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HOLLY J. WENDELL, DVM,
Plaintiff
V.
EUGENE GRIFFITHS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
73?q
NO. 99-79" CIVIL TERM
PRETRIAL CONFERENCE
AND NOW, this 21st day of August, 2002, before Edgar
B. Bayley, Judge, present for the plaintiff was Jefferson J.
Shipman, Esquire, and for the defendant, Gregory J. Katshir,
Esquire.
Plaintiff has brought suit against defendant for
veterinary services in the amount of $1,045.02. Defendant
filed a counterclaim maintaining that plaintiff was negligent
in treating his mare in-foal, which negligence resulted in the
death of the horse. Defendant counterclaims for the value of
the horse. Defendant, in its counterclaim, seeks the value of
the horse which he claims is $20,000.00.
Both the complaint and the counterclaim fall within
the mandatory arbitration limit of Cumberland County.
Therefore, the case is referred to arbitration.
Jefferson J. Shipman, Esquire
For Plaintiff Lj .i . f t!.
Gregory J. Katshir, Esquire
For Defendant
prs
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I V- r"
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate) 1
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) ( xx) for JURY trial at the next term of civil court.
( ) for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
HOLLY J. WENDELL, DVM,
(Plaintiff)
VS.
EUGENE GRIFFITH$,
(Defendant)
VS.
(check one)
( ) Assumpsit
( x)p Trespass
( ) Trespass (Motor Vehicle)
(other)
The trial list will be called on August 13, 2002
and -•
Trials commence on September 9, 2002
Pretrials will be held on August 21, 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.)
-(399
No. J899. Civil
1999.
Indicate the attorney who will try case for the party who files this praecipe: Jefferson J. Shipman,
Esquire, P.O. Box 1268, Harrisburg, PA 17108-1268
Gregory J. Katshir, Esquire,
Indicate trial counsel for other parties if known: -.-------
900 Market Street, Lemoyne, PA 17043
,
j I
This case is ready for trial. Signe-
Print Name: Je£fcraon J* SShinmau-jr-e-
Date: Attorney for: _Pluintiff.- -•--
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served on the following counsel of record, by depositing the same
in the United States Mail, postage prepaid, in Harrisburg,
Pennsylvania, ofi'
Gregory J. Katshir, Esquire
900 Market Street
Lemoyne, PA 17043
Attorney for Eugene Griffiths
GOLDBERG, KATZMAN 6 SHIPMAN, P.C.
Je fe n J. Shipman, Esquire
I.D. ff: 51785
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Holly Wendell, DVM
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IMONV WLTN OF PMNSYLVANIA
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JUDICIAL DISTRICT
NOTICE OF APPEAL
FROM n;.. i..
DISTRICT JUSTICE JUDGMENT
'.I•,.. I COMMONPLLASNo (q?r-_ ?3y9 CC(f?(
NOTICE OF APPEAL
.?. Notice is Oven that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
date and in the case mentioned below
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CV 191"
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10086.
This Notice of Appeal, when received by the District Justice, will -operate as a
WPERSEDEAS to the judgment for possession in this case
it appellant was CLAIMANT (see. Pa. R.C.P.J.P. No.
1001(6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after r
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER-RULE TO FILE COMPLAINT AND RULE TO FILE
(Thissection of form to be used ONLY when'appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.. .
? IF NOT. USED "detach from copy of notice of appeal to be served upon appellee). )
PRAECIPEv..To P?o't}a ntary
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rule QZL ?/ T . W t W D <I.L QV M , appellee(s), to file a complaint in this appeal
Nane of appelAWS)
(Connon fleas No: 9- 7397 ?L ) within twenty (20) days after service rule or suffer t of judgment of non pros,
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or appesart a rm ammey a agent
RULEt To!O'L414ILlr 7 WiNgVIL QVf^ ,appellee(s).
Nerve Of eppeea S)
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule Lli m you by personal service or by certified or registered mail
(2) IF you do rat fi1e•a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The dafi?af Service of this rule if service,was by nail is the date of moiling.
Date: 'Oe? •,'r9 . 19 %? - c'•`f°D `.ri /? ?./'rn ,,i.?2f
I N0Pa31244 COURT FILE
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (70) DAYS AFTER filing the notice of appeal. Chack applicable boxes)
.COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; se
AFFIDAVIT: I hereby swear or affirm that I served
Efa copy of the Notice of Appeal, Common Pleas No. ti - 3 upon the District Justice designated therein on
(date of service) AfffeFAOIDT (A44 p by personal service G ly (certified) (registered) mail, sender's
receipt attached hereto. and upon the appellee, (name) hGkLy 5 • trtwe4K Dun on
pftc..tsie to , 1911 ? by personal service 1?5y (certified) (registered) mail, sender's receipt attached hereto.
[Tend further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellees) to whom
the Rule was addressed on QCeftIl" Io , 199' by personal service G l yy (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OFDECEIAZEF, 19q0_ . .
• Signature of affiant
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coaMOUJALTH OF PENNSYLVANIA NOTICE OF APPEAL
COURT OF COMMON PLEAS FROM
JUDICIAL DISTRICT DISTRICT JUSTICE JUDGMENT
COMMON PLEAS Na 99- ?3py
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the
dale and in the case mentioned below:
rt?lrAlq rGQll?l'R(5 r. ruu?E ax
ur ur+ ,........ shceuV. hay 89-3-03
CV 19 taco i0 y
IT 19
t00BB.
This Notice of Appeal, when received by the District Justice, will operate as a
SUPERSEDEAS to the judgment for possession in this case
If appellant was CLAIMANT (see Pa. R.C.P.J.P. No.
1001(6) in action before District Justice, he MUST
FILE A COMPLAINT within twenty (20) days after
filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.GP.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon r ou"i -SV-1 f Ws14LL oppolee(s), to file a complaint in this appeal
Nara or agxlke(sl
(Common Pym No. 99- 739f ??,c/! ) within twenty (20) days after service rule or suf t of judgment of ran pros
oK5 appeeant « Ira aftcrney of spent
RULE: To -HOLLY S W4&. f/L D V /-^ , cWellee(s).
vane d appwl sl
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail
(2) H you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing.
s« Dmuty
Dale:>r 9 , 19
IOPC 312-M COURT FILE TO BE FILED WITH PROTHONOTARY
PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of service MUST BE FILED WITHIN TEN (10; DA YS AFTER filing the notice of appeal. Chock applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ; as
AFFIDAVIT: I hereby swear or affirm that I served
? a copy of the Notice of Appeal, Common Pleas No. , upon the District Justice designated therein on
(date of service) , ? by personal service ? by (tertilied) (registered) mail, sender's
receipt attached hereto, and upon the appellee. (name) , on
19 ? by personal service ? by (certified) (registered) mail, sender's receipt attached hereto.
? and furtherthat l served the Rule to Filea Complaint accompanying the above Noticeof Appeal upon the appellee(s)to whom
the Rule was addressed on 19^ ? by personal service ? by (certified) (registered)
mail, sender's receipt attached hereto.
SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME
THIS DAY OF , 19-
Signature of affiant
SlgnalWl- CIO-"¢131 LOCI& whom alfaamf wR9 mat'o
Title of oroCial
PAY comrmssion expires on
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF: CUMBERLAND
Mao Dial No
09-3-03
DJ Namo. Mon
SUSAN K. DAY
Aw'oss: 229 MILL STREET, BOX 167
MT. HOLLY SPRINGS, PA
ToW^ne:(717) 486-7672 17065
ATTORNEY DEF PRIVATE :
GREG KATSHIR, ESQ.
900 MARKET ST.
LEMOYNE, PA 17043
r
THIS IS TO NOTIFY YOU THAT:
Judgment:
NOTICE OF JUDGMENT/TRANSCkIPT
PLAINTIFF: C'IVIL CASE
NAME and ADDRESS _
rWENDELL, DVM, HOLLY J
25 SHADY LANE
CARLISLE EQUINE CLINIC
LCARLISLE, PA 17013
S
DEFENDANT:
FGRIFFITHS a
NAME andA
ADDRESS
, EUGENE
375 HOLLOW BROOK DRIVE
CARLISLE, PA 17013
L
Docket No.: CV 0000204-99
Date Filed: 8130199
-
a Judgment was entered for: (Name) -te EmVT.T . nirm unr r , T
Fx? Judgment was entered against: (Name) rgTaaTmtrc RtrrENE
in the amount of $ i nay n2 on:
Defendants are jointly and severally liable.
D Damages will be assessed on:
Fj This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
Fj Levy is stayed for days or ? generally stayed.
Objection to levy has been filed and hearing will be held:
Date:
Time:
Place:
Amount of Judgment
Judgment Costs
Interest on Judgment
Attorney Fees
Total
Post Judgment Credits $
Post Judgment Costs $
Certified Judgment Total
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU
MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTlTRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL.
f / • /_ 'Date
(Date of Judgment) i 1/'15/99
(Date & Time)
District Justice
I ceriify that this is a/r6e and correct copy of the record o he pr6ceeiiings containing the judgment.
l j • I Date
District Justice
My commission expires first Monday of January, 2004 SEAL
AOPC 315.99
Jefferson J. Shipman, Esquire
Attorney 1. D. No. 51785
GOLDBERG, KATZMAN & SHIP", P.C.
