;... ,.. .....,. .._..,.... VERIFICATION I, Edward E. Knauss, IV, Esquire, do hereby verify that the facts set forth in the foregoing Amendment to Complaint of Plaintiffs are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date: Zp'ell Edward E. Knauss, IV, Esquire Attorney for Plaintiffs /laumrnl N: 191!!1.1 5 }i r ' ice t ' . U P 3 C:. O U SYS 4 ???? y y ?.^ .+.5 [ *'W# '.3 L T #51?? ? ) yry F'. {y3? rR y3?` a ,y f,l r , 1 i`r C F?µ? JOHN C. BAUER and LORI A. BAUER, his wire, Plaintiffs V. LOWE'S COMPANIES, INC., Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED Paragraph 7 is amended to add the following paragraphs in response to the Amended Complaint of Plaintiffs: 7.g. Denied. It is specifically denied that any agent, servant, or employee of Defendant knew, or should have known, that it was unsafe and/or dangerous and/or in violation of company policy to operate a fork lift truck in the aisle of the store for the purposes alleged in Plaintiffs Complaint at or about the time set forth in Plaintiffs Complaint, and strict proof thereof is demanded at time of trial. Rather, by way of further answer, Plaintiff John Bauer's negligence at all relevant times was the substantial cause of any alleged injury which Plaintiff suffered. 7.h. Denied. It is specifically denied that the safety of Lowe's customers required the blocking off of the aisle and/or the presence of a spotter in the aisle under the circumstances prevalent at the time of any operation of the fork lift truck at the time and in the location set forth in Plaintiffs Complaint, and strict proof thereof is demanded at time of trial. Such customers include, but arc not limited to, Plaintiff in the location in which he alleges he was present at the time of his injuries. 7.i. Denied. It is specifically denied that any merchandise was displayed at the Lowe's store at an unsafe height in any manner, including, but not limited to, the manner alleged in Plaintiffs Complaint, and strict proof thereof is demanded at time of trial. By way of further answer, it is specifically denied that the display of any tools by Lowe's was a substantial contributing factor to any such tools falling, and strict proof thereof is demanded at time of trial. It is further denied that the display of any tools by Lowe's in its store posed a danger to customers including, but not limited to, Plaintiff, in any manner, including but not limited to the manner suggested or alleged in Plaintiffs Complaint. By way of further answer, it is specifically denied that the "rack" on which Plaintiff alleges heavy tools were displayed was in fact bent, or became bent as a result of the actions of any employee of Lowe's including, but not limited to the alleged fork lift operator, and strict proof thereof is demanded at time of trial. By way of further answer, Lowe's denies that any display mechanisms utilized in its store at the time or place of the alleged injury were in any manner defective, and strict proof to the contrary is demanded. Further, Lowe's specifically denies Plaintiffs characterization of any object or objects as "heavy tools" and specifically denies that more than one item was displayed at any time on the display mechanism as alleged in Plaintiffs Complaint. BY: Date: Z /1? I Respectfully submitted, )DJKd7lVWrc Ls4dirc Attorney I.D. 47381 / 100 Pine Street, Fourth Floor, P.O. Box 803 Harrisburg, PA 17108.0803 (717) 232-9325 Attorney for Defendant Lowe's Home Centers, Inc. MARSHALL, DENNENEY, WARNER, . CFRTIFICATF OF SRRVI . 1, David M. Green, Esquire, of the law firm of Marshall, Dcnnchey, Warner, Coleman and Goggin, certify that a true and correct copy of the foregoing Amendment to Answer of Defendant was served upon all parties by first class mail on the y day of February, 2001 at the following addresses: Edward E. Knauss, IV, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P 3211 N. Front St., P.O. Box 5300 Harrisburg, PA 17110-0300 <ti? = a a• t J +er} t t y( ?' Z1? cz r. rv in w ?,u Ci k` f ; rV, yr$+?k ' yam: t s. TS +tt PRAECIPE FOR LISTING CASE FOR TRIAL (Must. be typewritten and nuhnittal in duplicate) TO 711E PKMIONDTARY OF CLMLRLAND COUNTY Please list thn following cnnel (Check one) ( x ) for JURY trial tit tho next term of civil court. ( ) for trial witlmut a jury. ------------------------------------------ CAPTION OF CASE (entire caption nest be atated in full) (check one) ( x) Civil Action - Law John C. Bauer and Lori A. Bauer, Ilia Wife, (Plaintiff) VS. Lowe's Companies, Inc. (Defendant) Vs. ( ) Appeal from Arbitration l ) (other) The trial lint will be called on 10/9/01 mul Trials continuo on 11/5/01 11mtrinlo will be hold on 10/17/01 (Briefs are due 5 days before protrials.) ('11xe lxirty listing this case for trial shall pnwido forthwith a copy of the praecipe to till Lounnol, pursuant to local Rule 214.1.) M). 99-6490 Civil LAW 1999 Indicate the attorney wlx-) will try vnae for the party who files this praecipat Edward E. Knausa, IV, Esquire, for Plaintiff Indicate trial munnel for otho r luirtten if known David M. Green, Esquire for Defendant This caao in ready for trio Ikitoi Auwiat-9, 2001 ._ Attorney fort Plaintiff Print Kmu: Edward E. Knausa, IV ii7 LLI'i. 0 ?n El: w n V O rtr hfn i, JOHN C. BAUER and LORI A. BAUER, I?is wire, Plalnlifrs COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 CIVIL V. LOWE'S COMPANIES, INC., Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED WITHDRAWAL OF APPF.ARANCF. TO THE PRO'I'I IONOTAl(Y: Kindly withdraw the appearance of the undersigned on behalf of Defendant, Lowe's Companies. hu„ with respect to the above-referenced matter. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN BY: David M. Green, Esquire I.D. No. 47381 4200 Crums Mill Road, Suite B Harrisburg, PA 17112 (717) 651-3502 DATE: f /2111), JOHN C. BAUER and COURT OF COMMON PLEAS OF LORI A. BAUER, his wife, CUMBERLAND COUNTY, PA Plaintiffs NO. 99-6490 CIVIL V. CIVIL ACTION - LAW LOWE'S COMPANIES, INC., Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE i I, Angela Sanger, an employee of Marshall, Dennchey, Warner, Coleman & Goggin, do I, hereby certify that on this "1')- of September, 2001, 1 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Edward E. Knauss, IV, Esquire METZGER WICKERSHAM 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Angela Sanger r?- t .L , aj Cam! I c ,t. LV; vt 'rlp. -? a v >? r -111 JOHN C. BAUER and LORI A. BAUER, his wife, Plaintiffs V. LOWE'S COMPANIES, INC., Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Lowe's Companies, Inc., in the above-captioned matter. BY: MARSHALL, DENNEHEY, WARNER, COLEMAN & nOGGIN MATTHUN UOVkEYS, I.D. No. 6080 4200 Crums Mills Road, Suite B Harrisburg, PA 17112 (717) 651-3501 Attorneys for the Defendant DATE: It L tI'? 01 JOHN C. BAUER and LORI A. BAUER, his wife, Plaintiffs V. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 CIVIL CIVIL ACTION - LAW LOWE'S COMPANIES, INC., Defendant JURY TRIAL DEMANDED CERTIFICATE OF SERVICE 1, Angela Sanger, an employee of Marshall, Dcnnehey, Warner, Coleman & Goggin, do hereby certify that on this 1154- day of September, 2001, 1 served a copy of the foregoing document via First Class United States mail, postage prepaid as follows: Edward E. Knauss, IV, Esquire METZGER WICKERSHAM 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Angela S nger ' • r .]:i= Cam: u: Ilululd Jql ,Caw011V OOZ jay ano :alga Al Ss ON •3 plempg :awnN Mud :pau9tS Inu) Joj fpaaj sl asua sRU 014 e :uMOu% ;T eaTaagd aagao so; Taaunoo TeTaa aagOTpuI a M M 011=9a 'AI senvuX a M :adToagad DTga eaTT; oqM Aaard aqa ao; aaea Ajq TTTM oqM Aauaoaar aqa aasnTpuI --T6-62 - ice TTATJ 49-, 'ON ' I •bI Z alns leaol of luunsmd'lasunoa Ile o) adlaaeld aql jo Adoo a q)Ie?guod aptnold pegs Iuu) aoj osea slgl 9upsll Aped aq.L •sleu)aId alojoq slap 5 onp an sjaufl •ZOOZ 66 'uef uo plag aq lpm sluulald 'ZOOZ'8Z •uuf Uo aauawwoa sleu,l, • I OOZ `I £ Iaqulaaaa uo palloa aq Illm 1s!l luul aq.L (aagao) uoFagaaTgaV woa; TraddV ( ) (augpua;aa) 6A " ONI 'S3INVdWOD S,3M04 *GA a3TM 9T4 'tuna 'V I cYl pug H3nve 'D HHOD (J;TIUTeTd) mvq - UOTIOV TTATD ( X ) (auo Xoago) (TTn; UT paagae aq aanw UOTadro aaTaua) 3SVD d0 HOLLM ---------------------------------------------------------------- -Aan? r 4notpTM TrTaa ao; ( ) aanoo TTATO ?0 waaa axau aqa ag TLTaa Mar 20; ( X) (Quo Xoaga) :asgo buTMOTIO; aqa aeTT aaraTd :ASNIIOD aNV'Ie3eWI13 30 AWLONOHSOItd 3Hd. 01 (9190TTdnp uT paaaTwgna pug uaaaTamadAa eq aanw) I PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 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 must be stated in full) JOHN C. BAUER and LORI A. BAUER, his Wife vs. LOWE'S COMPANIES, INC., va. (Plaintiff) (Defendant) (check one) ( X ) Civil Action - Law ( ) Appeal from Arbitration (other) The trial list will be called on December 31, 2001. Trials commence on Jan. 28, 2002. Pretrials will be held on Jan. 9, 2002. Briefs are due 5 days before pretrals. 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. _99-6490Civil -.ko3t_ 1999 Indicate the attorney who will try case for the party who files this praecipe: Edward E. Knauss. IV. Eaauire Indicate trial counsel for other parties if known: a thew Owens. Ee i This case is ready for trial. Signed: L'ze,' ''4-/ ?'.G . Print Name: Edward F.. Knauss. IV Date: November S. 2001 Attorney for: Plaintiff rf , .4 mi'l' .??. , Li: 4 ?s G r) a. { l it S y Si s { • 1• I j` CURTIS R. LONG Prothonotary 0c. 4 u . Cumberland County One Courthouse Square r- ,y JAN t B'0 2 Carlisle, PA 17013 r METER a 7113000 U. S. PO5TAOE t _fqR P. D. &)(93 a 6 ? INSUFFICIENT ADDRESS ? OTHER ? 0 TTE S itEO NOT KNO E 0 NOT OELIVERU BE ABLE/A5RAOORESSED O U -11 A L BE TO FORWARD S 01/18/2002 18:12 FAX 7172349478 VWM HCB PA IM003/003 JOHN C. BAUER and i LORI A. BAUER, his wife, Plaintiffs, LOWE'S COMPANIES. INC. Defendant. COURT OF COMMON CUMBERLAND C:UUP NO. 99-6490 CIVIL CIVIL ACTION - LAW JURY TRIAL ,FA OF i f'll ORD$ 2 AND NOW THIS,1-0 DAY OF JANUARY, 200 , IT IS Hten Y ORDERED that the above case is continued from the January 28. 2002 trial term and is off of the trial list for that week, in vicjv of the stay of procccdings which ie in effoet for all Las, including the above, where Reliance Insurance Company is the carrier for a party to the Il?igation. The case may be re-listed for trial by any of the parties. BY THE COURT JOHN C. BAUER and LORI A. BAUER, his wife, v. Plaintiffs, LOWE'S COMPANIES, INC. Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 99-6490 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED. POINTS FOR CHARGE ON LIABILITY ONLY SUBMITTED BY PLAINTIFFS Plaintiffs request the Court to charge the jury on liability by charging on the following Pennsylvania Suggested Standard Civil Jury Instructions: 2.01, 3.02, 3.25, 4.00, 4.02, 4.04, 7.00, 7.OOA, and 7.OOB. Respectfully submitted, METZGER, WICKERSHAM. KNAUSS & ERB, P.C. 5111 Edward E. Knauss, IV Attorney I.D. No. 19199 3211 North Front Street 11.0. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Dated: /- / y 0 Z CERTIFICATE OF SERVICE 1, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs John C. Bauer and Lori A. Bauer, hereby certify that I served the foregoing Points for Charge on Liability Only Submitted by Plaintiffs this/yf"day of January, 2002, by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Matthew L. Owens, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 4200 Crums Mill Road Suite B Harrisburg, PA 17112 lhx-uwnl M; :1819V.1 2 J. •- r? ?, :~ ..7 •'? ? ? ?