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HomeMy WebLinkAbout08-5040Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - telephone (717-236-1816 - facsimile ahdowling@mette.com Attorneys for Plaintiff HARRY LAUGHLIN, II., Plaintiff V. MAURICE BAKER and RITE AID CORPORATION, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Q S? 6 C. r f. ur? CIVIL ACTION - LAW : JURY TRIAL DEMANDED 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(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - telephone (717-236-1816 - facsimile ahdowling@mette.com Attorneys for Plaintiff HARRY LAUGHLIN, II., Plaintiff V. MAURICE BAKER and RITE AID CORPORATION, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 4 t16 Gl r? -? UM CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Harry Laughlin, II, by and through his attorneys, Mette, Evans & Woodside, and files this Complaint against the Defendants and in support thereof avers as follows: 1. Plaintiff Harry Laughlin, II is an adult individual residing at 1465 Hillcrest Court, Unit 602, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant Maurice Baker is an adult individual residing at 395 Silver Spring Road, Mechanicsburg, Cumberland County, PA 17055. 3. Defendant Rite Aid Corporation is a Pennsylvania Corporation with a principal office address of 30 Hunter Lane, Camp Hill, Cumberland County, PA 17110 4. The accident hereinafter related occurred on October 31, 2006 at approximately 5:30 p.m. at the 3800 block of Trindle Road, Hampden Township, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, Plaintiff Harry Laughlin, II was operating a 2003, BMW Z4 sedan westbound on Trindle Road, Hampden Township, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Defendant Maurice Baker was operating a 2002 Ford van traveling westbound on Trindle Road, Hampden Township, Cumberland County, Pennsylvania. 7. At the aforesaid time and place, Defendant Maurice Baker was operating a vehicle owned by Defendant Rite Aid Corporation. 8. At the aforesaid time and place, Defendant Maurice Baker was an employee, agent and/or servant of Defendant Rite Aid Corporation and was acting within the scope of his employment. 9. At the aforesaid mentioned time and place, Defendant, Maurice Baker was traveling at a high rate of speed and failed to timely notice Plaintiff s stopped vehicle and violently crashed into the rear of the vehicle operated by Plaintiff. 10. As a direct result of the aforementioned accident, the Plaintiff suffered serious and permanent injuries as hereinafter related. HARRY LAUGHLIN, II V. MAURICE BAKER AND RITE AID CORPORATION 11. Paragraphs 1 - 10 are incorporated herein by reference. 12. The negligence, carelessness and/or recklessness of the Defendants consisted of the following: a. operating a vehicle too fast for conditions; b. failing to stop within the assured clear distance; C. failing to keep alert and maintain a proper lookout for changes in road conditions and traffic; and d. not having his vehicle under control 13. Defendant Rite Aid Corporation breached its duty to Plaintiff by permitting Defendant Maurice Baker to operate said vehicle in an unsafe, careless, reckless and negligent manner as set forth in Paragraph 12 of the Complaint. 14. As a direct result of Defendants' negligence, carelessness and/or recklessness, Plaintiff Harry Laughlin, II suffered the following injuries, damages and aggravation of pre- existing conditions including: a. neck pain with spinal stenosis, bilateral extremity radicular symptoms b. low back pain c. headaches d. left shoulder pain e. left foot pain and numbness f. blurred and double vision g. past medical bills; h. future medical bills; past and future pain and suffering; past and future loss of life's enjoyment; k. embarrassment; and loss of future wages and earning capacity. 15. As a direct result of these injuries, Plaintiff, Harry Laughlin, II underwent a variety of medical treatment, including emergency room treatment, steroid injections, physical therapy, diagnostic studies, use of a cervical collar, and the taking of prescription and over the counter medications for pain and inflammation. 16. As a direct result of the negligence, carelessness and/or recklessness, Plaintiff Harry Laughlin, II suffered serious and permanent injuries and damages as set forth above. WHEREFORE, Plaintiff Harry Laughlin, II demands judgment in his favor and against Defendants in an amount in excess of $50,000, plus costs, interest and such other and further relief as the Court deems just and appropriate. Respectfully submitted, METTE, EVANS & WOODSIDE By: Andrew H. Dowling, Esquire Sup. Ct. I.D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Date: Attorneys for Plaintiff Harry Laughlin, II VERIFICATION I, HARRY LAUGHLIN, II, have read the foregoing document and verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: J 1?6 U 0 HARK LAUGHLIN, II soo229v1 o \ r\3 _7C r - rz V O fi SHERIFF'S RETURN - REGULAR CASE NO: 2008-05040 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAUGHLIN HARRY II VS BAKER MAURICE ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BAKER MAURICE the DEFENDANT , at 1429:00 HOURS, on the 26th day of August 2008 at 395 SILVER SPRING ROAD MECHANICSBURG, PA 17055 MAURICE BAKER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service ?P/68 10.00 ato Postage .59 Surcharge 10.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 08/27/2008 METTE EVANS WO DSID By. Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05040 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LAUGHLIN HARRY II VS BAKER MAURICE ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon "OTMU TTi'1 rnp?nunrTnrT the DEFENDANT , at 1555:00 HOURS, on the 26th day of August_ 2008 at 30 HUNTER LANE CAMP HILL, PA 17011 by handing to PATRICK COLEMAN, PARALEGAL, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing ? 6.00 Service 114108 15.00 Affidavit 00 .00 Surcharge 10.00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 08/27/2008 METTE EVANS WOODSID By. eputy Sheriff A. D. WILLIAM J. FERREN & ASSOCIATES Francis R. Gartner, Esquire Atty ID # 49436 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1710 Attorney for Defendants Maurice Baker and Rite Aid Corporation HARRY LAUGHLIN, II, Plaintiff V. MAURICE BAKER and RITE AID CORPORATION Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-5040 Civil ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendants, Maurice Baker and Rite Aid Corporation, in the above-captioned matter WILLIAM J. FERREN & ASSOCIATES lfr " R. Ga her, Esquire Attorney for Defendants, ?. r V • ? t V .u1 t7 a 09-1633E CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas HARRY LAUGHLIN, II Cumberland County - VS - RITE AID CORPORATION AND MAURICE No. 08-5040 BAKER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of FRANCIS R. GARTNER, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to server the subpoena(s). DATE: 3/3/2009 e CI ?(, ? ?,E Counsel for Defendant .'. Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦ (215)732-1177 fax (215)732-5637 Online Services www.cchinc.com HARRY LAUGHLIN, II IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. RITE AID CORPORATION AND No. 08-5040 MAURICE BAKER NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ANDREW DOWLING, ESQUIRE METTE, EVANS & WOODSIDE 3401 NORTH FRONT STREET PO BOX 5950 HARRISBURG, PA 17110 Please take notice there has been a request by FRANCIS R. GARTNER, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to HARRY LAUGHLIN, II. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is in accordance with Act #26. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: February 10, 2009 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Abr. Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 a n R a (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com HARRY LAUGHLIN, 11 CCLR File NO. 09-1633E vs. RITE AID CORPORATION AND MAURICE BAKER COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 2/9/2009 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions on or prior to 3/3/2009. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. Date: Attorney for plaintiff(s) / defendant(s) ANDREW DOWLING, ESQUIRE METTE, EVANS & WOODSIDE 3401 NORTH FRONT STREET PO BOX 5950 HARRISBURG, PA 17110 CWMMWEALTH OF PMUMVANIA COMM OF C MBERLAND HARRY LAUGHILIN, II VS RITE AID CORPORATION-AND MAURICEFile No. 08-5040 BAKER SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 " TO: GEICO GENERAL INSURANCE -.CLAIMS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:ANY AND ALL RECORDS, REPORTS, MEMOS,DOCUMENTE, ANY WRITTEN INFORMATION,CONTAINED IN FILE REGARDING CLAIM #0141658360101070, POLICY #0533210605; DATE OF LOSS: 2/1/2007. at CENTER CITY LEGAL REPRODUCTIONS. INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a overt order ocnpelling you to oomply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: FRANCIS R. GARTNER, ESQUIRE ADDRESS: CCLA. Inc. - 1? TELEPHONE : MIA DA WO SUPREME COURT ID #_ ,.3M177 ATTpRNEy FOR : DEFENDANT' BY THE COURT: Prothonotary/Clerk', Civil Division DATE: Seal of the Court Deputy (Eff. 1/97) TO: HARTFORD FIRE INSURANCE COMPANY CLAIMS DEPT. (Name of Person or Entity) - Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:ANY AND ALL RECORDS, REPORTS, MEMOS, DOCUMENT ANY WRITTEN INFORMATION CONTAINED IN FILE REGARDING CLAIM #61284769AC, POLICY #39PH203709; DATE OF LOSS: 1/2/1993. at CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mai 1 legible copies of. the documents or produce things requested by this subpoena, together with the certificate of oat i i ante, to the party making th i s request at. the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REST OF THE FOLLOW 1 NG PERSON : NAME: FRANCIS R. GARTNER, ESQUIRE ADDRESS: CC(. '' 0- 011 1 TELEPHONE: DA A ? a 19, 09 SUPREME COURT ID 4k- ATTORNEY FOR: DEFENDANT' HARRY LAUGHILIN, II VS RITE AID. CORPORATION-AND MAURICE SUBPOENA TO PRODUCE DOCUIrE1M OR THINGS FOR DISOOVERY PURSUANT TO RULE 4009.22 rr*&c mm.TI OF PENNSYLVANIA COUWY OF CUMBERLAM File No. 08-5040 BY THE.000RT: DATE: Seal of the Court , Prothonotary/Clerk, Oivil Division Deputy . . (Eff. 7/97) ak CONMONWFALLTH OF PENNMVANIA COUNTY OF C MBIItUM HARRY LAUGHILIN, II VS File No. 08-5040 RITE AID. CORPORATION-AND MAURICE BAKER Ig llA TO PRODUCE DOCUhENTs OR THI NOS FOR DISOONERY PURSUANT TO RULE 4009.22 TO: PROGRESSIVE HOME INSURANCE COMPANY = CLAIMS DEPT. (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things:ANY AND ALL RECORDS, REPORTS, MEMOS, DOCUMENTS ANY WRITTEN INFORMATION CONTAINED IN FILE REGARDING CLAIM 00120083818666, POLICY 047106859000; DATE OF LOSS: 5/21/2008. at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of. the docwmts or produce things requested by this subpoena, together with the cert i f irate of coup 1 i anoe, to the party making th i s request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce -the docments or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena nay seek a court order oonpel l ing you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQl1EST OF THE FOLLOWING PERSON: NOW: FRANCIS R. GARTNER, ESQUIRE 2- -2 9- - Owed 1m TELEPHONE : Ph"a R?qUV SUPRIEW COIW 1D # 16M M 7-W ATTORNEY FOR: DEFENDAN BY THE. COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court , Deputy (Eff. ?/97) a"CNW&UM OF Pat SYLVA?NIA HARRY LAUGHILIN, II File No. 08-5040 VS RITE AID.CORPORATION•AND MAURICE BAKER TO PRODUCE DOOUPENTs OR TH I NOS FOR DISOOVERY PURSUANT TO RULE 4409.22 TO:STATE FARM INSURANCE COMPANY - LEGAL DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ANY AND ALL RECORDS, REPORTS, MEMOS, DOCUMENT; ANY WRITTEN INFORMATION CONTAINED IN FILE REGARDING CLAIM #38L319159, POLICY #S90049338V; DATE OF LOSS: 10/5/2007. at CEN'T'ER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of. the documents or produce things requested by this subpoena, together with the pert i f icate of carip I i ance, to the party making th i s request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena inlay seek a court order om"I l ing you to ca, ly with it. THIS SAPOENA WAS ISSUED AT IM REQUEST OF THE FOLLOW 1 N© PERSON: HAM: FRANCIS R. GARTNER, ESQUIRE ADDRESS: CCL . Inc. In 9- Ekwd St IIELEPFiONE: owls DA 09 E COURT I D # Arftj In 7 ATTORNEY FOR: DEFENDANT'. BY THE COURT: Prothonotary/Clerk, Civil Division DATE: Seal of the Court Deputy . (Eff. 1/97) 0Ow4 NWFALTH OF PENNSYLVANIA . COUNTY OF CUKBE RIAND HARRY LAUGHILIN, II File No. 08-5040 VS RITE AID. CORPORAT 'SUPPOENA ION-AND MAURICE BAKER TO PRODUCE DWR ENTS OR TH I NGS FOR DISOOVERY PURSUANT TO RULE 4009.22 TO: STATE FARM INSURANCE COMPANY - LEGAL DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ANY AND ALL RECORDS, REPQRTS, MEMOS, DOCUMENT ANY WRITTEN INFORMATION CONTAINED IN FILE REGARDING CLAIM #38L31959; DATE OF LOSS: 3/6/2008. at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) zk* You may deliver or mail legible copies of. the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party malting this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order oafpel l ing you to cmply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOL.L.OW i NG PERSON : NAME: FRANCIS R. GARTNER. ESQUIRE ADDRESS: CCL . I#ne. 1n 1ELEPf1OW: Owes OA 14",qww SU'REM 0OURT 10 # ATTORNEY FOR: DEFEND BY THE OOURT: DATE: Prothonotary/clerk, Civil Division Seal of the Court Deputy (Eff. 1/97) C7 r? t ?M rl-j Z9 zit 3*0 r cn Zr -v? ._J' e_ •?f.J 09-1706E CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas HARRY LAUGHLIN, II Cumberland County _VS - RITE AID CORPORATION AND MAURICE No. 08-5040 BAKER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of FRANCIS R. GARTNER, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to server the subpoena(s). DATE: 3/6/2009 E? Counsel for Defendant Center City Legal Reproductions, Inc. CLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com HARRY LAUGHLIN, 11 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. RITE AID CORPORATION AND No. 08-5040 MAURICE BAKER NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS ANDREW DOWLING, ESQUIRE METTE, EVANS & WOODSIDE 3401 NORTH FRONT STREET PO BOX 5950 HARRISBURG, PA 17110 Please take notice there has been a request by FRANCIS R. GARTNER, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to HARRY LAUGHLIN, 11. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is in accordance with Act #26. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: February 13, 2009 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦._ ¦_¦ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com HARRY LAUGHLIN, 11 CCLR File NO. 09-1706E vs. RITE AID CORPORATION AND MAURICE BAKER COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 2/12/2009 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me, yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions on or prior to 3/6/2009. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. Date: Attorney for plaintiff(s) / defendant(s) ANDREW DOWLING, ESQUIRE METTE, EVANS & WOODSIDE 3401 NORTH FRONT STREET PO BOX 5950 HARRISBURG, PA 17110 rrwwwwvATmw OF PENNSYLVANIA aXWPY OF CUMBERLAND HARRY LAUGHLIN, II VS Fi le No. 08-5040 RITE AID CORPORATION AND MAURICE: BAKER ' SUBPOENA TO PRODUCE DOCUrENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PENNSYLVANIA NEUROLOGICAL ASSOCIATES (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: ANY & ALL MEDICAL RECORDS, REPORTS, OFFICE NOTES, PROGRESS REPORTS, DOCTORS NOTES, CHARTS, SUMMARIES, TEST RE_ SULTS, EVALUATIONS, ETC., PERTAINING TO HARRY LAUGHLIN, II at CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of carp i i ante, to the party making th i s request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order oanpelling you to canply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: FRANCIS R. GARTNER, ESQUIRE ADDRESS:_ CCLR, Inc. 123 S.. Broad at., f 1 0 TELEPHONE: P-h-di-a-, PA .191.09 SUPRE'V OOURT 10 # /'7 ral 732,,_11" ATTORNEY FOR: DEFENDANT. BY THE COURT: DATE: Prothonotary/Clerk, Civil Division Seal of the Court Deputy (Eff. 7/97) f? -?,? ':: ?' ? ? ?-? - . '? sin ? ?? r.? . -+? ;- -? v ? ? NOTICE TO PLEAD TO: PLAINTIFF: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED NEW MATTER WITHIN TWENTY (30) DAYS FROM THE SERVICE HEREOF OR A DEFAULT WILLIAM J. FERREN & ASSOCIATES Francis R. Gartner, Esquire Atty ID # 49436 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1710 HARRY LAUGHLIN, II, Plaintiff V. MAURICE BAKER and RITE AID CORPORATION Defendants Attorney for Detenda Maurice Baker and Rite Aid Corporation COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-5040 Civil ANSWER ANDI NEW MATTER TO PLAINTIFF'S COMPLAINT Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations since the means of proof are within the exclusive control of an adverse party and, thus, said allegations are denied with strict proof thereof being demanded at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted in part, denied in part. It is admitted that the vehicle operated by defendant Maurice Baker made contact with the rear of the vehicle operated by Plaintiff which was at a stop. The remaining factual allegations are specifically denied. 10. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations since the means of proof are within the exclusive control of an adverse party and, thus, said allegations are denied with strict proof thereof being demanded at the time of trial. 11. Defendants herein incorporate their answers to paragraphs 1 through 10 of Plaintiff's complaint the same as if they had been set forth fully at length herein. 12. Denied. Each and every allegation of fact directed to the defendants is specifically denied with strict proof thereof being demanded at the time of trial. Further, this affirming contains, allegations which are conclusions of law to which no response is required. 13. Denied. This affirming contains allegations which are conclusions of law to which no response is required. 14. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations since the means of proof are within the exclusive control of an adverse party and, thus, said allegations are denied with strict proof thereof being demanded at the time of trial. Further, this averment contains allegations which are conclusions of law to which no response is required. 15. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations since the means of proof are within the exclusive control of an adverse party and, thus, said allegations are denied with strict proof thereof being demanded at the time of trial. 16. Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations since the means of proof are within the exclusive control of an adverse party and, thus, said allegations are denied with strict proof thereof being demanded at the time of trial. Further, this averment contains allegations which are conclusions of law to which no response is requited. WHEREFORE, DEFENDANTS DEMAND THAT PLAINTIFF'S COMPLAINT BE DISMISSED NEA MATTER DIRECTED TO THE PLAINTIFF 17. Some or all of the damages claimed by plaintiff are not recoverable under applicable law 18. Some or all of thle injuries claimed by plaintiff preexisted the motor vehicle accident. 19. Plaintiffs claims! may be barred in whole or in part by the applicable doctrines of res judicata and/or collateral estoppel. 20. Plaintiff s claims) may be barred in whole or in part by the applicable provisions of the Pennsylvania Financial Responsibility Law. 21. At the time of the accident, plaintiff failed to maintain financial responsibility on an owned motor vehicle and thus plaintiffs claims for noneconomic damages are barred by the applicable provisions of the Pennsylvania Financial Responsibility Law. 22. At the time of the accident, plaintiff was the owner of an insured motor vehicle and selected the limitted tort option and thus plaintiffs claims for noneconomic damages are barred by the limited tort provisions of the Pennsylvania financial responsibility law. 23. Plaintiffs claims are barred in whole or in part by the doctrine of comparative negligence. 24. Plaintiffs claims are barred in whole or in part by the doctrine of release and satisfaction. WHEREFORE, DEFENDANTS DEMAND THAT PLAINTIFF'S COMPLAINT BE DISMISSED WILLIAM J. FERREN & ASSOCIATES By: r YAUDS-M. Gartn , Esquire Attorney for Def ndants Maurice Baker and Rite Aid Corporation `r VERIFICATION I, Maurice Baker, the within-named Defendant, and that I am authorized to take this Verification on my behalf, and that I have reviewed the foregoing Answer with New Matter to Plaintiffs' Complaint and that the facts contained therein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. MA AKER Dated: ?&Y?6 Laughlin v. Rite Aid Corporation CERTIFICATE OF SERVICE I, FRANCIS R. GARTrNER, ESQUIRE, attorney for Defendants, hereby certify that a true and correct copy of Defendants' Answer with New Matter to Plaintiffs' Complaint was served upon the following, by way of regular first class mail, postage prepaid on J113 A q . Andrew H. Dowling, Esquire Mettte, Evans & Woodside 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 WILLIAM J. FERREN & ASSOCIATES B CIS "TNGARTIER, ESQUIRE ?} ` / ?7 / ? ?l ? ? ? y .. ? , .. ' ? f , Vq' YY 3 ?' ? ?P ? ? , r 7 . - M .,? L] M Ronald T. Tomasko, Esquire Attorney I.D. No. 61190 Sean M. Concannon, Esquire Attorney I.D. No. 205998 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 - Phone (717) 533-2795- Fax rtt@jsdc.com HARRY LAUGHLIN, II., Plaintiff V. MAURICE BAKER and RITE AID CORPORATION, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5040 : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearances of Ronald T. Tomasko, Esquire, and Sean M. Concannon, Esquire of the law firm of James, Smith, Dietterick & Connelly, LLP, P.O. Box 650, Hershey, PA 17033, as counsel for the Plaintiff, Harry Laughlin, H. Very truly yours, can M. Concannon, Esquire James, Smith, Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 w 1.. • w : IN THE COURT OF COMMON PLEAS OF HARRY LAUGHLIN, II., CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 08-5040 V. CIVIL ACTION - LAW MAURICE BAKER and RITE AID CORPORATION, JURY TRIAL DEMANDED Defendants PROOF OF SERVICE I hereby certify that a true and correct copy of the foregoing Entry of Appearance on behalf of Plaintiff, HARRY LAUGHLIN, II, was served on April 23, 2009 via United States first class mail, postage pre-paid, addressed as follows: Francis R. Gartner, Esquire Law Offices of William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 fp-artnera,travelers.com Andrew H. Dowling, Esquire Mette, Evans & Woodside 3401 N. Front St. P.O. Box 5950 Harrisburg, PA 17110 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: April 23, 2009 By: 15:4? 1 an M. Concannon, Esquire 40 Fi ED- i 2GO9 APR 27 F ± "C; GLh1 ,. {,r k r_ L'Vi 1b` , Ronald T. Tomasko, Esquire Attorney I.D. No. 61190 Sean M. Concannon, Esquire Attorney I.D. No. 205998 JAMES, SMITH, DIETTERICK & CONNELLY P.O. Box 650 Hershey, PA 17033 rtt@.jsdc.com Attorneys for Plaintiff, Harry B. Laughlin, II F11-11 1010 j' :'- 13 (' ? CUM pit: HARRY B. LAUGHLIN, II, IN THE COURT OF COMMON Plaintiff, PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MAURICE BAKER and RITE AID CORPORATION, NO. 08-5040 Defendants. PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT ON LIABILITY AND CAUSATION AND NOW comes Plaintiff, Harry B. Laughlin, II (hereinafter "Mr. Laughlin"), by and through his attorneys, James, Smith, Dietterick & Connelly, LLP, to file the within Motion for Partial Summary Judgment on Liability and Causation under the Complaint on the issue of negligence against Defendants, Maurice Baker (hereinafter "Mr. Baker") and Rite Aid Corporation (hereinafter "Rite Aid"). In support of this motion the Plaintiff avers the following: 1. PRELIMINARY STATEMENT This action involves a motor vehicle accident which occurred on October 31, 2006, at or near the 3800 block of Trindle Road, Hampden Township, Cumberland County, Pennsylvania. Mr. Laughlin is alleging serious and permanent injuries as a result of the accident. II. PLEADINGS 2. Mr. Laughlin commenced the above-captioned action by the filing of a Complaint on August 21, 2008. A copy of the verified Complaint is attached hereto as Exhibit "A". In the Complaint, Mr. Laughlin alleges the Mr. Baker was negligent in the operation of a vehicle owned by his employer, Rite Aid Corporation. 3. The parties to this action executed a Stipulation/Agreement Among the Parties on September 08, 2008. A copy of the Stipulation/Agreement Among the Parties is attached hereto as Exhibit "B". 