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HomeMy WebLinkAbout04-6241IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CL1- ?y( CrvLL T;J l Civil Action - Law PAULA A. HARVEY 166 Hickory Road Dillsburg, PA 17019 versus TERRY HARVEY 166 Hickory Road Dillsburg, PA 17019 KATHLEEN E. ELLIS 18 Sycamore Drive Mechanicsburg, PA 17055 KEE MEDICAL SERVICES, INC. 809 Boiling Springs Road Mechanicsburg, PA 17055 Defendants PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue writ of summons in the above-captioned action. David B. Dowling, Esquire Rhoads & Sinon LLP P.O. Box 1146 Harrisburg, PA 17108 (717) 233-5731 Date: ! U I O _ _? gnature of Attorne Supreme Court ID No. 25452 WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS: YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFFS HAVE C OMMFNCFT) AN ACTION AGATN4T VOTT Date: -)14:-r 1? ono y Prothonotary Deputy 542748.1 0 CASE NO: 2004-06241 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARVEY PAULA A ET AL VS ELLIS KATHLEEN E ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS ELLIS KATHLEEN E was served upon the DEFENDANT , at 1745:00 HOURS, on the 20th day of December-, 2004 at 18 SYCAMORE DRIVE MECHANICSBURG, PA 17055 KATHLEEN E ELLIS a true and attested copy of WRIT OF SUMMONS by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.66 Affidavit .00 Surcharge 10.00 00 34.66 So Answers: R. Thomas Kline 12/22/2004 RHOADS & SINON Sworn and Subscribed to before rL me this /6 - day of ;2 r2 ; A.D. By: De uty Sher rothonotary" CASE NO: 2004-06241 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HARVEY PAULA A ET AL VS ELLIS KATHLEEN E ET AL BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon KEE MEDICAL SERVICES INC the DEFENDANT , at 1727:00 HOURS, on the 21st day of December-, 2004 at 809 BOILING SPRINGS ROAD MECHANICSBURG, PA 17055 by handing to RICK ELLIS, OWNER OF COMPANY a true and attested copy of WRIT OF SUMMONS together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 5.92 Affidavit .00 Surcharge 10.00 nn So Answers: f R. Thomas Kline 12/22/2004 RunAnS & SINON Sworn and Subscribed to before me this 14 ` day of A.D. LL. (. " /14?fP,- 2,6a By: Deputy S i rothonotary PAULA A. HARVEY and TERRY HARVEY, wife and husband Plaintiffs v. KATHLEEN E. ELLIS, and KEE MEDICAL SERVICES, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 04-06241 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 Plaintiffs. 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 (800) 990-9108 David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs PAULA A. HARVEY and TERRY HARVEY, wife and husband Plaintiffs V. KATHLEEN E. ELLIS, and KEE MEDICAL SERVICES, INC. Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 04-06241 JURY TRIAL DEMANDED COMPLAINT NOW COMES, Plaintiffs, Paula Harvey and Terry R. Harvey, by their attorneys, Rhoads & Sinon LLP, and hereby files the within Complaint, as follows: PARTIES 1. Plaintiffs, Paula Harvey and Terry R. Harvey, are wife and husband and adult individuals who reside at 166 Hickory Road, Dillsburg, York County, Pennsylvania 17019. 2. Defendant, Kee Medical Services, Inc. ("KMS"), is a Pennsylvania corporation with a business address of 809 Boiling Springs Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant, Kathleen E. Ellis ("Ellis"), is an adult individual residing at 18 Sycamore Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. -1- 563075.1 FACTUAL BACKGROUND 4. On Monday, December 16, 2002, at approximately 5:15 p.m., Plaintiff Paula Harvey was lawfully and carefully operating her automobile, proceeding southbound on South Market Street, at or near its intersection with W. Winding Hill Road in Upper Allen Township, Cumberland County, Pennsylvania. 5. At the same time and place, Defendant Ellis, was operating a motor vehicle owned by Defendant KMS. 6. Defendant Ellis was proceeding in a northerly direction along South Market Street and attempted to make a left turn onto westbound West Winding Hill Road, without warning or signal, she operated her motor vehicle so recklessly, negligently and carelessly as to cause same to collide with Plaintiff's vehicle, violently and with great force. 7. As a direct and proximate cause of the aforesaid collision, Mrs. Harvey suffered physical and personal injuries, as set forth herein, despite having her seatbelt fully engaged, as well as property damage to her vehicle. 8. Defendant Ellis was cited by the Upper Allen Township Police Department for "Vehicle turning Left" in violation of 75 Pa. C.S.A §3322. COUNTI PAULA HARVEY V. KATHLEEN E. ELLIS (NEGLIGENCE) 9. The averments of paragraphs 1 through 8 are incorporated herein as if fully set forth. -2- 10. As a direct and proximate result of the aforesaid collision, Mrs. Harvey suffered physical and personal injuries, as well as economic loss and an impairment of earning capacity, all caused by the negligence, carelessness and recklessness of Defendant Ellis as set forth below. 11. The negligence, carelessness and recklessness of Defendant Ellis consisted of the following acts and omissions which are to be read in conjunction with paragraphs 4 through 11: a. failing to observe the condition of traffic then and there existing; b. violating 75 Pa. C.S.A. §3322, vehicle turning left; C. operating a motor vehicle in a reckless manner in violation of 75 Pa. C.S.A. §3736(a); d. failing to keep her vehicle under proper and adequate control such that she could stop before striking the Plaintiffs vehicle; C. failing to drive in such a manner that her vehicle could safely make a left turn through an intersection; f. failing to keep alert and maintain a proper lookout for the presence of other motor vehicles on the streets and roadways; g. failing to drive in such a manner that her vehicle could be brought to a stop immediately at the first sign of danger; h. failing to keep a proper lookout ahead; i. operating her vehicle at a high, dangerous and reckless speed under the circumstances; j. continuing to operate her vehicle in a direction towards the Plaintiffs vehicle when Defendant saw or in the exercise of reasonable diligence should have seen the further operation in that direction would result in a collision; k. failing to drive around Plaintiff s vehicle instead of colliding with it; and 1. violating the Assured Clear Distance Rule. -3- 12. As a direct and proximate result of the conduct of Defendant Ellis, Mrs. Harvey suffered and continues to suffer painful injuries including the following: a. Traumatic chondromalacia of the patella; b. Contusion, left anterior knee; C. Chronic left hip pain; d. Exacerbation of low back pain; C. Symphysis pain when changing from a sitting to a standing position; f. Degenerative joint disease of left hip anteriorly with extensive subchondral cystic change in anterior aspect of left acetabulum breaking through the anterior cortex; g. inability to walk pain free; and h. continual pain which is aggravated by ordinary activities of daily living, including her usual occupation. 13. As a direct and proximate result of the injuries sustained, Mrs. Harvey has been required to restrict her normal work, thereby suffering damages for lost income, lost future income and lost benefits. 14. As a direct and proximate result of the injuries sustained, Mrs. Harvey has been unable to enjoy the usual activities of life of an individual her age, and has suffered a loss of enjoyment of life, loss of happiness, pain and suffering. 15. As a direct and proximate result of the injuries sustained, Mrs. Harvey will continue to suffer pain and discomfort, medical, wage, economic and other expenses, all to her great detriment and loss. In addition, Mrs. Harvey claims all damages recoverable pursuant to Pennsylvania law. -4- WHEREFORE, Plaintiff, Paula Harvey, demands judgment against Defendant, Kathleen E. Ellis, in an amount which exceeds the jurisdictional amount requiring arbitration pursuant to Pa. R.Civ.P. 1021(c), together with interest, costs, delay damages and all other damages allowed by law. COUNT II PAULA HARVEY V. KEE MEDICAL SERVICES, INC. (RESPONDEAT SUPERIOR) 16. The averments of paragraphs 1 through 15 are incorporated herein by reference. 17. At all relevant times, Defendant Ellis was the employee of Defendant KMS, and was operating within the scope and course of her employment at the time of the accident described herein. 18. Defendant KMS, as the employer of Defendant Ellis, is vicariously liable for the acts of its employee as set forth herein, which occurred during the course and scope of her employment. Accordingly, a claim is made against Defendant KMS pursuant to the principles of respondeat superior. WHEREFORE, Plaintiff, Paula Harvey, demands judgment against Defendant, Kee Medical Services, Inc., in an amount which exceeds the jurisdictional amount requiring arbitration pursuant to Pa. R.Civ.P. 1021(c), together with interest, costs, delay damages and all other damages allowed by law. -5- COUNT III TERRY HARVEY V. KEE MEDICAL SERVICES, INC. and KATHLEEN E. ELLIS (LOSS OF CONSORTIUM) 19. The averments of paragraphs 1 through 18 are incorporated herein as if fully set forth. 