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HomeMy WebLinkAbout11-3848IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Carrol Hench ' 529 Fickes Lane Newport, PA 17074 Case No. Civil Term VS. Civil Action for Premises Liability Defendant(s) & Address(es) Holy Spirit Hospital C= 503 North 21st Street -;, = --i Camp Hill, PA 17011 im -; - ?s r r M -? r- ..q c:) {? 5a• -n :=-n PRAECIPE FOR WRIT OF SUMMONS ..?, TO THE PROTHONOTARY/CLERK OF SAID COURT:' ? w Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorne eriff 1 e Cir le choice Date : April 21, 2011 Signatu f Attorney Print N • Jennifer P. Wilson, Esq. Address: 227 N. High Street, PO Box 116 Duncannon, PA 17020 Telephone #: 717-834-3087 Supreme Court ID Number: 209893 ..... ct'}g9a.bt'd al WRIT OF SUMMONS V_ S67 ?as? P'7 I TO: Holy Spirit Hospital YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HAS/HAVE COMNIENCED AN ACTION AGAINST YOU. ?A? 0 BU?L,L Prothonotary/Clerk, Civil Division Date:- d???l b Dep FILED-OFFICE OF THE PROTHONOTARY ?W110EC 21 A"11050 CU PENNSYL ANIA TY CARROL A. HENCH, Plaintiff VS. HOLY SPIRIT HOSPITAL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO: 'ill-3848 CIVIL''TERM 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 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 YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD OZ GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013, 717-249-3166 OR 1-800-990-9108 December 20, 2011 Jennifer P. 227 N. Hig Street, P.O. Box 116 Duncannon PA 17020 717-834-30 7 Attorney for Plaintiff CARROL A. HENCH, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY VS. NO: 11-3848 HOLY SPIRIT HOSPITAL, Defendant CIVIL TERM COMPLAINT COMES NOW, the plaintiff Carrol A. Hench, by and through her attorney, and complains of the defendant as follows: 1. Plaintiff is Carrol A. Hench, who resides at 529 Fickes Lane, Newport, Pennsylvania 17074, in Perry County. 2. Defendant is Holy Spirit Hospital, whose address is 503 North 21st Street, Camp Hill, Pennsylvania, in Cumberland County. 3. Jurisdiction is proper in Cumberland County because the conduct at issue occurred in Cumberland County, and the defendant corporation is located in Cumberland County. 4. Plaintiff filed a Praecipe for Writ of Summons on April 21, 2011, and service was completed on defendant by the Cumberland County Sheriffs office on April 29, 2011. 5. On April 22, 2009, Plaintiff was staying in room 430 at Holy Spirit Hospital as a patient, recovering from a surgery and subsequent infection. 6. Plaintiff was scheduled to be discharged from the hospital on April 23, 2009. 7. At approximately 8:49 p.m., on April 22, 2009, Plaintiff called for a nurse to help her go to the bathroom. 8. After waiting about fifteen minutes for a nurse to arrive, Plaintiff could wait no longer and went to the bathroom herself, taking along her IV pole. 9. As Plaintiff was exiting the bathroom, the bathroom door fell off its hinge and onto Plaintiff, knocking her backward into the bathtub. 2 10. Plaintiff hit her head on the bathtub when she fell. 11. Plaintiff screamed, and then nurses arrived to assist her. 12. The door was quite heavy, and is estimated to weigh about 200 pounds. 13. The nurses had to lift the door off Plaintiff and help her to sit up. 14. When Plaintiffs son arrived at the hospital later on the night of April 22, 2009, the bathroom door was still off the hinge, and was propped against a wall in the hospital room. 15. The next day, on April 23, 2009, two men came to room 430 to repair the door. 16. Plaintiff sustained several bumps and a cut on the left/back of her head, which bled significantly. 17. Plaintiff was examined by Dr. Farhi shortly after this incident. 18. A CAT-Scan was performed on Plaintiff as a result of this incident on the night of April 22, 2009. 19. Plaintiff was seriously emotionally distressed by this incident, and suffered significant physical pain as a result of the head injury. 20. Plaintiff was prescribed pain medication, and remained in the hospital for an extra day and night as a result of this injury, resulting in additional medical expenses. COUNT I - NEGLIGENCE 21. The factual allegations in paragraphs 1 through 20 are hereby incorporated by reference. 22. Holy Sprit Hospital owed a duty to patients to maintain the doors inside the hospital rooms with care in order to avoid injury to patients. 23. Holy Spirit Hospital engaged in conduct that was negligent by failing to repair and/or maintain the bathroom door in hospital room 430 so that it could be used for its intended purpose without falling off the hinge, 3 24. The factual cause of Plaintiff s injuries was the hospital door falling off its hinge and hitting her. 25. Plaintiff was damaged by Holy Spirit Hospital's negligence in that she sustained physical injury, emotional distress, pain and suffering, and additional medical expenses. WHEREFORE, plaintiff respectfully demands judgment in plaintiff s favor and against the defendant in the amount of $25,000.00, exclusive of costs and damages for delay, which amount does not exceed the arbitration limit for Cumberland County, and for such other relief as the court may deem appropriate. COUNT II - RECKLESS CONDUCT 26. The factual allegations in paragraphs 1 through 25 are hereby incorporated by reference. 