_` ta. ..t ?'J j :1' '?:) ?.. l viii) t:.. ?t '? o v C C n 'E .i y ,- A Rlc,le NAl DnmNSm Lm(:AiioN LA%%, FIRM A P a o r r r f m o N A t C o A r o A A T 1 o m 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 (717) 651-3500 • Fax (717) 651-9630 Direct Dfal: 717-651-3501 Email: mmvens@irndwcg.com January 14, 2002 The Honorable George E. Hoffer Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 John C. Bauer and Cori A. Baucr v. Lowe's Companies, Cumberland County CCP, No. 99-6490 Our File No. 12240-00102 Dear Judge Hoffcr: ray .WA MtNk fAhkNUVn NuN. Newtmmn Nurrmwaav„ S 1. ?'IIW1n,m,n Nn)uen (Terry NW w..r rawaNu ata+a One heuraA lamp, Tpp As you know, the undersigned counsel represents Lowe's Home Centers, Inc. in the above-captioned matter. We held a pre-trial conference before Your I Inner on Wednesday, January 9, 2002. 1 raised the issue of the bankruptcy of the carrier for Lowe's in this case and the fact that a bankruptcy stay was in order and had been extended over the trial term for which this case is currently listed. Your I lonor had requested a copy of that Order. I enclose a copy of the Order. As you can sec, there is a formal bankruptcy stay in place for all cruses in which Reliance Insurance Company is obligated to indemnify and/or defend. I also attach a copy of the declarations page applicable to the policy period in which the incident in this case falls which clearly shows that 1 am obligated by virtue of the Court Order to abide by the stay and take no actions whatsoever in this case including trial depositions, subpoenaing individuals and/or witnesses for trial, and, of course, trying the case. I have discussed this Order and the ramifications of the same with Ted Knauss, Esquire, counsel for the Plaintiffs. We have already canceled the deposition of Dr. Samuels and most likely will be canceling the deposition of Dr. Mci with the hope of rescheduling if we are unable to settle the matter. Counsel at this point would like to discuss with you your interpretation of the Order. I am requesting that this case be stricken from the trial list and placed on the next available list, of course, after the bankruptcy stay has been lifled, again assuming the parties are unable to settle the case. 1 would be more than happy to participate in a teleconference with Your Honor and Mr. Knauss at your convenience. We would like to do so as soon as possible so that we can advise parties and witnesses of a continuance under the Order. 4 ?Yw ?w Prothonotary January 14, 2002 Page 2 1 look forward to hearing from the Court. Your attention and understanding is sincerely appreciated. Respectfully, MATTHE L. W 4 X MLO/acs enc. cc; Edward Knauss, IV, Esquire \0S_A\LIAa1ML0\CORR\H691 RACM12240W102 01/11/2002 10:40 FAX W002 IN THE COMMONWEALTH COURT OF PENNSYLVANIA M. Diane Koken, Insurance Commissioner of the Commonwealth of Pennsylvania, Plaintiff V. Reliance Insurance Company, Defendant ?i G r ^ c o O : No. 269 M.D. 2001 IN RE: Petition to Intervene of the PA Property and Casualty Insurance Guaranty Association; and the Emergency Petition'of the PA Property and Casualty Insurance Guaranty AssociationTetition for Stay ORDER AND NOW, this 28'? day of December 2001, having considered the uncontested petition to intervene filed on behalf of the Pennsylvania Property and Casualty Insurance Guaranty Association, said petition to intervene is GRANTED, and the Pennsylvania Property and Casualty Insurance Guaranty Association is permitted to intervene for-the limited purpose of seeking a stay of proceedings. Upon consideration of the Pennsylvania Property and Casualty Insurance Guaranty Association petition for stay of proceedings, said petition is GRANTED as follows: 1. A thirty (30) day stay is entered, from January 2, 2002 through February 1, 2002, in all proceedings in which Reliance Insurance Company, 01/11/2002 10:48 FAX igjuui including its subsidiaries as defined in paragraph 27 of the Order of Liquidation, is obligated to defend any party in any court of this Commonwealth. 2. A thirty day stay is entered, from January 2, 2002 through February 1, 2002, with respect to suits and other proceedings pending outside the Commonwealth of Pennsylvania, or in the federal courts of the United States, in which the Pennsylvania Property and Casualty Insurance Guaranty Association is obligated to defend Reliance Insurance Company as a result of the liquidation of Reliance Insurance Company. By this Order this Court requests comity in the imposition of a thirty day stay by such courts or tribunals, and that those courts afford this Order deference by reason of this Court's responsibility for supervisory authority over the liquidation of Reliance Jnsurance Company, as vested in this Court by the Pennsylvania legislature. FURTHER, the Pennsylvania Property and Casualty Insurance Guaranty Association is hereby directed to serve a copy of this order, forthwith, upon all parties listed on the master service list via U.S. mail, fax and/or e-mail and to file with the court in the Office of the Prothonotary, 9a` Floor the Widener Building, 1339 Chestnut Street, Philadelphia, PA 19107, by 1:00 p.m. December 31, 2001 an affidavit, that service, as outlincd above, has been effectuated. JAMES GARDNER COLINS, Judge 01/14/2002 12:49 FAX 704 921 2841 SRS/LOBES woos Reliance C 1 Reliance insurance company Philadelphia. Penn"arua r 9 Reliance National Insurance Company Home ofnce.w9mington. Delewue Admits W adw Ofna . New York. New York a Untied Pacific Insurance Company Philadelphia. Psnro"anla I? 2 Reliance National Indemnity Company Home office. Madison, Yd seonam Admini W"Offlee • Philadelphia. Penneylrws Coverage is provided In the company designated by Number. Each Is a Stock Insurance Company, herein called the Company. This endonemem, effective 12:01 a.m. Standard Time. 4-1-99 Forms apart of policy number. NM 0135837-01 Issuedto: I0WE1S CCMpANIES, INC. BY. RELIANCE NATIONAL INDEMNITY- CWANY RENEWAL CERTIFICATE Named Insured: EOV S COMPANIES, INC. Melling Address of Named Insured: HIGHWAY 268 EASP NORTH WILIKIrSBORO, NC 26659 PollcyNo.: NO 0135837-02 Renewal Period: From 4-1-99 to 4-1-00 at 12:01 A.M. Standard Time atthe Named Insured's Malang Address shown above In consideration of the Premium stated hereln.thls Policy is renewed for the Renews Period shown above atthe same terms and conciftlons as the expiring Polley excor as Indicated below: 1. Coverage: CMTMRCM GENERAL LIABILITY 2. Premium for Renewal Period: E PREMIUM CaVIIIATION Premium e rr<mvtrr 3. Limits: AS PEEIMPYPTRTW, _ 4. Endorsement changes: SEE GU207 - DICORSHWIT #46 This Endorsement is not valid unless coumenigned by a duly authoriza representative of the Company. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGI 1700'MAM= ST. Issued at PHIIA., PA. Data 4/1/99 Authorized Represematlve 01/14/2002 12:49 FAX 704 $?1 2841 SRS/LORBS Reliance Na...anal Indemnity COmpSpy A Rdlance Group Holding Company yAffma Once: Madison, Wlsconsin 4tkv Eve ONbe- 77 Water Street. New York, rN 10005 lyoou NM 0135837-00 Renewal of New • Adm e COMMERCIAL LINES POLICY COMMON POLICY DECLARATIONS Srate, Zp) Producer Code, Name and Address Named hosed and P.O. Address (NO. Surer, Town, Co"' uR 4-25-97 Lowe's Corrpanies, Inc. (See Endt. 11) 80464 80464 6 PR 4-25-97 Inc. Marsh aLennan North rth W268 East 100 North Tryon St. , Suite 3200 o11kn>_SbOro, K 20659 charlotte, NC 28202 Attn: Mr. M. Steven Crew, VP PC" PaAod From 4-1-97 To: 4-1-98 st 1201 A.M.. Standard T1ma at your marling address Shown shove. 6uakwss Description; Bldg. material Dealer IN FI W FOR T PAYMENT OF THE ATM. wAND SS l1 POLICY. O ALL ? TERMS OF THIS POLICY. MYE ADREE WITH TM POLICY Coto= OF THE F(XMV LNG COVERAGE PARTS FUR WHICH A PR9+OUM RR INDICATED. THIS PR9WM MAY OF SUBJECT TO 11D. LWMENT• p1iEMIUM Commercial Property Part Commercial Ger eW Uablilty Coverage Pan Commercial Crima Coverage Pan Commercial inland marine Coverage Pan Commercial Automobile Coverage Pen S NOT COVERED S JIW S NOT COVERED S Wr COVERED S Nf7P COVERED S TOTAL S at inception: S 181 Ant4yerwy: $ 2nd Arrhers" Fam(s) and Endorsomem(s) made a pan of this policy at time of Issue': Premium shown is fyryWm S - Omits applicable Forms and Endorsements N slwwn in specl9c Coverage ParVCovera96 Form Dedaralons. IN WETNESS WHEREOF. the Company has c3used 0" Po" W be eaeouted and attested. and, d requited by slate law. U" poky shal rot be valid unless coumcmignad by a d'Oy authorized representative o1 the company. Seaver y 0 Date Counwmigned by Aldrortred Representadre KpAOE hurt 'i OOVFM Mat: OruAAATeoNS Toacrnan wrTN ne eoNNON rmm OONO'oks. 00ftLTE 1TtE Aaovt: Nuemc low meerxo Oi fort OOVFAFOi e'aarR O FOWS ANO [NOOntOan. ¦ Am. issuto To FO1W A Port iNEAW COUrt ? 060 1ea? leas NduaA ,Pkl ah d MMOW al Mwrenwr Gemk" OnIcK 1, with as P""',"'w" r."P7,4 . RN 00 rose 01 0496 01/14/2002 12:50 FAX 704 921 2841 SRS/LOBES COMIRCIAL GENERAL LIABILITY Cc*RAGE PART K,B 0135837-00 DECLARATIONS wniwen df Nvmt t allcy N6mber New amed Insured and Maling Address (No. Street. Town of City. County, State. 73P Coda mews Catparties, Inc. (See Mdt. N1 ) ighsmy 268 East )rth Wilkesboro, NC 28659 olicy Period From 4-1-97 to 4-1-98 at 12:01 A.M. Standard Time at your mailing address shown above. 10 007 4 RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE 4TH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POUCY. IMMS OF INSURANCE general Aggregate Unlit (Other Than Products - Completed Operations) $ 51000,000. roduCs • Completed Operations Aggregate Limit $ 5,000,000. atsonal and Advertising Injury Limit $ 1,500,000. 'ach Ira ? LJtr4I Dame Limit $ 115000000. Arty One Fire l dD0 e rxlkxi Expense Limit 400,00-. r ud0 WA Any One Person IETROACTIVE DATE (CO 00 02 only) :overage A of this Insurance does not apply to 'bodily injury or "property damage' g)t)* occurs before the Retroactive )ate. I any shown. here: (Enter Date or 'Nona' n no wtroaWn Date appGes) None )ESCRIPTION OF BUSINESS AND LOCATION OF PREMISES 'omn of Business- 0 Individual O Joint Venture O Partnership ® Organization (Other than Partnership or Joint Venture) lusiness Description •: Bldg. Material Dealer .ocation Of All Premises You Own, Rent or Occupy. 1S PER SCHMX iB ON FILE Wrlli THE COMPANY sREMIUM Rate Advance Premium Classification Code No. Premium Basis Pr/Co All Othei Pr/CO All Other Retail Trade 1"11. Composite Rated 9ENRNW Total Advance Premium $?. Premium shown is payable •: s ININW, at Inception; S 1st Anniversary: $ 2nd Anniverseq FORMS AND ENDORSEMENTS Forms and Endorsements applying to this Coverage Part and made part of this policy at time of Issue '•: See GU 207-E ndt. 12 Countersigned: By Autftoniad wpesefnatrw • Entry optional Y shown N Cafunon Polky Declaratiort>_ •• rirtrts and lStOvsenNMS appouMe to M owenge Pot ofnMed M shown elsewhere M the poky. TnfESE DECtAPAT10N8 AND n E COMMON POLICY DerX/IRI1TIotm r AmicADLE. TOGeTmm WITH THE commoN POLI(,1f OONOn1om COVO M! POF#A(S) AND FORMS AM QAORSVAeWS. F ANY. ISSUED TO FORM A PART TH0%r-OF. COMPLETE THE ABOVE Nl1MIMM POUC% u"Idae mpyrlpMed matedal of Insolence BaMoa Otaoe. Nq %a ft he pefmlaNon. Copyright. Murence'SwOom Of on. Into. 19M lase JOL 1e0CO-0 (Ed. 1140 01/14/2002 12:50 FAX 704 021 2841 SRS/LOR'ES 141008 Reliance EMPLOYEE BENEFIT LIABILITY COVERAGE PART DECLARA61110NS **EFFECTNE POLICY NUMBER POLICY PERIOD AGENCY NUMBER NGS 0135837-00 NAMED INSURED 4-1-97 TO 4-1 4 Lowe's Cagxnies, Inc. THIS IS A CLAIMS-MADE COVERAGE PART- READ YOUR POLICY CAREFULLY THIS ENDORSEMENT PROVIDES SUPPLEMENTARY INFORMATION TO BE USED WITH THE FOLLOWING: EMPLOYEE BENEFIT LIABILITY COVERAGE FORM. LIMITS OF INSURANCE Aggregate Limit Each Employee Umft* $ 5,000,000- $ 1,500,000, *Subject to the Aggregate Limit Coverage Form Applicable: GL 00 R033 Deductible Amount $ S00,000. Each Employee Retroactive Date Section 1 of this Insurance does not apply to negligent Acts, Errors or Omissions which occurred prior to the retroaCM date. It any, shown below: Retmtdlve Date: Covered employee bene& programs other than those listed in Section VII Definitions: ter.,. Premium Computation: Estimated No. of Employees Estimated Premium 7W $ Incl. The following form a part of this coverage part at Issuance: GL 00 8033 Employee Banord Liability Coverage Form $ Minimum Premium co 71= I= GL 00 Pan 00 eeel January 14, 2002 U 0 BY HAND Curt Long, Prothonotary County of Cumberland Courthouse One Courthouse Square If I Pp* r v. Lowe's Law Action No. 99-6490 ZQ ,o• Enclosed for filing are Points for Charge on behalf of plaintiffs on liubility only p Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 1 Y Edward E. Knauss, IV EEK/seh Enclosure / cc: Honorable George E. I loffer (%v/enc.) V Matthew L. Owens, Esquire (w/encl.) Aximem N- .1187991 3 3211 North Fnmt Sint C0.6or SW I larrisbu% IIA 17110-03110 717.238.8187 Par: 717.234.9478 (11hCE-OHI of Colonial Park 717-65241120 Mechanicsburg 717-691.5577 Shippcnsburg 717.3.30.7515 _ F6,F- .James Edward E. Knauss, IV' jerd L.Ilock Karl R. Hildebrand' Steven C Miner Clark DLVere E. Ralph GOIrey ' Steven C. Courtney Francis). Lafferty, IV. Vavid H. Martineau Andrew W. Nodleet Ste%em C. Skoff - Mclism L. Van Eck Andrew C. Sixars Young-Suh kan • 14urJ GrtifvJ in ot'd rrxJ 4rt• anJ alnxsy by I/M Valxmal ll.uM rJTrwl Mh.swy - JOHN C. BAUER and LORI A. BAUER, his wife, Plaintiffs, V. LOWE'S COMPANIES, INC. Defendant. COURT OF COMMON PLEAS OF .. CUMBERLAND COUNTY, Pk- NO. 99-6490 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED. POINTS FOR CHARGE. ON LIABILITY ONLY SUBMITTED BV PLAINTIFFS Plaintiffs request the Court to charge the jury on liability by charging on the following Pennsylvania Suggested Standard Civil Jury Instructions: 2.01, 3.02, 3.25, 4.00, 4.02, 4.04, 7.00, 7.OOA, and 7.OOB. Respectfully submitted, Dated: /- / • 0 Z METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Edward E. Knauss, IV Attorney I.D. No. 19199 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717)238.8187 Attorneys for Plaintiffs CERTIFICATE, OF SERVICE 1, Edward E. Knauss, IV, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiffs John C. Bauer and Lori A. Bauer, hereby certify that I served the foregoing Points for Charge on Liability Only Submitted by Plaintiffs thiw'7" day of January, 2002, by depositing the same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Matthew L. Owens, Esquire Marshall, Dcnnchey, Warner, Coleman & Goggin 4200 Cruets Mill Road Suite B Harrisburg, PA 17112 Edward E. Knauss, IV Dorunwnt 0: 218799.1 2 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 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 must be stated in full) (check one) JOHN C. BAUER and LORI A. BAUER, his Wife VS. LOWE'S COMPANIES, INC., VS. (Plaintiff) (Defendant) ( X ) Civil Action - Law ( ) Appeal from Arbitration (other) The trial list will be called on February 12, 2002. Trials commence Mar. 11, 2002. Pretrials will be held Feb. 20, 2002. 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. 99-6490 Civil Law 19 99 Indicate the attorney who will try case for the party wha files this praecipe: Edward E. Knauss, IV, Esquire Indicate trial counsel for other parties if known: Matt eww L. Owens Esquire This case is ready for trial. Signed,"' Print Name: Edward E. Knauss. IV Date:-January 15, 2002 Attorney for: Plaintiff rn . iv ? r. u ? J y r- CL. a . a k e; f 4h?;r JOHN C. BAUER and LORI A. BAUER, his wife, v. Plaintiffs, LOWE'S COMPANIES, INC. Defendant. COURT OP COMMON PLEAS Of CUMBERLAND COUNTY, PA t. NO. 99-6490 CIVIL CIVIL ACTION - LAW JURY TRIAL DEMANDED. 0 N ORDER AND NOW THIS 00 DAY Of JANUARY, 200' , IT IS I IEREBY ORDERED that the above case is continued from the January 28, 2002 trial term and is taken off of the trial list for that week, in view of the stay of proceedings which is in effect for all cases, including the above, where Reliance Insurance Company is the carrier for a party to the litigation. The case may be re-listed for trial by any of the parties. 0.tt? 0We4S CoP;?s a?? c? of-? •0z' ?ixS 7 BY THE COURT Judge IlWN-T?b January 15, 2002 BY FACSIMILE AND REGULAR MAIL Honorable George E. I loffcr President Judge, Court of Common Pleas for Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Bauer v. Lowe's Civil Law Action No. 99.6490 Dear Judge floffer: 3211 North Pnmt Stnvt W. IAir 530(1 Harrisburg, PA 17111M)NX) 717.2W8187 1:u: 717.2-14.9478 Other-Offices Colonial Park 717.652ao20 MmItanioburg 717.01.5577 Shipivir,burg 717•511)•7515 As discussed with your office today, 1 am faxing an Order for your signature, since both parties agree that the Stay Order of the Commonwealth Court applies to this case and that the trial cannot proceed. 1 am sending original of the Order to you by mail. Thank you for your cooperation. Very truly yours, METZGER. WICKERSHAM, KNAUSS & ERB, P.C. Edward E. Knauss, IV EEK/sch Enclosure cc: Matthew L. Owens. Esquire (%v/encl.) Davmenl 4::1X7991 Jame, r. Carl L'dw.vd E. Knauss, n'• lent[ L. I hw'A Karl K. I lildabrand• Steven 1. %finer Clad Ih•1'en• E. Ralph Gwlfnq sieren C. courtner Prmci, I. Uffertst IV [)arid If. \lartineau Andwiv l1•. Nurtl,rt Steven C. SAu6 Melis,a I.. Van 1A Andrew C. Sivars )'aung.suh Ktxl itW'd C. IF0411 '"I Nit 1'.1 W.. ,0 a.ln? "V N Ur San.mJl h.ml 41rW AInva.4 01/15/2002 18:12 FAX 7172949478 HWKAE HGB PA W002/003 January 15, 2002 BY FACSIMILE AND REGULAR MAIL Honorable George E. Hoffer Prosidcnt Judge, Cotul of Couuuult Pleas for Cumberland County Courthouse C One Courthnime Sgnarr. Carlisle, PA 17013-3387 Re: Bauer v. Lowe's O Civil Law Action No. 99-6490 Dear Judge Hoffer: 3211 North F=t Street P.O. Box 