20. As a direct and proximate result of the above-described occurrences, Mr. Harvey has been deprived of the assistance, society and companionship of Mrs. Harvey, all of which has been to his great detriment and financial and emotional loss. WHEREFORE, Plaintiff, Terry Harvey, demands judgment against Defendants, Kee Medical Services, Inc. and Kathleen E. Ellis, in an amount which exceeds the jurisdictional amount requiring arbitration pursuant to Pa. R.Civ.P. 1021(c), together with interest, costs, delay damages and all other damages allowed by law. RHOADS & SINON LLP C ? By: David B. Dowling One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs -6- nNAVICpoiti? CONTRAC FAX 05%lAl05 nivt"ial3. 1 . (i' ,5416.3 VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff herein. The attached Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of my lawsuit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and, to the extent that the Complaint is based on information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief, To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unworn falsification to authorities. Dated: 'j- / 9- 0104 [goo 'W u,, _NAVICP M CONTRAC o5'18i05 THTi_19_49_F+-% 7176054169 .- VERIFICATION I hereby affirm that the following facts are correct: I am the Plaintiff herein. The attached Complaint is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of my lawsuit. The language of the Complaint is that of counsel and not of me. I have read the Complaint and, to the extent that the Complaint is based on information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. I hereby acknowledge that the facts art forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. q TERRY VEY Dated: C? WJ Uiz CERTIFICATE OF SERVICE I hereby certify that on thisoZd SA day of OOOjjj???V 2005, a true and correct copy of the foregoing "Complaint" was served by means of United States mail, first class, postage prepaid, upon the following: Kee Medical Services, Inc. 809 Boiling Springs Road Mechanicsburg, PA 17055 Kathleen E. Ellis 18 Sycamore Drive Mechanicsburg, PA 17055 ??, ..pfd thia L. Zucaro ?' ? Tl ,_{ F• G% LC: Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com PAULA A. HARVEY and TERRY HARVEY, wife and husband, Plaintiffs V. KATHLEEN E. ELLIS and KEE MEDICAL SERVICES, INC., Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-06241 CIVIL ACTION - LAW JURY TRIAL DEMANDED APPEARANCE AND NOW, this 14"' day of June, 2005, enter the appearance of C. ROY WEIDNER, JR., I.D. 19530, on behalf of Defendants Kathleen E. Ellis and Kee Medical Services, Inc. in the above captioned suit. JOHNSON, DUFFIE, :252847 / Rov Weidner. Jr. a{ y CERTIFICATE OF SERVICE AND NOW, this L111 day of June, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: David B. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART & WEIDNER Elizabeth L. Ziegl r r? ? o - ?., cn (-' ..-?{{ ;L `?- m i iT i__ i _? Z `?? ? T' ` -- . - r.> .? `r G? David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs PAULA A. HARVEY and TERRY HARVEY, wife and husband Plaintiffs V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 04-06241 KATHLEEN E. ELLIS, and KEE MEDICAL SERVICES, INC. Defendants JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO DEFENDANTS' NEW MATTER NOW COMES Plaintiffs Paula A. Harvey and Terry Harvey through their attorneys, Rhoads & Sinon, LLP, and file the within Plaintiffs' Reply to Defendants' New Matter to Plaintiffs' Complaint, as follows: 20. The averments of paragraphs 1 through 20 are incorporated herein by reference. 21. The allegation plead by the defense as New Matter in paragraph 21 constitute conclusions of law to which no response is required. hi the event and to the extent the allegation is deemed not to be a conclusion of law, it is specifically denied. Strict proof is demanded at time of trial. 572541.1 WHEREFORE, Plaintiffs Paula A. Harvey and Terry Harvey respectfully request that Defendants' New Matter to Plaintiffs' Compliant be dismissed and judgment be entered in Plaintiffs' favor. RHOADS & SINON LLP BY avid B. Dowling, Esquire One South Market Square P. O. Box 1.146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs Dated: July 25, 2005 -2- VERIFICATION David B. Dowling states, subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities, that he is the attorney for the Plaintiffs, and that he makes this verification by its authority and that the facts set forth in the foregoing Plaintiffs' Reply to Defendants' New Matter to Plaintiffs' Complaint contained herein are, to the best of his knowledge, true and accurate. B. Dowling 238056.1 CERTIFICATE OF SERVICE I hereby certify that on July 2$, 2005, a true and correct copy of "Plaintiffs' Reply to Defendants' New Matter" was served by means of United States mail, first class, postage prepaid, upon the following: C. Roy Weidner, Jr., Esquire Law Offices Johnson Duffie 301 Market Street, P.O. Box 109 Lemoyne, PA 17043-0109 thia L. ZucarD ?? r, C) "{ ._? (._ ? : f i . . i _.: - _ ^, C?? ? ? i'? ` -,? J ? SI ",- Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com PAULA A. HARVEY and TERRY HARVEY, wife and husband Plaintiffs V. Attorneys for Defendants IN THE: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-06241 KATHLEEN E. ELLIS and CIVIL ACTION - LAW KEE MEDICAL SERVICES, INC., JURY TRIAL DEMANDED Defendants CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least 20 days prior to the date on which the subpoenas were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, are attached to this certificate; 3) No objection to the subpoenas has been received; and 4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. JOHNSON, DUFFIIE, STEWART & WEIDNER By: oy Weidner, Jr. Attorney I.D. No. 19530 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone 1;717) 761-4540 Attorneys for Defendants DATE: Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com PAULA A. HARVEY and TERRY HARVEY, wife and husband, Plaintiffs V. Attorneys for Defendants IN THE: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-06241 KATHLEEN E. ELLIS and CIVIL ACTION - LAW KEE MEDICAL SERVICES, INC., JURY TRIAL DEMANDED Defendants NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Paula A. Harvey and Terry Harvey, Plaintiffs c/o David B. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the ones attached to this notice. You have 20 days from the date: listed below in which to file on record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & b181?1E? i? By: C. Roy Weidner, Jr. Attorney I.D. No. 19530 301 Market Street DATE: 71 / S P.O. Box 109 Lemoyne, P'A 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PAULA A. HARVEY and TERRY HARVEY, wife and husband, Plaintiff Vs. KATHLEEN E. ELLIS and KEE MEDICAL SERVICES, INC., Defendants File No. 04-06241 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Bowmansdale Family Practice 1 Kacey Court, Suite 101, Mechanicsbure PA 17055 (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: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Paula Harvey; D.O.B.: 11/15/1951; Social Security No.: 169-44-4383. at C Roy Weidner Jr Johnson Duffle Stewart & Weidner. 301 Market Street, Lemoyne. PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: C Roy Weidner. Jr., Johnson. Duffle, Stewart & Weidner. P .C. ADDRESS TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: DATE: 301 Market Street Lemoyne. PA 17403 (717) 761-4540 Defendants By the Court: Prothonotary Seal of the Court Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PAULA A. HARVEY and TERRY HARVEY, wife and husband, Plaintiff VS. KATHLEEN E. ELLIS and KEE MEDICAL SERVICES, INC., Defendants File No. 04-06241 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Becker Chiropractic 501 Market Street. Lemoyne. PA 17043 (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: Copies of all medical records, medical reports, office notes, physical therapy records, correspondence, x-ray reports, MRI reports, hospital records, test reports and any other records pertaining to any evaluation, care or treatment rendered to Paula Harvey; D.O.B.: 11/15/1951; Social Security No.: 16944-4383. at C Roy Weidner Jr. Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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 FERSON. NAME: C Roy Weidner. Jr., Johnson, Duffle. Stewart & Weidner. P.C. ADDRESS: 301 Market Street Lemoyne. PA 17403 TELEPHONE: (717) 761-4540 SUPREME COURT ID # ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy CERTIFICATE OF SERVICE AND NOW, thiso?01 day of 2005, the undersigned does hereby certify that she did this date serve a copy o 4e foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: David B. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE:, STE WART By: CERTIFICATE OF SERVICE AND NOW, this -3?' day of AARW? , 2005, the undersigned does hereby certify that she did this date serve a copy the foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: David B. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART & WEIDNER By: CD 142- EI beth L. Zie . CQ- ? . ( r,, ,._? r -q =? T C7 :??-, ?' C. N v -G N Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com PAULA A. HARVEY and TERRY HARVEY, wife and husband, Plaintiffs V. KATHLEEN E. ELLIS and KEE MEDICAL SERVICES, INC. Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-06241 CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS PURSUANT TO RULE 4009.22 As a prerequisite to service of subpoenas for documents and things pursuant to Rule 4009.22, Defendant hereby certifies that: 1) A Notice of Intent to serve the subpoenas, with a copy of the subpoenas attached thereto, was mailed or delivered to each party at least 20 days prior to the date on which the subpoenas were sought to be served; 2) A copy of the Notice of Intent, including the proposed subpoenas, are attached to this certificate; 3) No objection to the subpoenas has been received and a copy of the waiver of the 20-day objection period is attached; and 4) The subpoenas to be served are identical to the subpoenas attached to the Notice of Intent. JOHNSON, DUFFIE, STEWART & WEIDNER By: Roy Weidner, Jr. Attorney I.D. No. 19530 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 DATE: Attorneys for Defendants Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com PAULA A. HARVEY and TERRY HARVEY, wife and husband, Plaintiffs V. KATHLEEN E. ELLIS and KEE MEDICAL SERVICES, INC. Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-06241 CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENAS TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Paula A. Harvey and Terry Harvey, Plaintiffs c/o David B. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 PLEASE TAKE NOTICE that Defendants intend to serve subpoenas identical to the ones attached to this notice. You have 20 days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoenas. If no objection is made, the subpoenas may be served. JOHNSON, DUFFIE, STEWART & WEIDNER By: boy eidner, Jr. Attorney I.D. No. 19530 301 Market Street DATE: ,? I ?-7 it (C' P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Defendants COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PAULA A. HARVEY and TERRY HARVEY wife and husband, Plaintiff vs. KATHLEEN E. ELLIS and KEE MEDICAL SERVICES, INC., Defendants File No. 04-06241 FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Heritage Diagnostic Center, 550 N. 12s Street, Lemoyne, PA 17043 (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: Copies of left knee x-ray film and report dated 12/30/2002 pertaining to Paula Harvey; D.O.B.: 11/15/1951; Social Security No.: 169-44-4383. at C. Roy Weidner, Jr., Johnson Duffle, Stewart & Weidner, 301 Market Street Lemoyne PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: C. Roy Weidner. Jr., Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PAULA A. HARVEY and TERRY HARVEY, wife and husband, Plaintiff vs. KATHLEEN E. ELLIS and KEE MEDICAL SERVICES, INC., Defendants File No. 04-06241 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Orthopedic Institute of Pennsylvania, 875 Poplar Church Road, Camp Hill, PA 17011 (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: Copies of bilateral knee x-ray film and report dated 07/17/2003 and left knee dated 08/22/2003 pertaining to Paula Harvey; D.O.B.: 11/15/1951; Social Security No.: 169-44-4383. at C. Roy Weidner, Jr., Johnson, Duffle, Stewart & Weidner, 301 Market Street, Lemoyne PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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) clays 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: C. Rov Weidner, Jr. Johnson, Duffle Stewart & Weidner, P C ADDRESS: 301 Market Street Lemoyne. PA 17403 TELEPHONE: SUPREME COURT ID # ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PAULA A. HARVEY and TERRY HARVEY wife and husband, Plaintiff vs. File No. 04-06241 KATHLEEN E. ELLIS and KEE MEDICAL SERVICES, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Tristan Associates 4349 Carlisle Pike Camp Hill, PA 17011 (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: Copies of left knee MRI film and report dated 08/25/2003 pertaining to Paula Harvey; D.O.B.: 11/15/1951; Social Security No.: 169-44-4383. at C Roy Weidner Jr Johnson Duffle Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting 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 ad vane, 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: C Roy Weidner. Jr, Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne, PA 17403 TELEPHONE: (717) 761-4540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PAULA A. HARVEY and TERRY HARVEY wife and husband, Plaintiff vs. File No. 04-06241 KATHLEEN E. ELLIS and KEE MEDICAL SERVICES, INC., Defendants SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Tristan Associates, 4518 Union Deposit Road, Harrisbure, PA 17111 (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: Copies of Lower Extremity MRI film and report dated 03/23/2004, Lower Extremity CT film and report dated 04/01/2004 and Left Lower Extremity US Duplex EXT Veins film and report dated 09/21/2004 pertaining to Paula Harvey; D.O.B.: 11/15/1951; Social Security No.: 169-44-4383. at C Rov Weidner Jr Johnson Duffie Stewart & Weidner, 301 Market Street, Lemoyne, PA 17043 (Address) You may deliver or mail legible copies of the documents or produce things requesting by this subpoena, together with the certificate of compliance, to the parry making this request at the address listed above. You have the right to seek, in ad vane, 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: C Roy Weidner Jr. Johnson, Duffle, Stewart & Weidner, P.C. ADDRESS: 301 Market Street Lemoyne PA 17403 TELEPHONE: (717) 7614540 SUPREME COURT ID # 19530 ATTORNEY FOR: Defendants By the Court: DATE: Seal of the Court Prothonotary Deputy CERTIFICATE OF SERVICE AND NOW, this a77?J-day of z r 2006, the undersigned does hereby certify that she did this date serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: David B. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 By: Elizabeth L. Ziegler `- C JOHNSON, DUFFIE, STEWART & 7ER 03/09/06 THU 11:45 FAX 717 231 6637+ __RHOADS SINON LLP 'CJ C. 002 wor va Johnson, muffls, Stewart & Weidner By: C. Roy Weidner, Jr. I. D, No. 19530 301 MarketStreet P. O. Box 1D9 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crwQJdsw.com PAULA A. iHARVEY and TERRY HARVEY, wife and husband, Plaintiffs V. Attorneys for Defendants IN THE COURT OF COMMONMPLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-06241 KATHLEEN E. ELLIS and CIVIL ACTION - LAW KEE MEDICAL SERVICES, INC., JURY TRIAL DEMANDED Defendants WAIVER OF 20-DAY SUBPOENA OBJEC77ON PERIOD I, (David B. Dowling, Esquire, agree to waive the 20-day objection period for the notice of intent to subpoena the diagnostic records from Heritage Diagnostic Center, Orthopedicdnstitute of PA and Tristan Associates. Dater[ [ kc 6) CERTIFICATE OF SERVICE Of-h AND NOW, this [ day of 2006, the undersigned does hereby certify that she did this date serve a copy of the foregoing appearance upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: David B. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART & WEIDNER By: a , 0()Y ?- Eliza th L. Ziegler ?:. PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) PAULA A. HARVEY and TERRY HARVEY, w/h (Plaintiffs) (check one) ( X) Civil Action - Law ( ) Appeal from Arbitration (other) vs. KATHLEEN E. ELLIS and KEE MEDICAL SERVICES, INC. (Defendants) vs. The trial list will be called on 03-20-07 and Trials commence on 04-16-07 Pretrials will be held on 03-28-07 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214. 1.) No. 04-06241 Civil 2004 Indicate the attorney who will try case for the party who files this praecipe: David B. Dowling, Esquire, RHOADS & SINON LLP One South Market Square 12`h Floor Harrisburg PA Indicate trial counsel for other parties if known: C Roy Weidner Jr. Esquire Law Offices, Johnson Duffie, 501 Market Street P.O. Box 109, Lemoyne PA 17043-0109 (Attorney for Defendants) This case is ready for trial. Date: January 10, 2007 340864.1 Attorney For: Plaintiffs ? r? ? , ._ r?.. '-? ?°' "? T. _ ' .? ` . C? w- E €_.' -?- „("[7 ?,.'. ? ? 1 :.,,i? w=i ?,. N ?--- " C #6 PAULA A. HARVEY and IN THE COURT OF COMMON PLEAS OF TERRY HARVEY, wife and husband: CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. CIVIL ACTION - LAW KATHLEEN E. ELLIS and KEE MEDICAL SERVICES, INC., NO. 04-6241 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 28th day of March, 2007, before Edgar B. Bayley, Judge, present for the plaintiffs was David B. Dowling, Esquire, and for defendants, C. Roy Weidner, Jr., Esquire. This case involves an automobile accident on December 16, 2002, in which Paula Harvey seeks damages for personal injuries. Liability for the occurrence is admitted. The issues are causation and damages. All of plaintiff's medical expenses have been paid as a first party income loss benefit and will not be an issue at trial. There is a claim for wage loss in addition to general damages. The parties will agree before trial as to what portion, if any, of the lost wage claim will go to the jury. Estimated time of trial, one and a ha to two days. Edgar B yley, J avid B. Dowling, Esquire For Plaintiffs C. Roy Weidner, Jr., Esquire or Defendants prs J By the-Court . r-a C= 0 C=z) --n _ r-1 m CO ? ? s, ? lr - °y l V Johnson, Duffie, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com PAULA A. HARVEY and TERRY HARVEY, wife and husband, Plaintiffs V. KATHLEEN E. ELLIS and KEE MEDICAL SERVICES, INC., Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-06241 CIVIL ACTION - LAW JURY TRIAL DEMANDED CASE 6 - JUDGE OLER DEFENDANTS' MOTION IN LIMINE AND NOW, this day of April, 2007, come Defendants Kathleen E. Ellis and Kee Medical Services, Inc., through their undersigned attorneys, and file this Motion in Limine by stating as follows: 1. Plaintiff seeks damages for personal injuries arising from a motor vehicle accident which occurred on December 16, 2002. 