27. Holy Spirit Hospital engaged in reckless conduct by failing to repair and/or maintain the bathroom door in hospital room 430 so that it could be used for its intended purpose without falling off the hinge. 28. The risk of serious physical harm to a patient from the bathroom door falling off its hinge was apparent, highly probable, and entirely foreseeable. 29. The factual cause of Plaintiff s injuries was the hospital door falling off its hinge and hitting her. 30. Plaintiff was damaged by Holy Spirit Hospital's reckless conduct in that she sustained physical injury, emotional distress, pain and suffering, and additional medical expenses. WHEREFORE, plaintiff respectfully demands judgment in plaintiff s favor and against the defendant in the amount of $25,000.00, exclusive of costs and damages for delay, which amount does not exceed the arbitration limit for Cumberland County, and for such other relief as the court may deem appropriate. COUNT III - PREMISES LIABILITY 31. The factual allegations in paragraphs 1 through 30 are hereby incorporated by reference. 4 32. Holy Spirit Hospital owed a duty of care to use reasonable care in the maintenance and use of its property to protect invitees and licensees from foreseeable harm. 33. Holy Spirit Hospital knew or should have known that the bathroom door in room 430 was in a dangerous condition, and realized or should have realized that the door presented an unreasonable risk of harm to a patient. 34. Holy Spirit Hospital realized or should have realized that patients would not discover or realize the danger or be able to protect themselves from the door falling off its hinge. 35. Holy Spirit Hospital failed to use reasonable care to protect patients from the danger of the door falling off its hinge. 36. Holy Spirit Hospital also failed to warn patients that the door was unsafe for use and could fall off its hinge. 37. The factual cause of Plaintiff s injuries was the hospital door falling off its hinge and hitting her. 38. Plaintiff was damaged by Holy Spirit Hospital's failures in that she sustained physical injury, emotional distress, pain and suffering, and additional medical expenses. WHEREFORE, plaintiff respectfully demands judgment in plaintiff s favor and against the defendant in the amount of $25,000.00, exclusive of costs and damages for delay, which amount does not exceed the arbitration limit for Cumberland County, and for such other relief as the court may deem appropriate. December 20, 2011 Jennifer . W4fson, Esquire Supreme ourt ID No. 209893 PHILPO T WILSON LLP 227 N. Nigh Street, P.O. Box 116 Duncannon, PA 17020 717-834-3087 Attorney for Plaintiff 5 I verify that the statements made in the foregoing documents are true and correct to my personal knowledge, information, understanding, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. dau-? 6E 4-."C-L Carrol Hench U36907. DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR: DEFENDANT BY: Thomas M. Chairs, Esquire HOLY SPIRIT HOSPITAL ATTORNEY I.D. NO. 78565 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-731-4800 (Tele) 888-811-7144 Fax CARROL HENCH IN THE COURT OF COMMON'T HAS -,I , Plaintiff OF CUMBERLAND COUNTYp:X -cc T PENNSYLVANIA "? 'r= v. NO. 11-3848 CIVIL DIVISION =6 HOLY SPIRIT HOSPITAL, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Carrol Hench c/o Jennifer P. Wilson, Esquire PHILPOTT WILSON LLP 227 N. High Street PO Box 115 Duncannon, PA 17020 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully submitted, DICKIE, MCCAM ILCOTE, P.C. Date: January 9, 2012 By: mas N air , Supreme Court I.D. #78565 425 N. 21St Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendant, Holy Spirit Hospital 1,136463 ' DICKIE, MCCAMEY & CHILCOTE, P.C. ATTORNEY FOR: DEFENDANT BY: Thomas M. Chairs, Esquire HOLY SPIRIT HOSPITAL ATTORNEY I.D. NO. 78565 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-731-4800 (Tele) 888-811-7144 Fax is CARROL HENCH, IN THE COURT OF COMMO E Plaintiff OF CUMBERLAND COUNTY2w rn 4-- - "? rn PENNSYLVANIA =:;o ??rte v. NO. 11-3848 c- CIVIL DIVISION 5;„ " !Z - ."? ---? rv -, rv HOLY SPIRIT HOSPITAL, Defendant JURY TRIAL DEMANDED DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Holy Spirit Hospital, by and through its counsel, Dickie, McCamey & Chilcote, P.C., and preliminarily objects to Plaintiff's Complaint, as follows: I. Plaintiff initiated the above-captioned lawsuit against Holy Spirit Hospital by Writ of Summons filed on or about April 21, 2011. 2. On or about December 21, 2011, Plaintiff filed a Complaint against Holy Spirit Hospital alleging, inter alia, a cause of action for negligence based upon premises liability. A copy of Plaintiff's Complaint is attached hereto as Exhibit "A". 3. Plaintiff alleges that she was injured after a bathroom door fell off its hinge and onto Plaintiff at the Holy Spirit Hospital. 4. In Count II of Plaintiffs Complaint, Plaintiff improperly pleads an independent cause of action titled "Reckless Conduct." 