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Home My WebLink About09-6668 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 69- e(n8 Zvi -7e-- rM CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED CONNIE N. GRIFFIE, as Administrator of : The Estate of STEPHEN M. RICE, deceased : and CONNIE N. GRIFFIE, Individually and : in her own right, 501 Windy Hill Road, Lot 120 Shermansdale, PA 17090 JASON A. RAMIREZ, M.D. Spring Road Family Practice 1921 Spring Road Carlisle, PA 17013 SPRING ROAD FAMILY PRACTICE 1921 Spring Road Carlisle, PA 17013 Plaintiff versus Defendants PRAECIPE FOR A WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of summons in the above-captioned action. X Writ of Summons shall be issued and forwarded to Sheriff. li J' b Michael J. Navitsky, Esquire I.D. No. 58803 Duane S. Barrick, Esquire I.D. No. 77400 Navitsky, Olson, & Wisneski LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 Dated: ?0 /-S. la009 0 OF ?7iF ?F'P.1v1T ARY 2009 OCT -6 Pll 2: 38 Cull Jv?? y ptlvitui`??fir`a 'Ir,, 50 Pty ATT`/ a3153 y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CA- Loto(A l'ivi I -Fef m CIVIL ACTION - MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED CONNIE N. GRIFFIE, as Administrator of : The Estate of STEPHEN M. RICE, deceased : and CONNIE N. GRIFFIE, Individually and : in her own right, 501 Windy Hill Road, Lot 120 Shermansdale, PA 17090 JASON A. RAMIREZ, M.D. Spring Road Family Practice 1921 Spring Road Carlisle, PA 17013 SPRING ROAD FAMILY PRACTICE 1921 Spring Road Carlisle, PA 17013 Plaintiff versus Defendants WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANT: YOU ARE NOTIFIED THAT PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. othonotary Dated: /D' A00 _ by bp? puty R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Sheriffs Office of Cumberland County t r•1 ? J???Lf_itJ? 2099 0C i 14 PH 3:07 Edward L Schorpp i Solicitor Connie N. Griffie Case Number vs. Jason A. Ramirez, MD 2009-6668 SHERIFF'S RETURN OF SERVICE 10109/2009 11:15 AM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on October 9 2009 at 1115 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Spring Road Family Practice, by making known unto Melissa Brownley, adult in charge at 1921 Spring Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/09/2009 11:15 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on October 9 2009 at 1115 hours, he served a true copy of the within Writ of Summons, upon the within named defendant, to wit: Jason A. Ramirez, MD, by making known unto himself personally, at 1921 Spring Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $49.84 SO ANS E October 12, 2009 R THOMAS KLINE, SHERIFF Puty Sheriff r CONNIE N. GRIFFIE, as Administrator of the Estate of STEPHEN M. RICE, Deceased and CONNIE N. GRIFFIE, Individually and in her own right, Plaintiff vi. JASON A. RAMIREZ, M.D. AND SPRING ROAD FAMILY PRACTICE, Defendants TO THE PLAINTIFF: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. 09-6668 JURY TRIAL DEMANDED RULE You are hereby ordered and directed to file your Complaint against Defendants in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment non pros. Date: /o as o9 S D. Prothonot 1w_a FOULKROD ELLIS Professional Corporation 2010 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Fax: (717) 909-6955 Attorney for Defendants: Jason A. Ramirez, M.D. and Spring Road Family Practice CONNIE N. GRIFFIE, as Administrator of the Estate of STEPHEN M. RICE, Deceased and CONNIE N. GRIFFIE, Individually and in her own right, Plaintiff V. JASON A. RAMIREZ, M.D. AND SPRING ROAD FAMILY PRACTICE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. 09-6668 JURY TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO:PROTHONOTARY Please issue a Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment non pros. Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION Date: By:- W4, Leigh A.J. His, Esquire Attorney .D. No. 53229 Cindy llis, Esquire Attorney I.D. No. 83823 CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this 21St day of October, 2009, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Duane S. Barrick, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) FOULKROD ELLIS PROFESSIONAL CORPORATION By: acy . Breon, Paralegal FOULKROD ELLIS Professional Corporation 2010 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Fax: (717) 909-6955 Attorney for Defendants: Jason A. Ramirez, M.D. and Spring Road Family Practice CONNIE N. GRIFFIE, as Administrator of the Estate of STEPHEN M. RICE, Deceased and CONNIE N. GRIFFIE, Individually and in her own right, Plaintiff V. JASON A. RAMIREZ, M.D. AND SPRING ROAD FAMILY PRACTICE, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. 09-6668 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO: PROTHONOTARY Kindly enter our appearance on behalf of Defendants, Jason A. Ramirez, M.D. and Spring Road Family Practice, with regard to the above-captioned action. Date: /0 -) l- C Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION i' By: Leigh A. llis, E quire Attorney .D. No. 53229 Cindy . llis, Esquire Attorne I.D. No. 83823 A , CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this 21St day of October, 2009, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Duane S. Barrick, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) FOULKROD ELLIS PROFES IONAL CORPORATION n BY: Stacy L. Breon, Paralegal Fj; ; ff, tm t 17 ? . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CONNIE N. GRIFFIE, as Administrator of : NO. 09-6668 The Estate of STEPHEN M. RICE, deceased: CIVIL ACTION - LAW and CONNIE N. GRIFFIE, Individually and : in her own right, Plaintiff VS. MEDICAL PROFESSIONAL LIABILITY JASON A. RAMIREZ, M.D., and SPRING ROAD FAMILY PRACTICE, JURY TRIAL DEMANDED Defendants CERTIFICATE OF MERIT AS TO SPRING ROAD FAMILY PRACTICE I, Duane S. Barrick, Esquire, certify that: ? an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill, or knowledge exercised or exhibited by this defendant in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP Du e S. Barrick, Esquire I.D. No. 77400 Michael J. Navitsky, Esquire I.D. No. 58803 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiffs Date: November 10, 2009 CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Certificates of Merit were served upon the following person by first-class United States mail, postage prepaid on November 10, 2009 as follows: Leigh A. J. Ellis, Esquire Foulkrod Ellis 2010 Market Street Camp Hill, PA 17011 `-i Jessie K. Walsh IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CONNIE N. GRIFFIE, as Administrator of : NO. 09-6668 The Estate of STEPHEN M. RICE, deceased: CIVIL ACTION - LAW and CONNIE N. GRIFFIE, Individually and : in her own right, Plaintiff VS. MEDICAL PROFESSIONAL LIABILITY JASON A. RAMIREZ, M.D., and SPRING : ROAD FAMILY PRACTICE, JURY TRIAL DEMANDED Defendants CERTIFICATE OF MERIT AS TO JASON A. RAMIREZ M.D. I, Duane S. Barrick, Esquire, certify that: an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill, or knowledge exercised or exhibited by this defendant in the treatment, practice, or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ? the claim that this defendant deviated from an acceptable professional standard is based solely on allegations that other licensed professionals for whom this defendant is responsible deviated from an acceptable professional standard and an appropriate licensed professional has supplied a written statement to the undersigned that there is a basis to conclude that the care, skill or knowledge exercised or exhibited by the other licensed professionals in the treatment, practice or work that is the subject of the complaint, fell outside acceptable professional standards and that such conduct was a cause in bringing about the harm; AND/OR ? expert testimony of an appropriate licensed professional is unnecessary for prosecution of the claim against this defendant. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP Duane . Barrick, Esquire I.D. No. 77400 Michael J. Navitsky, Esquire I.D. No. 58803 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiffs Date: November 10, 2009 7 r 12 Fj?i2: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CONNIE N. GRIFFIE, as Administrator of : NO. 09-6668 The Estate of STEPHEN M. RICE, deceased: CIVIL ACTION - LAW and CONNIE N. GRIFFIE, Individually and : in her own right, Plaintiff VS. MEDICAL PROFESSIONAL LIABILITY JASON A. RAMIREZ, M.D., and SPRING : ROAD FAMILY PRACTICE, JURY TRIAL DEMANDED Defendants NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CONNIE N. GRIFFIE, as Administrator of : NO. 09-6668 The Estate of STEPHEN M. RICE, deceased: CIVIL ACTION - LAW and CONNIE N. GRIFFIE, Individually and : in her own right, Plaintiff VS. MEDICAL PROFESSIONAL LIABILITY JASON A. RAMIREZ, M.D., and SPRING : ROAD FAMILY PRACTICE, JURY TRIAL DEMANDED Defendants AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe tomar accion dentro de los proximos veinte (20) di as despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mds aviso adicional. Usted puede perder dinero o propiedad a otros derechos importantes para usted. LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6668 CONNIE N. GRIFFIE, as Administrator of : The Estate of STEPHEN M. RICE, deceased : CIVIL ACTION - LAW and CONNIE N. GRIFFIE, Individually and MEDICAL PROFESSIONAL in her own right, LIABILITY ACTION Plaintiff VS. JASON A. RAMIREZ, M.D., and SPRING ROAD FAMILY PRACTICE, Defendants JURY TRIAL DEMANDED COMPLAINT 1. Plaintiff, Connie N. Griffie, widow of Stephen M. Rice, deceased, is an adult individual who resides in Shermansdale, Perry County, Pennsylvania. 2. Plaintiff, Connie N. Griffie, is the Administrator of the Estate of Stephen M. Rice by virtue of Letters of Administration duly granted her on September 28, 2009, by the Register of Wills of Cumberland County, Pennsylvania. 3. Defendant, Jason A. Ramirez, M.D., is currently, and was at all times relevant to this Complaint, a physician licensed to practice medicine in the Commonwealth of Pennsylvania. 4. At all relevant times to this Complaint, Defendant, Jason A. Ramirez, M.D., held himself out to the public as a specialist in family practice medicine. 5. Plaintiff is asserting a professional liability claim against this Defendant. 6. At all relevant times herein, Defendant, Jason A. Ramirez, M.D., was acting as an agent, apparent agent, servant and/or employee of Defendant, Spring Road Family Practice, and was furthering its economic and financial interests. 7. Defendant, Spring Road Family Practice, is a medical practice providing family medicine services to the public and is located in Carlisle, Cumberland County, Pennsylvania. 8. Defendant, Spring Road Family Practice, is owned by Dow E. Brophy, M.D. and William S. Kauffman, M.D., and at all relevant times to this Complaint, Drs. Brophy and Kauffman were acting as the principals and employers of Defendant, Jason A. Ramirez, M.D. 9. Plaintiff is asserting a professional liability claim against this Defendant by virtue of the actions and/or inactions of its agent, apparent agent, servant and/or employee, Jason A. Ramirez, M.D., concerning his care of Stephen M. Rice. 10. Plaintiff's decedent, Stephen M. Rice, was a long-standing patient of Defendant, Spring Road Family Practice. 11. Defendants knew, or should have known, that Stephen was at increased risk for arteriosclerotic cardiovascular disease and myocardial infarction by virtue of his own personal history of hypercholesterolemia, labile hypertension, smoking, borderline hypoglycemia, and obesity, all of which were documented in Defendant's office chart. 12. At no time did Defendants order or obtain a cardiac workup for Stephen Rice. 13. At no time did Defendants diagnose or treat Mr. Rice's arteriosclerotic cardiovascular disease. 14. Arteriosclerotic cardiovascular disease is a thickening, hardening, and narrowing of the arteries that feed the heart. 15. Arteriosclerotic cardiovascular disease is a diagnosable and treatable medical condition. 16. Failure to timely diagnose and treat arteriosclerotic cardiovascular disease will lead to the narrowing, thickening and hardening of the coronary arteries, decreasing blood supply 2 to the heart and, ultimately, resulting in thrombosis, heart attack or myocardial infarction, which could prove fatal. 17. On September 17, 2007, a general physical exam was performed on Mr. Rice at Spring Road Family Practice by Defendant Jason A. Ramirez, M.D.. 18. Under history of present illness (HPI) the following was recorded: "Has hx of seizures. Last one in 1986. Stable of phenobarbital. Needs driver's form filled out." 19. According to Defendant's office notes, Mr. Rice's medical history was reviewed and updated, but his family history and social history were not recorded. 20. Additionally, there was no mention made of Mr. Rice's elevated blood pressure of 148/90, his hypercholesterolemia as evidenced in his labs from 6/27/2007, his elevated fasting glucose from the same studies, nor his obesity, and long history of smoking. 21. Plaintiff avers that Defendant Ramirez violated the appropriate standard of care on September 17, 2007, by not obtaining a family history from Mr. Rice to determine whether there was a family history of coronary artery disease and social history to determine whether Mr. Rice used tobacco. 22. Additionally, Defendant Ramirez fell below the standard of care on September 17, 2007, when he did not address Mr. Rice's elevated blood pressure, hypercholesterolemia and elevated fasting blood sugar. 23. Medication such as aspirin and a statin drug should have been started on Mr. Rice. Defendant Ramirez's failure to order any of these medications for Mr. Rice violated the standard of care. 24. Approximately one month later, on October 22, 2007, Stephen Rice presented to Defendant Ramirez at Spring Road Family Practice complaining of chest pain. 3 25. Defendant's records indicate that Mr. Rice's hypercholesterolemia, borderline hyperglycemia, labile hypertension and weight were known. 26. Defendant Ramirez's records do not include the long prior history of smoking. 27. Defendant's records describe the duration of Mr. Rice's pain as one week, the frequency as episodic, and severity as moderate. 28. Defendant's records further document the quality of Mr. Rice's pain as "heavy sensation" and the location of the pain as "substernal." 29. Defendant Ramirez also documented that Mr. Rice's pain was not precipitated by extreme exertion or eating, but rather by inspiration. There were no associated symptoms save fatigue. Anti-acids provided no relief. 