2. Following the accident, Plaintiff was treated for left knee pain by multiple providers, including orthopedic professionals. 3. During her treatment for the injuries which Plaintiff alleges to have suffered as a result of the above referenced accident, Plaintiff was treated by Jessica Williams, M.D., a physician specializing in pain management with medical acupuncture. 4. On March 30, 2007, Dr. Williams presented for a videotape deposition taken by Plaintiffs' counsel for use at trial regarding the injuries allegedly sustained by Plaintiff. 5. The transcript of Dr. Williams' videotape deposition is filed concurrently herewith and incorporated by reference herein. 6. It is believed, and therefore averred, that Dr. Williams did not have the medical records of Plaintiff's other medical providers at the time she provided her December 5, 2005 report, (attached as Exhibit 2 to her deposition transcript) regarding Plaintiff's condition and prognosis. 7. At her videotape trial deposition, Dr. Williams attempted to "parrot" the medical records of other medical practitioners into the record, which is impermissible under Pa. R. E. 703. See also, Foster v. McKeesport Hospital, 394 A.2d 1031 (Pa. Super. 1978); Allen v. Kaplan, 653 A.2d 1249 (Pa. Super. 1995). 8. At the time of the videotape deposition for trial, Defendants objected to the "parroting" of medical records of other providers by Dr. Williams who were not available to the Defendants for cross examination. 9. Furthermore, Dr. Williams did not testify that the records which she "parroted" into the record were of the type typically relied upon by experts in the field of pain management with medical acupuncture in forming opinions or inferences upon the subject, nor did she testify that she relied on those records in forming her own opinion. 10. Dr. Williams did not testify that she brought her own expertise and judgment to bear on the records she received and which she "parroted" into the record. 11. Contrary to Pa. R.E. 705, Dr. Williams failed to testify regarding the basis for any diagnosis on her part that Plaintiff suffered from grade II to grade III chondromalacia that was causally related to the motor vehicle accident. 12. Dr. Williams also testified about Plaintiff's back and hip complaints and her treatment thereof, and then later testified that she could not causally relate any hip injury to the accident. 13. Testimony regarding Plaintiff's alleged back and hip complaints violate Pa. R.E. 403 because its risk of prejudice by confusing and misleading the jury outweighs any probative value in this case. WHEREFORE, Defendants Kathleen E. Ellis and Kee Medical Services, Inc. moves in limine: A. To preclude the testimony of Jessica Y. Williams, M.D. that violates Pa. R.E. 703 by repeating the medical diagnoses, conclusions and other information from the records of other medical professionals who were not available to the Defendants for cross examination into the record contained on pages 12-17, 19, 21, and 30-31 of her videotape deposition for trial. B. To preclude any opinion testimony of Jessica Y. Williams, M.D. that Plaintiff suffered grade II to grade III chondromalacia of the left patella related to the accident contained in pages16-18 and 24 of her videotape deposition for trial because she failed to set forth the factual basis for any such testimony as required by Pa. R. E. 705. C. To preclude the opinion testimony of Jessica Y. Williams, M.D. for violating Pa. R. E. 705 for failure to disclose the materials, records, facts and data upon which her opinions and conclusions were based. D. To preclude the opinion testimony of Jessica Y. Williams, M.D. regarding any injury to Plaintiff's hip or back, contained on pages 18, 20-21, 23-25, 28-29 and 31 of her videotape trial deposition which Dr. Williams has failed to causally relate to the accident. :295090 JOHNSON, DUFFLE, STEWART & WEIDNER B4RdoyyAe*:ier, Jr. Kelly U?Ionanno CERTIFICATE OF SERVICE V? AND NOW, this day of April, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing motion upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: David B. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART & WEIDNER By: Michelle H. Spangler :295090 22740-1933 .f David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs PAULA A. HARVEY and TERRY HARVEY, wife and husband Plaintiffs V. KATHLEEN E. ELLIS, and KEE MEDICAL SERVICES, INC. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 04-06241 Defendants JURY TRIAL DEMANDED PRAECIPE TO FILE DEPOSITION TRANSCRIPT TO THE PROTHONOTARY: Please file the attached certified transcripts of the depositions of: Jessica Williams, M.D. Kathleen E. Ellis Paula A. Harvey Terry Harvey All of which are relevant to this case. Respectfully Submitted, RHOADS ON LLP By- B. Dowling, Esq. One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs Dated: April 10, 2007 418608.1 i CERTIFICATE OF SERVICE I hereby certify that on this it"' day of April, 2006, a true and correct copy of the foregoing Praecipe to File Deposition Transcripts was served by means of United States mail, first class, postage prepaid, upon the following: C. Roy Weidner, Jr., Esquire Law Offices of Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Attorney for Defendants) C? ? n r t.µ? ?t N ar C.*-. K David B. Dowling, Esquire Attorney I.D. No. 25452 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs PAULA A. HARVEY and TERRY HARVEY, wife and husband IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. KATHLEEN E. ELLIS, and KEE MEDICAL SERVICES, INC Defendants CIVIL ACTION LAW NO. 04-06241 JURY TRIAL DEMANDED PRAECIPE TO FILE DEPOSITION TRANSCRIPT TO THE PROTHONOTARY: Please file the attached certified transcripts of the depositions of Jessica Williams, M.D. Kathleen E. Ellis Paula A. Harvey Terry Harvey All of which are relevant to this case. Respectfully Submitted, RHOADS ON LLP By elz B. Dowling, Esq. One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs Dated: April 10, 2007 418608.1 L ? CERTIFICATE OF SERVICE I hereby certify that on this J6' day of April, 2006, a true and correct copy of the foregoing Praecipe to File Deposition Transcripts was served by means of United States mail, first class, postage prepaid, upon the following: C. Roy Weidner, Jr., Esquire Law Offices of Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (Attorney for Defendants) r ft u IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAULA A. HARVEY AND TERRY HARVEY, WIFE AND HUSBAND,: PLAINTIFFS . VS NO. 04-06241 KATHLEEN E. ELLIS, AND KEE MEDICAL SERVICES, INC., DEFENDANTS VIDEO DEPOSITION OF: JESSICA WILLIAMS, M.D. TAKEN BY: PLAINTIFFS BEFORE: TORR PIZZILLO, VIDEO OPERATOR MELISSA FLINN, REPORTER NOTARY PUBLIC DATE: MARCH 30, 2007, 2:31 P.M. PLACE: INTEGRATIVE MEDICINE PHYSICIAN CENTER 899 SOUTH ARLINGTON AVENUE HARRISBURG, PENNSYLVANIA APPEARANCES: RHOADS & SINON LLP BY: DAVID B. DOWLING, ESQUIRE FOR - PLAINTIFFS LAW OFFICES OF JOHNSON DUFFIE BY: C. ROY WEIDNER, JR., ESQUIRE FOR - DEFENDANTS • GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 2 11 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TABLE OF CONTENTS WITNESS FOR PLAINTIFFS DIRECT CROSS REDIRECT Jessica Williams, M.D. 4,10 8(qual)26 30 EXHIBIT INDEX MAR Wi11 i.ams 1 Curriculum Vitae 3 2 December 5, 2005 Dr. Williams' Report 11 GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 3 L-A • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Jessica Williams, M.D. Curriculum Vitae marked as Williams Exhibit Number 1.) VIDEO OPERATOR: We are now on-camera. This is tape number 1. The camera operator is Torr Pizzillo and the court reporter is Melissa Flinn, both representing the firm of Geiger and Loria Reporting Service, main office located at 2408 Park Drive, Suite B, Harrisburg, Pennsylvania. The date today is March 30, year 2007, and the time is 2:32 p.m. We are assembled at 899 South Arlington Avenue, Harrisburg, Pennsylvania, for the purpose of taking the deposition of Jessica Williams, M.D. The deposition is being taken on behalf of the plaintiff in the matter of Paula A. Harvey, et al versus Kathleen Ellis, et al. Counsel will now introduce themselves and whom they represent. MR. DOWLING: David Dowling on behalf of the plaintiffs. MR. WEIDNER: Roy Weidner on behalf of the defendants. VIDEO OPERATOR: You may now swear in the witness. GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 4 • 0 L` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JESSICA WILLIAMS, M.D., called as a witness, being sworn, testified as follows: DIRECT EXAMINATION BY MR. DOWLING: Q Before we actually have you begin talking about your patient, Paula Harvey, we need to ask you some questions about your background and qualifications. To that end, before you is marked Exhibit