5300 Harrisburg, FA 1711OV3W 717.7388187 Fax: 717.2349478 adunNlaa Colonial Park 717652.7020 medunoow8 717717-01-55" 77117,530.7515 As discussed with your office today, I am faxing an Order for your signature,! since both parties agree that the Stay Order of the Commonwealth Court applies to this case: and that the trial P cannot proceed. i am sending nriginnI of the (.baler to you by mail. Think you for your cooperation. Y Very truly yours, METZGER, WICKERSSHHAM, KNAiISS &.. FRR, P.C. Edward E. Knauss, IV EEK/seh )enclosure cc: Matthew L. Owens, Esquire (Wencl.) Damomr A: 218799.1 trwkwoula to erwu?unars? Tama F. Carl Edward E. Knava% M Lead L I Tod: Karl R NldabruW Stem P. bfimr Clark Doyen: E Ralph Godfrey ceevan r- cmenvy Frands 1.lafferry N David tt Atart mI Andmw W. Nodleat St mm C Skoff lQ.a.sa l-Van lick Arulmw SuhSpaua • Ua d Grnfi. ho mW 01/18/2002 18:12 FAX 7172349478 YWUE BGB PA rACStM[LE TRAN§MITTAL SHSFSC DATE: 4z2S1Q2.,, TO: FROM: RE: NO. OF PAGES (INCLUDINGTHIS PAGE): . T1ME: ?? /S?{, __ nv. Irmo mawarmla taeoa?a b w Y=dm h aalcly prgbmbca trym tadae dwalOW rrwWgv so us stb ms*ym 0001/003 3211 North Front Sheet P.O. Box 5100 HArri3Wr& FA 17110-0300 717.238.8187 Fm 717-234-9478 nihernfem Col"I Park 717452.7020 Mectumictburg 71im-sm 7?17T 75u &adou tv ,ro plow toed gcnfx. Jamm F. Carl Edward EKnaves W lend L Hock Karl x. Flildabram. ,40~ FrArm Cluk DeVem E Ralph Ca" Seven G Cauaw'y Fmr.ds J. UOarty3V David H. Mardmau Andrew K Norflast Stevan C Skoff MaLLea L Vai Uk Andrew C Spoon Yow0uh o • loud t e"m M dv4 n;dlaw ear r= by 66 Nau...t 8 . 26=1o, Jan-14-2002 05:04 From-MARSHALL DENNEHEY +7172321646 T-356 P.001/006 F-T66 MAItsFIAY-r DINNEI-W WARNER COLEMAN & GOGGIN A F t o r t a a t n t1 A L G U a r n - • T t e q w,rN,marehelkicar4bgyya 4200 Crams Nil Road, Suite B, Harrisburg, PA 17112 FACSIMILE TRANSMISSION SHEET TOt CONOANY: TELTITHONIR FAXN1JM11EIt(S)t Honorable George Hoffer Cumberland County 240-6462 Courthouse ATTORNEY: OURFILE#:12240.00102 DATE: 01/14/02 CASE NAME: Bauer v. Lowe's ORIGINATORt Angela CLAIM H: NT M F.R OF PAGES: I (including cover page) IF rOPY IS ILLEGIBLE OR INCOMPLETE PLEASE CALL (717) 651-3500IMMEDIA TELYFOR RET.RANSMISSION OUR FAX NUMBER IS: (717) 651-9630 `CONFIDENTIALITY NOTICE*** The docummis accomganyins this teleenpy ttarismittion contain Infomrtlon from the law firm of Marshall, Dennehy, Wemar, Wernan & Ooggin which it rnn lGl.nrl-1 andtw leplly pn.i4gM. TMs Infornittion is mt.nd-d only for dw tax of the individual a entity tut„N tm ddt oun mtufon sw. Ifyou am twt the intended recipient. you am htmby notified that you should refrain from tailing the contcnts of the tmrttmiuian, that any di.eloture, copying, d.tenburimt in the taxing of any Acton to reliance tan 1116 cononn of tnta telecapied IMomution ie strictlyprohbited, and that the documents should be returned to this rims ii nt,wisuiy. In thb tngan4 if yew nave meelved This telftw it etrof, pitatt n6n.N ua by ttelephone immrdtatoy to that m lmy arrange for the maim of the original docutnents to us. Jan-11-2002 06101 Froa-MRSNALL DENNENEY +TITt3216l0 T-356 P.002/006 F-767 A REGIONAL DEFENSE L111CATION LAW FtaM ??'rf ?11tIffiya i1 A rROPIS1IO NAL eO A?O /A11ON WWW tO.YYa spa tn, ?M j 4200 Crums Mill Road, Suite H • Harrisburg, PA 17112 (717)651-3500• Fax(717)651-9630 Niw Jio,n Direct Dial: 717-651-3501 s...A.. Email: MOwens@mdwcg.com . .ud o.. iNae.u.as January 14, 2002 VIA PAX AND REGULAR MATT The Honorable George E. Hoffer Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: John C. Bauer and Lori A. Bauer v. Lowe's Companies, Inc. Cumberland County CCP, No. 99.6490 Our File No. 12240-00102 Dcar Judge Hoffer. As you know, the undersigned counsel represents Lowe's Home Centers, Inc. in the above-captioned matter. We held a pre-trial conference before Your Honor on Wednesday, January 9, 2002. 1 raised the issue of the bankruptcy of the carrier for Lowe's in this case and the fact that a bankruptcy stay was in order and had bean extended uvcl A1c trial term fbr which this case is currently listed. Your Honor had requested a copy of that Order. I enclose a copy of the Order. As you can see, there is a formal bankruptcy stay in place for all engn9 in which Reliance Insurance Company is obligated to indemnify and/or defend. I also attach a copy of the declarations page applicable to the pulicy period in which the incident in this case falls which clearly shows that I am obligated by virtue of the Court Order to abide by the stay and take no actions whatsoever in this case including trial depositions, subpoenaing individuals and/or witnesses for trial, and, of course, trying the case. I have discussed this Order and the ramifications of the same with Ted Knauss, Esquire, counsel for the Plaintiffs. We have already canceled the deposition of Dr. Samuels and most likely will be canceling the deposition of Dr. Mci with the hope of rescheduling if we arc tumble to senle the maser. Counsel at this point would like to discuss with you your interpretation of the Order. I am requesting that this case be stricken from the trial list and placed on the next available list, of court*, after the bankruptcy stay has been lifted, again assuming the parties are unable to settle the case. I would be more than happy to participate in a teleconferenco with Your Honor and Mr. Knauss at yuui cuuvcnit nee. We would like to do so as soon as possible so that we can advise parties and witnesses of a continuance under the Order. Jan-14-2002 06:04 From-MRSHALI DENNEHEY 3 1172321840 Prothonotary January 14, 2002 Page 2 T-366 P.003/006 F-766 I look forward to heating from the Court. Your attention and understanding is sincerely appreciated. RespectNlly, MATICt MLO/aoe enc. cc: Edward Knauss. N, Esquire VM AWAMMI.C>7 U.16P1 RAM12240 102 Jan-14-2002 08:08 From-WISHAII DENNEHEY +7172321048 T-388 P.004/000 F-788 Ak IL IN THE CO-MAXONWEAY.TH COURT OF PENNSYLVANIA M. Diana Kokan, Insurance Commissioner of the Commonwealth of Pennsylvania, Plaintiff V. Reliance Insurance Company, Defendant C2 " ?