30. Defendant Ramirez recorded that the examination was within normal limits and palpation of Mr. Rice's chest did not produce pain. 31. Defendant Ramirez did not order nor perform diagnostic studies of any kind on Mr. Rice. 32. Defendant Ramirez diagnosed Mr. Rice with likely musculoskeletal pain, even though Mr. Rice had no pain reproducible by palpation, and without first ruling out a cardiac cause for his chest pain. 33. Plaintiff avers that on October 22, 2007, based on Mr. Rice's history of several cardiac risk factors and his presentation with chest pain, the family practice standard of care mandated the ruling out of a cardiac cause for his chest pain. 34. Plaintiff avers that instead of ruling in or out a cardiac cause for Mr. Rice's chest 4 pain, Defendant Ramirez merely told Stephen and his wife, Connie, that Stephen's symptoms were related to indigestion, for which he gave Stephen samples of the medication, Nexium, and instructed Mr. Rice to take them if the chest pain reoccurred. 35. Defendant Ramirez did not order a chest x-ray, cardiac stress testing, or a resting electrocardiogram on Mr. Rice. Plaintiff avers that the standard of care of a family practice physician mandated him to do so. 36. Additionally, the standard of care mandated that due to Mr. Rice's history of several cardiac risk factors and his complaint of chest pain, that Mr. Rice should have been started on aspirin, a statin drug and a beta blocker. Defendant Ramirez failed to order any of these medications for Stephen, and thus violated the standard of care. 37. Furthermore, on October 22, 2007, when Mr. Rice was complaining of chest pain, Defendant Ramirez should have given him nitroglycerin tablets to be used in the event of further chest pain until the diagnosis of coronary artery disease had been ruled out. Defendant Ramirez's failure to prescribe such nitroglycerin tablets was a deviation from the family practice standard of care. 38. Defendant Ramirez was negligent in omitting a very important aspect of preventative care, one of the main tasks of a family practitioner, namely ruling out arteriosclerotic cardiovascular disease severe enough to produce death in a patient with almost all the risk factors associated with arteriosclerotic cardiovascular disease. 39. The negligence of Defendant Ramirez caused Mr. Rice's cardiac condition to go undiagnosed and untreated and factually caused his untimely death at age 48 years from arteriosclerotic cardiovascular disease. 5 40. On November 18, 2007, while at rest, Mr. Rice had a sudden cardiac arrest. He was transported to Carlisle Regional Medical Center where he could not be resuscitated. 41. Mr. Rice's death certificate lists as the immediate cause of death - acute myocardial infarction, arteriosclerotic coronary artery disease. 42. Postmortem examination was notable for arteriosclerotic cardiovascular disease, cardiomegaly, right ventricular hypertrophy, atherosclerosis marked, right coronary 70% and 95% stenosis, proximal and mid segments respectively, left anterior descending coronary artery 80% to 85% stenosis proximal and mid segments, aorta with focal moderate atherosclerosis, and acute and recent myocardial infarct left ventricle. 43. The autopsy report describes the coronary stenosis as calcific with possible thrombus in the left anterior descending vessel. 44. Defendants deprived Mr. Rice an opportunity to have his coronary artery disease diagnosed and treated before it progressed to a fatal myocardial infarction. 45. Mr. Rice experienced severe pain and suffering before he died from a massive heart attack on November 18, 2007. 46. Arteriosclerotic cardiovascular disease, such as Mr. Rice's, is a treatable condition. 47. However, when left undiagnosed and untreated, arteriosclerotic cardiovascular disease will eventually cut off blood supply to the heart, resulting in a heart attack. 48. Had Defendant Ramirez properly examined and evaluated Mr. Rice with timely and appropriate diagnostic tests and studies, including an electrocardiogram, an x-ray, and stress testing, Mr. Rice's coronary artery disease could have been timely diagnosed, treated, and his death avoided. 6 49. Defendant Ramirez failed to utilize necessary and available diagnostic tests and specialist consultations, all of which would have assisted in the proper and timely diagnosis and treatment of Mr. Rice's medical condition. 50. Defendant Ramirez failed to order, prescribe or administer appropriate anti- cholesterol and cardiac medicines in a timely manner to manage Mr. Rice's condition. 51. As a direct and proximate result of the negligence of Defendant Ramirez, Mr. Rice's coronary artery disease went undiagnosed and untreated, which resulted in his untimely and unnecessary death at 48 years of age. 52. The substandard care of Defendant Ramirez increased the risk of harm, injury and death to Mr. Rice. 53. At all relevant times herein, Defendant Ramirez was acting as an agent, apparent agent, servant, and/or employee of Defendant Spring Road Family Practice. 54. Defendants, Jason A. Ramirez, M.D. and Spring Road Family Practice, are jointly and severally liable for the injuries, damages, and death as set forth herein. 55. At no time during Dr. Ramirez's assessments and evaluations of Mr. Rice, did he advise Mr. Rice that his elevated cholesterol level, elevated sugar levels, hypertension, obesity or smoking history, as well as his chest pain predisposed him to arteriosclerotic cardiovascular disease and its life-threatening consequences, which required urgent diagnostic testing, appropriate medical treatment, cardiology referral and/or surgery, including percutaneous intervention with coronary stenting or coronary artery surgery to open his coronary artery pathways. 7 56. Had his arteriosclerotic cardiovascular disease been discovered earlier, Mr. Rice could have successfully undergone treatment, and his senseless death at 48 years of age could have been avoided. COUNTI CONNIE N. GRIFFIE, AS ADMINISTRATOR OF THE ESTATE OF STEPHEN M. RICE, DECEASED AND CONNIE N. GRIFFIE, INDIVIDUALLY AND IN HER OWN RIGHT V. JASON A. RAMIREZ, M.D. 57. Paragraphs 1 through 56 of this Complaint are incorporated herein by reference as if set forth at length. 58. Defendant, Jason A. Ramirez, M.D., is liable to the Plaintiff for all injuries and damages alleged herein which were directly and proximately caused by his negligence in: a) Failing to properly examine and evaluate Mr. Rice for arteriosclerotic cardiovascular disease; b) Failing to recognize that Mr. Rice's history of chest pain, obesity, elevated blood sugar, hypercholesterolemia, labile hypertension, and smoking increased his risk of heart attack and death; C) Improperly permitting Mr. Rice to suffer from untreated hypercholesterolemia; d) Improperly permitting Mr. Rice to suffer from untreated labile hypertension; e) Failing to recognize that Mr. Rice's signs and symptoms were consistent with arteriosclerotic cardiovascular disease; f) Failing to timely rule out a cardiac source as the cause of Mr. Rice's medical condition and complaints; 8 g) Failing to refer Mr. Rice to a cardiologist; h) Failing to order and/or obtain a timely and appropriate cardiac workup for Mr. Rice; i) Inappropriately delaying a cardiac evaluation for Mr. Rice; j) Failing to order a resting electrocardiogram for Mr. Rice; k) Failing to order a chest x-ray for Mr. Rice; 1) Failing to order stress testing for Mr. Rice; m) Erroneously reassuring Mr. Rice that his chest pain was due to indigestion; n) Erroneously reassuring Mr. Rice that his chest pain was musculoskeletal in origin; o) Failing to include arteriosclerotic cardiovascular disease in the differential diagnosis of Mr. Rice's medical condition; P) Failing to diagnose and treat Mr. Rice's arteriosclerotic cardiovascular disease; q) Misdiagnosing Mr. Rice's medical condition as indigestion and/or musculoskeletal pain; r) Failing to initiate arteriosclerotic cardiovascular disease interventional care; S) Failing to order statin drugs, aspirin, beta blockers and nitroglycerin for Mr. Rice; t) Failing to evaluate the patency of Mr. Rice's coronary arteries; 9 U) Failing to recognize Mr. Rice's increased risk for arteriosclerotic cardiovascular disease; V) Erroneously minimizing the severity of Mr. Rice's medical condition; W) Delaying the diagnosis and treatment of Mr. Rice's arteriosclerotic cardiovascular disease; X) Failing to comply with the proper medical procedure for formulating differential diagnosis based on Mr. Rice's history and presentation with chest pain; y) Failing to rule in or rule out arteriosclerotic cardiovascular disease in Mr. Rice. Z) Failing to minimize the risk of severe, progressive and irreversible heart damage and death from a heart attack aa) Inappropriately permitting Mr. Rice's medical condition to deteriorate from arteriosclerotic cardiovascular disease; and bb) Failing to disclose to Mr. Rice that he had a potentially life-threatening medical condition requiring immediate cardiac testing and appropriate treatment. 59. As a direct and proximate result of the negligence of Defendant, James A. Ramirez, M.D., as alleged herein, Plaintiff's decedent, Stephen M. Rice, sustained injuries and damages as set forth in the paragraphs above, which are incorporated herein by reference as if set forth at length and claim is made therefor. 10 WHEREFORE, Plaintiff Connie N. Griffie, as Administrator of the Estate of Stephen M. Rice, deceased and Connie N. Griffie, Individually and in her own right, demands judgment against Defendant, James A. Ramirez, M.D., for compensatory damages in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interests and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. COUNT II CONNIE N. GRIFFIE, AS ADMINISTRATOR OF THE ESTATE OF STEPHEN M. RICE, DECEASED AND CONNIE N. GRIFFIE, INDIVIDUALLY AND IN HER OWN RIGHT V. SPRING ROAD FAMILY PRACTICE 60. Paragraphs 1 through 56 of this Complaint and Count I are incorporated herein by reference as if set forth at length. 61. At all relevant times to this Complaint, Defendant, Jason A. Ramirez, M.D., was acting as an agent, apparent, agent, servant and/or employee of Defendant, Spring Road Family Practice and was acting within his scope of employment. 62. Plaintiff believes and therefore avers that Defendant, Spring Road Family Practice, is liable to Plaintiff for injuries and damages sustained by virtue of the negligence of its agent, apparent agent, servant and/or employee, Jason A. Ramirez, NI.D., who examined Mr. Rice and made treatment decisions pertaining to him on September 17, 2007 and October 22, 2007. 63. Defendant, Spring Road Family Practice, is liable for the injuries and damages alleged herein which were directly and proximately caused by Defendant Ramirez's negligence in: a) Failing to properly examine and evaluate Mr. Rice for arteriosclerotic cardiovascular disease; 11 b) Failing to recognize that Mr. Rice's history of chest pain, obesity, elevated blood sugar, hypercholesterolemia, labile hypertension, and smoking increased his risk of heart attack and death; C) Improperly permitting Mr. Rice to suffer from untreated hypercholesterolemia; d) Improperly permitting Mr. Rice to suffer from untreated labile hypertension; e) Failing to recognize that Mr. Rice's signs and symptoms were consistent with arteriosclerotic cardiovascular disease; f) Failing to timely rule out a cardiac source as the cause of Mr. Rice's medical condition and complaints; g) Failing to refer Mr. Rice to a cardiologist; h) Failing to order and/or obtain a timely and appropriate cardiac workup for Mr. Rice; i) Inappropriately delaying a cardiac evaluation for Mr. Rice; j) Failing to order a resting electrocardiogram for Mr. Rice; k) Failing to order a chest x-ray for Mr. Rice; 1) Failing to order stress testing for Mr. Rice; m) Erroneously reassuring Mr. Rice that his chest pain was due to indigestion; n) Erroneously reassuring Mr. Rice that his chest pain was musculoskeletal in origin; 12 o) Failing to include arteriosclerotic cardiovascular disease in the differential diagnosis of Mr. Rice's medical condition; P) Failing to diagnose and treat Mr. Rice's arteriosclerotic cardiovascular disease; q) Misdiagnosing Mr. Rice's medical condition as indigestion and/or musculoskeletal pain; r) Failing to initiate arteriosclerotic cardiovascular disease interventional care; S) Failing to order statin drugs, aspirin, beta blockers and nitroglycerin for Mr. Rice; t) Failing to evaluate the patency of Mr. Rice's coronary arteries; U) Failing to recognize Mr. Rice's increased risk for arteriosclerotic cardiovascular disease; V) Erroneously minimizing the severity of Mr. Rice's medical condition; w) Delaying the diagnosis and treatment of Mr. Rice's arteriosclerotic cardiovascular disease; X) Failing to comply with the proper medical procedure for formulating differential diagnosis based on Mr. Rice's history and presentation with chest pain; 13 y) Failing to rule in or rule out arteriosclerotic cardiovascular disease in Mr. Rice. Z) Failing to minimize the risk of severe, progressive and irreversible heart damage and death from a heart attack aa) Inappropriately permitting Mr. Rice's medical condition to deteriorate from arteriosclerotic cardiovascular disease; and bb) Failing to disclose to Mr. Rice that he had a potentially life-threatening medical condition requiring immediate cardiac testing and appropriate treatment. 64. As a direct and proximate result of the negligence of Defendant, James A. Ramirez, M.D., and the vicarious liability of Defendant Spring Road Family Practice, as alleged herein, Plaintiff's decedent, Stephen M. Rice, sustained injuries and damages as set forth in the paragraphs above, which are incorporated herein by reference as if set forth at length and claim is made therefor. WHEREFORE, Plaintiff Connie N. Griffie, as Administrator of the Estate of Stephen M. Rice, deceased and Connie N. Griffie, Individually and in her own right, demands judgment against Defendant, Spring Road Family Practice, for compensatory damages in an amount in excess of Fifty Thousand ($50,000.00) Dollars, exclusive of interests and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. 14 CLAIM I - SURVIVAL ACTION CONNIE N. GRIFFIE, AS ADMINISTRATOR OF THE ESTATE OF STEPHEN M. RICE, DECEASED AND CONNIE N. GRIFFIE, INDIVIDUALLY AND IN HER OWN RIGHT V. JASON A RAMIREZ, M.D. AND SPRING ROAD FAMILY PRACTICE 65. Paragraphs 1 through 56 and Counts I and II of this Complaint are incorporated herein by reference as if set forth at length. 66. Plaintiff, Connie N. Griffie, brings this action on behalf of the Estate of Stephen M. Rice, deceased, under and by virtue of 42 Pa. C.S.A. §8302. 67. Defendants, Jason A Ramirez, M.D. and Spring Road Family Practice, are liable to the Estate of Stephen M. Rice for injuries and damages as set forth herein. 68. Defendants, Jason A. Ramirez, M.D. and Spring Road Family Practice, are jointly and severally liable to the Estate of Stephen M. Rice for the injuries and damages as set forth herein. 