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Home My WebLink About09-7674Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 fax ahdowling@mette.com Attorneys for Plaintiffs V. LYNN GRAY and DARRELL IN THE COURT OF COMMON PLEAS OF GRAY, Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. QQ _ %7q Civil LINDA YOUNG, Defendant JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTA. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Andrew H. Dowling, Esquire METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 (717) 236-1816 fax ahdowling@mette.com Attorneys for Plaintiffs V. LYNN GRAY and DARRELL GRAY, Plaintiffs V. LINDA YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. : JURY TRIAL DEMANDED COMPLAINT AND NOW, come the Plaintiffs, V. Lynn Gray and Darrell Gray, by and through their attorneys, Mette, Evans & Woodside, and file this Complaint against the Defendant and in support thereof aver as follows: 1. Plaintiff V. Lynn Gary is an adult individual residing at 221 Church Road, Shermans Dale, Perry County, Pennsylvania, 17090. 2. Plaintiff Darrell Gray, husband of V. Lynn Gray, is an adult individual residing at 221 Church Road, Shermans Dale, Perry County, Pennsylvania, 17090. 3. Defendant Linda Young is an adult individual residing at 1154 Freeman Hollow Road, Loysville, Perry County, Pennsylvania, 17047. 4. The accident hereinafter related took place on or about January 16, 2008 at approximately 6:30 a.m. at or near the intersection of Rt. 944 (Wertzville Road) and Rt. 114 (Conodoguinet Parkway), Silver Spring Township, Cumberland County, Pennsylvania. 5. At the aforesaid mentioned time and place, Plaintiff V. Lynn Gray was operating a 2005 Mazda sedan which was heading eastbound on Rt. 944 and stopped in the middle lane at a red light at or near the intersection of Rt. 944 and Rt. 114, Silver Spring Township, Cumberland County, Pennsylvania. 6. At the aforesaid mentioned time and place, Defendant Linda Young was operating a 2007 Honda CR-V traveling eastbound on Rt. 944 (Wertzville Road) Silver Spring Township, Cumberland County, Pennsylvania. 7. At the aforesaid mentioned time and place, Defendant Linda Young failed to see Plaintiff's stopped vehicle and violently crashed into the rear of the vehicle operated by Plaintiff. The negligent and/or reckless behavior of Defendant Linda Young caused the aforementioned accident with Plaintiff, V. Lynn Gray. 9. As a result of the accident, Plaintiff V. Lynn Gray sustained serious and permanent injuries. COUNTI V. LYNN GRAY V. LINDA YOUNG 10. Paragraphs 1 through 9 are incorporated herein by reference. 11. The negligence and/or recklessness of Defendant Linda Young consisted of the following: 2 a. failure to notice Plaintiff's stopped vehicle and violently crashing into the rear of the vehicle; b. failing to stop within the assured clear distance; C. failing to keep alert and maintain a proper lookout for changes in road conditions and traffic; d. failing to prepare for and observe traffic control devices; and e. not having her vehicle under control. 12. As a result of Defendant Linda Young's negligence, carelessness and/or recklessness, Plaintiff suffered serious, permanent and painful injuries and damages, including but not limited to: a. cervical strain with chronic and acute neck pain; b. facet rhizotomy surgery to both left and right side of neck; C. lumbar strain with chronic and acute low back pain; d. exacerbation of right shoulder partial thickness rotator cuff tear with chronic and acute right shoulder and scalpula pain and loss of strength; e. arthroscopic surgery to the right knee; f. chronic and acute right knee pain; g. left hip pain; h. stabbing pain in left buttocks; i. past and future medical bills; j. past lost wages; k. loss of future earning capacity; 1. past and future pain and suffering; M. past and future loss of life's enjoyment; and 3 n. embarrassment 13. As a direct result of these injuries, Plaintiff V. Lynn Gray underwent a variety of medical treatment, including emergency room treatment, neck surgery, multiple steroid injections into right shoulder, right scalpula, right knee, lumbar spine and cervical spine, physical therapy, diagnostic studies, and the taking of prescription medications for pain, inflammation and depression. WHEREFORE, Plaintiffs V. Lynn Gray and Darrell Gray request a ruling in their favor and against Defendant in an amount in excess of $50,000.00 along with costs and other relief that the Court deems just. COUNT II DARRELL GRAY V. LINDA YOUNG 14. Paragraphs 1 through 13 are incorporated herein by reference. 