320 Market Strccl
P.O. Box 1268
Harrisburg, PA 17108-1268 Attorney for Plaintiff
Telephone: (717) 234A 161
HOLLY J. WENDELL, DVM CUMBERLAND COUNTY, PA
Plaintiff/Counter Defendant No. 99-9999CIVIL TERM
V.
EUGENE GRIFFITHS, CIVIL ACTION -LAW
Defendant/Counter Plaintiff OBJECTIONS TO
INTERROGATORIES OF
DEFENDANT/COUNTER PLAINTIFF EUGENE GRIFFMS
TO: Eugene Griffiths, Defendant
C/o Gregory J. Katshir, Esquire
900 Market Street
Lemoyne, PA 17043
Enclosed please find objections of Dr. Wendell to Interrogatories of Eugene Griffiths.
KATZMAN
htpman, Esquire
I. D. No. 51785
DATE: 1 1 1(16(.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendants
P.C.
Objections
Objection. This interrogatory requests information whic 's not relevant t this matter.
Jeffer on . S iipman, Esq i e
6.-6a. Objection. This interrogatory requests information which is not relevant to this matter,
nor likely to lead to the admission of relevant facts
Atto y I. D. No. 51785
320 Market Street
P. 0. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 2344161
Attomeys for Defendants
DATE: tl
Goldberg, Katzman & Shipman, P.C.
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served on the following counsel of record, by depositing the same
in the United States Mail, postage prepaid, in Harrisburg,
Pennsylvania, on // a
IV I
Gregory J. Katshir, Esquire
900 Market Street
Lemoyne, PA 17043
Attorney for Eugene Griffiths
GOLDBERG, MTZMAN & SHIPMAN, P.C.
Sandra A. Rebert
Legal Assistant
9
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.,
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?..?i.... .. 1?
Jefferson J.Shipman, Esquire
I.D. #: 51785
GOLDBERG, KATZMAN 6 SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Plaintiff, Holly Wendell
HOLLY J. Wendell, DVM,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-x§99 CIVIL TERM
EUGENE GRIFFITHS,
Defendant CIVIL ACTION - LAW
PRE-TRIAL MEMORANDUM OF DEFENDANT
1. Statement of basic facts as to liability.
This case arises out of veterinary care by Plaintiff, Holly
J. Wendell, DVM, for Defendant, Eugene Griffiths, for a horse
owned by Mr. Griffiths in May of 1999. Griffiths requested
veterinary care for his horse, Shannon Again, which Dr. Wendell
provided. During the care, Dr. Wendell recommended the horse be
transferred to the New Bolton Surgical Center in Southeastern
Pennsylvania. Griffiths delayed and refused this transfer.
Griffiths also failed to follow other treatment recommendations
over the days between May 5, 1999 and May 8, 1999. Ultimately,
Griffiths attempted to transfer the horse to New Bolton and the
horse died en route.
Procedurally, Dr. Wendell initiated the action by District
Justice Complaint to collect her veterinary fees. Following the
District Justice Award in favor of Dr. Wendell, the Defendant
Griffiths appealed and filed a counter-claim alleging negligence
on the part of Dr. Wendell in her care and treatment of Shannon
Again, which was responded to by Dr. Wendell.
2. Statement of the basic facts as to damages.
Dr. Wendel quests fees for her veterinary services in the
amount of $1 095.0 .
3. Statement as to the principal issues of liability and
damages.
The principal in the case is whether Dr. Wendell met the
standard of veterinary care in her treatment of Shannon again.
4
6
Witnesses.
Holly Wendell, DVM
Eugene Griffiths
William J. Donowick, DVM
Dr. Wendell respectfully reserves the right to supplement
this witness list.
James Wise
Exhibits.
Dr. Wendell's treatment and billing records
Report and CV of William J. Donowick, DVM
2 ¦
Deposition testimony of Eugene Griffiths
District Justice Hearing Transcript
All materials exchanged in discovery
7. Settlement negotiations.
Plaintiff, Dr. Wendell, has demanded that the above-
referenced fees be paid. Defendant has demanded $20,000, which
he alleges is the value of the horse.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
4to4rney n J. S pman, Esquire
I.D. 51785
320 Market Street
P. 0. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
/ Counsel for Holly J. Wendell, DVM
Date: 83585.1 0
3
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served on the following counsel of record, by depositing the same
in the United States Mail, postage prepaid, in Harrisburg,
Pennsylvania, on??JJ , zq, JC+n
Gregory J. Katshir, Esquire
900 Market Street
Lemoyne, PA 17043
Attorney for Eugene Griffiths
Respectfully sumbitted,
GOLDBERG, KATZMAN 6 SHIPMAN, P.C.
J?£eFAon J. Shipman, Esquire
I D. ff: 51785
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Holly Wendell, DVM
83585.1
HOLLY J. WENDELL, DVM, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
73Vf
NO. 99-7999 CIVIL TERM
EUGENE GRIFFITHS, : CIVIL ACTION -LAW
Defendant
PRETRIAL MEMORANDUM
AND NOW, comes Defendant, Eugene Griffiths, by and through his
attorney, Gregory J. Katshir, Esquire, wiuh the following Pretrial
Memorandum as follows:
Facts as to Liability
This matter involves an action brought by Plaintiff (Wendell) to
recover the costs of professional veterinary services rendered. Defendant
(Griffiths) filed a counterclaim against Plaintiff for veterinary malpractice.
Griffiths' racehorse died after several days of treatment by Wendell. Griffiths
has alleged that Wendell failed to exercise the proper standard of care in the
performance of her duties.
In May 1999, Griffiths contacted Wendell, a veterinarian, to request
that she come to his farm to examine his mare, ShannonAgain, who appeared
to Griffiths to be in a great amount of pain. ShannonAgain was in-foal at the
time. Wendell came to the farm, performed a rectal examination, and
determined that the horse suffered from an impacted colon. She treated the
horse by passing a stomach tube into the horse and administering mineral oil
through the tube. Wendell then left the farm. Wendell returned later the
same day to reexamine the mare. The examination revealed that the
administration of the mineral oil did not work to improve the condition of the
mare. Wendell instructed Griffiths to administer fluids to the mare though
the evening. Griffiths administered the fluids as per the instruction of
Wendell until the bags of fluid provided by Wendell had all been used.
Griffiths and his wife monitored the mare during the night.
Griffiths noticed that by 0:00 a.m. on the next day that it appeared as
though the condition of the mare did not either improve or deteriorate over
the night. By 9:00 a,m., however, Griffiths noticed that ShannonAgain
appeared to be in more pain. Griffiths contacted Wendell at approximately
9:00 a.m. to indicate to her that he believed that, at that time, the condition
of the mare was deteriorating. Wendell again came to the farm and
examined the horse by checking the heart rate, performing a rectal exam,
checking the mucus membranes for capillary refill time and listening to the
abdomen for movement. Wendell also passed a nasograstic tube and inserted
fluid into the horse. After insertion, the fluid refluxed out of the tube. The
examinations revealed that the condition of the mare had in fact deteriorated
and that the horse may be suffering from a condition that required
emergency surgery. At this time, referral to a surgical facility was necessary
and appropriate.
Wendell however, suggested additional fluid therapy to attempt to
treat the horse. She did not instruct, or suggest to Griffiths, that the mare
should be sent to a surgical facility. Therefore, additional fluids were
administered to the mare throughout the second day. At approximately 6:00
p.m. on the evening of the second day of treatment, Wendell returned to the
farm and examined the mare again. The condition of the mare had again
worsened over the day. However, Wendell again suggested additional fluid
therapy rather than referral for surgery. Wendell provided Griffiths with
bags of fluids and instructed him to administer the fluids. Wendell then left
the farm to attend a dinner party.
Shortly after Wendell's departure, Griffiths attempted to contact
Wendell via her pager to inform her that he believed the condition of the
mare was deteriorating. Wendell did not respond to the pages. Griffiths then
contacted another veterinarian. Griffiths explained the symptoms and
condition of the mare to the other veterinarian over the telephone. After
listening to Griffiths' description of ShannonAgain's condition, the other
veterinarian instructed Griffiths to immediately transport the mare to a
surgical facility. Griffiths attempted to transport the mare, however,
ShannonAgain died en route.
Fact as to Damages
Defendant Griffiths has suffered damages in the loss of his mare, in-
foal, ShannonAgain. ShannornAgain was a champion racehorse with above
average confirmation. Her value, in-foal, and as set forth by Peter Pegg of
Pegg Thoroughbred Consultants, Inc. is $20,000.00.