- r No. 269 M.D. 2001 IN RE, Petition to Intervene of the PA Property and Casualty Insurance Guaranty Association; and the ?emergency Petition of the PA Property and Casualty rmmn=ce Guaranty Association'Petition for Stay ORDER AND NOW, this 280' day of December 2001, having considered the uncontested petition to intervene filed on behalf of the Pennsylvania Property and Casualty Insurance Guaranty Association, said patitiou to intmune is GRAMD, and the Pawylvania Property And Casualty Insurance Guaranty Association is permitted to intervene for-the limited purpose of seeking a stay of proceedings. Upon consideration of the Pennsylvania Property and Casualty Insurance Guaranty Association petition for stay of proceedings, said petition is GRANTED as follows: 1. A thirty (30) day stay is entered, from 7anuary 2, 2002 through February 1, 2002, in all proceedings in which Reliance Insurance Company, Jan-11-2002 05:05 From-MARSHALL DENNEHEY 47172321610 T-356 P.005/000 F-766 b? including its subsidiaries as defined in paragraph 27 of the Order of Liquidation, is obligated to defend any party in any court of this Commonwealth. 2. A thirty day stay is entered, from January 2, 2002 through February 1, 2002, with respect to suits and other proceedings pending outside the Commuuwr4dLh of Pennsylvania, or in the federal courts of the United States, in which the Pennsylvania Property and Casualty Insurance Guaranty Association is obligated to defend Reliance Insurance Company as a result of the liquidation of Reliance Insurance Company, By this Order this Court requests comity in the imposition of a thirty day stay by such courts or tribuuals, and that those courts afford this Order deference by reason of this Court's responsibility for supervisory authority over the liquidation of Reliance Insurance Company, as vested in this Court by the Pennsylvania legislature. FURTSER, the Pennsylvania Property and Casualty Mmiranca Guaranty Association is hereby directed to serve a copy of this order, forthwith, upon all parties listed on the master service list via U.S. mail, fax and/or a-mail and to file with U?c cuurt in the Office of the Prothonotary, 9s` Floor the Widener Building, 1339 Chestnut Street, Philadelphia, PA 19107, by 1:00 p.m. December 31, 2001 an affidavit, that service, as outlined above, has been effectuated. 1AMES GARDNER COLINS, Judge Jan-14-2002 05:05 From-MRSNAII OENNEI6Y +7172321640 T-356 P.006/000 F-760 Reliance G 1 Reliance insurance company f bW. hMlylvw4 t 0 Reliance National Insurance Company moms ONlco-warrdngtan. DalawarI Admirdatret" OMa -Now York. N?w Ymrk a United PaclAc Insurance Company 11MA"PN& /annsvNer" 91 Z Reliance National Indemnity Company Moms QMlca. r4mdLon, VNaeenrn Admkdvm*oOMto-PhNadalp" Parry ma ® Coverage Is provided In the company designated by Number. Each Is a Stock Insurance Company, heroin called the Company. This endorsement, effeotlvet4:01 a.m.Standard T1ma. 4-1-99 Forms apertofpolicy number. NGB 0135837-01 Issuedto: Eae,S CmWANJ3;Sr INC. BY RELIANCE: NATIONAT. A BTY t37HPANY RENEWAL CERTIFICATE Named Insured: EOM'S caaAN= rNC. Melling Address of Named Insured: 1M81411Y 26B EAST NORTH WILKE ORO, NC 38659 PolloyNo.: NM 0135037-n2 Renewal Period: From 4-1-99 to 4-1-00 at 12.01 A.M. Stand aid Time atthe Named Insured's Melling Address shown above In consWeratIon of the Premium stated herein.thls Policy is renewed forth$ Renewt Period shown abow at the same tormsand condition so the axplring Pot Icytl weF as Indkated blow 1. Coverage: Dorr>=m t3>:2om ixiyir I'PY 2. Premium for Renewal Period: ! PR13UIM oOMPMTJt1N Premium e O,.ue W x 3. Limits: ? L9 PM FTYPIRI +r: 4. Endoreementchangca: SEE GU207 - ENDORSFAIW 446 This Endorsement Is ndt Valid unless countersigned by a duly authorise repreaemativoof the Company. ALL OTHERTERM3 AND CONOMOND OFTHIB POLICY ROOLAIN UNCHANCt 17001MARwr ST. Issued at PHIZA„ PA. 090 4/1/99 Autha t ed Roprosanualve Jan-14-2002 05:05 From-MARSHALL DENNEHEY +7172321649 T-356 P.OOT/009 F-760 Rellance Navo tai ma®mnfty vvils).rsm-Y NGb »a.11-vu A Rehr m (atom N01dhv C "W aW Renewal of Nr-w .fie OMloe: Mar>is0n. w?M1soaruitt - AdmwwNastvm Ofeas: 77 Winter SvmK Now VC k, NV 10005 LI COMMF?tC NEti POLICY 3AL COMMON POLICN MCLARAT1ONs atns, aPl f4odumw Code. Nano sad Adermaa Nmnted InUWW end P.O. Addreaa Om- grad, Taa4 C&M. 80464 PR 4-25-97 1ax+e'a Coopaniem, Inc. (See rat. M11 Mnrah i µCLWVran, Tnr.. Highway 260 Fast 100 Notch Tryon St., suite 3200 North Wilkcabozn, NC 36649 Charlottes NC 29202 Attn: Mr. M. Steven Crew, VP Pow Psdert From 4-1-97 U. 4-1-99 et I= A.M. Stmnderd Tlraa at your mmmnp sddr«s sh-wn sbaw. 9usmtaes om=Wdun: Bldg. Material owler N MLgW rM TM PAYMENT OF THE Pf - MW U'W= O ALL THE TE MS OF TM POIR:r. riC AM= vain TM TO r"Ovm 7m OMMANGg COYeIIA S PAM FOR 1MFMM A PFA51 6 670 VCMATM THIEI PFVOOJF+I WAY VEE 50611MY TO JUSTF11Qf PFEMMM S Wr COVEM Ca mpero d Propom Pmt djW f Lzmmarm Gamoral UobW eweempa pan S NOT OOVERM cawa vw C "mm Cararsna ran s Wr mvE RM Oommemw Inlsm Mm um C nswo Part b Pan f WT COVERM CornmetcW Atnomopao CwamO S TOTAL f at troep0an; f Tst Annivara+,rY. f and ft"W an stpwn w payable: f Fotm{s) mxt erzo sembru(s) merle a pan a, urn policy at time CA 11M)s`- . Ornlta sppioaWa Farina marl 64onemmrms N strown h specl6e COSaraOm part/C;overspa Form psd,uatons. taa wueed"Poky t0 be am'n' and mTSSTmd, and, b requlrsd by eWe IeN, 111N P a IMfTF4ESG W 0, COr^> ? N&zdmd rovreeemsdv i of"OomF'?' am frOl to tllld woo" eo.mnorstq by a ?aY J m f f.v A. la7i kw , womb" Oata eaunwcraiprod by ArA%xtW flftPf UFfU tlt'O r.w. aow?a..awm rte{. 