5. It is submitted that Count II of Plaintiffs Complaint should be stricken for failure to state a claim upon which relief can be granted pursuant to Pa.R.C.P. 1028(a)(4). 1136463 6. Court II states that Holy Spirit Hospital engaged in "reckless conduct" by failing to repair and/or maintain the bathroom door which injured Plaintiff. 7. The independent cause of action is representative of, or alternatively, can be claimed to set forth a claim for punitive damages. 8. However, a request for punitive damages cannot stand as an independent cause of action. Nix v. Temple University of the Comm. Sys. of Higher Education, 596 A.2d 1132, 1138 (Pa.Super. 1999)(dismissing claim for punitive damages contained in a separate count). See also Hilbert v. Roth, 149 A.2d 648, 652 (Pa.Super. 1959) (stating that "the right to punitive damages is a near instant to a cause of action and not the subject of an action in itself'). 9. Therefore, Count II of the Complaint should be stricken with prejudice. 10. In addition to being pled as an improper independent cause of action, the Complaint also fails to include any facts upon which the Court may award punitive damages for alleged reckless conduct. 11. Appellate Counts have defined recklessness as follows: The actor's conduct is in reckless disregard of the safety of another if he does an act or intentionally fails to do an act which it is his duty to the other to do, knowing or having reason to know of facts which would lead a reasonable man to realize not only that his conduct creates an unreasonable risk of physical harm to another, but also that such risk is substantially greater than that which is necessary to make his conduct negligent. Taylor v. Albert Einstein Med. Ctr., 723 A.2d 1027, 1037 (Pa.Super. 1998)(quoting Section 500 of the Restatement (Second) of Torts, reversed in part on other grounds, 754 A.2d 650 (Pa. 2000). 12. Additionally, in order for conduct to be considered reckless: 1J36463 It must involve an easily perceptible danger of death or substantial physical harm, and the probability that it will so result must be substantially greater than is required for ordinary negligence .... Hall v. Jackson, 788 A.2d 390, 403 (Pa.Super. 2002); Moran v G. & W.H. Corson, Inc., 586 A.2d 416, 423 (Pa.Super. 1991)(quoting Comments to Restatement (Second) of Torts § 500). 13. Courts look to the act itself in examining the wrongdoer's motives and the act or failure to act must be intentional, reckless, of malicious. The Court must look to the "act itself with all the circumstances including the motive of the wrongdoers and the relations between the parties." Feld v. Merriam, 485 A.2d 742 (Pa. 1984). 14. In the instant matter, Plaintiffs Complaint is devoid of any allegations of conduct on the part of Holy Spirit Hospital which rises to the level of reckless conduct as defined by the Courts of this Commonwealth. Specifically, Plaintiff has failed to plead or otherwise establish that Holy Spirit Hospital disregard the known danger to Plaintiff, or otherwise had knowledge or reason to know of facts creating a high risk of serious hard to Plaintiff and made a deliberate choice to act or fail to act in an unreasonable manner in conscious disregard or deliberate indifference to that risk. 15. At best, the allegations amount to no more than ordinary negligence - which are specifically denied. 16. Furthermore, the courts have specifically held that "punitive damages are not to be awarded for this conduct this constitutes ordinarily negligence such as inadvertence, mistake and errors of judgment. Hall v. Jackson, 788 A2d 390, 403 Pa.Super. 2002 (quoting McDaniel v. Merck, 533 A2d 436, 437 (Pa.Super. 1987). 17. Nowhere in the Complaint has Plaintiff set forth any specific actions or inaction by Holy Spirit Hospital which exhibited reckless indifference or evil motive toward Plaintiff. IJ36463- Nor has Plaintiff otherwise provided any semblance of factual support for her general asserted claims or recklessness contained in Count II of Plaintiff's Complaint. 18. This court has consistently dismissed allegations of reckless conduct and/or punitive damages claims for the failure of a Plaintiff to plead material facts to support such claims. See, Sabadish v. Patchin, No. 2005-3741 (Ct. Com. Pls. Cumberland County, May 18, 2006); Angeloff v. Armstrong, No. 2004-4743 (Ct. Com. Pls. Cumberland County, May 13, 2005); Garrity v. Macaluso, No. 01-1300 Civil Term (Ct. Com. Pls. Cumberland County, July 31, 2001); Dorsey v. Pinker, No. 98-3107 Civil Term (Ct. Com. Pls. Cumberland County, August 4, 1999); Townsend-Ensor v. Entwistle, No. 98-5606 Civil Term (Ct. Com. Pls. Cumberland County, June 17, 1999); and Gordon v. Tager, No. 97-6684 Civil Term (Ct. Com. Pls. Cumberland County, July 2, 1998). 19. Based on the foregoing, Holy Spirit Hospital respectfully requests that Count II of Plaintiff's Complaint be dismissed with prejudice. WHEREFORE, Defendant, Holy Spirit Hospital respectfully requests that this Honorable Court enter the attached Order. Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: January 9, 2012 By: 'fb#Xs M. Ch&fs, Esquire Su eme Court I.D. #78565 Aaron S. Jayman, Esquire Supreme Court I. D. #85651 425 N. 21st Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendant, Holy Spirit Hospital Exwb,+ ft CARROL A. HENCH, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY " ° c VS. rd rn i v =-.n - NO: 11-3848 t Orn- HOLY SPIRIT HOSPITAL , N Defendant CIVIL TERM ?v M,,, =- zp 2n y,? - °r7 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 20 days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 OR 1-800-990-9108 December 20, 2011 Jennifer P. Non, Esquire 227 N. Hig Street, P.O. Box 116 Duncanno PA 17020 717-834-3087 Attorney for Plaintiff i CARROL A. HENCH, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY vs. NO: 11-3848 HOLY SPIRIT HOSPITAL, Defendant CIVIL TERM COMPLAINT COMES NOW, the plaintiff Carrol A. Heneh, by and through her attomey, and complains of the defendant as follows: 1. Plaintiff is Carrol A. Hench, who resides at 529 Fickes Lane, Newport, Pennsylvania 17074, in Perry County. 2. Defendant is Holy Spirit Hospital, whose address is 503 North 21st Street, Camp Hill, Pennsylvania, in Cumberland County. 3. Jurisdiction is proper in Cumberland County because the conduct at issue occurred in Cumberland County, and the defendant corporation is located in Cumberland County. 4. Plaintiff filed a Praecipe for Writ of Summons on April 21, 2011, and service was completed on defendant by the Cumberland County Sheriffs office on April 29, 2011. 5. On April 22, 2009, Plaintiff was staying in room 430 at Holy Spirit Hospital as a patient, recovering from a surgery and subsequent infection. 6. Plaintiff was scheduled to be discharged from the hospital on April 23, 2009. 7. At approximately 8:49 p.m., on April 22, 2009, Plaintiff called fora nurse to help her go to the bathroom. 8. After waiting about fifteen minutes for a nurse to arrive, Plaintiff could wait no longer and went to the bathroom herself, taking along her IV pole. 9. As Plaintiff was exiting the bathroom, the bathroom door fell off its hinge and onto Plaintiff, knocking her backward into the bathtub. 2 1 10. Plaintiff hit her head on the bathtub when she fell. 11. Plaintiff screamed, and then nurses arrived to assist her. 12. The door was quite heavy, and is estimated to weigh about 200 pounds. 13. The nurses had to lift the door off Plaintiff and help her to sit up. 14. When Plaintiffs son arrived at the hospital later on the night of April 22, 2009, the bathroom door was still offthe hinge, and was propped against a wall in the hospital room. 15. The next day, on April 23, 2009, two men came to room 430 to repair the door. 16. Plaintiff sustained several bumps and a cut on the left/back of her head, which bled significantly. 17. Plaintiff was examined by Dr. Farhi shortly after this incident 18. A CAT-Scan was performed on Plaintiff as a result of this incident on the night of April 22, 2009. 19. Plaintiff was seriously emotionally distressed by this incident, and suffered significant physical pain as a result of the head injury. 20. Plaintiff was prescribed pain medication, and remained in the hospital for an extra day and night as a result of this injury, resulting in additional medical expenses. COUNT I - NEGLIGENCE 21. The factual allegations in paragraphs 1 through 20 are hereby incorporated by reference. 22. Holy Sprit Hospital owed a duty to patients to maintain the doors inside the hospital rooms with care in order to avoid injury to patients. 23. Holy Spirit Hospital engaged in conduct that was negligent by failing to repair and/or maintain the bathroom door in hospital room 430 so that it could be used for its intended purpose without falling off the hinge. 3 24. The factual cause of Plaintiffs injuries was the hospital door falling off its hinge and hitting her. 25. Plaintiff was damaged by Holy Spirit Hospital's negligence in that she sustained physical injury, emotional distress, pain and suffering, and additional medical expenses. WHEREFORE, plaintiff respectfully demands judgment in plaintiffs favor and against the defendant in the amount of $25,000.00, exclusive of costs and damages for delay, which amount does not exceed the arbitration limit for Cumberland County, and for such other relief as the court may deem appropriate. COUNT Il - RECKLESS CONDUCT 26. The factual allegations in paragraphs 1 through 25 are hereby incorporated by reference. 27. Holy Spirit Hospital engaged in reckless conduct by failing to repair and/or maintain the bathroom door in hospital room 430 so that it could be used for its intended purpose without falling off the hinge. 28. The risk of serious physical harm to a patient from the bathroom door failing off its hinge was apparent, highly probable, and entirely foreseeable. 29. The factual cause of Plaintiffs injuries was the hospital door falling off its hinge and hitting her. 30. Plaintiffwas damaged by Holy Spirit Hospital's reckless conduct in that she sustained physical injury, emotional distress, pain and suffering, and additional medical expenses. WHEREFORE, plaintiff respectfully demands judgment in plaintiffs favor and against the defendant in the amount of $25,000.00, exclusive of costs and damages for delay, which amount does not exceed the arbitration limit for Cumberland County, and for such other relief as the court may deem appropriate. COUNT III -PREMISES LIABILITY 31. The factual allegations in paragraphs 1 through 30 are hereby incorporated by reference. 