Number 1, which I believe is a copy of your curriculum vitae; is that correct? A That's correct. Q Doctor, first of all, are you a medical physician? A Yes, I am. Q Do you have any specialties within the medical field? A I specialize in pain management -- pain is p-a-i-n -- I have some accent -- so pain management with medical acupuncture and in other modalities. Q Could you relate to us your education following medical school. A Well, I did a residency at Third GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 5 • C, 1 2 3 4 5 Teaching Hospital of Beijing Medical University in neurology. Q What is a residency? A Residency is teaching postgraduate training for doctors before they can practice independently. Q What was your residency in? A In neurology. Q What, briefly, is neurology? A That specialize in nerves, spine, in the brain, that area. Q After your residency in neurology, did you obtain a subsequent degree at Penn State University? A Yes, I did. I was a Ph.D. candidate in Hershey Medical Center as neuroscience and pharmacology major; however, I did not finish my Ph.D. I discontinued the program. I got a master in neuroscience and pharmacology. Q Did you then begin an internship in what's called internal medicine? A Yes, I did. I did three-year internship at York Hospital, Pennsylvania in internal medicine and then I took the board certification exam for internal medicine and be 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 6 • • 1 2 3 4 certified in internal medicine. Q So you are board certified in internal medicine? A That's correct. Q Could you describe just briefly the field of internal medicine. A Internal medicine is a specialty, take care adult patients with nonsurgical problems and their organ involve most, pretty much every aspect of human body, their problems and their conditions. Q After you became board certified in internal medicine, did you undertake additional training at UCLA School of Medicine? A Yes, I did. I started practice acupuncture while I was 17 in China; however, in Pennsylvania, it is requirement for physician, M.D.s to practice acupuncture to get certain amount of education before you're allowed to practice acupuncture by medical board of Pennsylvania. So I studied in UCLA for 300 hours of continued education in medical acupuncture to meet the requirement, so I am a registered physician acupuncturist in Pennsylvania. Q And Pennsylvania requires licensure for that? 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 7 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q And you are licensed? A Yes. Q Could you describe for us briefly your work experience. A After internal medical residency, I worked at Memorial Hospital for one-half years. Q Where is Memorial Hospital? A That's in York, Pennsylvania; and I then worked at medical director in Concentra Medical Center in Mechanicsburg, Pennsylvania; and then I started my own practice in 2001 specializing in pain management, p-a-i-n, mostly using acupuncture and other modalities to treat people with nonsurgical pain, which meaning the condition cannot be treated with surgery, many of them are result of injury. Q Is that primarily what your practice consists of today? A Yes, that's correct. Q Without, obviously, divulging names, what are the types of patients that you might treat? A Well, I treat patient with pain problem as regard to work-related injury, auto GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 8 • 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 accident-related injury, or any other sports injury or personal injury; or another chronic pain problem which patient is nonresponsive to conventional medicine for chronic joint pain, back, neck pain, or basically any type of pain chronic pain condition. Q Would some of your patients include physicians? A Yes. Q And was one of your patients beginning in the year 2004 Mrs. Paula Harvey? A Yes. MR. DOWLING: I would offer Dr. Williams as an expert. MR. WEIDNER: In what? MR. DOWLING: In the field of pain management and rehabilitative medicine. MR. WEIDNER: I have a few questions. CROSS-EXAMINATION AS TO QUALIFICATIONS BY MR. WEIDNER: Q Dr. Williams, you're not an orthopaedic surgeon; is that correct? A No, I'm not. GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 9 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q You've never operated on bones and joints, have you? A No. Q You've not studied orthopaedic medicine? A No. Q Orthopaedic medicine deals with treatment of the bones, joints; is that correct? A That's correct? Q Is the primary focus of your practice acupuncture? A Acupuncture and pain management. Q Do you treat things other than pain using acupuncture? A Yes, I do. Q Does this include digestive disorders? A That's correct, yes. Q Respiratory disorders? A Yes. Q Urinary, menstrual, gynecological and reproductive disorders? A Yes. Q Tension, stress, emotional conditions? A Yes, the major -- I'm sorry. Q Eye, ear, skin problems? GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 10 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Smoking cessation? A Yes. Q All of this with acupuncture? A That's correct. Q And you mentioned other modalities. What other modalities do you use in the practice of your specialty? A Trigger point injections and nerve blocks. Q You're certified in internal medicine; is that correct? A That's correct. Q You've not been certified in pain management by any board, have you? A No. MR. WEIDNER: I'll stipulate that she is an expert in pain management and acupuncture. DIRECT EXAMINATION (CONT'D) BY MR. DOWLING: Q Just a few follow-up questions. Doctor, are you also a board certified independent medical examiner? GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 11 M 1 2 3 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 22 23 24 25 • A Yes, that's correct. Q What does that mean? A That's a physician who perform exam on patient who had either injury or medical conditions, has been treated, and to see what status of their functional status is, to give opinion of their status. Q During defense counsel's question, you started to say the majority of your practice consists of what? A Majority of my patient are pain patient, chronic pain patient. Q Chronic pain patients? A Right, the patient that has been treated by conventional medicine such as orthopaedics, family physician, conventional pain medicine physician, has not responded, and that's majority of my patient population. Q Have you previously testified and given depositions before? A Yes. (Jessica Williams, M.D. 12/5/05 report marked as Williams Exhibit Number 2.) BY MR. DOWLING: Q Doctor, the second exhibit that you GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 12 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have before you is a written report that you authored in this case concerning Paula Harvey. A That's correct. Q Doctor, we're going to go through your report and some of the treatment records. I'm going to as k you -- and you'll be giving certain opinions -- and I would ask you if when you state those opini ons, whether or not they are to a reasonable degree of medical certainty; okay? A Uh-huh, yes. Q We will assume, unless you tell us otherwise, that those opinions are so stated. All right? A That's correct. Q When Mrs. Harvey came to see you, had she been to another physician or physicians first? A Yes. She was first seen by her family physician. Q Was that the Bowmansdale Family Practice? A That's correct. Q When was she seen by them? A She was seen by them on, I believe December 30, 2002. Q When she was seen by them, what was GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 13 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2? her issue or problem? A She was complaining, her -- she had a motor vehicle accident and complained of left knee pain. Q Do the records indicate that she was walking with a limp at that time? A Yes. Q What, at least at that time in December 30, 2002, which was about two weeks after the accident, what type of treatment was being prescribed for her by Bowmansdale Family Practice? MR. WEIDNER: I'm going to object. VIDEO OPERATOR: We are now going off-camera. The time is 2:44. MR. WEIDNER: I'm going to object to reading other practitioner's medical records into the record. MR. DOWLING: Okay. I will ask the physician if in the course of preparing for today's deposition that it's routine and customary for her to read and rely upon the reports and records of other physicians. MR. WEIDNER: I agree that she can read and rely on other physicians' reports; she can't parrot them into the record here today. She GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 14 ?,_I 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1s 2C 21 22 2' 24 21 can say she reviewed the records of XYZ practitioner and considered them in giving her opinions here today. MR. DOWLING: I think she can explain in summary fashion what those records indicate rather than simply saying I read the records. I think it would be kind of pointless to say I read them and not have her explain what she read. MR. WEIDNER: Okay. I have the objection. VIDEO OPERATOR: We are now back on-camera. The time is 2:45. BY MR. DOWLING: Q Doctor, why don't we -- she was seen by Bowmansdale Family Practice on December 30, 2002; is that correct? A That's correct. Q When was she next seen by Bowmansdale Family Practice for matters related to her left knee? A She was seen June 30, 2003. Q Generally, what was her condition at that time? A Again, she was complaining continued anterior left knee pain. GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 15 • ? 