4. All relevant pleadings are closed in this action. Discovery has been conducted in both written form and through the use of deposition testimony. Discovery on the issue of liability and causation has been completed. III. PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO LIABILITY AGAINST DEFENDANT, MAURICE BAKER 6. Pursuant to Pa. R.C.P. 1035.2, Mr. Laughlin seeks the grant of partial summary judgment on the issue of liability under the Complaint for negligence against Mr. Baker and Rite Aid based upon the deposition testimony of Mr. Baker; the Stipulation/Agreement Among the Parties; and the Notification of Accident Investigation Report from the Hampden Township Police Department, submitted herewith and attached hereto as Exhibit "C," which show that there is no genuine issue of any material fact of the question of Mr. Baker's and Rite Aid's liability for negligence. Evidence of Defendants' liability has been established through discovery and there are no facts of record that a jury could use to determine liability, comparative or otherwise, against Mr. Laughlin. Therefore, respectfully, it is now offered that Mr. Laughlin is entitled to partial summary judgment on the issue of liability. 7. Pa. R.C.P. 1035.2 allows for the grant of summary judgment and provides, in pertinent part, the following: Rule 1035.2 Motion After the relevant pleadings are closed,... any party may move for summary judgment in whole or in part as a matter of law. (1) Whenever there is no genuine issue of any material fact as to a necessary element of the cause of action ...which could be established by additional discovery or expert report, or (2) If, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury would require the issues to be submitted to a jury. 8. The elements of a cause of action for negligence such as Mr. Laughlin alleges in the Complaint are as follows: the Defendant owed a duty to Plaintiff, the Defendant breached that duty, a causal relationship between the breach and the resulting injury suffered by Plaintiff, and actual loss or injury suffered by Plaintiff. See, Reeves v. Middletown Athletic Assn., 866 A.2d 1115 (Pa. Super. 2004). 9. Plaintiff is moving for summary judgment as to liability; therefore Plaintiff must show that Defendant, Mr. Baker, had a duty to Plaintiff and breached that duty. 10. It is a basic legal principle that a person must exercise ordinary care to avoid injury when he undertakes to drive a motor vehicle upon a public highway of the Commonwealth. See, Adley Express Co. v. Willard, 93 A.2d 676 (Pa. 1953); Schu v. Pittsburgh, 19 A.2d 409 (Pa. 1941); Lebesco v. Southeastern Pennsylvania Transp. Authority, 380 A.2d 848 (Pa. Super. 1977). 11. The assured clear distance rule, which requires a motorist to be capable of stopping within the distance that he can clearly see, has long been recognized by the Pennsylvania Supreme Court. Springer v. Luptowski, 535 Pa. 332, 337 (Pa. 1993); Haines v. Dulaney, 424 Pa. 608, 227 A.2d 625 (1967); Metro v. Long Transportation Co., 387 Pa. 354, 359-61, 127 A.2d 716, 719-20 (1956); Weibel v. Ferguson, 342 Pa. 113, 118-19, 19 A.2d 357, 360 (1941); Hutchinson v. Follmer Trucking Co., 333 Pa. 424, 427-28, 5 A.2d 182, 183-84 (1939); Gaber v. Weinberg, 324 Pa. 385,188 A. 187 (1936). 12. The Pennsylvania Vehicle Code clearly provides, in 75 Pa.C.S. § 3361, that motorists must drive at speeds slow enough to allow their vehicles to be brought to a safe stop within the assured clear distance ahead. Springer v. Luptowski, 535 Pa. 332, 337 (Pa. 1993). 13. In addition, the Pennsylvania Supreme Court has repeatedly held that, where a violation of the assured clear distance rule has been clearly established by the evidence, the violation can be deemed negligence as a matter of law. Id. at 338; Haines v. Dulaney, 424 Pa. at 611, 227 A.2d at 626-27; Metro v. Long Transportation Co., 387 Pa. at 360-61, 127 A.2d at 720. 14. As shown below, there is no genuine issue of material fact that Mr. Baker had a duty to exercise ordinary care to avoid injury when he undertook to drive his vehicle upon a public highway, and a duty to maintain a distance within which he could clearly see Mr. Laughlin's motor vehicle so as to be capable of stopping, and that he breached his duty on October 31, 2006, when his vehicle collided with Mr. Lauglin's automobile. IV. UNDISPUTED FACTS THAT SUPPORT PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANT, MAURICE BAKER, AS TO LIABILITY FOR NEGLIGENCE 15. The following facts are undisputed from the testimony contained in the Deposition Transcript of Maurice Baker (See Exhibit "D" attached hereto), and are legally sufficient to establish liability against Mr. Baker under the negligence cause of action: (a) The accident at issue occurred on October 31, 2006 at approximately 5:30 p.m. (See Exhibit "D," pages 7, 9). (b) At the above-mentioned date and time, Mr. Baker was driving a Rite Aid owned motor vehicle on Trindle Road (See Exhibit "D," page 8). (c) At the above-mentioned date and time, Mr. Baker was driving westbound when he struck Mr. Laughlin's stopped vehicle which was situated in the same westbound lane of travel that Mr. Baker was driving on (See Exhibit "D," pages 8, 20). (d) Because Mr. Baker was driving a motor vehicle on a public highway of the Commonwealth, he had a duty to exercise ordinary care to avoid injury. (e) Mr. Baker breached that duty when he negligently, recklessly and carelessly failed to maintain a clear distance from Mr. Laughlin's vehicle such that Mr. Baker could be capable of stopping within the distance that he could clearly see. 16. The following facts are undisputed from the Notification of Accident Investigation Report from the Hampden Township Police Department, and are legally sufficient to establish liability against Mr. Baker under the negligence cause of action: (a) The accident at issue occurred on October 31, 2006 at approximately 5:30 p.m. (See Exhibit "C") (b) Unit 1 is identified as driven by Maurice Baker and Unit 2 is identified as driven by Harry Laughlin. (See Exhibit "C") (c) Unit 1 is identified as a 2002 Ford WIN with Pennsylvania license number FWB4951. (See Exhibit "C"). (d) Unit 2 is identified as a 1999 Mercedes-Benz SLK with Pennsylvania license number HBL. (See Exhibit "C"). 17. Therefore, Harry Laughlin's motion for summary judgment on the issue of liability of Defendant, Mr. Baker for negligence under the Complaint should be granted. V. PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO LIABILITY AGAINST DEFENDANT. RITE AID 18. To prevent an injured plaintiff from being uncompensated, vicarious liability permits recovery from a principal for the negligence of his agent. Milton S. Hershey Med. Ctr. v. Pa. Med. Profl Liab. Catastrophe Loss Fund, 573 Pa. 74, 85 (Pa. 2003). 19. "The rules of vicarious liability respond to a specific need in the law of torts: how to fully compensate an injury caused by the act of a single tortfeasor. Upon a showing of agency, vicarious liability increases the likelihood that an injury will be compensated, by providing two funds from which a plaintiff may recover. If the ultimately responsible agent is unavailable or lacks the ability to pay, the innocent victim has recourse against the principal." Id. at 85-86. 20. The doctrine of vicarious liability allows an injured party to impute to a principal the tortious conduct of an agent, Aiello v. Ed Saxe Real Estate, Inc., 508 Pa. 553, 559, 499 A.2d 282 (1985), even though the principal did not commit the act causing the injury. The theory justifying this liability is that between two innocent parties, the risk of injury lies more appropriately with the one who sponsors and benefits from the actions of the actual tortfeasor, rather than with the one injured by those actions. See Aiello v. Ed Saxe Real Estate, Inc., supra. The vicarious nature of a principal's liability "does not mean that the master in such case is only secondarily liable. He is made primarily liable and the injured party may sue either (principal or agent) as he elects," Mamalis v. Atlas Van Lines, Inc., 364 Pa. Super. 360, 364 (Pa. Super. 1987); Betcher v. McChesney, 255 Pa. 394, 396, 100 A. 124 (1917). 21. In Pennsylvania, an employer is responsible for tortious misconduct by an employee that causes harm to a third party, so long as the employee's misconduct occurred in the course of and within the scope of his employment. Costa v. Roxborough Mem7 Hosp., 708 A.2d 490, 493 (Pa. Super. 1998). The conduct of an employee is considered within the scope of employment for purposes of vicarious liability if: (1) it is of a kind and nature that the employee is employed to perform; (2) it occurs substantially within the authorized time and space limits; (3) it is actuated, at least in part, by a purpose to serve the employer; and (4) if force is intentionally used by the employee against another, the use of force is not unexpected by the employer. Id. VI. UNDISPUTED FACTS THAT SUPPORT PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANT, RITE AID, AS TO LIABILITY FOR NEGLIGENCE 22. The following facts are undisputed from the testimony contained in the Deposition Transcript of Maurice Baker (See Exhibit "D" attached hereto), and are legally sufficient to establish liability against Rite Aid under the doctrine of vicarious liability for the negligent conduct of its employee, Mr. Baker: (a) The accident at issue occurred on October 31, 2006 at approximately 5:30 p.m. (See Exhibit "D," pages 7, 9). (b) At the above-mentioned date and time, Mr. Baker was employed as the Regional Transportation Manager with Rite Aid Corporation (See Exhibit "D", page 5). (c) At the above-mentioned date and time, Mr. Baker was driving a Rite Aid owned motor vehicle on Trindle Road (See Exhibit "D," page 8). (d) At the above-mentioned date and time, Mr. Baker was on his way home from work and made no stops before the collision with Mr. Laughlin (See Exhibit "D", pages 10, 30). (e) Pursuant to the Stipulation/Agreement entered into by the parties, Mr. Baker was acting in the course of and within the scope of his employment when he struck Mr. Laughlin's vehicle. (See Exhibit «B») 23. The following facts are undisputed from the Stipulation/Agreement Among the Parties, and are legally sufficient to establish liability against Rite Aid under the doctrine of vicarious liability for the negligent conduct of its employee, Mr. Baker: (a) The Defendants admit to paragraph 7 of the Complaint which states, "At the aforesaid mentioned time and place, Defendant Maurice Baker was operating a vehicle owned by Defendant Rite Aid Corporation." (b) The Defendants admit to paragraph 8 of the Complaint which states, "At the aforesaid time and place, Defendant Maurice Baker was an employee, agent and/or servant of Defendant Rite Aid Corporation and was acting within the scope of his employment." 24. Therefore, based upon the legal precept vicarious liability and the admissions of Defendants cited above, Mr. Laughlin's motion for partial summary judgment on the issue of liability of Defendant, Rite Aid for negligence should be granted. VII. PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO CAUSATION AGAINST THE DEFENDANTS 25. Pursuant to Pa. R.C.P. 1035.2, Mr. Laughlin seeks the grant of partial summary judgment on the issues of actual and proximate cause against Mr. Baker and Rite Aid, based upon the medical diagnoses of the parties' medical expert reports. Specifically, as discussed in greater detail below, the issues of actual and proximate cause are proved by the reports of Michael F. Lupinacci, M.D., Liana Laza, M.D., Christopher Royer, Psy.D., Vincent R. Avallone, Jr., D.O., and Todd L. Samuels, M.D. (See Exhibits "B," "F," "G," "H," and "l," respectively, attached hereto) which show that there is no genuine issue of any material fact that the accident at issue was the actual and proximate cause of Mr. Laughlin's injuries and damages. 26. To satisfy the requirement of causation, the complainant must demonstrate that the breach was both the proximate cause and the actual cause of his injury. Reilly v. Tiergarten, Inc., 633 A.2d 208, 210 (Pa. Super. 1993). 27. Proximate causation is defined as a wrongful act which was a substantial factor in bringing about the plaintiffs harm. Lux v. Gerald E. Ort Trucking, Inc., 887 A.2d 1281, 1286 (Pa. Super. 2005); Dudley v. USX Corp., 606 A.2d 916, 923 (Pa. Super. 1992). 28. Proximate cause is a question of law, to be determined by the judge, and it must be established before the question of actual cause may be put to the jury. Reilly, 633 A.2d at 210. 29. "A determination of legal causation, essentially regards whether the negligence, if any, was so remote that as a matter of law, the actor cannot be held legally responsible for the harm which subsequently, occurred. Therefore, the court must determine whether the injury would have been foreseen by an ordinary person as the natural and probable outcome of the act complained of." Id.; Novak v. Jeannette Dist. Mem. Hosp,600 A.2d 616, 618 (Pa. Super. 1991). 30. The substantial factor test for determining whether a party's negligence was the proximate or legal cause of another's injury provides that the actor's negligent conduct is a legal cause of harm to another if. (1) his conduct is a substantial factor in bringing about the harm, and (2) there is no rule of law relieving the actor from liability because of the manner in which his negligence has resulted in harm. Lux, 887 A.2d at 1287. 31. "The following considerations are in themselves, or in combination with one another, important in determining whether the actor's conduct is a substantial factor in bringing about harm to another: (1) the number of other factors which contribute in producing the harm and the extent of the effect which they have in producing it; (2) whether the actor's conduct has created a force or series of forces which are in continuous and active operation up to the time of the harm, or has created a situation harmless unless acted upon by other forces for which the actor is not responsible; and (3) lapse of time." Id. IIX. UNDISPUTED FACTS THAT SUPPORT PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANTS AS TO CAUSATION OF DAMAGES 32. The following facts are undisputed from the report transmitted by Michael F. Lupinacci, M.D. (hereinafter "Dr. Lupinacci") on February 4, 2009 and are legally sufficient to establish liability against Defendants for causation of Mr. Laughlin's injuries and damages: (a) Mr. Laughlin has been a patient in Dr. Lupinacci's practice since December 16, 2004. (See Exhibit "E," page 1). (b) On November 20, 2006, Mr. Laughlin was seen by Dr. Lupinacci for the injuries he sustained in the accident with Defendants. (See Exhibit "E," page 1). (c) At the above-mentioned date, Mr. Laughlin suffered from headaches; blurry vision; low back pain; neck pain; paresthesia in the dorsum of his left foot; discomfort on palpation of the cervical spine; negative tenderness to palpation of the lumbar spine; limited range with left lateral bending and rotation; limited range of motion for neck extension; tenderness to palpation of his trapezius, stemocleidomastoid muscles; pain shooting down his arm; and decreased sensation in the dorsum of the left foot along the first and second metacarpal bones. (See Exhibit "E," page 1). (d) On November 22, 2006, Mr. Laughlin was seen again by Dr. Lupinacci. (See Exhibit "E," page 1). (e) At the above mentioned date, Mr. Laughlin continued to suffer radicular pain in his left shoulder, numbness in his neck, neck pain, low back pain, and numbness in his left foot. (See Exhibit "E," page 1). (f) Prior to the motor vehicle accident with Defendants, Mr. Laughlin's prior lower back pain had been resolved. (See Exhibit "B," page 2). (g) Mr. Laughlin had numerous appointments with Dr. Lupanacci the following years where he received cervical steroid injections and treatment for his neck and shoulder. (See Exhibit "E," page 2) (h) Upon close review of Mr. Laughlin's medical records, it is Dr. Lupanacci's opinion, within a reasonable degree of medical certainty, that the October 31, 2006 accident between Mr. Laughlin and the Defendants caused a new injury to his lumbar spine. (See Exhibit "E," page 3). (i) While Mr. Laughlin did have a history of cervical neck pain prior to the October 31, 2006 accident, according to Dr. Lupanacci his symptoms "significantly escalated" following the accident with the Defendants and have not returned to their pre-October 31, 2006 baseline level. (See Exhibit "E," page 3). 0) In Dr. Lupanacci's opinion, while Mr. Laughlin had left shoulder pain prior to his October 31, 2006 accident, his symptoms "significantly escalated" and the treatment needs "significantly escalated" following the accident with the Defendants. His symptoms have not yet returned to the pre-October 31, 2006 baseline level. (See Exhibit "E," page 3). (k) In Dr. Lupanacci's opinion, it remains a "strong possibility" that Mr. Laughlin's cervical spine and left shoulder will require surgical repair in the future. (See Exhibit "E," page 3). 33. The following facts are undisputed from the report transmitted by Liana Laza, M.D. (hereinafter "Dr. Laza") on September 9, 2009 and are legally sufficient to establish liability against Defendants for causation of Mr. Laughlin's injuries and damages: (a) Following the accident on October 31, 2006, Mr. Laughlin suffered from worsening headaches, dizziness, nausea, blurry vision, memory loss, difficulty in retaining information, depression, and anxiety. (See Exhibit "F") (b) In Dr. Laza's opinion, following the accident on October 31, 2006, Mr. Laughlin's back and neck pain got "significantly worse," as did his left shoulder pain. (See Exhibit "F") (c) In Dr. Laza's opinion, since the accident on October 31, 2006, Mr. Laughlin's intractable headaches have gotten "more severe." (See Exhibit "F"). 34. The following facts are undisputed from the report transmitted by Christopher Royer, M.D. (hereinafter "Dr. Royer") on February 25, 2010 and are legally sufficient to establish liability against Defendants for causation of Mr. Laughlin's injuries and damages: (a) Prior to the accident on October 31, 2006, Dr. Royer and Mr. Laughlin discussed the possibility that Mr. Laughlin would be physically able to obtain employment. (See Exhibit "G") (b) Following the accident on October 31, 2006, Mr. Laughlin has not been able to pursue his goal of attaining employment. (See Exhibit «G„ (c) In Dr. Royer's opinion, as a result of the October 31, 2006 accident, Mr. Laughlin has suffered new injuries and has experienced a significant exacerbation of previous symptoms. (See Exhibit "G"). 35. In addition, the Defendants' medical expert witness, Dr. Vincent R. Avallone, Jr., D.O. (hereinafter "Dr. Avallone"), offered an opinion that acknowledges causation is not contested here. The following facts are undisputed from the report transmitted by Dr. Avallone on February 25, 2010: (a) Following the accident on October 31, 2006, Mr. Laughlin had an aggravation of preexisting cervical disk disease and mild left cervical radiculitis, as well an exacerbation of mild lumbar disk disease. (See Exhibit "H," page 3). 36. Finally, the Defendants' medical expert and IME practitioner, Todd L. Samuels, M.D. (hereinafter "Dr. Samuels"), offered his opinion that acknowledges causation is not disputed. The following facts are undisputed from the report transmitted by Dr. Samuels on July 29, 2009 and are legally sufficient to establish liability against Defendants for causation of Mr. Laughlin's injuries and damages: (a) On July 29, 2009, Dr. Samuels performed an Independent Medical Evaluation on Mr. Laughlin. (See Exhibit "I," page 1). (b) On the above date, Mr. Laughlin suffered from a decreased range of motion of his spine in all directions, pain to palpation over the paracervical and trapezius muscles, pain to the lumbar paraspinal muscles bilaterally, left shoulder impingement, neck pain, bilateral shoulder pain, low back pain and right lower extremity radicular pain. (See Exhibit "I," page 2). (c) In Dr. Samuel's opinion, Mr. Laughlin's neck pain, bilateral shoulder pain on the left, low back pain and right lower extremity radicular pain were all related to the October 31, 2006 accident. While the symptoms were present prior to the accident, they became "significantly worse" as a direct result of the accident with Defendants. (See Exhibit "I," page 2). 37. In summary, all of the medical experts, including those of the Defendants' selection, have offered their expert medical opinion that demonstrate that Mr. Laughlin was, in fact, injured in the motor vehicle accident on October 31, 2006. The extent of the damages endured by Mr. Laughlin in that motor vehicle accident is, it is respectfully offered, the remaining matter for trial. WHEREFORE, Plaintiff, Harry B. Laughlin, II, respectfully requests that this Honorable Court enter an Order granting Plaintiff s partial summary judgment motion on the issues of liability for negligence and causation of damages against Defendants under the Complaint, together with such other and further relief this Court deems proper. Respectfully Date: July a-, 2010 James, S h ietterick Conne y By: ;Qt ? Ronald T. Tomasko, Esquire Attorney I.D.No. 61190 Sean M. Concannon, Esquire Attorney I.D.No. 205998 P.O. Box 650 Hershey, PA 17033 (717) 533 -3280 (717) 533 - 2795 (fax) rtt@jsdc.com J Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - telephone (717-236-1816 - facsimile ahdowling@mette.com Attorneys for Plaintiff HARRY LAUGHLIN, II., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 61 C E ? MAURICE BAKER and RITE AID CIVIL ACTION - LAW CORPORATION, Defendants JURY TRIAL DEMANDED 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(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 M Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - telephone (717-236-1816 - facsimile ahdowling@mette.com Attorneys for Plaintiff HARRY LAUGHLIN, II., Plaintiff V. MAURICE BAKER and RITE AID CORPORATION, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Harry Laughlin, II, by and through his attorneys, Mette, Evans & Woodside, and files this Complaint against the Defendants and in support thereof avers as follows: 1. Plaintiff Harry Laughlin, II is an adult individual residing at 1465 Hillcrest Court, Unit 602, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant Maurice Baker is an adult individual residing at 395 Silver Spring Road, Mechanicsburg, Cumberland County, PA 17055. Defendant Rite Aid Corporation is a Pennsylvania Corporation with a principal office address of 30 Hunter Lane, Camp Hill, Cumberland County, PA 17110 4. The accident hereinafter related occurred on October 31, 2006 at approximately 5:30 p.m. at the 3800 block of Trindle Road, Hampden Township, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, Plaintiff Harry Laughlin, II was operating a 2003, BMW Z4 sedan westbound on Trindle Road, Hampden Township, Cumberland County, Pennsylvania. 6. At the aforesaid time and place, Defendant Maurice Baker was operating a 2002 Ford van traveling westbound on Trindle Road, Hampden Township, Cumberland County, Pennsylvania. At the aforesaid time and place, Defendant Maurice Baker was operating a vehicle owned by Defendant Rite Aid Corporation. At the aforesaid time and place, Defendant Maurice Baker was an employee, agent and/or servant of Defendant Rite Aid Corporation and was acting within the scope of his employment. 9. At the aforesaid mentioned time and place, Defendant, Maurice Baker was traveling at a high rate of speed and failed to timely notice Plaintiff's stopped vehicle and violently crashed into the rear of the vehicle operated by Plaintiff. 10. As a direct result of the aforementioned accident, the Plaintiff suffered serious and permanent injuries as hereinafter related. HARRY LAUGHLIN II V. MAURICE BAKER AND RITE AID CORPORATION 11. Paragraphs 1 - 10 are incorporated herein by reference. 12. The negligence, carelessness and/or recklessness of the Defendants consisted of the following: a. operating a vehicle too fast for conditions; b. failing to stop within the assured clear distance; C. failing to keep alert and maintain a proper lookout for changes in road conditions and traffic; and d. not having his vehicle under control I I Defendant Rite Aid Corporation breached its duty to Plaintiff by permitting Defendant Maurice Baker to operate said vehicle in an unsafe, careless, reckless and negligent manner as set forth in Paragraph 12 of the Complaint. 14. As a direct result of Defendants' negligence, carelessness and/or recklessness, Plaintiff Harry Laughlin, II suffered the following injuries, damages and aggravation of pre- existing conditions including: a. neck pain with spinal stenosis, bilateral extremity radicular symptoms b. low back pain c. headaches d. left shoulder pain e. left foot pain and numbness f. blurred and double vision g. past medical bills; h. future medical bills; past and future pain and suffering; j. past and future loss of life's enjoyment; k. embarrassment; and 1. loss of future wages and earning capacity. 15. As a direct result of these injuries, Plaintiff, Harry Laughlin, II underwent a variety of medical treatment, including emergency room treatment, steroid injections, physical therapy, diagnostic studies, use of a cervical collar, and the taking of prescription and over the counter medications for pain and inflammation. 