4 32. Holy Spirit Hospital owed a duty of care to use reasonable care in the maintenance and use of its property to protect invitees and licensees from foreseeable harm. 33. Holy Spirit Hospital knew or should have known that the bathroom door in room 430 was in a dangerous condition, and realized or should have realized that the door presented an unreasonable risk of harm to a patient. 34. Holy Spirit Hospital realized or should have realized that patients would not discover or realize the danger or be able to protect themselves from the door falling off its hinge. 35. Holy Spirit Hospital failed to use reasonable care to protect patients from the danger of the door falling off its hinge. 36. Holy Spirit Hospital also failed to warn patients that the door was unsafe for use and could fall off its hinge. 37. The factual cause of Plaintiffs injuries was the hospital door falling off its hinge and hitting her. 38. Plaintiffwas damaged by Holy Spirit Hospital's failures in that she sustained physical injury, emotional distress, pain and suffering, and additional medical expenses. WHEREFORE, plaintiff respectfully demands judgment in plaintiffs favor and against the defendant in the amount of $25,000.00, exclusive of costs and damages for delay, which amount does not exceed the arbitration limit for Cumberland County, and for such other relief as the court may deem appropriate. December 20, 2011 Respecffillly subknitted; Jennifer . Wifion, Esquire Supreme ourt ID No. 209893 PHILPO WILSON LLP 227 N. High Street, P.O. Box It 6 Duncannon, PA 17020 717-834-3087 Attorney for Plaintiff J V I verify that the statements made in the foregoing documents are true and correct to my personal knowledge, information, understanding, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. daxk? Carrot Hench 1,136463- CERTIFICATE OF SERVICE AND NOW, January 9, 2012, I, Thomas M. Chairs, Esquire, hereby certify that I did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Jennifer P. Wilson, Esquire PHILPOTT WILSON LLP 227 N. High Street PO Box 115 Duncannon, PA 17020 (Counsel for Plaintiff) Thomas hairs, Esquire rn ri EjCL CARROL A. HENCH, IN THE COURT OF COMMON 'LS ; Plaintiff OF CUMBERLAND COUNTY VS. NO: 11-3848 HOLY SPIRIT HOSPITAL, Defendant CIVIL TERM 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 20 days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 OR 1-800-990-9108 2012 March 6, ennifer P. Wilson, Esquire 227 N. High Street, P.O. Box 116 Duncannon, PA 17020 717-834-3087 Attorney for Plaintiff CARROL A. HENCH, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY VS. NO: 11-3848 HOLY SPIRIT HOSPITAL, Defendant CIVIL TERM AMENDED COMPLAINT COMES NOW, the plaintiff Carrol A. Hench, by and through her attorney, and complains of the defendant as follows: Plaintiff is Carrol A. Hench, who resides at 529 Fickes Lane, Newport, Pennsylvania 17074, in Perry County. 2. Defendant is Holy Spirit Hospital, whose address is 503 North 21 st Street, Camp Hill, Pennsylvania, in Cumberland County. 3. Jurisdiction is proper in Cumberland County because the conduct at issue occurred in Cumberland County, and the defendant corporation is located in Cumberland County. 4. Plaintiff filed a Praecipe for Writ of Summons on April 21, 2011, and service was completed on defendant by the Cumberland County Sheriffs office on April 29, 2011. 5. On April 22, 2009, Plaintiff was staying in room 430 at Holy Spirit Hospital as a patient, recovering from a surgery and subsequent infection. 6. Plaintiff was scheduled to be discharged from the hospital on April 23, 2009. 7. At approximately 8:49 p.m., on April 22, 2009, Plaintiff called for a nurse to help her go to the bathroom. 8. After waiting about fifteen minutes for a nurse to arrive, Plaintiff could wait no longer and went to the bathroom herself, taking along her IV pole. 9. As Plaintiff was exiting the bathroom, the bathroom door fell off its hinge and onto Plaintiff, knocking her backward into the bathtub. 2 10. Plaintiff hit her head on the bathtub when she fell. 11. Plaintiff screamed, and then nurses arrived to assist her. 12. The door was quite heavy, and is estimated to weigh about 200 pounds. 13. The nurses had to lift the door off Plaintiff and help her to sit up. 14. When Plaintiffs son arrived at the hospital later on the night of April 22, 2009, the bathroom door was still off the hinge, and was propped against a wall in the hospital room. 15. The next day, on April 23, 2009, two men came to room 430 to repair the door. 16. Plaintiff sustained several bumps and a cut on the left/back of her head, which bled significantly. 17. Plaintiff was examined by Dr. Farhi shortly after this incident. 18. A CAT-Scan was performed on Plaintiff as a result of this incident on the night of April 22, 2009. 