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Home My WebLink About03-4355 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Cameron Mitchell Nitti, a Minor, by His Parents and Natural Guardians, Nicole Aimee Nitti and Virginio Scott Nitti, Nicole Aimee Nitti, Individually, Virginio Scott Nitti, Individually, Plaintiffs v. Civil Action Peter deJong, Robin deJong, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE NUMBER: (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Cameron Mitchell Nitti, a Minor, by His Parents and Natural Guardians, Nicole Aimee Nitti and Virginio Scott Nitti, Nicole Aimee Nitti, Individually, Virginio Scott Nitti, Individually, Plaintiffs No. o_a- q.5 5%" Civil Action Peter deJong, Robin deJong, Defendants COMPLAINT 2 FIRST COUNT Plaintiffs complain against defendants and each of them and for a first claim for relief allege: 1. Plaintiffs are individuals and citizens of the United States and each is a resident of 105-4 Yamate Cho, Naka Ku, Yokohama 2310862, Japan. 2. Defendants are individuals and each is domiciled in the Commonwealth of Pennsylvania and a resident of 1822 Red Spruce Lane, Mechanicsburg, Pennsylvania 17050-8520. 3. Plaintiff Cameron Mitchell Nitti is a minor child, born on January 31, 2000 (Minor-Plaintiff). Minor-Plaintiff weighed 31 pounds on September 11, 2002. 4. This action is brought by plaintiffs Nicole Aimee Nitti and Virginio Scott Nitti, husband and wife and parents and natural guardians of Minor-Plaintiff (Parent-Plaintiffs), with whom Minor-Plaintiff resides, on their own behalf and on behalf of Minor-Plaintiff. 5. On September 11, 2002, plaintiffs lived in a residence at 700 BiYun Rd, C13 Green Villas, Pudong New District, Pudong, Shanghai, China 201206. 6. On September 11, 2002, defendants BiYun Rd, C15 Green Villas, Pudong Shanghai, China 201206. lived in a residence at 700 New District, Pudong, 7. On September 11, 2002, defendants owned and harbored an aggressive, vigorous, 60-pound Chow Chow dog at their Shanghai, China residence (Dog). 8. Prior to September 11, 2002 on at least three occasions during defendants' ownership of Dog, Dog had attacked, without provocation, another child and other domestic animals. 4 Defendants knew of Dog's history and knew Dog to be ferocious, vicious and mischievous with an abnormally dangerous propensity to attack. 10. On or about September 11, 2002, while Minor-Plaintiff was lawfully at defendants' residence in Shanghai, China, Dog attacked, bit and clawed Minor-Plaintiff. 11. Dog's attack caused injuries to Minor-Plaintiffs mouth, face and chest. 12. Defendants were negligent a) in owning and harboring at their residence in Shanghai, China Dog with a dangerous propensity to attack humans and other domesticated animals and b) in failing to take proper precautions to preclude Dog's attack on Minor-Plaintiff. 13. Defendants are strictly liable for injuries and damages caused by Dog which was an abnormally dangerous domestic animal that defendants harbored at their residence. 14. The People's Republic of China holds owners strictly liable for injuries and damages caused by their domesticated animals. Article 127 of the General Principles of the Civil Law of the People's Republic of China provides: If a domesticated animal causes harm to any person, its keeper or manager shall bear civil liability. If the harm occurs due to the fault of the victim, the keeper or manager shall not bear civil liability; if the harm occurs due to the fault of a third party, the third party shall bear civil liability. 15. Minor-Plaintiff was seriously injured by Dog's attack, requiring hospitalization in China and Singapore, a painful series of rabies injections over a four-week period, two operations, 67 sutures and multiple future surgeries. Minor-Plaintiff also suffered psychological injuries and damages, permanent disfigurement and substantial pain and suffering which will continue in the future. 16. Parent-Plaintiffs were obliged to and did necessarily employ medical aid and attendance for their son Minor-Plaintiff and did become liable therefor. Parent-Plaintiffs are also obliged to employ medical aid and attendance in the future for their son Minor-Plaintiff and will become further liable therefor. SECOND COUNT Plaintiffs complain against defendants and each of them and for a second claim for relief allege: 1. Plaintiffs incorporate Paragraphs 1 - 11 and Paragraphs 15 and 16 of plaintiffs' First Count against defendants and make those Paragraphs a part hereof. 2. Defendants were recklessly indifferent to the safety of Minor- Plaintiff and other small children invitees to defendants' residence by failing to heed many warnings that Dog was dangerous and allowing Dog to roam freely about the residence when small children invitees were present, thereby subjecting Minor-Plaintiff and other small children invitees to the risk of a very harmful, bloody attack by Dog. WHEREFORE, plaintiffs demand: on plaintiffs first claim for relief, 1. judgment against defendants and each of them for the sum of $1,240,000 as compensatory damages, 2. costs of this action and 3. such other and further relief as the court may deem just and proper; on plaintiffs second claim for relief, 1. judgment against defendants and each of them for the sum of $1,000,000 or such other sum as the court deems just and proper as exemplary and punitive damages. Respectfully submitted, Virg~io Scott Nitti, Individually and as Parent and Natural Guardian of Cameron Mitchell Nitti, a Minor Address: c/o Barry Morrell 980 North Michigan No. 1416, Suite 1400 Chicago, Illinois 60611 Telephone Number: (312) 593-5185 Nicole Aimee Nitti, Individually and as Parent and Natural Guardian of Cameron Mitchell Nitti, a Minor Address: cio Barry Morrell 980 North Michigan No. 1416, Suite 1400 Chicago, Illinois 60611 Telephone Number: (312) 593-5185 SHERIFF'S RETURN - REGULAR CASE NO: 2003-04355 P COMMON-WEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NITTTI CAMERON MITCHELL ET AL VS DEJONG PETER ET AL KENNETH GOSSERT Cumberland County,Pennsylvania, who being duly says, the within COMPLAINT & NOTICE was DEJONG PETER DEFENDANT , at 0945:00 at 1822 RED SPRUCE LANE MECHANICSBURG, PA 17050 ROBIN DEJONG, WIFE a true and attested copy of , Sheriff or Deputy Sheriff of sworn according to law, served upon the HOURS, on the 9th day of September, 2003 by handing to COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this /? ~ day of ~r6thonotary , t ' So Answers: R. Thomas Kline 09/10/2003 BARRY MORRELL By: SHERIFF'S CASE NO: 2003-04355 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NITTTI CAMERON MITCHELL ET AL VS DEJONG PETER ET AL RETURN - REGULAR KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE DEJONG ROBIN DEFENDANT , at 0945:00 HOURS, at 1822 RED SPRUCE L~kNE MECHANICSBURG, PA 17050 ROBIN DEJONG a was served upon the on the 9th day of September, 2003 by handing to true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 77~ day of ~ ~2~.~? A.D. ~ P'rot honor ary So Answers: R. Thomas Kline 09/10/2003 BARRY MORRELL By: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Cameron Mitchell Nitti, a Minor, by His Parents and Natural Guardians, Nicole Aimee Nitti and Virginio Scott Nitti, Nicole Aimee Nitti, Individually, Virginio Scott Nitti, Individually, Plaintiffs Peter deJong, Robin deJong, Defendants No. 03-4355 Civil Action NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE NUMBER: (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Cameron Mitchell Nitti, a Minor, by His Parents and Natural Guardians, Nicole Aimee Nitti and Virginio Scott Nitti, Nicole Aimee Nitti, Individually, Virginio Scott Nitti, Individually, Plaintiffs No. 03~355 CMl Action Peter deJong, Robin deJong, Defendants AMENDED COMPLAIN']' FIRST COUNT Plaintiffs complain against defendants and each of them and for a first claim for relief allege: 1. Plaintiffs are individuals and citizens of the United States and each is a resident of 105-4 Yamate Cho, Naka Ku, Yokohama 2310862, Japan. 2. Defendants are individuals and each is domiciled in the Commonwealth of Pennsylvania and a resident of 1822 Red Spruce Lane, Mechanicsburg, Pennsylvania 17050.-8520. 3. Plaintiff Cameron Mitchell Nitti is a minor (,h~ld, born on January 31, 2000 (Minor-Plaintiff). Minor-Plaintiff weighed 31 pounds on September 11, 2002. 4. This action is brought by plaintiffs Nicole Aimee Nitti and Virginio Scott Nitti, husband and wife and parents and natural guardians of Minor-Plaintiff (Parent-Plaintiffs), with whom Minor-Plaintiff resides, on their own behalf and on behalf of Minor-Plaintiff. 5. On September 11, 2002, plaintiffs lived in a residence at 700 BiYun Rd, C13 Green Villas, Pudong New District, Pudong, Shanghai, China 201206. 6. On September 11, 2002, defendants lived in a residence at 700 BiYun Rd, C15 Green Villas, Pudong New District, Pudong, Shanghai, China 201206. 7. On September 11, 2002, defendants owned and harbored an aggressive, vigorous, 60-pound Chow Chow dog at their Shanghai, China residence (Dog). 8. Prior to September 11, 2002 on at least three occasions during defendants' ownership of Dog, Dog had attacked, without provocation, another child and other domestic animals. 4 9. Defendants knew of Dog's history and knew Dog to be ferocious, vicious and mischievous with an abnormally dangerous propensity to affack. 10. On or about September 11, 2002, while Minor-Plaintiff was lawfully at defendants' residence in Shanghai, China, Dog attacked, bit and clawed Minor-Plaintiff. 11. Dog's attack caused injuries to Minor-Plaintiff's mouth, face and chest. 12. Defendants were negligent a) in owning and harboring at their residence in Shanghai, China Dog with a dangerous propensity to attack humans and other domesticated animals and b) in failing to take proper precautions to preclude Dog's attack on Minor-Plaintiff. 13. Defendants are strictly liable for injuries and damages caused by Dog which was an abnormally dangerous domestic animal that defendants harbored at their residence. 5 14. The People's Republic of China holds owners strictly liable for injuries and damages caused by their domesticated animals. Article 127 of the General Principles of the Civil Law of the People's Republic of China provides: If a domesticated animal causes harm to any person, its keeper or manager shall bear civil liability. If the ha~'m occurs due to the fault of the victim, the keeper or manager' shall not bear civil liability; if the harm occurs due to the fault of a third party, the third party shall bear civil liability. 15. Minor-Plaintiff was seriously injured by Dog's attack, requiring hospitalization in China and Singapore, a painful series of rabies injections over a four-week period, two operations, 67 sutures and multiple future surgeries. Minor-Plaintiff also suffered psychological injuries and damages, permanent disfigurement and substantial pain and suffering which will continue in the future. 16. Parent-Plaintiffs were obliged to and did necessarily employ medical aid and attendance for their son Minor-Plaintiff and did become liable therefor. Parent-Plaintiffs are also obliged to employ medical aid and attendance in the future for their son Minor-Plaintiff and will become further liable therefor. SECOND COUNT Plaintiffs complain against defendants and each of them and for a second claim for relief allege: 1. Plaintiffs incorporate Paragraphs 1 .- 11 and Paragraphs 15 and 16 of plaintiffs' First Count against defendants and make those Paragraphs a part hereof. 2. Defendants were recklessly indifferent to the safety of Minor- Plaintiff and other small children invitees to defendants' residence by failing to heed many warnings that Dog was dangerous and allowing Dog to roam freely about the residence when small children invitees were present, thereby subjecting Minor-Plaintiff and other small children invitees to the risk of a very harmful, bloody attack by Dog. WHEREFORE, plaintiffs demand a jury trial. WHEREFORE, plaintiffs demand: on plaintiffs first claim for relief, 1. judgment against defendants and each of them for the sum of $1,240,000 as compensatory damages, 2. costs of this action and 3. such other and further relief as the court may deem just and proper; on plaintiffs second claim for relief, 1. judgment against defendants and each of them for the sum of $1,000,000 or such other sum as the court deems just and proper as exemplary and punitive damages. Respectfully submitted, ~ginio Scott 'Nitti, Individually and as Parent and Natural Guardian of Cameron Mitchell Nitti, a Minor Address: cio Barry Morrell 980 North Michigan No. 1416, Suite 1400 Chicago, Illinois 60611 Nicole Aimee Nitti, Individually and as Parent and Natural Guardian of Cameron Mitchell Nitti, a Minor Address: cio Barry Morrell 980 North Michigan No. 1416, Suite 1400 Chicago, Illinois 60611 Telephone Number: Telepho~ne Number: (312) 593-5185 (312) 593-5185 HOYLE, FICKLER, HERSCHEL & MATHES LLP By: Jan Fink Call Tammi Markowitz I.D. Nos. 58238, 84822 One South Broad Street Suite 1500 Philadelphia, PA 19107 (215) 981-5700 (215) 981-5959 (facsimile) TO=. Pkt~g~.,~tt Pt YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED ~C~.