16. As a direct result of the negligence, carelessness and/or recklessness, Plaintiff Harry Laughlin, II suffered serious and permanent injuries and damages as set forth above. WHEREFORE, Plaintiff Harry Laughlin, II demands iudgment in his favor and against Defendants in an amount in excess of $50,000, plus costs, interest and such other and further relief as the Court deems just and appropriate. Respectfully submitted, METTE, EVANS & WOODSIDE By: Andrew H. Dowling, Esquire Sup. Ct. I.D. No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Date: Attorneys for Plaintiff Harry Laughlin, II VERIFICATION I, HARRY LAUGHLIN, II, have read the foregoing document and verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. a DATED: '=? v b -7«-' .1L HARR LAUGHLIN, II 500229v1 10/20/2008 08:46 412-281-2427 TRAVELERS PAGE 02/03 HARRY LAUGHLIN, IL, Plaintiff V. MAURICE BAKER and RITE AID CORPORATION, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL, ACTION - LAW JURY TRIAL DEMANDED STIPULATION/AGREEMENT AMONG THE PARTIES Attached hereto as Exhibit "A" is a copy of the Complaint fled August 21, 2008. The Defendants Ab1V>[TI' paragraph 7 and 8 of the Complaint. Plaintiff has agreed to give the Defendants an indefinite extension in which to answer the Complaint. The Defendants are not required to ,answer. the Complaint until thirty (30) days after Plaintiff's attorney provides them written notice that the agreement on the indefinite extension has been withdrawn.. METTE, EVANS & WOODSIDE By: drew H. Dowling, Esquire Sup. Ct.1.D, No. 39692 3401 North Front Street P. O. Box 5950 Harrisburg, PA, 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Date: Attorneys for Plaintiff Harry Laughlin, 11 10/20/2008 08:46 412-281-2427 TRAVELERS PAGE 03/03 Maurice Baker Date: Authorized Individual on Behalf of Maurice Baker, Defendant RITE AID CORPORATION Date: r c Aut orized Individual one Behalf of Rite Aid COrPoration, Defendant 501385VI Print CRS W0046283 COMMONWEALTH OF PEMNSYLV ANNA POLICE CRASH REPORTING FORM Case Closed Reportable Crash AA 500 1 Q Yes Q No Q Yes Q No 1 S Pa ge 1111111111111111 LL_J W0046283 Page 1 of 7 Crash Number Incident Number Police Agency Patrol Zone HAM20061100262 21103 SE I Agency Name Precinct Investigation Date (MM-DD-YYYY) Hampden Township 10 2006 M Dispatch Time (mil) Arrival Time (mil) investigator Badge Number 2 1730 1745 PTLMN MARY HOLLEY 1920 1 Reviewer Badge Number Approval Date (MM-DD-YYYY) SGT SHAUN A. FELTY 19-2 l 1 09 2006 County Name Municipality Municipality Name County Day of !Meek 21 Cumberland ] 03 Hampden Township O Sun O Thu C n Crash Date (MM-DD-YYYY) Crash Time ('mil) No of Units People Injured Killed* *If > 00 complete mlete ]0 31 - 2006 1730 Q Mon Q Fri O Tue Q Sat For r Q Wed Q Unk Workzone (If Yes, Complete Yes Q No Form M, Section 29) School Bus Yes Q No Related School Zone Yes Related O 0 No No4ify 'DOT Maintenance O Yes Q No IL A j Intersection Tvoe Q q Way Intersection Q "Y" Intersection O Multi-Leg Q Midbiock Q Off Ramp Q Railroad Crossing eri l 00 Q "T" Intersection 0 Traffic Circle/ Intersection Round About O On Ramp Q Crossover Q Other > fee ®verria Route Number Segment (Optional) Travel Lanes Speed Limit O North House Number (it applicable) ? e 10000 02 40 2 O South 3800 I Street Name Street Ending c 0 East For Mid-block crashes only. Use 15 u d TRINDLE RD o O West ` 0 Unknown Postal House Number and make sure I Principal Roadway Street Name is C filled in if using this option ~ Interstate Turnpike Turnpike State County Local Road Private Other! O (Not Turnpike) 0 (East/West) Spur O Highway Q Road O or Street O Road O Unknown z Route Number Segment (Optional) Travel Lanes Speed Limit O North b 2 O South F u SYreBt "Jame Street Ending 2 East " O - West m O N Q Unknown Rout O interstate Q Turnpike O Turnpike Q State O County O Local Road O Private O Other/ (Not Turnpike) (East/VVesU Spur Highway Road or Street Road Unknown Intersecting Rt Num Or Mile Post Or Segment Marker n _ p Q North Feet i m w O South 0 ? i Or Intersect n Street Name 54 Ending u Please g Q East z Or Miles Enter O m Information a West ® " f°r BOTh t e a Landmarks Intersecting Rt Mum Or Mile Post Or Segment Marker 'g it Using ^1 c Distance From Crash This Option m ? p O North Scene to Landmark 1 Cl South w o Ic Or Intersecting Street Name (For crash between h St Ending O East Landmark 1 and O West Landmark 2) ?19 Degrees Minutes Seconds Degrees Latitude: Longitude: - = Traffic Control Device Police Officer or O Yield Sign O Minutes Seconds = := = J QR Functioning © ? Flagman O Not A liable O Traffic Si nal Active RR Crossin C:) PP 9 9 O Other Type TCD Emergency Q No Control Device Functioning Q Preemptive improperly N° Controls Flashing Traffic O Signal O Stop Sign O Passive RR O Unknown Crossing Controls Si?nal O Device Not O Device Functioning O Unknown Functioning Properly d ? 0 Lane CJ (if •Not Applicable ", skip rest of the lane Closure section) O Not Applicable Q Partially Q Fully Q Unknown Lane Closure Q North O East O North and South Q All X12 (N,S,E,W) Q South (=1 West O East and Wes+, e Traffic Yes O No Q Unknown Q 012 0 `• 30 Min. Q 30-60 Min. Q 1-3 hrs Q 3-6 hrs Q 6-9 hrs Q > 9 hours [] Unknown FORM N AA-500 (112112) PENNDOT COPY http://,Aww.dot6.state.pa.us/icons/PrintlmagesamlFiles/20061124671 GUTSHALL19502... 3/13/2008 (C®f?dfnfil®?'1?7?Q?VD? ®G C?lc `W' R'155?(0.@9ep,4`J? Bl?l POLICE CRASH REPORTRNG FORM Page: AA 500 2 Police use Omy I 'L2:7] ?M' Ya(e .1 of / III IINkIIIII111IAI111 <,,...._, 7 W0046283 e C Motor Vehicle in Q Q Hit & Run Vehicle Q Illegally Parked Q Legally Parked Non - Motorized Type Transport CD Commercial Vehicle I io a Unit Q Pedestrian Pedestrian on Skates, Disabled From Q in Wheelchair, etc Q Previous Crash Q Train Q Phantom Vehicle Q Yes Q No (If "Pedestrian" or "Pedestrian on Skates, in Wheelchair, etc", Complete Form M_, Section 28) (If Yes, Complete Form C) Unit No First Name MI Date of Birth (MM-DD-YYYY) 01 MAURICE 09 18 1 1936 . Delete? Last Name Tele hone Number Q BAKER Address /State Zi ? 395 SILVER SPRING RD MECHANICSBURG PA 17055 Driver License Number State Class o 09151486 PA 6 ? AlcohoVDruos Suspected Driver or Pedestrian Physical Condition t o Q No Q Illegal Drugs Q Medication Q Apparently Illegal Drug Normal Q Use Q Fatigue Q Medication Q Alcohol Q Alcohol and Drugs Q Unknown Had Been k Q Sic Q Asleep Q Unknown Drinking s Alcohol Test Type e ® Q Test Not Given Q Breath Q Other Primary Vehicle Code Violation Charged? e Q Blood Q Urine Q unknown if FAILURE TO MAINTAIN PROPE O Yes Q No a Test Given Alcohol Test Results Q Test Refused 0 Re uluwn Driver Presence 1=Driver Operated 3=Driver Fled Scene Q Test Given, Contaminated Results Vehicle 4=Hit and Run 2=No Driver 9=Unknown Owner/Driver 00=Not Applicable 02=Private Vehicle Not 04=State Police Vehicle 07=Municipal Police Veh 09=Federal Gov Veh 01=Private Vehicle Owned/ Owned/Leased by Driver 05=PENNDOT Vehicle 08=Other Municipal 96=0ther 02 Leased by Driver 03=Rented Vehicle 06=Other State Gov Veh Government Vehicle 99=Unknown I Same as owner First Name Owner Last Name or Business Name (If Pedestrian, skip this Section) I Driv er QJ UNDEFINED l ? I LGELCO CORP Address I City I State I Zip Vehicle Make Make Code 3 CAPITAL DR EDEN PRAIRIE PA 55344 Ford 12 VIN Model Year Vehicle Model (see overlay) 2FMZA5) 452BB55613 2002 WIN Li cense Plate Reg. State Est. Speed Vehicle Towed Towed By FWB4951 PA 040 O Yes Q No L insurance Insurance Company Policy No o o°. Q Yes Q No Q n' known ST PAUL TRAVELERS TC2JCAP120D8153T1 L06 k E o Tral(InQ ? Type ? 1=Towing Pass. Veh 4=Mobile/Modular Home 7=Semi-Trailer Tag No Tag Year Tag St T No, Unit of Unit 2=Towing Truck 5=Camper 8=Other 0 T ? a r railing 3=Towing Units' Utility Trailer 6=Full Trailer 9=Unknown Direction of F "Vehicle Position 01 °Movement "rave O1 *See O Special Usage v erlay Vehicle Color Vehicle Type 05=Large Truck 20=Unicycle, Bicycle 00 12=Commercial 06=Yellow 02 07=Silver , D1=Automobile 06=SUV Tricycle 07 02=Motor 07=Van 21 l Passenger 00=Not Applicable Carrier cyc e =Other Pecialcyde OB=Gold 01--Blue 09=Brown 03=Bus 1O=Snowmobile 22=Horse & Buggy 04=Small Truck 11=Farm E ui q p 23=Horse & Rider 01 =Fire Veh 13=Taxi Ol=Ambulance 21=Tractor Trailer 02=Red 10=Oranae j 03=White 11 P l (If "02", Complete Form 12=Construction Equip 24=Tram 03=Police 22=Twin Trailer 0 = urp e 04=G M, Section 26) 13=ATV 25=Trolle 6=Other Emergency 23=Triple Trailer reen 12=Other 05=Black 99=Unknown (If "ZO" or "21 ", Complete 16=Other Type Spec Veh 99=Other Form M, Section Z 19=Unk. Type Spec Veh 99=Unknown Vehicle 31 =Modified Veh 11 =Pupil Transport 99=Unknown Initial impact Point Damage Indicator Gradien+. 3=Downhill Poad AlionmeW 12 00=Non-Collision 14=Undercarriage 01-12=Clock Points 15=Towed Unit O=None 2=Functional 1=Minor 3=Disabling 4=Bottom of Hill 1=Level 5=Top of Hill 1=Straight 2=Curved 13=Top 99=Unknown 9=Unknown 2=Uphill 9=Unknown 9=Unknown I'tNNDOT DOPY http://www.dot6.state.pa.us/iconsTrintlma(yes,/XmIFiles/20061124671 GUTSHALL19502... 3/13/2008 Print CRS Vt/0046283 ?®frlfdRfJ®R7?ft9EQ?.4G? ®G ??R1i fnJS?SY?Q9?U`38G?1 POLICE CRASH REPORTING FORM Page: AA 500 2 Poke Use Only 37 W0046283 Pam Crash Number 7 Motor Vehicle in Type O Transport O Hit & Run Vehicle Q Illegally Parked Legally Parked Q Non -Motorized Commercial Vehicle o Unit Pedestrian on Skates, Disabled From Q Pedestrian O Train Q Phantom Vehicle O Q Yes Q No in Wheelchair, etc Previous Crash ' ' " (If Yes Complete Form C) (If Pedestrian or Pedestrian on Skates, in Wheelchair, etc", Complete Form M_,_ Section 28) , Unit No First Name MI Date of Birth (MM-DD-YYYY) 02 HARRY 7B OS 23 1963 Last Name Tele hone Number Delete? O LAUGHLIN Address State Zi .W °- 4 CREEKSIDE LN CAMP HILL PA 17011 Driver License Number State Class e pq ?? 119962388 Alcohol/Drugs 5uspected Driver or Pedestrian Physical Condition Q No Q Illegal Drugs Q Medication Apparently Illegal Drug O Normal O Use O Fatigue Q Medication O Alcohol O Alcohol and Drugs O Unknown Had Been Q Sick Q Asleep Q Unknown Dunking y Alcohol Test Type o O Test Not Given Q Breath O Other Primartr Vehicle Code Violation Char ed? 9 d Q Blood Q Urine O Unknown if NONE O Yes O No s Test Given y Alcohol Test Results O Test Refused Unknown O Results Driver Presence 1=Driver Operated 3=Driver Fled Scene D O Test Given, Vehicle 4=Hit and Run " Contaminated Results a 2=No Driver 9=Unknown Owner/Driver 00=Not Applicable 02=Private Vehicle Not 04=State Police Vehicle 07=Municipal Police Veh 09=Federal Gov Veh L 01=Private Vehicle Owned/ Owned/Leased by Driver 05=PENNDOT Vehicle 08=0ther Municipal 98=Other O l Leased by Driver 03=Rented Vehicle 06=Other State Gov Veh Government Vehicle 99=Unknown Same as owner First Name Owner Last Name or Business Name (If Pedestrian, skip this Section) 1 Driver r--) 1 HARRY B LAUGHLIN II Address / City / State I Zip Vehicle Make *Make Code 210 AVON DR CARLISLE PA 17013 Mercedes-Benz 42 VIN Model Year Vehicle Model (see overlay) WDBKK47FOXFl 17796 1999 SLK License Plate Reg. State Est. Speed Vehicle Towed Towed By HBL PA 000 Q Yes Q No Insurance Insurance Company Policy No Q Yes Q No O known STATE FARM 3900493DO 138ROOl -7 1 E `o C Trailincr TVPe 1=Towing Pass. Veh 4=Mobile/Modular Home 7=Semi-Trailer Tag No Tag Year Tag St Unit No. a Unit ? 2=Towing Truck 5=Camper B=Other e u Units g 3=Towing Utility Trailer 6=Full Trailer 9=Unknown Units: S Direction of *Vehicle Position Ol *Movement raves- 03 °See O l Special Usage ver ay Vehicle Color Vehicle Type 05=Large Truck 20=Unicycle, Bicycle, 00 12=Commercial 06=Yellow 07 07=Silver T 01=Automobile 06=SUV Tricycle 01 02 07=Van 21 M t l P O l h Passenger 00=Not Applicable Carrier = o orcyc e = t eda cycle er 01 Fi 08=Gold 03=Bus 10=Snowmobile 22=Horse & Buggy = re Veh 13=Taxi 01=Blue 09=Brown 04=Small Truck 11=Farm Equip 23=Horse & Rider 02=Ambulance 21=Tractor Trailer 02=Red 10=Orange (If "02", Complete Form 12=Construction Equip 24=Train 03=Police 22=Twin Trailer 03=White 1 i=Purple M, Section 26) 13=ATV 25=Trolley 08=Other Emergency 23=Triple Trailer 04=Green 12=Other 05=Black 99=Unknown (if 20" or 18=Other Tye Spec Veh 96=0ther Form M, Section coon 27) Complete 19=Unk Type Spec Veh 99=Unknown Form Vehicle 31 =Modified Veh 11=Pupil Transport 99=Unknown Initial Impact Point Damage Indicator Gradien4 3=Downhill Road Alignment 06 00=Non-Collision 14=Undercarriage 01-12=Clock Points 15=Towed Unit 0 G=None 2=Functional ? 1=Minor 3=Disabling 4=Bottom of Hill a 1=Level 5=To of Hill 1=Straight 2 C d 13=To 99=Unk 9=Unknown p 2=Uphill = urve p nown 9=Unknown 9=Unknown ORM M AA-500 (12/02) PENNDOT COPY http://urww.dot6.state.pa.us/icons/Printlmaaes/XmIFiles/20061124671 GUTSHALL19502... 3/13/2008 Print CRS W0046283 I COMMONWEALTH OF PENNSYLVANIA --1 POLICE CRASH RE-POR7BNG FORM AA 500 3 Police Use OnY Page 4 W0046283 Paze 4 of 7 Crash Number 7 00=None Used / Not Applicable 01=Shoulder Belt Used 02=Lap Belt Used 03=Lap And Shoulder Belt Used D4=Child Safety Seat Used 05=Motorcycle Helmet Used 06=Bic cle Helmet Used 10=Safety Belt Used improperly 11 =Child Safety Seat Used Improperly 12=Heimet Used improperly 90=11estraint Used, Type Unknown 99=Unknown A 1=Driver D 00=Not A Passenger/Occupant 2=Passenger O1=Driver -All Vehicles 7=Pedestrian 02=Front Seat Middle Position S=Other 03=Front Seat Right Side 9=Unknown 04=Second Row - Left Side Or Motorcycle Passenger 05=Second Row - Middle Position 06=Second Row - Right Side B F =Female 07=Third Row Or Greater - ® M =Mate U =Unknown Left Side 08=Third Row Or Greater - Middle Position E 09=Third Row Or Greater - o Right Side e fniun• Severity: 10=Sleeper Section of Truckcab e C O=Not injured 11=1n Other Enclosed 1=Killed Passenger Or Cargo Area e 2=Major Injury 12=1n Open Area e. 3=Moderate (Back Of Pickup, Etc.) Injury 13=Trailing Unit 4=Minor Injury 14=Riding On Vehicle Exterior B=Injury, Unk 15=Bus Passenger Severity 98=Other 9=Unknown if 99=Unknown Injury Safety Eguioment Two: F 00=None Used / Not Applicable 01 =Front Air Bag Deployed (For This Seat) 02=Side Air Bag Deployed (For This Seat) 03=Other Type Air Bag Deployed 04=Multiple Air Bags Deployed 05=Motorcycle Eye Protection 06=Bicyclist Wearing Elbow/Knee/Pads 10=Air Bag Not Deployed, Switch On 11 =Air Bag Not Deployed, Switch Off 12=Air Bag Not Deployed, Unk Switch Setting 13=Air Bag Removed (Prior To Crash) 19=Unknown If Air Bag Deployed 99=Unknown G 0=NO1 Applicable 1=Not Ejected 2=Total)y Ejected 3=Partially Ejected 9=Unknown H Ejection Path: D=Not Elected / Not Applicable 1=Through Side Door Opening 2=Through Side Window 3=Through Windshield 4=Through Back Door 5=Through Back Door Tailgate Opening 6=Through Roof Opening (Sunroof/ Convertible Top Down) 7=Through Roof Opening (Convertible Top Up) 9=Unknown Extrication: O=Not Applicable 1=Not Extricated 2=Extricated By Mechanical Means 3=Freed By Non - Mechanical Means B=Other 9=Unknown 11 EMS Agency: H.AMPDEN Medical Facility: HOLY SPIRIT Unit No Person No D Date of Birth (MM-DD-YYYY) A B C D E F G H ?-I-? O l 01 Oe7 09 - 18 - 1936 a [H] ? O 1 03 10 LJ10 1 I' 1 Name / Address / Phone EMS Transport o Same as Operator BAKER, MAURICE 395 SILVER SPRING RD MECHANICSBURG PA 170 Q Yes Q No Unlt No Person No Delete? Date of Birth (MM-DD-YYYY) A B C D E F G H i 963 I M 4 01 03 ]0 0 1 02 4l O OS -? 1 ??????El ?? Name ! Address ! Phone EMS Transport o Same as LAUGHLIN, HARRY B 4 CREEKSIDE LN CAMP HILL PA 17011 Operator Q Yes Q No Unit No Person No Delete? Date of Birth (MM-DD-YYYY) A B C D E F G H I D O C--) Cf-C?-I I F] 71:1 1000 Name / Address / Phone EMS Transport Ei Same as Q Yes Q No Operator Unit No Person No Delete? Date of Birth (MM-DD-YYYY) A B C D E F G H I O CR Q -F7 1"77 1(?C?D7 Pl?rnn / AAA- / Dk- 71 Same as Operator EMS Transport Q Yes Q No Unit No Person No Delete? Date of Birth (MM-DD-YYYY) A B C D E F G H I DO CD D-D ??C?00[?[:] CI? Name / Address / Phone EMS Transport Same as Q Yes Q No Operator Unit No Person No Date of Birth (MM-DD-YYYY) A B C D E F G H I Q Delete? Del-?- D???????? °me / Address / Phone Same as EMS Transport Operator CD Yes Q No FOAM M AA-500 (12/02) PENNDOT COPY http://wv",N1/.dot6.state.pa.us,/icons/Printlma2es/XmIFiles/20061124671 GUTSHALL19502... 311312008 Print CRS W0046283 COMMONWEALTH OG PENNSYLVANIA POUCE: CRASH REPORTING FORM Page AA 500 4 Police Use Only W0046283 PacTe Crash Number 7 tio h D i C O=Non-Collision 2=Head On F 4=Angle 6=Sideswipe 8=Hit Pedestrian n escr p ras 1=Rear End 3=Rear to Rear I ] 5=Sideswi (Opposite Direction) ga 9 h / k O c o (Backing) nown = t er Un lrection) 7=Hit Fixed Object (Same 0 m ? 1=0n Travel Lanes 3=Median E e Relation to Roadway id 4 R d 5=Outside Trafficway 7=Gore (Ramp Intersection) Lane 9=Unknown Pa 1 kin 6 = s e oa w 2=Shoulder 0 1=Daylight 3 Dark - Street s N Illumination a 2=Dark - No Lights n r g = 5=Dawn B=Other 6=Dark - Unknown « ? Street Lights 4=Dusk __Roadway Lighting b m = ? 1=No Adverse 3=Sleet s' Weather Conditions Conditions (Hall) 5=Fog 7=Sleet & Fog 9=Unknown B Oth R i & F 6 0 2=Rain 4=Snow = n og e = a r t7 _ _ Road Surface Conditions Q O=Dry 2=Sand, Mud, Dirt, q= Slush 6=Ice Patches B=Other Oil 7=W t r -Standing I 5 1=Wet 3=Snow Covered = ce ori oving Event L/R IUi0st7 Utility Pole Humber Harmful Events (Harm Event) 30=Hit Fence Or Wall 1 O 01 =Hit Unit 1 0 it Z Hit U 02 3 1 =Hit Building 32=Hit Culvert Unit No n = 03=Hit Unit 3 33=Hit Bridge Pier Or Abutment 2 CD OI ? 04=Hit Unit 4 05=Hit Unit 5 34=Hit Parapet End 35=Hit Bridge Rail i 06=HR Other Traffic Unit 36=Hit Boulder Or Obstacle Please Put Events in 3 ? 07=Hit Deer 08=Hit Other Animal On Roadway 37=Hit Impact Attenuator Sequential 09=Collision With Other Non Fixed Object 38=Hit Fire Hydrant 39=Hit Roadway Equipment 0 Order 4 11 =Struck By Unit 1 k B U i 2 40=Hit Mail Box 41=Hit Traffic Island 6 E 12=Struc y n t 13=Struck By Unit 3 42=Hit Snow Bank S Harm Event L/R IViostl Utility Pole Number 1514== Struck Struck By By Unit Unit 5 4 =il 43 Barr emporary Construction ? c 1 ] ] ? C 16=Struck By Other Traffic Unit Or Sh 21 Hit T bb r 48=Hit Other Fixed Object 49=Hit Unknown Fixed Object a ' Unit No = ree ru e y 22=Hit Embankment Over 50= u v QO 2 F7 23=Hit Utility Pole 24=Hit Traffic Si n Struck By Thrown St=Struck By Thrown Or Falling Object - g 25=Hit Guard Rail 52=Pot Holes Or Other Please Put 3 Eventr in 26=Hit Guard Rail End 27=Hit Curb Pavement irregularities 53= Sequential Order @ 0 28=Hit Concrete Or Longitudinal Barrier 29=Hit Ditch Fire in Vehicle 54=Fire n Vehicle 58=Other Non-Collision 99=Unknown Harmful Event First Unit No Harm Event Most Unit No Harm Event tion fD) 17=Careless or Illegal n armful armful 'vent in 0 ] 0? tvent rn 0 1 I ontributing Action Was Distracted Backing d Roadway 18=Driving On The Wrong f d tTie rash ttfr g Using Hand Held Phone 7 Side O Roa Roa Do wt repeat this intormaum w mduple pages g Using Hands Free Phone 19=Making improper h E T H Environmental Roadway 2 3 ng Illegal U-Turn 0)4=Making per/Careless Turning From Wron n Lane ntrance o ig way 20=Making Improper Exlt From Highwa Potential Factors (&7?) g g y OD=None 1 t =Slippery Road Conditions (ice/Snow) 07=Proceeding W/O Clearance After Stop 21=Careless Parking/Unparking 22=Over/Under 01 =Windy Conditions 12=Substance On Roadway 02=Sudden Weather Conditions 13=Potholes 08=Running Stop Sign 09=Running Red Lighl Compensation At Curve 23=Speeding 03=01her Weather Conditions 14=Broken Or Cracked Pavement 15 TCD Ob t d 10=Failure To Respond To ff 24=Driving Too Fast For Conditions struc e = 04=Deer In Roadway 05=Obstacle On Roadway 16=Soft Shoulder Or Shoulder Drop Off Other Tra ic Control Device 1 t=Tailgatingy 'S=Failure To Maintain Proper Speed 2-9=Driver Fleeing Police (Poi Chase) ra 06=Other Animal in Roadway 28=Dther Roadway Factor 07=Glare 29=Other Environmental Factor 12=Sudden Slowing/Stopping 13=Illegally Stopped On Road 27=Driver inexperienced 28=Failure To Use Specialized Equip c 08=Work Zone Related 99=Unknown 14=Careless Passing Or lane Chan e 92=Affected By Physical Condition m Possible Vehicle Failures (V) 12 =Wipers g 15=Passing In No Passingg Zone 98=Other Improper Driving Actions 99=Unknown E ° 13=Driver Seating/Control 00=None 06=Exhaust 01=Tires 07=Headlights 14=Body, Doors, Hood, Etc 16=Driving The Wrong WaY On 1-Way Street 02=Brake System 06=Signal Lights 15=Trailer Hitch 03=Steering System 09=Other Lights 16=Wheels Unit No Q ] 1 25 2 3 4 - rn 17=Airbags 10 H 04 i S a = on = o uspens 05=Power Train 11 =Mirrors IB=Trailer Overloaded , c c 19=Unsecure/Shifted Unit Trailer Load No Q ] 1 QQ 2 F71 20=Improper Towing Unit NO Q_ 9 QQ 2 3 4 Z1=Obstructed Windshield Unit 1 2 99=Unknown 0Q NO Pedestrian Action (P) 00=None 03=Working 04=Fushtn9 Vehicle 05=Approaching Or Leaving Vehicle 01=Entenna Or Crossing At Specified Location 06=Working On Vehicle Indicated Prime Factor Unit No Factor Code 02=Walking, Running, Jogging, 07=Standing 98=01her s Do not repeat this mlormution on multiple pages, O 1 .I 5 1 Or Playing 99=Unknown E I R V D P If EIR i th P i F Unit No Q ] QQ Unit No QZ QQ e r me actor s Type, leave Unit No blank FORM p AA-500 (17102) PENNIDOT COPY 7 http://xNrww.dot6.state.pa.us/icons/Printlma es/XmlFiles/20061124671 GUT SHALL 19502... 3/13/2008 Print CRS W0046283 Page 6 of COMMONWEALTH OF PENNSYLVANIA POLICE CRASH REPORTING FORM Page AA 500 5 Police Use Only 111111111111111 Crash Number ........... ........... .......... .:....... ................... ........... .... .... .... .... .... .............. . .... .................... ..............:.........,.........; ................... .. ..........:.........:....... ................ ......... .......... ,....... ...;...................... ......... ... .... ... .. .... ........ ....... ... ,.. . I R - o ............................................................................................. ..... ... ........... ....... ... ........... ...... ........... :............................. ......:........... ............ :...................... :................. ............... : ........... ........... ............ ........... ........... ........... . ......... ....................... ... ....................... .... ................. ............ ........... ....................... :....... .... .. Witness Name Address Phone 1 a Narrative and additional witnesses: Accident Investigation Notification Issued? Q Property Damage O V1 AND V2 WERE TRAVELING WEST ON TRINDLE ROAD WHEN V2 STOPPED FOR TRAFFIC AND V1 FAILED TO SEE TRAFFIC STOPPING AND DI D STRIKE V2. a a m d ra Z s re w u m Na Ir, 0!{M A AA-500 (7ZMZ) PENNDOT COPY http://www.dot6.state.pa.us/icons/Printlmaues/XmIFiles/20061124671GUTSHALL19 02... 3/13/2008 Print CRS W0046283 Crash Number: W0046283 Incident Number: HAM20061100262 W J L.? f- Pa-e 7 of 7 http://www.dot6.state.pa.us/icons/PrintIma_ges/XmlFlleS/20061124671 GUTSHALL19502... 