19. Plaintiff was seriously emotionally distressed by this incident, and suffered significant physical pain as a result of the head injury. 20. Plaintiff was prescribed pain medication, and remained in the hospital for an extra day and night as a result of this injury, resulting in additional medical expenses. COUNT I - NEGLIGENCE 21. The factual allegations in paragraphs 1 through 20 are hereby incorporated by reference. 22. Holy Sprit Hospital owed a duty to patients to maintain the doors inside the hospital rooms with care in order to avoid injury to patients. 23. Holy Spirit Hospital engaged in conduct that was negligent by failing to repair and/or maintain the bathroom door in hospital room 430 so that it could be used for its intended purpose without falling off the hinge. 3 24. The factual cause of Plaintiff s injuries was the hospital door falling off its hinge and hitting her. 25. Plaintiff was damaged by Holy Spirit Hospital's negligence in that she sustained physical injury, emotional distress, pain and suffering, and additional medical expenses. WHEREFORE, plaintiff respectfully demands judgment in plaintiffs favor and against the defendant in the amount of $25,000.00, exclusive of costs and damages for delay, which amount does not exceed the arbitration limit for Cumberland County, and for such other relief as the court may deem appropriate. COUNT II - PREMISES LIABILITY 26. The factual allegations in paragraphs 1 through 25 are hereby incorporated by reference. 27. Holy Spirit Hospital owed a duty of care to use reasonable care in the maintenance and use of its property to protect invitees and licensees from foreseeable harm. 28. Holy Spirit Hospital knew or should have known that the bathroom door in room 430 was in a dangerous condition, and realized or should have realized that the door presented an unreasonable risk of harm to a patient. 29. Holy Spirit Hospital realized or should have realized that patients would not discover or realize the danger or be able to protect themselves from the door falling off its hinge. 30. Holy Spirit Hospital failed to use reasonable care to protect patients from the danger of the door falling off its hinge. 31. Holy Spirit Hospital also failed to warn patients that the door was unsafe for use and could fall off its hinge. 32. The factual cause of Plaintiff s injuries was the hospital door falling off its hinge and hitting her. 33. Plaintiff was damaged by Holy Spirit Hospital's failures in that she sustained physical injury, emotional distress, pain and suffering, and additional medical expenses. 4 WHEREFORE, plaintiff respectfully demands judgment in plaintiff s favor and against the defendant in the amount of $25,000.00, exclusive of costs and damages for delay, which amount does not exceed the arbitration limit for Cumberland County, and for such other relief as the court may deem appropriate. March 6, 2012 Respectfully submitted; ?-A? nnifer P. Wilson, Esquire Supreme Court ID No. 209893 PHILPOTT WILSON LLP 227 N. High Street, P.O. Box 116 Duncannon, PA 17020 717-834-3087 Attorney for Plaintiff 5 I verify that the statements made in the foregoing documents are true and correct to my personal knowledge, information, understanding, and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. I!rr Carrol Hench 1136907 DICKIE, MCCAMEY & CHI LCOTE, P.C: 1' i } j "41 , 1 ATTORNEY FOR: DEFENDANT BY: Thomas M. Chairs, Esquire ^ r HOLY SPIRIT HOSPITAL ATTORNEY I.D. NO. 78565 Plaza 21, Suite 302 425 North 21st Street i ??, h( LY) ? Camp Hill, PA 17011 717-7314800 (Tele) 888-811-7144 Fax CARROL HENCH, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. HOLY SPIRIT HOSPITAL, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Carrol Hench c/o Jennifer P. Wilson, Esquire PHILPOTT WILSON LLP 227 N. High Street PO Box 115 Duncannon, PA 17020 YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT WITHIN TWENTY (20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING OR JUDGMENT MAY BE ENTERED AGAINST YOU. NO. 11-3848 CIVIL DIVISION Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: April 19, 2012 By: Tho WaM Chairs, Esquire Sup ourt I.D. #78565 425 Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 Attorney for Defendant, Holy Spirit Hospital 1213570 DICKIE, MCCAMEY & CHILCOTE, P.C. BY: Thomas M. Chairs, Esquire ATTORNEY I.D. NO. 78565 BY: Aaron S. Jayman, Esquire ATTORNEY I.D. NO. 85651 Plaza 21, Suite 302 425 North 21st Street Camp Hill, PA 17011 717-731-4800 (Tele) 888-811-7144 (Fax) Carrot Hench, Plaintiff ATTORNEY FOR DEFENDANT HOLY SPIRIT HOSPITAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Holy Spirit Hospital, Defendant NO. 11-3848 CIVIL DIVISION JURY TRIAL DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S AMENDED COMPLAINT AND NOW, comes, Holy Spirit Hospital, by and through its attorneys, Dickie, McCamey & Chilcote, P.C., and files the within Answer with New Matter to Plaintiff s Amended Complaint and in support thereof avers as follows: 1. Denied. After reasonable investigation, Answering Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in this paragraph of Plaintiffs Amended Complaint and therefore Answering Defendant denies same and demands strict proof thereof at the time of trial. 