~ ~IIHiN TWENTY (20) DAYS OF SERVICE ~RE~ ~ DEFAULT JUDGMENT ~Y ~ ENTERED ~NSI YOU~ Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Cameron Mitchell Nitti, a Minor, by His Parents and Natural Guardians, Nicole Aimee Nitti and Virginio Scott Nitti, Nicole Aimee Nitti, Individually Virginio Scott Nitti, Individually, Plaintiffs, Ve Peter de Jong, Robin de Jong, Defendants. No. 03-4355 : Civil Action .- ; : .. ANSWER AND NEW MATTER .OF DEFENDANTS PETER DE JONG AND ROBIN DE JON¢' Defendants, Peter de Jong and Robin de Jong ("de Jongs"), by and through their undersigned counsel, hereby respond to the Complaint of plaintiffs, Cameron Mitchell Nitti, Nicole Aimee Nitti and Virginio Scott Nitti ("Nittis"), and aver as follows: 1. After reasonable investigation, the de Jongs are without knowledge or information sufficient to form a belief as to the truth of the aw:rments contained in Paragraph 1 of the Complaint. 2. Admitted. 3. After reasonable investigation, the de Jongs are without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 3 of the Complaint. Admitted upon information and belief. Admitted. 6. Admitted. 7. Denied. The de Jongs specifically deny that they "owned and harbored an aggressive, vigorous, 60 pound Chow Chow dog." To the contrary, the de Jongs owned a 40 to 50 pound, family dog, which was not a Chow Chow m~d was not aggressive or vigorous (hereinafter "the Dog"). 8. Denied. The de Jongs specifically deny that during their ownership of the Dog, the Dog ad attacked without provocation, another child and other domestic animals." To the contrary, on one occasion, while a neighbor was playing with the Dog, the Dog scratched the neighbor. To the best of the de Jongs ]mowledge the neighbor was not bitten and was not seriously injured. 9. Denied. The de Jongs specifically deny that they knew their Dog "to be ferocious, vicious or mischievous with an abnormally dangerous propensity to attack." To the contrary, the de Jongs always knew the Dog to be gentle, friendly and playful. 10. Denied as stated. The de Jongs admit only that on September 11, 2002, while Minor-Plaintiff was at their home in Shanghai, China their dog bit the Minor- Plaintiff. 11. Denied as stated. The de Jongs admit only that the Minor-Plaintiff suffered some injur/es as a result of the Dog bite. 12. The averments contained in Paragraph 12 of the Complaint constitute conclusions of law to which no response is required and are deemed denied. To the extent a response is required, the de Jongs specifically deny that they knew their dog had "a dangerous propensity to attack humans and other domesticated animals" and that they failed to "take proper precautions to preclude Dog's attack on Minor-Plaintiff.', 13. The averments contained in Paragraph 13 of'the Complaint constitute conclusions of law to which no response is required and are deemed denied. To the extent a response is required, the de Jongs specifically deny that the Dog was an abnormally dangerous domestic animal. 14. The averments contained in Paragraph 14 of the Complaint constitute conclusions of law to which no response is required and are deemed denied. 15. After reasonable investigation, the de Jongs are without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 15 of the Complaint. 16. After reasonable investigation, the de Jongs are without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 16 of the Complaint. SECOND COUNT 1. The de Jongs hereby incorporate by reference a;s if fully set forth herein their responses to Paragraphs 1-16 of the Complaint. 2. The averments contained in Paragraph 2 of the oecond Count of the Complaint constitute conclusions of law to which no response is required and are deemed denied. To the extent a response is required, the de Jongs specifically deny that they failed to "heed many warnings that the Dog was dangerous" and the de Jongs specifically deny that they subjected "Minor-Plaintiff and other small children invitees to the risk of a very harmful, bloody attack by Dog." WHEREFORE, the de Jongs respectfully request that the Court award a judgment in their favor and against the plaintiffs, together ,:with costs and fees, and any other relief the Court deems just and appropriate. with due care. NEW MATTER At all times relevant hereto, the de Jongs acted reasonably, carefully and 2. The Dog did not have a pre-existing vicious propensity to attack or bite humans or other animals. 3. The de Jongs had no notice that the Dog would bite the Minor-Plaintiff. 4. The Plaintiffs by their actions, at the date, time and place stated in the Complaint assumed the risk of any and all injuries and/or dmnages that they allegedly suffered. 5. Plaintiffs caused or contributed to their alleged injuries through their own carelessness, negligence and fault. 6. Plaintiffs are barred from recovery to the extent they failed to exercise proper and reasonable steps to mitigate the damages averred in this action. 7. Plaintiffs' alleged causes of action are barred by the applicable statute of limitations. 8. Plaintiffs' alleged causes of action are barred by the doctrine of laches. 9. The negligent or reckless acts or omissions of other persons may constitute a superceding an&or intervening cause of plaintiffs' damages. 10. The Complaint, in whole or in part, fails to state a cause of action upon which relief can be granted. 11. The de Jongs reserve their right to amend art&or supplement their Answer and New Matter based on information which may be acquired through discovery. WHEREFORE, the de Jongs respectfully request that the Court award a judgment in their favor and against the plaintiffs, together with costs and fees, and any other relief the Court deems just and appropriate. an F~nk Call ' Tammi Markowitz HOYLE, FICKLER, HERSCHEL & MATHES LLP One South Broad Street, Suite 1500 Philadelphia, PA 19107 (215) 981-5700 Dated: October _~, 2003 Attorneys for Defendants 0CT-1-2003 21:57 FROM:OEJONG HOME 717-728-444i T0:12159815959 P.2 VERIFICATION I, Robin de Jong, state that I am one of the defendants/n this action and I verify that thc statements made in thc foregoing Answer and New Matter are true and e°rreet t° the best of my knowledge, information and belief. I understand that my statements are subject to the penalties of 18 Pa. C.$. § 4904 relating to unswom falsifications to authorities. i0/0i/2003 ~tED 21:56 [TX/RI NO 6812] ~002 0CT-1-2003 2i:56 FROM:DEJONG HOME 717-728-4441 T0:12159815959 P.1 I, Peter de Jong, state that I am one of the defendants in this action and I verify that the statements made in the forego/ng Answer and New Matter are true and correct to the best of my knowledge, information and belief. I understand that my statements are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica~ons to authorities. 10/01/2003 WED 21:56 [TX~RI NO $812] ~001i C_ERTIFICATE OF SERVICE I, Tammi Markowitz, hereby certify that a true and correct copy of the Answer and New Matter of Defendants Peter de Jong and Robin de Jong was served this 3rd day of October 2003 via United States first-class mail, proper postage prepaid, upon counsel listed below as follows: Barry Morrell, Esquire 980 North Michigan No. 1416, Suite 1400 Chicago, IL 60611 Tammi ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Cameron Mitchell Nitti, a Minor, by His Parents and Natural Guardians, Nicole Aimee Nitti and Virginio Scott Nitti, Nicole Aimee Nitti, Individually, Virginio Scoff Nitti, Individually, Plaintiffs Peter deJong, Robin deJong, Defendants No. 03-4355 Civil Action NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE NUMBER: (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Cameron Mitchell Nit[i, a Minor, by His Parents and Natural Guardians, Nicole Aimee Nit[i and Virginio Scott Nit[i, Nicole Aimee Nitti, Individually, Virginio Scot[ Nit[i, Individually, Plaintiffs No. 03-4355 Civil Action Peter deJong, Robin deJong, Defendants SECOND AMENDED COMPLAINT Plaintiffs hereby state, subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities, that all averments of fact contained herein are true based on their personal knowledge as to part and their information and belief as to the remainder. FIRST COUNT Plaintiffs complain against defendants and each of them and for a first claim for relief allege: 1. Plaintiffs are individuals and citizens of the United States and each is a resident of 105-4 Yamate Cho, Naka Ku, Yokohama 2310862, Japan. 2. Defendants are individuals and each is domiciled in the Commonwealth of Pennsylvania and a resident of 1822 Red Spruce Lane, Mechanicsburg, Pennsylvania 17050-8520. 3. Plaintiff Cameron Mitchell Nitti is a minor child, born on January 31, 2000 (Minor-Plaintiff). Minor-Plaintiff weighed 31 pounds on September 11, 2002. 4. This action is brought by plaintiffs Nicole Aimee Nitti and Virginio Scott Nitti, husband and wife and parents and natural guardians of Minor-Plaintiff (Parent-Plaintiffs), with whom Minor-Plaintiff resides, on their own behalf and on behalf of Minor-Plaintiff. 5. On September 11, 2002, plaintiffs lived in a residence at 700 BiYun Rd, C13 Green Villas, Pudong New District, Pudong, Shanghai, China 201206. 6. On September 11, 2002, defendants lived in a BiYun Rd, C15 Green Villas, Pudong New Shanghai, China 201206. residence at 700 District, Pudong, 7. On September 11, 2002, defendants owned and harbored an aggressive, vigorous, 60-pound Chow Chow dog at their Shanghai, China residence (Dog). 4 Prior to September 11, 2002 on at least: three occasions during defendants' ownership of Dog, Dog had attacked, without provocation, another child and other domestic animals. 9. Defendants knew of Dog's history and knew Dog to be ferocious, vicious and mischievous with an abnormally dangerous propensity to attack. 10. On or about September 11, 2002, while Minor-Plaintiff was lawfully at defendants' residence in Shanghai, China, Dog attacked, bit and clawed Minor-Plaintiff. 11. Dog's attack caused injuries to Minor-Plaintiffs mouth, face and chest. 12. Defendants were negligent a) in owning and harboring at their residence in Shanghai, China Dog with a dangerous propensity to attack humans and other domesticated animals and b) in failing to take proper precautions to preclude Dog's attack on Minor-Plaintiff. 13. Defendants are strictly liable for injuries and damages caused by Dog which was an abnormally dangerous domestic animal that defendants harbored at their residence. 14. The People's Republic of China holds owners strictly liable for injuries and damages caused by their domesticated animals. Article 127 of the General Principles of the Civil Law of the People's Republic of China provides: If a domesticated animal causes harm to any person, its keeper or manager shall bear civil liability. If the harm occurs due to the fault of the victim, the keeper or manager shall not bear civil liability; if the harm occurs due to the fault of a third party, the third party shall bear civil liability. 15. Minor-Plaintiff was seriously injured by Dog's attack, requiring hospitalization in China and Singapore, a painful series of rabies injections over a four-week period, two operations, 67 sutures and multiple future surgeries. Minor-Plaintiff also suffered psychological injuries and damages, permanent disfigurement and substantial pain and suffering which will continue in the future. 16. Parent-Plaintiffs were obliged to and did necessarily employ medical aid and attendance for their son Minor-Plaintiff and did become liable therefor. Parent-Plaintiffs are also obliged to employ medical aid and attendance in the future for their son Minor-Plaintiff and will become further liable therefor. SECOND COUNT Plaintiffs complain against defendants and each of them and for a second claim for relief allege: 1. Plaintiffs incorporate Paragraphs 1 - 11 and Paragraphs 15 and 16 of plaintiffs' First Count against defendants and make those Paragraphs a part hereof. 2. Defendants were recklessly indifferent to the safety of Minor- Plaintiff and other small children invitees to defendants' residence by failing to heed many warnings that Dog was dangerous and allowing Dog to roam freely about the residence when small children invitees were present, thereby subjecting Minor-Plaintiff and other small children invitees to the risk of a very harmful, bloody attack by Dog. WHEREFORE, plaintiffs demand a jury trial. WHEREFORE, plaintiffs demand: on plaintiffs first claim for relief, 1. judgment against defendants and each of them for the sum of $1,240,000 as compensatory damages, 2. costs of this action and 3. such other and further relief as the court may deem just and proper; on plaintiffs second claim for relief, 1. judgment against defendants and each of them for the sum of $1,000,000 or such other sum as the court deems just and proper as exemplary and punitive damages. Respectfully submitted, Vi~inio Scott Nitti, Individually and as Parent and Natural Guardian of Cameron Mitchell Nitti, a Minor Address: cio Barry Morrell 980 North Michigan No. 1416, Suite 1400 Chicago, Illinois 60611 Telephone Number: (312) 593-5185 Nicole Aimee Nitti, Individually and as Parent and Natural Guardian of Cameron Mitchell Nitti, a Minor Address: cio Barry Morrell 980 North Michigan No. 1416, Suite 1400 Chicago, Illinois 60611 Telephone Number: (312) 593-5185 SHERIFF'S RETURN - CASE NO: 2003-04355 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLkND NITTTI CAMERON MITCHELL ET AL VS DEJONG PETER ET AL REGULAR ROBERT BITNER , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE DEJONG PETER DEFENDANT , at 1415:00 HOURS, at 1822 RED SPRUCE LANE MECHANICSBURG, PA 17050 ROBIN DEJONG, WIFE a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 9th day of October , 2003 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 36.97 Sworn and Subscribed to before me this /.