0 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 2] 24 2E Q Anterior left knee pain? A Anterior left knee pain. Q Is that the front of the knee? A Yeah, that's front of knee, following the motor ve hicle accident on December 16, 2002. Q Was -- strike that. Did the records indicate if the family practice referred her to an orthopaedic specialist? A Yes, they did. Q Did she, in fact, see orthopaedic specialists? A Yes. Q The group, I believe, is called OIP? A That's correct. Q What is the first reference, the first date she saw, I think it was a Dr. Litton? A Yes. Q For OIP? A That was July 17, 2003. Q Do you know if Dr. Litton prescribed any treatment for her? A Yes, she was given Bextra, 20 milligram each day; she was told to follow-up in six weeks. Q Did she indeed go back to the same GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 16 1 2 3 4 5 • group, but see a different orthopaedic surgeon, I believe it was on August 22nd? A Yes. Q Doctor, there's reference in the orthopaedic records, and I think you'll testify about this, to a condition known as traumatic -- is it chondromalacia? A Yes, that's correct. Q Could you explain to us what that is. A Well, that basically is softening of the cartilage, or roughening of the cartilage between patella, which is the kneecap, and anterior surface of the femoral, which is the hip bone. I can show with this picture of the knee. Okay. Now, this is a picture of the knee with patella flip down. Patella is a kneecap, and there's a cartilage between the kneecap and the femoral, which is, we call the upper leg or the thigh. And chondromalacia is the cartilage between these two bone, become very soft, sometime have a lot of bubbles that the result is that the sliding between the two bone become very uneven, almost like grinding the surface of the bone, so causes pain with the knee of the patient. Q Are there different grades of 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 17 • ?• C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 chondromalacia? A Yes. There's a grade I, II, III, and to describing how severe they are, I believe my patient, Mrs. Harvey, was grade II to III. Q Do the records indicate that Mrs. Harvey went back to see Dr. Boal in September of 2003? A Yes. Q Do you know if the orthopaedic surgeons performed any injections? A Yes, I think that was on September 2, 2003, Dr. Boal give Mrs. Harvey a left knee steroid injection into her left knee. Q Is that a typical treatment that an orthopaedic physician might undertake? A Yes. Q The records that I think that you have and reviewed show that Mrs. Harvey went back to Dr. Boal on January 12th of 2004. A Yes, that's correct. Q And there's reference to a word, and I think this is in your report also, called crepitation. A Yes. Q Did you find crepitation also? GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 18 • I 1 2 3 4 A I believe so. Q What is crepitation? A Crepitation is the sound caused grinding between two surface of the bone. Q I believe that Mrs. Harvey saw the orthopaedic surgeon in February of 2004 and then she came to see you, I believe, for the first time on March 9, 2004. A Yes. Q So we're now about one year and three months after the accident. 5 6 7 8 9 10 11 12 A That's correct. Q Doctor, do you have your report in front of you? 13 14 15 16 17 18 19 2C 21 22 2-2 24 2C A Yes, I do. Q Could you explain to us by reviewing your report the history that you took from the patient and what her symptoms and complaints were. A Okay. Mrs. Harvey was seen in my office on March 9, 2004, with complaint of left hip pain, left knee pain as result of motor vehicle accident on December 16, 2002. Mrs. Harvey told me at that time she was restrained driver, driving approximately at 40 mile per hour when she was struck by another vehicle from the driver side when GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 19 r -I L-.A 1 2 3 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 22 23 24 25 • another vehicle made a sudden left turn, cut right in front of her vehicle. Her air bag did deploy. Her left knee hit the steering wheel. She was initially seen by her family physician; later seen by Dr. Litton and Dr. Boal. Q We've gone through -- A Yeah, we went through those. Q Okay. A Her left MRI from August 26, 2003, reviewed left knee joint effusion. Q What is joint effusion? A That's like a solution of water, fluid inside the knee, with small multiloculated Baker cyst and probable grade II to III chondromalacia of the patella. Mrs. Harvey was treated with antiinflammatory medication without any improvement. She continued to have constant aching pain involved area under her left knee patella; that's the knee cap. Initial interview, Mrs. Harvey describe her left knee pain as constant aching pain with intermittent worsening. The pain increased with walking, extending and activities. There was also a weather factor, GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 20 is • • 1 2 3 4 5 6 7 8 meaning on the cold or bad weather, she would feel worse. She graded her left knee pain as five out of ten on average and eight of ten as its worse on zero to ten maximum pain scale. She was taking regular Tylenol tablet, which is 325 milligram, each tablet, averaging eight tablet every 24 hours to maintain the pain to tolerable level. Mrs. Harvey also developed left hip pain soon after the motor vehicle accident on December 16, 2002. And she described her left hip pain as localized, left groin area. Q Left groin area? A Left groin area with feeling of bone- on-bone friction. She told me at that time her left hip pain was constant with intermittent worsening. It was aching and dull pain in nature. She grade them as three to five out of ten on average, and seven to eight out of ten as its 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 worse. Mrs. Harvey also had a history of low back pain for ten years and had been seeing her chiropractor. She told me on the first office visit that her low back pain was resolving prior to her motor vehicle accident; however, her low back 2- 24 2E GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 21 is • 1 2 3 4 5 pain was significantly worsened after the accident on December 16, 2002. Immediately after the accident, she was seen by her chiropractor two to three time a week due to exacerbation of her low back pain. She told me her low back pain did get improvement with her chiropractic treatment and the treatment has been cutting down to once a week to once every two to three weeks prior to come to my office. Mrs. Harvey also told me that her constant left hip pain and knee pain has significantly affect her daily activities. Mrs. Harvey told me that she did gain some weight since she stopped smoking years -- a year ago; otherwise, she has unremarkable past med history. She denied any history of left hip, left knee problem or injury prior to the auto accident in December of 2002. Q Doctor, just to stop you for a second, the records that you've looked at from her past, was there any indication that before the accident she had left knee pain? A No. Q Okay. Could you describe for us the course of treatment that you prescribed for her, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 2- 24 2? GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 22 • • • 1 2 3 4 5 6 7 8 telling us essentially when it began and when it ended. A Well, we started treatment on the day of the first visit, March 9, 2004. The treatment consisted of acupuncture. Let me explain a little bit about acupuncture. Acupuncture is treatment Chinese people have been using for more than two thousand years. We basically use the needle -- I can show you, and those are the needles, those are five needles and each needle are like that, okay. They're different size, different lengths and different sickness and those are the one we use for Mrs. Harvey. 9 10 11 12 13 14 15 16 17 18 19 20 I insert this needle to a certain point on her body and leave them there for certain period of time, on average about 30 minutes, and during that 30 minutes I may manipulate the needle intermittently. And then at 30 minutes, we take the needle out and that's usually one session of the acupuncture treatment. We also touch some electric stimulation to the needle to increase stimulation to the body through the acupuncture needle. That's basically is, what is about acupuncture. Q Doctor, during the time you were 21 22 2- 24 2C GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 23 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 treating her, did you also prescribe a course of physical therapy for her? A I did. Q Did that essentially begin March of '04 through September of '04? A Yes. Q Roughly, how many treatments did you undertake for her? A My treatment? Q Yes. A I didn't count exactly. Approximately... Q Well, how many a week, roughly? A Well, we did -- beginning we did two to three treatment a week and with her improvement, the treatment frequency was gradually taper off once a week, sometimes once every two weeks. Q At the end of your treatment, had she improved? A Yes, she made significant improvement with her left knee and hip pain; however, was not complete pain free. Q Your notes would indicate that the pain was resolving, but had not completely gone away? GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 24 ? J 1 2 3 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 22 2? 