2. Admitted. 3. Admitted. 4. Admitted. 5.-18. Denied generally pursuant to Pa.R.C.P. 1029(e). 19. Denied. After reasonable investigation, Answering Defendant its without knowledge or information sufficient to form a belief as to the truth or falsity of the averments set forth in this paragraph of Plaintiff's Amended Complaint and therefore Answering Defendant denies same and demands strict proof thereof at the time of trial 20. Denied generally pursuant to Pa.R.C.P. 1029(e). COUNT I - NEGLIGENCE 21. The above-stated responses to paragraphs 1 through 20 of Plaintiff s Amended Complaint are incorporated herein as though iully set forth at length. 22.-25. Denied. These paragraphs of Plaintiff s Amended Complaint set forth conclusions of law as opposed to statement of fact. Consequently, no response is required. In the alternative to the extent that these paragraphs of Plaintiff s Amended Complaint are deemed to contain facts to which a responsive pleading is required, those allegations of fact are denied generally pursuant to Pa.R.C.P. 1029(e). WHEREFORE Holy Spirit Hospital denies that Plaintiff is entitled to the relief requested or any relief whatsoever and demands that judgment be entered in its favor and against the Plaintiff. Answering Defendant further requests an appropriate award of costs and fees. COUNT II - PREMISES LIABILITY 26. The above-stated responses to paragraphs 1 through 25 of Plaintiffs Amended Complaint are incorporated herein as though fully set forth at length. 27.-33. Denied. These paragraphs of Plaintiff s Amended Complaint set forth conclusions of law as opposed to statement of fact. Consequently, no response is required. In the alternative to the extent that these paragraphs of Plaintiffs Amended Complaint are deemed 2 to contain facts to which a responsive pleading is required, those allegations of fact are denied generally pursuant to Pa.R.C.P. 1029(e). WHEREFORE Holy Spirit Hospital denies that Plaintiff is entitled to the relief requested or any relief whatsoever and demands that judgment be entered in its favor and against the Plaintiff. Answering Defendant further requests an appropriate award of costs and fees. NEW MATTER 34. Plaintiff's claims are barred and/or limited by the applicable statute of limitations. 35. At all times material hereto the Answering Defendant acted reasonable, prudently, properly and within the applicable standard of care. 36. No conduct on the part of the Answering Defendant in any way caused or contributed to any harm the Plaintiff may have suffered. 37. Plaintiff's Amended Complaint fails to state a cause of action. 38. If Plaintiff sustained injuries and damages alleged in her Amended Complaint, then the same is barred and/or reduced by the provisions of the Pennsylvania Comparative Negligence Act. 39. If Plaintiff sustained the injuries and damages alleged in her Amended Complaint, then the same were not proximately caused by any action or failure to act on behalf of the Answering Defendant and/or any of its employees acting within the course and scope of their employment and in furtherance of Answering Defendant's business. 40. Plaintiff failed to mitigate her damages. 41. If Plaintiff sustained injuries and damages as alleged in her Amended Complaint, then same were caused by other entities over whom Answering Defendant had no control. 3 42. If Plaintiff sustained injuries and damages as alleged in her Amended Complaint, then Plaintiff assumed a known and obvious risk. 43 The Answering Defendant affirmatively asserts all defenses available pursuant to the M-Care Availability and Reduction of Error Act. 44. To the extent that the evidence reveals that Plaintiff failed to follow medical advise, failed to treat properly or otherwise failed to mitigate her damages, Answering Defendant pleads the defensive failure to mitigate. 45. To the extend that the evidence that Plaintiff had pre-existing condition that caused or contributed to her injuries, this Answering Defendant pleads the existence of that pre- existing condition as a defense. 46. If at the time of trial it is established that this Answering Defendant accepted less than full payment for certain of Plaintiff's medical expenses or otherwise forgave certain of those expenses, then this Answering Defendant pleads any such setoffs as an affirmative defense. 47. This Answering Defendant raises the acts and/or omissions of third parties over whom Defendant had no right or no duty to control as a complete and/or partial bar to the Plaintiff's claims. 48. To the extent that the evidence reveals the Plaintiff lacked the capacity to sue at the time this action was commenced or at any time relevant hereto, this Answering Defendant pleads the lack of capacity to sue as an affirmative defense. 49. To the extent that it is determined that the Plaintiff is or was engaged in other litigation or proceedings pertaining to the injuries alleged in her Amended Complaint, this Answering Defendant pleads defense of accord and satisfaction, arbitration and award, estoppel and release. 