69. Plaintiff, Connie N. Griffie, as Administrator of the Estate of Stephen M. Rice, deceased, claims on behalf of said Estate, all damages suffered by said Estate by the reason of the death of the decedent, including the decedent's medical expenses, pain and suffering the decedent underwent prior to death, the decedent's loss of earnings and earning capacity and for all other damages properly recoverable under 42 Pa. C.S.A. §8302. WHEREFORE, Plaintiff Connie N. Griffie, as Administrator of the Estate of Stephen M. Rice, deceased and Connie N. Griffie, Individually and in her own right, demands judgment against Defendants, Jason A. Ramirez, M.D. and Spring Road Family Practice, for compensatory damages in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interests and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. 15 CLAIM II - WRONGFUL DEATH CONNIE N. GRIFFIE, AS ADMINISTRATOR OF THE ESTATE OF STEPHEN M. RICE, DECEASED AND CONNIE N. GRIFFIE, INDIVIDUALLY AND IN HER OWN RIGHT V. JASON A RAMIREZ M.D. AND SPRING ROAD FAMILY PRACTICE 70. Paragraphs 1 through 56, Counts I and II, and Claim I of this Complaint are incorporated herein by reference as if set forth at length. 71. Plaintiff, Connie N. Griffie, was the wife of decedent, Stephen M. Rice, and is entitled to bring this Wrongful Death claim pursuant to 42 Pa. C.S.A. §8301(b). 72. Plaintiff, Connie N. Griffie, brings this action for the wrongful death of Stephen M. Rice, deceased and in her own right and is entitled to recover damages under and by virtue of 42 Pa. C.S.A. §8301. 73. Plaintiff, Connie N. Griffie, is the widow of Stephen M. Rice who died on November 18, 2007, and is the Administrator of the Estate of Stephen M. Rice. 74. Decedent, Stephen M. Rice did not bring an action for his injuries during his lifetime. 75. Due to the negligence of Defendants as aforesaid, Mr. Rice has left the following persons entitled by law to recover damages for such wrongful death and their relationship to decedent include: Connie N. Griffie Wife 501 Windy Hill Road Lot 120 Shermansdale, PA 17090 Yvonne C. Schroff Daughter 1625 Cotton Street Reading, PA 19606 16 Christian S. Rice Son 140 Conodoguinet Mobile Estates Newville, PA 17241 76. Said persons, by reason of the death of Stephen M. Rice, have suffered fiduciary loss and other expenses of the administration of the Estate. 77. At the time of his death, Stephen M. Rice was 48 years of age. 78. As a direct and proximate result of the death of Stephen M. Rice, his wife, Connie, has suffered the loss of Mr. Rice's society, comfort, monetary value of his services, and consortium, including such elements as work around the home, provision of physical comforts and services and provision of society and comfort. 79. As a direct and proximate result of the death of Stephen M. Rice, his children have suffered the loss of Mr. Rice's companionship, services, comfort, society, guidance and tutelage. 80. As a direct and proximate result of the death of Stephen M. Rice, his wife, Connie, sustained considerable emotional trauma, as well as pain and suffering, and claim is made therefor. 81. As a direct and proximate result of the death of Stephen M. Rice, Plaintiff has suffered the loss of any contribution she would have received from Mr. Rice had his death not occurred, and claim is made therefor. 82. Plaintiff hereby makes claim for all other damages for which she is entitled under and by virtue of the Wrongful Death Act, Pa. C.S.A. §8301. 83. As a result of the death of Stephen M. Rice, Plaintiff has incurred hospital, medical, funeral, burial and related expenses, as well as expenses for the administration of the decedent's Estate, all of which claim is made therefor. 17 84. Defendants, Jason A. Ramirez, M.D. and Spring Road Family Practice, are jointly and severally liable to the Estate of Stephen M. Rice for injuries and damages as set forth herein. WHEREFORE, Plaintiff Connie N. Griffie, as Administrator of the Estate of Stephen M. Rice, deceased and Connie N. Griffie, Individually and in her own right, demands judgment against Defendants, Jason A. Ramirez, M.D. and Spring Road Family Practice, for compensatory damages in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of interests and costs, and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP Michael J. Navitsky, Esquire I.D. No. 58803 Duane S. Barrick, Esquire I.D. No. 77400 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Date: November 10, 2009 18 VERIFICATION I, Duane S. Barrick, Esquire, counsel of record for the Plaintiff, Connie N. Griffie, as Administrator of the Estate of Stephen M. Rice, deceased and Connie N. Griffie, Individually and in her own right, do hereby swear or affirm pursuant to Pa. R.C.P 1024 that the facts set forth in the foregoing Complaint are true and conect to the best of my knowledge, information and belief. Signed verification by party plaintiff was unable to be obtained within the time allowed. I understand that this Verification is made subject to the provisions of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Duane S. Barrick, Esquire CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Complaint was served upon the following person by first-class United States mail, postage prepaid on November 10, 2009 as follows: Leigh A. J. Ellis, Esquire Foulkrod Ellis 2010 Market Street Camp Hill, PA 17011 Jessie K. Walsh i 2UGH NO 12 E+ 12: 48 K IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CONNIE N. GRIFFIE, as Administrator of : NO. 09-6668 The Estate of STEPHEN M. RICE, deceased: CIVIL ACTION - LAW and CONNIE N. GRIFFIE, Individually and : in her own right, : Plaintiff VS. MEDICAL PROFESSIONAL LIABILITY JASON A. RAMIREZ, M.D., and SPRING : ROAD FAMILY PRACTICE, JURY TRIAL DEMANDED Defendants PRAECIPE TO SUBSTITUTE PLAINTIFF'S VERIFICATION Kindly substitute the attached original Verification of Connie N. Griffie, Administrator of the Estate of Stephen M. Rice, deceased, and Connie N. Griffie, Individually and in her own right, to Plaintiff's Complaint. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP Duan6S: Barrick, Esquire I.D. No. 77400 Michael J. Navitsky, Esquire I.D. No. 58803 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Date: ////,lIA009 VERIFICATION I, Connie N. Griffie, as Administrator of the Estate of Stephen M. Rice, deceased and Connie N. Griffie, Individually and in her own right, verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the provisions of Pa. C.S. 4904, relating to unworn falsification to authorities. WITNESS Connie N. Griffie, as Administrator of the Estate of Stephen M. Rice, deceased, and Connie N. Griffie, Individually and in her own right CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Praecipe to Substitute Verification was served upon the following person by first-class United States mail, postage prepaid on November 17, 2009 as follows: Leigh A. J. Ellis, Esquire Foulkrod Ellis 2010 Market Street Camp Hill, PA 17011 V Jessie K. Walsh eF Tvf- Q? ?h fi???1 Olt FOULKROD ELUS Professional Corporation 2010 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Fax: (717) 909-6955 Attorney for Defendants: Jason A. Ramirez, M.D. and Spring Road Family Practice CONNIE N. GRIFFIE, as Administrator IN THE COURT OF COMMON PLEAS of the Estate of STEPHEN M. RICE, CUMBERLAND COUNTY, Deceased and CONNIE N. GRIFFIE, PENNSYLVANIA Individually and in her own right, Plaintiff CIVIL ACTION -LAW MEDICAL PROFESSIONAL V. LIABILITY ACTION JASON A. RAMIREZ, M.D. AND NO. 09-6668 SPRING ROAD FAMILY PRACTICE, Defendants JURY TRIAL DEMANDED PRAECIPE TO FILE STIPULATION TO THE PROTHONOTARY: Kindly file of record the attached Stipulation of Counsel regarding the above-referenced matter. Date: 1l 1101 / FOULKROD ELLIS By: 0-?gx- Leijh A.J. Ellis, Esquire Attorney I.D. No. 53229 Cindy N. Ellis, Esquire Attorney I.D. No. 83823 Nov 18 09 11:33a NOW LLP FOULKROD ELLIS Professional Corporation 2010 Market Street Camp Hill, Pennsylvania 17011 Telcphone: (717) 909-7006 Fax: (717) 909-6955 CONNIE N. GRIFFIE, as Administrator of the Estate of STEPHEN M. RICE, Deceased and CONNIE N. GRIFFIE, Individually and in her own right, Plaintiff V. JASON A. RAMIREZ, M.D. AND SPRING ROAD FAMILY PRACTICE, Defendants 7175419206 Attomcy for Defendants: Jason A. Ramirez, M.D. and Spring Road Family Practice IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW MEDICAL PROFESSIONAL LIABILITY ACTION NO. 09-6668 JURY TRIAL DEMANDED STIPULATION OF COUNSEL p.2 AND NOW come Defendants, Jason A. Ramirez, M.D. and Spring Road Family Practice, by and through their counsel, Foulkrod Ellis, P.C. and Plaintiff, Connie N. Griffie, as Administrator of the Estate of Stephen M. Rice, Deceased and Connie N. Griffie, Individually and in her own right, by and through her counsel, Navisky, Olson & Wisneski, LLP, and hereby stipulate and agree as follows: 1. Counsel executing this Stipulation hereby represent and warrant that they are authorized to do so by their respective clients. 2. Paragraph 49 of the Complaint shall read as follows: 49. Defendant Ramirez failed to utilize necessary and available diagnostic tests and specialist consultations, all of which would have assisted in the proper and timely diagnosis and treatment of Mr. Rice's cardiac condition. Nov 18 09 11:33a NOW LLP 7275411.9205 P.? 3. This Stipulation may be executed in counterparts and shall be considered effective when signed by all counsel, even though signed on separate signature pages and may be filed of record. 4. A facsimile or photocopy reproduction of the signatures shall have the same effect of the original signatures. IN WITNESS WHEREOF, the parties, by their counsel have caused this Stipulation to be executed and intend to be legally bound thereby. NAVITSKY, OLSON & WISNESKI, LLP Date: i / o _ By: Dua a S. Barrick, Esquire Counsel for Plaintiffs FOULKROD ELLIS PROFESSIONAL CORPORATION Date: 0 By: Leigh A.J. llis, Esquire Cindy N. Ellis, Esquire Counsel for Defendants CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this m day of , 2009, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Duane S. Barrick, Esquire Navitsky, Olson & `JVisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) FOULKROD ELLIS PROFESSIONAL CORPORATION By: J /& rp- Crystal L. Nemetz, Secretary RLED-OFFICE OF THE PROTHONOTARY 7009 NOY 20 PM 2: 03 UtJi = s .. ?,(j !iY P'- aNSYLVnMA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CONNIE N. GRIFFIE, as Administrator of The Estate of STEPHEN M. RICE, deceased and CONNIE N. GRIFFIE, Individually and in her own right, Plaintiff VS. JASON A. RAMIREZ, M.D., and SPRING ROAD FAMILY PRACTICE, Defendants NO. 09-6668 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY JURY TRIAL DEMANDED -T y _ y ?p ^'c7 CJ't1 =? s(c O r? cii 4 N PLAINTIFF'S MOTION REQUESTING THE SCHEDULING OF A CASE MANAGEMENT CONFERENCE AND NOW, comes Connie N. Griffie, as Administrator of the Estate of Stephen M. Rice, Deceased, and Connie N. Griffie, Individually and in her own right by her attorneys Navitsky, Olson & Wisneski LLP, to hereby motion this Honorable Court to schedule a case management conference in the above-captioned case for the following reasons: 1. This medical malpractice death case was initiated by Writ of Summons on October 6, 2009. A Complaint and Certificates of Merit were then filed on November 12, 2009. 2. On November 20, 2009, Defendants filed a Stipulation of Counsel regarding the Complaint but to date have not filed an Answer to the Complaint. A copy of the Stipulation is attached hereto as Exhibit A. 3. The parties have proceeded with written discovery and both Plaintiff's and Defendant's depositions have been taken. 4. Plaintiff requests a Case Management Conference at which time deadlines can be set down for the completion of discovery, production of expert reports, for pretrial conference, and a trial date. WHEREFORE, Plaintiff requests this Honorable Court to schedule a case management conference. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP S. 1 Duan . Barrick, Esquire I.D. No. 77400 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 541-9205 Attorney for Plaintiff Date: AA, 3 la 0// ? ??Bi? FOULKROD ELLIS Professional Corporation 2010 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Fax: (717) 909-6955 C Attorney for Defendants: Jason A. Ramirez, M.D. and Spring Road Family Practice CONNIE N. GRIFFIE, as Administrator : IN THE COURT OF COMMON PLEAS of the Estate of STEPHEN M. RICE, CUMBERLAND COUNTY, Deceased and CONNIE N. GRIFFIE, PENNSYLVANIA Individually and in her own right, : Plaintiff CIVIL ACTION -LAW MEDICAL PROFESSIONAL V. LIABILITY ACTION JASON A. RAMIREZ, M.D. AND NO. 09-6668 SPRING ROAD FAMILY PRACTICE, Defendants JURY TRIAL DEMANDED PRAECIPE TO FILE STIPULATION TO THE PROTHONOTARY: Kindly file of record the attached Stipulation of Counsel regarding the above-referenced matter. Date:_L1 IM1d? FOULKROD ELLIS By: - Lei h A.J. Ellis, Esquire Attorney I.D. No. 53229 Cindy N. Ellis, Esquire Attorney I.D. No. 83823 .Nov 18 09 11:33a NOW LLP 7175 .19206 p,2 FOULKROD ELLIS Professional Corporation 2010 Market Street Camp Hill, Pennsylvania 17011 Telcphone: (717) 909-7006 Fax: (717) 909-6955 CONNIE N. GRIFFIE, as Administrator of the Estate of STEPHEN M. RICE, Deceased and CONNIE N. GRIFFIE, Individually and in her own right, Plaintiff V. Attomcy for Defendants: Jason A. Ramirez, M.D. and Spring Road Family Practice : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION -LAW MEDICAL PROFESSIONAL LIABILITY ACTION JASON A. RAMIREZ, M.D. AND NO. 09-6668 SPRING ROAD FAMILY PRACTICE, Defendants JURY TRIAL DEMANDED STIPULATION OF COUNSEL AND NOW come Defendants, Jason A. Ramirez, M.D. and Spring Road Family Practice, by and through their counsel, Foulkrod Ellis, P.C. and Plaintiff, Connie N. Griffie, as Administrator of the Estate of Stephen M. Rice, Deceased and Connie N. Griffie, Individually and in her own right, by and through her counsel, Navisky, Olson & Wisneski, LLP, and hereby stipulate and agree as follows: 1. Counsel executing this Stipulation. hereby represent and warrant that they are authorized to do so by their respective clients. 2. Paragraph 49 of the Complaint shall read as follows: 49. Defendant Ramirez failed to utilize necessary and available diagnostic tests and specialist consultations, all of which would have assisted in the proper and timely diagnosis and treatment of Mr. Rice's cardiac condition. ,Nov 18 09 11:33a NOW LLP 7175419206 p,3 • r 3. This Stipulation may be executed in counterparts and shall be considered effective when signed by all counsel, even though signed on separate signature pages and may be filed of record. 