24 2E • A That's correct. Q Doctor, with respect to the left knee, do you have a prognosis for the condition of the knee and how long it will bother her? A Um, regarding to prognosis of left knee, she has grade II to III chondromalacia of the patella. The articular cartilage has limited capacity repair, so the condition will be most likely lifelong. She will have intermittent left knee pain flare-ups at times with increased pain and good days and bad days. Q Was this condition caused by the accident of December of '02? A Yes. Q When she was discharged from your care, did you tell her that she should continue doing any exercises or therapy at home? A Yes. Q Did you instruct her that she should basically continue the kind of exercises she was doing during physical therapy? A Yes. Q Doctor, there's a reference in your report to the left hip. A Yes. GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 25 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Now, in your review of the records, am I correct that there was not a complaint, at least voiced to a physician, of left hip pain until she saw you? A That's correct. Q So would I be correct that to a reasonable degree of medical certainty, you're not prepared to say the left hip pain definitively came from the accident? A No. Well, could be, but since review the records from another physician she saw prior to she came to my office, there was no -- she -- there's no indication she complained of left hip pain. So I'm not sure I can say that with certain medical -- I mean certain medical, degree of medical certainty that the left hip is due to the motor vehicle accident. Q You can say that, though, to a reasonable degree of medical certainty for the left knee? A Yes. Q Just one final question, Doctor: Do you believe whatever bills you prescribed or generated for this were reasonable? A Yes. GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 26 r-? U L.J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Do you believe your services were necessary? A Yes. Q In fact, if I'm correct, the pain, at least as described to you, improved over the course of your treatment? A Yes, that's correct. MR. DOWLING: You may cross. CROSS-EXAMINATION BY MR. WEIDNER: Q I believe your -- strike that. You testified about reviewing some records from other physicians; correct? A Yes. Q Where did you get those records? A I got from... Q Mr. Dowling? A Yes. Q When did you get them? A I got recently. Actually, some of them from yesterday, a carrier sent to me. Q So you did not have them at the time that you wrote your December 5, 2005, report; GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 27 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2.5 correct? A As far as I remember, no. Q So you didn't give them -- obviously, you couldn't consider them when writing your report? A That's correct. Q And the correct -- and the report essentially is what you read from today when you were giving your testimony; is that correct? A Repeat that question. Q When you testified today about your history with Mrs. Harvey and your opinions about her, you were essentially reading from your report; is that correct? A For the most part. Q You haven't seen her for approximately two and a half years, have you? A That's correct. Q You also treated her with Moxa; is that correct? A Yes. Q What is Moxa? A Moxa is, it's a part of acupuncture treatment, sometimes we use, is dry, is a variety of dry Chinese herb made into a material such like GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 28 i 1 2 3 4 5 6 7 8 9 10 11 12 i 13 14 15 16 17 18 19 20 21 22 23 24 2E • a cigar. And we light them up and hit certain point of, on patient's body, certain acupuncture point or hit the acupuncture needle on patient's body. Q So that's like a heat treatment? A Well, it's different because it is, the heat come from the herb. It's different from just the heating treatment. Q Let's look at your last office note, October 19, 2004. A Okay. (Indicating.) VIDEO OPERATOR: We are now going off-camera. The time is 3:05. MR. DOWLING: I have a copy. VIDEO OPERATOR: We are now back on-camera. The time is 3:05 BY MR. WEIDNER: Q Tell me if I'm reading this correctly. First of all, it's your handwriting on this note; is that correct? A That's correct. Q The patient reports she has been relatively well with her hip and knee overall over last three weeks after last treatment. She reports overall 90 percent improvement with her hip, GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 29 1 2 3 4 5 6 7 8 9 10 11 12 • 13 14 15 16 17 18 19 20 21 22 23 24 2E r, u knee -- and knee pain; is that correct? A Yes. Q That's your last visit with her, two and a half y ears ago? A Yes. Q As an addendum to that visit, you wrote on the following page -- and tell me if I'm reading this correctly -- addendum, The patient is very happy a nd thankful with the result of the treatment. In view of having significant improvement, she would like to confine -- A Continue -- Q -- continue home exercise program herself at h ome to further strengthening her left quadricep -- A Muscle. Q -- muscle. She feels that she may always have occasional achy pain of the hip, knee due to the arthritis. I agreed with her request and will discharge the patient; correct? A That's correct. Q And that's the last time you saw her? A Yes. Q Throughout your treatment of Mrs. Harvey, she made significant improvement GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 30 r? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 consistently, did she not? A Without looking at notes, some -- I do remember some patient have some setback occasionally, then go back to get bet -- continue better. Overall, the direction is continued improvement. Q Right. If you drew a line on the peaks -- A Right, absolutely. Q They'd be straight up; correct? A Yes. MR. WEIDNER: Thank you. That's all I have. REDIRECT EXAMINATION BY MR. DOWLING: Q Doctor, just a couple of questions. Have the opinions you expressed today with respect to the left knee, are they essentially the same opinions that you wrote about in your report that we've identified as Exhibit 2? A Yes. Q So reviewing the records of the other doctors, particularly Bowmansdale Family Practice GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 31 • L J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and the orthopaedic surgeon, didn't change or alter any opinions with respect to the left knee? A No. MR. DOWLING: Go off-camera one moment. VIDEO OPERATOR: We are now going off-camera. The time is 3:08. (Brief pause.) MR. DOWLING: We can go back on. VIDEO OPERATOR: We are now back on-camera. The time is 3:08. BY MR. DOWLING: Q Doctor, I understand that your testimony is that from the beginning of the treatment to the end, your patient improved and you said some patients have setbacks. A Yes. Q I'm looking at a note here of May 17, 2004. Would that be an example of Mrs. Harvey having a setback on that time? A Yes. Q What does that say, just briefly? A Patient reports some setback with her left hip, knee and pubic symphysis pain. Over the weekend, she noticed increased left knee and hip GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 32 0 • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 pain when changing from sitting to standing position. She denies any new injury or complaints, deny any problems with acupuncture. She state that the increased pain has been four to five out of ten when she turning position. Q When she's changing positions? A Meaning from sitting to standing. Q Why would that cause pain? A Um, well, when you have arthritis or traumatic arthritis or chondromalacia and the surface of the joint is not smooth, and when you changing the position and the surface grinding each either, that can increase the pain. MR. DOWLING: That's all I have. Do you want to see that note? MR. WEIDNER: Yes, please. MR. DOWLING: Okay. MR. WEIDNER: That's fine. No further questions. VIDEO OPERATOR: This deposition is now concluded. The time is 3:10. (The deposition was concluded at 3:10 p.m.) GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 33 1 2 3 4 5 6 7 8 9 STATE OF PENNSYLVANIA ss. COUNTY OF DAUPHIN I, Melissa Flinn, a Reporter-Notary Public authorized to administer oaths within and for the Commonwealth of Pennsylvania and take depositions in the trial of causes, do hereby certify that the foregoing is the testimony of JESSICA WILLIAMS, M. D. I further certify that before the taking of said deposition, the witness was duly sworn; that the questions and answers were taken down stenographically by the said reporter Melissa Flinn, a Reporter approved and agreed to, and afterwards reduced to typewriting under the direction of the said Reporter. I further certify that the proceedings and evidence contained fully and accurately in the notes by me on the within deposition, and that this copy is a correct transcript of the same. In testimony whereof, I have hereunto subscribed my hand this 4th day of April, 2007. Mel i ssa Flinn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is My commission expires: November 21, 2009 GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 PING WILLUMS, MD, MS, Cum (abbreviated CV) OCCUPATION: Board Ce ' d Internist specializing in Pain Management and Occ ational Medicine; Board Cc fled Independent- Medical Ezaminer ADDRESS: 1909 Christ pher Place, Harrisburg, PA. 17110 TELEPHONE: 717-540-8 94, FAIL: 717-540-9093, Email: drying@sprynet.com EDUCATION: 1986-1990: M.S.