3/13/2008 Synopsis .' Quality Assurance Synopsis Report Pam Print Il Close Window Crash Synopsis created 03/1312008 for Crash Number W0046283 Web Group: QA. Police Agency Data: The crash report was recorded by police agency 21103-Hampden Township, patrol zone - SE, under incident number HAM20061100262. The dispatch date was 10131/2006, the dispatch time was 1730 hours, the investigation date was 10131/2006, the arrival time was 1745 hours. The investigator was PTLMN MARY HOLLEY, badge number 1920. The report was approved by SGT SHAUN A. FELTY, badge number 19-2 on 11/0912006. Crash Data: This rear-end crash occurred in Cumberland county, in the municipality of Hampden Township, on Tuesday, 10/31/2006 at 1730 hours. The illumination at the time of the crash was dark with street lights. The 2-unit crash involved 2 people with 1 injury. There were no fatalities. This is a reportable crash. Highway maintenance was not notified. The crash was not school bus related. The crash was not school zone related. There was no PennDOT property damaged. The crash did not occur in a work zone. The roadway surface was dry. Weather conditions included No adverse conditions. A notification of an accident investigation was issued. Other environmental / roadway potential factors included None. The indicated prime factor for this crash was a driver's action (failure to maintain proper speed with traffic) for unit 01. The first harmful event for this crash was that unit 1 Hit unit 02 and the most harmful event for this crash was that unit 2 was struck by unit 1. Type Location: This was a mid-block (non intersection) crash, which occurred at no special location. Principal Roadway: Cumberland County, 3800 TRINDLE Road, the orientation of the roadway was West, there were 02 travel lane(s), the speed limit was 40 Mph, with Local road or street route signing. TCD: Traffic Control Device: no traffic control device, No controls. Work zone: Type of Work Zone: not a work zone. Lane Closure: Not applicable. UNIT INFORMATION: 1 Unit Number 1 was a motor vehicle in transport. The unit was owned by UNDEFINED GELCO CORP: Address: 3 CAPITAL DR, EDEN PRAIRIE, PA 55344. This 2002 Ford identified by VIN: 2FMZA51452BB55613 was registered in PA with License FWB4951. Travel speed: 040. Unit insured: vehicle has insurance, Insurance Company: ST PAUL TRAVELERS, Policy number: TC2JCAP120D8153T1L06. The Unit was not towed. This was not a commercial vehicle. This Unit was a van, Vehicle color: Red, Special Usage: Not applicable. The initial impact point was at 12 o'clock, Damage Indicator: None, Vehicle role: Striking, Vehicle position: in the curb lane right. Direction of travel: West, Movement: Going straight, Gradient: on a level roadway, Alignment: Straight. Driver Information: The driver of this unit was MAURICE BAKER. Address: 395 SILVER SPRING RD MECHANICSBURG PA 17055. Height: 5 Ft 11 In. Drivers License #: 09151486, State: PA. DOB: 09/18/1936, Age: 70, Sex: Male. Seating position: driver's seat. Primary safety equipment: lap and shoulder belt were used. Secondary safety equipment: Air bag not deployed, switch on. Injury severity: Not injured. Ejection: Not ejected. Extrication: Not extricated. EMS Transport: No Entry Made. Alcohol/Drugs Suspected: none suspected, Alcohol Test Type: Test not given, Alcohol Test Results: Result = 0.00. Driver's action(s), 1 failure to maintain proper speed with traffic The individual's condition was apparently normal. Vehicle code FAILURE TO MAINTAIN PROPER SPEED was violated. No citation was written. UNIT INFORMATION: 2 Unit Number 2 was a motor vehicle in transport. The unit was owned by HARRY B LAUGHL IN I!. Address: 210 AVON DR, CARLISLE. PA 17013. This 1999 Mercedes-Benz identified by VIN: WDBKK47FOXF117796 was registered in PA with License HBL. Travel speed: Stopped. Unit insured: vehicle has insurance, Insurance Company: STATE FARM, Policy number: 39D0493D0138R001. The Unit was not towed. This was not a commercial vehicle. This Unit was an automobile, Vehicle color: Silver, Special Usage: Not applicable. The initial impact point was at 6 o'clock, Damage Indicator: None, Vehicle role: Struck, Vehicle position: in the curb lane right. Direction of travel: West, Movement: http://wwv,,.dot6.state.pa.us/crash.nsf/S?inopsis?OpenForm&Seq=1 3/13/2008 Page 2 of 2 Stopped in traffic lane, Gradient: on a level roadway, Alignment: Straight. Driver information: The driver of this unit was HARRY B LAUGHLIN. Address: 4 CREEKSIDE LN CAMP HILL PA 17011. Height: 6 Ft 0 In. Drivers License #: 19962388, State: PA. DOB: 05/23/1963, Age: 43, Sex: Male. Seating position: driver's seat. Primary safety equipment: iap and shoulder belt were used. Secondary safety equipment: Air bag not deployed, switch on. Injury severity: Minor injury. Ejection: Not ejected. Extrication: Not extricated. EMS Transport: Yes. Alcohol/Drugs Suspected: none suspected, Alcohol Test Type: Test not given, Alcohol Test Results: Result = 0.00. Driver's action(s), 1 No contributing action. The individual's condition was apparently normal. Vehicle code NONE was violated. Print Close window J http://NAiv",.dot6.state.pa.us/crash.nsf/Synopsis?OpenForm&Seq=1 3/13/2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HARRY LAUGHLIN, CIVIL ACTION - LAW Plaintiff No. 08-5040 Civil V. MAURICE BAKER and RITE AID CORPORATION, Defendants oral Deposition of MAURICE E. BAKER DATE: Wednesday, September 30, 2009 TIME: 1:57 p.m. PLACE: James, Smith, Dietterick & Connelly 134 Sipe Avenue Hummelstown, Pennsylvania TAKEN BY: Plaintiff APEX REPORTING SERVICE By: Sharon L. Dougherty P. 0. Box 6265 Harrisburg, PA 17112-0265 717.545.3553 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: For the Plaintiff: RONALD T. TOMASKO, ESQUIRE SEAN M. CONCANNON, ESQUIRE JAMES, SMITH, DIETTERI CK & CONNELLY 134 Sipe Avenue Hummelstown, PA 17036 For the Defendants: FRANCIS R. GARTNER, ESQUIRE WILLIAM J. FERREN & ASSOCIATES 10 sentry Parkway, suite 301 Blue Bell, PA 19422 witness MAURICE E. BAKER Examination by: Mr. Tomasko Exhibits (None) I N D E X Page No 3 2 APEX Reporting Service 1 .` 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P R O C E E D I N G S S T I P U L A T I O N It is hereby stipulated by and between counsel for the respective parties that signing, sealing, certifying, and filing are hereby waived, and that all objections, except to the form of the question, are reserved to the time of trial. MAURICE E. BAKER, having been sworn, testified as follows: EXAMINATION BY MR. TOMASKO: Q Mr. Baker, my name is Ron Tomasko. we just met before the deposition started. I am going to ask you a few background questions for the record and then we will get into asking you questions about the accident. okay? A okay. Q Could you state your full name for the court reporter, please. A Maurice E. Baker. Q where do you currently reside, Mr. Baker? A 395 silver spring Road, Mechanicsburg, Pennsylvania. APEX Reporting Service .' 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q How long have you lived at that address? A Since 1968. Q what is your date of birth, sir? A September the 18th, 1936. Q - Have you ever been deposed before? A No. Q Have you ever been a witness in a legal proceeding before of any type? A No. Q Have you ever been a party to a legal action, meaning plaintiff, defendant, additional defendant? A No, sir. Q what I will do this afternoon is, as I indicated, just ask you a series of questions regarding this accident. A uh-huh. Q If you don't understand any of the questions, let me know. A okay. Q Answer the questions to the best of your ability. If my question doesn't make sense, just let me know and I will ask it a different way. A okay. Q By whom are you currently employed? A I am not -- I am retired. Q Retired? APEX Reporting Service 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q who is the last employer you worked for? A Rite Aid corporation. Q How long did you work for Rite Aid? A Nineteen and a half years. Q when did you retire from Rite Aid? A September 16th, 2008. Q In what capacity did you work for Rite Aid Corporation? A I was a Regional Transportation Manager and Equipment manager for the company. Q which position did you hold back on October 31st, 2006? A That was still Transportation Manager, Regional Transportation Manager. Q what were your job duties in that position? A I traveled to our other distribution centers and handled transportation needs. Q when you say transportation needs, what does that all entail? A That would entail vehicles and road testing drivers, and just the -- concerning the upkeep, safety regulations, and that type of scenario. Q All your duties were fulfilled in the central Pennsylvania area or did you have to travel outside -- APEX Reporting Service I 6 1 .' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, I traveled outside. we had eight distribution centers at that time. Q Throughout the United States? A well, east coast and west coast. Q Do you deal just with the east coast centers? A Primarily, although I have made trips to the west coast to inspect equipment or as needed. Q In order to be Rite Aid's Regional Transportation manager back in 2006, did you have any special licensures, meaning do you have a CDL, for example? A I had a CDL, yes. Q when did you first get a CDL? A I have had it almost all my life. I had a CDL when it became a law, but I was driving tractor trailer, as far as maintenance is concerned, before that. Q Is your CDL still current today? A It is. Q was it current as of October 31st, 2006? A Yes. Q Do you have any limitations either on your CDL or your personal driver's license? A No. Q I see you are wearing glasses. is there any vision restriction? A No, none at all. APEX Reporting Service I 1 Q Before this particular accident that we are here 2 on this afternoon, October 31, 2006, were you involved in any 3 prior motor vehicle accidents? 4 A Yes. I was rear ended. 5 Q How long ago was that, if you recall? 6 A I can't recall. It would only be a guess. 7 Q But it was before October 31st, 2006? 8 A Oh, yes, much before. 9 Q was it after the year 2000? 10 A Yes. 11 Q was that accident local here in central 12 Pennsylvania? 13 A Yes. 14 Q where did that accident occur? 15 A Right outside the Corporate office on the camp 16 Hill Bypass. 17 Q were you injured as a result of that accident? 18 A No. 19 Q were you in the course and scope of your 20 employment a t the time of that accident, meaning were you 21 working for Rite Aid at the time that you were in the 22 accident? 23 A No. 24 Q Now, as far as this accident of October 31, 2006, 25 1 do you remember where that occurred? 7 APEX Reporting Service 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, on Trindle Road just prior to the intersection at 38th Street. Q would that be the intersection near the YMCA and Mountz Jewelers? A Yes. Q which direction were you going, sir? A west. Q so you were traveling toward Carlisle, in that direction? A Q A Q A Q recall? A Q A Q A Q A Q occurred? Correct. where were you traveling from at the time? The corporate office. Off of Erford Road in Camp Hill? Yes, Erford Road. what vehicle were you driving at the time, if you 2002 winstar Ford. was it a mini van or what type of -- Yes, it's a van. Does it have Rite Aid insignias on the van? No. what color was the van? Red. Do you recall what time of day this accident APEX Reporting Service 8 I. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A well, approximately around 5:30, 5:40, in that area. Q was it still light out? A No. Q So it was dark outside? A Yes. Q Do you recall the weather conditions on that date? A It was dry. No rain or anything. Q Do you recall whether it had rained earlier that day, if you remember? A I don't remember. Q was this a vehicle that had been provided to you by Rite Aid to perform your job as Regional Transportation Manager? A Yes. Q was it a van that you regularly drove? A Yes, every day. Q would you take the van home at night or would it stay at the corporate Headquarters? A Take it home. Q Did you have to maintain a log of any personal mileage that you put on that van? A Yes. we reported it once a month to the leasing company. APEX Reporting Service I 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q would you need to reimburse Rite Aid for any personal mileage? A They charged me for it at the end of the year. Q How would they charge you? Per mile? A Yes, the miles. Q You said that this was a leased vehicle. were you saying that Rite Aid leased this vehicle? A Yes. Q Do you recall who they leased it from? A They had many, but GELCO corporation. Q were these leases for a number of years? annually? How was it set up? A They termed them mileage, except if there was low mileage it went out by years. Q were you on a special trip just for Rite Aid or were you just on your way home after working that day? A I was on my way home. Q Do you recall whether there was any construction along that section of Trindle Road where the accident occurred? A Yes, sir. Q what kind of construction was there? A The street had been, from the lane of traffic over to the curb had been opened up. Q so there was construction along the berm? would APEX Reporting Service _. 11 1 that be fa ir to say? 2 A It was more than the berm. It was 6 feet. I am 3 guessing o n that, but approximately. 4 Q so would it be fair to say that the lane of 5 travel goi ng westbound, as you were, was smaller than it would 6 normally be because there was construction in the right-hand 7 8 A No. I'm sorry. Go ahead. 9 Q construction in the right-hand area outside of 10 the berm toward the lane of travel? 11 A No. It was a full lane. 12 Q would it be possible to get around a car in the 13 right-hand berm? In other words, get two cars along the 14 right-hand side going westbound? 15 A No. 16 Q Do you know how deep the excavation was along the 17 right-hand side, if you recall? 18 A I don't recall. 19 Q was it blocked off in some way? 20 A Yes. 21 Q How so? 22 A Barricades, tape, and that fluorescent orange ... 23 Q Like mesh? 24 A Mesh, yes. 25 Q were there any flashing lights along the route APEX Reporting Service I .- 12 1 .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 signifying that there was construction? A I can't recall. It would only be a guess on that. Q But what you do recall is the fluorescent orange mesh fencing, and what else specifically? A If I recall, tape and barricades. Q what kind of barricades? Barrels? signs? A I can't recall that. I know there was barricades there. Q Do you recall how well lit it is along that i particular area of Trindle Road at night? Are there streetlights, for example? A At that particular point in time there was a street light, but it was not the type that we have now. It was an older light. Q so at that particular intersection there was a light but -- A uh-huh. Q Do you recall what the speed limit is along Trindle Road at that point? ' A 35 miles an hour. Q Now, you mentioned about the red Ford winstar van. was that equipped with a radio either for purposes of entertainment or for communication with the Rite Aid corporate Headquarters? APEX Reporting Service 1 .' 13 1 -1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Just a standard radio. Q Back in October of 2006, did you own a cell phone? A Yes. Q Did Rite Aid provide you with a cell phone to fulfill your duties as Regional Transportation Manager? A Yes. Q So would you have had two cell phones on your person? A No. Q Just one? A Just one. Q The one that Rite Aid provided you with? A Correct. Q Do you know which cell provider Rite Aid was using back in 2006? A No. Q AT&T? Sprint? A No, I don't recall. Q Now, was that cell phone paid exclusively, the charges rel ated to the phone, paid exclusively by Rite Aid or do you have to pay anything toward it? A No. Rite Aid paid. Q So even if you made a personal call, Rite Aid would pay? APEX Reporting Service ' 14 1 A Yes. 2 Q Do you know if they were paying a monthly charge 3 or some oth er -- 4 A Yeah, monthly charge. 5 Q would you be provided monthly by Rite Aid of 6 calls that you made or received through that particular cell 7 number? 8 A I received a monthly statement, yeah. 9 Q would you simply turn the statement over to 10 Rite Aid to be paid for? 11 A No, they paid that -- they paid the bill. Then I 12 received a copy of the statement. 13 Q Do you recall the cell number that you had at the 14 time? 15 A 717-975-4707. 16 Q Is that account still active after your 17 retirement, meaning do you still have that number even though 18 you retired? 19 A No. It was canceled. 20 Q It was canceled? 21 A uh-huh. 22 Q 5o 717-975-4707; is that correct? 23 A uh-huh. 24 Q Do you recall if you used your cell phone on 25 October 31st, 2006 at all, either before or after the APEX Reporting Service I .' 1 15 1 accident? 2 A well, yes, I used it, as part of my job. I 3 received cal ls on that. 4 Q Do you maintain these paper statements of calls 5 - made and received from your cell? 6 A Not anymore, 7 Q Do you know if Rite Aid still has those? .8 A I have no idea. 9 Q Now, after the accident, do you recall speaking 10 with officer Mary Holly from the Hampden Township Police 11 Department? 12 A she interviewed me, yes. 13 Q Have you actually seen the report that officer 14 Holly prepared? 15 A Yes. 16 Q Did Mr. Gartner show it to you today in 17 anticipation of your deposition? 18 A I had a copy of it right after the accident which 19 I left at Rite Aid when I left, and he also supplied me a 20 copy, yes. 21 Q Have you reviewed it recently? 22 A Yes. 23 Q when did you last see it? 24 A I just briefed it today. 25 Q Is there any aspect of officer Holly's report APEX Reporting Service 1 16 1 that you take issue with? 2 A Just the drawing that was on the back page that 3 shows the point of the accident. 4 Q other than the drawing which -- let Mr. Gartner 5 take a look -- which appears to be a page 7 of the report, 6 other than that picture, you do not take issue with any of the 7 other information that officer Holly took down; is that 8 correct? 9 A That's correct. 10 Q As far as the diagram that she has on page 7 of 11 the accident report, what do you take issue with relative to 12 her diagram? 13 A It happened here, not there. That is right 14 across from Al's. It happened prior to the intersection of 15 38th street. 16 Q Now, bear with me, and you correct me if I am 17 wrong. Is this corner directly -- it would be directly east 18 of Al's, would this be the corner where Mountz jewelers is, 19 right here? 20 A Yes. 21 Q so you are saying where officer Holly has the 22 impact directly south of Al's, it was more directly south of 23 Mountz Jewelers? 24 A Correct. 25 Q other than with that correction, there is nothing APEX Reporting Service 1 .' 1 17 1 else in the report that you want to bring to my attention that 2 you take issue with? 3 A That's correct. 4 Q Did you have any discussions with Mr. Laughlin 5 after the accident? 6 A No. 7 Q other than the statement that officer Holly took 8 from you, did you speak with anyone else that particular 9 evening at the site of the accident, like ambulance crew, EMT, 10 anything like that? 11 A lust the couple that was in the car behind me. 12 Q so there was a couple in a car behind you? 13 A Yes. 14 Q what did you talk to them about? 15 A we just discussed the accident since they were 16 part of it. 17 Q we just got done talking about. officer Holly's 18 report, and she mentioned no vehicle other than yours and 19 Mr. Laughlin's. NOW, you are mentioning there was a couple in 20 a car behind you. Are you saying that the couple in the car 21 behind you struck your van? 22 A Yes. 23 Q Did she prepare a separate report relative to -- 24 A I'm sure she did. I don't know. I am sure she 25 did. APEX Reporting Service 18 1 MR. GARTNER: I can tell you she did. I am 2 pretty sure that those records were part of Defendant's 3 Response to request to produce. 4 BY MR. TOMASKO: 5 Q Now, just looking at the diagram that we talked 6 about earlier, you indicated that the point of impact between 7 you.and Mr. Laughlin's vehicle was at the intersection but 8 directly south of Mountz rather than Al's. 9 A we were about a car length away from the 10 intersection. 11 Q Do you recall the name of the couple that was 12 behind you? 13 A No. 14 Q Now, I just want to get the sequence right, if 15 you can help me out. 16 A uh-huh. 17 Q Did the couple that you were talking to at the 18 scene of the accident that was behind your red van, was this 19 -- and I will put this in quotes. You can tell me exactly 20 what happened. You were there. 21 was this a chain, quote unquote, type collision 22 meaning that you struck Mr. Laughlin's vehicle and then 23 someone struck you? 24 A Yes. 25 Q Do you know how long the chain was, how many APEX Reporting Service 1 vehicles behind you? 19 2 A JUSt the three. 3 Q JUSt the three? 4 A uh-huh. 5 Let me --_ let's clarify that. what do you mean 6 by behind them? 7 Q Any vehicles behind the couple that was 8 immediate ly behind you. 9 A Yes. 10 Q There were other vehicles? 11 A Oh, yes. 12 Q That were actually involved in the collision? 13 A No. 14 Q No. okay. 15 So as far as actual impact, it would be the 16 couple in the vehicle behind your red van, your red van, and 17 Mr. Laugh lin's Mercedes; is that correct? 18 A That's correct. 19 Q You are saying you gave a statement to officer 20 Holly rel ative to you impacting Mr. Laughlin's vehicle, and 21 then you gave her a statement relative to the couple that rear 22 ended you r van? 23 A I don't -- I can't recall that, no, not in that 24 sequence. No. 25 Q You just know that there was a separate report APEX Reporting Service 1 prepared or your belief that there was a separate report 2 " prepared. 20 3 A I would imagine. Yes. 4 Q You indicated that you didn't speak with any of 5 the ambulance or EMT crews that evening? Is that your 6 recollection? 7 A Yes. I had no reason to. 8 Q As far as the couple that was behind your red 9 van, do you k now whether they required any medical care? 10 A None. 11 Q None? 12 A No. 13 Q so the only individual you sa w leaving the scene 14 presumably in an ambulance would have been Mr. Laughlin; is 15 that correct? 16 A That's correct. 17 Q lust so we are clear, before your impact with 18 Mr. Laughlin' s vehicle at this intersection along Trindle 19 Road, was Mr. Laughlin's vehicle at a stop in the westbound 20 lane of trave l? is that correct? 21 A He was stopped. 22 Q where he was stopped was the same spot that we 23 talked about earlier where there was some construction along 24 the right-han d side of the road? 25 A Yes. APEX Reporting Service 21 1 Q would you agree with me that at this time of day 2 along Trind le Road between 5 and 6 p.m. there would be traffic 3 both going, generally speaking, westbound and eastbound? 4 A Yes, that is true. 5 Q was the traffic heavy in both directions at the 6 time? 7 A Yes. 8 Q Did you suffer any injuries as a result of the 9 accident? 10 A None. No. 11 Q Do you recall whether the Rite Aid van that had 12 been leased from GELCO needed any repairs? 13 A it did. 14 Q Is there an estimate of the repairs that were 15 necessary, to your knowledge, and I am asking you in your 16 capacity as Regional Transportation manager? 17 A The adjustor came out and wrote up an estimate. 18 Q Do you recall how much the estimate was for? 19 A No, I don't. That was all handled through our 20 Risk Management Department. 21 Q Do you recall the severity if any of the physical 22 damage to the vehicle that the couple was driving behind the 23 red van you were operating? 24 A Yes. They had front end damage. 25 Q Front end damage? APEX Reporting Service 22 1 A uh-huh. 2 Q Do you recall what type of vehicle they were 3 driving at th e time? 4 A it was a small Chevrolet, but I don't know if I 5 want to say c avalier or something in that model. I don't 6 recall the ex act name. 7 Q Now, when you say the adjustor came out, are you 8 referring to an adjustor came out to check the severity of the 9 damage to the red van at the Rite Aid Corporate Headquarters? 10 A Yes. . 11 Q Now, when you say that an estimate was done, was 12 that an estim ate of both front end and rear end damage? 13 A The complete car, yes. 14 Q Complete vehicle? 15 A uh-huh. 16 Q But your recollection is that there was an actual 17 paper estimat e of some type that you saw. 18 A I believe that is the case. I didn't see it 19 myself. 20 Q Did you then proceed home after the accident with 21 the red van? Is that correct? 22 A well, I went -- yeah, I was going home. we moved 23 the vehicles off 641. 24 Q okay. 25 A And moved them to a parking lot, and that is APEX Reporting Service 1 where the interview was handled from the police. 23 2 Q which lot? There are many lots in this area. 3 A Right there at Al's Pizza. 4 Q Now, would that have entailed your red van, the 5 couple's Chev rolet that was behind your red van, as well as 6 Mr. Laughlin' s Mercedes? 7 A Yes. 8 MR. CONCANNON: It's a BMW. 9 BY MR. TOMASKO: 10 Q was it a BMW? 11 A It's a BMW. 12 Q I'm sorry. I stand corrected. 13 Do you know how Mr. Laughlin's BMW got to Al's 14 parking lot? 15 A He drove it over there. 16 Q He drove it? 17 A Yes. 18 Q when the Emergency Medical Technician and the 19 ambulance cam e, where did they go? To the Al's parking lot? 20 A Yes. 21 Q Now, were the vehicles taken off of 641 or 22 Trindle Road before officer Holly came to the scene or after? 23 A Before. Harry moved his car first, and I 24 followed suit and I parked over on Al's parking lot, and the 25 couple followed me. APEX Reporting Service 24 1 Q so when officer Holly arrived, she spoke to you, 2 Harry, and the couple behind your red van -- 3 A uh-huh. 4 Q -- in the Al's parking lot? 5 A Yes. 6 Q How long do you estimate that you were there at 7 Al's until everything broke up? 8 A I don't recall. A considerable time, but I don't 9 recall the exact time. 10 Q Do you recall when you got home that evening what 11 time it was ? 12 A No. 13 Q Have you spoken to the Hampden Township Police 14 Department or the couple or their insurance company at anytime 15 after the a ccident? 16 A No. 17 Q other than this deposition today, and I don't 18 mean to ask any questions relative to discussions you had with 19 your attorn ey, but have you given any statements to anyone 20 since the a ccident? 21 A I called the leasing company and alerted them to 22 the fact th at I had an accident. 23 Q with the red van that had been leased? 24 A Yes. 25 Q Do you recall whether that statement was recorded APEX Reporting Service 1 or not? 25 2 A I have no idea. 3 Q This would be the GELCO Company? 4 A well, it was going to PH&H Leasing Company. They 5 handled all accidents. 6 Q Is that a subsidiary of GELCO or do you know? 7 A As far asI know, they were a stand-alone 8 company. 9 Q so it's PH&H Leasing? 10 A Yes. 11 Q Is that the name? 12 A Yeah, it is. 13 Q I take it that they were doing business with 14 Rite Aid fo r multiple vehicles, not just one. 15 A They managed the whole fleet of automobiles. 