15. As a direct result of Defendant's negligence, Plaintiff Darrell Gray suffered damages for loss of services, companionship and consortium suffered in the past and which Plaintiff Darrell Gray expects will be suffered in the future. WHEREFORE, Plaintiffs V. Lynn Gray and Darrell Gray request a ruling in their favor and against Defendant in an amount in excess of $50,000.00 along with costs and other relief that the Court deems just. Respectfully submitted, METTE, EVANS & WOODSIDE By: Andrew H. Dowling, Esquire Sup. Ct. I.D. No. 39692 3401 North Front Street 4 P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Phone (717) 236-1816 - Fax Attorneys for Plaintiffs V. Lynn Gray and Darrell Gray Date: it 1001 5 VERIFICATION I, V. LYNN GRAY, have read the foregoing document and verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: q v? &? I J? ??? ?-6 V. L GRAY sls16av1 9 VERIFICATION I, DARRELL GRAY, have read the foregoing document and verify that the facts set forth herein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language is that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: c7 --ALL GRAY 8 O CF THE ''RrLL,KI TARY 20 C9 NOl -6 PM ( : 1.2 x178.50 PA ATr-f co qv a9 Pat A&I Icy R Thomas Kline Sheriff Ronny R Anderson Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUY RLED-Oir nn'OyARY OF THE PC Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor V. Lynn Gray vs. Linda Young Qttt,t,, of ?t,rtt?rr(,rr? 2009 Nov 19 P 12. 58 CUMPENN3A%\M OFF CF ', F ".-RIFF Case Number 2009-7674 SHERIFF'S RETURN OF SERVICE 11/09/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Linda Young, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint and Notice according to law. 11/13/2009 12:25 PM - Perry County Return: And now November 13, 2009 at 1225 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint, upon the within named defendant, to wit: Linda Young by making known unto herself personally, at 1154 Freeman Hollow Road Loysville, PA 17047 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, November 17, 2009 R THOMAS KLINE, SHERIFF •,C; CountySuite Shenff, Teleosoft. Inc. - ~ # .IOHNSON, DUFFIE, STEWART &WEIDNER Counsel for Defendant By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jrn@jdsw.com V. LYNN GRAY and IN THE COURT OF COMMON PLEAS OF DARRELL GRAY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 09-7674Civil Term v. : CIVIL ACTION -LAW LINDA YOUNG, Defendant JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Defendant Linda Young in the above-captioned matter. Date: November 25, 2009 384386 Respectfully submitted, JOHNSON, DUFFIE, STEWART &WEIDNER By: Jo n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Counsel for Defendant '~ ~ ~ CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Praecipe for Enfry of Appearance has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on November 25, 2009: Andrew H. Dowling, Esquire Mette, Evans & Woodside, 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 JOHNSON, DUFFIE, STEWART & WEIDNER By J n R. Ninosky ~~. i ZQ~~ ~~~?~ .~.~~~ ~ ~''r s~ ~,, _ _ r r~ Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jrn@jdsw.com V. LYNN GRAY and DARRELL GRAY, Plaintiffs V. LINDA YOUNG, Defendant C7 rv rJ c_ o Attorneys for Defendant r?rs ?_ rn r -T7 CD CJ C) P1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7674 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: (1) A Notice Of Intent To Serve A Subpoena, with copies of the subpoena attached thereto, was mailed, via Certified Mail, or delivered to each party at least twenty (20) days prior to the date on which the subpoena was sought to be served; (2) A copy of the Notice Of Intent, including the proposed subpoena, is attached to this Certificate; (3) No objection to the subpoena has been received; (4) The subpoena to be served is identical to the subpoena attached to the Notice Of Intent. Respectfully submitted, Date: / ?1tl JOHNSON, DUFFIE, STEWART & WEIDNER By: /?'x J An R. Ninosky, squire Johnson, Duffle, Stewart & Weidner By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P.O. Box 109 Lemoyne, Pennsylvania 17043-0109 717-761-4540 jm@jdsw.com V. LYNN GRAY and DARRELL GRAY, Plaintiffs V. LINDA YOUNG, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7674 CIVIL TERM CIVIL ACTION - LAW NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 To: Kathryn L. Simpson, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 PLEASE TAKE NOTICE that Defendant intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: Joh . Ninosky, Esquire Date: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND V. LYNN GRAY and DARRELL GRAY, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-7674CIVIL TERM LINDA YOUNG, CIVIL ACTION - LAW SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital. Human Resources Department (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Entire personnel file including, but not limited to, applications, evaluations, iob descriptions, disciplinary actions, wages, attendance records and reason for termination pertaining to V. Lynn Gray (DOB: 5/18/57: SS#: 161-50-7213). at Johnson. Duffie. Stewart & Weidner. 