~l~ day' of / ! Prothonotary ' So Answers: R. Thomas Kline z0/10/2003 BARRY MORRELL SHERIFF'S RETURN CASE NO: 2003-04355 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NITTTI CAMERON MITCHELL ET AL VS DEJONG PETER ET AL - REGULAR ROBERT BITNER , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 9th day of October , by handing to together with says, the within COMPLAINT & NOTICE DEJONG ROBIN DEFENDANT , at 1415:00 HOURS, on the at 1822 RED SPRUCE LANE MECHANICSBURG, PA 17050 ROBIN DEJONG a true and attested copy of COMPLAINT & NOTICE 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /3~'~- day of ~ ~ A.D. ~ ' Prothonota~y ~ So Answers: R. Thomas Kline 10/10/2003 BARRY MORRELL D~puty Sheriff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Cameron Mitchell Nitti, a Minor, by His Parents and Natural Guardians, Nicole Aimee Nitti and Virginio Scott Nitti, Nicole Aimee Nitti, Individually, Virginio Scott Nitti, Individually, Plaintiffs Peter deJong, Robin deJong, Defendants No. 03-4355 Civil Action - Law .R. EPLY TO NEW MATTER Plaintiffs Virginio Scott Nitti and Nicole Aimee Nitti, individually and as parents and natural guardians of Cameron Mitchell Nitti, a minor (Plaintiffs), hereby state, subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities, that all averments of fact contained herein are true based on their personal knowledge as to part and their information and belief as to the remainder. Plaintiffs hereby respond to the New Matter of defendants Peter deJong and Robin deJong (Defendants) and aver as to each paragraph of the New Matter as follows: 1. Paragraph 1 of Defendant's New Matter b; denied. 2. Paragraph 2 of Defendant's New Matter is denied. 3. Paragraph 3 of Defendant's New Matter is denied. The Defendants had knowledge of Dog's pdor history. Such knowledge constitutes notice to Defendants that plaintiff Cameron Mitchell Nitti (Cameron) was at risk of Dog attack. 4. Paragraph 4 of Defendant's New Matter is denied. 5. Paragraph 5 of Defendant's New Matter is denied. 3 6. Paragraph 6 of Defendant's New Matter is denied. Plaintiffs further deny that they failed to exercise reasonable and proper steps to mitigate the damages averred in this action. 7. Paragraph 7 of Defendant's New Matter is denied. To the extent that the averments contained in Paragraph 7 of Defendants' New Matter constitute conclusions of law no response is required. 8. Paragraph 8 of Defendant's New Matter is denied. The averments contained in Paragraph 8 of Defendants' New Matter constitute conclusions of law to which no response is required and are deemed denied. 9. Paragraph 9 of Defendant's New Matter is, denied. 10. The averments contained in Paragraph 10 of Defendants' New Matter constitute conclusions of law to which no response is required and are deemed denied. 11. The averments contained in Paragraph 11 of Defendants' New Matter constitute conclusions of law to which no response is required and are deemed denied. WHEREFORE, Plaintiffs demand a jury trial. WHEREFORE, Plaintiffs demand that: on Plaintiffs' first claim for relief, 1. judgment against Defendants and each of them for the sum $1,240,000 as compensatory damages, 2. costs of this action and 3. such other and further relief as the court may deem just and proper; on Plaintiffs' second claim for relief, 1. judgment against Defendants and each of them for the sum of $1,000,000 or such other sum as the court deems just and proper as exemplary and punitive damages. 4 of Respectfully submitted, Virginio Scott Nitti, Individually and as Parent and Natural Guardian of Cameron Mitchell Nitti, a Minor Address: c/o Barry Morrell 980 North Michigan No. 1416, Suite 1400 Chicago, Illinois 60611 Telephone Number: (312) 593-5185 Dated: ~/// 7/~ -~ Nicole Aimee Nitti, Individually and as Parent and Natural Guardian of Cameron Mitchell Nitti, a Minor Address: c/o Barry Morrell 980 North Michigan No. 1416, Suite 1400 Chicago, Illinois 60611 Telephone Number: (312) 593-5'I 85 CERTIFICATE OF SERVICE We, Virginio Scott Nitti and Nicole Aimee Nitti, the plaintiffs in this action, hereby certify that true and correct copies of our Complaint and Amended Complaint were served on the 9~ day of September 2003 and on the ~ ~r ,, day of October 2003 by the Sheriffs Office, Sheriff of Cumberland County, Pennsylvania on both defendants at their residence address shown below: 1822 Red Spruce Lane Mechanicsburg, PA 17050 Virginio Scott Nitti Nicole Aimee Nitti HOYLE, FICKLER, HERSCHEL & MATHES LLP By: Jan Fink Call Tammi Markowitz I.D. Nos. 58238, 84822 One South Broad Street Suite 1500 Philadelphia, PA 19107 (215) 981-5700 (215) 981-5959 (facsimile) Attorneys for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Cameron Mitchell Nitti, a Minor, by His Parents a~d Natural Guardians, Nicole Aimee Nitti and Virginio Scott Nitti, Nicole Aimee Nitti, Individually Virginio Scott Nitti, Individually, Plaintiffs, Peter de Jong, Robin de Jong, Defendants. No. 03-4355 Civil Action DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFFS' SECOND AMENDED COMPLAINT Defendants; Peter de Jong and Robin de Jong ("de Jongs"), by and through their undersigned counsel, present the following preliminary objections to the Second Amended Complaint of Plaintiffs, Cameron Mitchell Nitti, Nicole Aimee Nitti and Virginio Scott Nitti ("Nittis"), pursuant to Pa. R. Civ. P. 1028(a)(2). A true and correct copy of the Second Amended Complaint is attached as Exhibit "A" to these preliminary objections. The dO Jongs preliminarily object to plaintiffs' Second Amended Complaint because: (1) plaintiffs did not obtain defendants' consent or leave of Court to file the Second Amended Complaint; (2) plaintiffs' attorney did not sign the Second Amended Complaint; and (3) the Second Amended Complaint does not change the form of the action, change the name of a party or amend the original Complaint in any substantive way. 1. On September 5, 2003, plaintiffs commenced this action by filing a Complaint a true and correct copy of which is attached hereto as Exhibit "B." 2. Defendants, the de Jongs, filed and served their ~M'tswer to Plaintiffs' Complaint on October 3, 2003. 3. On October 9, 2003, plaintiffs served the de Jongs with an Amended Complaint. 4. Plaintiffs did not obtain - nor did they seek - consent from the de Jongs or their attorneys before filing the Amended Complaint nor did they obtain leave of Court to amend their Complaint. 5. The Amended Complaint was identical to plaintiffs' original Complaint except that it contained a demand for a jm'y trial. 6. On October 21, 2003, plaintiffs served the de Jongs' attorney with a Second Amended Complaint. 7. As with the First Amended Complaint, plaintiffs did not obtain - nor did they seek - consent from the de Jongs or their attorneys before filing the Second Amended Complaint nor did they obtain leave of Court to amend their Complaint for a second time. 8. The Second Amended Complaint is identical to the original Complaint except that it contains a demand for a jury trial and includes a verification that the averments of 2 fact contained in the Second Amended Complaint are true and correct based on plaintiffs' knowledge and information. 9. Pa. R. Civ. P. 1028 provides in relevant part that aparty may file preliminary objections to a pleading raising the failure of a pleading to conform to law or rules of court. See Pa. R. Civ. P. 1028(a)(2). 10. Plaintiffs' Second Amended Complaint does not conform to the rules of court in that: (1) plaintiffs did not obtain defendants' consent or leave of Court to file the Second Amended Complaint as required by Pa. R. Civ. P. 1033; (2) plaintiffs' attorney did not sign the Second Amended Complaint as required by Pa. R. Civ. P. 1023.1(b); and (3) plaintiffs' Second Amended Complaint is identical to their original complaint except that it adds a demand for a jury trial and a verification. These changes are inconsistent with the purpose and intent of Pa. R. Civ. P. 1033. PRELIMINARY OBJECTION FOR FAILURE TO OBTAIN CONSENT OR LEAVE OF COURT TO FILE THE SECOND AMENDED COMPLAINT 11. Pa. R. Civ. P. 1033 provides that a party may only file an amended pleading if the party obtains either leave of court or consent from the adverse party. 12. Plaintiffs did not seek, much less obtain, consent from defendants before filing the Second Amended Complaint nor did they obtain leave of Court to amend the Complaint. 13. Therefore, plaintiffs had no right to file the Second Amended Complaint and the Second Amended Complaint should be stricken. PRELIMINARY OBJECTION ON THE GROUNDS THAT PLAINTIFFS' ATTORNEY FAILED TO SIGN THE SECOND AMENDED COMPLAINT 14. Pa. R. Civ. P. 1023. l(b) provides that: "Every pleading, written motion, and other paper directed to the court shall be signed by at least one attorney of record in the attorney's individual name, or if the party is not represented by an attorney, shall be signed by the party." See Pa. R. Civ. P. 1023.1(b). 15. The put, pose of Pa. R. Civ. P. 1023.1(b) is to impose a duty upon the party's attorney to "satisfy himself or herself that there is a basis in fact and in law for the claim or defense set forth in the document." See Explanatory Comment to Pa. R. Civ. P. 1023.I. 16. Plaintiffs are represented in this matter by an attorney, Mr. Barry Morrell of Chicago, Illinois. 17. However, Mr. Morrell did not sign the Second Amended Complaint. 18. Consequently, the Second Amended Complaint does not conform to the dictates of Pa. R. Civ. P. 1023.1 and should be stricken. PRELIMINARY OBJECTION ON THE GROUNDS THAT PLAINTIFFS' SECOND AMENDED COMPLAINT DOES NOT CHANGE THE FORM OF THE ACTION, CHANGE THE NAME OF A PARTY OR AMEND THE ORIGINAL COMPLAINT IN ANY SUBSTANTIVE WAY 19. Pa. R. Civ. P. 1033 provides that a party, with either the consent of the adverse party or by leave of Court, may "change the form of the action, correct the name of a party or amend his pleading." Rule 1033 goes on to explain that an amendment "may give rise to a new cause of action or defense" and "may be made to conform the pleading to the evidence offered or admitted." See Pa. R. Civ. P. 1033. 4 20. The purpose of permitting such amended filings is to facilitate cases being "determined on their merits." See Fowkes v. Shoemaker, 443 Pa. Super. 343,350, 661 A.2d 877, 880 (1995). 21. Plaintiffs' Second Amended Complaint does not change the form of the action, change the name of a party or amend the original Complaint in any substantive way. 22. Plaintiffs' Second Amended Complaint merely adds a demand for a jury award and the verification of the plaintiffs that is required by Pa. R. Civ. P. 1024. 23. Consequently, plaintiffs' Second Amended Complaint does nothing to change the substance or the merits of their pleading. 24. Other trial courts have recognized that the purpose of the role permitting amendment of pleadings is to permit parties to modify substantive factual allegations or legal theories, not tO add endorsements or demands for jury trials, which were omitted from the previousl~ filed pleading. See Gas & Oil Management Associates, Inc. v. Garriso. n-Simon~, 14 Pa. D & C3d 625,626 (C.P, Warren County 1980). 