4 Respectfully submitted, DICKIE, MCCAMEY & CHILCOTE, P.C. Date: April 19, 2012 By: 1 Thomas irs, squire Suprem C LD. #78565 Aaron S. Jayman, Esquire Supreme Court I. D. #85651 425 N. -I" Street, Suite 302 Camp Hill, PA 17011-3700 (717) 731-4800 (888) 811-7144 Attorney for Defendant, Holy Spirit Hospital 5 Verification Feidt VERIFICATION I, Ellen Feidt, R.N., Director of Risk Management, hereby verify that the averments set forth in Answer with New Matter are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 1S Pa. C.S. §4904, relating to unsworn falsification to authorities. Ellen Feidt, R.N., Director of Risk Management Holy Spirit Hospital CERTIFICATE OF SERVICE AND NOW, April 19, 2012, 1, Aaron S. Jayman, Esquire, hereby certify that 1 did serve a true and correct copy of the foregoing upon all counsel of record by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Jennifer P. Wilson, Esquire PHILPO'i T WILSON LLP 227 N. High Street PO Box 115 Duncannon, PA 17020 (Counsel for Plaintiff) I a'L Aaron S. Jayrydn, s u' I iii iEliI.NND COU?'I"j.... 14Syt"ANIA CARROL A. HENCH, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY VS. NO: 11-3848 HOLY SPIRIT HOSPITAL, Defendant CIVIL TERM REPLY TO NEW MATTER COMES NOW, the plaintiff Carrol A. Hench, by and through her attorney, Jennifer P. Wilson, Esq. and provides replies to defendant's new matters as follows: 34-36. These paragraphs of Defendant's New Matter set forth conclusions of law as opposed to statements of fact. For this reason, no response is required. In the alternative, to the extent that these paragraphs are deemed to contain facts to which a responsive pleading is required, those allegations of fact are denied. 37-38. These paragraphs of Defendant's New Matter set forth conclusions of law as opposed to statements of fact. For this reason, no response is required. 39-40. These paragraphs of Defendant's New Matter set forth conclusions of law as opposed to statements of fact. For this reason, no response is required. In the alternative, to the extent that these paragraphs are deemed to contain facts to which a responsive pleading is required, those allegations of fact are denied. 1 41. This paragraph of Defendant's New Matter sets forth conclusions of law as opposed to statements of fact. For this reason, no response is required. In the alternative, to the extent that this paragraph is deemed to contain facts to which a responsive pleading is required, Plaintiff states that she lacks knowledge or information sufficient to admit or deny the truth of the matter asserted. 42-45. These paragraphs of Defendant's New Matter set forth conclusions of law as opposed to statements of fact. For this reason, no response is required. In the alternative, to the extent that these paragraphs are deemed to contain facts to which a responsive pleading is required, those allegations of fact are denied. 46. This paragraph of Defendant's New Matter sets forth conclusions of law as opposed to statements of fact. For this reason, no response is required. In the alternative, to the extent that this paragraph is deemed to contain facts to which a responsive pleading is required, Plaintiff states that she lacks knowledge or information sufficient to admit or deny the truth of the matter asserted. 47. This paragraph of Defendant's New Matter sets forth conclusions of law as opposed to statements of fact. For this reason, no response is required. 2 48-49. These paragraphs of Defendant's New Matter set forth conclusions of law as opposed to statements of fact. For this reason, no response is required. In the alternative, to the extent that these paragraphs are deemed to contain facts to which a responsive pleading is required, those allegations of fact are denied. WHEREFORE, plaintiff respectfully demands judgment in plaintiff s favor and against the defendant in the amount of $25,000.00, exclusive of costs and damages for delay, which amount does not exceed the arbitration limit for Cumberland County, and for such other relief as the court may deem appropriate. May 4, 2012 tted? Je fifer P. Wh-56n, Esquire S reme Court ID No. 209893 P LPOTT WILSON LLP 227 N. High Street, P.O. Box 116 Duncannon, PA 17020 717-834-3087 Attorney for Plaintiff 3 I verify that the statements made in the foregoing documents are true and correct to my personal knowledge, information, understanding, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Carrol Hench CARROL A. HENCH, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNT I ":' NO: 11-3848 VS. HOLY SPIRIT HOSPITAL, CIVIL TERM _ Defendant ' v 'Z C! C- m.. CERTIFICATE OF SERVICE I hereby certify that on this day o , 20,/,2,, I have r served the Request for Production of Documents and't Notice of First Set of Interrogatories on the person(s) listed below via U.S. First Class Regular Mail, postage prepaid and addressed to: Thomas M. Chairs, Esq. Dickie, McCamey & Chilcote, P.C. Plaza 21, Suite 302 425 North 2151 Street Camp Hill, PA 17011 P. Wilson, Esquire ,TT WILSON LLP X27 N. High Street, P.O. Box 116 Duncannon, PA 17020 (717) 834-3087 - phone (717) 834-5437 - fax Attorney for Plaintiff