301 Market Street. P.O. Box 109. Lemoyne. PA 17043. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME: John R. Ninosky, Esquire . ADDRESS: 301 Market Street Lemoyne, PA 17043 TELEPHONE: 717-761-4540 SUPREME COURT ID #: 78000 BY THE COURT: DRwmzo .?1 ILE Lt- Prothonotary/Clerk, Ci it Division Deputy DATE: ( n) -/ ; -? 6 Seal of the Court (Eff. 7/97) CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Lemoyne, Pennsylvania, on the 17 day of .becey;iher , 2010. Kathryn L. Simpson, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 JOHNSON, DUFFIE, STEWART & WEIDNER By: John . Ninosky, Esquire CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Lemoyne, Pennsylvania, on the day of SaN k aq , 2011; Kathryn L. Simpson, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 JOHNSON, DUFFIE, STEWART & WEIDNER By: hn R. Ninosky, Esquire cn/M PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) ,. G TO THE PROTHONOTARY OF CUMBERLAND COUNTY .-03 Please list the following case: rn ?? _:= X? for JURY trial at the next term of civil court. 7 ? for trial without a jury. U' -CT> Z ? ------------------------------------------------- - ------------------------------------------------------------- -- c CAPTION OF CASE ' (entire caption must be stated in full) (check one) CD X? Civil Action - Law ?:. V. Lynn Gray and ? Appeal from arbitrati on - Darrell Gray ? _ (other) (Plaintiff) vs. The trial list will be called on 3/27/12 and Linda Young Trials commence on 4/23/12 (Defendant) Pretrials will be held on 4/11/12 vs. (Briefs are due S days before pretrials No. 2009-7674 Term Indicate the attorney who will try case for the party who files this praecipe: Kathryn L. Simpson, Esquire, Mette, Evans & Woodside Indicate trial counsel for other parties if known: John R. Ninosky, Esquire, Law Offices Of Johnson Duffle This case is ready for trial. Date:?ovember 14, 2011 S Print Name l KathryA. Simpson Attorney for: Plaintiffs US. 00 f?b ATTY C* 103470 E#7- s I ' #2 V. LYNN GRAY and IN THE COURT OF COMMON PLEAS OF DARRELL GRAY, CUMBERLAND COUNTY, PENNSYLVAMIA? Plaintiffs M= a - f. v. NO. 09-7674 CIVIL TERM rte- ' LINDA YOUNG, CIVIL ACTION - LAW ?c : Defendant JURY TRIAL DEMANDED r-D IN RE: PRETRIAL CONFERENCE A pretrial conference was held on Wednesday, April 11, 2012, before the Honorable Edward E. Guido, Judge. Present for the Plaintiffs was Kathryn L. Simpson, Esquire, and present for the Defendant was John R. Ninosky, Esquire. This is a rear-end collision in which the Defendant is admitting negligence. The focus will be on causation. The parties have estimated that this will take two days to try. There are no conflicts as to witness scheduling. However, the parties request that this case be assigned to lead off first thing on Monday. [In light of the fact that this Court has erroneously scheduled hearings for Wednesday, we would appreciate having this assigned to us.] There are no complicated legal issues. While this is a limited tort case, if the injuries can be linked to the accident, there should be no problem overcoming the limited tort threshold. Plaintiff has demanded $250,000.00. Defendant has not made any offer to date. Settlement is highly unlikely. By the Court, Edward E. Guido, J. VKathryn L. Simpson, Esquire Mette, Evans & Woodside 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorney for Plaintiffs CO / PS A?w Lemoyne, PA 17043-0109 Attorney for Defendant Prothonot? / ,eourt Administrator f?QdjVe/?C? vdohn R. Ninosky, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 srs V. LYNN GRAY and IN THE COURT OF COMMON PLEAS OF DARRELL GRAY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. LINDA YOUNG, Defendant NO. 2009-7674 CIVIL TERM VERDICT QUESTION # 1 Was the negligence of the Defendant the factual cause of Plaintiff V. Lynn Gray's harm? YES NO Y If your answer to question #1 is "No," Plaintiffs cannot recover and you should return to the Courtroom. If you answered ""Yes," proceed to questions #2 & #3. QUESTION # 2 State the amount of economic damages, if any, Plaintiff V. Lynn Gray sustained as a result of Defendant's negligence. QUESTION # 3 Did the negligence of Defendant cause Plaintiff V. Lynn Gray to suffer a serious impairment of a bodily function? YES NO If your answer to question #3 is "No," you should return to the Courtroom. If you answered "Yes," proceed to questions #4. QUESTION # 4 State the amount of non-economic damages sustained by Plaintiffs as a result of the Defendant's negligence. V. Lynn Gray $ Darrell Gray $ 40, DATE 2. 