Issues of Liability and Damages
The issue of liability resolves around whether Wendell referred
ShannonAgain to a surgical facility. Griffiths indicates that at no time did
Wendell suggest or instruct Griffiths to send the mare for surgery. Griffiths
takes the position that Wendell simply wished to treat the horse with fluid
therapy at the farm. Wendell indicates that she suggested referral for
surgery. Both experts, Kenneth E. Sullins, DVM (for Griffiths) and William
J. Donawick, DVM (for Wendell) agree that it was appropriate and necessary
to refer the horse to a surgical facility when it was apparent that the
condition of the horse had deteriorated on the morning of the second day of
treatment. Griffiths avers that Wendell's failure to refer to surgery, her
insistence on treatment at the farm, and her failure to perform additional
test resulted in the death of his mare. Griffiths avers that such conduct fell
below the standard of care for a veterinarian.
Summary of Legal Issues Regarding Admissibility of Evidence
At this time, Defendant is unaware of any legal issues regarding
admissibility of evidence that may be in controversy.
Witnesses:
At this time, Defendant, Griffiths plans to call the following witnesses
to testify at the time of trial:
1. Eugene Griffiths, Defendant
2. Lindi Rae Griffiths, Defendant's wife
3. Sean Griffiths, Defendant's son
4. Peter J. Pegg, Pegg Thoroughbred Consultants, Inc. as to damages
5. Kenneth E. Sullins, DVM, Virginia Tech, as to liability
Exhibits
At this time, Defendant Griffiths plans to utilize the following exhibits
at the time of trial:
1. Report of Dr. Sullins dated March 13, 2000;
2. Report of Dr. Sullins dated March 16, 2000;
3. Report of Peter Pegg dated March 21, 2000
4. List indicating ShannonAgain's race record and purse amounts
5. Documents indicating ShannonAgain's pedigree
6. Photograph of ShannonAgain
Status of Settlement Negotiations
Plaintiff had offered to withdraw her claim if Plaintiff would withdraw
his claim. That offer was rejected. No other offer of settlement has been
discussed.
Reservation
Defendant Griffiths reserves the right to alter or amend this Pretrial
Memorandum up to the time of trial
Respectfully submitted,
Gregory J. aishir,Esquire
Attorney fo Defendant
PA ID#61967
900 Market Street
Lemoyne PA 17043
(717) 763-8133
;TIFICATION OF SERVICE
that a true and correct copy of the
>randum was served upon the following via
`/r oz postage prepaid as follows:
'ferson J. Shipman, Esquire
Market Street
D. Box 1268
:risburg PA 171OW I?
Grdi?ol-y if. Katshir, Esquire
Attorne for Defendant
i
Jefferson J.Shipman, Esquire
I.D. #: 51185
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Plaintiff, Holly Wendell
HOLLY J. Wendell, DVM,
Plaintiff
Vs.
EUGENE GRIFFITHS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
7399
NO. 99-?999 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE TO ENTER JUDGMENT
TO THE PROTHONOTARY:
PLEASE enter Arbitration Award in favor of the Plaintiff,
Holly J. Wendell, DVM, in the amount of $1,045.02 of record in
the above-captioned matter.
GOLDBERG, KATZMAN & SHIPMAN, P.C_
<gy _ „L 1. t tiC Lw
J ff "son J. Shipm , Esquire
A torney I.D. #51785
320 Market Street
P. 0. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Holly J. Wendell, DVM
Date: "x/13 ZJ-
87534.1
4
N
r
,
)
OA rL
O CT 1 3 RE93
In Che Court of Common Pleas of
Cumberland County, ?ennsylvania
No. -7q 99 i9f?_
lie do solemnly swear (or affirm) thac we will support, obey and defend
the Constitution o£ the United States and tFLe Constitution of this Common-
wealth and that we will discharge the duties of our office with_.delity.
0
.AWARD
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
applicable.)
Date of Hearing: Ii & ?-
Date of Award: p v
Arbitrator, dissents. (Insert name if
NOTICE OF ENTRY OF AWARD
Yaw, the day of mctr-C_, NV ,Jbu.2, ac/.);w P..;t., the above
award was entered upon the docket and notice thereof given by mail to the
parties or their attoraevs.
Arbitrators' compensation to be
paid upon appeal: ° o honocary
$ .2 0,U0 By: -&'j , re,?
Deputy'
-T
(Note: If damages for delay are awarded, they shall be
separately stated.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY J. WENDELL, DVM, ciQ- WF
Plaintiff NO. 99-7g94 CIVIL TERM
V. CIVIL ACTION - LAW
EUGENE GRIFFITHS,
Defendant
N 0 T I C E
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
DIANr G. RADCLIFF
3.148 TRINDU ROAD
CAMP IIILL. PA 171) 1
PI IONr O17) 737.uRx)
PAS (717) 975.0697
ID # 32112
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY J. WENDELL, DVM,
Plaintiff NO. 49-7449-CIVIL TERM
V. CIVIL ACTION - LAW
EUGENE GRIFFITHS,
Defendant
DIANE G. RADCLIPP
3448 TRINDLE ROAD
CAMP HILL, PA 17011
PI [ONE (717) 7)7.01()
PAX (717) 775-0697
ID # 32112
AND NOW, this K 1 day of January, 2000, comes the Plaintiff,
Holly J. Wendell, by her attorney , Diane G. Radcliff, Esquire, and
files this Complaint against the Defendant, Eugene Griffiths
whereof the following is a statement:
1. The Plaintiff is Holly J. Wendell, DVM „ an veterinarian duly
licensed to practice veterinary medicine in the Commonwealth
of Pennsylvania and having a place of business located at 25
Shady Lane, Carlisle, Cumberland County Pennsylvania 17013.
2. The Defendant is Eugene Griffiths, an adult individual
residing at 375 Hollow Brook Drive, Carlisle, Cumberland
County, Pennsylvania 17013.
3. At all times herein mentioned the Defendant was the owner of
a certain thoroughbred mare known as Shannon Again.
4. On or about Wednesday, May 5, 1999 the Defendant contacted the
Plaintiff and requested that she come to his barn to provide
veterinary services of Shannon Again who was suffering from a
colic condition which the Defendant had been personally
treating with no improvement. When the Plaintiff was about to
leave for the Defendant's barn to provide those services, the
Defendant called her again and told her not to come as the
horse had gotten better.
5. on Friday, May 7, 1999, the Defendant again contacted the
1) -
Plaintiff requesting medical services for Shannon Again's
colic condition requesting that since the horse had gotten
worse she should come to his barn and provide treatment for
the horse.
6. On Friday May 7, 1999, the Plaintiff, at the request of the
Defendant, went to the Defendant's barn and thereupon the
Defendant entered into an contract, oral or implied, wherein
the Defendant and the Plaintiff agreed that the Plaintiff
would provide veterinary services for Shannon Again including
the treatment of the intestinal impaction colic condition from
which she was suffering.
7. Pursuant to that oral contact the Defendant agreed to pay the
Plaintiff for her veterinary services her normal and customary
charges for services of this nature to be rendered.
8. Pursuant to the contract the Plaintiff undertook and provided
veterinary services for Shannon Again on May 7, 1999 and May
8, 1999 and billed the Defendant therefor in the amount of
$947.25 as set forth on the invoice to the Defendant dated May
16, 1999 attached hereto, marked Exhibit "A' and made a part
hereof.
9. The terms of payment of the aforesaid $947.25 obligation was
net thirty days, 1.5% late charge after thirty days and a
minimum $1.00 per month service fee for re-billing.
10. The fair and reasonable value of the Plaintiff's services and
costs is $947.45 as of May 16, 1999, and is the customary
charge of the Plaintiff in like cases and is the charge the
Defendant agreed to pay.
11. Although the Plaintiff has demanded payment of the said
$947.45 balance, the Defendant has failed and refused to pay
DIANE G. RADCLIFF
3448 TRINDLE ROAD
CAMP HILL, PA 17011
PHONE (717) 737-0100
PAX (717) 975.0697
ID # 3211?
-3-
the same within the thirty day payment period.
12. As of November 15, 1999 the late charges and service fees that
have been assessed were $43.27 and claim is made therefor.
13. The Plaintiff has incurred filing fees and court costs in the
amount of $54.50 in securing an award for the amount claimed
in this Petition at the District magistrate and claim is made
therefor.
14. As of November 15, 1999, the Defendant's obligation to the
Plaintiff for these services as the amount of $1,045.02
calculated as follows
5/16/99 obligation $ 947.25
Service Fee and Late Charges to 11/15/99 43.27
District Magistrate Filing Fees S4-SO
Total
$1,045.02
WHEREFORE the Plaintiff requests this Honorable Court to enter
judgment in favor of the Plaintiff and against the Defendant in the
amount of $1,045.02 together with interest at the rate of 1.5% per
month from November 15, 1999 and costs of suit.