25. In Gas & Oil Management Associates, Inc. v. Garfison-Simonsen, Inc., the plaintiff sought to file an "amended" complaint solely for the purposes of adding an endorsement seeking a jury demand. The court denied plaintiffs motion to amend, holding that adding a demand for a jury trial, but changing nc) substantive allegations of the pleading, was not the function intended to be served by Rule 1033. See Id. 26. Here, plaintiffs' Second Amended Complaint does nothing to change the substance or merits Of their pleadings and therefore amendment of the original Complaint should not be permi!ted. 5 WHEREFORE, defendants, Peter and Robin de Jong respectfully request that this Court strike plaintiffs' Second Amended Complaint for failure to comply with Pennsylvania Rules of Civil Procedure 1033 and 1023.1(b) since plaintiffs: (1) did not obtain defendants' consent or leave of Court to file the Second Amended Complaint; (2) plaintiffs' attorney did not sign the Second Amended Complaint; and (3) the Second Amended Complaint does not seek to change the foma of the action, change the name of a party or amend the original Complaint in any substantive way. Dated: November 7, 2003 Jan FinkCali ' "' ~ Tammi Markowitz HOYLE, FICKLER, HERSCHEL & MATHES LLP One South Broad Street, Suite 1500 Philadelphia, PA 19107 (215) 981-5700 Attorneys for Defendants 6 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Cameron Mitchell Nitti, a Minor, by His Parents and Natural Guardians, Nicole Aimee Nitti and Virginio Scott Nitti, Nicole Aimee Nitti, Individually, Virginio Scott Nitti, Individually, Plaintiffs Peter deJong, Robin deJong, Defendants Civil Action NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money clairrfe~l '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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE NUMBER: (717) 249-3166 IN 7~HE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Cameron Mitchell Nitti, ~a Minor, by His Parents and Natural Guardians, Nicole Aimee Nitti and Virginio Scott Nitti, Nicole Aimee Nitti, Individually, Virginio Scott Nitti, Individually,, Plaintiffs ,, ~ Peter deJong, Robin deJong, Defendants No. 03-4355 Civil Action SECOND AMENDED COMPLAINT Plaintiffs hereby state, subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities, that all averments of fact contained herein are true based on their personal knowledge as to part and. their information and belief as to the remainder. FIRST COUNT Plaintiffs complain against defendants and each of them and for a first claim for relief allege: 1. Plaintiffs are individuals and citizens of the United States and each is a resident of 105-4 Yamate Cho, Naka Ku, Yokohama 2310862, Japan ~ ': 2. Defendants are individuals and each is domiciled in the Commonwealth of Pennsylvania and a resident of 1822 Red Spruce Lane, Mechanicsburg, Pennsylvania 17050-8520. Plaintiff Cameron Mitchell Nitti is a minor child, born on January 31, 2000 (Minor-Plaintiff). Minor-Plaintiff weighed 31 pounds on September 11, 2002. 4. This action is brought by plaintiffs Nicole Aimee Nit-ti and Virginio Scott Nitti, husband and wife and parents and natural guardians of Minor-Plaintiff (Parent-P'laintiffs), with whom Minor-Plaintiff resides, on their own behalf and on behalf of Minor-Plaintiff. 5. on September 11, 2002, plaintiffs lived in a residence at 700 BiYun Rd, C13 Green, Villas, Pudong New District, Pudong, Shanghai, China 201206. 6. On September 11.,. 2002, defendants lived in a residence at 700 BiYun Rd, C15 Green Villas, Pudong New District, Pudong, Shanghai, China 201206. 7. On September 11, 2002, defendants owned and harbored an aggressive, vigorous, 60-pound Chow Chow dog at their Shanghai, China residence (Dog). 4 8. Prior to September 11, 2002 on at least three occasions during defendants' ownership of Dog, Dog had attacked, without provocation, .another child and other domestic animals. 9. Defendants knew of Dog's history and knew Dog to be ferocious, vicious and mischievouA with an abnormally dangerous propensity to attack. 10. On or about September 11, 2002, while Minor-Plaintiff was lawfully at defendants' residence in Shanghai, China, Dog attacked, bit and clawed Minor-plaintiff. 11 Dog's attack cads~8 injuries to Minor-Plaintiff's mouth, face and chest. 12. Defendants were negligent a) in owning and harboring at their residence in Shanghai, China Dog With a dangerous propensity to attack humans and other domesticated animals and b) in failing to take proper precautions to preclude Dog's attack on Minor-Plaintiff. 13. Defendants are strictly liable for injuries and damages caused by Dog which was an abnormally dangerous domestic animal that defendants harbored at their residence. 14. The People's Republic of China holds owners strictly liable for injuries and damages c~aused by their domesticated animals. Article 127 of the Gen, eral Principles of the Civil Law of the People's Republic of China provides: If a domesticated animal causes harm to any person, its keeper or manager shall bear civil liability. If the harm occurs due to the fault of the victim, the keeper or manager shall not bear civil liability; if the harm occurs due to the fault of a third party, the third party shall bear civil liability. 15. Minor-Plaintiff w,a§ ?er ously injured by Dog's attack, requiring hospitalization in China and Singapore, a painful series of rabies injections over a four-week period, two operations, 67 sutures and multiple future surgeries. Minor-Plaintiff also suffered psychological injuries and damages, permanent disfigurement and substantial pain and suffering which will continue in the future. 16. Parent-Plaintiffs were obliged to and did necessarily employ medical aid and attendance for their son Minor-Plaintiff and did become liable therefor. Parent-Plaintiffs are also obliged to employ medical aid and attendance in the future for their son Minor-Plaintiff and will become further liable therefor. SECOND COUNT Plaintiffs complain against defendants and each of them and for a second claim for relief allege~ 1. Plaintiffs incorporate Paragraphs - 11 and Paragraphs 15 and 16 of plaintiffs' First Count against defendants and make those Paragraphs a part hereof. 2. Defendants were recklessly indifferent to the safety of Minor- Plaintiff and other small children invitees to defendants' residence by failing to heed many warnings that Dog was dangerous and allowing Dog to roam freely about the residence when small children invitees were present, thereby subjecting Minor-Plaintiff and other small children invitees to the risk of a very harmful, bloody attack by Dog. WHEREFORE, plaintiffs demand a jury trial. WHEREFORE, plaintiffs demand: on plaintiffs first claim for relief, 1. judgment against defendants and each $1,240,000 as compensatory damages, 2. costs of this action and of them for the sum of 3. such other and further relief as the court may deem just and proper; on plaintiffs second claim for relief, 1. judgment against defendants and each of them for the sum of $1,000,000 or such other sum as the court deems just and proper as exemplary and punitive damages. RespeCtfully submitted, Vi nio Scott Nitti, Individually and as Parent and Natural Guardian of Cameron Mitchell Nitti, a Minor Address: cio Barry Morrell 980 North Michigan No. 1416, Suite 1400 Chicago, Illinois 60611 Telephone Number: (312) 593-5185 Nicole Aimee Nitti, Individually and as Parent and Natural Guardian of Cameron Mitchell Nitti, a Minor Address: cio Barry Morrell 980 North Michigan No. 1416, Suite 1400 Chicago, Illinois 60611 Telephone Number: (312) 593-5185 S"ant By: CLAUSS SABATINI; · 09/14/05 18:$~ FAI 2122791265; ~(ll~B.O'~ C~ICA~U Sep-18-03 21:11; Page 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Cameron Mitchell Nitti, a Minor, by His Parents and Natural Guardians, Nicole Aimee Nitti and Virginio Scott Nitti, Ni¢ole Aimee Nitti, Individually, Virgi-nio Scott Nitti, Individually, Plaintiffs Peter deJong, Robin deJong, Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must .take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or proper~y 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: CUMiBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE NUMBER: (717) 249-3166 Sent By: CLAUSS SABATZNZ; 2122791265j Sep-18-03 21=12~ Page 3 ~9/14/03 J. 8:52 FAX KINK0'S CHICAGO I~ESTI,OOP ~uoz IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF' PENNSYLVANIA Cameron Mitchell Nitti, a Minor, by His Parents and Natural Guardians, Nicole Aimee Nittl and Virginio Scott Nitti, Nicole Aimee Nittl, Individually, Virginio Scott Nittl, Individually, Plaintiffs Peter deJong, Robin deJong, Defendants No. os- ,/Js~"' Civil Action Sent By: CLAUSS SABATZNZ; 2122791265; Sep-18-03 21:12; Page 4 COMPLAINT 2 FIRST COUNT Plaintiffs complain against defendants and each of them and for a first claim for relief allege: 1, Plaintiffs are individuals and citizens of the United States and each is a resident of 105-4 Yamate Cho, Naka Ku, Yokohama 2310862, Japan. 2. Defendants are individuals and each is domiciled, in the Commonwealth of Pennsylvania and a resident of 1822 Red Spruce Lane, Mechanicsburg, Pennsylvania 17050-8520. 3. Plaintiff Cameron Mitchell Nitli is a minor child, born on January 31, 2000 .(Minor-Plaintiff). Minor-Plaintiff weighed 31 pounds on September 11, 2002. 4. This action is brought by plaintiffs Nicote Aimee Nitti and Virginio Scott Nitti, husband and wife and parents and natural guardians of Sen~ By:' CLAUSS SABATZNZ; 2122791265; ,9ep-18-03 21:12; Page 5 3 Minor-Plaintiff (Parent-Plaintiffs), with whom Minor-Plaintiff resides, on their own behalf and on behalf of Minor-Plaintiff. 5. On September 11, 2002, plaintiffs lived in a residence at 700 BiYun Rd, C13 Green Villas, Pudong New District, Pud0ng, Shanghai, China 201206. 6. On September 11, 2002, defendants lived in a residence at 700 BiYun Rd, C15 Green Villas, Pudong New District, Pudong, Shanghai, China 201206. 7. On September 11, 2002, defendants owned and harbored an aggressive, vigorous, 60-pound Chow Chow dog at their Shanghai, China residence (Dog). 8. Prior to September 11, 2002 on at least three occasions dudng defendants' ownership of' Dog, Dog had attacked, without provocation, another child and other domestic animals. Sent By: CLAUSS SASATZNZ; 2122791265; Sep-18-03 21:12j Page 6/9 9. Defendants knew of Deg's history and knew Dog to be ferocious, vicious and mischievous with an abnormally dangerous propensity to attack. 10. On or about September 11, 2002, while Minor-Plaintiff was lawfully at defendants' residence in Shanghai, China, Dog attacked, bit and cla~Ved Minor-Plaintiff. 11. Dog's attack caused injuries t° Minor-Plaintiff's mouth, face and chest. 12. Defendants were negligent a) in owning and harboring at their residence in Shanghai, China Dog with a dangerous propensity to attack humans and other domesticated animals and b) in failing to take proper precautions to preclude Dog's attack on Minor-Plaintiff. 13. Defendants are strictly liable for injuries and damages caused by Dog which was an abnormally dangerous domestic, animal that defendants harbored at their residence. & Sent By: CLAUSS SABATZNZ; 2122791265j Sep-18-03 21:12j Page 7/9 $ 14. The People's Republic of China holds owners strictly liable for injuries and damages caused by their domesticated animals. Article 127 of the General Principles of the Civil Law of the People's Republic of China provides: If a domesticated animal causes harm to any person, its keeper or manager shall bear civil liability. If the harm occurs due to the ' fault of the victim, the keeper 'or manager shall not bear civil liability; if the harm occurs due to the fault of a third party, the third party shall bear civil liability. 15. Minor-Plaintiff was seriously injured by Dog's attack, requiring hospitalization in China and ,Singapore, a painful series of rabies injections over a four-week period, two' operations, 67 sutures and multiple future surgeries. Minor-Plaintiff also suffered psychological injuries and damages, permanent disfigurement and substantial pain and suffering which will continue in the future. 16. Parent-Plaintiffs were obliged to and did necessarily employ medical aid and attendance for their son Minor-Plaintiff and did become liable therefor. Parent~Plaintiffs are also obliged to employ medical aid and attendance in the future for their son Minor-Plaintiff and will become further liable therefor, Sent By: CLAUSS SABATTNZj 2122791265j Sep-18-03 21:12j Page 8/9 6 SECOND COUNT Plaintiffs complain against defendants and each of them and for a second claim for relief allege: 1, Plaintiffs i~corporate Paragraphs 1 - 11 and Paragraphs 15 and 16 of plaintiffs' First Count against defendants and make those Paragraphs a part hereof. 2. Defendants were recklessly indifferent to the safety of Minor- Plaintiff and other small children invitees to defendants' residence by failing to heed many warnings that Dog was dangerous and allowing Dog to roam freely about the residence when small children invitees were present, thereby subjecting Minor-Plaintiff and other small children invltees to the risk of a very harmful, bloody attack by Dog. Sen~ By: CLAUSS @ABATINZj 2122791265; 4~ep-18-03 21:13j Page 9/9 '7 WHEREFORE, plaintiffs demand: on plaintiffs first claim for relief, 1. judgment against defendants and each of them for the sum of $1,240,000 as compensatory damages, 2. costs of this action and 3. such other and further relief as the court may deem just and proper; on plaintiffs second claim for relief, 1. judgment against defendants and each of them for the sum of $1,000,000 or such other sum as the court deems just and proper as exemplary and punitive damages. Respectfully submitted, VirgiHio Scott Nittl, Individual y and as Parent and Natural Guardian of Cameron Mitchell Nitti, a Minor Address: c/o Barry Morrell 980 North Michigan No..1416, Suite 1400 Chicago, Illinois 68611 Telephone Number: (312) 593-5185 Nicole Aimee Nitti, Individually and as Parent and Natural Guardian of Cameron Mitchell Nitti, a Minor Address: cio Barry Morrell 980 North Michigan No. 1416, Suite 1400 Chicago, Illinois 60611 Telephone Number: (312) 593-5185 CERTIFICATE OF SERVICE I, Tammi Markowitz, hereby certify that a tree and correct copy of Defendants' Preliminary Objections to Plaintiffs' Second Amended Complaint was served this 7th day of November 2003 via United States first-class mail, proper postage prepaid, upon counsel listed below as follows: Barry Morrell, Esquire 980 North Michigan No. 1416, Suite 1400 Chicago, IL 60611 Tammi Markowit~ ' [J[.,J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Cameron Mitchell Nitti, a Minor, by His Parents and Natural Guardians, Nicole Aimee Nitti and Virginio Scott Nitti, Nicole Aimee Nitti, Individually, Virginio Scott Nitti, Individually, Plaintiffs No. 03-4355 Peter deJong, Robin deJong, Defendants Civil Action - Law JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Dear Sir: On behalf of the Plaintiffs above captioned, we, the undersigned, do hereby take the following actions: 1. The undersigned, Barry Morrell, Esquire, pursuant to Order of the Court of Common Pleas of Cumberland County, Pennsylvania, dated December 1, 2003, admitting him specially to the Bar of the Commonwealth of Pennsylvania for purposes limited to representation of Plaintiffs in the above captioned case, does hereby enter his appearance as lead counsel for the Plaintiffs. 