94-eAz FOREPERSON V. LYNN GRAY & DARRELL GRAY ---- V S ---- LINDA YOUNG In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2009-7674 Judge: GUIDO / Attorney: Q? / G ? ,Sipes Attorney: a6 h? Q$,C Date: _ yZlf 34a o 6? JUR ORS No. Juror # NAMES OF JURORS CALLED CAUSE P D 1 IN1pINIIIINNIININ?Nl?I1 APR23-130 GIANGIULIO-LLOYD, SUZANNE 2 1111111IIINIIIIIIIIHIN1111111 APR23-187 RITTER,? JR ROGER E 3 ININNINII11I1pINNIpI1 APR23-9 PAUL, KURTIS W 4 IN1NINpNI111N?INIpIp11111 APR23-232 KUHN, ADRIENNE M 5 IIIppININIIIININplllllllp APR23-92 BARLEY, STEPHEN M 6 IINIININI111INNINIIINIII111 APR23-15 DEITCH, FRED E 7 IIIINIIIININIIININIIpNNIiIp APR23-95 SCHREINER, HEATHER L g IIIINN1N11NININApNIIpN1 APR23-259 MILLER, SUZANNE 9 INpupIIpNN111NIN1INpN1 APR23-14 HOWARD, KAREN L 10 III111111111111111IIIIIINIINIIIII APR23-266 MORGAN,, 11 CHARLES E 11 III1pIINNININIINIIIIpplllllll APR23-116 OSWALT, JACK C 12 III1111NNIIIpIIINNINIIININll11 APR23-77 SCHERER, STEPHEN J 13 IIINIINIINIIINpNNIINNIIIIIp APR23-84 BUCKLEY, MALLORIE K 14 IN111111IIp11NI11N111111IiNll APR23-12 PEOPLES, SCOTT D 15 IINIIIINIIININIIIIII?III1 APR23-104 WEMPA, ERIK T 16 IIIp111NNmpNINNINIp min APR23-213 TRAN, SON V 17 IIINNIIIIIIINIIIIIINIpNN1111 APR23-244 GRESH, NECOLE 18 III1111NNINIINI11NpNINl1111p APR23-255 BEAN, BETSY A 19 INpp1NNm11NIIIpIImII1mN1 APR23-275 SMILEY, JAMES A 20 I N 1111IpN IIINI II I I11 I 21 III1111NNI11111NNI111pIIMINI APR23-184 SCHMIED, HENRY J 22 IN1111IIIIIIIINIIINIIIIINIIIp APR23-73 DAY, MARGARET T R V. LYNN GRAY & DARRELL GRAY ---- V S---- LINDA YOUNG In the Court of Commons Pleas of Cumberland County, PA., Docket No. 2009-7674 Judge: GUIDO Attorney: Attorney: Date: JURORS No. Juror # 231111N?IIIINIIININ111IIIIIII APR23-37 241111N1111111 IIININIIII APR23-287 251111111IpIIliIININ*IIII APR23-254 26 IIIINIINIIIIININNIIINIIIINI?`. APR23-221 2711111111IIINIIINI1N111111NI APR23-174 28 IIIN11111IIIIN111111NI APR23 X86 29111111111HOIIN11NIlIININII APR23-136 30111111111111011111111IHIIIIIIII APR23-271 31 1111111111111111111111111111 APR23-113 321IIIIIIIIIIIIIIIIII1111111111I1I APR23-11 33111III1111111IIIIIIIIIIIIIIIIII APR23-214 3411111111111II1111111NI01111 APR23-294 351I1111I11111111111111INIINI APR23-163 36111111111Hill 11111111111111 APR23-102 371IIIIIIIIIIIIIIIII11NN111111M APR23-44 381IIIN1IIN111111111111111 APR23-122 391IIIIINI1?111111NIIIIIII111 APR23-270 40 fII1NI111I11I11111111IIIIl1Il APR23-112 41 11111IIIIIIIIIIIIIIN111II111 APR23-230 42 III1N111111111NIIIIIIIIIIIII APR23-81 43 44 NAMES OF JURORS CALLED APPLEMAN, DAVID C WATSON, COLLEEN G MILLER, KEVIN R BOMBARO, CHRISTINE SNYDER, MARSHALL L HOWIE, JAMES D CMICHAEL, SHERISE° M MA KAITIS, LISA M MONDAV'?,SCOTT A LAVALLEY-P ILDENIELLE DtITER, NICHOLA\S, H BENNETT, DAVID R ` . SHOPE, LUAN T MURPHY, BROOKE A SEYMORE, JASON A BROWN, SHAREN E ACKERMAN, MARGARET W KLUNK, FRED R MRAVICH, SYLVIA DEATON, COLLEEN D CAUSE I P D I L l?? 1 11 .? I # !r, _ / a } ?Pilt i Y -2 f,-UMMERLAIND COUNT4' PENNSYLVANIA Kathryn L. Simpson, Esquire Sup. Ct. I.D. No. 28960 METTE, EVANS & WOODSIDE 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000 - Telephone (717) 236-1816 - Facsimile klsimpsongmette.com Attorneys for Plaintiffs V. LYNN GRAY and DARRELL IN THE COURT OF COMMON PLEAS OF GRAY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 09-7674 V. LINDA YOUNG, : CIVIL ACTION - LAW Defendant : JURY TRIAL DEMANDED PLAINTIFFS' POINTS FOR CHARGE Respectfully submitted, METTE, EVANS & WOODSIDE J " By: i.---'' Kat$ryn impson, Esqu Sup. Ct. UD No. 28960 3401 N. Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiffs Date: 1. The Defendant has admitted liability. Therefore, the only thing for your consideration is the amount of damages to be awarded to Plaintiffs in this action. 2. 7.00 (Civ) DAMAGES The defendant has admitted that she is liable for the accident. You must now find an amount of money damages you believe will fairly and adequately compensate the plaintiff for all the physical and financial injury she has sustained as a result of the occurrence. The amount you award today must compensate the plaintiff completely for damage[s] sustained in the past, as well as damages the plaintiff will sustain in the future. 3. 