Respectfully submitted,
A
?3 48 Trin le d
ca. H31 PA 17011
Phone: 717) 737-0100
Fax: (717) 975-0695
Supreme Court ID # 32112
DUNG G. RADCLIFF
3418 TRINDI-G ROAD
CAMP HILL. PA 17011
PIIONG (717) 737-0100
r•AX (717) 975-0097
ID # 32112 -4-
VERIFICATION
I verify that the statements made in the foregoing Complaint
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
fin. m.?'?v
N. Q
L , DVM
DIANE G. RADCLIFF
3418 TRINDLG ROAD
CAMP HILL. PA 17011
PHONE (717) 737.01W
PAX (717)'175-06'17
ID # 32112
5-
DIANL O. RADCLIPP
3448 TRINDLE ROAD
CAMP IIILL. PA 1701
1111ONE (717) 7)7.01(N)
PAS (717) 775.007
ID # 32112
EXHIBIT A
-G-
Carlisle Equine Clinic
25 Shady Lane
Carlisle, Pa 17013-6789
(717) 249-3500
05-16-1999 12:52 PM
EUGENE GRIFFITHS
375 HOLLOW BROOK DRIVE
CARLISLE, PA 17013
CLIENT NO. 116
INVOICE NO. 1173
PHONE (717) 243-8118
DATE CODE PATIENT SERVICE - ---
------------------ -QTY
- TAX TOTAL
---------
-
05-07-99 CFC2 SHANNON -------------
FARM CALL 1
1 25.00
00
20
ICE COLIC EXAMINATION .
ICRE COLIC RECTAL EXAM 1 18.00
STODSS TUBE W/MINERAL OIL + DSS 1 40.00
8BAN1 BANAMINE 50MG/ML-10ML 1 18.00
4R2T
5 ROMPUN 2ML/TORBUGESIC .5ML D 1 12.00
.
4DET1 DETOMIDINE 1/4 ML + INJ FEE 2 18.00
CFC2 FARM CALL 1 10.00
ICE COLIC EXAMINATION 1 20.00
ICRE COLIC RECTAL EXAM 1 18.00
4ROMI ROMPUN 1ML INJ 2 12.00
8BAN2 BANAMINE 50MG/ML-5ML 1 12.00
5IVCP IV CATHETER PLACEMENT 1 50.00
SIVC MILA IV CATHETER 1 17.00
SEXT33 EXTENSION SET 33" 1 3.50
SIV-Y IV Y-SET 1 19.50
SIC INJECTION CAP 1 2.00
8IVFL IV FLUIDS/LITER 20 160.00
05-08-99 CFC2 FARM CALL 1
1 25.00
00
20
ICE COLIC EXAMINATION .
1CRE COLIC RECTAL EXAM 1 18.00
4ROMI ROMPUN 1ML INJ 2 12.00
5PNGTR PASS NASOGASTRIC TUBE/REFLUX 1 20.00
4R2T
5 ROMPUN 2ML/TORBUGESIC .5ML D 2 22.00
.
8AMP3 AMPICILLIN 3GM 1 17.25
CFC2 FARM CALL 1 0.00
ICE COLIC EXAMINATION 1 0.00
8IVFL IV FLUIDS/LITER 30 240.00
BDIPI DIPYRONE 50% INJ. 1 14.00
CFC2 FARM CALL 1 10.00
ICE COLIC EXAMINATION 1 10.00
ICRE COLIC RECTAL EXAM 1 18.00
5PNGTR PASS NASOGASTRIC TUBE/REFLUX 1 20.00
4R2T1 ROMPUN 2CC+TORBUGESIC 1CC 1 26.00
NEW CHARGES 947.25
PREVIOUS BALANCE 55.00
BALANCE 1002.25
CERTIFI_CAT OF RVICE
5"t
AND NOW, this day of?4-L2", 2000, I, DIANE G.
RADCLIFF, ESQUIRE, hereby certify that I have this day served a
copy of the foregoing document upon the Plaintiff's Attorney,
Gregory J. Katshir, Esquire following named person, by mailing
same by first class mail, postage prepaid, addressed as follows:
GREGORY J. KATSHIR, ESQUIRE
900 MARKET STREET
LEMOYNE, PA 17043
Respectfully submitted,
Calr 1`_pl A 17011
Phone: (717) 737-0100
Fax: (717) 975-0695
Supreme Court ID # 32112
DIANR G. RADCLIFF
3448 TRINDLG ROAD
CANIP HILL, PA 17011
(717) 737.0100
-7_
iE
LILY J. WENDELL, DVM.
Plaintiff
V.
EUGENE GRIFFITHS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-7599 CIVIL TERM
3F1
IN RE: PETITION FOR APPOINTMENT OF ARBITRATORS
ORDER OF COURT
AND NOW, August 21, 2002, in consideration of Judge Edgar E.
Bayley's Pre-Trial Conference Order of this date directing that this case be
submitted to arbitration, John Eakin, Esquire, is appointed chairman of the
arbitration panel, and Lindsay Dare Baird, Esquire, and Paul Orr, Esquire,
are appointed arbitrators in the above-captioned action.
By the Court,
/M*_?
Geo . Hoffer, P. J.
/Jefferson J. Shipman, Esquire
For Plaintiff
/Gregory J. Katshir, Esquire
For Defendant
Hon. Edgar B. Bayley
/John Eakin, Esquire
Chairman of Arbitration Panel
Court Administrator
? oPies ail eds.
C RS
os-a??oa
FILEOti'hFI%
02 AUG 21 PH 3: n7
CUV. Jl?llPENNSYLVAIMA
r:__
HOLLY J. WENDELL, DVM,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-7399 CIVIL TERM
V.
EUGENE GRIFFITHS,
Defendant
: CIVIL ACTION - LAW
The arbitrators in the above captioned case have fixed Friday, October 11, 2002 at 9:30
a.m. in the second floor hearing room of the old Courthouse, Carlisle, Pennsylvania as the time and
place for the hearing.
Anyone finding this time unsuitable will please make appropriate arrangements with all
counsel involved for another time, including the scheduling of the Hearing Room.
September 13, 2002
Gregory J. Katshir, Esquire
900 Market Street
Lemoyne, Pennsylvania 17043
Attorney for Plaintiff
Jefferson J. Shipman, Esquire
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108
Attorney for Defendant
John M. Eakin, Chairman
,y F - a- P- Y9
Lindsay Dare Baird, Esquire
37 South Hanover Street
Carlisle, PA 17013
Arbitrator
Paul B. Orr, Esquire
So East High Street
Carlisle, PA 17013
Arbitrator
Office of Court Administrator
1 Court House Square
Carlisle, PA 17013
HOLLY J. WENDELL, Plaintiff DVM, : CUMB COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
-40 VS. : NO.991PM CIVIL TERM
EUGENE GRIFFITHS, : CIVIL ACTION - LAW
Defendant
REPLY TO NEW MATTER
AND NOW, comes Defendant, Eugene Griffiths, by and through his
attorney, Gregory J. Katshir, Esquire, with the following Reply to New
Matter as follows:
1. Paragraphs twenty-three through forty-nine (23-49) of
Counterclaim Plaintiffs Counterclaim are incorporated herein as if
the same were set forth in detail.
2. Paragraph fifty (50) of Counterclaim Defendant's New Matter
attempts to set forth a legal conclusion to which no responsive
pleading is required.
3. Paragraph fifty-one (51) is specifically denied. Any and all of Mr.
oGriffiths' losses were the direct result f
in the
failure to exercise the appropriate standard of care i negligence
treatment of SHANNONAGAIN.
4. Paragraph fifty-two (52) of Counterclaim Defendant's New Matter
attempts to set forth a legal conclusion to which no responsive
pleading is required.
5. Paragraph fifty-three (53) is specifically denied. Mr. Griffiths did
not assume any risk of injury or damage.
WHEREFORE, Counterclaim Plaintiff demands judgment in his favor
against Counterclaim Defendant in the amount of $20,000.00 plus
reasonable attorney's fees, costs of suit, and other such relief as the
Court deems proper.
Gregory J. atshir, Esquire
HARRISBURG AUTDAUCTIDN TEL:1-717-591-0183 Dec 13:00 12 46 No.017 P.01
6ILIFICAnON OF KNn rIN I ??NIf ? 1?11?NM )N AX-13 33 ELIEV
I verify that the facts sot forth in the furof;oinj? lti:piy to New Metter
are true and correct to the beet of my knowfedgo,.ufioiinrition and belief. I
understand that false averments heroin -are jnadesul.,jsal• to the penalties of
18 Pa, C.S. Section 4304, rolating to u1iswnrn falsifYrdi.ieq fn authorities.
Date:
. .. .? •• ., •:T:Hr6 9,Pu ?lIYIf9•..Hn
f 1!;ul;ene priffiths ??
I?
Jefferson J.Shipman, Esquire
I.D. 0: 51785
GOLDBERG, KATZMAN & SHIPMAN, p.C.