4. A facsimile or photocopy reproduction of the signatures shall have the same effect of the original signatures. IN WITNESS WHEREOF, the parties, by their counsel have caused this Stipulation to be executed and intend to be legally bound thereby. NAVTTSKY, OLSON & WISNESKI, LLP Date: D' By: Dua a S. Barrick, Esquire Counsel for Plaintiffs FOULKROD ELLIS PROFESSIONAL CORPORATION Date: 1 r do By: Leig4A.J111his, Esquire Cindy N. Ellis, Esquire Counsel for Defendants f, F? CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this ?'? day of 2009, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Duane S. Barrick, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) FOULKROD ELLIS PROFESSIONAL CORPORATION By: Crystal ?LN e mie Z4 y CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP, do hereby certify that I am serving a true and correct copy of a Plaintiffs Motion Requesting the Court Schedule a Case Management Conference upon all counsel of record via postage prepaid first class United States mail addressed as follows: Leigh A. J. Ellis, Esquire Cindy N. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Counsel for Defendants Date:.. " ,J- i Jessie K. Walsh J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CONNIE N. GRIFFIE, as Administrator of The Estate of STEPHEN M. RICE, deceased and CONNIE N. GRIFFIE, Individually and in her own right, Plaintiff VS. JASON A. RAMIREZ, M.D., and SPRING ROAD FAMILY PRACTICE, Defendants NO. 09-6668 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY JURY TRIAL DEMANDED ORDER OF COURT %i(a, AND NOW,iupon consideration of Plaintiff's Motion Requesting The Court to Schedule a Case Management Conference and to Issue a Scheduling Order pursuant to Pa. R.C.P. 1042.41, it is hereby Ordered that a Case Management Conference will be held in this matter on the _t[?day of 2011, at //- Q%'clock am/pm. The Conference will take place before The Honorable /? m cdz?? fpm 5 and counsel for all parties shall attend. BY THE COURT: J. r ., rn '71 7r- ?lcQnP 5? Q?riC? V s -T7 ?- FOULKROD ELLIS Professional Corporation 2010 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717) 909-7006 Fax: (717) 909-6955 ILEO- F iC s- THE RO T HONOTAR`+ 41 ?'AR -2 FM 3::39 t for Defendants: '?Ii'BR)rA1O C A. Ramirez, M.D. and PEN Ll!`r? g Road Family Practice CONNIE N. GRIFFIE, as Administrator of the Estate of STEPHEN M. RICE, Deceased and CONNIE N. GRIFFIE, Individually and in her own right, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MEDICAL PROFESSIONAL LIABILITY ACTION JASON A. RAMIREZ, M.D. AND NO. 09-6668 SPRING ROAD FAMILY PRACTICE, Defendants JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANTS AND NOW come Defendants, Jason A. Ramirez, M.D. and Spring Road Family Practice (hereinafter, "Answering Defendants"), by and through their counsel, Foulkrod Ellis, P.C., to file the within Answer and New Matter to Plaintiff's Complaint as follows: 1. - 2. Denied. After reasonable investigation, Answering Defendants are without knowledge or information sufficient to form a belief as to the truth of the allegations contained in these paragraphs, and the same are deemed denied and strict proof thereof is demanded at the time of trial. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. - 20. Denied generally pursuant to Pa. R.C.P. 1029(e). 21. - 23. Denied generally pursuant to Pa. R.C.P. 1029(e). By way of further answer, the allegations are conclusions of law or fact to which no response is necessary. To the extent a response is deemed necessary the allegations are denied and strict proof thereof is demanded at trial. 24. - 32. Denied generally pursuant to Pa. R.C.P. 1029(e). 33. - 39. Denied generally pursuant to Pa. R.C.P. 1029(e). By way of further answer, the allegations are conclusions of law or fact to which no response is necessary. To the extent a response is deemed necessary the allegations are denied and strict proof thereof is demanded at trial. 40. - 43. Denied generally pursuant to Pa. R.C.P. 1029(e). 44. - 56. Denied generally pursuant to Pa. R.C.P. 1029(e). By way of further answer, the allegations are conclusions of law or fact to which no response is necessary. To the extent a response is deemed necessary the allegations are denied and strict proof thereof is demanded at trial. By way of further answer, Answering Defendants hereby incorporate by reference the Stipulation of Counsel filed on November 20, 2009 as if fully set forth herein. COUNTI 57. Answering Defendants hereby incorporate their responses to Paragraphs 1 - 56 of the answer as though fully set forth herein. 58. - 59. Denied. These paragraphs contain conclusions of law or fact to which no response is required. Should a response be deemed necessary, it is expressly denied that Dr. Ramirez was in any respect negligent or that any act or omission of Dr. Ramirez caused or 2 contributed to any damages claimed by Plaintiff. To the contrary, Dr. Ramirez's care and treatment was at all times appropriate under the particular facts and circumstances of this case. The remaining averments are denied generally pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendants respectfully request that judgment be entered in their favor and against Plaintiff. COUNT II 60. Answering Defendants hereby incorporate their responses to Paragraphs 1 - 59 of the answer as though fully set forth herein. 61. Admitted. 62. - 64. Denied. These paragraphs contain conclusions of law or fact to which no response is required. Should a response be deemed necessary, it is expressly denied that Answering Defendants were in any respect negligent or that any act or omission of Answering Defendants caused or contributed to any damages claimed by Plaintiff. To the contrary, Answering Defendants' care and treatment was at all times appropriate under the particular facts and circumstances of this case. The remaining averments are denied generally pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendants respectfully request that judgment be entered in their favor and against Plaintiff. CLAIM I 65. Answering Defendants hereby incorporate their responses to Paragraph 1 - 64 of the answer as though fully set forth herein. 66. - 69. Denied. These paragraphs contain conclusions of law or fact to which no response is required. Should a response be deemed necessary, it is expressly denied that 3 Answering Defendants were in any respect negligent or that any act or omission of Answering Defendants caused or contributed to any damages claimed by Plaintiff. To the contrary, Answering Defendants' care and treatment was at all times appropriate under the particular facts and circumstances of this case. The remaining averments are denied generally pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendants respectfully request that judgment be entered in their favor and against Plaintiff. CLAIM II 70. Answering Defendants hereby incorporate their responses to Paragraph 1 - 69 of the answer as though fully set forth herein. 71. - 84. Denied. These paragraphs contain conclusions of law or fact to which no response is required. Should a response be deemed necessary, it is expressly denied that Answering Defendants were in any respect negligent or that any act or omission of Answering Defendants caused or contributed to any damages claimed by Plaintiff. To the contrary, Answering Defendants' care and treatment was at all times appropriate under the particular facts and circumstances of this case. The remaining averments are denied generally pursuant to Pa.R.C.P. 1029(e). WHEREFORE, Answering Defendants respectfully request that judgment be entered in their favor and against Plaintiff. NEW MATTER OF DEFENDANTS 85. Plaintiff s claims may be barred, in whole or in part, by the applicable statute of limitations. 4 86. Plaintiff's claims maybe barred, in whole or in part, by the doctrines of comparative negligence and assumption of the risk. 87. Plaintiff's and decedent's injuries, if any, are the result of circumstances beyond the control of Answering Defendants. 88. Plaintiff's injuries may be the result of acts or omissions of individuals over whom Answering Defendants have no control. 89. Plaintiff's claims may be barred by the Doctrine of Superseding and/or Intervening Causes. 90. The Answering Defendants were not negligent. 91. At all times materials to this litigation, Answering Defendants provided care and treatment in accordance with the applicable standard of care at the time and place of treatment. 92. Answering Defendants raise all rights, immunities and damage limitations present in the MCARE Act. WHEREFORE, Answering Defendants respectfully request that judgment be entered in their favor and against Plaintiff. Dated: 3 ), i 1 I Respectfully submitted, FOULKROD ELLIS PROFESSIONAL CORPORATION 1 By: '- Leigh W.J. Ellis, Esquire Attorney I.D. No. 53229 Cindy N. Ellis, Esquire Attorney I.D. No. 83823 5 VERIFICATION I, JASON A. RAMIREZ, M.D., individually and on behalf of Spring Road Family Practice, hereby certify that I have read the foregoing Answer and New Matter of Defendants, which has been drafted by our counsel on our behalf and that the facts set forth therein are true and correct to the best of my knowledge, information and belief. This statement and Verification are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn fabrication to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S.A. §4904. Date: 2 S u Jason A. irez, M.D., and on b alf of Spring Family Practice CERTIFICATE OF SERVICE I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this I 1'1"? day of , 2011, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Duane S. Barrick, Esquire Navitsky, Olson & Wisneski, LLP 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) FOULKROD ELLIS PROFESSIONAL CORPORATION By: /'K J Crystal L. emetz, Secretary IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CONNIE N. GRIFFIE, as Administrator of The Estate of STEPHEN M. RICE, deceased and CONNIE N. GRIFFIE, Individually and in her own right, Plaintiff VS. JASON A. RAMIREZ, M.D., and SPRING ROAD FAMILY PRACTICE, Defendants NO. 09-6668 CIVIL ACTION - LAW MEDICAL PROFESSIONAL LIABILITY ACTION JURY TRIAL DEMANDED FTR PLAINTIFF'S ANSWER TO NEW MATTER OF DEFENDANTS 85 86 87 88 t_-r i -a --, -,Y This allegation constitutes a conclusion of law to which no response is required. To the extent that any response is deemed to be required, said allegation is denied. Plaintiff's claims were filed in a timely fashion and within the applicable statute of limitations. This allegation constitutes a conclusion of law to which no response is required. To the extent that any response is deemed to be required, said allegation is denied. Plaintiff has not been comparatively negligent, nor in any way assumed the risk. This allegation constitutes a conclusion of law to which no response is required. To the extent any response is deemed to be required, said allegation is denied. Plaintiff and decedent's injuries are the result of circumstances within the control of Answering Defendants. This allegation constitutes a conclusion of law to which no response is required. To the extent any response is deemed to be required, said allegation is denied. Plaintiff's injuries were the result of acts or omissions of individuals over whom Answering Defendants had control. N 89. This allegation constitutes a conclusion of law to which no response is required. To the extent any response is deemed to be required, said allegation is denied. Plaintiff's claims are in no way barred by the Doctrines of Superseding and/or Intervening Cause. 90. This allegation constitutes a conclusion of law to which no response is required. To the extent any response is deemed to be required, said allegation is denied. Answering Defendants were negligent by failing to treat Mr. Rice's arteriosclerotic cardiovascular disease and failing to workup Mr. Rice for a cardiac cause of his chest pain. Their negligence caused Mr. Rice's death at age 48. 91. This allegation constitutes a conclusion of law to which no response is required. To the extent any response is deemed to be required, said allegation is denied. Answering Defendants failed to provide care and treatment in accordance with the applicable standard of care at the time and place of treatment. Answering Defendants failed to treat Mr. Rise's arteriosclerotic cardiovascular disease and failed to workup Mr. Rice for a cardiac cause of his chest pain. Their negligence caused Mr. Rice's death at 48 years of age. 92. These allegations constitute conclusions of law to which no responses are required. To the extent that any responses are deemed to be required, said allegations are denied. It is denied that Answering Defendants have any rights, immunities, and/or damage limitations under the MCARE Act, which will provide them a defense to their negligence in the instant action. Defendants have no credible excuses, nor defenses for their negligence in not treating Mr. Rice's arteriosclerotic cardiovascular disease and failing to workup Mr. Rice for a cardiac cause of his chest pain. Their negligence caused Mr. Rice's death at 48 years of age. 2 WHEREFORE, Plaintiff respectfully requests that judgment be entered in her favor and against Defendants. Date: 31-?Ia 011 Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP Duan `S. Barrick, Esquire I.D. No. 77400 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, DUANE S. BARRICK, being duly sworn according to law, depose and say that I am counsel for Plaintiff, Connie N. Griffie, as Administrator of the Estate of Stephen M. Rice, Deceased and Connie N. Griffie, Individually and in her own right, and I am authorized to make this affidavit on behalf of said Plaintiffs, and verify that the facts set forth in the foregoing Reply to New Matter are true and correct to the best of my knowledge, information and belief, or are true and correct based on the information obtained from Plaintiff. ANE S. BARRICI CERTIFICATE OF SERVICE I, Jessie K. Walsh, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Plaintiffs Answer to Defendants' New Matter was served upon the following person by first-class United States mail, postage prepaid on March 4, 2011, as follows: Leigh A. J. Ellis, Esquire Cindy N. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Jessie K. Walsh 4 r FOULKROD ELLIS Professional Corporation 4000 Market Street j Camp Hill, Pennsylvania 17011 Attorney for Defendants: Telephone: (717) 909-7006 Jason A. Ramirez, M.D. and Fax: (717) 909-6955 Spring Road Family Practice CONNIE N. GRIFFIE, as Administrator IN THE COURT OF COMMON PLEAS of the Estate of STEPHEN M. RI E, CUMBERLAND COUNTY, Deceased and CONNIE N. GRIF IE, PENNSYLVANIA Individually and in her own right, Pla?ntiff CIVIL ACTION - LAW MEDICAL PROFESSIONAL V. LIABILITY ACTION JASON A. RAMIREZ, M.D. AN NO. 09-6668 SPRING ROAD FAMILY PRACTICE, De ndants JURY TRIAL DEMANDED NOTICE TO PLEAD r? TO: Connie N. Griffie, as Adry inistrator m r -4c - of the Estate of Stephen . Rice, deceased x = -? r and Connie N. Griffie, ind ividually <> I and in her own right, Plai tiffs =-n c/o Duane S. Barrick, Esq uire zo = = C) Navitsky, Olson & Wisne ki, LLP t" VCD Fn 2040 Linglestown Road, S uite 303 - C:) Harrisburg, PA 17110 - YOU ARE HEREBY NOTIFIED to plead to the attached New Matter of Defendants, Jason A. Ramirez, M.D. and Spri g Road Family Practice to Plaintiff's Complaint within twenty (20) days from service hereof or a default judgment may be entered against you. Respectfully submitted, Dated: 3 1 ? / 1 FOULKROD ELLIS PROFESSIONAL CORPORATION By: C'?? v. Leigh A.J. Ellis, Esquire Attorney I.D. No. 53229 Cindy N. Ellis, Esquire Attorney I.D. No. 83823 I HEREBY CERTIFY that true and correct copies of the foregoing were served upon all counsel of record this day of , 2011, by depositing said copy in the United States Mail at Camp Hill, Pennsylvania, postage prepaid, first class delivery, and addressed as follows: Duane S. Barrick, Esquire N vitsky, Olson & Wisneski, LLP 2(40 Linglestown Road, Suite 303 Harrisburg, PA 17110 (Counsel for Plaintiff) FOULKROD ELLIS PROFESSIONAL CORPORATION Crystal . Nemetz, Secretary L- CONNIE N. GRIFFIE, As Administrator of the Estate of STEPHEN M. RICE, Deceased and CONNIE N. GRIFFIE, Individually and in her own right, PLAINTIFF V. JASON A. RAMIREZ, M.D. AND SPRING ROAD FAMILY PRACTICE, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-6668 CIVIL TERM c -vim - --? te r- a ca r-- C) - n - --, to ORDER OF COURT AND NOW, this day of April, 2011, after a case management conference the parties having agreed to the following dates, the court ORDERS that: (1) Plaintiff's expert report shall be due by May 30, 2011. (2) Defendants' expert report shall be due by July 25, 2011. (3) Rebuttal reports, if any, shall be due on August 22, 2011. (4) Dispositive motions, if any, shall be filed on August 22, 2011. (5) Motions in limine shall be submitted by the parties at the time of the pre-trial conference on September 7, 2011. (6) The parties agree that this matter shall be listed for the September trial term commencing on September 19, 2011. By the Court, Albert H. Masland, J. Duane S. Barrick, Esquire For Plaintiff Leigh A.J. Ellis, Esquire Cindy N. Ellis, Esquire For Defendants 'I[,Q I ? ? ` ? 11 :saa s r. i. 13 r t i aJ c. PRAECIPE FOR LISTING CASE FOR TRIAL 2,311 JU 27 hM 13 : 1"I (Must be typewritten and submitted in triplicate) CUMBERLAND COUNTY TO THE PROTHONOTARY OF CUMBERLAND COUNTY PENNSYLVANIA Please list the following case: XJ for JURY trial at the next term of civil court. ? for trial without a jury. -------------------------------- -------------------------------------------------- - CAPTION OF CASE (entiirreE?caption must be stated in ull) Estate of '1 oe sed WTY?e Cj? CONNIE N. G?, ivicaally and in her own. right (Plaintiff) vs. JASON A. RAMIREL, M_D. and SPRING ROAD FAMlY PRACTICE (Defendant) VS. Indicate the attorney who will try case for the party who files this praecipe: Duane S. Barrick, Esquire Indicate trial counsel for other parties if known: Leigh A.J. Ellis, Esquire The trial list will be called on and Auaust 23. 2011 Trials commence on September 19, 2011 Pretrials will be held on September 7, 2011 (Briefs are due S days before pretrials No. 09-6668 Term (check one) ? Civil Action - Law ? Appeal from arbitration ® Civil Action - Medical Professional (other) i ility This case is ready for trial. Signed: July 25, 2011 Date: Print Name: Duane S. Barrick, Esquire Attorney for: Plaintiff a a v2 S .ooPd a H? CLj?- 1300 IN THE COURT OF COMMON PLEAS r CUMBERLAND COUNTY, PENNSYLVANIA ca r zrn M rnr X?o -V -urn CONNIE N. GRIFFIE, as Administrator of NO. 09-6668 The Estate of STEPHEN M. RICE, deceased CIVIL ACTION - LAW -? x and CONNIE N. GRIFFIE, Individually and ? - v =r in her own right, ) ?.? C r7? Plaintiff -- > VS. MEDICAL PROFESSIONAL LIABILITY JASON A. RAMIREZ, M.D., and SPRING ROAD FAMILY PRACTICE, JURY TRIAL DEMANDED Defendants PLAINTIFF'S SUPPLEMENTAL MOTION INLIMINE WITH SUPPORTING LEGAL AUTHORITY Plaintiff, Connie N. Griffie, as Administrator of the Estate of Stephen M. Rice, deceased and Connie N. Griffie, Individually and in her own right, by and through her attorneys, Navitsky, Olson & Wisneski LLP hereby files the following Supplemental Motion in Limine. MOTION IN LIMINE TO PRECLUDE BRUCE RUTH AND ANY OTHER LAY WITNESSESS FROM TESTIFYING, HAVING CERTAIN PORTIONS OF THEIR DEPOSITION TRANSCRIPTS READ, OR IN ANY WAY OFFERING OPINIONS AT TRIAL ON THE SUBJECTS OF LIABILITY AND CAUSATION This is a medical malpractice action, which Plaintiff alleges resulted in the wrongful death of 48 year old Stephen Rice. Mr. Rice was employed as a van customizer. A position he held in excess of 23 years. For the last 16 or so years of his employment as a van customizer, Mr. Rice's employer was Bruce Ruth at Dawn Conversions, Inc. in Carlisle, Pennsylvania. On April 1, 2011, Mr. Ruth's deposition was taken by counsel for Defendants. A copy of Mr. Ruth's deposition transcript is attached hereto as Exhibit A. During Mr. Ruth's deposition either in response to queries or on his own initiative, Mr. Ruth offered or attempted to offer his opinions on such subjects as the effects of caffeine/coffee, weight ("heavy down" "unhealthily thin"), weight loss stimulants ("caffeine and nicotine"), and concerning Steve's complaint to Defendant Ramirez of chest pain ("Steve, that doesn't sound like indigestion to me ", "That's a symptom of a heart attack", "I was 99 percent sure 500 pounds on your chest was a symptom of a heart attack", "Now usually, you know, the other symptoms come with it, and that's why I wasn't totally alarmed that he didn't go back and follow it up, but I thought it warranted myself, I thought it warranted follow-up, you know, if not immediately, several days later", "You need to go get a second opinion .. somebody who specializes in heart", "Any second year medical student would know that's a symptom of a heart attack", "the statistics showed if you have a heart attack and it goes untreated, you will have another one seven to ten days later", "still drinking coffee as much as he always did and still smoking cigarettes as much as he always did, so in my own mind I'm thinking, well, he's not taking any precautionary steps, so he must be okay", "but here again, the heavy weight on the chest and the shooting pain down your left arm, that's like the first two symptoms anybody knows. I think you could ask a 25 year old and they would know that", and "It's just such a common symptom of a heart attack") Since this matter is a medical malpractice action, it is governed by Pennsylvania statutory law, in particular, 40 P.S. §1303.512, The Medical Care Availability and Reduction of Error (MCARE) Act, which provides as follows: (a) General rule. - - No person shall be competent to offer an expert medical opinion in a medical professional liability action against a physician unless that person possesses sufficient education, training, knowledge and experience to provide credible, competent testimony and fulfills the additional qualifications set forth in this section as applicable. (b) Medical testimony. - - An expert testifying on a medical matter, including the standard of care, risks and alternatives, causation and the nature and extent of the injury, must meet the following qualifications: 2 (1) Possess an unrestricted physician's license to practice medicine in any state or the District of Columbia. 40 P.S. §1303.512. Since Mr. Ruth and any other "lay" (non-M.D./non-D.O.) witnesses who may testify at trial in person or via a reading of their deposition transcript, are not licensed physicians of medicine, they are not qualified to offer medical testimony on liability and causation issues. The Pennsylvania's General Assembly's reference to an expert "possessing an unrestricted physician's license to practice medicine" unambiguously denoted a medical doctor or osteopath licensed by a state board appropriate to such practices as that phrase was used in Medical Care Availability and Reduction of Error Act (MCARE Act) providing that expert testifying on medical matter must possess an unrestricted physician's license to practice medicine in any state. Wexler v. Hecht, 928 A.2d 973 (Pa. Super. 2007). WHEREFORE, since Bruce Ruth and any other lay witnesses do not meet the statutory requirement of possessing an unrestricted physician's license to practice medicine, Plaintiff respectfully requests this Honorable Court to prohibit Bruce Ruth and any other lay witnesses from testifying, having certain portions of their deposition transcripts read, or in any way offering opinions at trial on the subjects of liability and causation. Respectfully submitted, NAVITSKY, OLSON & WISNESKI LLP Duane . Barrick, Esqui I.D. No. 77400 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Date: September 9, 2011 Counsel for Plaintiff 3 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . . . . . . . . . . . . . CONNIE N. GRIFFIE, as Administratrix of the Estate No. 09-6668 of Stephen M. Rice, deceased, . and CONNIE N. GRIFFIE, Civil Action - Law individually and in her own Medical Professional right, Liability Plaintiff,. VS. JASON A. RAMIREZ, M.D., and SPRING ROAD FAMILY PRACTICE, .Jury Trial Demanded Defendants.. . . . . . . . . . . . . . . . . Deposition of: BRUCE A. RUTH Taken By: Defendants Date: April 1, 2011, 9 a.m. Place: 4000 Market Street Camp Hill, Pennsylvania Before: Cindy L. Reilly, Notary Public Registered Diplomate Reporter APPEARANCES: NAVITSKY, OLSON & WISNESKI, LLP By: DUANE S. BARRICK, ESQ. For - Plaintiff FOULKROD ELLIS By: LEIGH A.J. ELLIS, ESQ. I For - Defendants 2 4 INDEX 1 because we have a court reporter. You're WITNESS 2 doing fine with that right now. And if you 3 would, we need to try - in normal BRUCE A. RUTH EXAMINATION 4 conversation people speak over each other just By Mr. Ellis 3 5 out of enthusiasm for the conversation. 6 We can't do that when you've got a By Mr. Barrick 25 7 court reporter here because she can't get down 8 two people speaking at once. 9 A. Okay. 10 Q. So we'll both have to try not to do that. 11 Mr. Barrick is here representing the 12 Plaintiffs, Mrs. Rice, and I think we're just 13 about ready to get going. 14 Usual stipulations? 15 MR. BARRICK: Not today. 16 MR. ELLIS: What do you want to do? 17 MR. BARRICK: Just let the objections 18 come up as they come up. 19 MR. ELLIS: Okay. You want to do 20 Mal objections? 21 MR. BARRICK: That's fine. 22 MR. ELLIS: Okay. 23 BY MR. ELLIS: 24 Q. It's nothing for you to worry about. In the 25 discovery process often we waive objections to 3 5 1 BRUCE A. RUTH, having been duly 1 everything but the form of the question at 2 sworn, was examined and testified as follows: 2 these discovery depositions. In this case we 3 EXAMINATION 3 may be making a few more objections, but it's 4 BY MR. ELLIS: 4 nothing to be concerned about. It's not going 5 Q. Mr. Ruth, good morning. 5 to be contentious between Duane and I. 6 A. Good morning. 6 A. Okay. 7 Q. My name is Leigh Ellis. I'm a lawyer. I 7 Q. It's just making a record for a Court to rule 8 represent Dr. Ramirez in a lawsuit that has 8 on in the future. 9 been filed by Stephen Rice's estate, his wife, 9 A. All right. 10 with respect to his passing. I'm going to be 10 Q. All right? Could you give me your full name 11 asking you some questions here today. 11 again, please? 12 Please make sure that you both hear 12 A. Bruce Alan Ruth. 13 and understand my questions. Your testimony 13 Q. Okay. How do you spell Alan? 14 is going to be taken down by our court 14 A. A-L-A-N. 15 reporter here, and it will end up in a written 15 Q. Mr. Ruth, what is your place of business? 16 form, a little booklet. That will constitute 16 A. It's Dawn Conversions, Incorporated, Mount 17 your sworn testimony in this case. 17 Holly Pike in Carlisle. 18 A. Okay. 18 Q. And if we would need to Subpoena you to come 19 Q. Is there any reason you would be unable to 19 to Court - that may or may not be 20 give us full and truthful answers today? 20 necessary - where would we send that? 21 A. No. 21 A. You can send it to that address, 1445 Holly 22 Q. You're not under any medication or anything 22 Pike. 23 like that? 23 Q. Very good. No plans on leaving the 24 A. No. 24 business - 25 Q. Okay. All your responses need to be verbal 2 5 A. No. 2 (Pages 2 to 5) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 1-800-233-9327 Exam./ Ellis - Ruth 6 8 1 Q. - or anything? How long have you been at the 1 A. No. 2 business? 2 Q. You know what I mean by that? 3 A. 21 years. 3 A. Right. No, not that I know of, no. 4 Q. Good for you. Good for you. You employed 4 Q. Was he an alcohol drinker? 5 Stephen Rice I think for about 20 years, 5 A. No. 6 didn't you? 6 Q. Did you ever speak to him about the - well, I 7 A. I purchased the business in 1990. He had 7 think you've also suggested at one point - 8 already been working for the company for 8 I'm doing a terrible job here. I know you've 9 approximately six years I believe. 9 spoken to my office maybe on two occasions. I 10 Q. Okay. 10 don't think you and I have ever spoken on the 11 A. So he came with the business, and then he died 11 phone. I know I think you spoke to 12 in'07. He worked for me actually for almost 12 Mr. Barrick as well - 13 17 years. 13 A. Yes. 14 Q. Great. What did he do there? 14 Q. - about Mr. Rice. It's my understanding that 15 A. Primarily he customized vans, the interior of 15 Mr. Rice apparently used to drink coffee to 16 vans. That was his primary job. Secondly, we 16 countereffect the effects of these seizure 17 also have a car repair business there, and he 17 medications, is that true? 18 made some minor repairs to cars. I also have 18 A. Yes. We had -- 19 rental properties, and he was a carpenter, 19 MR- BARRICK: Just an objection. It 20 plumber, electrician. 20 could be going into the area of unqualified 21 He always said he was a 21 expert testimony trying to make the -- 22 jack-of-all-trades but master of none, that 22 MR. ELLIS: Understood I understand 23 type of thing, so he was kind of an all-around 23 the objection. 24 guy. 24 MR. BARRICK: Okay. 25 Q. What was his work week? 25 A. We had one coffee pot. Steve made the coffee, 7 9 1 A. Monday through Friday 8 to 5. 1 and it was a joke in the office or in the 2 Q. Obviously because he was with you for 2 company that his coffee was undrinkable. 3 17 years, I assume you felt he was a good 3 BY MR ELLIS: 4 worker? 4 Q. Why's that? 5 A. Yes. 5 A. Well, it was just so strong. I would 6 Q. Good employee? 