7.180 (Civ) AUTO NEGLIGENCE: ECONOMIC LOSSES In a case of this type, a plaintiff may recover economic losses if she can prove that: First, the defendant was negligent in one or more ways as I described to you in my instructions. In this matter, the defendant has admitted negligence. Second, the defendant's negligence was a factual cause in bringing about injury to the plaintiff, and Third, the plaintiff's injury resulted in economic losses. 4. 7.70 (Civ) PREEXISTING CONDITION OR INJURY Damages should be awarded for all injuries caused by the accident even if: 1. the injuries caused by the accident were more severe than could have been foreseen because of the plaintiff's prior physical condition; or 2. a preexisting medical condition was aggravated by the accident. If you find that the plaintiff did have a preexisting condition that was aggravated by the defendant's negligence, the defendant is responsible for any aggravation caused by the accident. I remind you that the defendant can be held responsible only for those injuries or the aggravation of a prior injury or condition that you find was factually caused by the accident. cwi? 5. 7.110 (Civ) PAST LOST EARNINGS AND LOST EARNINGS CAPACITY The plaintiff is entitled to be compensated for the amount of earnings that she has lost up to the time of the trial as a result of her injuries. This amount is the difference between what she could have earned but for the harm and less any sum she actually earned in any employment. C4? 6. 7.190 (Civ) AUTO NEGLIGENCE: SERIOUS IMPAIRMENT Under Pennsylvania law, the plaintiff may recover noneconomic loss damages in this case if the plaintiff can prove that: First, the defendant was negligent in one or more ways as I described to you in my instructions. In this matter, the defendant has admitted negligence. Second, the defendant's negligence was a factual cause in bringing about injury to the plaintiff, Third, the plaintiff's injury resulted in noneconomic damages; and Fourth, the plaintiff suffered serious impairment of a body function. To decide this last and additional element of proof, you must decide, based upon the evidence: First, whether the injuries sustained by the plaintiff in the accident impaired one or more body functions; and Second, whether that impairment of a body function was serious. In determining whether the impairment of a body function was serious, you should consider such factors as the extent of the impairment, the particular body function impaired, the length of time the impairment lasted, the treatment required to correct the impairment, and any other relevant factors. An impairment need not be permanent to be serious. The terms "serious," "impairment," and "body function" have no special or technical meaning in the law and should be considered by you in the ordinary sense of their common usage. 7. 7.130 (Civ) PAST AND FUTURE-NONECONOMIC LOSS The plaintiff has made a claim for a damage award for past and for future noneconomic loss. There are four items that make up a damage award for noneconomic loss, both past and future: (1) pain and suffering; (2) embarrassment and humiliation; (3) loss of ability to enjoy the pleasures of life; and (4) disfigurement. First, the plaintiff must have experienced pain and suffering in order to be able to claim damage awards for past noneconomic loss and for future noneconomic loss. You are instructed that the plaintiff is entitled to be fairly and adequately compensated for all physical pain, mental anguish, discomfort, inconvenience, and distress that you find she has endured from the time of the injury until today and that the plaintiff is also entitled to be fairly and adequately compensated for all physical pain, mental anguish, discomfort, inconvenience, and distress you find she will endure in the future as a result of her injuries. Second, the plaintiff must have experienced embarrassment and humiliation in order to claim noneconomic loss. The plaintiff is entitled to be fairly and adequately compensated for such embarrassment and humiliation as you believe she has endured and will continue to endure in the future as a result of her injuries. Third, the plaintiff must suffer loss of enjoyment of life. The plaintiff is entitled to be fairly and adequately compensated for the loss of her ability to enjoy any of the pleasures of life as a result of the injuries from the time of the injuries until today and to be fairly and adequately compensated for the loss of her ability to enjoy any of the pleasures of life in the future as a result of her injuries. Fourth, there must be disfigurement. The disfigurement that the plaintiff has sustained is a separate item of damages recognized by the law. Therefore, in addition to any sums