320 Market Street
P.O. Boy. 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
HOLLY J. Wendell, DVM, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. X39°(
NO. 99-7999 CIVIL TERM
EUGENE GRIFFITHS,
Defendant CIVIL ACTION - LAW
NOTICE TO PLEAD
TO: Defendant and his Attorney,
Gregory J. Katshir, Esquire
900 Market Street
Lemoyne, PA 17043
YOU ARE HEREBY notified to plead to the within New Matter of
Plaintiff, Holly J. Wendell, DVM, within twenty (20) days of
service hereof.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
'i
Je e son J. Shipman, squire
At orney I.D. 51785
320 Market Street
P.O. Box 1268
DATE: (( ?2i `20c?o Harrisburg, PA 17108-1268
54956.1 Attorneys for Holly Wendell, DVM
Jefferson J.Shipman, Esquire
I.D. W: 51785
GOLDBERG, KATZMAN 6 SHIPMAN, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Telephone: (717) 234-4161
Attorneys for Defendant
HOLLY J. Wendell, DVM, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 99-7999 CIVIL TERM
EUGENE GRIFFITHS,
Defendant CIVIL ACTION - LAW
REPLY TO NEW MATTER AND ANSWER TO COUNTERCLAIM
AND NOW, comes the Plaintiff, Holly J. Wendell, DVM, by and
through her attorney, Jefferson J. Shipman, Esquire, and files
the following Reply to New Matter and Answer to Counterclaim of
the Defendant as follows:
REPLY TO NEW MATTER
15. The Plaintiff incorporates by reference hereto the
averments set forth as Paragraph 1 -14 of the Plaintiff's
Complaint the same as if they were set forth herein at length.
16. Admitted. It is admitted that the Defendant,
(hereafter "Griffiths") hired the Plaintiff (hereafter "Dr.
Wendell") to perform veterinary services upon his horse, Shannon
Again (hereafter the "horse"), by way of implied contract. By
way of further Reply, it is also averred that the Griffiths
.`Al
expressly contracted with the Dr. Wendell by way of an oral
contract to perform said veterinary services upon his horse for
which the Griffiths agreed to pay her usual and customary rates.
17. Denied. It is specifically denied that for a period of
S
i
several days, Dr. Wendell treated the horse as if it were
9
suffering from an intestinal impaction colic, even though Dr.
Wendell's examination of the horse revealed that the horse was
suffering from a twist or strangulation obstruction, a condition
that requires emergency surgery. By way of further Reply, it is
averred that: (i) the treatment was for a two day time period;
(ii) the horse was suffering from an intestinal impaction colic
as revealed by the rectal examination performed by Dr. Wendell;
(iii) that Dr. Wendell's examination of the horse on the second
day of treatment indicated only a possibility that the horse was
suffering from a twist or strangulation obstruction; (iv) that
Dr. Wendell informed Griffiths that he needed to make a decision
to send the horse for surgery, and (v) Defendant Griffiths
declined or failed to make such decision.
18. Admitted in part and denied in part. Dr. Wendell
admits that she did not perform a peritoneal tap. Dr. Wendell
denies that a peritoneal tap would necessarily have provided a
more definitive answer as to the horse's condition. By way of
further Reply, Dr. Wendell avers that given the potential risks
2
of complications of such a tap, it is generally performed only
when the horse becomes a surgery candidate and since Griffiths
had not elected to have such surgery on the horse, it was good
veterinary practice not to perform such a tap.
19. Denied. Dr. Wendell specifically denies that at no
time did she refer the horse for surgery. By way of further
reply, it is averred that on several occasions, Dr. Wendell did
ask Griffiths whether or not he wanted to consider surgery for
the horse and Griffiths refused to make the decision each time,
indicating that he wanted to see how the horse did with the fluid
treatment and passage of time. It is further averred that Dr.
Wendell cannot refer a horse for surgery without the owner's
permission and that, Griffiths failed or refused to give such
permission.
20. Denied. It is specifically denied that Dr. Wendell is
failure to properly diagnose, properly treat, properly test and
refer to surgery were breaches of her duty to use reasonable
care, skill and diligence. On the contrary it is averred that
Dr. Wendell properly diagnosed, treated, tested and referred the
horse for surgery. It is further averred that the horse died
because of Griffiths turning the horse out unattended when it
suffered from colic, causing it to suffer further injury,
including the risk of a twist or strangulation of the intestines
3
further complicated by Griffith's failure to send the horse to
New Bolton for a surgical consult.
21. Denied. It is specifically denied that as a result of
breach of duty, Griffiths suffered the loss of his horse and
unborn foal. By way of further reply, Defendant incorporates
the reply set forth in Paragraph 20 herein.
22. No reply required. Paragraph 22 of Griffith's New Matter
is a conclusion of law to which no answer or reply is required.
23. Dr. Wende:
averments set forth
Complaint, the same
24. Admitted.
admitted.
25. Admitted.
ANSWER TO COUNTERCLAIM
1 incorporates by reference thereto the
in Paragraph 1 - 14 of Dr. Wendell's
is if they were set forth at length herein.
The name and address of Griffiths is
The name and address of Dr. Wendell is
admitted.
26. Admitted in part and denied in part. It is admitted
that Griffiths was the owner of a thoroughbred horse named
SHANNONAGAIN. The remaining Averments of paragraph 26 that the
horse was a champion or was with unborn foal at the time of the
incident are denied as Dr. Wendell is without knowledge or
information so as to form a belief as to the truth and falsity
4
of the said averments and said averments are therefore denied.
Proof thereof is demanded at the trial of this case, if relevant.
27. Admitted in part and denied in part. It is admitted
that Griffiths contacted Dr. Wendell to come to
examine his horse. It is denied that Griffiths
his horse was in a great deal of pain as Dr. We
knowledge or information so as to form a belief
and falsity of the said averment and said
averment is therefore denied. Proof thereof is
trial of this case, if relevant.
his farm to
became aware that
zdell is without
as to the truth
demanded at the
28. Admitted. It is admitted that on May 7, 1999, Dr.
Wendell visited Griffith's farm and entered into an implied
contract to supply veterinary services and that Griffiths would
pay for such services and that she examined the horse, performed
a rectal examination and found an impaction and treated the horse
by passing a stomach tube and administering mineral oil through
the tube. It is further averred by way of clarification that as
of a part of the rectal examination Dr. Wendell found an
impaction in the horse's intestines. It is further averred that
after administering the mineral oil through the tube, Dr. Wendell
suggested the institution of fluid therapy and that Griffiths
declined such therapy at that time.
5
29. Admitted in part and denied in part. It is admitted
that after administering the mineral oil through the tube, Dr.
Wendell left Griffiths' farm and returned at approximately 5:30
p.m. on May 7, 1999, to check on the horse's condition. It is
denied that horse's condition had not improved after the
administration of mineral oil and it is averred that the
condition had improved, in that the impaction was softer and
there was some mineral oil in the rectum indicating that the
fluids given through the stomach had passed through the
intestinal tract. [It is admitted that there was no intestinal
motility heard by auscultation of the abdomen at that time.] It
further admitted that Dr. Wendell commenced fluid therapy via a
catheter and she instructed Griffiths to administer fluid to the
horse via the catheter that evening. It is admitted that
Griffiths did administer the fluid. It is denied that Griffiths
monitored the horse throughout the evening of May 7, 1999, and on
the contrary it is averred that Griffiths turned the horse out
into the pasture and left the horse unattended, contrary
to the specific instructions given by Dr. Wendell to Griffiths.
30. Admitted. It is admitted that on May 8, 1999, at
approximately 9:00 a.m. Griffiths contacted Dr. Wendell and
informed her that the horse's condition had worsened overnight
and requested that she return to his farm.
6
31. Admitted. It is admitted that when Dr. Wendell returned
to the Griffith's farm on May 8, 1999. She examined the horse by
checking the heart rate, performing a rectal examination,
checking the mucus membranes for capillary refill time and
listening to the abdomen for movement.
32. Admitted in part and denied in part. It is admitted
that the examination revealed that the horse's heart rate had
increased, the colon evidenced impaction and that there was a
slow capillary refill time. It is denied that the cecum was
distended and that there was no movement in abdomen. It is
admitted that the conditions demonstrated that the condition of
the horse had worsened since the previous day and that the horse
may now be suffering from a twisted gut or volvulus, conditions
that could require emergency surgery. By way of further answer,
it is averred, however, the above referenced symptoms only
indicate the possibility of a twisted gut not the certainty.
33. Admitted. It is admitted that Dr. Wendell passed a
nasogastric tube to check for reflux and possibly administer more
fluid and mineral oil and nasogastric fluid refluxed out of the
tube.
34. Admitted. It is admitted that Dr. Wendell did not
perform a peritoneal tap that might have demonstrated intestinal
damage. By way of further answer, (i) since there are risks to
7
the health of the horse in performing such a tap; (ii) the "tap"
would not certainly and definitively establish or rule out the
presence or absence of a twisted gut, and (iii) such taps
are generally performed under sterile conditions at the
consulting surgery facility, before surgery is performed. It is
further averred that no such tap was requested by Griffiths.