2. The undersigned, Dale F. Shughart, Jr., Esquire, member in good standing of the Bar of the Commonwealth of Pennsylvania, does hereby enter his appearance as local counsel for the above captioned Plaintiffs, and counsel of record for purpose of service within the Commonwealth of Pennsylvania. 3. Both of the undersigned hereby reiterate that the Plaintiffs demand a jury trial in accordance with Pa.R.C.P. 1007.1 as first demanded in the Plaintiffs' Amended Complaint filed on September 22, 2003. Date: December 1, 2003 Date: December 1, 2003 Respectfu Ily~.~tted ~? Barry Morrell, Esq~lre~/ Illinois Bar Registration No. 1961489 980 North Michigan ~ No. 1416, Suite 1400 Chicago, Illinois 60611 Phone: (312) 593-5185 Lead Counsel for Plaintiffs Dale F. ShughaYt;', Jr. v Pennsylvania Supreme Court I.D. 19373 35 East High Street, Suite 203 Carlisle, PA 17013 Phone: (717) 241-4311 Local Counsel and Counsel of Record for Plaintiffs CAMERON MITCHELL NITTI, a Minor, by His Parents and Natural Guardians, NICOLE AIMEE NITTI and VIRGINIO SCOTT NITTI, and NICOLE AIMEE NITTI, Individually: AND VIRGINIO SCOTT NITTI, : Individually, PLAINTIFFS : PETER deJONG and, : ROBIN deJONG, : DEFENDANTS : : IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA : CUMBERLAND COUNTY, : CIVIL ACTION - LAW NO. 03-4355 JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this .(~ day of December, 2003, upon consideration of the written Notice of Dale F. Shughart, Jr., Esquire, dated and filed on November 25, 2003, and on Motion of said Dale F. Shughart, Jr., Esquire, member in good standing of the Bar of the Commonwealth of Pennsylvania, Attorney Identification Number 19373, in accordance with Pa.B.A.R. 301, it is ORDERED AND DECREED THAT BARRY MORRELL, ESQUIRE, a member in good standing of the Bar of the State of Illinois, Registration Number 1961489, is hereby specially admitted to the Bar of the Commonwealth of Pennsylvania for purposes limited to the representation of 15he Plaintiffs in the above captioned case, in conjunction with said Dale F. Shughart, Jr., Esquire, or another member in good standing of the Bar of the Commonwealth of Pennsylvania as attorney or record, in accordance with Pa.B.A.R. 301. By the Court, CAMERON MITCHELL NITTI, a Minor, by His Parents and Natural Guardians, NICOLE AIMEE NITTI and VIRGINIO SCOTT NITTI, and : NICOLE AIMEE NITTI, Individually: AND VIRGINIO SCOTT NITTI, : Individually, : PLAINTIFFS : vs. PETER deJONG and, ROBIN deJONG, : : DEFENDANTS : : CUMBERLAND COUNTY, : CIVIL ACTION - LAW : IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA NO. 03-4355 JURY TRIAL DEMANDED PRO I{AC VICE MOTION As provided under Pa.B.A.R. 301, I, Dale F. Shughart, Jr., Esquire, a member in good Standing of the Bar of the Commonwealth o~ Pennsylvania, Attorney Identification Number 19373, do hereby move the Court for an Order specifically admitting to the Bar of the Commonwealth of Pennsylvania for purposes limited to representing the Plaintiffs in the case above captioned -- Barry Morrell, Esquire 980 North Michigan No. 1416, Suite 1400 Chicago, Illinois 60611 Phone: (312) 593-5185 a member in good standing of the bar of the State of Illinois (Registration No. 1961489). Respectfully submitted this 1st day of December, 20( ale F. Supreme D. 19373 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 24:1-4311 NOV 2,5 2083 CA~MERON MITCHELL NITTI, a Minor,: IN THE COURT OF COMMON PLEAS OF by His Parents and Natural Guardians, : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NICOLE AIMEE NITTI and : VIRGINIO SCOTT NITTI, and : NICOLE AIMEE NITTI, Individually: NO. 03-4355 AND VIRGINIO SCOTT NITTI, Individually, : PLAINTIFFS : VS. PETER deJONG and, : ROBIN deJONG, : DEFENDANTS : JURY TRIAL DEMANDED NOTICE OF INTENTION TO FILE PRO HAC VICE MOTION I, Dale F. Shughart, Jr., Esquire, a member in good Standing of the Bar of the Commonwealth of Pennsylvania, Attorney Identification Number 19373, respectfully represents as follows: 1. Barry Morrell, Esquire, is a Member in good Standing of the Bar of the State of Illinois, Registration Number 1961489, with offices at 980 North Michigan, No. 1416, Suite 1400, Chicago, Illinois 60611, Phone Number (312) 593-5185. 2. The said Barry Morrell is the attorney for the Plaintiffs in the above captioned matter who is desirous of representing them before the Courts of the Commonwealth of Pennsylvania in the above captioned matter. 3. The undersigned member in good standing of the Bar of the Commonwealth of Pennsylvania shall act as attorney of record in the matter, but shall do so in the capacity as local Counsel, said Barry Morrell, Esquire, being lead Counsel in such litigation. 4. Copy of the State of Illinois Registration of Morrell is attached hereto, made a part hereof, and marked Exhibit "A". Barry 5. In accordance with Pa.B.A.R. Rule 301, the undersigned intends to formally move on Monday, December 1, 2003 for an Order of Court authorizing the said Barry Morrell to be specially admitted to the Bar of the Commonwealth of Pennsylvania for purposes limited to representing the Plaintiffs in the above captioned matter in conjunction with an attorney of record who is a member in good standing of the Bar of the Commonwealth of Pennsylvania. Date: November 25, 2003 Respectfully sub~ ~ D--~e!~. Shugh~t Supreme Court I.i . 73 35 East H ighSt re~ J3f3i t e Carlisle, PA 17013 (717) 241-4311 203 TO:lT17~qlq021 P.2¢2 0 6 2004 CAMERON MITCHELL NITTI, a Minor, by his Parents and Natural Guardians, NICOLE AIMEE NITTI and VIRGINIO SCOTT NITTI, and NICOLE AIMEE NITTI, Individually and VIRGINIO SCOTT NITTI, Individually, Plaintiffs PETER deJONG and ROBIN deJONG, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4355 JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this '~, .~_ ~ day of May, 2004, upon consideration of the within Petition, and medical records and reports attached thereto, IT IS HEREBY ORDERED that the minor's parents, V. Scott Nitti and Nicole A. Nitti, are appointed guardians of the minor's estate with respect to the settlement proceeds in this matter only. The proposed settlement as set forth in the Petition is approved and so ORDERED. IT IS FURTHER ORDERED that the proceeds of this settlement are to be distributed as follows: A. A wire transfer of $172,240 to the Structured Settlement Account of John Hancock Assignment Company (SWIFT Code SLTBUS3B, Account #9369744190, Fleet Boston, P.O. Box 31239, Hartford, CT 06150-1239, Phone: 888/353-3852) to be used for the purchase of an annuity contract to be issued by John Hancock Life InsuranceCompany, with written guarantee, for the benefit of Cameron Mitchell Nitti, pursuant to Pa. R.C.P. 2039(3). Bo A wire Wansfer of $t52,760 to the IOLTA Trust Account of the Law Offices of Barry Morrell (SWIFT Code FNBCUS44, Account #648645612, Bank One, 10 South Dearhnm, Chicago, IL 60670, Phone: 312/732-1164) which shall be disbursed :as follows: To Nicole and Scott Nitti: i. Medical expenses paid to date $ 18,103 a. Reimbursement to Kodak Medical Assistance Plan (subrogation fights) - $14,584 b. Reimbursement to Scott and Nicole - $3,519 ii. Future medical expenses, pursuant to Pa. R.C.P. 2039(b)(1). $ 25,000 iii. Attorney retainer paid to date $ 2,500 iv. Plastic surgery reports paid to date $ 900 v. Photography $ 262 vi. International Express Mail $ 100 Subtotal- $ 46,865 The To the Law Offices of Barry Morrell: vii. Attorney fees $105,172 viii. FedEx, USPS, phone charges $ 613 ix. Court filing fee $ 56 x. SheriWs service fee $ 54 Subtotal - $105,895 Petitioners are authorized and directed to execute a release discharging Peter and Robin deJong and Winterthur Insurance Company from any further liability as a result of the accident and injuries sustained by Cameron Mitchell Nitti on September 11, 2002. By the Court Distribution: Barry Morrell, Esquire -- Dale F. Shughart, Jr., Esquire - Attorneys for Petitioner Eliot R. Clauss, Esquire ~ CLAUSS & SABATINI Jan Fink Call, Esquire Tammi Markowitz, Esquire HOYLE, FICKLER, HERSCHEL & MATHES, LLP Attorneys for Defendants CAiMERON MITCHELL NITTI, a Minor, by His Parents and Natural Guardians, NICOLE AIMEE NITTI and VIRGINIO SCOTT NITTI, and NICOLE AIMEE NITTI, Individually AND VIRGINIO SCOTT NITTI, Individually, PLAINTIFFS vs. PETER deJONG and, ROBIN deJONG, DEFENDkNTS IN THE COURT OF COPE40N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4355 JURY TRIAL DEMANDED PETITION FOR APPROVAL OF MINOR'S SEttLEMENT TO THE HONORABLE, THE JUDGES OF SAID COURT: guardians of their son, 31, 2000, all of whom Yokohama 2310862, Japan. AND NOW, come the Plaintiffs, Cameron Mitchell Nitti, a minor, by his parents and natural guardians, Nicole Aimee Nitti and Virginio Scott Nitti, and Nicole Aimee Nitti and Virginio Scott Nitti, individually, by their attorney, Barry Morrell, Esquire, assisted by local counsel, Dale F. Shughart, Jr., Esquire, and respectfully represent: 1. Your Petitioners, the Plaintiffs in this action, are Virginio Scott Nitti and Nicole Aimee Nitti, husband and wife, natural parents and Cameron Mitchell Nitti, male child born on January currently reside at ].05-4 Yamate Cho, Naka Ku, The Petitioners are United States citizens living abroad, who do not have a place of domicile within the United States. 2. The Defendants are Peter deJong and Robin deJong, husband and wife, who currently reside at 1822 Red Spruce Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Your Petitioners as guardians of Cameron, and individually, present this Petition for Approval of Compromise Settlement to recover damages as a result of an incident involving a dog owned occurred on September 11, 2002 at 700 BiYun Road, New District, Pudong, Shanghai, China 201206. 4. At the time of the incident, Cameron was at home of the Defendants, Peter deJong and Robin deJong, the time of the incident, Cameron was a 32-month-old, bitten and clawed by a Chow Chow dog owned by the by the Defendants which C15 Green Villas, Pudong the Shanghai, China husband and wife. At 31-pound boy. He was Defendants. Cameron sustained serious lacerations to his lip, neck and chest. 5. On the afternoon of September 11, 2002, Cameron was treated at Children's Hospital of Fudan University at Shanghai for soft tissue lacerations of the head and chest from the dog incident; a 4.0cm x 0.5cm wound to the upper lip, a 2.0cm wound to the lower lip, two wounds to the left side near the angle of the mandible -- one measuring 6.0cm and the other measuring 10.0cm and a wound to the left side of the chest measuring 12cm. There was a loss of mucosa, orbicularis oris muscles and skin. Cameron received irrigation and debridement of the wounds and antibiotic and tetanus prophylaxis as well as a rabies immunoglobulin course. Cameron was intubated and, under endo~sracheal anesthesia, repairs were made to the wounds and a type of mucosal advancement was performed to repair the soft tissue of the upper lip. Sixty-seven sutures were required to close the wounds. Attached hereto, made a part hereof and marked Exhibit "A" are the medical records from Cameron's treatment at Children's -2- Hospital on September 11, 2002. 6. On the afternoon of September 12, 2002, Cameron was Mt. Elizabeth Medical Center, Singapore for further treatment. became infected and were cleaned. Rabies immunoglobulin was the gluteal region. A course an injection into the deltoid until September 18 while the admitted to The wounds injected in of Mericux rabies vaccine was initiated with muscle. Cameron remained at Mt. Elizabeth infections were treated, the post exposure received Shanghai, China. rabies vaccine doses continued and a procedure performed under anesthesia to remove the sutures from the wounds. Attached hereto, made a part hereof and marked Exhibit "B" are the medical reports from Cameron's treatment at Mount Elizabeth Medical Center. During the period from September 18 until October 9, 2002, Cameron four more rabies vaccine injections in his leg at World Link in 8. On June 11, 2003, Cameron's condition was evaluated by plastic surgeons, Carolyn A. Glicksman, M.D., F.A.C.S. in Sea Girt, New Jersey, Theodore Diktaban, M.D., F.A.C.S. in New York City, and Michael Margiotta, M.D., F.A.C.S., also in New York City. On July 8, 2003, Cameron had a second consultation with Dr. Margiotta and[ his NYU Medical Center Court B. Cutting, M.D., who specializes in corrective surgery of require future lip surgery, a vermilion or Abbe flap graft from the lower lip to the upper lip to be three stages over a one-year period. The surgeons advise that colleague, the lip and palate. 