6 literally pour a half a cup and then put a 7 A. Yes. 7 half a cup of hot water in with it, and then 8 Q. Did you like him? 8 that was about the normal strength, but the 9 A. Oh, yeah. 9 other thing was he carried with him probably a 10 Q. Now, as you are aware - well, let me ask you 10 20-ounce thermostat mug type thing that in 11 this basically. Was he a smoker? 11 conversations with him, he drank two or three 12 A. Yes. 12 of those a day, which equated out to about two 13 Q. Do you know how much he smoked? 13 pots of coffee a day. He would make three for 14 A. At work he was over two packs a day. 14 a normal day, and here again, the reason I 15 Q. Did he take any medications, to your 15 knew that was because I purchased the coffee 16 knowledge? 16 for everybody. 17 A. Yes. I don't know the name of it, but he had 17 Q. Sure. 18 told me that he had an epileptic fit or 18 A. So we went through coffee pretty fast, and I 19 several of them approximately back in the 19 always -- you know, it was just a running joke 20 early '70s I believe, and he was on some 20 there in the company. 21 medicine for that to prevent any seizures. 21 Q. Understood. Do you know anything about his 22 Q. Ali right. Anything else you're aware of? 22 eating habits? 23 A. Not that I'm aware of, no. 23 A. I know what he liked. I mean, one of his 24 Q. He didn't take any street drugs to your 24 favorite meals he always said was Middlesex 25 knowledge, did he? 25 prime rib, so he was a meat and potatoes 3 (Pages 6 to 9) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 1-800-233-9327 Exam./Ellis - Ruth 10 12 1 eater. His weight would fluctuate up and 1 that visit after that visit bad occurred? 2 down, as a lot of us do, but - 2 MR BARRICK: Just an objection to 3 Q. Tell me about it. 3 hearsay. 4 A. He would go from literally being what you 4 MR ELLIS: Sure. 5 would call heavy down to being what you would 5 A. Yeah, he missed work obviously on Monday, 6 call unhealthily thin. 6 which was not common for Steve. I mean, he 7 Q. Okay. 7 missed work, but he usually didn't tie into a 8 A. Over the course of a year, not quickly. But I 8 weekend. A lot of guys miss work on Monday 9 always equated that to two things. One was if 9 because of what they did on the weekend, but 10 he just watched what he ate he -- 10 Steve wasn't one of those. 11 MR. BARRICK Again, just an 11 And so when he came back to work on 12 objection as to unqualified expert testimony, 12 Tuesday, obviously we all wanted to know what 13 but go ahead. 13 the problem was, and he told us. You know, he 14 A. Because I was always trying to lose weight, 14 told us what the symptoms were. 15 and he would always joke and say, "I can lose 15 MR BARRICK: Just an objection as to 16 weight easy." But he would just watch what he 16 what Steve told him. Go ahead 17 ate, and he would lose weight because he was, 17 BY MR ELLIS: 18 number one, so active. 18 Q. That's okay. What did he say? Let me ask you 19 I told him, I said go sit behind my 19 this, and who did be say It to? 20 desk and see how fag you can lose weight. 20 A. He said it to me. He always felt the need - 21 And then rd say, number two, you're taking 21 I mean, he would go to the doctor sometimes 22 two stimulants a day to help your weight loss, 22 and miss work and bring me a doctors accuse, 23 and that's, you know, caffeine and nicotine, 23 and Id always say, "Steve, I don't need a 24 so-- 24 doctor's excuse. I trust if you're sick. I 25 MR. BARRICK: Again, another 25 don't need a doctor's excuse." 11 13 1 objection. Unqualified expert testimony. 1 And my point just to say that was 2 A. Right. But that's what I would joke with him 2 don't go to the doctors just to get a doctor's 3 on. 3 excuse. If you're sick, stay home and get 4 BY MR ELLIS: 4 better and then come to work. But so he felt 5 Q. Sure. 5 the need to explain everything to me that he 6 A. And he would always say, well, just drink more 6 in fact was not capable of coming to work that 7 coffee and start smoking and you'll be able to 7 day. 8 lose weight, too. 8 And he said he had cheat pains and 9 Q. Now, I'm going to get sort of right into the 9 short of breath, and I just asked him, "Well, 10 facts of this case. I'll represent to you 10 what did the doctor say?" And he said, "Well, 11 that the only time he came to see my client, 11 they rat some tests, and, you know, they gave 12 Dr. Ramirez, with a chest pain complaint was 12 me pills for" - basically pills for 13 on October 22nd of 107. All right? 13 indigestion is what I got from it. And I 14 Laving oriented you to that - and 14 said, "Oh, okay." 15 I'll tell you that our calendars say that that 15 And I don't know if it was in that 16 was a Monday. All right? 16 conversation or later that day I just asked 17 A. Okay. 17 him, "What exactly were your symptoms, Steve?" 18 Q. An office visit with Dr. Ramirez on Monday, 18 You know, he said pain in the chest. And he 19 and you weren't there for that obviously, 19 said, "Well, it felt like there was 500 pounds 20 correct? 2 0 on my chest." 21 A. Correct. 21 So I didn't say anything at that 2 2 Q. And you don't know what was discussed in that 22 point. I just thought about it for a little 23 visit firsthand? 23 bit. 2 4 A. I do not. 2 4 Q. Did he say anything more about shortness of 25 Q. But do you recall speaking with Mr. Rice about 2 5 breath to you? 4 (Pages 10 to 13) . Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 1-800-233-9327 Exam./Ellis - Ruth 14 16 1 A. No, no, not at that point. And I thought 1 game, late night Sunday night football game, 2 about it, and I went back up -- here again, 2 and that he started I believe at that point 3 when I say back up, my office and his building 3 not feeling well, and I think -- I'm guessing 4 are two different buildings. I said, "Steve, 4 that your Monday is when he went in the early 5 that doesn't sound like indigestion to me." 5 hours of Monday to him. 6 And he said, "Oh, I feel great now." 6 I believe he - till we started at 7 I said, "That's a symptom of a heart attack." 7 8 o'clock, we already knew he was at the 8 MR. BARRICK: Again, objection. 8 hospital. So I'm not sure what your time is 9 Unqualified expert testimony. 9 on that Monday, but my recollection is he 10 A. And maybe you should probably get a second 10 started not feeling good Sunday night and went 11 opinion or just go back to the same clinic or 11 early Monday morning, was kind of trying to 12 to the hospital you went to and just tell them 12 work his way through it Sunday evening and it 13 you want some more tests or whatever. And he 13 got so bad that he went to the hospital in the 14 just said, "I feel a lot better now. The 14 wee hours of the morning. That's my 15 pills seem to be working, and so rm just 15 recollection. 16 going to wait it out and just to see." 16 BY MR. ELLIS: 17 BY MR. ELLIS: 17 Q. Okay. Is that recollection based on what you 18 Q. Okay. So he told you that he had actually 18 believe Mr. Rice told you? 19 taken some sort of pills for indigestion? 19 A. No, no. That's just from logistically in my 20 A. Yeah. 20 mind when I got in there at 8 o'clock, l 21 MR. BARRICK: Same objection. 21 already knew he was off work. 22 Hearsay. 22 Q. Okay. 23 A. Yes. He told me that, yes. 23 A. And at the hospital. 24 BY MR. ELLIS: 24 Q. How did you know that? 25 Q. Okay. Did he happen to tell you or do you 25 A. I said, "Where's Steve?" They said, "He's at 15 17 1 know whether he had any similar chest pain 1 the hospital." Connie had called in and said 2 episodes before this incident? 2 he wouldn't be in. 3 A. I do not know. 3 Q. Okay. 4 Q. Okay. To your knowledge, did he continue to 4 A. And so then I don't know that we saw him on 5 work for you between that date and the day of 5 Monday. I don't believe we did. But he 6 his demise? 6 actually came back to work I think Tuesday, 7 A. Yes. He did not -- I don't believe he missed 7 so. 8 another day. 8 Q. I understand. Did you have any discussions 9 Q. Did he tell you of any further chest pain 9 with him on that Tuesday about whether or not 10 episodes? 10 he had experienced any arm pain? 11 A. No. 11 MR BARRICK: Just objection to 12 Q. Did you notice anything about him to suggest 12 hearsay. 13 to you that he was having any chest pain? 13 A. No, I did not have any discussion about that. 14 A. No. He worked his normal as he always did. 14 BY MR ELLIS: 15 Q. Did he tell you anything about how long or - 15 Q. You didn't ask him about that? 16 well, how long he'd had the chest pain before 16 A. Didn't ask him. He didn't say that was one of 17 going to see Dr. Ramirez on that Monday? 17 his symptoms. 18 A. No, I don't. 18 Q. Now, did you call your son on Tuesday to speak 19 MR. ELLIS: You have a hearsay 19 to him about - 20 objection? 20 A. Yeah, I asked him about - 21 MR. BARRICK: Yes, same objection. 21 Q. - Mr. Rice's - 22 A. I just have a recollection that he was -- the 22 A. I'm sorry. 23 night before, I guess Sunday night, here 23 Q. That's okay - Mr. Rice's chest pain issues? 24 again, it is just a recollection, that he was 24 MR BARRICK: Just objection again 25 watching an Eagles game or something, football 25 about hearsay. 5 (Pages 14 to 17) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 1-800-233-9327 Exam./Ellis - Ruth 18 20 1 A. I actually since this all started, I called my 1 maybe he should go to the ER? 2 son to ask him if he remembered me calling 2 A. I said, "You need to go get a second opinion." 3 him, and he said, "No, I don't," but I call 3 I said, "Now, you can either do that by going 4 him 50 times a year. 4 back to the hospital or just go into the 5 BY MR ELLIS: 5 Yellow Pages and find somebody that 6 Q. Sure. 6 specializes in heart," I said, "but you need 7 A. I try to when people I know have some kind of 7 to follow up on that." 8 a symptom, I'll call him, and a lot of times I 8 Q. Now, what do you recall - did you actually 9 have to leave a message because he's just a 9 call your son an that Tuesday? 10 resident, but he doesn't remember, but -- 10 A. Yes. 11 Q. What do you remember? 11 Q. All right. And again, you're 99 percent 12 A. I remember calling. I thought I called him, 12 certain it war your son as opposed to another 13 but I know other doctors, too, and my normal 13 doctor ti* you caW? 14 procedure is if I call him and he doesn't 14 A. I know I would have placed a call to him. 15 answer, then I call one of my other doctor 15 Whether or not I got the answer frown him or 16 friends. 16 not, I'm not totally sure. 17 Q. Do you have a memory of calling - 17 Q. Okay. 18 A. No, I don't. 18 A. My son didn't mall, but like I said - 19 Q. - somebody? 19 Q. Sure. 20 A. Yes, yes, just to double-check. But I was 20 A. -- it's one of - 21 99 percent sure 500 pounds on your chest was a 21 Q. So whoever it wag you called, can you tell me 22 symptom of a heart attack. 22 about that conversation? 23 MR. BARRICK: Just an objection to 23 MR. BARRICK: And sane objection, 24 unqualified expert testimony. 24 hearsay- 25 MR. ELLIS: Sure. 25 A. Yes, that was _ the conversation was - and I 19 21 1 A. Now, usually, you know, the other symptoms 1 thought he was laying on the floor. He said, 2 come with it, and that's why I wasn't totally 2 "It felt like if I was laying on the floor 3 alarmed that he didn't go back and follow it 3 there was 500 pounds on my chest." And I gave 4 up, but I thought it warranted myself, I 4 that symptom to whoever I was talking to, and 5 thought it warranted a follow-up, you know, if 5 they said, this was their response, "Any 6 not immediately, several days later, because 6 second year medical student would know that's 7 one of my suggestions was if you don't want to 7 a verystrong symptom of a heart attack." 8 go back to emergency - his big hang-up was 8 BY MR ELLIS: 9 going back to the emergency room and going 9 Q. Okay. 10 through that whole process of the emergency 10 A. And that's what I conveyed to Steve. 11 room. 11 Q. And what did Steve say to you? 12 BY MR. ELLIS: 12 MR. BMMICK: Satre objection about 13 Q. Why do you say that? 13 hearsay. 14 A. Well, he never liked to go to the doctor - 14 A. No response probably or just said okay, kind 15 emergency room. He would go see his own 15 of - I think in his mind the pills were 16 doctor, but in going after hours, of course, 16 working. He had indigestion. The pills were 17 you'd have to go to the emergency room, and 17 working. He was fine. I think that was in 18 that's a several hour usually process. 18 his mind. 19 Q. Did he tell you that he didn't like to do 19 So I was kind of beating a dead horse 20 that? 20 trying to -- two, three times I talked to him 21 A. Yes, yes. 21 that day trying to give him a sense of urgency 22 Q. Did you suggest to him - and let's stick with 22 or a need, and it was failing on deaf ears, so 23 that Tuesday, if we can. 23 after Tuesday, I think that was about the last 24 A. Okay. 2 4 I brought it up. 25 Q. Did you suggest to him on that Tuesday that 25 BY MR. ELLIS: 6 (Pages 18 to 21) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236.0623 York 717-845-6+1181-800-233-9327 Exam./Ellis - Ruth 22 24 1 Q. That was going to be my next question. Did 1 Q. I'm just trying, there's no bad blood 2 you ever speak to him again during that period 2 between - 3 of time? 3 A. Oh, no, no. 4 A. I don't recall. I don't recall, no. 4 Q. - you and Connie or you and Steve in the end? 5 Q. Did you ever suggest to him to go up to 5 A. No. 6 Hershey? 6 Q. Now, I know you spoke to I think it was some 7 A. No. 7 of the folks in my office, although it wasn't 8 Q. Did you suggest to him that the concern would 8 me. Did you also speak to Mr. Barrick about 9 be he might have another heart attack, if 9 Mr. Rice - 10 indeed he'd had one? 10 A. Yes. 11 A. Yes. Whoever I talked to, and let's for a 11 Q. - before you came to this deposition? 12 second say it was my son, said the statistics 12 A. Yes. 13 showed if you have a heart attack and it goes 13 Q. What did the two of you discuss? 14 untreated, you will have another one seven to 14 A. He just basically was describing to me 15 ten days later. 15 procedurally what was going to happen here 16 Q. Did you tell him that? 16 today. 17 A. Yes. 17 Q. Right. 18 Q. What was his response to that? 18 A. So I was, you know, aware of what was going to 19 MR. BARRICK Objection about 19 happen, and a lot of the same things you just 20 hearsay. 20 prefaced the meeting with, speak slowly, 21 MR. ELLIS: Sure. 21 clearly, don't step on anybody else. 22 A. Basically the same. Just politely listened to 22 Q. Yes. 23 me and as an employee-boss type thing, but I 23 A. So things like that. And basically what we 24 don't think he believed me. 24 had already discussed here this morning. 25 BY MR. ELLIS: 25 Q. Did you discuss anything else other than what 23 25 1 Q. Did you get any sense - you saw him every 1 we have discussed here this morning? I just 2 workday up until the day he passed, correct? 