35. Admitted. It is admitted that on the morning of May 8,
1999, after examination, Dr. Wendell recognized a possibility of
a twisted gut or volvulus. It is further averred that she
further informed Griffiths that there was nothing more she could
do to the horse other than supportive measures, and that it was
his decision whether or not to send the horse to New
Bolton for surgery. In response to these recommendations,
Griffiths decided to wait and see how the horse did during the
day and failed or refused to promptly agree to send his horse to
New Bolton for a surgical consult and possible emergency surgery.
36. Admitted. It is admitted that Dr. Wendell suggested
additional fluid therapy, went back to her veterinarian clinic to
obtain the additional fluids, returned to the farm to hook up the
fluids to the catheter at approximately 12:00 p.m., left the farm
and again returned at 6:00 p.m. By way of further answer, it is
averred that the additional fluid therapy was utilized since
Griffiths was unwilling to send his horse to New Bolton for a
8
surgical consult or for surgery and that such fluid therapy was ;
the only course of action that could be taken by Dr. Wendell
under the circumstances. It is further averred that Dr. Wendell
fully and completely informed Griffiths of the limitations on
treatment for this condition and that surgery should be
considered through New Bolton and that Griffiths elected to
continue fluid therapy treatment rather than take his horse to
New Bolton for further treatment even though he was fully aware
of the consequences or potential consequences that could result '
to the horse as a the result thereof.
37. Admitted in part and denied in part. It is admitted
that upon examination, Dr. Wendell discovered that the mucous
membranes were the same or slightly worse; intestinal motility
had decreased; the cecum was distended; and that she again
suggested additional fluid therapy. It is denied that the heart
rate had increased, it being at the same level it was earlier in
the day or that the rectal impaction was larger, it being the
same size as it had been earlier during the day. By way of
further answer, it is averred that a nasogastric tube was
inserted and this time no reflux occurred and that Dr. Wendell
again suggested to Griffiths that he should consider sending the
horse to New Bolton for possible surgery and that in response
9
thereto, Griffiths again failed to make the decision to take the I
course of action suggested by Dr. Wendell.
38. Admitted in part and denied in part. It is admitted
that Dr. Wendell then provided Griffiths with numerous bags of
fluid and instructed him to monitor the horse and to provide the
fluids. It is denied that the bags indicated that only a
veterinarian could administer that fluid.
39. Admitted. It is admitted that Dr. Wendell then left
for a dinner party.
40. Denied. It is specifically denied that when she
departed the farm to attend a dinner party, the condition of the
horse was deteriorating.
41. Denied. Dr. Wendell is without knowledge or
information sufficient to form a belief as to the truth or
falsity of the averments in Paragraph 41 of the Counterclaim and
said averments are therefore denied. Proof thereof is demanded
at the trial of this case, if relevant.
42. Denied. Dr. Wendell is without knowledge or
information sufficient to form a belief as to the truth or
falsity of the averments in Paragraph 42 of the Counterclaim and
said averments are therefore denied. Proof thereof is demanded
at the trial of this case, if relevant.
10
43. Denied. Dr. Wendell is without knowledge or
information sufficient to form a belief as to the truth c :>r
falsity of the averments in Paragraph 43 of the Counterclaim and
said averments are therefore denied. Proof thereof is demanded
at the trial of this case, if relevant.
44. Denied. Dr. Wendell is without knowledge or
information sufficient to form a belief as to the truth o r
falsity of the averments in Paragraph 44 of the Counterc 1 aim and
said averments are therefore denied. Proof thereof is demanded
at the trial of this case, if relevant.
45. Denied. It is specifically denied that at no time over
the two day period of treatment did Dr. Wendell indicate or
request that SHANNONAGAIN be referred to a veterinary hospital
for surgery. On the contrary, it is averred that Dr. Wendell did
ask Griffiths if he would send his horse to New Bolton for
surgery and that Griffiths refused to make a decision pertaining
to the same, rather taking the position of wait and see and
continue with fluid therapy.
46. Denied. It is specifically denied that Dr. Weridell's
failure to refer SHANNONAGAIN for surgery to a veterinary
hospital and a continual persistent efforts to treat the horse's
condition with fluids resulted in the death of SHANNONAGAIN and
her unborn foal. By way of further answer, it is further.
11
averred that the actual cause of death of SHANNONAGAIN and her
alleged unborn foal, if there was an unborn foal, is unknown
since no post-mortem had been performed.
47. Denied. It is specifically denied that the action and
failure to act by Dr. Wendell caused Griffiths to suffer the loss
of his mare and unborn foal or that the market value of
SHANNONAGAIN was approximately $20,000.00 and proof is demanded
at the time of trial.
COUNT I
NEGLIGENCE
48. Dr. Wendell incorporates by reference hereto the
averments set forth in Paragraphs 1 - 38 of her Complaint and
Reply and Answer herein the same as if they were set forth at
length.
49. Denied. It is specifically denied that the actions and
failure to act, of Dr. Wendell, as set forth above, breached her
duty to use reasonable care and fell below the reasonable degree
of skill, diligence and attention which is ordinarily expected
from a veterinarian generally, specifically as follows:
a. Denied. It is specifically denied that Dr.
Wendell failed to properly diagnose and treat the condition
from which SHANNONAGAIN suffered;
12
ry'- T.J
b. Denied.
Wendell breached
fluid therapy for
c. Denied.
Wendell failed to
d. Denied.
It is specifically denied that Dr.
ner duty of care in treating the horse with
colic;
It is specifically denied that Dr.
refer SHANNONAGAIN for surgery;
It is specifically denied that Dr.
Wendell breached her duty of care in failing to perform a
peritoneal tap to obtain additional information regarding
the horse's condition. It is specifically denied that as a
direct and proximate result of Dr. Wendell's negligence and
failure to exercise the appropriate standard of care that
Griffiths has suffered a loss of $20,000.00. Proof thereof
is demanded at the trial of this case, if relevant.
WHEREFORE, Plaintiff, Dr. Wendell, respectively requests
this Honorable Court to enter judgment in favor of Dr. Wendell as
alleged in her Complaint and against Griffiths for his
Counterclaim together with costs of suit.
NEW MATTER
50. That Counterclaim Plaintiff has failed to state a cause
of action.
51. That any alleged injuries and damages were not caused
by any acts, omissions or breaches of duty by Dr. Wendell, but
13
were caused in whole or in part, or were contributed to, by the
negligence, fault or want of care by the counterclaim Plaintiff.
52. That the Counterclaim Plaintiff's alleged cause of
action is caused in whole or in part by the Pennsylvania
Comparative Negligence Act, or by the Doctrine of Comparative
Negligence.
53. That the Counterclaim Plaintiff may have assumed the
risk of any injuries or damages.
WHEREFORE, the Plaintiff, Dr. Wendell, respectfully requests
that the Counterclaim be dismissed with prejudice.
Respectfully submitted,
, KATZMAN & SHIPMAN, P.C.
AttSrney I.D. #51785
320 Market Street
P. 0. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Holly J. Wendell, DVM
Date: 11 l 7-'1
54956.1
14
11/10/00 18:15 DIANE G RADCLIFF 4 2346808
VERIFICATION
NO.040 D27
i verify that the statements made in the foregoing Answer to
New Matter counterclaim are true and correct. I understand that
false statements herein are made subject to the penalties of 18
Pa_C.S. Section 4904, relating to unsworn falsification to
ties.
?S Of
UVM
DIANE G. RADCLIFF
3418 TRINDLE ROAD
CAMP HILL. PA 1701
PHONE (717) 737.0101
FAX (717) 975-0697
ID # 32112
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served on the following counsel of record, by depositing the same
in the United States Mail, postage prepaid, in Harrisburg,
Pennsylvania, on
Gregory J. Katshir, Esquire
900 Market Street
Lemoyne, PA 17043
Attorney for Eugene Griffiths
, KATZMAN & SHIPMAN, P.C.
1'. fe`fson J. Shipman) Esquire
#: 51785
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Holly Wendell, DVM
GREGORY J. KATSHIR
Attorney at Law
September 9, 2002
John M. Eakin, Esquire
Market Square Building
Nlechanieshurg PA 17055
RE: Wendell v. Griffiths
HAND DELIVERED TO BOX
IN PROTHONOTARY
Dear Mr. Eakin:
Enclosed please find a clocked-in copy of Defendant Eugene Griffiths'
Answer, New Matter and Counterclaim as per your request.
If you have any questions, please feel free to contact me.
Very tr ly yo s,
Gregory . ?atshir
GJIi\tkk
Enclosure
Cc: Jefferson J. Shipman, Esquire
client
900 Market Street * Lemoyne, Pennsylvania 17043 • (717) 763-8133 • Fax (717) 763-9425
HOLLY J. WENDELL, DVM.
Plaintiff
V.
EUGENE GRIFFITHS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-7999 CIVIL TERM
IN RE: PETITION FOR APPOINTMENT OF ARBITRATORS
ORDER OF COURT
AND NOW, August 21, 2002, in consideration of Judge Edgar E.