9. Cameron will procedure involving a performed in surgery be delayed until Cameron is old enough his doctors, which will be at age six or seven. attached hereto, made a part hereof and marked Exhibit "C". 10. It is not anticipated that Cameron will require surgery to the wounds of his jaw and chest, although there will be permanent scarring. 11. The examination revealed a loss of normal tissue in approximately to provide cooperation to Dr. Glicksman's report is the lateral one-third of Cameron's upper lip. The scarring begins lateral to Cupid's bow and extends along the entire length of the left upper lip just medial to the oral commissure. There is a full thickness loss of tissue. The white line and vermilion are distorted at the junction of the lateral aspect of the Cupid's bow region along the entire length of the upper lip to just medial to the oral commissure. There is no white roll remaining. There is considerable color mismatch due to the use of oral mucosa distal to the wet line in the surgical procedure performed in Shanghai. There is some residual hypertrophy secondary to the surgical procedure and the trauma in the region of the upper lip. Photographs of September 16, 2002, September 18, 2002 and on July a part hereof and marked Exhibit "D". cheek region runs approximately parallel angle of the mandible down towards the the injuries taken on 15, 2003 are attached hereto, made 12. The scarring in the left to the mandibular border from the region of the lateral aspect of the chin. There is considerable hypertrophy within the scar, and slightly thickened with the presence of a small early keloid formation. The greatest width of this scar is 0.5cm. There is also some hypertrophic scarring present on the entire anterior -4- chest just lateral to the sternal region. 13. Cameron was also examined on two occasions in July 2003 by James Wallace, M.D., a child psychologist with an office in Pittsford, New York. Cameron currently exhibits a fear of both dogs and doctors as a result of the incident with the Defendants' dog and the subsequent painful medical treatment. It is unclear whether Cameron will require future psychiatric treatment. Attached hereto, made a part hereof and marked Exhibit "E" is Dr. Wallace's Report. 14. Shortly after the incident with the Defendants' dog, the Defendants moved to Mechanicsburg, Cumberland County, Pennsylvania. These proceedings were initiated to the above term and number by the filing of a Complaint in Cumberland County, Pennsylvania on September 5, 2003. 15. The Defendants are insured by Swiss insurer. The limit of Defendant's coverage hereto, made a part hereof and marked Exhibit "F" limits of Defendant's liability coverage. 16. Winterthur Insurance Company, a is $350,000. Attached is confirmation of the 17. The Defendant's insurer has offered a settlement of $325,000. Your Petitioner, with advice of counsel, Barry Morrell, Esquire, is forth as willing to settle and compromise this follows: Medical expenses Structured settlement for Cameron Out of pocket expenses incurred Legal fees (one-third of net recovery) claim for the offer which is set $ 43,103 $172,240 $ 1,985 $107,672 -5- Cameron's medical expenses parents, your Petitioners, are: to date, which have been paid by his World Link $ 100 Children's Hospital of Fudan University $ 1,259 International S.O.S. (Shanghai) $ 4,366 Mt. Elizabeth Medical Center $ 8,859 Psychiatric evaluations (2) $ 318 Plastic surgery evaluations (4) $ 950 Travel to New York City for medical evaluations, 2 trips ~_ 2,251 Total medical expenses to date - $ 18,103 A portion of these medical expenses, the s'sm of $14,584, has been paid by medical insurance. Copies of these medical bills are attached hereto, made a part hereof and marked Exhibit "G". 18. The estimated future medical expenses repair are as follows: Surgery fees Hospital room (1 day-NYU Medical Center) Anesthesiologist fees $ Operating room (NYU Medical Center)$ Total estimated future medical expenses $ for Cameron's lip $ ll, 000 $ 2,600 3,140 9,432 26,172 A statement of these estimated future medical expenses is attached -6- hereto, made a part hereof and marked Exhibit "H". 19. Your Petitioners request that, pursuant to Pa.R.C.P. §2039(b) (1), the sum of $25,000 be paid to them on the express condition and understanding that disbursements from that amount and the interest accrued thereon, shall be limited to payment for medical expenses and related travel expenses, necessary in the performance of cosmetic surgery for Cameron as set forth above, and for no other purpose. Your Petitioners, as the parents and natural guardians of Cameron, shall be personally responsible for any medical expenses or travel expenses in excess of the amount paid to them for this purpose. Any sums not expended shall be retained by the Petitioners in a guardianship or custodial account under the Uniform Transfer to Minors Act of Pennsylvania, or any other state, to be disbursed to Cameron on his 18th birthday. 20. The proposed structured settlement ]payments to Cameron through John Hancock Life Insurance Company (A ++ rating by A.M. Best) are as follows: College fund - payment at age 19 $ !50,000 College fund - payment $ !50,000 College fund - payment $ !50,000 College fund - payment $ !50,000 Additional payments to Cameron: Payment at age 30 $ 100,000 Payment at age 35 $ 125,000 at age 20 at age 21 at age 22 -7- Payment at age 40 Payment at age 45 Total future payments (Present value of future payments $ 150,000 $ 156,615 $ 731,615 $ 172,240) 21. The proposed legal fees, which are one-third of the net recovery, based upon a contingent fee agreement entered between the parents and Attorney Morrell, (a copy of which is attached hereto, made a part hereof and marked Exhibit "I") are submitted to be justified in this case due to the amount of attorney time involved and the complexity of the case, which include but are not limited to the following: a. The dog incident occurred in. China involving American citizens The Plaintiff's attorney, Barry Morrell, has offices his affiliate office being WangMorrell 21, HSBC Tower, 101 Yincheng East Road, on both sides. in Shanghai, Consultancy Ltd., Level Shanghai 200120 P.R.C. b. Attorney Morrell regarding personal injuries, rules for measuring damages, familiarized himself with China's laws and dog bites laws specifically, China's including, spiritual damages, which are China's national counsel. c. recovered damages) equivalent of pain and suffering, rules are a matter within the Had the case been filed in China, no more than $15,000 in pain plus medical costs. and how China courts apply expertise of Plaintiff's the Plaintiffs and suffering would have (spiritual -8- d. For this reason, Plaintiff's counsel chose to bring the action in Pennsylvania where service could be made on the Defendants. Suit was filed just prior to expiration of the statute of limitations under Chinese law. e. Attorney Morrell retained the services of local counsel in Shanghai to prepare the case, and also local counsel in Cumberland County, Pennsylvania, to insure compliance with Pennsylvania and local procedural law. f. The Chinese lawyers in Shanghai interviewed witnesses and took statements in Chinese, and provided English translations. g. All assisting attorneys will be paid by Attorney Morrell from the fee set forth herein. The total attorney hours involved in this case will exceed 750, which will make the equivalent fee per hour approximately $140, which is below the prevailing fees of experienced attorneys for hourly rate work in Cumberland County, Pennsylvania. h. The negotiated settlement will generate total payments to Cameron, commencing on his 19th birthday, of $731,615. 22. Based upon the foregoing, your Petitioners pray Your Honorable Court to approve the following disbursements: a. A wire transfer of $172,240 to the Structured Settlement Account of John Hancock Assignment Company (SWIFT Code SLTBUS3B, Account # 9369744190, Fleet Boston, P.O. Box 31239, Hartford, CT 06150-1239, Phone: 888/353-3852) to be used for the purchase of an annuity contract to be -9- issued by John Hancock Life Insurance Company, with written guarantee, for the benefit of Cameron Mitchell Nitti, as set forth above, pursuant to Pa.R.C.P. 2039(3). b. A wire transfer of $152,760 to the IOLTA Trust Account of the Law Offices of Barry Morrell (SWIFT Code FNBCUS44, Account # 648645612, Bank One, 10 South Dearborn, Chicago, IL 60670, Phone: 312/732-1164) to be disbursed as follows: To Nicole and Scott Nitti: i. Medical expenses paid to date a. Reimbursement to Kodak Medical Assistance Plan (subrogation rights) $14,584 b. Reimbursement to Scott and Nicole - $ 3,519 ii. Future medical expenses, pursuant to Pa.R.C.P. 2039(b) (1). ii. Attorney retainer paid to date iii.Plastic surgery reports paid to date iv. Photography v. International Express Mail Subtotal To the Law Offices of Barry Morrell $18,103 $ 25,000 $ 2,5OO 9O0 262 100 46,865 -10- vi. Attorney fees $105,172 vii. FedEx, USPS, phone charges $ 613 viii. Court filing fee $ 56 ix. Sheriff's service fee $ 54 Subtotal - $105,895 23. Your Petitioners, in their capacities as parents and natural guardians of the minor, have been advised and understand that should this settlement be approved, the minor would not be entitled to any future payments from Peter deJong and Robin deJong or their insurance carrier. They further understand and have been advised by counsel that they will be required to execute a Settlement Agreement and Release totally and fully discharging Peter deJong and Robin deJong and tlheir insurance carrier. -11- WHEREFORE, your Petitioners respectfully request the Court to enter an Order approving the foregoing compromised s~leme~. Date: aB~ry Merrell, ]Esquire Illinois Bar Registration No. 1961489 980 North Michigan No. 1416, Suite 1400 Chicago, Illinois 60611 Phone: (312) 593-5185 Counsel for Plaintiffs Date: Pennsylvania Supreme Court I.D. 19373 35 East High Street, Suite 203 Carlisle, PA 1'7013 Phone: (717) 241-4311 Local Counsel and Counsel of Record for Plaintiffs -12 - VERIFICATION Nicole Aimee Nitti and Virginio Scott Nitti hereby verify that the facts set forth in the foregoing Petition for Approval of Minor's Settlement are true and correct to the best of their knowledge, information and belief, and understand that false statements herein are made subject to the penalties of 18 Pa. C.S §4904 relating to unswom falsifications. Nicole Aimee Nitti Virginio Scott Nitti FR~'I : CH 1 LDI;;E'I,I I,-IIDP I TPI.. CHILDREN'S HOSPITAL OF FUDAN UNIVERSITY Medical Certification Name: Cameron Nitti Gender: Male D.O.B'. No: F-1[$$7(I) Date of aclmission: Date of discharge: Chief Complaint: Soft tiszue laceration of head and chest from dog attack ~?sical Examinations: child w~ hired by th~ dog With multiple w~tmd~ owr bis head and neck, one at hi: The wound w~s d~aned and ~ios~d with 67 stitclas. Soft tissu~ laceration ofb~ad and Che~t OoctOr $1~natu re: REFERRAL LETTER FROM INTERNATIONAL SOS TO DR YEAP CHOONG LIENG Patient is a 2.5 y,o. boy (US National) who sustained a nasty dog bite this morning at 09:45 am in Shanghai on Sep 11th 2002. He was trying to pick up a cracker on the floor that the dog wanted to take. Child has been seen and operated on Sep 11th afternoon (1400-1500 hfs) in the OT at the Children hospital for wound debridement. Patient sustained * 1/4 penny coin size deep wound the his left cervical side, not involving the carotid artery and jugular veins. * 1 inch rugged wound of the left upper lip with loss of substance (the father has the remaining lip in a plastic bag). All layer of the lip seems to be open exposing a bleeding artery vessel. It is not clear if the loss of substance was more than 30% or not based on our contact with the TMO. There is no other injury noted by the parents and the TMO Dr. Zheng. The dog is a pet from a nearby family, Dog has a certificate of vaccination against rabies but we have cases in the past (in Shanghai) where it was prow;n that the dog received watrer injection instead of the adequate vaccine, We know about a confirmed death from rabies in Shanghai's expat population due to this situation. The family nevertheless has decided to get a Vet to kill the dog and analyse the brain tissue for rabies (bearing in mind that the validity of the certificate may be questionable). Post exposure prophylaxis would need to be started in view of the above past history but the TMO may not have started any post exposure rabies vaccine Patient