2 want to make sure I'm not missing something. 3 A. Correct. 3 A. No, no. 4 Q. Did you get any sense from him that he was 4 Q. Okay. So we've got the substance? 5 feeling sick or ill or anything going on? 5 A. You got the substance, yes. 6 A. No. The only thing I did note was he was 6 Q. Is there anything else that you can tell us 7 still drinking coffee as much as he always did 7 about Mr. Rice between the date of his office 8 and still smoking cigarettes as much as he 8 visit with Dr. Ramirez and the time of his 9 always did, so in my own mind I'm thinking, 9 death, anything else of any significance in 10 well, he's not taking any precautionary steps, 10 your mind? 11 , so he must be okay. 11 A. No, no. And to be quite honest, in my mind I 12 Q. Did you ever talk to Connie about Steve and 12 thought that was a much shorter period than 13 what he should do? 13 what it was. To me in my mind it was only 14 A. I don't recollect. I probably didn't. I 14 like a week later, because it happened so 15 never talked to her very much, so. 15 quickly in my mind, but I was surprised to 16 Q. You're not friendly with his wife at all? 16 hear that it was three weeks later. 17 A. No. 17 Q. I think that's all the questions I have for 18 Q. You know her? 18 you. 19 A. Oh, yeah. They lived right on my lot there, 19 A. Okay. 20 and I lent them money several times where they 20 EXAMINATION 21 both had to sign sales agreement type things. 21 BY MR BARRICK 2 2 Q. Okay. Did they fulfill their obligation - 22 Q. I have a couple, Mr. Ruth. 23 A. Yes. 23 A. Okay. 24 Q. - in terms of paying you back? 24 Q. Who did Steve work with on a daily basis at 25 A. Yes. 25 Dawn Conversions? 7 (Pages 22 to 25) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 1-800-233-9327 Exam./Barrick - Ruth 26 28 1 A. You mean when he was - 1 festivity? 2 Q. Back in October, November 2007. 2 A. No, no. He knew I liked prime rib, and I 3 A. That would have been Timothy Coupe, C-O-U-P-E. 3 would tell him -- if I had prime nb 4 Q. Anyone else beside Mr. Coupe? 4 somewhere, I'd say, "Steve, you got to go 5 A. Not on a daily basis. Tim - Steve worked - 5 here." And he'd want to know, "How much is 6 one of the other employees that came with the 6 it?" And I'd tell him. He goes, "Oh, man, 7 business was a Rich McGowan. He worked for 7 Middlesex you can get it for 12.95," and it is 8 15 years, and then he went and got another 8 a great big I can hardly eat the whole thing 9 job, and then I hired this Tim Coupe to 9 type conversation. That's how 1 knew that 10 replace Rich, who was kind of an apprentice to 10 Q. Have you ever had the Middlesex Diner prime 11 Steve, so any time they were doing any kind of 11 rib? 12 job at all I tried to have Tim and Steve 12 A. Yeah, yeah, it was good 13 together so he would learn from Steve. 13 Q. So would you recommend it? 14 Q. Is Mr. Coupe still with Dawn Conversions? 14 A. Yeah, I would For the price, it's tough to 15 A. Yes. 15 beat for the price, yeah. 16 Q. Is there a Bob Swigert? 16 Q. What was Steve's; pay rate bade, If youzeeall, 17 A. Yes. 17 approximately brick in November of 2007 when he 18 Q. Is he still at Dawn Conversions? 18 would have passed away? 19 A. Yes. 19 A. $12 per hour. 20 Q. Did he work with Steve at all? 20 Q. While Steve was at Dawn Conversions for the 21 A. Not work with him. He was basically his 21 17 years, would be have incremental rakes in 22 immediate supervisor. 22 bis pay rate? 23 Q. Okay. What's Mr. Swigert's position now? 23 A. Every January. 24 A. He's my operations manager. He's my 24 Q. So if he was making° $12 an hour in November of 25 right-hand man. 25 '07, any idea bow much it would have jumped to 27 29 1 Q. And do you have any idea how to spell Swigert? 1 in January of '08? Was it a set percentage 2 A. S-W-I-G-E-R-T. 2 each year or set - 3 Q. Beside Mr. Coupe and Mr. Swigert, anyone else 3 A No, it was whatever the company could afford, 4 who might have worked with Steve back in 4 and, we were a small company back then. We 5 October, November of 2007 that might still be 5 might have had five employees, so it was based 6 with Dawn Conversions? 6 on the previous year's profit basically and 7 A. No. 7 what we had projecting, so I would say the 8 Q. Connie had mentioned in her deposition that 8 normal raise would have been approximately 9 sometimes her and Steve would have lunch 9 50 cents an hour per year. 10 together. Do you recall them having lunch 10 Q. Now, this Is roughly tbrea and a half years 11 together In the parking lot or going out to 11 since then, so you tkAnk-he nsiW°be up to 13 12 lunch together at all? 12 or 13.50 about now If be urns sM working 13 A. I didn't totally remember, but my office 13 there? 14 manager reminded me, and then I remembered 14 A. Yes. 15 once she reminded me that Connie would come 15 MR. ELLIS: Just speculation. 16 over in her car, and Steve would go out in the 16 MR. BARRICK: Sure. 17 parking lot and sit in the car and they would 17 A. Yeah, Steve was an intricate part of my 18 have lunch together. 18 company only because I could use him in so 19 Q. You mentioned about Steve going to the 19 many dnTerent places that I tried my best to 20 Middlesex Diner to get prime rib and things? 20 give him - if I gave one of my mechanics 21 A. Yeah. 21 50 cents an hour, I would make sure Steve got 22 Q. Would other folks from Dawn Conversions go 22 50 cents an hour. 23 there and have prime rib, also? 23 Even though the mechanics were making 24 A. Not that I know of, no. 24 $1, $1.50 more per hour, I would still give 25 Q. It wasn't like a company Friday night sort of 25 Steve the same incremental dollar amount 8 (Pages 26 to 29) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-$46-6418 1-800-233.9327 Exam./Barrick - Ruth 30 32 1 increase. So I would say Steve would probably 1 you have any idea who the other doctors may 2 be at 13.50, and that's an estimated guess. 2 have been? 3 BY MR BARRICK: 3 A. Well, my best friend is a psychiatrist - 4 Q. Now, beside a salary or an hourly rate of pay 4 psychologist, who's a couple years older than 5 at Dawn Conversions, did Steve also have the 5 me, and I may have called him, because he 6 ability to have benefits or health insurance 6 keeps up on all that kind of thing, so once 7 or disability benefits? 7 you hit 60, and rm 60 now, but I wasn't then. 8 A. He had health insurance for himself, yes. 8 He would keep - but here again, the 9 Q. Did he have to pay toward the health insurance 9 heavy weight on the chest and the shooting 10 at all? 10 pain down your left arm, that's like the first 11 A. No. 11 two symptoms anybody knows. I think you could 12 Q. Did he have any short-term disability or long- 12 ask a 25-year-old and they would know that, 13 term disability, anything like that? 13 most 25-year-olds. 14 A. No. 14 So if I hadn't have gotten a response 15 Q. How about vacation time? Did he have a week 15 back from whoever I called, whether my son or 16 or so paid vacation? 16 my friend, I still would have given him the 17 A. He had two weeks' vacation and then we have 17 same advice. It's just such a common symptom 18 the normal seven or eight paid national 18 of a heart attack that... 19 holidays on top of that. 19 Q. Who is your friend, is it a psychiatrist or 20 Q. And does the number of vacation days go up the 20 psychologist? 21 longer somebody's at Dawn Conversions? 21 A. He's a psychologist. 22 A. Yeah, it's kind of informal there, but, yeah, 22 Q. Does that mean he's not a medical doctor? 23 it's one year - or, one week after one year, 23 A. Correct. 24 and then it's normally two weeks after two 24 Q. What is his name? 25 years, and then after that it's three weeks 25 A. Richard Williams. 31 33 1 after ten years, but, you know, with somebody 1 Q. Williams, like Williams plural? 2 like Steve, if he was off-- and I didn't have 2 A. Correct. 3 sick days per se, but if Steve was sick, I 3 Q. Is he still in the Carlisle area? 4 would just pay him, you know, and keep track 4 A Yes. 5 of that. 5 Q. At any point did you or anyone else from the 6 And he normally ran over the normal 6 office call back to talk to Dr. Ramirez's 7 vacation period for the year, but, you know, 7 office? 8 he never abused it, and he would always thank 8 A. No. 9 me, hey, thanks for the sick day or whatever 9 Q. After Steve came back on Tuesday? 10 you gave me, and I'd say, that's fine. 10 A. No. 11 So, yes, formally he had two weeks' 11 Q. And In preparation for today's deposition or 12 vacation, but he normally missed more than 12 at any time have you ever read any of Steve's 13 that. I mean he was normally off more than 13 medical records to include his records from 14 that, and he got paid for it. 14 Spring Road Family Practice? 15 Q. You had mentioned maybe talking to - at least 15 A. No. 16 you said that you had left a message for your 16 Q. Or the Coroner's report or the Autopsy Report? 17 son, but you're not sure if it was your son 17 A- No. 18 you talked to? 18 MR BARRICK: Okay. Thank you. 19 A. Correct. 19 That's all the questions I have. 20 Q. What Is your son's name? 20 MR ELLIS: You're good to go. 21 A. Torre, T-O-R-R-E. 21 (Whereupon, the proceedings were 22 Q. Ruth? 22 concluded at 9:35 am.) 23 A. Correct. 23 24 Q. And then you had said also that it's possible 24 25 you may have talked to some other doctors? Do 25 9 (Pages 30 to 33) Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 1-800-233-9327 34 COMMONWEALTH OF PENNSYLVANIA) ) SS COUNTY OF YORK ) I, Cynthia Lynn Reilly, Reporter and Notary Public in and for the Commonwealth of Pennsylvania and County of York, do hereby certify that the foregoing deposition was taken before me at the time and place hereinbeforo set forth, and that it is the testimony of BRUCE A. RUTH I further certify that said witness was by me duly sworn to testify the whole and complete truth in said cause; that the testimony then given was reported by me st-opuphically, and subsequently transcribed under my direction and supervision, and that the foregoing isa full, true and correct transcript of my original shorthand notes. I further certify that I am not counsel for or related to any of the parties to the foregoing cause, or employed by them or their attorneys, and am not interested in the subject matter or outcome thereof. Dated at York, Pennsylvania this 12th day of April 2011. Reilly, RDR ur.0{.yrvn 7Q??. (The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of the certifying reporter.) 10 (Page 34) Filius & McLucas Repotting SeMce, Inc. Harrisburg 717-2364)623 York 717-845-6419- 1-800-233-9327 A ability 30:6 able 11:7 abused 31:8 Action 1:4 active 10:18 address 5:21 Administratrix 1:3 advice 32:17 afford 29:3 agreement 23:21 ahead 10:13 12:16 Alan 5:12,13 alarmed 19:3 alcohol 8:4 all-around 6:23 amount 29:25 and/or 34:24 answer 18:15 20:15 answers 3:20 anybody 24:21 32:11 apparently 8:15 APPEARANCES 1:19 apply 34:23 apprentice 26:10 approximately 6:9 7:19 28:17 29:8 April 1:14 34:18 area 8:20 33:3 arm 17:10 32:10 asked 13:9,16 17:20 asking 3:11 assume 7:3 ate 10:10,17 attack 14:7 18:22 21:7 22:9,13 32:18 attorneys 34:15 Autopsy 33:16 aware 7:10,22,23 24:18 A-L-A-N 5:14 A.J 1:23 a.m 1:14 33:22 B back 7:19 12:11 14:2,3,11 17:6 19:3,8,9 20:4 23:24 26:2 27:4 28:16,17 29:4 32:15 33:6,9 bad 16:13 24:1 Barrick 1:20 2:4 4:11,15,17,21 8:12,19,24 10:11 10:25 12:2,15 14:8,21 15:21 17:11,24 18:23 20:23 21:12 22:19 24:8 25:2129:16 30:3 33:18 based 16:17 29:5 basically 7:11 13:12 22:22 24:14,23 26:2129:6 basis 25:24 26:5 beat 28:15 beating 21:19 believe 6:9 7:20 15:7 16:2,6,18 17:5 believed 22:24 benefits 30:6,7 best 29:19 32:3 better 13:4 14:14 big 19:8 28:8 bit 13:23 blood 24:1 Bob 26:16 booklet 3:16 breath 13:9,25 bring 12:22 brought 21:24 Bruce 1:12 2:2 3:1 5:12 34:8 building 14:3 buildings 14:4 business 5:15,24 6:2 6:7,11,17 26:7 caffeine 10:23 calendars 11:15 call 10:5,6 17:18 18:3,8,14,15 20:9 20:14 33:6 called 17:1 18:1,12 20:13,2132:5,15 calling 18:2,12,17 Camp 1:15 capable 13:6 car 6:17 27:16,17 Carlisle 5:17 33:3 carpenter 6:19 carried 9:9 cars 6:18 case 3:17 5:2 11:10 cause 34:10,15 cents 29:9,21,22 certain 20:12 certification 34:23 certify 34:5,9,14 certifying 34:24 chest 11:12 13:8,18 13:20 15:1,9,13 15:16 17:23 18:21 21:3 32:9 cigarettes 23:8 Cindy 1:16 Civil 1:4 clearly 24:21 client 11:11 clinic 14:11 coffee 8:15,25,25 9:2,13,15,18 11:7 23:7 come 4:18,18 5:18 13:4 19:2 27:15 coming 13:6 common 1:1 12:6 32:17 Commonwealth 34:1,4 company 6:8 9:2,20 27:25 29:3,4,18 complaint 11:12 complete 34:10 concern 22:8 concerned 5:4 concluded 33:22 Connie 1:2,4 17:1 23:12 24:4 27:8 27:15 constitute 3:16 contentious 5:5 continue 15:4 control 34:24 conversation 4:4,5 13:16 20:22,25 28:9 conversations 9:11 Conversions 5:16 25:25 26:14,18 27:6,22 28:20 30:5,21 conveyed 21:10 Coroner's 33:16 correct 11:20,21 23:2,3 31:19,23 32:23 33:2 34:12 counsel 34:14 countereffect 8:16 County 1:1 34:2,5 Coupe 26:3,4,9,14 27:3 couple 25:22 32:4 course 10:8 19:16 court 1:1 3:14 4:1,7 5:7,19 CUMBERLAND 1:1 cup 9:6,7 customized 6:15 Cynthia 34:4,20 C-O-U-P-E 26:3 D D 2:1 daily 25:24 26:5 date 1:14 15:5 25:7 Dated 34:17 Dawn 5:16 25:25 26:14,18 27:6,22 28:20 30:5,21 day 7:14 9:12,13,14 10:22 13:7,16 15:5,8 21:2123:2 31:9 34:17 days 19:6 22:15 30:20 31:3 dead 21:19 deaf 21:22 death 25:9 deceased 1:3 Defendants 1:9,13 1:24 Demanded 1:8 demise 15:6 deposition 1:12 24:1127:8 33:11 34:5 depositions 5:2 describing 24:14 desk 10:20 died 6:11 different 14:4 29:19 Diner 27:20 28:10 Diplomate 1:17 direct 34:24 direction 34:11 disability 30:7,12 30:13 discovery 4:25 5:2 discuss 24:13,25 discussed 11:22 24:24 25:1 discussion 17:13 discussions 17:8 doctor 12:21 13:10 18:15 19:14,16 20:13 32:22 doctors 13:2 18:13 31:25 32:1 doctor's 12:22,24 12:25 13:2 doing 4:2 8:8 26:11 dollar 29:25 double-check 18:20 Dr 3:8 11:12,18 15:17 25:8 33:6 drank 9:11 drink 8:15 11:6 drinker 8:4 drinking 23:7 drugs 7:24 Duane 1:20 5:5 duly 3:134: 10 E 2:1 Eagles 15:25 early 7:20 16:4,11 ears 21:22 easy 10:16 eat 28:8 eater 10:1 eating 9:22 effects 8:16 eight 30:18 either 20:3 electrician 6:20 Ellis 1:23,23 2:3 3:4 3:7 4:16,19,22,23 8:22 9:3 11:4 12:4 12:17 14:17,24 15:19 16:16 17:14 18:5,25 19:12 21:8,25 22:21,25 29:15 33:20 emergency 19:8,9 19:10,15,17 employed 6:4 34:15 employee 7:6 employees 26:6 29:5 employee-boss 22:23 enthusiasm 4:5 epileptic 7:18 episodes 15:2,10 equated 9:12 10:9 ER 20:1 ESQ 1:20,23 estate 1:3 3:9 estimated 30:2 evening 16:12 everybody 9:16 exactly 13:17 EXAMINATION 2:2 3:3 25:20 examined 3:2 excuse 12:22,24,25 13:3 experienced 17:10 expert 8:21 10:12 11:1 14:9 18:24 explain 13:5 F fact 13:6 facts 11:10 falling 21:22 Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 1-800-233-9327 Family 1:8 33:14 fast 9:18 10:20 favorite 9:24. feel 14:6,14 feeling 16:3,10 23:5 felt 7:3 12:20 13:4 13:19 21:2 festivity 