Bayley's Pre-Trial Conference Order of this date directing that this case be
submitted to arbitration, John Eakin, Esquire, is appointed chairman of the
2 e'
arbitration panel, and Lindsay are Baird, Esquire, and Paul Orr, Esquire,
are appointed arbitrators in the above-captioned action.
By the Court,
I
Geo . Hoffer, P. .
Jefferson J. Shipman, Esquire
For Plaintiff
`lL3_br3?
Gregory J. Katshir, Esquire
For Defendant
Hon. Edgar B. Bayley
John Eakin, Esquire ;
Chairman of Arbitration Panel
Court Administrator
a ?,),Wt. Z-04/-
G. COLETA NOVA,
Plaintiff
V.
CUMBERLAND VALLEY MOTORS and
SUBARU OF AMERICA, INC.,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96-5425 CIVIL TERM
L
I Gv? ? 3
eu ?l l ?? Lw? l •_. M it ??? G? •t..u .? c?? i l l U vac. -lr ^-
orsa ' Rted fn-t
the
fixed Tuesday, J y 21, 1998, at 1:00
o'clock, P. M - , in the ?B?OOM•. 4.th--r-loon"•of:--the-New
Courthouse, Carlisle, P pnsylvania as th time and place for Bethe?
hearing- "?/],I,a.Gyo! ?L@(l?t'' ?il/l.?or? a.G'r>i, r/ ,C(Ct rL'r/? ?lisWLi?w^.-.
Anyone finding this time unsuitable will please make
appropriate arrangements with all counsel involved for another
time, including the scheduling of the Hearing Room.
May 21, 1998
David A. Baric, Esquire
17 West South Street
Carlisle, PA 17013
Arbitrator
Carol J. Lindsay, Esquire
Flower, Morgenthal, Flower &
Lindsay
11 East High Street
Carlisle, PA 17013
Attorney for Plaintiff
rrll ?* {fer, Chairman
Lisa Marie Coyne, Esquire
3901 Market Street
Camp Hill, PA 17011
Arbitrator
Thomas M. Hinchey, Esquire
1800 One Liberty Place
Philadelphia, PA 19103-7395
Attorney for Defendants
Office of Court Administrator
1 Court House Square
Carlisle, PA 17013
HOLLY J. WENDELL, DVM : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Counter Defendant : CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO: 99-7999 CIVIL TERM -
EUGENE GRIFFITHS, : CIVIL ACTION - LAW ;.
Defendant/Counter Plaintiff :
TO: COUNTER DEFENDANT
NOTICE TO DEFEND c_
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 THTS 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
Lawyer Referral Service
2 Liberty Avenue
Carlisle PA 17013
Telephone: (717) 249-3166
HOLLY J. WENDELL, DVM, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO. 99-7999 CIVIL TERM
EUGENE GRIFFITHS, : CIVIL ACTION - LAW
Defendant
ANSWER, NEW MATTER and COUNTERCLAIM
AND NOW, comes Defendant, Eugene Griffiths, by and through his
attorney, Gregory J. Katshir, Esquire, with the following Answer, New
Matter and Counterclaim as follows:
ANSWER
1. Paragraph one (1) of Plaintiffs Complaint is admitted.
2. Paragraph two (2) of Plaintiffs Complaint is admitted.
3. Paragraph three (3) of Plaintiffs Complaint is admitted.
4. Paragraph four (4) of Plaintiffs Complaint is admitted.
5. Paragraph five (5) of Plaintiffs Complaint is admitted.
6. Paragraph six (6) of Plaintiffs Complaint is admitted in part and
denied in part. It is admitted that Plaintiff went to Defendant's
barn at his request. It is denied that Defendant entered into an
oral contract. It is admitted that the parties entered into an
implied contract wherein Plaintiff would provide veterinary
services and Defendant would pay for those services. That implied
contract was based upon past dealings between the parties. It is
also specifically denied that the parties entered into a contract,
either oral or implied for the treatment of an intestinal impaction
colic from which the horse, ShannonAgain was suffering. It is
averred by Defendant that ShannonAgain was not suffering from
an intestinal impaction colic but rather was suffering from a twist,
or strangulation obstruction, a more serious form of colic that
requires surgery.
7. Paragraph seven (7) of Plaintiffs Complaint is denied. Defendant
denies entering into an oral contract or specifically agreeing to pay
Plaintiff her normal and customary charges for veterinary services.
8. Paragraph eight (8) of Plaintiffs Complaint is admitted in part and
denied in part. It is admitted that Plaintiff billed Defendant the
amount of $947.25 for services claimed to have been rendered by
Plaintiff. It is denied that any veterinary services were provided
pursuant to an oral contract. Furthermore, Plaintiffs action to
recover fees is barred by Plaintiffs negligent conduct. Specifically,
Plaintiff failed to properly diagnose ShannonAgain's illness, failed
to perform necessary tests to determine the exact condition of the
horse, failed to properly treat the horse, and failed to refer the
horse for surgery. Plaintiff s conduct in failing to properly
diagnose, test and treat Defendant's horse was a breach of
Plaintiffs duty to exercise reasonable care, skill and diligence on
behalf of Defendant and Defendant's horse. As a result of
Plaintiffs negligence Defendant's horse and unborn foal died and
Defendant has suffered loss in the value of ShannonAgain and the
unborn foal.
9. Paragraph nine (9) of Plaintiffs Complaint is denied. The parties
did not enter into any oral, implied or written contract that
provided for terms of payment.
10. Paragraph ten (10) of Plaintiffs Complaint is denied. After
reasonable investigation Defendant is without sufficient
knowledge or information to form a belief as to the truth of the
averments and strict proof thereof is demanded at the time of trial.
11. Paragraph eleven (11) of Plaintiffs Complaint is admitted in part
and denied in part. It is admitted that Defendant has refused to
pay Plaintiff the amount of $947.25. However, it is denied that he
has failed to pay within a specific 30 day period. The parties did
not enter into an agreement that called for payment within a
certain period of time.
12. Paragraph twelve (12) of Plaintiffs Complaint is denied. The
parties did not enter into any oral, implied or written contract that
provided for late charges or service fees in the event of any alleged
nonpayment.
13. Paragraph thirteen (13) of Plaintiffs Complaint is admitted in part
and denied in part. It is admitted that Plaintiff incurred fees and
costs at the District Justice level, however, it is denied that
Defendant is responsible to Plaintiff for said amounts.
14. Paragraph fourteen (14) of Plaintiffs Complaint is denied.
Paragraph fourteen (14) attempts to set forth some type of legal
conclusion to which no responsive pleading is required.
WHEREFORE, Defendant requests that Plaintiffs claim be denied.
NEW MATTER
15. The representations set forth in Paragraphs one through fourteen
(1.14) are incorporated herein as if the same were set forth in
detail.
16. By way of implied contract, Defendant hired Plaintiff to perform
veterinary services upon his horse.
17. For a period of several days, Plaintiff treated the horse as if it were
suffering from intestinal impaction colic, even though the
Plaintiffs examinations of the horse revealed that the horse was
suffering from a twist, or strangulation obstruction, a condition
that requires emergency surgery.
18. Plaintiff did not perform a peritoneal tap that would have provided
a more definitive answer as to the horse's condition.
19. At no time did Plaintiff refer the horse for surgery, even though,
based upon the horse's symptoms, it was necessary to do so.
20. Plaintiffs failure to properly diagnose, properly treat, properly
test, and refer to surgery were breaches of her duty to use
reasonable care, skill and diligence.
21. As a result of her breach of duty, Defendant suffered the loss of his
horse and her unborn foal.
22. Plaintiffs action to recover fees is barred by her negligent conduct.
COUNTERCLAIM
AND NOW, comes Counter Plaintiff, Eugene Griffiths, by and
through his attorney, Gregory J. Katsbir, Esquire, with the following
counterclaim and avers as follows:
23. Paragraphs one through fourteen (1-14) of Defendant/Counter
Plaintiffs Answer are incorporated herein as if the same were set
forth in detail.
24. Counter Plaintiff, Eugene Griffiths, (hereinafter "Griffiths") is an
adult individual residing at 375 Hollowbrook Drive, Carlisle ,
Pennsylvania.
25. Counter Defendant, Holly J. Wendell; DVM, (hereinafter
"Wendell") is a veterinarian duly licensed to practice veterinary
medicine in the Commonwealth of Pennsylvania having a place of
business located at 25 Shady Lane, Carlisle, Pennsylvania.
26. At all times relevant hereto Griffiths was the owner of a champion,
thoroughbred horse named, SHANNONAGAIN. Additionally, at
all times relevant hereto, SHANNONAGAIN was with unborn foal.
27. On or about May 7, 1999, Griffiths became aware that his horse,
SHANNONAGAIN, was in a great amount of pain. Griffiths
contacted Wendell to request that she come to his farm to examine
the horse.