recovered from the GA as of tonight (Sep 11th 2002). He is running T 39oC (patient has some cough reportedly prior to the above incident for 2 (Jays) treated with Rocephine IV and Paracetamol Suppository. The child is irritable but fully conscious sitting in bed. The lip and cervical wound have been stitched. Thank you again for accepting to take care of this young boy for surgical review. We have informed the parents and escort that the patient shall be fasting from tonight. Best Regards Dr Olivier LO MD SOS Shanghai area - Medical Director 18th September 2002 Dr. George Khoo International SOS Pte Ltd 331 North Bridge Road 17th Floor Odeon Towers Singapore 188720 Dear Sir RE: MASTER NITTI CAMERON MITCHELL M/2~'A YEARS OLD The above-named was bitten by a dog at about 9.45am in Shanghai on 11th September 2002. Hc was trying to pick up a cracker when the dqg bite him. ~ , He sustained lacerations on the neck, chest and both hps. There was tissue loss involving the left lip. He had an emergency operation due in a Children tlospital in Shanghai where the wounds were debrided and repaired. According to the referral notes there was a suspected 30% loss of soft tissues from the left upper lip. He was also given initial treatment for rabies as this is prevalent in China. He was evacuated from Shanghai by SOS International and arrived at about 12 noon on the next day in Singapore. He was admitted to Mount Elizabeth Hospital shortly for treatment. Initial Assessment There were left cervical and neck wounds which were sutured and appeared slightly inflamed. The left upper lip wound was sutured but there was significant soft tissue loss. There were some sutures on the lower lip. Thc child was very agitated and uncooperative at the time of assessment and an initial dressing was done. He was also referred to Dr. Gon Chong Teck to manage the infection aspect in view of the endemic rabies in China. It was communicated repeatedly that at this stage no surgical intervention should be considered but management decisions will be made as the state of the wounds Eh' Yeap Choong Lieng YEAP PLASTIC RECONSTRUuII~rE & COSMETIC SURGERY 3 Mount Elizabeth Mount Elizabeth Medical Centre Suite #14-13 Singapore 228510. Tel: (65) 6734 0061 (65} 6734 0062 Fax: (65) 6738 1192 improve. The injuries on the left upper lip is very complex as there were loss of mucosa, orbicularis otis muscles and skin. This will require careful planning for future reconstructive surgeries to correct the functional,, anatomical and aesthetic aspects of the lip. Opinion: Thc wounds were assessed daily and further opinion were sought but a definite plan has not been confirmed. This is because we do not wanl~ any...re.st0rati.ve surg.e~y to. cause undue or extra deformities tO him~ So the best option is to wait fur a while till the scars settled and hopefully a local re-arrangement of the tissues can be done in stages. Therefore I would like to review the patient in I - 2 months to reassess him. The parents were also encouraged to seek further opinion in U. S. A or elsewhere. This is to provide the best mcxiical and surgical care for him. WfllTllC~l a'e~, rds ~hoong Lieng Or Yeap Choong Lieng YEAP PLASTIC RECONSTRUCTIVE & COSMETIC SURGERY 3 Motrin Elizab~h Mount Elizabeth Medical Centre SuRe #14-13 Singapore 228510. Tel: (65) 6734 0061 (65) 6734 0062 Fax: (65) 6738 1192 Page 1 of 1 TR..O_P.!CAL MED.IC1NI~ & INFE?TI0'US DISEASF~ CLtNIt: DFL CHUNG SOOK YIN deep file://C:~Documents and Settings\bmorrell\Local Settings\Temp~RarSDI04.406XaMedrpt pg 3.jpg 5/1/2004 ,18/09/2002 17:01 FAX 85 2357276 TROPAED ID CI,X *-,~ SOS i~n: TROPICA, MEDICINE & INFECTIOUS ..,ISEASES CLINIC DR. OON CHON~ B,a,. (Hens} C~nlab., D.T.M. & F.I~,~C.P. DR. CHUNG SOOK YIN B.~. t~lm~) O~=n.. B U. 8, CH M..~: (PI4) (S'pe~g).. FAiR ~. MOUNT EUZABETH ~tl2'4 MOUNT EUZABLTH MEDICAL CE~ SINglE ~' TEL: 7~' 7~ AFT~ OF~CF I~JRR 53~ F~: (~) Sept~l~b~r 1 ], 2002 Re: Master Cameron Nitti 2yin Admitted : 12t9/2002 Discharged: 18/9/2002 MEDICAL REPORT The above patient was admitted to Mt Elizabeth E[ospital on 12/9/2002 with a h~ory o~'a bad laceration over the left upper lip mad deep wmmd on the left side nero' thc angle of the mandible from a dog bite. On admission he wan ax' ',eased by Dr Yeao Clx)on t~.n~ who fi:It the wound needed cleaning, hm the infection should he cleared l~orc pla~ic surgery. Master Nitfi was prcscn'hed mtraveaou.,~ R~ccphi~ and ,,,'yrup Klacid for his rm'ld bronchitis, rabies ;mrm]rloglobnlin was given nad a course of post-exposure rabies vaccine cmzu:leneed. to be co~]ctcxt on mt'urn tO Sh.nflEhai Dr ILan'y Fok saw thc patient as a sccond opirfil)n ~ agreed with Dr Yeap's findings. Dr Ye. ap later exphincd in detail to the parents the procedure o£tlm repaim, a~ it was not a s'tmig~ forward one. '['hi.s will he dtmc at a latcr date. 'lhc .saltches to the. lip was removex! today and Masaer Nitti's condition is ~ti~factory. Caa'ollne A. ~licksman, M.D., F.A.C.$. Pi.~$TIC AND RECONSTRUCTIVE SURGERY Barry Morrell Attorney at Law 980 North Michigan #1416, Chicago, Illinois 60611 July 16, 2003 Suite 1400 RE: INDEPENDENT MEDICAL EVALUATION CAMERON NITTI HISTORY OF THE PRESENT ILLNESS: I had the opportunity to see Cameron Nitti in my office for an initial plastic surgical consultation on 6-11-03. As yon may know, Cameron is now a 3½ year old male who presents approximately nine months status post a significant soft tissue trauma to the face, neck and chest, after an attack by a dog while living in China. The child sustained an attack by a Chow breed, and was taken emergently to Mount Elizabeth Hospital on 12-09-2002. The initial evaluation was performed in the Emergency Room where the child received irrigation and debridement of the wound, and antibiotic and tetanus prophylaxis, as well as a rabies immunoglobulin course. According to the records that I have obtained, which are not complete, it appears that the child was intubated and under endotracheal anesthesia, repairs were made to the left cheek, neck and some type of mucosal advancement flap was performed to repair the soft tissue loss of the upper lip. The child postoperatively did well without any significant serious infections, and presents at this time for evaluation of facial scars. PHYSICAL EVALUATION: General Appearance: Cameron is a well nourished, well developed child in no acute distress. The upper lip reveals a loss of the normal tissue in approximately the lateral 1/3 of the upper lip. The scarring begins just lateral to Cupid's bow, and extends along the entire length of the left upper lip just medial to the oral commissure. There was a full thickness loss of tissue which apparently has been replaced by a mucosal advancement flap type reconstruction. The motor examination of the oblicularis shows an equal and symmetric levator function at the oral commissures, and normal facial animation is present. The oblicularis appears intact. The sensory exam is difficult to obtain due to the age of the child, but there appears to be adequate sensation in the left upper lip region. Heritage Commons · 2164 Rt. 35, Building A · Sea Girt, NJ 08';'50 · (732) 974-2424 252 Broad St., Suite 4 · Red Bank, NJ 07701 · (7321~ 212-9460 www.surgery.com/cglicksman RE: CAMERON NITTI 2 The white line and vermilion are distorted at the junction of the lateral aspect of the Cupid's bow region along the entire length of the upper lip to just medial to the oral commissure. There was no white roll re'maining, and the vermilion is distorted and there is considerable color mismatch due to the use of oral mucosa distal to the wet line. There is some residual hypertrophy secondary to the surgical procedure itself, and the trauma in the region of the upper lip. There is a considerable amount of bulk with the scar formation upon palpation with excessive mucosal tissue brought u'p to the vermilion and wet line region. The scarring in the left cheek region runs approximately parallel to the mandibular border from the angle of the mandible down towards the region of the lateral aspect of the chin. There is considerable hypertrophy within this scar, and slightly thickened with the presence of a small early'keloid formation. The scar measures approximately 4.5cm.'s - 5.0cm.'s in length with a greatest width of approximately 0.5cm. There is also some hyper- trophic scarring present on the anterior chest just lateral to the sternal region. The injuries sustained by Cameron are significant and permanent. The initial surgical treatment attempted to close the soft tissue defects created by the avulsion of soft tissue during the dog bite, however, these may not be the ideal cosmetic and reconstructive tissues for the best cosmetic and functional results. Cameron's injuries will absolutely require future surgical treatment. There are multiple reconstructive options for a 1/3 loss of soft tissue from the upper lip. Of most importance is the reconstruction of the vermilion border. This tends to be a neglected area. Defects of mucosal grafts frequently contract and produce areas of excessive mucosa, and poor color match. Moderate sized defects such as Camerons could not be closed directly without causing deformity, must be reconstructed with neighboring tissues, and a combination of mucosa and skin must be used. Pin cushioning or contracture of the scar which is apparent in Camerons scar at present adds to the lip deformity, and makes further correction necessary. There is no single method of choice for localized lip and mucosal reconstruction. Each technique has its individual merits, and must be applied according to the specific indications. Cooperation of the patient is of the utmost importance in lip reconstruction. Very small children often bite on suture lines, make examinations and surgical procedures difficult, and often require general anesthesia for even minor revisions. Therefore, it is usually suggested that if there is adequate motor function of the lip without excessive drooling, and speech is not interfered with, that most reconstructive procedures be held off until the child is of 6-7 years a more cooperative age, somewhere in the range of over of age, depending on the child and the personality. RE: CAHERON NITTI 3 In addition, at that age, begins the effects of pure ridicule, and the child himself often des. ires to cooperate to avoid being made fun of. It is therefore difficult to estimate the time period over which Cameron will require treatment. I would suggest initial revision surgery would be planned for the beginning of school age and multiple revision procedures may be then subsequently performed over the next several years. You have requested an estimate of the costs for lip reconstruction. This is extremely difficult to be precise about as the surgical procedures may be required to take place over several years during his young childhood, and early adolescence. It is a safe estimate to assume that the reconstructive surgeries Physician's fees, not including anesthesiology fees, and facility fees, would run anywhere from $4000-$6000 per procedure. Of course, this depends on the fees generated by the specific plastic surgeon, and the location of the hospital, surgery- center, and anesthesiology staff. In summary, Cameron has sustained a soft tissue defect approximately greater than 1/3 of the lateral aspect of his upper lip. A temporary reconstructive procedure has been performed, so as to allow the child normal mastication, speech, and control of his saliva. However, this~ temporary solution has not achieved adequate symmetry, and has clearly significant color mismatch. Cameron may require multiple reconstructive procedures over the next five to ten years to create natural appearing lips as possible. There is however, a significant level of disfigurement. The upper lip is. altered in appearance, and this alteration is of color, shape, and structure. Although there appears to be minimal loss of bodily function, and little or no effect on the activities of daily living, this disfigurement may produce social rejection or impairment of his self image, and this needs to be addressed. If I can be of any further assistance, please do not hesitate to contact this office. Sincerely, Caro~/ Glicksman, M.D. CAG:tlg James M. Wallace, M.D. 70 Office Park Way Pittsford, New York 14534 July 15, 2003 Gretchen Smith-Burke, M.D. 500 Island Cottage Road Rochester, New York 14626 RE: Cameron Nitti DOB: 1/31/2000 Dear Dr. Smith-Burke, I saw Cameron and his mom in consultation in my office on July 1st and in follow up today, July 15, 2003 related to his experience of being bitten by a dog and needing some related medical trea~nent. The family is in the country for the summer but plan to relocate for business reasons in Japan and had been in China on a previous assignment. By the family's report on September 11th Cameron was', bitten by a Chow dog that belonged to a neighbor and was injured and emotionally traumatized. He had to have some stitches and surgery, and was fairly agitated at the time. Since then he has developed increasing fears both for dogs and for doctors and has a fairly traumatic