28:1 filed 3:9 find 20:5 flue 4:2,21 21:17 31:10 first 32:10 firsthand 11:23 fit 7:18 five 29:5 floor 21:1,2 fluctuate 10:1 folks 24:7 27:22 follow 19:3 20:7 follows 3:2 follow-up 19:5 football 15:25 16:1 foregoing 34:5,12 34:15,23 form 3:16 5:1 formally 31:11 forth 34:6 FOULKROD 1:23 Friday 7:127:25 friend 32:3,16,19 friendly 23:16 friends 18:16 fulfill 23:22 full 3:20 5:10 34:12 further 15:9 34:9 34:14 future 5:8 G game 15:25 16:1,1 give 3:20 5:10 21:21 29:20,24 given 32:16 34:11 go 10:4,13,19 12:16 12:21 13:2 14:11 19:3,8,14,15,17 20:1,2,4 22:5 27:16,22 28:4 30:20 33:20 goes 22:13 28:6 going 3:10,14 4:13 5:4 8:20 11:9 14:16 15:17 19:9 19:9,16 20:3 22:1 23:5 24:15,18 27:11,19 good 3:5,6 5:23 6:4 6:4 7:3,6 16:10 28:12 33:20 gotten 32:14 great 6:14 14:6 28:8 GRIFFIE 1:2,4 guess 15:23 30:2 guessing 16:3 guy 6:24 guys 12:8 H habits 9:22 half 9:6,7 29:10 hang-up 19:8 happen 14:25 24:15 24:19 happened 25:14 health 30:6,8,9 hear 3:12 25:16 hearsay 12:3 14:22 15:19 17:12,25 20:24 21:13 22:20 heart 14:7 18:22 20:6 21:7 22:9,13 32:18 heavy 10:5 32:9 help 10:22 hereinbefore 34:6 Hershey 22:6 hey 31:9 Hill 1:15 hired 26:9 hit 32:7 holidays 30:19 Holly 5:17,21 home 13:3 honest 25:11 horse 21:19 hospital 14:12 16:8 16:13,23 17:1 20:4 hot 9:7 hour 19:18 28:19 28:24 29:9,21,22 29:24 hourly 30:4 hours 16:5,14 19:16 idea 27:128:25 32:1 ill 23:5 immediate 26:22 immediately 19:6 incident 15:2 include 33:13 Incorporated 5:16 increase 30:1 incremental 28:21 29:25 indigestion 13:13 14:5,19 21:16 individually 1:4 informal 30:22 insurance 30:6,8,9 interested 34:15 interior 6:15 intricate 29:17 issues 17:23 J jack-of-all-trades 6:22 January 28:23 29:1 JASON 1:7 job 6:16 8:8 26:9,12 joke 9;1,19 10:15 11:2 jumped 28:25 Jury 1:8 K keep 31:4 32:8 keeps 32:6 kind 6:23 16:11 18:7 21:14,19 26:10,1130:22 32:6 knew 9:15 16:7,21 28:2,9 know 7:13,17 8:2,3 8:8,119:19,21,23 10:23 11:22 12:12 12:13 13:11,15,18 15:1,3 16:24 17:4 18:7,13 19:1,5 20:14 21:6 23:18 24:6,18 27:24 28:5 31:1,4,7 32:12 knowledge 7:16,25 15:4 knows 32:11 L 1:16 late 16:1 Law 1:4 lawsuit 3:8 lawyer 3:7 laying 21:1,2 learn 26:13 leave 18:9 leaving 5:23 left 31:16 32:10 Leigh 1:23 3:7 lent 23:20 let's 19:22 22:11 Liability 1:5 liked 9:23 19:14 28:2 listened 22:22 literally 9:6 10:4 little 3:16 13:22 lived 23:19 LLP 1:20 logistically 16:19 long 6:1 15:15,16 30:12 longer 30:21 lose 10:14,15,17,20 11:8 loss 10:22 lot 10:2 12:8 14:14 18:8 23:1924:19 27:11,17 lunch 27:9,10,12,18 Lynn 3414,20 M M 1:3 making 5:3,7 28:24 29:23 man 26:25 28:6 manager 26:24 27:14 Market 1:15 master 6:22 matter 34:16 McGowan 26:7 meals 9:24 mean 8:2 9:23 12:6 12:2126:131:13 32:22 means 34:24 meat 9:25 mechanics 29:20,23 medical 1:4 21:6 32:22 33:13 medication 3:22 medications 7:15 8:17 medicine 7:21 meeting 24:20 memory 18:17 mentioned 27:8,19 31:15 message 18:9 31:16 Middlesex 9:24 27:2028:7,10 mind 16:20 21:15 21:18 23:9 25:10 25:11,13,15 minor 6:18 missed 12:5,7 15:7 31:12 missing 25:2 Monday 7:1 11:16 11:18 12:5,8 15:17 16:4,5,9,11 17:5 money 23:20 morning 3:5,6 16:11,14 24:24 25:1 Mount 5:16 mug 9:10 M.D 1:7 N 1:2,4 2:1 name 3:75:107:17 31:20 32:24 national 30:18 NAV TT'SKY 1:20 necessary 5:20 need 3:25 4:3 5:18 12:20,23,2513:5 20:2,6 21:22 never 19:14 23:15 31:8 nicotine 10:23 night 15:23,23 16:1 16:1,10 27:25 normal 4:3 9:8,14 15:1418:13 29:8 30:18 31:6 normally 30:24 31:6,12,13 Notary 1:16 34:4,20 note 23:6 notes 34:13 notice 15:12 November 26:2 27:5 28:17,24 number 10:18,21 30:20 objection 8:19,23 10:1211:1 12:2 12:15 14:8,21 15:20,21 17:11,24 18:23 20:23 21:12 22:19 objections 4:17,20 4:25 5:3 obligation 23:22 obviously 7:2 11:19 12:5,12 occasions 8:9 occurred 12:1 October 11:13 26:2 27:5 office 8:9 9:1 11:18 14:3 24:7 25:7 27:13 33:6,7 2 Filius & McLucas Reporting Service, Inc. Harrisburg 717-2M,4623 York 717-845-6418 1-800-233-9327 e P Oh 7:9 13:14 14:6 23:19 24:3 28:6 okay 3:18,25 4:9,19 4:22 5:6,13 6:10 8:24 10:7 11:17 12:18 13:14 14:18 14:25 15:4 16:17 16:22 17:3,23 19:24 20:17 21:9 21:14 23:11,22 25:4,19,23 26:23 33:18 older 32:4 OLSON 1:20 once 4:8 27:15 32:6 operations 26:24 opinion 14:1120:2 opposed 20:12 oriented 11:14 original 34:12 outcome 34:16 o'clock 16:7,20 P packs 7:14 Pages 20:5 paid 30:16,18 31:14 pain 11:12 13:18 15:1,9,13,16 17:10,23 32:10 pains 13:8 parking 27:11,17 part 29:17 parties 34:14 passed 23:2 28:18 passing 3:10 pay 28:16,22 30:4,9 31:4 paying 23:24 Pennsylvania 1:1 1:15 34:1,5,17 people 4:4,8 18:7 percent 18:2120:11 percentage 29:1 period 22:2 25:12 31:7 phone 8:11 Pike 5:17,22 pills 13:12,12 14:15 14:19 21:15,16 place 1:15 5:15 34:6 placed 20:14 places 29:19 Plaintiff 1:6,21 Plaintiffs 4:12 plans 5:23 PLEAS 1:1 please 3:12 5:11 plumber 6:20 plural 33:1 point 8:7 13:1,22 14:1 16:2 33:5 politely 22:22 position 26:23 possible 31:24 pot 8:25 potatoes 9:25 pots 9:13 pounds 13:19 18:21 21:3 pour 9:6 Practice 1:8 33:14 precautionary 23:10 prefaced 24:20 preparation 33:11 pretty 9:18 prevent 7:21 previous 29:6 price 28:14,15 Primarily 6:15 primary 6:16 prime 9:25 27:20,23 28:2,3,10 probably 9:9 14:10 21:14 23:14 30:1 problem 12:13 procedurally 24:15 procedure 18:14 proceedings 33:21 process 4:25 19:10 19:18 Professional 1:4 profit 29:6 projecting 29:7 properties 6:19 psychiatrist 32:3,19 psychologist 32:4 32:20,21 Public 1:16 34:4,20 purchased 6:7 9:15 put 9:6 O question 5:122:1 questions 3:11,13 25:17 33:19 quickly 10:8 25:15 quite 25:11 R raise 29:8 raises 28:21 Ramirez 1:7 3:8 11:12,18 15:17 25:8 Ramirez's 33:6 ran 13:1131:6 rate 28:16,22 30:4 RDR 34:20 read 33:12 ready 4:13 reason 3:19 9:14 recall 11:25 20:8,18 22:4,4 27:10 28:16 recollect 23:14 recollection 15:22 15:24 16:9,15,17 recommend 28:13 record 5:7 records 33:13,13 Registered 1:17 Reilly 1:16 34:4,20 related 34:14 remember 18:10,11 18:12 27:13 remembered 18:2 27:14 reminded 27:14,15 rental 6:19 repair 6:17 repairs 6:18 replace 26:10 report 33:16,16 reported 34:11 reporter 1:17 3:15 4:1,7 34:4,25 represent 3:8 11:10 representing 4:11 reproduction 34:23 resident 18:10 respect 3:10 response 21:5,14 22:18 32:14 responses 3:25 rib 9:25 27:20,23 28:2,3,11 Rice 1:3 4:12 6:5 8:14,15 11:25 16:18 24:9 25:7 Rice's 3:9 17:21,23 Rich 26:7,10 Richard 32:25 right 1:5 4:2 5:9,10 7:22 8:3 11:2,9,13 11:16 20:1123:19 24:17 right-hand 26:25 Road 1:8 33:14 room 19:9,11,15,17 roughly 29:10 rule 5:7 running 9:19 Ruth 1:12 2:2 3:1,5 5:12,15 25:22 31:22 34:8 S S 1:20 salary 30:4 sales 23:21 saw 17:4 23:1 se 31:3 second 14:10 20:2 21:6 22:12 Secondly 6:16 see 10:20 11:11 14:16 15:17 19:15 seizure 8:16 seizures 7:21 send 5:20,21 sense 21:2123:1,4 set 29:1,2 34:6 seven 22:14 30:18 shooting 32:9 short 13:9 shorter 25:12 shorthand 34:13 shortness 13:24 short-term 30:12 showed 22:13 sick 12:24 13:3 23:5 31:3,3,9 sign 23:21 significance 25:9 similar 15:1 sit 10:19 27:17 six 6:9 slowly 24:20 small 29:4 smoked 7:13 smoker 7:11 smoking 11:7 23:8 somebody 18:19 20:5 31:1 somebody's 30:21 son 17:18 18:2 20:9 20:12,18 22:12 31:17,17 32:15 son's 31:20 sorry 17:22 sort 11:9 14:19 27:25 sound 14:5 speak 4:4 8:6 17:18 22:2 24:8,20 speaking 4:8 11:25 specializes 20:6 speculation 29:15 spell 5:13 27:1 spoke 8:1124:6 spoken 8:9,10 Spring 1:8 33:14 SS 34:1 start 11:7 started 16:2,6,10 18:1 statistics 22:12 stay 13:3 stenographically 34:11 step 24:21 Stephen 1:3 3:9 6:5 steps 23:10 Steve 8:25 12:6,10 12:16,23 13:17 14:4 16:25 21:10 21:1123:12 24:4 25:24 26:5,11,12 26:13,20 27:4,9 27:16,19 28:4,20 29:17,21,25 30:1 30:5 31:2,3 33:9 Steve's 28:16 33:12 stick 19:22 stimulants 10:22 stipulations 4:14 street 1:15 7:24 strength 9:8 strong 9:5 21:7 student 21:6 subject 34:15 Subpoena 5:18 subsequently 34:11 substance 25:4,5 suggest 15:12 19:22 19:25 22:5,8 suggested 8:7 suggestions 19:7 Sunday 15:23 16:1 16:10,12 supervision 34:12 34:24 supervisor 26:22 sure 3:12 9:17 11:5 12:4 16:8 18:6,21 18:25 20:16,19 22:2125:2 29:16 29:2131:17 surprised 25:15 Swigert 26:16 27:1 27:3 Swigert's 26:23 sworn 3:2,17 34:10 symptom 14:7 18:8 18:22 21:4,7 32:17 symptoms 12:14 13:17 17:17 19:1 32:11 S-W-I-GE-R-T 27:2 T take 7:15,24 Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 1-800-233-9327 taken 1:13 3:14 14:19 34:5 talk 23:12 33.6 talked 21:20 22:11 23:15 31:18,25 talking 21:4 31:15 tell 10:3 11:15 14:12,25 15:9,15 19:19 20:2122:16 25:6 28:3,6 ten 22:15 31:1 term 30:13 terms 23:24 terrible 8:8 testified 3:2 testify 34:10 testimony 3:13,17 8:21 10:12 11:1 14:9 18:24 34:6 34:10 tests 13:11 14:13 thank 31:8 33:18 thanks 31:9 thereof 34: M thermostat 9:10 thin 10:6 thing 6:23 9:9,10 22:23 23:6 28:8 32:6 things 10:9 23:21 24:19,23 27:20 think 4:12 6:5 8:7 8:10,11 16:3 17:6 21:15,17,23 22:24 24:6 25:17 29:11 32:11 thinking 23:9 thought 13:22 14:1 18:12 19:4,5 21:1 25:12 three 9:11,13 21:20 25:16 29:10 30:25 tie 12:7 till 16:6 Tim 26:5,9,12 time 11:11 16:8 22:3 25:8 26:11 30:15 33:12 34:6 times 18:4,8 21:20 23:20 Timothy 26:3 today 3:11,20 4:15 24:16 today's 33:11 told 7:18 10:19 12:13,14,16 14:18 14:23 16:18 top 30:19 Torre 31:21 totally 19:2 20:16 27:13 tough 28:14 track 31:4 transcribed 34:11 transcript 34:12,23 trial 1:8 4:20 tried 26:12 29:19 true 8:17 34:12 trust 12:24 truth 34:10 truthful 3:20 try 4:3,10 18:7 trying 8:21 10:14 16:1121:20,21 24:1 Tuesday 12:12 17:6 17:9,18 19:23,25 20:9 21:23 33:9 two 4:8 7:14 8:9 9:11,12 10:9,21 10:22 14:4 21:20 24:13 30:17,24,24 31:1132:11 type 6:23 9:10 22:23 23:2128:9 T-0.R-R-E 31:21 U unable 3:19 understand 3:13 8:22 17:8 understanding 8:14 Understood 8:22 9:21 undrinkable 9:2 unhealthily 10:6 unqualified 8:20 10:12 11:1 14:9 18:24 untreated 22:14 urgency 21:21 use 29:18 Usual 4:14 usually 12:7 19:1 19:18 vacation 30:15,16 30:17,20 31:7,12 vans 6:15,16 verbal 3:25 visit 11:18,23 12:1 12:125:8 vs 1:6 W wait 14:16 waive 4:25 want 4:16,19 14:13 19:7 25:2 28:5 wanted 12:12 warranted 19:4,5 wasn't 12:10 19:2 24:7 27:25 32:7 watch 10:16 watched 10:10 watching 15:25 water 9:7 way 16:12 wee 16:14 week 6:25 25:14 30:15,23 weekend 12:8,9 weeks 25:16 30:17 30:24,25 31:11 weight 10:1,14,16 10:17,20,22 11:8 32:9 went 9:18 14:2,12 16:4,10,13 26:8 weren't 11:19 we'll 4:10 we're 4:12 we've 25:4 Why's 9:4 wife 3:9 23:16 Williams 32:25 33:1,1 WISNESIQ 1:20 witness 2:134:9 work 6:25 7:14 12:5 12:7,8,11,22 13:4 13:6 15:5 16:12 16:21 17:6 25:24 26:20,21 workday 23:2 worked 6:12 15:14 26:5,7 27:4 worker 7:4 working 6:8 14:15 .21:16,17 29:12 worry 4:24 wouldn't 17:2 written 3:15 X X 2:1 Y yeah 7:9 12:5 14:20 17:20 23:19 27:21 28:12,12,14,15 29:17 30:22,22 year 10:8 18:4 21:6 29:2,9 30:23,23 31:7 years 6:3,5,9,13 7:3 26:8 28:2129:10 30:25 31:132:4 year's 29:6 Yellow 20:5 York 34:2,5,17 $129:24 $1.50 29:24 $12 28:19,24 076:12 11:13 28:25 08 29:1 09-6668 1:3 11:14 12th 34:17 12.95 28:7 13 29:11 13.50 29:12 30:2 1445 5:21 15 26:8 17 6:13 7:3 28:21 19906:7 20 6:5 20-ounce 9:10 200726:2 27:5 28:17 20111:14 34:18 216:3 22nd 11:13 252:4 25-year-old 32:12 25-year-olds 32:13 3 3 2:3 4 40001:15 5 5 7:1 5018:4 29:9,21,22 50013:19 18:21 21:3 6 60 32:7,7 7 70s 7:20 8 8 7:1 16:7,20 9 9 1:14 9:35 33:22 99 18:2120:11 4 Filius & McLucas Reporting Service, Inc. Harrisburg 717-236-0623 York 717-845-6418 1-800-233-9327 CERTIFICATE OF SERVICE I, Duane Barrick, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Plaintiffs Supplemental Motion in Limine was served upon the following person by first-class United States mail, postage prepaid on September 9, 2011, as follows: Leigh A. J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Duane S. Barrick CONNIE N. GRIFFIE, AS ADMINISTRATOR OF THE ESTATE OF STEPHEN M. RICE, DECEASED AND CONNIE N. GRIFFIE, INDIVIDUALLY AND IN HER OWN RIGHT, PLAINTIFF V. JASON A. RAMIREZ, M.D., AND SPRING ROAD FAMILY PRACTICE, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-6668 CIVIL TERM PRETRIAL CONFERENCE ' - 10 0 c oo A pretrial conference was held on September 7, 2011. In attendance were Plaintiff's counsel Duane S. Barrick, Esquire and Defendants' counsel Leigh A.J. Ellis, Esquire. This case is a straight forward malpractice case in which Plaintiff alleges that Defendant Ramirez violated the requisite standard of care in failing to properly diagnose the new complaints of chest pain from Stephen Rice when he presented in the office on October 22, 2007. Mr. Rice died on November 18 after experiencing a sudden cardiac arrest at his home from which he could not be revived. The Court Administrator is advised that this jury trial will require at least four days and, therefore, must commence on Monday, September 19, 2011. Counsel have scheduled their expert witnesses in anticipation of a Monday morning start time. Each side will have four peremptory challenges. Given the length of the trial, the jurors will be permitted to take notes. At the pretrial conference Plaintiff submitted two motions in limine. The first would preclude any reference to the decedent's past refusal of blood work, past alcohol use, past marijuana use and caffeine use. The second motion would preclude the Defendants Family Practice expert, David E. Fuchs, M.D., from testifying to, referencing, or in any way mentioning "accepted guidelines" other than those from the 2007 American Heart Association. The Defendant has filed a motion in limine to preclude the testimony of Plaintiff's expert cardiologist, S.J. Schneller, M.D. because (a) it is cumulative to another expert's opinions and (b) does not satisfy the requirements of the MCARE Act relating to expert testimony. A ruling on these motions should be rendered by the trial judge. The parties are direct to file proposed points for charge by the start of the trial. Both parties may supplement these points with respect to issues that arise during the trial. By the Court, AI ert H. Masland, J. Duane S. Barrick, Esquire For Plaintiff Leigh A.J. Ellis, Esquire For Defendants Court Administrator :saa I V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CONNIE N. GRIFFIE, as Administrator of : The Estate of STEPHEN M. RICE, deceased: and CONNIE N. GRIFFIE, Individually and : in her own right, Plaintiff VS. NO. 09-6668 CIVIL ACTION -- LAW MEDICAL PROFESSIONAL LIABILITY JASON A. RAMIREZ, M.D., and SPRING : ROAD FAMILY PRACTICE, JURY TRIAL DEMANDED Defendants PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above-captioned action ended and discontinued. Respectfully submitted, r 1..? to u ? ./ f e p_ pm COU F='xwIs Y't' l?r NAVITSKY, OLSON & WISNESKI LLP Duane S. Barrick, Esquire I.D. No. 77400 2040 Linglestown Road, Suite 303 Harrisburg, PA 17110 717/541-9205 Counsel for Plaintiff Date: October 21, 2011 CERTIFICATE OF SERVICE I, Lois Stauffer, an employee of the law firm of Navitsky, Olson & Wisneski LLP hereby certify that a true and correct copy of the foregoing Plantiff s Praecipe to Discontinue was served upon the following person by first-class United States mail, postage prepaid on October 21, 2011 as follows: Leigh A. J. Ellis, Esquire Foulkrod Ellis 4000 Market Street Camp Hill, PA 17011 Lois Stauffer