16 Q The whole fleet? 17 A Yes. 18 Q so no matter what type of make or model, PH&H 19 Leasing dea lt with the whole Rite Aid fleet; is that correct? 20 A That's correct. 21 Q so you spoke to them on the phone about the 22 accident, P H&H. Now, you indicated then an adjustor had 23 physically come out to the Rite Aid corporate Headquarters to 24 look at the damage on the red van and give an estimate. 25 Did you make any type of statement to the insurer APEX Reporting Service 26 ' .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 before the adjustor came out? A No. Q As part of your duties with Rite Aid as the Regional Transportation manager, did you fill out any so-called incident or accident report? A I can't recall that I did. I gave an oral statement to our Risk management folks which was followed up by the police report and other documentation. Q what other documentation would there have been? A The adjustor's report on damage. Q in your capacity as Regional Transportation manager, did Rite Aid, as of October 31, 2006, have a specific protocol in place that if any employee was involved in a motor vehicle accident these are the things that must be done as far as reporting, paperwork, et cetera? A just notify PH&H through their accident reporting telephone number, explain to them what had happened and where I am at at the time. Q so you don't recall any internal Rite Aid documentation that would be completed? A No. Q Does Rite Aid investigate any employee-related accidents, to your knowledge? For example, I have seen other employers that if an employee is involved in an accident, whether it's motor vehicle or something else, there is like an APEX Reporting Service 27 .' 1 internal report saying, well, this accident occurred, how 2 could it have been prevented, what happened, why did it 3 happen. was there anything like that done, to your knowledge? 4 A Not to my knowledge, no. 5 Q If my math is right, you worked for Rite Aid 6 about 23 months after this accident. until you retired. Is 7 that abou t right? 8 A Correct. 9 Q was this Ford, red Ford winstar van still owned 10 -- excuse me, strike that. was it still leased by Rite Aid at 11 the time of your retirement, still in their fleet? 12 A it was still in the fleet, yes. 13 Q other than the statements that we talked about 14 and whate ver discussions that you had with Mr. Gartner before 15 today, is there anyone else that you talked to regarding this 16 accident that we are missing? 17 A No. 18 Q Did you have personal auto insurance at the time 19 of this a ccident? Did you have a personal vehicle and a 20 personal policy? 21 A Yes. 22 Q You did? 23 A Yes. 24 Q Do you recall who your insurer was at the time? 25 A Erie Insurance. APEX Reporting Service 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Erie Insurance? A uh-huh. Q so you had vehicles at home other than the red van. A Correct. Q Do you recall how many vehicles you had, personally speaking? A One. Q one vehicle. Insured by Erie? A Correct. Q Do you recall back in 2006 what vehi cle that would have been? A It would be a 2004 Hyundai sante Fe. Q was that vehicle registered just in your name? A Yes. Q were you married at the time of the accident? A Yes. Q Continue to be married? A Pardon me? Q Do you continue to be married today? A Yes. I think if we calculate that, I will have my fiftieth wedding anniversary in December. Q congratulations. so the Hyundai sante Fe, would that have been titled in both you and your wife's name? APEX Reporting Service 1: 29 1 A My name. 2 Q 3ust in your name? 3 A Yes. 4 Q Which local Erie Insurance agent if you recall, 5 was it t hat you did business with back in 2006? I know Fetrow 6 is right along Trindle Road. 7 A No. They are down in Lemoyne -- Camp Hill -- 8 Lemoyne. I have been with them forever. You had to ask me 9 that. 10 MR. CONCANNON: Kerlin, Bob Kerlin? 11 THE WITNESS: No. First name Eric -- I am struck 12 on that one, but I have been with him for many years. 13 BY MR. T OMASKO: 14 Q so I am assuming they insure more than the 15 Hyundai Sante Fe. Do they insure your home, for example? 16 A Yes, they insure the home. 17 Q so it's an Erie agent that has an office in the 18 Lemoyne area; is that correct? 19 A Yes. 20 Q Now, just going back to October 31, 2006, what 21 was your health at that time? 22 A Good. 23 Q was it good? 24 A Yes, very good health. 25 Q You already indicated to me I believe that you APEX Reporting Service r 30 1 didn't have any restrictions on any of your licenses. 2 A That's correct. 3 Q You weren't using any medication at the time that 4 would have impacted your driving abilities, if you recall? 5 A No, not at all. 6 Q You indicated that you were on your way home 7 after work at the time of the accident. what hours would you 8 normally work at the Rite Aid Corporate Headquarters? 9 A I normally worked from 7:30 in the morning until 10 sometimes whenever, but normally around 5:30 at the latest 11 leaving work. 12 Q Do you recall whether you had made any stops 13 prior to this accident on October 31 on your way home or was 14 it just, got in the van at the corporate Headquarters off of 15 Erford Road and were driving home. There were no stops. 16 A There were no stops. 17 Q Do you have any recollection of what your job 18 duties entailed that day? Had you been doing a lot of 19 traveling? Had you been going anywhere else? 20 A No. I spent the day in the office, just working 21 from the office that day. 22 Q so the entire day, your recollection is on 23 October 31 you had been in the Corporate Headquarters? 24 A Correct. 25 MR. TOMASKO: I have nothing further. APEX Reporting Service 31 1 (Discussion off the record.) 2 MR. TOMASKO: Mr. Concannon has a few questions. 3 Some of them might be helpful in understanding what exactly 4 happened, more so than I have already -asked you. 5 BY MR. TOMASKO: 6 Q Before you actually impacted Mr. Laughlin's 7 vehicle along 641, if you recall, when did you first observe 8 that he had been at a complete stop, as you indicated earlier 9 that he was at a complete stop? 10 A I realized that he wasn't moving. The taillights 11 were on. There were no stop lights. So I thought that he was 12 moving because of the lack of stop lights tells me that he is 13 moving and I realized he wasn't. 14 Q Did you brake before the, impact, if you recall? 15 A I recall slowing down. 16 Q You don't recall any braking of any type though? 17 A well, slowing down for me would be partially 18 braking, and the momentum of the car is coming to a slower 19 speed,,yes. 20 Q Do you recall whether there were any skid marks 21 from hard braking? 22 A No skid marks at all. 23 Q was there room for you to either go to the right, 24 which I think we indicated there was some construction, or go 25 to the left in the opposing lane of travel to avoid the APEX Reporting Service 32 1 I impact? 2 A There was no movement either way. 3 Q You were stuck. 4 A I was stuck. 5 Q As part of your duties at Rite Aid, did you ever 6 conduct any accident investigations? 7 A No. 8 Q That would be the risk management people who 9 would do that? 10 A Yes. 11 Q Now, if you can quantify this, and I know it 12 might be an estimate, and tell me if it is an estimate. How 13 many van lengths away were you from the back of Mr. Laughlin's 14 BMW when you first noticed that the _vehi_L]?a? neovi-ng; ?if 15 you know? 16 A I was close, but I can't give you a distance. I 17 don't know. 18 Q It was more than one van length? 19 A No. It wasn't that great a distance. 20 Q so it was closer than one full length of your 21 van. 22 A That's correct. 23 Q Now, I am assuming that since you were in a Ford 24 winstar van, you could actually see over the top of 25 Mr. Laughlin's car. Am I right about that? APEX Reporting Service 33 1 A Yes. 2 Q were there vehicles in front of him that were 3 stopped as well, if you recall? 4 A I can't recall that. I don't know. 5 Q Do you recall whether there were any vehicles in 6 front of him that were trying to make left-hand turns into the 7 YMCA parking lot? 8 A It would only be an assumption. I can't recall 9 that. 10 Q so you have no recollection either way? 11 A I can't tell you what was ahead of his car. I 12 don't remember. 13 Q But you would acknowledge that your vehicle sat 14 high enou gh on the roadway that you could see beyond his 15 vehicle, correct? 16 A Yes, I would say that. 17 Q Do you have an estimate of how fast you were 18 traveling at the time just prior to the impact? 19 A It would only be a guess. slow. It was a speed, 20 but I was not -- I couldn't tell you, no. 21 Q we talked about the cell phone that Rite Aid had 22 provided you at the time of this accident. on your way home, 23 were you using your cell phone at all? 24 A No. 25 Q if you recall? APEX Reporting Service 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No. Q were you using any of the other controls in the van that we talked about earlier as well, meaning radio or other comfort controls in the van prior to the accident? A No, sir. MR. TOMASKO: That is all we have. Thank you. (The deposition was concluded at 2:45 p.m.) APEX Reporting Service 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 C E R T I F I C A T E I, Sharon L. Dougherty, a Notary Public for the Commonwealth of Pennsylvania, do hereby certify: That the witness named in the deposition, prior to being examined, was by me first duly sworn or affirmed; That said deposition was taken before me at the time and place herein set forth, and was taken down by me in stenotype and thereafter transcribed under my direction and supervision; That said deposition is a true record of the testimony given by the witness and of all objections made at the time of the examination. i further certify that I am neither counsel for nor related to any party to said action, nor in any way interested in the outcome thereof. APEX Reporting Service i - 0 - 08-5040 [1] 1:4 - 1 - 1 [1) 1:15 10 [1] 2:8 134 [2] 1: 16; 2:4 16th [1] 5 :7 17036 [1] 2:5 17112-0265 [1 ] 1:24 18th [1] 4 :4 1936 [1] 4 :4 19422 [1] 2:9 1968 [1] 4 :2 -2- 2 [1] 34:7 2000 [1] 7:9 2002 [1] 8:17 2004 [1 ] 28:1 3 2006 [13] 5:13; 6:9, 18; 7:2, 7, 24; 13:2, 16; 14:25 ; 26:12; 28:1 1 ; 29:5, 20 2008 [1] 5:7 2009 [1) 1:14 23 [1] 27:6 -3- 3 [1) 2:21 30 [4] 1 :14; 9:1 ; 30:9, 10 301 [1] 2:8 31 [6) 7:2, 24; 26:12; 29:20; 30:13, 23 31st [4] 5: 12; 6:18; 7:7; 14 :25 35 [1] 12:21 38th [2] 8 :2; 16:15 395 [1] 3:24 - 4 - 40 [1] 9:1 45 [1] 34:7 -5- 5 [4] 9: 1 ; 21 :2; 30:10 57 [1) 1:15 -6- 6 [2] 11:2; 21:2 6265 [1] 1:24 641 [3] 22:23; 23:21; 31:7 - 7 - 7 [3] 16:5, 10; 30:9 717-975-4707 [2] 14:15, 22 717.545.3553 [1] 1 :25 - A - abilities [1] 30:4 ability [1] 4:19 about [14) 3:18; 12:22; 17:14, 17; 18:6, 9; 20:23; 25:21 ; 27:6, 7, 13; 32:25; 33:21 ; 34:3 accident [40] 3:18; 4:14; 7:1, 1 1 , 14, 17, 20, 22, 24; 8:24; 10:19; 15:1, 9, 18; 16:3, 11; 17:5, 9, 15; 18:18; 21:9; 22:20; 24:15, 20, 22; 25:22; 26:5, 14, 16, 24; 27:1, 6, 16, 19; 28:16; 30:7, 13; 32:6; 33:22; 34:4 accidents [3j 7:3; 25:5; 26:23 account [1] 14:16 acknowledge [1] 33:13 across [1] 16:14 action [3] 1:3; 4:10; 35:16 active [1] 14:16 actual [ 2] 19:15; 22:16 actually [4] 15:13; 19:12; 31:6; 32:24 additional [1) 4:11 address [1] 4:1 adjustor [5) 21:17; 22:7, 8; 25:22; 26:1 adjustor's [1] 26:10 affirmed [1] 35:7 after [12] 7:9; 10:16; 14:16, 25; 15:9, 18; 17:5; 22:20; 23:22; 24:15; 27:6; 30:7 afternoon [2) 4:13; 7:2 agent [2] 29:4, 17 ago [1] 7:5 agree [1] 21:1 ahead [2] 11:8; 33:11 aid [36] 1:7; 5:3, 4, 6, 8; 7:21 ; 8:20; 9:14; 10:1, 7, 15; 12:24; 13:5, 13, 15, 21, 23, 24; 14:5, 10; 15:7, 19; 21 : 1 1 ; 22:9; 25:14, 19, 23; 26:3, 12, 19, 22; 27:5, 10; 30:8; 32:5; 33:21 aid's [1] 6:8 al's [10] 16:14, 18, 22; 18:8; 23:3, 13, 19, 24; 24:4, 7 alerted [1] 24:21 all [13] 3:6; 5:20, 24; 6:13, 25; 14:25; 21:191- 25:5; 30:5; 31 :22; 33:23; 34:6; 35:13 almost (1] 6:13 along [12] 10:19, 25; 11:13, 16, 25; 12:10, 19; 20:18, 23; 21:2; 29:6; 31 :7 already [2] 29:25; 31:4 also [1] 15:19 although [1] 6:6 am [14] 3:16; 4:24; 1 1:2; 16:16; 17:24; 18:1; 21:15; 26:18; 29:11, 14; 32:23, 25; 35:15 ambulance [4] 17:9; 20:5, 14; 23:19 anniversary [1] 28:22 annually [1] 10:12 answer [1] 4:19 anticipation [1] 15:17 anymore [1] 15:6 anyone [3] 17:81- 2 4:19; 27:15 anything [4] 9:9; 13:22; 17:10; 27:3 anytime [1J 24:14 anywhere [1] 30:19 apex [1] 1:23 appearances [1] 2:1 appears [1] 16:5 approximately [2] 9:1; 11:3 are [16] 3:6, 7; 4:23; 6:23; 7: 1 ; 12:11; 16:21; 17:19, 20; 19:19; 20:17; 22:7; 23:2; 26:14; 27:16; 29:7 area [6] 5:25; 9:2; 11:9; 12:11; 23:2; 29:18 around [3] 9:1; 11:12; 30:10 arrived [1] 24:1 ask [5] 3:16; 4:14, 21, 24:18; 29:8 asked [1] 31:4 asking [2] 3:17; 21:15 aspect [1] 15:25 associates [1) 2:8 assuming [2] 29:14; 32:23 assumption [1] 33:8 attention [1] 17:1 attorney [1] 24:19 auto [1] 27:18 automobiles [1] 25:15 avenue [2] 1:161- 2:4 avoid [1] 31:25 away [2] 18:9; 32:13 - B - back [9] 5:12; 6:9; 13:2, 16; 16:2; 28:11; 29:5, 20; 32:13 background [1] 3:16 baker [7] 1:6, 1 1 ; 2:20; 3:9, 14, 22, 23 barrels [1] 12:7 barricades [4] 11:22; 12:6, 7, 8 be [27] 6:8; 7:6; 8:3; 11:1, 6, 12; 12:2; 14:5, 10; 16:5, 17, 18; 19:15; 21:2; 25:3; 26:14, 20; 28:13, 18, 20; 31:3, 17; 32:8, 12; 33:8, 19 bear [1] 16:16 became [1] 6:14 because [2] 11:6; 31:12 been [20] 3:10; 4:5, 7, 10; 9:13; 10:23, 24; 20:14; 21:12; 24:23; 26:9; 27:2; 28:12, 24; 29:8, 12; 30:18, 19, 23; 31:8 before [16] 3:15; 4:5, 8; 6:15; 7:1, 7, 8; 14:25; 20:17; 23:22, 23; 26:1; 27:14; 31 :6, 14; 35:8 behind [15] 17:11, 12, 20, 21 ; 18:12, 18; 19:1, 6, 7, 8, 16; 20:8; 21:22; 23:5; 24:2 being [1] 35:7 belief [1] 20:1 believe [2J 22:18; 29:25 bell [1] 2:9 berm [4] 10:25; 11:2, 10, 13 best [1] 4:19 between [3] 3:4 18:6; 21:2 beyond [1] 33:14 bill [1] 14:11 birth [1] 4:3 blocked [1] 11:19 blue [1] 2:9 bmw [5] 23:8, 10, 1 1, 13 ; 32:1 4 bob [1] 29:10 both [4] 21:3, 5; 22:12; 28:25 box [1] 1:24 brake [1] 31:14 braking [3] 31:16, 18, 21 briefed [1] 15:24 bring [1] 17:1 broke [1] 24:7 business [2] 25:13; 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30:18 done [4] 17:17; 22:11; 2 6:14; 27:3 dougherty [3] 1:23; 35:4, 21 down [5] 16:7; 29:7; 31:15, 17; 35:9 drawing [2] 16:2, 4 driver's [1] 6:21 drivers [1 ] 5:22 driving [6] 6:14; 8:15; 21 :22; 22:3; 30:4, 15 drove [3] 9:17; 23:15, 16 dry [1] 9:9 duly [1] 35: 7 duties [6] 5:16, 24; 13:6; 26:3; 30:18; 32:5 - E - e [9] 1 :11 ; 2:19, 20; 3:1, 9, 22; 35:2 earlier [5] 9:10; 18:6; 20:23; 31 :8; 34:3 east [3] 6:4, 5; 16:17 eastbound [1] 21 :3 eight [1] 6:1 either [6] 6:20; 12:23; 14:25; 31 :23; 32:2; 33:10 else [6] 12:5; 17:1, 8; 26:25; 27:15; 30:19 emergency [1] 23:18 employed [1] 4:23 employee [2] 26:13, 24 employee-related [1] 26:22 employer [1] 5:2 employers [1] 26:24 employment [1] 7:20 emt [2] 17:9; 20:5 end [5] 10:3; 21:24, 25; 22:12 ended [2) 7:4; 19:22 enough [1] 33:14 entail [2] 5:20, 21 entailed [2] 23:4; 30:18 entertainment [ 1] 12:24 entire [1] 30:22 equipment [2] 5:11; 6:7 equipped [1] 12:2 3 erford [3] 8:13, 14; 30:15 eric [1] 29:11 erie [5] 27:25; 28:1 , 9; 29:4, 17 esquire [3] 2:3, 7 estimate [11] 21:14, 17, 18; 22:11, 12, 17; 24:6; 25:24; 32:12; 33:17 et [1] 26:15 even [2] 13:24; 14:17 evening [3] 17:9; 20:5; 24:10 ever [4] 4:5, 7, 10; 32:5 every [1] 9:18 everything [1] 24:7 exact [2] 22:6; 24:9 exactly [2] 18:19; 31:3 examination [3] 2:21; 3:12; 35:14 examined [1] 35:7 example [4] 6:10; 12:12; 26:23; 29:15 excavation [1] 11:16 except [2] 3:6; 10:13 exclusively [2] 13:2 0, 21 excuse [1] 27:10 exhibits [1] 2:24 explain [1] 26:17 -F - f [1] 35:2 fact [1] 24:22 fair [2] 11:1, 4 far [7] 6:15; 7:24; 16:10; 19:15; 20:8; 25:7: 26:14 fast [1] 33:17 fe [3] 28:13, 24; 29:15 feet [1] 11:2 fencing [1] 12:5 ferren [1 ] 2:8 fetrow [1] 29:5 few [2] 3:16; 31:2 fiftieth [1] 28:22 filing [1] 3:6 fill [1] 26:4 first [6] 6:12; 23:23; 29:1 1 ; 31:7; 32:14; 35:7 flashing [1] 11:25 fleet [5] 25:15, 16, 19; 27:1 1, 12 fluorescent [2] 11:22; 12:4 folks [1] 26:7 followed [3] 23:24, 25; 26:7 follows [1] 3:10 ford [5] 8:17; 12:22; 27:9; 32:23 forever [1] 29:8 form [1] 3:7 forth [1] 35:9 francis [1] 2:7 from [15] 5:6; 8:11; 10:9, 23; 15:5, 10; 16:14; 17:8; 18:9; 21:12; 23:1; 30:9, 21; 31:21; 32:13 front [5) 21:24, 25; 22:12; 33:2, 6 fulfill [1] 13:6 fulfilled [1] 5:24 full [3] 3:20; 11:11; 32:20 further [2] 30:25; 35:15 - G - g [1] 3:1 gartner [5) 2:7; 15:16; 16:4; 18:1; 27: 14 gave [3] 19:19, 21 ; 26:6 gelco [4] 10:10; 21:12; 25 :3, 6 generally [1] 21 :3 get [5] 3:17; 6:12; 11 :12, 13; 18:14 give [2] 25:24; 32:16 given [2] 24:19; 35:13 glasses [1] 6:23 go [4] 11:8; 23:19; 31 :23, 24 going [9] 3:16; 8:6; 11 :5, 14; 21 :3; 22:22; 25:4; 29:20; 30:19 good [3] 29:22, 23, 24 got [4] 17:17; 23:13; 24:10; 30:14 great [1] 32:19 guess [3] 7:6; 12:2; 33:19 guessing [1] 11:3 - H - h [5] 25:4, 9, 18, 22; 26:16 had [ 30] 6:1, 11, 13; 9:10, 13; 10:10, 23, 24; 13:8; 14:13; 15:18; 20:7; 21:1 1 , 24; 24:18, 22, 23; 25:22; 2`6:17; 27:14; 28:3, 6; 29:8; 30:12, 18, 19, 23; 31:8; 33:21 half [1] 5:5 hampden [2] 15:10; 24:13 handled [4] 5:18; 21:19; 23:1; 25:5 happen [1] 27:3 happened [6] 16:13, 14; 18:20; 26:17; 27:2; 31:4 hard [1) 31:21 harrisburg [1] 1 :24 harry [3] 1:3; 23:23; 24:2 having [1] 3:10 he [11 ] 15:19; 20:21 , 22; 23:1 5, 16; 31:8, 9, 10, 11, 12, 13 headquarters [7] 9:20; 12:25; 22:9; 25:23; 30:8, 14, 23 health [2] 29:21 , 24 heavy [1] 21:5 help [1] 18:15 helpful [1] 31:3 her [2] 16:12; 19:2 1 here [4] 7:1, 11; 16:13, 19 hereby [3) 3:4, 6; 35:5 herein [1] 35:9 high [1] 33:14 hill [3] 7:16; 8:13; 29:7 him [3] 29:12; 33:2, 6 his [3] 23:23; 33:11, 14 hold [1] 5:12 holly [8] 15:10 14; 16:7, 21; 17:7; 19:20; 23:22; 24:1 holly's [2) 15:25;. 17:17 home [14] 9:19, 21; 10:16, 17; 22:20, 22; 24:10; 28:3; 29:15, 16; 30:6, 13, 15; 33:22 hour [1] 12:21 hours [1] 30:7 how [17] 4:1 5:4; 7:5; 10:4, 12; 11:16, 21; 12:10; 18:25; 21:18; 23:13; 24:6; 27:1 ; 28:6; 32:12; 33:17 hummelstown [2] 1:17; 2:5 hyundai [3] 28:13, 24; 29:15 I'm [3] 11:8; 17:24; 23:12 idea [2] 15:8; 25:2 imagine [1] 20:3 immediately [1] 19:8 impact [7] 16:22 18:6; 19:15; 20:17; 31:14; 32:1; 33:18 impacted [2] 30:4; 31 :6 impacting [1] 19:20 incident [1] 26:5 indicated [8] 4:13; 18:6; 20:4; 25:22; 29:25; 30:6; 31:8, 24 individual [1) 20:13 information [1] 16:7 injured [1] 7:17 injuries [1] 21:8 insignias. ' [1] 8:20 inspect [1] 6:7 insurance [5] 24:14; 27:1 8, 25; 28:1; 29:4 insure [3] 29:14, 15, 16 insured [1] 28:9 insurer [2] 25:25; 27:2 4 interested [1] 35:17 internal [2] 26:19; 27:1 intersection [7] 8:2, 3; 12 :16; 16:14; 18:7, 10; 20:18 interview [ 1] 23:1 interviewed [1) 15:12 into [2] 3 :17; 33:6 investigate [1] 26:22 investigations [1 ] 32:6 involved [4] 7:2; 19:12; 26:13, 24 issue [4] 16:1 , 6, 11; 17:2 it's [6] 8:19; 23:8, 11 ; 25:9; 26:25; 29:17 - J - j [1] 2:8 james [2] 1:16; 2:4 jewelers [3] 8:4; 16:18, 23 job [4] 5:16; 9:14; 15:2; 30:17 - K - kerlin [2] 29:10 kind [ 2] 10:22; 12:7 know [20] 4:17, 20; 11 :16; 12:8; 13:15; 14:2; 15:7; 17:24; 18:25; 19:25; 20:9; 22:4; 23:13; 25:6, 7; 29:5; 32:1 1, 15, 17; 33 :4 knowledge [4] 21:15; 26:23; 27:3, 4 - L - 1 [4) 1:23; 3:3; 35:4, 21 lack [1] 31:12 lane [6] 10:23; 11:4, 10, 11; 20:20; 31:25 last [2] 5:2; 15:23 latest [1] 30:10 laughlin [3) 1:3; 17:4; 20:14 laughlin's [12] 17:19; 18:7, 22; 19:17, 20; 20:18, 19; 23:6, 13; 31:6; 32:13, 25 law [2] 1:3; 6:14 leased [6) 10:6, 7, 9; 21:12; 24:23; 27:10 leases [1] 10:11 leasing [ 5] 9:24; 24:21 ; 25:4, 9, 19 leaving [2] 20:13; 30:11 left [3] 15:19; 31:25 left-hand [1] 33:6 legal [2] 4:7, 10 lemoyne [3] 29:7, 8, 18 length [3] 18:9; 32:18, 20 lengths [1] 32:13 let [4] 4:16, 20; 16:4; 19:5 let's [1] 19:5 license [1] 6:21 licenses [1] 30:1 licensures [1] 6:9 life [1] 6:13 light [4] 9:3; 12:14, 15, 17 lights [3] 11:25; 31:11, 12 like [5] 11:23; 17:9, 10; 26:25; 27:3 limit [1] 12:19 limitations [1] 6:20 lit [1) 12:10 lived [1] 4:1 local [2] 7:11 ; 29:4 log [1] 9:22 long [5] 4:1; 5:4; 7:5; 18:25; 24:6 look [2] 16:5; 25:24 looking [1] 18:5 lot [8] 22:25; 23:2, 14, 19, 24; 24:4; 30:18 ; 33:7 lots [1] 23:2 low [1] 10:13 - M - m [1] 2:3 made [6] 6:6; 13:24; 14:6; 15:5; 30:12; 35:13 maintain [2] 9:22; 15:4 maintenance [1] 6:15 make [4] 4:20; 25:18, 25; 33:6 managed [1] 25:15 management [3] 21 :20; 26:7; 32:8 manager [10] 5:10, 11 , 14, 15; 6:9; 9:15; 13:6; 21:16; 26:4, 12 many [6] 10:10; 18:25; 23:2; 28:6; 29:12; 32:13 marks [2] 31:20, 22 married [3] 28:16, 18, 20 mary [1] 15:10 math [1] 27:5 matter [1) 25:18 maurice [5] 1:6, 11 ; 2:20; 3:9, 22 me [23] 4:17, 20; 10:3; 15:12, 19; 16:16; 17:11; 18:15, 19; 19:5; 21 :1 ; 23:25; 27:10; 28:19; 29:8, 25; 31:12, 17; 32:12; 35:7, 8, 9 mean [2] 19:5; 24:18 meaning [6] 4:11 ; 6:10; 7:20; 14:17; 18:22; 34:3 mechanicsburg [1] 3:24 medical [2] 20:9; 23:18 medication [1] 30:3 mentioned [2] 12:22; 17:18 mentioning [1] 17:19 mercedes [2] 19:17; 23:6 mesh [3] 11:23, 24; 12:5 met [1] 3:14 might [2] 31:3; 32:12 mile [1] 10:4 mileage [4] 9:23; 10:2, 13, 14 miles [2] 10:5; 12:21 mini [1] 8:18 missing [1] 27:16 model [2] 22:5; 25:18 momentum [1] 31:18 month [1] 9:24 monthly [4] 14:2, 4, 5, 8 months [1] 27:6 more [5] 11:2; 16:22; 29:14; 31:4; 32:18 morning [1] 30:9 motor [3] 7:3; 26:13, 25 mountz [4] 8:4; 16:18, 23; 18:8 moved [3] 22:22, 25; 23:23 movement [1] 32:2 moving [4] 31:10, 12, 131- 3 2:14 mr [32] 2:21; 3:13, 14, 23; 15:16; 16:4; 17:4, 19; 18:1 , 4, 7, 22; 19: 17, 20; 20:14, 18 , 19; 23:6, 8, 9, 13; 27:14; 29 :10, 13; 30:25; 31: 2, 5, 6; 32:13, 25; 34:6 much [2] 7:8; 21:18 multiple [1] 25:14 must [1] 26:14 my [11] 3:14; 4:20; 6:13; 10:17; 15:2; 17:1 ; 27 :4, 5; 28:22; 29: 1; 35:10 myself [1] 22:19 - N - n [3] 2:19; 3:1 , 3 name [10] 3:14, 20; 18:11-1 22:6; 25:11-1 28:14, 25; 29:1, 2, 11 named [1] 35:6 near [1] 8:3 necessary [1] 21:15 need [1] 10:1 needed [2] 6:7; 21:12 needs [2] 5:18, 19 neither [1] 35:15 night [2] 9:19; 12:11 nineteen [1] 5:5 none [5] 2:24; 6:25; 20:10, 1 1 ; 21:10 nor [2] 35:16 normally [4] 11:6; 30:8, 9, 10 notary [1] 35:4 nothing [2] 16:25; 30:25 noticed [1] 32:14 notify [1] 26:16 now [17] 7:24; 12: 14, 22; 13:20; 15: 9; 16:16; 17: 19; 18:5, 14; 22: 7, 1 1 ; 23:4, 21 ; 25:22; 29: 20; 32:11, 23 numbe r [5] 10: 11; 14:7, 13, 17; 26 :17 -0 - o [3] 1:24-1 3:1 , 3 objections [2] 3:6; 35:13 observe [1] 317 occur [1] 7:14 occurred [4] 7:25; 8:25; 10:20; 27:1 october [11] 5:12; 6:18; 7:2, 7, 24; 13:2; 14:25; 26:12; 29:20; 30:13, 23 office [5] 7:15; 8:12; 29:17; 30:20, 21 officer [10] 15:10, 13, 25; 16:7, 21; 17:7, 17; 19:19; 23:22; 24:1 oh [2] 7:8; 19:11 okay [6] 3:18, 19; 4:18, 22; 19:14; 22:24 older [1] 12:15 once [1] 9:24 one [9] 13:11, 12, 13; 25:14; 28:8, 9; 29:12; 32:18, 20 only [5] 7:6; 12:2; 20:13; 33:8, 19 opened [1] 10:24 operating [1] 21 :23 opposing [1] 31 :25 oral [2] 1:10; 26:6 orange [2] 11:22; 12:4 order [1 ] 6:8 other [18] 5:17; 11:13; 14:3; 16:4, 6, 7, 25; 17:7, 18; 19:10; 24:17; 26:8, 9, 23; 27:13; 28:3; 34:2, 4 our [3] 5:17; 21:19; 26:7 outcome [1] 35:17 outside [5] 5:25; 6:1; 7:15; 9:5; 11:9 over [5] 10:24; 14:9; 23:15, 24; 32:24 own [1] 13:2 owned [1] 27:9 - P - p [3] 1:24; 3:1, 3 p.m. [3] 1:15; 21:2; 34:7 pa ,[3] 1:24; 2:5, 9 page [4] 2:20; 16:2, 5, 10 paid [6] 13:20, 21, 23; 14: 10, 11 paper [2] 15:4; 22:17 paperwork [1] 26:15 pardon [1] 28:19 parked [1] 23:24 parking [6) 22:25; 23:14, 19, 24; 24:4; 33:7 parkway [1) 2:8 part [5] 15:2; 17:16; 18:2; 26:3; 32:5 partially [1] 31:17 particular [6] 7:1; 12:11, 13, 16; 14:6; 17:8 parties [1] 3:5 party [2] 4:10; 35:16 pay [2] 13:22, 25 paying [1] 14:2 pennsylvania [6] 1 :1 , 17; 3:25; 5:25; 7:12; 35:5 people [1] 32:8 per [1] 10:4 perform [1] 9:14 person [1] 13:9 personal [7] 6:21; 9:22; 10:2-1 13:24; 27:18, 19, 20 personally [1] 28:7 ph [5] 25:4, 9, 18, 22; 26:16 phone [8] 13:3, 5, 20, 21-1 14:24; 25:21-1 33:21, 23 phones [1] 13:8 physical [1] 21 :21 physically [1] 25:23 picture [1] 16:6 pizza [1] 23:3 place [3] 1:16; 26:13; 35:9 plaintiff [4] 1:4, 18; 2:2; 4:11 pleas [1] 1 : 1 please [1] 3:21 point [4] 12:13, 20; 16:3; 18:6 police [4] 15:10; 23:1; 24:13; 26:8 policy [1) 27:20 position [2] 5:12, 16 possible [1] 11:12 prepare [1] 17:2 3 prepared [3] 15:14; 20 :1, 2 presumab ly [1] 20:14 pretty [1] 18:2 prevented [1] 27:2 primarily [1] 6:6 prior [7] 7:3; 8:1; 16:14; 30:13; 33:18; 34:4; 35:6 proceed [1] 22:20 proceeding [1] 4:8 produce [ 1] 18:3 protocol [1] 26:13 provide [1 ] 13:5 provided [4] 9:13; 13:13; 14:5; 33:22 provider [1] 13:15 public [1] 35:4 purposes [1] 12:23 put [2] 9:23; 18:19 - Q - quantify [1] 32:11 question [2] 3:7; 4:20 questions [7] 3:16, 17; 4:14, 16, 19; 24:18; 31:2 quote [1] 18:21 quotes [1] 18:19 - R - r [3] 2:7; 3:1; 35:2 radio [3] -12:23; 13:1; 34:3 rain [1) 9:9 rained [1] 9:10 rather [1] 18:8 realized [2] 31:10, 13 rear [3] 7:4; 19:21; 22:12 reason [1) 20:7 recall [49] 7:5, 6; 8:16, 24; 9:7, 10; 10:9, 18; 11:17, 18; 12:2, 4, 6, 8, 10, 19; 13:19; 14:13, 24; 15:9; 18:11; 19:23; 21:11, 18, 21; 22:2, 6; 24:8, 9, 10, 25; 26:6, 19; 27:24; 28:6, 1 1 ; 29:4; 30:4, 12; 31:7, 14, 15, 16, 20; 33:3, 4, 5, 8, 25 received [5] 14:6, 8, 12; 15:3, 5 recently [1] 15:21 recollection [5] 20:6; 22:16; 30:17, 22; 33:10 record [3] 3:17; 