28. On May 7, 1999, Wendell did in fact visit Griffiths' farm. The
parties entered into an implied contract wherein Wendell would
provide veterinary services and Griffiths would pay for those
services. Wendell did examine ShannonAgain. Wendell
performed a rectal examination to find that the horse's intestines
were not moving. Based upon that examination, Wendell believed
that the horse had an impacted colon. Wendell treated the
condition by passing a stomach tube into the horse and
administering mineral oil through the tube.
29. After administering the mineral oil through the tube, Wendell left
Griffiths' farm. Wendell returned at approximately 5:30 p.m. on
May 7, 1999 to check on the horse's condition. The horse's
condition had not improved after the administration of the mineral
oil. Wendell again performed a rectal examination to reveal no
intestinal mobility. At that time, Wendell commenced fluid
therapy by installing a catheter. Wendell instructed Griffiths to
administer fluid to the horse via the catheter throughout the
evening. Griffiths did administer the fluid and monitored the
horse throughout the evening of May 7, 1999.
30. On May 8, 1999, at approximately 9:00 a.m., Griffiths again
contacted Wendell. He informed her that he believed that the
condition of the horse had worsened overnight. Griffiths requested
that Wendell return to the farm.
31. Wendell returned to the farm on May 8, 1999. Upon return,
Wendell examined the horse by checking the heart rate,
performing a rectal examination, checking the mucus membranes
for capillary refill time, and listening to the abdomen for
movement.
32. The examinations revealed that the horse's heart rate had
increased, the colon was impacted and the cecum was distended,
there was a slow capillary refill time, and there was no movement
in the abdomen. These conditions demonstrated that the condition
of the horse had worsened and that the horse may be suffering
from a twisted gut or volvulvus, conditions that require emergency
surgery.
33. In addition to the above examinations, Wendell also passed a
nasograstic tube. After the insertion of the tube, Wendell placed
fluid in the tube in an effort to pass the fluid to the stomach of the
horse. The fluid refluxed out of the tube.
34. Wendell did not perform a peritoneal tap that would have
demonstrated intestinal damage.
35. On the morning of May 8, 1999, after examination, Wendell
recognized the possibility of a twisted gut or volvulvus.
36. Wendell again, however, suggested additional fluid therapy. After
going to her veterinary clinic to obtain additional fluids, Wendell
returned to the farm to hook-up the fluids to the catheter at
approximately 12:00 p.m. Wendell left the farm and again
returned at approximately 6:00 p.m.
37. At that time, upon examination, it was discovered that the heart
rate had again increased, the mucus membranes were the same or
slightly worse, mobility in the abdomen had decreased, the rectal
impaction was larger and the cecum was distended. Again
Wendell suggested additional fluid treatment.
38. Wendell then provided Griffiths with numerous bags of fluid,
including several that included instructions that indicated that
only a veterinarian should administer that fluid. Wendell
instructed Griffiths to monitor the horse and provide fluids.
39. Wendell then left to attend a dinner party.
40. At the time Wendell departed the farm to attend the dinner party,
the condition of the horse was deteriorating.
41. Shortly after Wendell's departure, Griffiths attempted to contact
Wendell via her page system. Griffith was attempting to inform
Wendell that the condition of the horse had deteriorated to the
extent that he believed she was going to die. Wendell did not
return the message left by Griffiths.
42. Due to the fact that Wendell did not respond to the page left by
Griffiths and the apparent life threatening condition of the horse,
Griffiths contacted another veterinarian.
43. Upon Griffiths' explanation of the horse's symptoms and condition
to the veterinarian on the telephone, the other veterinarian
instructed Griffiths to immediately take the horse to the
University of Pennsylvania School of Veterinary Medicine New
Bolton Center in order to undergo emergency surgery.
44. Griffiths attempted to transport SHANNONAGAIN to New Bolton
Center in Kennett Square, Pennsylvania, however, the mare, with
unborn foal, died en route.
45. At no time over the two (2) day period of treatment did Wendell
indicate or request that SHANNONAGAIN be referred to a
veterinary hospital for surgery.
46. Wendell's failure to refer SHANNONAGAIN for surgery at a
veterinary hospital and her continued, persistent efforts to treat
the horse's condition with fluids resulted in the death of
SHANNONAGAIN and her unborn foal.
47. The actions, and failure to act, of Wendell have caused Griffiths to
suffer the loss of his valuable thoroughbred mare and her unborn
foal. The market value of SHANNONAGAIN and the unborn foal
was approximately $20,000.00.
COUNTI
I,
I?
f?
I?
t.
NEGLIGENCE
48. Paragraphs one through thirty-eight (1-38) are incorporated herein
as if the same were set forth in detail.
49. The actions, and failure to act, of Wendell, as set forth above,
breached her duty to use reasonable care and fell below the
reasonable degree of skill, diligence and attention which is
ordinarily expected from a veterinarian generally and specifically
in the following particulars:
a) in failing to properly diagnose and treat the condition from which
SHANNONAGAIN suffered;
b) in continuing to treat the horse with fluid therapy for colic when
symptoms of the horse indicated that referral for surgery was
necessary;
c) in failing to refer SHANNONAGAIN for surgery;
d) in failing to perform a peritoneal tap to obtain additional
information regarding the horse's condition.
As a direct and proximate result of Wendell's negligence and failure to
exercise the appropriate standard of care in the treatment of
SHANNONAGAIN, Griffiths has suffered a loss of $20,000.00.
WHEREFORE, Counter Plaintiff Griffiths demands the amount of
$20,000 plus reasonable attorney's fees, costs of suit, and other such
relief as the Court deems proper.
Respectfully
Gregory U. Katshir, Esquire
Attorney for Defendant/Counter
Plaintiff
PA ID#61967
900 Market Street
Lemoyne PA 17043
(717) 763-8133
VERIFICATION OF KNOWLEDGE INFORMATION AND BELIEF
' I verify that the facts set forth in the foregoing Answer, New Matter
and Counterclaim are true and correct to the best of my knowledge,
information and belief. I understand that false averments herein are made
subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
Date: r) J
/Eugene Griffiths
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the
foregoing Answer, New Matter and Counterclaim was served upon the
following via First Class mail, on August Z 2000, postage
prepaid as below:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill PA 17011
)
i
In The Court of Common Pleas of
Cumberland County, ?ennsylvania
'1- No. l9Zv _
0 :A
lie do solemnly swear (or affirm) that we will supporc, obey and defend
the Constitution of the United States and the Constitution of this COIImon-
wealth and that we will discharge the duties of our office with fjdelity.
t0
AWARD
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
(Note: If damages for delay are awarded, they shall be
separately stated.)
Arbitrator, dissents
applicable.)
Dace of Hearing: I I &-' G z
Date of Award: /' C44- 0 "7/
(Insert name i_'
NOTICE OF ENTRY OF AWARD
Now, the /t day of meA,-G., kD ?GU c, at/.):w P..'i. , the above
award vas entered upon the docket and notice thereof given by mail to the
parties or their attorneys. pp
Arbitrators' comoensacion to be "a W hc?
paid upon appeal: ^ F o honocary
$ 2 i o. UO Sy : 77 .0 3w??
Deputy'
ou'l. - - Aq
/ -a-&/
12.ct e. Co. io -23102E
. ,,,CY
-.y
J
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY J. WENDELL, DVM,
Plaintiff
V.
EUGENE GRIFFITHS,
Defendant
99- 73 49
NO.2.ci.29W CIVIL TERM
CIVIL ACTION - LAW
TO THE PROTHONOTARY OF THE SAID COURT:
Please enter judgement in favor of the Plaintiff, Holly J. Wendell, DVM, and against the
Defendant, Eugene Griffiths, in the amount of $1,045.02 pursuant to the award of the
arbitrators entered in this case on October 11, 2002 attached hereto, marked Exhibit "A"and
made a part hereof.
Respectfully submitted,
DI DCLIFF, ESQUI
34 a Road
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 321 12
Attorney for Plaintiff
OCT 1 3 REM
)
In The Court of Common Pleas of
Cumberland County, ?eennsylvania
p
OA.d
tie do solemnly swear (or affirm) that we will support, obey and defend
the Constitution of the United States and the Constitution of this Common-
wealth and that we will discharge the duties of our office with delicv.
I
AWARD
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirmed), make the following award:
(Note: If damages for delay are awarded, they shall be
separately stated.)
Arbitrator, dissents
applicable.)
Dace of Hearing: lk GG.
Date of Award: ! 0-V
NOTICE OF ENTRY OF AWARD
(Insert name if
low, the //j?' day of m &L. , 02A).4 ac/,);w P .:f., the above
award was entered upon the docket and notice chereof given by mail to the
parties or their actorneys. p
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HOLLY J. WENDELL, DVM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v
EUGENE GRIFFITHS,
Defendant
: NO. 99-7399 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY OF THE SAID COURT:
Please mark the above-captioned action and the judgment entered against the Defendant
settled and satisfied.
Respectfully submitted,
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Plaintiff
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