you award for pain and suffering, for embarrassment and humiliation, and for loss of enjoyment of life, the plaintiff is entitled to be fairly and adequately compensated for the disfigurement she has suffered from the time of the injury to the present and that she will continue to suffer during the future duration of her life. In considering the plaintiff's claims for damage awards for past and future noneconomic loss, you will consider the following factors: (1) the age of the plaintiff, (2) the severity of the injuries; (3) whether the injuries are temporary or permanent; (4) the extent to which the injuries affect the ability of the plaintiff to perform basic activities of daily living and other activities in which the plaintiff previously engaged; (5) the duration and nature of medical treatment; (6) the duration and extent of the physical pain and mental anguish that the plaintiff has experienced in the past and will experience in the future; (7) the health and physical condition of the plaintiff prior to the injuries; and (8) in the case of disfigurement, the nature of the disfigurement and the consequences for the plaintiff. 8. 7.200 (Civ) AUTO NEGLIGENCE: FUTURE NONECONOMIC LOSS DAMAGES FOR NONCONTINUING SERIOUS IMPAIRMENT THRESHOLD INJURY If you find that the plaintiff suffered serious impairment of a body function, but her injury has ceased, or may in the future cease to be a serious impairment of a body function, that fact will not relieve the defendant from liability for any of the noneconomic loss damages suffered by the plaintiff as a result of the defendant's negligence. 9. 7.30 (Civ) FUTURE MEDICAL EXPENSES If you find the defendant's negligence caused the plaintiffs injuries, the plaintiff is entitled to be compensated for all medical expenses that you find she will reasonably incur in the future for the treatment and care of her continuing injuries. 10. 7.40 (Civ) FUTURE LOSS OF EARNINGS AND LOST EARNING CAPACITY The plaintiff is entitled to be compensated for any loss or reduction of future earning capacity that will result from the harm sustained. In order to decide this amount, you must first decide: I ., the total amounts that the plaintiff would have earned during her life expectancy if the injury had not occurred; and you must decide 2. the total amounts that the plaintiff probably will be able to earn during her life expectancy. The difference between these two amounts is the plaintiffs loss of future earning capacity due to the injury. The factors that you should consider in determining these amounts are: I . the type of work that the plaintiff has done in the past or was capable of doing; 2. the type of work, in view of the plaintiff s physical condition, education, experi- ence, and age, that the plaintiff would have been doing in the future had the harm not been sustained; 3. the type of work, based upon the plaintiffs physical condition, education, experience, and age, that the plaintiff will probably be able to do in the future, having sustained the injury; 4. the extent and duration of the plaintiff s harm; and 5. any other matters in evidence that you find to be reasonably relevant to this question. The amount of lost future earning capacity should be expressed by you in a dollar amount. 11. 7.140 (Civ) LOSS OF CONSORTIUM The plaintiff's spouse is entitled to be compensated for the past, present, and future loss of the injured party's services to him and the past, present, and future loss of companionship of his spouse. Consortium claims are losses arising out of the marital relationship. Consortium is the marital fellowship of a husband and a wife and includes the company, society, cooperation, affection, and aid of the other in the marital relationship. Such claims include a loss of support, comfort, and assistance, the loss of association, and companionship, and the loss of ability to engage in sexual relations. cov? I CERTIFICATE OF SERVICE I certify that I am this day serving a copy of the foregoing document upon the person(s) indicated below, as follows by hand-delivery: John R. Ninosky, Esquire JOHNSON, DUFFIE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 METTE, EVANS & WOODSIDE By: Ct. a.D1. No. 28960 3401 N. front Street P.O. Box 5950 Harrisburg, PA 17110-0950 Attorneys for Plaintiffs Date: April 23, 2012 cwt I I A Y -2 fN' 3: 32 CUM ERLAINO COUNTY PENNSYLVAMA JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jrn@jdsw.com V. LYNN GRAY and DARRELL GRAY, Plaintiffs Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7674Civil Term V. LINDA YOUNG, CIVIL ACTION - LAW JURY TRIAL DEMANDED Defendant DEFENDANT'S PROPOSED POINTS FOR CHARGE AND NOW, comes the Defendant by her attorneys, Johnson, Duffie, Stewart & Weidner, P.C., who respectfully requests that the jury in this case be instructed on the following Points for Charge. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: 4'?gz J n R. Ninosky, Esquire Attorney I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Date: April 19, 2012 486553 1. Based upon all of the evidence and the law, you are instructed to return a verdict in favor of the Defendant. Given Refused Covered Withdrawn Standard Points for Charge: Pa. SSJI (Civ) 2. 1.190 Evidence - Definition (formerly numbered ) Given Refused Covered Withdrawn 3. 13.00 Issues in the Case (formerly numbered 3. ! Given Refused Covered / Withdrawn 4. 13.160 Factual Cause (formerly numbered 3.15) Given Refused Covered ? Withdrawn 5. 5.20 Number of Witnesses and Exhibits (formerl ered 5.03) Given Refused Covered Withdrawn 6. 4.30 Conflicting Testimony (formerly numbered 5. Given Refused Covered Withdrawn 7. 4.00 Direct and Circumstantial Evidence (f;?:? mbered 5.07) Given Refused Covered Withdrawn 8. 4.80 Expert[s] Testimony - Credibility Generally (formerly number 5.30) Given Refused Covered Withdrawn 9. 4.120 Expert Opinion - Basis for Opinion Genera Il formerly number 5.31) Given Refused Covered Withdrawn 10. 4.10 Weighing Conflicting Expert Testimony (fo erly number 5.33) Given Refused Covered Withdrawn 11. 5.00 Burden of Proof (formerly numbered 5.5QJ.. Given Refused Covered Withdrawn 12. 7.00 Damages (formerly numbered 6.00) Given Refused Covered to.? Withdrawn 13. 7.140 Loss of Consortium (formerly numbered 6.10) Given Refused Covered Mt Withdrawn 14. 7.190 Auto Negligence - Serious Impairment (for rly numbered 6.16) Given Refused Covered Withdrawn 15. 7.200 Auto Negligence - Future Non-economic Loss Damages for Non- continuing Serious Impairment Threshold Injury (for numbered 6.17) Given Refused Covered Withdrawn 16. In order to recover non-economic losses in this case, Plaintiff must prove that she sustained a serious injury. In this case, Plaintiff must prove that she sustained a serious impairment of bodily function to recover non-economic losses. To determine whether Plaintiff has sustained a serious impairment of bodily function and is allowed to recover non-economic losses, you will be required to make two inquiries: (a) What bodily function, if any, was impaired because of injuries sustained in the motor vehicle accident? (b) Was the impairment of the bodily function serious? The focus of these inquires is not on the injuries themselves, but on the how the injuries affected a particular body function. In determining whether the impairment was serious, several factors should be considered: the extent of the impairment, the length of time the impairment lasted, the treatment required to correct the impairment and any other relevant factors. An impairment need not be permanent to be serious. § 1705 of the Motor Vehicle Financial Responsibility Law; Washington v. Baxter, 553 Pa. 434, 719 A.2d 733 (1998); Edson v. Winey, 77 Lancaster L.R. 15 (1999). C1( s 17. To establish a fair preponderance of the evidence in a civil case, you the jury may consider the testimony of all witnesses, regardless of who may have called them, and all exhibits received in evidence, regardless of who may have produced them. Miller v. Borough of Exeter, 366 Pa. 336, 77 A.2d 395 (1951). Given Refused Covered Withdrawn 18. In order to establish liability of the Defendant, the Plaintiff must prove that Defendant acted negligently or negligently failed to act, and that such negligence was a substantial factor in bringing about harm to the Plaintiff. Any negligent conduct on the part of the Defendant may not be found to be a substantial factor where Plaintiffs alleged injury would have been sustained even in the absence of negligence on the part of the Defendant. Flickinger Estate v. Ritsky, 452 Pa. 69, 305 A.2d 40 (1973); Frangis v. Duquesne Light Co., 232 Pa. Super. 420, 335 A.2d 796 (1975); Hamil v. Bashline, 481 Pa. 256, 392 A.2d 1280 (1978). Given Refused Covered t-?? Withdrawn W ?,7o 19. It is the Plaintiffs burden to establish by evidence such facts as will furnish the basis for your assessment of damages; the law requires not merely conjecture, but rather, sufficient information from which the damages may be assessed with reasonable certainty. Ma-gar v. Lifetime, Inc., 187 Pa. Super. 143, 144 A.2d 747 (1958); Gordon v. Trovato. 234 Pa. Super. 