reactivity when exposed to either trigger. Cameron has a life long somewhat anxious and rigid temperament and personality. He has always been very organized in his play and somewhat uptight and rigid. He tends to be quiet, soft spoken, and slow to warm up to new experiences. He tends to like routines and predictability. All of these traits were exaggerated with the current trauma and resultant anxiety but they clearly were there as a premorbid condition. In my consultation with Cameron he did present as a slow to warm up, very rigid, quiet, and soft spoken boy who became more spontaneous as we spent time together. His play was very compulsive, organized, and almost ritualistic. He became distressed when things would be out of control such as a building he was making would collapse. He was pleasant but didn't say much to me and I communicated primarily with his mom, although he showed a lot of facial expressions, good warmth, and relatedness. I have directed the mom to work at some exposure experiences for Cameron including spending time with fi:iendly dogs and trying to expose him to dogs under a controlled situation over and over to try to soften his reactivity. I have also encore-aged her to visit your office for all sorts of reasons in order to get him familiar with the environment and to have him have experiences at doctor's offices that are not painful or traumatic:. Mom is working diligently at both of these projects. Cameron Nitti Page 2 This family has a very interesting pattern of having two kids that are extroverted and somewhat rough and ramble and two that are more anxious, rigid, and shy like Cameron. The tension between these groups is actually probably healthy for a/Il of them. Cameron likes to play with his 5-year-old brother who can be more rough and extroverted and they have to tolerate each other and negotiate things although it leaves Cameron somewhat distressed and screaming some of the time. The mom is also very sensitive to everyone's needs and has been able to accommodate Cameron. I asked her to try to introduce some wn'iety to develop flexibility in his thinking in a protocol I describe as flexibility and spontaneity tra/ning, which she has been able to undertake with some enthusiasm. I also suggested that Cameron's personality and temperament are strong enough to hint at some possible obsessive compulsive features or at least sticky and rigid thinking. Some people can carry this sort of thinking their whole life without it being an impairment whereas others it can flare up to an obsessive compulsive disorder which needs more aggressive treatment and intervention including possible medications. At this time I see diagnostically that Cameron shows sitgas of two specific phobias, dogs and doctors that are most likely the result of a traumatic experience of being bitten by a dog and having medical interventions. He also has an obsessive compulsive personality style and some signs of general anxiety that have probably been life long temperamental traits. At this time I suggest the family continue to work on the exposure and relaxation techniques we described as well as working on the spontaneity and flexibility training for his overall personality. I also think that if in the future his symptoms rise to the point of cansing impairment then he may be diagnosed as having an obsessive compulsive disorder or other anxiety disorder and need more formal treatment. This may never happen or may happen during one of his big transitions into school or in one of their fmnily moves. He is also vulnerable to any triggers related to this current trauma such as being charged at by another dog or traumatized in any other way by a dog, or by having to undergo painful medical procedures, which may or may not be avoidable. I would expect if these things happen that he will have a worsening of his symptoms although he can probably always get back to his baseline as long as the majority of his experiences are positive. I plan to see the family one more time in a couple of weeks and then they will probably be relocating and will have to seek services in other ways. Sincerely, es M. ~allace, M.D// Child and .Adolescent Psychiatrist JMW:baf cc: Nicole Nitti, 452 East Manitou Road, Hilton, NY 14468 Page 1 of 1 Dale Shugha~ From: Barry Morrell [morrelUaw@msn.com] Sent: Saturday, May 01, 2004 8:06 PM To: Dale F. Shughart, Jr. Cc: Bonnie L. Coyie Subject: Fw: Winterthur- Nitti v. deJong ---- Original Message --- From: Eliot Clauss To: Barry Morrell Esq. Cc: Jan Fink Call Sent: Friday, March 19, 2004 11:54 AM Subject: Winterthur- Nitti v. deJong Dear Mr. Morrell: This will confirm my previous advice to you that the coverage limit of the policy issued by Winterthur to the deJong's which is applicable to the incident at issue in this litigation, is $350,000. Defense costs reduce the amount available to pay any indemnity. Sincerely, Eliot R. Clauss Clauss & Sabatini 1350 Broadway, Suite 1710 NewYork, NY 10018 Phone 212-239-5900 Fax 212-279-1265 5/5/2004 World Link Medical Expenses Four visits for Cameron's rabies shots x 200RMB = 800 RMB = ~US$100 International SOS (HK) Ltd. 16/F., Wo~'ld Trade Centre, 280 Gloucester Road, Causewsy Say, H~ng Kong Tel (852) 2528 9996 Fax (852) 2528 9933 =.A Company 'O: international SOS Assistance, Inc. Eight Neshamlny tnterplex., Slulte 207 Trevose, PA 19053-.8956 USA. IhlVOICE NO. :' I ~NVOICE DATE: September 25, 2002 PAGE: 1 of 1 OUR REF, NO.: 03SHA001~2 YOUR REF. NO.: (33PHL02662 qTION: Mr. Michael Kinzler UB~CRlt~ER'S~NAME ~i: ,~' ~(. Eastman Kodak Company IEMRERSHIP NO, & N~E' Medicet e~acuatfon services rendered for Ms~'. NITTI, Cameron on commemial l~tght from Shanghai, PROC to Singapore on September 12, 2002 with medical escort nurse. intervention Date: Commenced on September 12 2002 Completed on September 13 2002 Air Expenses Air ticket for patient, his family & nurse (invoice no. 18831, 18832) China airport tax (see receipt~) USD RMB46,186,00 $ 5,57802 RMB270.00 $ 32.61 II. Transportation Expenses Ambulance in Shanghai (~ip~t no, 108153) RMB925.00 Ground transportation il~'~'~'~se~ receipte) RMB43.00 Ground transpoffafi~n~'ifi'~ifl'~e~e receipts) ,~GD1 g.40 IlL Medical Shanghai: US$900 x 2 days IV. Gmur~d Handling V. Case Fee United States Dollars Eight Thousand =F~u~ Hundred Fifty Eight and Cents SIx~ Two Only. EncL Exch.: 1 USD = RMB 8.28, SGD 1.75 (*This Invoice excludes any local tax') $ 111.71 $ 5.1g $ 11.0g $ 420.00 $ 500.00 $ 8,458.62 VSlehl 07C/E21/002731 TERMS: PAYMENT UPON PRESENTATION OF INVOICE 114RRR E.& O.E. MOUNT EUZABETH HOSPITAL LTD ~II~G]~O SCOT1~ ~CO~ .~vVTP'P NITTI 452 ~ Iv~..,',,~OLT ]~OAD H]Z.TON. N~' 144~8 ESL FEDERAL CREDIT UNION ROCHESTER N.Y. 14517 3923 the I ?/0 ,~ V b6 ~,~791 00'~ O T~r ~,-~j r 6,314 ~93,~6 ? OhiO03 !/ ' S 2 .~ AUT~81~N ~ o SUB _ tOTAL ~EFERENCE NO, SERVEl TAX ~ CUSTOMER: RETAIN THIS COPY FOR YOUR RECORDS EFS NATIONAL BANK DATE i , ~UTHC)EIZATION 700 , O0 , i NO SALES RETURNED AFTER .__ DAYS. NO CREDIT / EXCHANGES AF'i'ER __ DAYS. DAYS IF BLANKS NOT FILLED iNI IMPORTANT: RETAIN THIs COPY FOR YOUR RECORDS, James Wallace, M.D. 70 Office Park Tobey village Office Park Pittsferd, NewYork 14534-1738 Telephone: 585/249- 6~;~20 Encounter Form '~"~In~ial Diagnostic Interview 90801 __ individual Psychotherapy (20-30 Minutes) 90804 With Medical Evaluation and Management Services 90805 __ ~ndividual Psyohotherapy (45-50 Minutes) 90806 VVIth Mecilcal Evaluation and Management services 90807 __ Pharmacology Therapy 90862 __ Group Medical Psychotherapy 90953 Other: D~iM IV': 1. 3. Paty~rlt Info, Payment Received: Amount: Cash: Check Number: Ne~ ~pomtment: White copy- patient Yellow copy - billing office Pink copy'- physician /~-- -- Name: Jaro~s V~allace, M.D. Tobey Village C~ice Park 70 Oflic~ ~k~ ~d ~Y~k 1~1~ T~e: ~) ~cou~er Form T,~ of 'vlstt: __ initial Diagnostic interview 90801 __ Individual Psychotherapy (20-30 Minutes) 90804 With Medicat Evaluation and Management Services 90805 __ Individual Psychotherapy (45-50 Minutes) ~'~08~ 'With Medicat Evaluation and Management Services 90807 __ Pharmacology Therap'/ 90862 __ Grou~ Medica~ Psychotherapy 90853 __ Ot~er: DSM IV: 1. 3. PaMrmnt Infm .~ton: Payment Received: Cash: Check Numb,r:) ,appointment Infoi.J~ion: NextAppoJntment: ~,: t.~ I No White copy - patient Yellow copy - billing office Pink copy - physician --S: 06Y!0/03 ~-~RT END ~S 15:45 !5:57 02,7 TOTAL: $ 6.88 CONSUMER HOTL~NE I 2~2 NVC-T~XI Estimated Future Medical Expenses Surgeon's Fees a. Reconstructive Lip Surgery i. Abbe or Vermilion Flap 1. Major Procedures = 1 @$6,500-7,500 2. Minor Procedure = 1 Sectioning @$1,500 ii. Revision = 1 Minor Procedure @$2,500 USS 7,000.00 USS 1,500.00 USS 2,500.00 Sub-Total USS 11,000.00 2. Hospital Room (1 Day @ $2,600 per day- NYU Medical Center) USS 2,600.00 3. Anesthesiologist's Fees a. Reconstructive Lip Surgery i. Abbe or Vermilion Flap 1. Major Procedures = 1 @$1,500 USS 1,500.00 2. Minor Procedures = 1 Sectioning @$820 USS 820.00 ii. Revision = 1 Minor Procedure @$820 USS 820.00 Sub-Total USS 3,140.00 Facility Fees (NYU Medical Center) a. Reconstructive Lip Surgery i. Abbe or Vermilion Flap 1. Major Procedures = 1 @$5,490 2. Minor Procedures = 1 Sectioning @$1,971 ii. Revision = 1 Minor Procedure @$1,971 USS 5,490.00 USS 1,971.00 USS 1,971.00 Sub-Total ,USS 9,432.00 Estimated Total Future Medical Expenses USS 26,172.00 ATTORNEY SERVICES AGREEMENT- CONTINGENCY In consideration of the legal services to be rendered by the Law Offices of Barry Morrell, 980 No~th Michigan, No. 1416, Suite 1400, Chicago, Illinois (hereinafter referred to as 'Law Firm') for any claim that Virgiino Scott Nitti and Nicole Nitti, husband and wife and domiciliaries of the State of New York (hereinafter referred to as 'Client'), as parents and guardians of Cameron Nitti, a minor bom on January 31, 2000 (hereinafter referred to as 'Cameron') may have against the parties responsible for injuries and/or damages sustained by Cameron as a result of a dog attack in Septembcr, 2002 at Shanghai, China, the Client does hereby employ Law Finn to commence and prosecute said claim as of the ~5-r~ day of AS.~ ¥ ,2003. Client agrees to pay, and hereby assign to Law Firm, a lien of 33 1/3% of all net amounts recovered or awarded on behalf of the Client by settlement either before or after the filing of a lawsuit or other court action or by award upon trial. The net amounts recovered or awarded shall be calculated as the sum of any initial payments plus the present value, at the time of the initial payments, of any future settlement or award or judgment to be secured less litigation costs and any expert witness fees. A retainer fee of Twenty-Five Hundred United States Dollars, (US$2,500.00), shall be paid by Client upon execution of this agreement, which sum shall be credited against any payment due Law Firm under the previous paragraph. Law Firm and Client agree that no attorney-chent relationship shall exist until the initial retainer fee has been paid to Law Firm. Law Firm will advance litigation costs, but not any expert witness fees or medical or treatment costs. Such litigation costs advanced shall be reimbursed fi.om amounts recovered or awarded before payment of attorney fees. Law Firm may retain the services of assoc/ate counsel in Ch~aa and the United States in connection with this claim. Any expenses incurred by Law ];inn for such services shall be the sole responsibility of Law Firm and shall not be reimbursed fi.om any amounts recovered or awarded hereunder. Law Firm shall notify Client immediately of any offer received by Law Firm to settle Chent's claim hereunder. Law Firm will not accept any settlement offer without the approval of Client. Client shall have the sole and unequivocal right to accept or reject any such settlement offer. Client also agrees to cooperate in the preparation and trial of the case, to keep Law Firm advised of his whereabouts at all times, to appear on reasonable notice for depositions and court appearances and otherwise to comply with all reasonable requests made of him in connection with the preparation and presentation of this case. Chent hereby authorizes Law Firm to provide all information,, including doctors' reports, hospital records, etc. and any and all pictures to the insurance company or attorney of the adverse party. This agreement is complete in its entirety between the parties involved. The undersigned have read and agree to be bound by this agreement. Executed as of the date first written above. Clien~ __ . . Virg~o Scott Nitti Nicole Nith Law Firm Law Offi~~rrell ~ Y B/~~c n~e~,~A/~l n~e y at L aw 2 CERTIFICATE OF SERVICE AND NOW, this 6th day of May, 2004, I, Dale F. Shughart, Jr., Esquire, hereby certify that I have served a copy of the Petition for Approval of Minor's Settlement and proposed Order of Court by mailing the same by United States mail, postage prepaid, to: Eliot R. Clauss, Esquire CLAUSS & SABATINI 1350 Broadway, Suite 1710 New York, NY 10018 Jan Fink Call, Esquire Tammi Markowitz, Esquire HOYLE, FICKLER, HERSCHEL & MATHES, LLP One South Broad Street, Suite 1500 Philadelphia, PA 19107