31:1; 35:12 recorded [1] 24:25 records [1] 18:2 red [16] 8:23; 12:22; 18:18; 19:16; 20:8; 21 :23; 22:9, 21 ; 23:4, 5; 24:2, 23; 25:24; 27:9; 28:3 referring [1] 22:8 regarding [2] 4:14; 27:15 regional [8] 5:10, 14; 6:8; 9:14; 13:6; 21:16; 26:4, 11 registered [1] 28:14 regularly [1] 9:17 regulations [1] 5:23 reimburse [1] 10:1 related [2] 13:21; 35:16 relative [5] 16:11; 17:23; 19:20, 21; 24:18 remember [4) 7:25; 9:1 1, 12; 33:12 repairs [2] 21:12, 14 report [13] 15:13, 25; 16:5, 11; 17:1 , 18, 23; 19:2 5; 20:1 ; 26:5, 8, 10; 27:1 reported [1] 9:24 reporter [1] 3:21 reporting [3] 1:23; 26:15, 16 request [1] 18:3 required [1] 20:9 reserved [1] 3:7 reside [1] 3:23 respective [1] 3:5 response [1] 18:3 restriction [1] 6:24 restrictions [1] 30:1 result [2] 7:17; 21 :8 retire [1] 5:6 retired [4] 4:24, 25; 14:18; 27:6 retirement [2] 14:17; 27:11 reviewed [1] 15:21 right [11] 7:1.5; 15:18; 16:13, 19; 18:14; 23:3; 27:5, 7; 29:6; 31 :23; 32:25 right-hand [6] 11:6, 9, 13, 14, 17; 20:24 risk [3] 21:20; 26:7; 32:8 rite [37] 1:7; 5:3, 4, 6, 8; 6:8; 7:21 ; 8:20; 9:14; 10:1, 7, 15; 12:24; 13:5, 13, 15, 21, 23, 24; 14:5, 10; 15:7, 19; 21:11; 22:9; 25:14, 19, 23; 26:3, 12, 19, 22; 27:5, 10; 30:8; 32:5; 33:21 road [14] 3:24; 5:21; 8:1 , 13, 14; 10: 19; 12:11, 20; 20:19, 24; 21:2; 23:22; 29:6; 30:15 roadway [1] 33:14 ron [1] 3:14 ronald [1] 2:3 room [1] 31:23 route [1] 11:25 - S - s [2] 3: 1 , 3 safety [1] 5:22 said [4) 10:6; 35:8, 12, 16 same [1] 20:22 sante [3] 28:13 24; 29:15 sat [1] 33:13 saw [2J 20:13; 22:17 say [7] 5:19; 11:1, 4; 22:5, 7, 11; 33:16 saying [5] 10:7; 16:21 ; 17 :20; 19:19; 27:1 scenario [1] 5:23 scene [3] 18:18; 20:13; 23:22 scope [1] 7:19 sealing [1] 3:5 sean [1] 2:3 section [1] 10:19 see [5] 6:23; 15:23; 22:18; 32:24; 33:14 seen [2] 15:13; 26:23 sense [1] 4:20 sentry [1] 2:8 separate [3] 17:23; 19:25; 20: 1 september [3] 1:14; 4:4; 5:7 sequence [2] 18:14; 19:24 series [1] 4:14 service [1] 1:23 set [2] 10:12; 35:9 severity [2] 21 :21 ; 22:8 sharon [3] 1:23; 35:4, 21 she [8] 15:12; 16:10; 17:18, 23, 24; 18:1; 24:1 show [1] 15:16 shows [1] 16:3 side [3] 11:14, 17; 20:24 signifying [1] 12:1 signing [1] 3:5 signs [1] 12:7 silver [1] 3:24 simply [1] 14:9 since [4] 4:2; 17:15; 24:20; 32:23 sipe [2] 1:16; 2:4 sir [5] 4:3, 12; 8:6; 10:21; 34:5 site [1] 17:9 skid [2] 31:20, 22 slow [1] 33:19 slower [1] 31:18 slowing [2] 31:15, 17 small [1) 22:4 smaller [1] 11:5 smith [2] 1:16; 2:4 so-called [1] 26:5 some [6] 11:19; 14:3; 20:23; 22:17; 31:3, 24 someone [1] 18:23 something [2] 22:5; 26:25 sometimes [1] 30:10 sorry [2) 11:8; 23:12 south [3] 16:22; 18:8 speak [2] 17:8; 20:4 speaking [3] 15:9; 21:3; 28:7 special [2] 6:9; 10:15 specific [1J 26:12 specifically [1] 12:5 speed [3] 12:19; 31:19; 33:19 spent [1] 30:20 spoke [2] 24:1; 25:21 spoken [1] 24:13 spot [1] 20:22 spring [1] 3:24 sprint [1] 13:18 stand [1] 23:12 stand-alone [1] 25:7 standard [1] 13:1 started [1) 3:15 state [1] 3:20 statement [9] 14:8, 9, 12; 17:7; 19:19, 21; 24:25; 25:25; 26:7 statements (3] 15:4; 24:19; 27:13 states [1] 6:3 stay [1] 9:20 stenotype [1] 35:10 still [10] 5:14; 6:16; 9:3; 14:16, 17; 15:7; 27:9, 10, 11, 12 stipulated [1) 3:4 stop [5) 20:19; 31 :8, 9, 11 , 12 stopped [3] 20:21, 22; 33:3 stops [3] 30:12, 15, 16 street [4] 8:2; 10:23; 12:14; 16:15 streetlights 11J 12:12 strike [1] 27:10 struck [4] 17:21; 18:22, 23; 29:11 stuck [2] 32:3, 4 subsidiary [1] 25:6 suffer [1] 21: 8 suit [1] 23 :24 suite [1) 2 :8 supervisio n [1] 35:11 supplied [1 ] 15:19 sure [3] 17: 24; 18:2 sworn [2] 3: 10; 35:7 - T - t [6] 2:3; 3:3; 13:18; 35:2 taillights [1] 31:10 take [8] 9:19, 21 16:1, 5, 6, 11; 17:2; 25:13 taken [4] 1:18; 23:21 ; 35:8, 9 talk [1] 17:14 talked [6] 18:5; 20:23; 27:13, 15; 33:21 ; 34:3 talking [2] 17:17; 18:17 tape [2] 11:22; 12:6 technician [1] 23:18 telephone [1] 26:17 tell [5] 18:1, 19; .32:12; 33-11, 20 tells [1] 31:12 termed [1] 10:13 testified [1 ] 3:10 testimony [1] 35:13 testing [1] 5:21 than [15] 11:2, 5; 16:4, 6, 25; 17:7, 18; 18:8; 24:17; 27:13; 28:3; 29:14; 31:4; 32:18, 20 thank 11 ] 34:6 that's [7] 16:9; 17:3; 19:18; 20:16; 25:20; 30:2; 32:22 their [3) 24:14; 26:16; 27:11 them [9] 10:13; 17:14; 19:6; 22:25; 24:21 ; 25:21; 26:17; 29:8; 31:3 then [6] 3:17; 14:11; 18:221- 19:2 1 ; 22:20; 25:22 there [43] 6:23; 10:13, 18, 22, 25; 11 :6, 25; 12:1 , 8, 9, 11, 13, 16; 15:25; 16:13, 25; 17:12, 19; 18:20; 19: 10, 25; 20:1 , 23; 21:2, 14; 22:16; 23:2, 3, 15; 24:6; 26:9, 25; 27:3, 15; 30:15, 16; 31:11, 20, 23, 24; 32:2; 33:2, 5 thereafter [1) 35:10 thereof [1] 35:17 these (3] 10:11; 15:4; 26:14 they [21 ] 1 0:3, 4, 9, 10, 13; 14:2, 1 1 ; 17:15; 20:9; 21:24; 22:2; 23:19; 25:4, 7, 13, 15; 29:7, 14, 15, 16 things [1] 26:14 think [2] 28:21; 31:24 this [27) 4:13, 14; 7:1, 2, 24; 8:24; 9:13; 10:6, 7; 16:17, 18; 18:18, 19, 21; 20:18; 21:1; 23:2; 24:17; 25:3; 27:1 , 6, 9, 15, 19; 30:13; 32:11 ; 33:22 those [2] 15:7; 18:2 though [2] 14:17; 31:16 thought [1] 31:11 three [2] 19:2, 3 through [3] 14:6; 21:19; 26:16 throughout [1] 6:3 time [28] 1:15; 3:7; 6:2; 7:20, 21; 8:11, 15, 24; 12:13; 14:14; 21 :1 , 6; 22:3; 24:8, 9, 1 1 ; 26:18; 27:1 1 , 18, 24; 28:16; 29:21 ; 30:3, 7; 33:18, 22; 35:9, 14 titled [1] 28:25 today [6] 6:16; 15:16, 24; 24:17; 27:15; 28:20 tomasko [11] 2:3, 21 ; 3:13, 14; 18:4; 23:9; 29:13; 30:25; 31:2, 5; 34:6 took [2) 16:7; 17:7 top [1] 32:24 toward [3] 8:8; 11:10; 13:22 township [2] 15:10; 24:13 tractor [1 ] 6:14 traffic [3] 10:23; 21:2, 5 trailer [1] 6:14 transcribed [1] 35:10 transportation [11] 5:10, 14, 15, 18, 19; 6:8; 9:14; 13:6; 21:16; 26: 4, 11 travel [5] 5:25; 11:5, 10; 20:20; 31 :25 traveled [2] 5:17; 6:1 traveling [ 4] 8:8, 1 1 ; 30:19-1 33:18 trial [1] 3: 7 trindle [8] 8:1; 1 0:1 9; 12: 11, 20; 20:18; 21:2; 23:22; 29: 6 trip [1] 10 :15 trips [1] 6 :6 true [2] 21:4; 35:12 trying [1] 33:6 turn [1) 14:9 turns [1] 33:6 two [2] 11:13; 13:8 type [10] 4:8; 5:23; 8:18; 12:14; 18:21; 22:2, 17; 25:18, 25; 31:16 - U - u [1] 3:3 uh-huh [10] 4:15; 12:18; 14:21, 23; 18:16 19:4; 22:1 , 15; 24:3; 28:2 under [1] 35:10 understand Ill 4:16 understanding [11 31 :3 united [1] 6:3 unquote [1] 18:21 until [3] 24:7; 27:6; 30:9 up [5] 10: 12, 24; 21:17; 24:7; 26:7 upkeep [1] 5:22 used [2] 14:24; 15:2 using [4] 13:16; 30:3; 3 3:23; 34:2 - V - v [1] 1:5 van [32] 8:18, 19, 20, 22; 9:17, 19, 23; 12:23; 17:21; 18:18; 19:16, 22; 20:9; 21 :1 1 , 23; 22:9, 21 ; 23:4, 5; 24:2, 23; 25:24; 27:9; 28:4; 30:14; 32:13, 18, 21,24; 34:3, 4 vehicle [25] 7:3; 8:15; 9:13; 10:6, 7; 17:18; 18:7, 22; 19:16, 20; 20:18, 19; 21:22; 22:2, 14; 26:14, 25; 27:19; 28:9, 11, 14; 31:7; 32:14; 33:13, 15 vehicles [11] 5:21; 19:1, 7, 10; 22:23; 23:21 ; 25:14; 28:3, 6; 33:2, 5 very [1] 29:24 vision [1] 6:24 - W - waived [1] want [3] 18:14; 22:5 wasn't [3] 13; 32:19 3:6 17:1; way [10] 4:21 ; 10:16, 17; 11:19; 30:6, 13; 32:2; 33:10, 22; 35:16 we [20] 3:14, 17; 6:1; 7:1; 9:24; 12:14; 17:15, 17; 18:5, 9; 20:17, 22; 22:22; 27:13, 16; 28:21-1 31:24; 33:21; 34:3, 6 wearing [1] 6:23 weather [1] 9:7 wedding [1] 28:22 wednesday [1] 1:14 well [11] 6:4; 9:1; 12:10; 15:2; 22:22; 23:5; 25:4; 27:1; 31:1 7; 33:3; 34:3 went [2] 10:14; 22:22 were [50] 5:16, 24; 7:2, 17, 19, 20, 21; 8:6, 8, 11, 15; 10:6, 11, 15, 16; 11:5, 25; 14:2; 17:15; 18:2, 9, 17, 20; 19:10, 12; 21:14, 23; 22:2; 23:21 ; 24:6; 25:7, 13; 28:16; 30:6, 16; 31 :1 1 , 20; 32:3, 13, 23; 33:2, 5, 6, 17, 23; 34:2 weren't [1] 30:3 west [3] 6:4, 6; 8:7 westbound [4] 11:5, 14; 20:19; 21 :3 whatever [1] 31:10, 27:14 whenever [1] 30:10 where [12] 3:23; 7:14, 25; 8:1.1 ; 10:19; 16:18, 21; 20:22, 23; 23:1 , 19; 26:17 whether [9] 9:10; 10:18; 20:9; 21:11; 24:25; 26:25; 30:12; 31:20; 33:5 which [10] 5:12; 8:6; 13:15; 15:18; 16:4; 23:2; 26:7; 29:4; 31:24 who [4] 5:2; 10:9; 27:24; 32:8 whole [3] 25:15, 16, 19 whom [1] 4:23 why [1] 27:2 wife's [1] 28:25 will [5] 3:17; 4:13, 20; 18:19; 28:21 william [1] 2:8 winstar [4] 8:17; 12:22; 27:9; 32:24 witness [5] 2:20; 4:7; 29:11; 35:6, 13 words [1] 11:13 work [5] 5:4, 8; 30:7, 8, 11 worked [3] 5:2; 27:5; 30:9 working [3] 7:21; 10:16; 30:20 would [39] 5:21; 7:6; 8:3; 9:19; 10:1, 4, 25; 11:4, 5, 12; 12:2; 13:8, 25; 14:5, 9; 16:17,, 18; 19:15; 20:3, 14; 21-11, 2; 23:4; 25:3; 26:9, 20; 28:12, 13, 24; 30:4, 7; 31:17; 32:8, 9; 33:8, 13, 16, 19 wrong [1] 16:17 wrote [ 1 ] 21:17 - X - x [1] 2:19 - Y - year [2] 7:9; 10:3 years [4] 5:5; 10:11, 14; 29:12 ymca [2] 8:3; 33:7 your [55] 3:20; 4:3, 1 9; 5:16, 24; 6:16, 20, 21 ; 7:19; 9:14; 10:16; 13:6, 8; 14:16, 24; 15:5, 17; 17:21 ; 18:18; 19:16, 22; 20:1 , 8, 17; 21:15; 22:16; 23:4, 5; 24:2, 19; 26:3, 1 1, 23; 27:3, 1 1, 24; 28:14, 25; 29:2, 15, 21; 30:1, 4, 6, 13 , 17, 22; 32:5, 20; 33:13, 22, 23 yours [1] 17:18 PENNSYL\-'ANIA NEUROLC1GIC SL ;N-SC)Ci ATE" and SLEEP HEALTH CENTER ,i'ucri W HrcL, ALD. September 9. 2009 A m i- of ; HFR 1 N 'T NA[L)k AL AOL-11' Franc I {arncin, hi.D. Liana 1. iN1.1). \ rcian C. F:urciml,, N,.ID l:onald 'i omasko. L='?Cluirce James Smith Uietiericl, &, Connelly. LL.I' 1.;4 Sipe Avenue 1-1 ummelstovvn. l'A 17030 PIE: HARRY B. LAUGHLiN 11 DOB: Oii?3/190 I am seem-, Mr. Harm- L.au',r,111in fin" 11CL11"oloIIC31 C31-C. n? you know. pie was involved in <m auto accident in 2003. •fhis accident lent him with severe headaches. dizziness, nausea. Heel: ti« hl.ness and neck pain, numhnesS in the left arm, memory loss, right leg pain. and seizures. HIS symptoms 111.1vc been ?ettin hotter., but unfortunat=ely lie was involved in another auto) accidem on 10011/00. After tihc second auto accident.. he complained bitterly of worsenini-? headaches, dizziness. nausea. hlurr\ vision. memory loss. difficult.v ret.a.ining information, depression. and anxiety. The back and neck pain poi si[?nificantiv worse and so did the left shoulder pain. Mir. LauL*hiin has been sccn iiv my partner. 1.)r. Praneis .lanton. COT evaluation and treatment of severe insomnia. by Ur. Royer for evaluation and trc.)tmem of depression and anxiety. and l,v [>r. Lupinacci f<n evaluation and treatment of neck pain. low bacl< hail;. and left shou)dct. Pain. 1 have been trcatin, Mr. Lau1_*i1ln fo- the past several vea"? for innactahle headache, that have "ottcn more scvcrc after hie 10/31/00 car accident and also for Seizures. Should you have further queShona. please do not hesitate to conteci my office. Sincerely YOU Liana 4 za. M.U. t .[I_/1()1 ES#: 01409321 J ,?, S.P 1 4 ZDQ9 1(i Lowther Street. Lcaloyne, PA 17043 Phone 717; %74-""0" Fa.-: (717) 7%4-"6_',4 Fax: liar 4 2010 11:49am P002/004 Februan' 2, 2009 Andrew Dowling, Esq. Mace, Evan- & Woodside 0401 North Front Street Harrisburg, PA 3 7110 PATIENT: HARRY LAUGHLIN, I1 ACCT #: 38796 Dear Mr. Dowling: This is a special report on Harry Lau :hl.iu, which you bad requested. Ham. is 45-year-old genfleznan who has been lmovi to our practice since 1?J1 6/04. He was referred. hem by Dr. Liana Lazz. At -that time he had injuries related to a .head-on collision with a tractor-trailer. We began treating him for a traumatic brain injury, cervical neck pain, and left upper extremity radiculaa Vmptoms, with evidence of spinal stenosis at C4-5 and CV6-7, and low back and right lower extremity radicular symptozos. We have been following alone. Dozing the time of our initial treatruent with him; ' he developed-left shoulder pain fohowmg a fall, with evidence of degenerative. change of the AC joint and mild. rotator cliff tendmopathy. We treated him with various medica-tiow, for pain control, physical therap3, modalities and various in therapies for neck, back, and shoulder pam during our Treatment. He continued to follow with Dr. Laza for post concussive syndrome with traumatic brain miaay, and. also required psvchiau'ic support for increasing anxie*, and depression related to his post concussive- syndrome. AdditionaDy, he was followed by Dr. Laza. for a seizure disorder. We have continued to see.Harr for these issues, and we last saw him prior to his most recent accide rr on 1011.810E ,On 11,20/06 Hamm, was sem again. Be reported tl~:t he had a second motor vehicle accident. He: was driving a BlvrWss using. a •sentbelt. He carne to a stop at an mtr-rsection and was icar-ended by a corporate van. He thought that he possibly hit his bead on the steering wheel, but was unsure of this. He :reported that thr two. cars ended up piling up on the van that hit him, so he was actualh' jarred tbree.times all togethe,. His memories of the event were hazy. He -vas taken to Holy Spirit Hospital. He had x-rays of his left shoulder and ankle which were normal. He had some, soft tissue swelling of his medial ankle at that time. Be rmoried some increased blurry vision, a headache, low back: pain which was a bit worse, as well as necl-, pain after the accident. He noticed some swelling of his left shoulder, and left ankle which did subside. He complained of paresthesia in the dorsum of his left fool, which he said -he did not have at all vrior to the accident. That day he had moderate discomfort on palpation of the cervical spme. Negative tenderness to palpation of the lumbar spine. He had hill flexion and righi lateral bending and rotation of.the cervical spin.e. He bad 70°/o range of mown with left lateral bending and rotation, about.30 ro range of motion for neck exlensiolz, apparently due to pain. He did have some tenderness to palpation of his trapezius, sternodeidomastoid muscles, primarily on the left side. He states he had some pain. shooting down bas artn. He pointed to the. medial aspect of his upper arm. He. did have full range of motion. of his bilateral should--ts, although the. last 20°/o of flexion and abduction increased his pain. in his 'left shoulder, Muscle strength is 5/5 in. his bilateral lower extremities and right upper.extremin, Left uvner.z%tremitti' approximately 4 to 4-/., 2/4 DTRs in bilateral upper ex-treniities. Sensation intact to ii_hc touch in bilateral upper extremities,. although he has some decreased sensation in the cicnsum of the l:.fI foot along the first and second metacarpal bones. He bad full range of motion of the lumbar spine without tendernes . Good strength in the lower e%tTeinities. Sensation intac.. D7Rs intact m lower extremines. Impressions at that rune included cervical stenosis with. left upper extremity radicular symptom; , new left foot paresthrsias, history of seizure disorder, anxiety/depression, xnd legit shoulder pain, Ph1•sicia;ti d nchaii:??siior,,'.. ' 1 i r1f'- ' fi;C - atiys:?,i raeatunc . Nambtlar?von , aectr,.W?OroSG , w ? ? try ,? , a. b2i:h3c1 :. 11SrA?tiCC7,. IV1 Li Vr'itIizr, F.. Rolle, Fr.. NICi Jmxxiier'L. Tanne., PA-C Rcbccca H. I,.izngeafelcez. €A-C fCclleT' Simpson Y.y.-C Michele k:aufmar,- 11A,C lanrascer Boulevar3 - 17.; P.U. Sor 2OZ8 Mechanicsuurg, PA 'LORI Phone 717 69"1 -5,15 ' Far. 717 691-3834 Moom B18g., Suite a07 U Iond4ndrr • kcL 4 3 1 F-42rrisbtmg, PA 171N Phone 717 561-4242 Fax 7T7 561=4963 -'-Pri5m6rs.C0rr- Fax: Mar 4 2010 11:50am POD/004 Page 2 Ham, Laughlin, u PP 11 S 02/0?/09 ? Al that tunt we decreased his ll.liram ER to 200 m- because of dizziness- He was given a prescription for Trazodone for sleep rand we were going to M- w obtain nnagiug, studies froze. Holy Spirit Hospital. ci= ins v k r qil `axon He was again seen on 3 l,n-2/06. He continued to have radicular pair. to his leR.. shoulder with some Spine wlsdiictr Py, - manbness and constant pain in his neck. Be continued to -wear a cervical collar after having had a recent MVA -on I0.?-1/06. Since that accident he has also had some low backpain, and has continued. to have some left foot numbiaess os well. it is notable that. prior to his.K V A of 10131/06 his low back pain had previous]}< resolved and it was no longer on the impression list, for which we were treating ]lire prior to that date. Or 1.l 22/06 we recommended we continue his ccctreizt medications. N+7e ordered an, MRI of his I. $rsa=turi Odvx4+ ' x[vur cervical and iurnbar spine to evaluate for any changes since his auto ac?iderit.since, his syprams had r.r„?,T.eati^ increased, P..*nd5ii,mtio: .. ri:rnCpk7Qnor ' •Hc was again seen on 12 /Lo/06. He• contiuued on his present medications. lie continued in a cervical ` neck collar. He was still havino.significant cenlical neck: pain with overall :pain being -8/10. He }•? F?? ` continued to have low back pain with radictziar symptoms down his right lateral thigh, wjaich stopped at his knee and thert was some aumbness in his calf on the fiLht a . He was again seer) -on U 1 /1.6/0 i . He reported that his cervical neck pain had increased and that. his left 1w shoulder pair, and low back pain had increased. On that date he had a Inft AC joint injection into the shoulder, joint: He was continued on his present medications. He was agaixi seer or! 03/19/0?. Vi'e ; T'hch; f L F IND Luio=, 1 repeated a cervical epidural steroid 1njtctjoII: He was seen on 05/1.6/07. •He was again seen. on . . c , IJiluam . I;ri[l gviD i: .07/16/0". Following that visit we scheduled him for lumbar epidural steroid inJecdom. We saw 'him , .. on 03/29/07. The injections did help his badlc. Re obtained significantly more relief from the.second injection- He continued to have back.pain with right lower extremity radiculm- svmrnoms, cervical neck pain, witb bilateral upper extremiTy paim, left greater than right, and left shoul'de- pain wilth, evidenec of left AC joint degenerative changes. 'We had elected to update his left shoulder 14P.1 and having him see DrSteven Dailey regarding his shoulder symptoms. He again had a cervical epidural steroid injection on 09/13/07. Jennifer L• Tanner, PA-C We again saw him on 10/13/07. He again lead. improvement from the cervical iznjections. Ile was Still Rc6,?cca H. Lagmf8m; PA-C . bovine left shoulder paw. although file left AC. joint inniection helped him sixtiz3cazxtl5'. His left h d fteF Szznpaoa. Pd,-C )vii h il F: i s oul er Wd showed left rotator cuff tendinopathy and AC joint arthropat).m He was going to"br ` e e su man'Pa-c .. scheduled to see the orthopedist for that He was again seen on 11128/07: He had not yet seen an orthopedist. He had requested •to go to Washington to sec an orthopedic surgeon and therefore we requested an orthopedic consultation from that dornain. Vie again saw him on 04/16108. There bad been a gap in his care because he reported that his father became very ill and he needed' to move to 'Vashington to help care for him, His stay there was comphcated by a seizure and b.ospimlization. His license was suspended because of the seizure. He was moving back to our area the.followirc, month. He subsequently had a cervical epidura) steroid injection on 04/17/08. He was seen again: on U610910S. 175 Ile wa<. felt m have cervical radiculit% K ith left amt wealmess. U.o bo- 202S , Ntcc'tmnicsuu r,-. PG. iZ.kTs:: He again had another cen,ica) epidural steroid inicction or, 06/19108. Ht was aQaini seen on 07/07/OE Phone 717 69,-37s He continued on pain medication many -cmenL He also received a left subacromia. showd, injection Fa • -T? 60,-3834 .• . He subsequently had. a lumbar epidural steroid injection dun: on 07;8/08. He was seen on.07,71/08 . He had improvernent froze. the first lumbar epidural steroid injection and was scheduled for a second lumbar epidural steroid iniection. He was again seen on 11/1$/08.. Ht had been doing, somewhat floor Sum: c, , better, as he had discontinued his femanyl patch. He. continued to get intermittent sb6ulder discomfon 43 J0 Loudov?orrr r{a I inrrist vrz Pr. 17109 Phone 71 7 56-424? Fax 7 i7 561-49D3'\ kyrx•. o rismcL--tom Fax: pa Ham' ? .au;`h Iin, 11 02/02/09 Mar d 2010 11:51am P006/001 ,I P FIJ S: . ..: lndusma r.:' Zpine A(edicine, =v. 1^ t'1lVSl.;.ai -ftd1cm . ,M1wrtaanon searodieavss¢ .92 Hr '? y ay CL 1?u.clxau _. Luoi.^_c;,i, MLA ?tiu?m A- ?ol1c, k., A1G?' depunding on different movements and activities. He was cloine some lifrine at t11e gvm of eery. I.iJit . ^hts- On close review, of his medical records for the entire. period of our lcnovvin 1vir. Dmg-blin, it is my opinior:, 'with a reasonable degret: of medical =rtaintz- the 1013.1106 accident caused a new injury to, his lumbar spinc, 'as his prior lumbar.symptoms from his first accident tract resolved by the date of,, the second accident. Therefore. his imnbar injury represents anew occurrence. Ht did have a history of cervical .Heel pair, prior to his I0,1q 1106 accident, however, it is clew- that his symptoms and required tmatment.escalated significantly,afier the 10/31106 acciden representing $n aggravation. and his symptoms have not retumcd to their pre 10131 /06 baseline level. He also bad left shoulder pain prior to his 10/31/06 accident, but again, his syMptotns S' . 1cant ly escalated and the =atment need, signif'icanth, escalated following the 10131/06 accident. Therefore, fiis 10.'31106 accident represent; an aggravatim of a left shoulder injury. Those sympwms'also have. not yet returned to the pre I0./31106-accident baseline. level. It remains a strong possibiliry that his cervical spine .and left shoulder will rqui:Tc surgical repair in the future. It is dif-icult to assess when that will occur, or to what extent he will need surgery, but the Iiktaood is high. 1 am presen y unable to give you a cost of tlxnse potential surgeries, as the surgeries may take.vcry different for=. depending on the developmezm of pathology of his symptoms over time and. surgical tecinnolop, ovortirve. If you have am ; pecifi: questions, please do not.hesitatc to contact me Sincer?iy, Michael F. Luptnacci, Iv .D., FA:kF-M DAT D4,$PM,CIME 'Medical Director Pb.vsical Medicine and P ehabilitatior Hoard Certified, Pain Medicine MFL/D S-11= Dictated; 02/02/09 Transcribed: 02/03/09 icnnifer'L-Tiancz, t?A-? 1;.cbcc.? H. I3ng?felz?, t?A-C Iielir_r Simpson, PA-C Mididic Kaufman, P,4-.C T?- 7 % 1ancssir ' h•;tr_ ?. buulCvdO..,'.:. ' P.O. bar zO:F, Mccaanicsburc 1'r ?7f+'?` Y Phone 717 691375 "r&, 717 691-3834 °- Bloom Slag., Suit,: 16? 1 <r3Ia Lonaondern, Ri . tt1rL'19btx[?a X'n. i % 104 None 717 561-4242 (aY 777 s61-49W, CHRISTOPHER ROYER, PsY.D. DONNA M. STRUCK, PSY.D., LPC CLINICAL NEUROPSYCHOLOGY CLINICAL PSYCHOLOGY COUNSELING 2/125/10 Ron Tomasko James, Smith, Dietterick & Connelly, LLP PO Box 650 Hershey, PA 17033 Re: Hairy Laughlin Dear Mr. Tomasko. I am writing in reference to my patient, Larry Laughlin. Fie has asked me to clarify his status prior to a second MVA that occurred in 2006. At that time, he had been malting a nice recovery from his earlier accident, such that he and I were discussing the possibility of looking for some type of employment. As a result of the accident in 2006, he was not able to pursue this goal, and he experienced a significant exacerbation of his symptoms, as well as new injuries treated by. Dr. Lupinacei. Sincere;' Christophe over. Psy.D. Clinical Neuropsychologist Licensed Psychologist 3314 MARKET STREET • SUITE 200 • CAMP HILL, PA 17011 PHONE 717-761-6171 • FAX 717-761-6173 .