279, 338 A.2d 653 (1975). Given Refused Covered 61 Withdrawn ," 4 20. You may not estimate damages based on conjecture or speculation about what might happen in the future. Lorch v. Elgin, 369 Pa. 314, 85 A.2d 841 (1952) Given Refused Covered Withdrawn 21. Damages for pain and suffering are compensatory in nature and may not be arbitrary, speculative, or punitive, and must be reasonable. Haines v. Raven Arms 536 Pa. 452, 640 A.2d 367 (1994) Given Refused Covered Withdrawn 5 22. Your verdict is not to be based on sympathy or partiality for the Plaintiff or prejudice against the Defendant. These would be improper influences for you to consider in your deliberations. Lewis v. Pruitt , 337 Pa. Super. 419, 487 A.2d 16 (1985). Given Refused Covered Withdrawn 23. 1 have instructed you concerning the law of damages in Pennsylvania. By doing so, I express no opinion that there was or was not any liability on the part of the Defendant. That is for you, and only you, to decide. I have instructed you on the law of damages only because it is necessary at this time that I instruct you on all of the law which you may be required to apply in the course of your deliberations. Given Refused Covered Withdrawn 24. In determining what, if any, damages should be awarded to Plaintiff, it is your function to resolve inconsistencies and contradictions, to believe or disbelieve all or part of the testimony of the witnesses and thereafter to compromise the verdict or establish an amount which you determine would justly compensate the Plaintiff for her loss. Indeed, it is within your province to assess the worth of testimony and accept or reject the testimony of damages given by witnesses. Fierman v Southeastern Pennsylvania Transportation Authority, 277 Pa. Super. 252, 419 A.2d 757(1980). t/ A Given Refused Covered Withdrawn 25. You are not required to accept the evidence offered by the Plaintiff as to the causal relation between the alleged negligence and any damages that she is claiming. You may reject such evidence, or any part of it, if you do not find it credible or if, in your minds, it does not meet the standards as to the burden of proof as it has been defined by this court. You may reject this evidence, or any part of it, even though no contradictory evidence has been offered by Defendant. You may make your findings independent of all, or any part of, such testimony. Gaita v. Pamula, 385 Pa. 171, 122 A.2d 63 (1956); Gottlob v. Hillegas, 195 Pa. Super. 453,171 A.2d 868 (1961). Given Refused Covered Withdrawn 26. In determining what, if any, damages should be awarded to Plaintiff, it is your function to resolve inconsistencies and contradictions, to believe or disbelieve all or part of the testimony of the witnesses and thereafter to compromise the verdict or establish an amount which you determine would justly compensate the Plaintiff for her losses. Indeed, it is within your province to assess the worth of testimony and accept or reject the testimony of damages given by witnesses. Fierman v Southeastern Pennsylvania Transportation Authority, 277 Pa. Super. 252, 255, 419 A.2d 757, 759 (1980). Given Refused Covered Withdrawn CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on April 19, 2010: Kathryn L. Simpson, Esquire Mette, Evans & Woodside, 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 JOHNSON, DUFFIE, STEWART & WEIDNER By l/ 4 WZ??A J n R. Ninosky r, Cl) rl-j 0 cv r -? GY Z' J i- - JOHNSON, DUFFIE, STEWART & WEIDNER By: John R. Ninosky, Esquire I.D. No. 78000 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Phone: (717) 761-4540 E-mail: jrn@jdsw.com V. LYNN GRAY and DARRELL_ GRAY, Plaintiffs L Counsel fp 9Pfer ant i_f° . cn rJ -. c.? Dr. . - r .j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7674Civil Term V. LINDA YOUNG, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT BASED UPON THE VERDICT TO THE PROTHONOTARY: PLEASE enter judgment in favor of the Defendant, Linda Young, and against Plaintiffs based upon the jury verdict entered on the record on April 24, 2012, as no post-trial motions have been filed. JOHNS N, DUFFIE, STEW RT & WEIDNER By: 4?? , 'X John R. Inosky Attorney I.D. No. 78000 Date: May 10, 2012 Counsel for Defendant JUDGMENT Judgment is entered pursuant to the Jury Verdict in favor of Defendant and against Plaintiffs. Dated: X1114101 By: .3woo9p Prothono ary 495660 .+I(,,6o Ap elm 01,39 8AD Of 0115-M Aj ,tom sec( "OF-,, f14 1k CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served upon the following counsel of record, by depositing the same in the United States Mail, postage prepaid, in Lemoyne, Pennsylvania, on May 10, 2012: Kathryn L. Simpson, Esquire Mette, Evans & Woodside, 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0950 JOHNSON, DUFFIE, STEWART & WEIDNER By 11m'&1'4A ohn R. N nosky