HomeMy WebLinkAbout12-5572 ~v
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Hubert X. Gilroy, Esquire ~ ~
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER =~c
MARTSON LAW OFFICES °
I.D. 29943 z•-~~
10 East High Street ~ ~ ~ ~a
Carlisle, PA 17013
(717) 243-3341 ~
IN RE: POLICE INVESTIGATIVE IN THE COURT OF COMMON PLEAS OF
REPORT RELATING TO INCIDENT COUNTY, PENNSYLVANIA
ON JULY 3, 2012 INVOLVING
ISAIAH BAUGH AT THE BROOKSIDE NO. 2012- S-S7~ ~ti?' ~
COUNTRY CLUB IN MACUNGIE, INEQUITY
PENNSYLVANIA
PETITION IN EQUITY
1. Petitioner, Hubert X. Gilroy, Esquire, of Martson Law Offices, 1.0 East High Street
Carlisle, Pennsylvania, is a member of the Bar of the Commonwealth of Pennsylvania, having been
admitted in 1979.
2. Petitioner is associated with the firm of Shulman, Rogers, Gandal, Pordy & Ecker,
P.A. 12505 Park Potomac Avenue, 6th Floor, Potomac, Maryland (Shulman Rogers) in connection
with Shulman Rogers representation of Isaiah Baugh who was seriously injured in a swimming
incident at the Brookside Country Club in Macungie, Pennsylvania on July 3, 2012.
3. Mr. Baugh sustained severe Hypoxic injury and has been in a comatose state since
the accident and is currently in Lehigh Valley Hospital in Allentown, PA.
4. Shulman Rogers and the Petitioner have learned that the Pennsylvania State Police
have investigated this accident and have issued a Report number M051414264.
5. Despite requests, the Pennsylvania State Police have indicated that they will not
provide Shulman Rogers with a copy of the police report for this investigation absent the issuance
of a Court Subpoena.
6. Petitioner desires to issue a Subpoena to the Pennsylvania State Police in order to
obtain these records, and a court caption is necessary for the issuance of such a Subpoena.
7. An independent action in Equity is available for purposes of issuing a Subpoena duces
tecum (see Leonard v. Letrobe Area Hospital , 549 A.2d 997, 379 Pa. Super 243(Super.1988)) and
the comment under Pennsylvania Rule of Civil Procedure 4009.21(A) which Rule involves
procedures for Subpoena upon a person not a party.
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8. After issuance of a Subpoena in this matter, the Pennsylvania State Police may, if it
deems appropriate, file the appropriate objections if the agency feels there is any valid basis to not
produce the requested information.
9. It is necessary to obtain the requested information as the victim in this matter, Isaiah
Baugh, has suffered such severe disabling injuries that he is unable to communicate with his family
or counsel in connection with the circumstances of the incident and an independent investigation by
Shulman Rogers has failed to produce any information with respect to how this swimming accident
took place.
10. Petitioner believes that the issuance of a Subpoena and the production of the
Investigative Report will serve the interest of justice and all interested parties in that it may avoid
unnecessary litigation if it is determined that the Investigative Report does not suggest liability on
behalf of any party, and it would also avoid unnecessary litigation with respect to the potential of
filing a lawsuit against the property owner where the incident took place simply to proceed at that
point with issuance of such a Subpoena for further investigation.
WHEREFORE, Petitioner requests that this Petition be docketed after which Petitioner may
proceed with issuance of a Subpoena in this matter as outlined above.
Respectfully Submitted,
B
Hubert X. ilroy, Esquire
MARTS LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: September ~ , 2012