- July 21, 2009 Comprehensive Diagnostic Center Attn.: Frances R. Gartner, Esq. 1200 E. High Street, Suite 217 Pottstown, Pa. 19464 Vincent R. Avallone, Jr., D.O. Donald D. Diverio, Jr., D.O. Paul M. Simonelli, D.O. Board Certified, Diplomates A.O.B.O.S. Dear Mr. Gartner: RE: Harry Laughlin On July 21, 2009, I had the opportunity to perform an Independent Medical Evaluation on Harry Laughlin. The patient is a 46-year-old, right hand dominant gentleman who presents for the purpose of an IME with complaints of neck pain , left shoulder and arm pain, chronic back pain, leg discomfort, pain in the left foot. The patient relates the symptoms to an accident which occurred on October 31, 2006. At that time, the patient was the restrained driver of a vehicle stopped at a traffic light. The patient was rear-ended initially. A second vehicle struck the vehicle that struck him and he had a second impact into the back ofhis car. The patient denies any loss of consciousness. He was taken via ambulance to Holy Spirit Hospital, evaluated, and subsequently released. The patient has a history of a previous motor vehicle accident on December 29, 2004, for which he was still having treatment when the second accident occurred. He was employed as a medical salesman involved in a head-on collision on December 29, 2004. The patient was treated for an ongoing seizure disorder, postconcussive syndrome, neck and arm pain, shoulder discomfort, and back discomfort. Following the second accident, the patient continued to be treated by Prism Physiatrists with physical therapy, a series of epidural injections and soft tissue blocks for both his back and cervical spine, injections to the left shoulder, and multiple medications. Unfortunately;,the patient continues to have symptomatologies. The patient also had a third accident on.October 6, 2007, when he had a seizure while driving. His car went off the road and he was seen in a hospital in Maryland, kept overnight for observation, and released. The primary question is which injures were sustained by Mr. Laughlin on October 31, 2006. He still complains of headaches, blurred vision, difficulty concentrating. He no longer drives due to his seizure disorder. The patient complains of neck and left shoulder discomfort. He has back pain. He states the left great toe causes pain and occasionally dislocates according to the patient. The patient did not bring any x-rays studies to the office for the evaluation, but I have multiple reports available for review of studios which have been done. The patient denies loss of bowel or bladder control. He denies change of pain with Valsalva maneuvers. He denies leg weakness. He has occasional night pain. He has discomfort into his left arm with occasional weakness and some tingling into the left ring and small fingers which occurs with position. The patient is somewhat of a poor historian with difficulty eliciting details and dates of activities. Continued on page 2 800 New Holland Avenue, Colonial Business Center, Lancaster, PA 17602 • 717-299-3077 • FAX 717-299-3241 801 Orange Street, Lebanon, PA 17042 • 717-270-6900 • FAX 717-270-8900 183 North Reading Road, Suite 11, Ephrata, PA 17522 • 717-733-5440 • FAX 717-733-5441 Satellite Offices - Elizabethtown • Lititz Sports ]Medicine • Pediatric Orthopedics - Arthroscopic Surgery • Fractures • Hand Surgery • Spine Disorders • Total Joint Replacement • Industrial Injuries Page 2 RE: Harry Laughlin DATE: 7-21-09 His past medical history is positive for seizure disorder, sleep disorder, chronic pain. His past surgical history is positive for excision of nasal polyp, excision of ganglion cyst right forearm. Medications: Topamax, Keppra, Soma as needed for pain, Ambien for sleep, Trazodone. The patient also states he has been on a Fentanyl patch and Duragesic patch in the past. He occasionally uses a Lidocame patch for low back complaints. HE HAS AN ALLERGY TO NAPROSYN AND PENICILLIN WHICH CAUSES A RASH. Social history is negative for smoking or drug use, positive for occasional alcohol use, i.e., beer. The patient had been employed in medical sales in the past. He has not worked since December 29, 2004, as a consequence of a motor vehicle accident. Review of systems is positive for postconcussive syndrome, seizure disorder, sleep disorder, chronic pain, neck and back pain, left arm discomfort, left shoulder pain, and pain left foot, otherwise unremarkable upon. a ten system review of the chart. On evaluation, he is 60", 179 pounds. The patient appears to be walking in a normal gait pattern. He is alert and oriented, but has some difficulty relating details with the injury. The patient was placed in an examination gown. He was able to get on and off the exam table with no significant difficulty. The cervical spine was evaluated. He has tenderness over the paraspinal musculature on the left. He has a trigger point over the left trapezial area. There is no sign of muscle atrophy or asymmetry. There is no sign of winging of the scapula. There is no sign of skin lesions, erythema, or ecchymosis. He has slight discomfort with hyperextension of the cervical spine, side bending, and right rotation. He has a negative Spurting, although he complains of pain in the left trapezial area with this maneuver. He has no marked pain with shoulder shrugs. With abduction arc, he complains of pain about the acromial area. He has mild discomfort over the AC joint to palpation. He has mild pain with impingement and modified impingement maneuvers. Negative drop arm test. He has no discomfort with resisted external rotation, forward flexion of the forearm. There is no sign ofbiceps deficits. He has normal sensation over all dermatome areas. He has an absent triceps bilaterally. He has a +1 brachioradialis reflex bilaterally. He has a +1 biceps reflex bilaterally. He has normal pulses. He has good capillary refill. There is no sign of lymphedema. He has no weakness of the wrist extensors or flexors. The lumbar spine was evaluated. He has a slightly increased lordotic curve. There is no sign of pelvic obliquity. There is no sign of muscle asymmetry or atrophy. There is no sign of skin lesions. He has tenderness over the lumbosacral junction, but I do not elicit any specific trigger points. He has slight discomfort over the SI joint area. Negative sciatic notch pain„ Negative straight leg raising. Negative sitting root. He complains of back pain with fabere's maneuvers, butno groinpain. He has a+1 patellarreflex, absent Achilles reflex bilaterally, and EHL strength appears to be intact. There is no gross sign of decreased sensation on the left compared to right. Negative Clonus. Negative Babinski. There is no sign of lymphedema. The patient's left great toe, despite his complaints of dislocation, is quite stable with range of motion. He has some mild pain over the MTP joint to palpation. There is no marked restriction of flexion and extension. He has no pain with grind maneuvers. Continued on page 3 Page 3 RE: Harry Laughlin DATE: 7-21-09 The patient did not bring actual x-rays for evaluation, but a multitude of reports were available. He has x-rays from October, 31, 2006, of the lumbar spine showed minimal degenerative changes. The cervical spine shows degenerative changes at C4-C5 and C5-C6 which are moderate in nature. The CAT-scan of the head was negative. The patient has x-rays from November 12, 2006, ofthe shoulder which are unremarkable and of the ankle which were unremarkable. An MRI from November 20, 2006, of the lumbar spine showed mild degenerative changes at L3-L4 and L4-L5 with mild foraminal narrowing, but no marked neural compression. The MRI of the cervical spine from November 8, 2004, showed moderate disk degeneration of C4-C5, C5-C6, and C6-C7 with foraminal narrowing and some neural compression. The MRI from June,6, 2006, and November 30, 2006, once again showed degenerative changes which mild foraminal narrowing. There are no changes from the MRI of June 6, 2006, to November 30, 2006. He has anE.LMG dated August 6, 2005, of the upper extremities by Dr. Lupinacci which was found to be unremarkable. The MRI of the left shoulder from January 10, 2006, showed AC joint osteoarthritis, mild rotator cuff tendinopathy without tearing. ASSESSMENT: Postconcussive syndrome. Seizure disorder secondary to head trauma from accident of December 29, 2004. Cervical disk disease (preexisting) with aggravation of left radiculitis. Lumbar disk disease with mechanical back pain, chronic. Mild impingement left shoulder with AC joint DJD and intact rotator cuff. Chronic depression and anxiety. Chronic pain. During the course of the Independent Medical Evaluation, I had the opportunity to evaluate medical records from Holy Spirit Emergency Room from 10-31-06; medical records from Dr. Laza of Neurology; medical records from Prism Rehabilitation Services by Dr. Rebecca Lingenfelter, Dr. Michael Lupinacci; multiple reports of epidural injections to the cervical spine and lumbar spine by Dr. Rolle; reports of injections to the right shoulder (x3); physical therapy notes from Drayer Physical Therapy; Kenwood Physical Therapy, and HealthSouth Physical Therapy; medical records from neurology from 1-20-04 by Dr. Dukkipati; medical records from Johns Hopkins dated 7-10-06 by Dr. Lessen; medical records from 10-6-07 from Suburban General Hospital. In terms of your questions concerning injuries that occurred on October, 31, 2006, I do not think the patient suffered any new injuries. The patient did, however, have an aggravation of,preexisting cervical disk disease and mild left cervical radiculitis. He did have an exacerbation of mild lumbar disk disease. The patient's postconcussive syndrome, seizure disorder, and left shoulder complaints, in my opinion, have been ongoing problems since his initial injury of 2004 based upon evaluation of his previous studies which have not changed perceivably as a consequence of the accident of October 31, 2006. Upon review of the medical records concerning the accident of October 6, 2007, I do not think the accident itself had any adverse effects on the patient's symptoms or caused any exacerbation or worsening of his symptomatologies. Continued on page 4 RE: Harry Laughlin Page 4 DATE: 7-21-09 In my opinion, the patient's prognosis is guarded, primarily due to the ongoing postconcussive syndrome and seizure disorder which has been a consequence of the injury of 2004. He did have an exacerbation of cervical disk disease and lumbar disk disease which has been treated at the pain center quite adequately. Unfortunately, the symptoms have not improved for any significant long term period of time or have allowed him to improve his functional ability to any dramatic level. In my opinion, thepatient has reached maximum medical improvement as a consequence ofhis cervical and lumbar disk complaints. The patient clearly has ongoing neurologic problems from his postconcussive syndrome and seizure disorder which will be a permanent problem and require constant care and monitoring. The patient has had multiple epidural injections for his cervical and lumbar spine areas, the effects of which afford him some short term improvement. but no long term significant relief For this reason, I feel he has reached maximum medical improvement for both his cervical and lumbar spine injuries which exacerbated a preexisting problem in the accident of October 31, 2006. The opinions rendered above are to a reasonable degree of medical certainty. If you have any questions, please contact our office. Sincei VRA:mer D:7-21-09 T:7-23-09 Vince,, July 29, 2009 PER DIEM, INC. Francis Gartner, Esquire William J. Ferren & Associates c/o Comprehensive Diagnostic Center 1200 East High Street, Suite 217 Pottstown, PA 19464 Dear Mr. Gartner: INDEPENDENT MEDICAL EVALUATION Exam Date: July 29, 2009 TODD L. SAMUELS, M. D. Claimant: Harry Laughlin DOL: 10/31/06 I saw Harry Laughlin for an Independent Medical Evaluation today. He is a forty-six year old, white male. I had seen him for an Independent Medical Evaluation on December 19, 2007 related to a 2003 motor vehicle accident. He is seen today in regard to an October 31, 2006 motor vehicle accident. He was the driver of a car that was rear-ended by a delivery van. The delivery van rear-ended him a second time after being struck in the back by another car after the initial impact. He was taken to Holy Spirit Hospital Emergency Room. He complained at that time of neck pain and bilateral arm pain as well as headaches. He states that he struck his chest on the steering wheel but is not sure if he hit his head. He was discharged after x-rays. Vicodin and a soft cervical collar were prescribed. Since the 2006 accident he has been complaining of increased neck pain, low back pain, and left shoulder pain. He also has right shoulder pain. He has numbness in the left ring and small finger and occasionally in the middle and index finger. He is being treated by Dr. Michael Lupinacci. He receives shoulder, neck and low back injections. He has had orthopedic surgery consultation but has not had surgery to this point. He states that his neck, back and shoulder problems were pre-existent prior to the 2006 injury but have been significantly worse since that time. Current medications include Flexeril p.r.n, Vicodin up to six per day, Lidoderm patch. He also has a history of seizure disorder for which he sees Dr. Laza. He takes Topamax 200 P.O. BOX 387, NEW CUMBERLAND, PA 17070-0387 PHONE (717) 901-930 Web Site: http://www.perdieminc.com 1-800-839-773 vJuly 29, 2009 2 RE: Harry Laughlin DOL: 10/31/06 mg b.i.d. and Keppra 500 mg b.i.d. He has a history of depression for which he sees Dr. Royer. He takes Trazodone, Klonopin, and Ambien. He has persistent insomnia. The patient states that symptoms related to his prior head injury were unchanged after the 2006 accident. He was involved in another motor vehicle accident on October 6, 2007. He was found walking along the street after his car rolled over into a ditch. He had not been taking his anticonvulsants and this accident may have been caused by a seizure. No specific injuries were reported. On examination he has decreased range of motion of his spine in all directions. There is pain to palpation over the paracen,ical and trapezius muscles as well as the lumbar paraspinal muscles bilaterally. He is alert and attentive but slow to respond at times. Pupils are 4 mm bilaterally. There is no opthalrnoparesis. There is no nystagmus. There is no facial weakness. He has full strength in both upper and lower extremities. There is a shoulder impingement sign on the left. Deep tendon reflexes are 2+ and symmetric. Gait and coordination are normal. Tandem gait is normal. Romberg test is negative. He cannot walk on his toes on the left due to left great toe pain. Imaging studies in the past have revealed cervical stenosis at C4-5 and C6-7. Mr. Laughlin has neck pain, bilateral shoulder pain worse on the left, low back pain and right lower extremity radicular pain all related to the October 31, 2006 accident. The symptoms were present prior to that accident but were significantly worse after the accident. Current treatment by Dr. Lupinacci is made necessary by injuries received in the October 31, 2006 accident. Seizures, depression, insomnia and post concussion symptoms were not affected by the October 31, 2006 motor vehicle accident. He can work at a sedentary position with restrictions as outlined on the enclosed work physical capabilities form. The October 6, 2007 accident did not affect his condition. His prognosis is guarded. He may need cervical and/or shoulder surgery. Please let me know if I can provide further information. Sincerely, Todd L. Samuels, M. D. TLS/amc Encl. HARRY LAUGHLIN, Plaintiff V. MAURICE BAKER and RITE AID CORPORATION, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-5040 CIVIL CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Plaintiff's Motion For Part' al Summary Judgment as to Liability and Causation was served on the following, this rte" ? day of July, 2010, via First Class U.S. Mail, Postage Pre-Paid: Francis R. Gartner, Esquire William J. Ferren & Associate 10 Sentry Parkway, Su' e 01 Blue Bell, PA 1 42 J /A Tiq a/L(Aj Rohald T. Tomaskd, Esquire' Pa. ID # 61190 Sean M. Concannon, Esquire Pa. ID # 205998 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 & CONNELLY CA/AL- It Ronald T. Tomasko, Esquire } Tyr RY Attorney I.D. No. 61190 Sean M. Concannon, Esquire 2010 'Ll 22 All i 1 62 Attorney I.D. No. 205998 JAMES, SMITH, DIETTERICK & CONNELLY Cl1i`. !'? P.O. Box 650 Hershey, PA 17033 rtt(ajsdc.com Attorneys for Plaintiff, Harry B. Laughlin, II HARRY B. LAUGHLIN, II, IN THE COURT OF COMMON Plaintiff, PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. . CIVIL ACTION - LAW MAURICE BAKER and RITE AID CORPORATION, NO. 08-5040 Defendants. PRAECIPE TO LIST FOR ARGUMENT COURT To the Prothonotary: The Plaintiff filed a Motion for Partial Summary Judgment as to Liability and Causation with the Court last week. Pursuant to Cumberland County Local Rule 1035.2(a) and 1028(c)(2), kindly list the matter for the next available Argument Court. A copy of this Praecipe is being simultaneously served upon counsel for the Defendants. Respectfully submitted, James, Smith, Dietterick & Connelly B Ronald T. Tomasko, Esquire Attorney I.D.No. 61190 Sean M. Concannon, Esquire Attorney I.D.No. 205998 P.O. Box 650 Hershey, PA 17033 (717) 533 -3280 (717) 533 - 2795 (fax) rtt@jsdc.com t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HARRY LAUGHLIN, NO. 08-5040 CIVIL Plaintiff V. MAURICE BAKER and RITE AID CORPORATION, Defendants CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Praecipe to List for Argument Court was served on the following this day of July, 2010, via First Class U.S. Mail, Postage Pre-Paid: Francis R. Gartner, Esquire William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 JAMES, SMITH, DIETTERICK & CONNELLY Ronald T. Tomasko, Esquire Pa. ID # 61190 Sean M. Concannon, Esquire Pa. ID # 205998 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 t' FLEL, IN THE COURT OF COMMON PLEAS OF" "f CUMBERLAND COUNTY, PENNSYLVA 11j: IL 2 7 r 'I 11'2_1: ??.?a:ss HARRY LAUGHLIN, NO. 08-5040 CIVIIEIJfwl' _ . Plaintiff V. MAURICE BAKER and RITE AID CORPORATION, Defendants CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the Praecipe to List for Argument Court was served on the following this day of July, 2010, via First Class U.S. Mail, Postage Pre-Paid: Francis R. Gartner, Esquire William J. Ferren & Associates 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 JAMES, SMITH, DIETTERICK & CONNELLY kan?d T. Tomasko, Esquire Pa. ID # 61190 Scan M. Concannon, Esquire. Pa. ID # 205998 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 WILLIAM J. FERREN & ASSOCIATES Francis R. Gartner, Esquire Atty ID # 49436 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1710 HARRY LAUGHLIN, II, Plaintiff E u The i ' f 29 0 J: F le L I-/ i .JUG ?q P? 3.5t? Attorney for Defendants Maurice Baker and Rite Aid Corporation COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA V. ; NO. 08-5040 Civil MAURICE BAKER and RITE AID CORPORATION Defendants DEFENDANT(S) RESPONSE TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO LIABILITY AND CAUSATION I PRELIMINARY STATEMENT 1. Admitted. II PLEADINGS 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. Discovery is ongoing. Attached hereto and marked as Defendant's Exhibit A is a copy of Defendants Request for Production of Documents Set II Directed to the Plaintiff. Defendants have recently issued record subpoenas to obtain copies of plaintiffs personnel file from his employer as well as a copy of the records of PMA Insurance Company regarding his claim for workers' compensation benefits arising from a prior accident. Defendants may retain a biomechanical expert to render an opinion regarding the lack of force from the impact and may also obtain supplemental reports from the IME physician who did not have any information regarding the severity of the impact at the time of the evaluations. Defendant may take the depositions of additional damage witnesses including plaintiffs employer and his ex wife. Since discovery has not been completed, Plaintiff s motion should be denied. Rule 103 5.2 of Pennsylvania Rules of Civil Procedure III DEFENDANTS RESPONSE TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGEMENT AS TO LIABILITY AGAINST DEFENDANT MAURICE BAKER 6. No response required. 7. No response required. 8. No response required. 9. No response required. 10. No response required. 11. No response required. 12. No response required. 13. No response required. 14. Denied. Defendant Maurice Baker testified that Plaintiffs brake lights were not working at the time of impact. "I realized that he wasn't moving. The tail lights were on. There were no stoplights. So I thought that he was moving because of the lack of stoplights tells me that he is moving and I realized he wasn't." P. 31, lines 10 through 13, Plaintiffs Exhibit D. Defendant Baker also testified that he does not recall seeing any vehicles stopped in front of plaintiffs vehicle., Page 33, lines 2 through 4, Plaintiffs Exhibit D. Although there is evidence to find defendant negligent for striking plaintiffs stopped vehicle in the rear, there is also evidence to support a claim of comparative negligence on the plaintiff. The jury should be allowed to determine whether plaintiff was negligent and whether plaintiffs negligence was the factual cause of the accident. IV DEFENDANTS' RESPONSE TO PLAINTIFF'S STATEMENT OF UNDISPUTED FACTS REGARDING PARTIAL SUMMARY JUDGEMENT AGAINST DEFENDANT MAURICE BAKER AS TO LIABILITY FOR NEGLIGENCE 15. (a) - (c) Admitted. (d) - (e) Denied as conclusions of law. Further, Defendant Maurice Baker testified that Plaintiffs brake lights were not working at the time of impact. "I realized that he wasn't moving. The tail lights were on. There were no stoplights. So I thought that he was moving because of the lack of stoplights tells me that he is moving and I realized he wasn't." P. 31, lines 10 through 13, Plaintiffs Exhibit D. Defendant Baker also testified that he does not recall seeing any vehicles stopped in front of plaintiffs vehicle. Page 33, lines 2 through 4, Plaintiffs Exhibit D. Although there is evidence to find defendant negligent for striking plaintiffs stopped vehicle in the rear, there is also evidence to support a claim of comparative negligence on the plaintiff. The jury should be allowed to determine whether plaintiff was negligent and whether plaintiffs negligence was the factual cause of the accident. 16. Defendants admit that the parties were involved in a motor vehicle on the date and at the place alleged. 17. There remain issues regarding the extent to which the plaintiff caused the accident and therefore summary judgment on the issue of liability should be denied. V. DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO LIABILITY AGAINST DEFENDANT RITE AID. 18. No response required. 19. No response required. 20. No response required. 21. No response required. VI. DEFENDANTS' RESPONSE TO PLAINTIFF'S STATEMENT OF UNDISPUTED FACTS REGARDING PARTIAL SUMMARY JUDGEMENT AGAINST DEFENDANT RITE AID AS TO LIABILITY FOR NEGLIGENCE 22. (a) -(e) Admitted. At the deposition of the Defendant Maurice Baker, Counsel for Defendants' learned for the first time that he was not operating the Rite Aid vehicle in the course and scope of his employment with Defendant Rite Aid. Plaintiffs Exhibit D, page 7, lines 19-23. 23. (a) - (b) Admitted as to what the stipulation states. At the deposition of the Defendant Maurice Baker, Counsel for Defendants' learned for the first time that he was not operating the Rite Aid vehicle in the course and scope of his employment with Defendant Rite Aid. Plaintiffs Exhibit D, page 7, lines 19-23. 24. Defendant requests that the motion for partial summary judgment against Defendant Rite Aid be denied since Defendant Maurice Baker has testified that he was not in the course and scope of his employment at the time of the accident and since there remain issues regarding plaintiffs negligence in causing the accident. DEFENDANTS RESPONSE TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO CAUSATION AGAINST THE DEFENDANTS 25. Defendants request that plaintiffs motion for partial summary judgment as to causation be denied because discovery is ongoing (see paragraph 5 above) and because defendants have not had an opportunity to cross-examine the expert witnesses. Defendants will present evidence establishing that this was a low-speed accident with little to no damage to the involved vehicles. Attached hereto as Defendant's Exhibit B are color copies of the front of defendant's vehicle. Attached hereto as Defendant's Exhibit C. are color copies of the rear of plaintiffs vehicle. Further, at the time of the accident, plaintiff was suffering from disabling injuries sustained in a prior motor vehicle accident. The opinions of the experts are based largely on plaintiffs subjective complaints of increased pain following the October 31, 2006 accident. The major issue in this case is Plaintiffs credibility. If the jury finds that the plaintiff is not credible, then there is no foundation or basis for the opinions of the expert witnesses and the jury could find that the accident is not a substantial factor causing plaintiffs ongoing complaints and disability. 26. No response required. 27. No response required. 28. No response required. 29. No response required. 30. No response required. 31. No response required. VII DEFENDANTS' RESPONSE TO PLAINTIFF'S STATEMENT OF UNDISPUTED FACTS THAT SUPPORT PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANTS AS TO CAUSATION OF DAMAGES 32. Denied. Defendants have not had an opportunity to cross examine Dr. Lupinacci with regard to what is stated in his reports. Dr. Lupinacci's reports are marked as Exhibit F. to Plaintiffs motion. In reviewing the attached report you will note that there are no diagnostic studies supporting a claim of a new injury from the October 31, 2006 accident. Dr. Lupinacci records that plaintiffs complaints following the October 31, 2006 accident were more significant. Dr. Lupinacci's opinion regarding causation is based on the credibility of the plaintiff which remains a factual issue. 33. Denied. Defendants have not had an opportunity to cross examine Dr. Laza with regard to what is stated in her reports. Dr. Laza's reports are marked as Exhibit E. to Plaintiffs motion. In reviewing the attached report you will note that there are no diagnostic studies supporting a claim of a new injury from the October 31, 2006 accident. Dr. Laza records that plaintiffs complaints following the October 31, 2006 accident were more significant. Dr. Laza's opinion regarding causation is based on the credibility of the plaintiff which remains a factual issue. 