9MLM Harr Tem mm Ww" T"a C "'Mort mA ? "Aa yG M e ?OYQ? AM) sarw A9A pmlolll0mNT. P AN'l. miARO To sous w?c..dr t¦ aw?s..a-? o.nrymt m'a'r"" s"'s"s' ° b" low tns awiwo 0,1 IV M~W of bwwrw asrsb" aasma. AN 00 roe 01 oum Jan-14-2002 05:05 FrwYARSNALL DENNENEY +7172321848 UUMVMUTAL (IIENERAL LUU31t.f1Y CCWP2A4E r DECLARATIONS wnw. )ir alloy NGmber Nee tamed lnttttred vW Maflrlg Address tNm Sweet. Town at dN, Cm". slue, ap Code) M e s Oatpnttiear Inc. (See Endt. 11) igmat?y 268 East orth Wilkesboro, NC 28659 10fi y Period w: From 4-1-97 to 4-1-98 at 12:01 A.M. Standard Time at Your waling address shown above. T-356 P-008/009 F-768 ;Wal V RETURN FOR THE PAYMENT OF THE PREMIUM. AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE MH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. JMITS OF INSURANCE i 'enwW Aggregate Urn, (Other Than Pmductz - Completed Oporat0ons) P 51000, 000. '"ducts • Completed Operations Aggregate LM* S 5,000,000. Wv and AdmftkVIryuryL%* ? 1,500,000. Occurrence Lkr* 1M Damage urnk S 1,5001000. Andical 6gtense L4nh 3 N/A N/A 1ETROACTTVE DATE (CO 00 02 only) :owxage A of this Insurance does not apply to 'bodily Injury' or •aroaorty damage fate, 9 any shown, here: Oe ist Can or Wane- a no neroawne Hsu appoes) J,000., adOAny One Fyne Any One Person tid01W occurs before the Retroactive Nrvne )ESCRIFnON OF BUSINESS AND LOCATION OF PREMISES 'onn of Bwlrv?s . O "WvIdual O Joint Venture O Partnership ® Organization (Other than Parowship or Joint venture) lualnep Desrriptlon -• Bldg. Material Devi= .ocAWn d Al Premises You Own, Rent or Occupy. W APR 9MM11 ON FILE WRHB OCMPANY aREYIUM Classification Code No. Premium So* Pr/CoRaAil Othai Pr/Co AN 00w RetaSl Trade Cxtpoait:e RAted $6001M Tour Advence Premium $?. 'remfum shown IS Davahle 1: S vealoss„ at Inception; E let Annlwn.atY. t trrd AnnWan FORMS AND ENDORSEMENTS 'omis and P_ndorsanems applying to InIS Coverage Part and made part d this pdiry at time of Issue Gee GU 207-Frdt. e2 :ountI+CWfed; e ' MYy opfi W v strewn in c nanen rbllq Cwerad"IL sa Repeevwure •• !erne am 6dbreerMMe Wpled" p thls oowneee Part W*"d V drown deewnue in to poW Teta9o DepAiYtilOty Af0 M I70reMON P'OUGY OH:lI1M ? AIM'IJCIIOLE TIXiETfIB1 wrTTl THE CCaeeON POLICY OOrDmONL 30v@U0E POfrl(SI MID fi310AS A1i3 ODOft5 AB4T3 F ANY, TO FDiVA A HART TMEfiBOF, l:OAAnME1E Tiff ABOX NteAeBI1PD POW% eeoeroee eepy hftd MGWW a Wmawme aeMane Crllw. Yin, Feet we pem+aedon. Copyttptd, Yewretroe'eehloee Orfke, Me. /Yet. I*" 101. INC" Ow. V140 Jan-14-2002 06;06 From-MARSHALL DENNEHEY +1172321841 T-356 P.009/009 F-168 Reliance EMPLOYEE BENEFIT LIABIU7Y COVERAGE PART DECLARATIONS POI 1CY PERIOD NAMED INSURED I0a's ies, Inc, NUMBER THIS IS A CLAIMS-MADE COVERAGE PART- READ YOUR POLICY CAREFULLY THIS ENDORSEMENT PROVIDES SUPPLEMENTARY INFORMATION TO BE USED WITH THE FOLLOWING; E uPLOYGr E mem UA81Lny COVERAGE FORM. LJMrM OF INSURANCE= Aggrogate Umh i _5._OOD.Q00. Each Emplayce L n*w *"ad to the Aggrogato Umh "EFFECTIVIE s _t.sen.DDe. Covmage Form Appttoabla GL 00 8033 Dmdua lbl0 Amount S-00,000, Each ErnpOyne Ratroactlve Data 8e0110n 1 of %a Insurance does not apply to negligent ACU, Errors Or OMMIOns whkh o=ffad pft to the MWOQ *m dot0. If arty, abwm below: Raoroacdw Date; COMUd OnIPIMiN b %VM prognsm 00w than those IWW In Secdm VII OeMhlorrx Promtum COmptWoru F.atlnwted No. or EngAuyc= F.surnatetl F'refturn MWmun Prem6trm .--WD t >nrt_ s The fdlawhV form a Part of this coverage hart at Issuance: GL 00 8033 Employee B&Wd LW30Y Covenw Fenn OL 00 n= 00 am A Rt tn?tt U,tt%.t Iitiartin% 1.ftu?t MARSHALL, DFNNEHEY, WARNER, CoI.FMA1V 8 GoGGN 1,,, " w A P¦ o r¦ s., o v.. C u ¦ P u ¦. r 1 u M www.mzmhi denneheyxom ltww..¦ t+..mvn spirie W..I.mm 4200 Crums Mill Road, Suite B - Harrisburg, PA 17112 (717) 651-3500 • Fax (717) 651-9630 SIM.P , Direct Dial: 717-651-3501 Email: mowens®mdwcg.com January 22, 2002 The Honorable George Hoffer Cumberland County Courthouse One Courthouse Squar Carlisle, P RE: John C. Bauer and Lori A. Bauer v. Lowe's Companies, Inc. Cumberland County CCP, No. 99-6490 Our File No. 12240-00102 Dear7bdee Hoffcr: ;Pry X" I.." awry 1110 u..we •w.¦?nm wurrtwm. lv, O.a Yw.mW Te m O&W.b TaM .rmurtr¦.ruw I represent Lowe's Home Centers, Inc. in the above-captioned matter. We had a pre-trial before Your Honor on Wednesday. January 9, 2002. I raised the bankruptcy issue with respect to Lowe's, and, indeed, we have now agreed to continue the case. Your Honor most likely has already executed an Order continuing the matter. The purpose of my letter is simply to confirm that the deadlines you established with respect to submitting jury instructions on negligence and/or liability, as well as expert deadlines, do not now apply as the case has been continued and will not proceed until March. I will assume that new deadlines will be established prior to the March term, but simply wanted to confirm that with Your Honor. If I am suffering from a misunderstanding of your Order or the statements made at the prc-trial conference, I would sincerely appreciate receiving an Order to that effect. Your attention is appreciated. Respectfully, MATTH L.OWENS MLO/acs cc: Edward Knauss, IV, Esquire ! T! of 20 ?Erir ?sn?,ir??n ,ate,. 4 ? ° ?`?dXh `.: YYatk4k? ?3K ' Y?4YL° i sd x ? y??sy Y {N din y e _ a ? T , a J014N C. BAUER and COURT OF COMMON PLEAS OF LORI A. BAUER, his wife, CUMBERLAND COUNTY, PA Plaintiffs, NO. 99-6490 CIVIL V. CIVIL ACTION - LAW LOWE'S COMPANIES, INC. Defendant. JURY TRIAL DEMANDED. PRAECIPE FOR SETTLEMENT AND DISCONTINUANCE To the Prothonotary: Please mark the above case settled and discontinued. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Edward E. Knauss, IV Attorney I.D. No. 19199 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Dated: i-. i t~^ _ tll ? • n C_ 1 .,,? ? _. t: i ILI N ZJ ?t, v 1