34. Denied. Defendants have not had an opportunity to cross examine Dr. Royer with regard to what is stated in his report dated 2/25/2010. Plaintiff was receiving disability benefits from his employer at the time of the October 31, 2006 motor vehicle accident and continued to receive the same benefits after this accident. Dr. Royer never released plaintiff to return to work following the prior work injury. Dr. Royer indicates that plaintiffs complaints following the October 31, 2006 accident were more significant. Dr. Royer's opinion regarding causation is based on the credibility of the plaintiff which remains a factual issue. 35. Denied as stated. Dr. Avallone was retained by defendants to examine and evaluate plaintiff. Dr. Avallone was provided with a copy of medical records but was not provided any information regarding the severity of the impact. A copy of the cover letter to Dr. Avallone is attached hereto and marked as Defendant's Exhibit D. Dr. Avallone's opinions were based on his review of the medical records, physical examination of the plaintiff as well as plaintiffs description of the accident and his injuries. The Plaintiffs credibility and the history provided by Plaintiff are at issue in this case. Defendants may not call Dr. Avallone as a witness. Defendants may also provide Dr. Avallone with information regarding the severity of the impact and request a supplemental report. Discovery is ongoing. 36. Denied as stated. Dr. Samuels was retained by defendants to examine and evaluate plaintiff. Dr. Samuels was provided with a copy of medical records but was not provided any information regarding the severity of the impact. A copy of the cover letter to Dr. Samuels is attached hereto and marked as Defendant's Exhibit D. Dr. Samuels' opinions were based on his review of the medical records, physical examination of the plaintiff as well as plaintiffs description of the accident and his injuries. The Plaintiffs credibility and the history provided by Plaintiff are at issue in this case. Defendants may not call Dr. Samuels as a witness. Defendants may also provide Dr. Samuels with information regarding the severity of the impact and request a supplemental report. Discovery is ongoing. WHEREFORE, Defendants respectfully request that this Honorable Court entered an order denying plaintiffs partial summary judgment motion on the issues of liability for negligence and causation of damages. WILLIAM J. FERREN & ASSOCIATES B CI*SR..1Cj& RTNER, ESQUIRE Att orney for Defendants WILLIAM J. FERREN & ASSOCIATES Francis R. Gartner, Esquire Atty ID # 49436 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1710 Attorney for Defendants Maurice Baker and Rite Aid Corporation HARRY LAUGHLIN, II, Plaintiff V. MAURICE BAKER and RITE AID CORPORATION Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-5040 Civil CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of Defendant's Response to Plaintiffs Motion for Partial Summary Judgment As to Liability and Causation was served on the following list 27th day of July, 2010, via first class US Mail, postage prepaid: Ronald T. Tomasko. Esquire JAMES, SMITH, DIETTERICK & CONNELLY P.O.. Box 650 Hershey, PA 17033 J. FERREN & ASSOCIATES BY: R. %?TNER, ESQUIRE A rnev for Defendants • C J Z2 ? 0 WILLIAM J. FERREN & ASSOCIATES Francis R. Gartner, Esquire Atty ID # 49436 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 (215) 274-1710 HARRY LAUGHLIN, H, Plaintiff V. MAURICE BAKER and RITE AID CORPORATION Defendants Attorney for Defendants Maurice Baker and Rite Aid Corporation COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-5040 Civil DEFENDANT(S) REQUEST FOR PRODUCTION OF DOCUMENTS SET II DIRECTED TO PLAINTIFF You are requested to produce, in accordance with Pennsylvania Rule of Civil Procedure 4009, the originals or clear, readable copies of the below listed documents and/or items unless protected by the attorney-client privilege or the work-product doctrine. These documents and/or items will be examined and/or photocopied; photograph negatives will be processed and photographs reproduced, videotapes and audiotapes shall be viewed and/or heard and a copy made. The below listed documents and/or items are to be produced at Defendant's counsel's office on or before thirty (30) days from the date of service herein. Such request is continuing up to and at the time of trial. DEFINITIONS A. "You" or "your" refers to Plaintiff(s) herein and to all other persons acting or purporting to act on behalf of Plaintiff(s), including agents and employees. B. "Communications" shall mean all inquiries, discussions, conversations, negotiations, agreements, understandings, meetings, telephone conversations, letters, correspondence, notes, telegrams, telexes, advertisements, facsimiles, e-mail, or other forms of verbal and/or communicative intercourse. C. "Documents" shall mean all written or graphic matter of every kind or description, however, produced or reproduced, whether draft or final, original or reproduction signed or-unsigned, and regardless of whether approved, signed, sent, received, redrafted, or executed, including but not limited to: written communications, letters, correspondence, facsimiles, e-mail, memoranda, minutes, notes, films, recordings,-of any type, transcripts, contracts, agreements, purchase or sales orders, memoranda of telephone conversations of personal conversations, diaries, desk calendars, interoffice communications, reports, studies, bills, receipts, checks, checkbooks, invoices, requisitions or material similar to any of the foregoing however denominated, by whomever prepared, and to whomever addressed, which are in your possession, custody or control or to which you have had or can obtain access. D. "Per-sons" means an individual, corporation, partnership, trust, associations, company, organization,- or any form of a business or commercial entity. E. "Identify" when used with respect to an individual, means to state (1) their name; (2) business affiliation and official title and/or position; and (3) their last known residential and business address. F. "Identify" when used with respect to a document, means to state (1) the type of document (e.g. letter, memorandum, hand-written note, facsimile, e-mail); (2) its date of origin or creation; (3) its author and addressee; (4) its last known custodian or locations; and (5) a brief description of its subject matter and size. In lieu of identifying any document(s), you may attach a copy of it to your answer, indicating the question to which it is responsive. G. "Identify" when used with respect to a company or other business entity, means to state, (1) the company's legal name, any former names, and the name under which it trades or does business (2) the address of its principal place of business; and (3) the, identity of its chief executive officer. H. "Relate to" means consist of, refer to, reflect or be in any way logically connected with the matter discussed. 1. The period of time encompassed by these requests shall be from the date of the alleged accident to the date of answering, unless otherwise indicated. Note, this request is continuing up to and at the time of trial. For purposes of the Rule, a statement includes: . (1) A written statement, signed or otherwise adopted or approved by the person making it, or (2) A stenographic, mechanical, electronic, videographic or other recording, or a transcript thereof, which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. REQUESTS 1. Copies of W2s, 1099s or another other documents submitted as attachments to Plaintiff s Federal Income Tax Returns for the years 1999 through the present. 2. Copy of any applications for social security disability benefits along with all attachments and supporting documents. Copies of any social security disability determinations or decisions. WILLIAM J. FERREN & ASSOCIATES B I S R. ARTNER, ESQUIRE JAttorney for Defendants Page 1 of 1 http://photoweb/photo/09/5/CDL4165/CDL4165005_4.jpg 7/27/2010 Page 1 of 1 http://photoweb/photo/09/5/CDL4165/CDL4165001_5.jpg 7/27/2010 Page 1 of 1 http://photoweb/photo/09/5/CDL4165/CDL4165001_8.jpg 7/27/2010 Page 1 of 1 http://photoweb/photo/09/5/CDL4165/CDL4165002_7.jpg 7/27/2010 Page 1 of 1 r+r N http://photoweb/photo/09/5/CDL4165/CDL4165002_6.jpg 7/27/2010 Page 1 of http://photoweb/photo/09/5/CDL4165/CDL4165002_1 l .jpg 7/27/2010 Page 1 of 1 http://photoweb/photo/09/5/CDL4165/CDL4165002_ 15.jpg 7/27/2010 LA W OFFICES i WILLIAM J. FERREN & ASSOCIATES 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Telephone: (215) 274-1700 Facsimile: (215) 274-1723 Francis R. Gartner, Esquire Direct Dial: (215) 274-1710 E-Mail: fgartner(ii4ravelers.com June 22, 2009 Comprehensive Diagnostic Center 1200 E. High Street, Suite 217 Pottstown, PA 19464 Att: Jennifer C. Epps Re: Harry Laughlin v. Baker and Rite Aid Corporation Date of Accident: 10/31/06 IME: 7/21/09 Examining Physician: Vincent R. Avallone, Jr. D.O. Dear Dr. Avallone: Thank you for agreeing to evaluate Harry Laughlin. Mr. Laughlin is alleging injuries from a motor vehicle accident which occurred on October 31, 2006. Enclosed please find a copy of his medical records which I have organized in chronological order. Please note that Mr. Laughlin was involved in a prior accident occurring on December 29 2003 as well as a subsequent accident occurring on October 6, 2007. Please examine Mr. Laughlin, review his medical records and write a report indicating your findings. What injuries did Mr. Laughlin sustain in the October 31, 2006 motor vehicle accident? To what extent did the October 31, 2006 motor vehicle accident aggravate any pre- existing conditions? What effect, if any, did the October 6, 2007 accident have on Mr. Laughlin's condition? What is Mr. Laugl-Jin's current status and how is it related to the injuries sustained in the October 31, 2006 accident? What is his prognosis for the future? Please feel free, to contact me if there is any additional information that you need to properly complete your evaluation. urs, CIS ARTNER Not a Partnership or Professional Corporation All Attorneys are Employees of The Travelers Indemnity Company and its Property Casualty Affiliates and Subsidiaries LAW OFFICES WILLIAM J. FERREN & ASSOCL4TES 10 Sentry Parkway, Suite 301 Blue Bell, PA 19422 Telephone: (215) 274-1700 Facsimile: (215) 274-1723 Francis R. Gartner, Esquire Direct Dial: (215) 274-1710 E-Mail: fgartner(a),travelers.com June 22, 2009 Comprehensive Diagnostic Center 1200 E. High Street, Suite 217 Pottstown, PA 19464 Att: Jennifer C. Epps Re: Harry Laughlin v. Baker and Rite. Arid Corporation Date of Accident: 10/31/06 IME: 7/29/09 Examining Physician: Todd Samuels, M. D. Dear Dr. Samuels: Thank you for agreeing to evaluate Harry Laughlin. Mr. Laughlin is known to you. You examined him on December 19, 2007 and a copy of your report of that date is attached. Mr. Laughlin is alleging injuries from a motor vehicle accident which occurred on October 31, 2006. Enclosed please find a copy of his medical records which I have organized in chronological order. Please note that Mr. Laughlin was involved in a prior accident occurring on December 29 2003 as well as a subsequent accident occurring on October 6, 2007. Please examine Mr. Laughlin, review his medical records and write a report indicating your findings. What injuries did Mr. Laughlin sustain in the October 31, 2006 motor vehicle accident? To what extent did the October 31, 2006 motor vehicle accident aggravate any pre- existing conditions? What effect, if any, did the October 6, 2007 accident have on Mr. Laughlin's condition? What is Mr. Laughlin's current status and how is it related to the injuries sustained in the October 31, 2006 accident? What is his prognosis for the future? Please feel free to contact me if there is any additional information that you need to properly complete your evaluation. Very truly yours, FRANCIS R. GARTNER Not a Partnership or Professional Corporation All Attorneys are Employees of The Travelers Indemnity Company and its Property Casualty Affiliates and Subsidiaries 10-4949E CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas HARRY LAUGHLIN, II Cumberland County - VS RITE AID CORPORATION AND MAURICE No. 08-5040 BAKER As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of FRANCIS R. GARTNER, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to server the subpoena(s). DATE: 7/29/2010 ~ ~~ _ _ o ~+t _ c~'.: _ z `'- , ._ ~ r,~ ~ R-~, ~ '~•' a _ FRANCIS R. GARTNER, ESQU E~`~ y ~. ~z Counsel for Defendant Center City Legal Reproductions, Inc. ~~ 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ^_ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com HARRY LAUGHLIN, II IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. RITE AID CORPORATION AND No. 08-5040 MAURICE BAKER NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS RONALD TOMASKO, ESQUIRE JAMES SMITH DIETTERICK & CONNELLY, LLP P.O. BOX 650 HERSHEY, PA 17033 Please take notice there has been a request by FRANCIS R. GARTNER, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to HARRY LAUGHLIN, II. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: July 8, 2010 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. j ~~ 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ~!'-' (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com HARRY LAUGHLIN, II CCLR File NO. 10-4949E vs. RITE AID CORPORATION AND MAURICE BAKER COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 7/8/2010 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES. yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) I would like copies of X-Rays sent to me. yeS / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions on or prior to 7/29/2010. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) I would like to look at the records at a Center City location before yes / n0 deciding whether to order a copy. 2010 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) /defendant(s) RONALD TOMASKO, ESQUIRE JAMES SMITH DIETTERICK & CONNELLY, LLP P.O. BOX 650 HERSHEY, PA 17033 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HARRY LAUGHLIN, II VS RITE AID CORPORATION AND IvIAURICE BAKER File No. 08-5040 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CAPITOL MEDICAL, INC -PERSONNEL DEPARTMENT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all employment/personnel records, including workers' comp claims, dates of attendance, applications, performance records, reviews, evaluations, earnings, medical reports, etc., pertaining to HARRY LAUGHLIN, II. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: FRANCIS R. GARTNER, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND '~ HARRY LAUGHLIN, II VS RITE AID CORPORATION AND 1vIAURICE BAKER File No. 08-5040 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: PMA GROUP -CLAIMS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all workers' compensation file records, reports, memos, documents, including the transcripts of the testiomny of any witnesses who testified in connection with the workers' compensation claim arising out of an accident which occurred on 12129!03, pertaining to HARRY LAUGHLIN, II. AT: CENTER CTTY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by.this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: FRANCIS R. GARTNER, ESQUIRE ADDRESS: CENTER CITY LEGAL~REPRODUCTIONS; INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 ., TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy HARRY LAUGHLIN, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA MAURICE BAKER and RITE AID CORPORATION, Defendants CIVIL ACTION NO. 08-5040 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO LIABILITY AND CAUSATION BEFORE HESS, P.J., OLER and MASLAND, JJ. ORDER OF COURT AND NOW, this 26`h day of August, 2010, upon consideration of Plaintiffs Motion for Partial Summary Judgment As to Liability and Causation, and following oral argument held on August 18, 2010, the motion is denied. BY THE COURT, '- Ronald T. Tomasko, Esq. Sean M. Concannon, Esq. P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff -Francis R. Gartner, Esq. William J. Ferren & Associates 10 Sentry Parkway Suite 301 Blue Bell, PA 19422 Attorney for Defendants Ccw 1 ? s /r1`a-164.cL ?3 z? f rC) `i?l t r ? >? J.,Wesley Oler; .-,J.' fj J c ? Z r , N Cr% 24 w 'HARRY LAUGHLIN, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION MAURICE BAKER and RITE AID CORPORATION, Defendants : NO. 08-5040 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO LIABILITY AND CAUSATION BEFORE HESS, P.J., OLER and MASLAND, JJ. OPINION and ORDER OF COURT OLER, J., August 26, 2010. In this civil action for personal injuries arising out of a motor vehicle accident, Plaintiff has filed a motion for partial summary judgment against the driver of a vehicle which rear-ended him and against the driver's employer.' The motion requests that the court enter summary judgment in Plaintiff's favor against Defendants on the issues of liability for negligence and causation of damages.2 Defendants have filed an answer opposing the motion.3 Argument was held on Plaintiff's motion on August 18, 2010. For the reasons stated in this opinion, the motion will be denied. STATEMENT OF FACTS The allegations of Plaintiff's complaint may be summarized as follows: On October 31, 2006, in Hampden Township, Cumberland County, Pennsylvania, Plaintiff had stopped his BMW sedan in a westbound lane of Trindle Road when the individual defendant, while traveling at a high rate of speed and in the course 1 Plaintiff's Motion for Partial Summary Judgment on Liability and Causation, filed July 13, 2010. z Plaintiff's Motion for Partial Summary Judgment on Liability and Causation, at 15, filed July 13, 2010. ' Defendant(s) Response to Plaintiff's Motion for Partial Summary Judgment As to Liability and Causation, filed July 29, 2010. of his employment with the corporate defendant, failed to notice that Plaintiff had stopped his vehicle and drove his Ford van into the rear of Plaintiffs vehicle, causing serious and permanent injuries to Plaintiff.4 Defendants' answer with new matter to the complaint asserted, inter alia, that "Plaintiff's claims [were] barred in whole or in part by the doctrine of comparative negligence."5 At a deposition, the individual defendant described the accident as having occurred at a slow speed,6 in night visual conditions, in a lane of traffic from which he could not take evasive action due to construction work.8 According to him, the accident occurred when he was led to believe that Plaintiff's vehicle was still moving forward due to the absence of brake lights and discovered that it had in fact come to a stop a few feet before the collision.9 Specifically, he testified as follows: Q Before you actually impacted Mr. Laughlin's vehicle along 641, if you recall, when did you first observe that he had been at a complete stop, as you indicated earlier that he was at a complete stop? A I realized that he wasn't moving. The taillights were on. There were no stop lights. So I thought that he was moving because of the lack of stop lights tells me that he is moving and I realized he wasn't.10 Q Now, if you can quantify this, and I know it might be an estimate, and tell me if it is an estimate. How many van lengths away were from the back of Mr. Laughlin's BMW when you first noticed that the vehicle was not moving, if you know? A I was close, but I can't give you a distance. I don't know. Q It was more than one van length? A No. It wasn't that great a distance. 4 Plaintiff's Complaint, filed August 21, 2008. 5 Defendants' Answer and New Matter to Plaintiff's Complaint, 123, filed March 16, 2009. 6 N.T. 33, Deposition of Maurice E. Baker, September 30, 2009 (hereinafter N.T. , Baker Deposition). 7 N.T. 9, Baker Deposition. s N.T. 10-12, 31-32, Baker Deposition. 9 N.T. 31, Baker Deposition. 10 N.T. 31, Baker Deposition. 2 Q So it was closer than one full length of your van, A That's correct.' 1 DISCUSSION On a motion for summary judgment, the record must be viewed "in the light most favorable to the nonmoving party, resolving all doubts as to the existence of a genuine issue of material fact against the moving party." Atcovitz v. Gulph Mills Tennis Club, Inc., 571 Pa. 580, 585-86, 812 A.2d 1218, 1221 (2002). Summary judgment is not appropriate unless "the facts are so clear that reasonable minds cannot differ." Id. at 586, 812 A.2d at 1222. In the present case, if the testimony of the individual defendant is read in the light most favorable to Defendants with respect to the issue of negligence, a trier-of-fact might conclude that Plaintiff was operating a vehicle with defective brake lights and/or that the individual defendant was confronted with a sudden emergency not of his making. 12 Accordingly, in the court's view, it is premature to hold, as a matter of law, that Plaintiff will fully prevail on its negligence claim. For this reason, the following order will be entered:'3 ORDER OF COURT AND NOW, this 26th day of August, 2010, upon consideration of Plaintiff's Motion for Partial Summary Judgment As to Liability and Causation, and following oral argument held on August 18, 2010, the motion is denied. BY THE COURT, s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. " N.T. 32, Baker Deposition. 'Z Cf. Leahy v. McClain, 1999 PA Super 145, 732 A.2d 619. 13 In view of the court's disposition of Plaintiff's motion for summary judgment on the issue of negligence, it is unnecessary to rule upon the aspect of the motion dealing with causation. 3 Ronald T. Tomasko, Esq. Sean M. Concannon, Esq. P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff Francis R. Gartner, Esq. William J. Ferren & Associates 10 Sentry Parkway Suite 301 Blue Bell, PA 19422 Attorney for Defendants 4 10-6808E CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas HARRY LAUGHLIN, II Cumberland County -vs RITE AID CORPORATION AND MAURICE No. 08-5040 BAKER As a prerequisite to service of a subpoena for documents and things pursuant to Ru{e 4009.22 CCLR on behalf of FRANCIS R. GARTNER, ESQU{RE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. i..a (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is a .~.., f:`y ~~ attached to the notice of intent to server the subpoena(s). ~~ ~ ~~ ~ , ' ~ ~ p " ~ F' r~ .~' ~ ~~ ~ ~ _ =~ ~ `"" e.~,3 DATE: 10/26/2010 1 t ~RA~~CIS SQ {RE Counsel for Defendant '"' .. Center City Legal Reproductions, Inc. ~~ 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ^~ (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com HARRY LAUGHLIN, II IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. RITE AID CORPORATION AND ~ No. os-5oao MAtlRICE BAKER ' NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS RONALD TOMASKO, ESQUIRE JAMES SMITH DIETTERICK & CONNELLY, LLP P.O. BOX 650 HERSHEY, PA 17033 Please take notice there has been a request by FRANCIS R. GARTNER, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to HARRY LAUGHLIN, II. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: October 5, 2010 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. '~~ 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 '- (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com HARRY LAUGHLIN, II CCLR File NO. 10-6808E vs. RITE AID CORPORATION AND MAURICE BAKER COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 10/5/2010 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) I would like copies of X-Rays sent to me. yeS / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions on or prior to 10/26/2010. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) I would like to look at the records at a Center City location before yeS / n0 deciding whether to order a copy. 2010 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) /defendant(s) RONALD TOMASKO, ESQUIRE JAMES SMITH DIETTERICK & CONNELLY, LLP P.O. BOX 650 HERSHEY, PA 17033 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Harry Laughlin, II VS RITE AIp CORPORATION AND MAURICE BAKER File No. 08-5040 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: CHRISTOPHER ROYER, PSY. D -MEDICAL RECORDS DEPT (Name o[ Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all medical records, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to HARRY LAUGHLIN, II. AT: CENTER CITY LEGAL REPRODUCTIONS, INC. (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: FRANCIS J. GARTNER, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHII.ADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) Ronald T. Tomasko, Esquire Attorney I.D. NO. 61190 Sean M. Concannon, Esquire Attorney I.D. No. 205998 JAMES, SMITH, DIETTERICK & CONNELLY P.O. Box 650 Hershey, PA 17033 rtt(aD-isdc.com Attorneys for Plaintiff, Harry Laughlin HARRY B. LAUGHLIN, II, Plaintiff, v. MAURICE BAKER and RITE AID CORPORATION, Defendants. FILED-OFFICE 'i FER 18 Pt9 12: 'r'L1NBERL,4NjD co D C- : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : NO. 08-5040 PRAECIPE TO SETTLE. DISCONTINUE AND END To the Prothonotary: Kindly mark the above-captioned case settled, discontinued and ended. Respectfully submitted, James, Smith, Dietterick & Connelly, LLP Date: ! co Z? t By: ? - 'Sedn M. Concannon, Esquire Attorney I.D. No. 205998 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorney for Plaintiff