- Neurc fence/Pharmacology, 1990, Medical College of The Pennsyl nia. State University; Hershey, PA 17033 1995-1997: Residency Internal P10*e#nc at Yo'sis "l, York, PA 1994-1995: Internship . internal Medicine at Yorit'osp#.a), York, PA Apr.-Nov. 2001: Medical cupuacture fpr.Physiciansat UCLA School of Med. 1998-present: MPH pro m in Occupational Medicine Enrolled at a University of Wisconsin off-cam., pus program. 1978-1983: Medical De Oct 1983, Beijing Medical University, Beijing, P.R China 1983--:.986: Residency n Neurology at the Beijing Medical University CERTWICATIONS: Board Certified in Intern . Medicine (August 1995) oard Certified Indepen ttZt Medical FRaminer (November 2002) JMRO Certification (April 1998) EXPE VU ENCE: July 2001 - present: Prei .899801 July 1999 - June 2001: f Center, January 1998 - July 199' The Ind 1.994-1997: Internal Mod '.9911-1993: Research/Me 9r7-1990: Teaching ani The Pennsylvania Medical American Academy of The; American College of P The American College of O kznerican Society of Pain I ident, The Integrative Medicine Physician Center, P.C. nth llzli ,gton Ave., Hamburg, 'PA 1'7109 (main office). :finical Medical Director at CONCENTRA. Medical Harrisburg, PA area. 1: Staff Occupational 'Medicine Physician at istrial. Resource Center of Memorial Hospital, York, PA. lcine at York Hospital dical. Associate. In Pain Management/Neurology Research Assistant while at Pennsylvania State Univ. ;iety. (2001-present) dical Acupuncture (2001-present) icians / Society of Internal Medicine(1994-present) tpational and Environmental Medicine (1997-present) Lagement (1992-1994) The Integrative Medicine Physician Center, PC (717) 540-8594 Jessica Y. Williams, MD, MS, CIME P.O. Box 60762, Harrisburg, PA 17106 December 5, 2005 RE: Paula A. Harvey SS#: 169-44-4383 Claim No.: 010170653349 Date of Birth: November 15, 1951 Date of Injury : December 16, 2002 To Whom It May Concern: Ms. Harvey was seen in my office on March 9, 2004 with complaints of left hip pain and left knee pain as a result of a motor vehicle accident on December 16, 2002. Ms. Harvey stated that on December 16, 2002, she was a restrained driver, driving at approximately 40 miles per hour, when she was struck by another vehicle from the front driver's side when another vehicle made a sudden left turn and cut right in front of her vehicle. Her airbag did deploy. Her left knee hit the steering wheel. She was initially seen by her family physician and later was seen by Dr. Litton and Dr. Boal, both are orthopedic physicians. Her left knee MRI from August 26, 2003 revealed left knee joint effusion with a small multiloculated Baker's cyst and probable grade II to III chondromalacia of the patella. Ms. Harvey was treated with antiinflammatory medication without any improvement. She continued to have constant aching pain involving the area under her left knee patella. On initial interview, Ms. Harvey described her left knee pain as a constant aching pain with intermittent worsening. The pain increased with walking, standing, and activities. There was also a weather factor. She rated her left knee pain as 5110 on average and 8/10 at its worst on a 0- 10 maximum pain scale. She was taking regular Tylenol tablets 325 mg, averaging eight tablets every 24 hours to maintain the pain to a tolerable level. Ms. Harvey also developed left hip pain soon after the motor vehicle accident on December 16, 2002. She described her left hip pain as localized at left groin area, with feeling of bone-on-bone friction. She told me at that time that her left hip pain was constant with intermittent worsening. It was aching and dull pain in nature. She rated the pain as 3-5/10 on average and 7-8/10 at its worst on a 0-10 maximum pain scale. Ms. Harvey has a history of low back pain for 10 years and had been seeing her chiropractor. She told me on the first office visit that her low back pain was resolving prior to her motor vehicle accident. However, her low back pain was significantly worsened after the accident on December 16, 2002. Immediately after the accident she was seeing her chiropractor two to three times a week due to the exacerbation of her low back pain. Her low back pain did get improvement and her chiropractic treatment had been cut down to once every two to three weeks prior to coming to my office. Ms. Harvey also told me that her constant left hip pain and knee pain has significantly affected her daily activities. Ms. Harvey told me that she did gain some weight since she stopped smoking a year ago. Otherwise, she had an unremarkable past medical history. She denied any history of left hip and left knee problems or injury prior to the auto accident on December 2002. On the initial evaluation, Ms. Harvey weighted 240 pounds. She is 5 feet and 2 inches in height. Her hip examination revealed no deformity or atrophy. There was moderate-to-severe limited range of motion with internal and external left hip rotation. There was tenderness to palpation at the left side of the groin region. She had a positive Patrick test on the left and negative on the right. Her left knee revealed no deformity, edema, erythema, atrophy, or effusion. There was intermittent crepitus noted with range of motion of the left knee. Her left knee had full range of motion with good stability. She had a negative medial and lateral collateral ligament stress test. Her lumbar and sacral spine examination revealed decreased lumbar lordosis. She had moderate limited range of motion with flexion and extension of the lumbar spine. There was no tenderness or muscle spasms noted. Otherwise, the examination was unremarkable. Left hip CT on April 1, 2004 demonstrated findings most compatible with relatively severe degenerative joint disease of the left hip anteriorly with extensive subchondral cystic change in the anterior aspect of the left acetabulum, breaking through the anterior cortex. Ms. Harvey was treated in my office for her left hip and left knee injury from March 9, 2004 to October 19, 2004. She received medical acupuncture treatments an average of 2-3 times a week. She also received multiple injections and extensive physical therapy. All of the treatments mentioned above were for the injuries Ms. Harvey sustained during the motor vehicle accident on December 16, 2002. It is my professional opinion that the injuries of the left hip and left knee Ms. Harvey sustained are directly related to the motor vehicle accident on December 16, 2002. It is also my professional opinion that the treatments Ms. Harvey received and the cost associated with the treatments are reasonable and medically necessary. Prognosis: Left knee: Ms. Harvey's left knee sustained significant impact during the motor vehicle accident. MRI of her left knee demonstrated grade II-III chondromalacia of the patella. The articular cartilage has only very limited repair capacity. The lesions seen on the MRI nearly represent irreversible damage of the joint cartilage structure, eventually leading to osteoarthritis. Left hip: Ms. Harvey sustained significant left hip injury during the motor vehicle accident. Her left hip CT demonstrated severe degenerative joint disease with extensive subchondral cystic change in anterior aspect of the left acetabullum breaking through the anterior cortex. This is a condition that has no cure. It is most likely that the condition will gradually, although slowly progress. The joint probably continues to deteriorate, eventually leading to end-stage joint failure with intractable pain and/or limitation of daily activities despite medical management. Total left hip replacement may be required at that time. If you have any questions, please feel free to contact me at 717-540-8594. Sincerely yours, Jessica Y. Williams, MD, MS, CIME JYW/cpr/smu ORIGINAL PAULA A. HARVEY and : IN THE COURT OF COMMON PLEAS OF TERRY HARVEY, wife and : CUMBERLAND COUNTY, PENNSYLVANIA husband, PLAINTIFFS VS : CIVIL ACTION LAW : NO. 04-06241 KATHLEEN E. ELLIS and KEE MEDICAL SERVICES, INC.,: DEFENDANTS JURY TRIAL DEMANDED DEPOSITION OF: KATHLEEN E. ELLIS TAKEN BY: PLAINTIFFS BEFORE: JEAN M. DAVIS, REPORTER NOTARY PUBLIC DATE: SEPTEMBER 13, 2005, 10:03 A.M. PLACE: RHOADS & SINON, LLP ONE SOUTH MARKET SQUARE HARRISBURG, PENNSYLVANIA (APPEARANCES: RHOADS & SINON, LLP BY: DAVID B. DOWLING, ESQUIRE FOR - PLAINTIFFS LAW OFFICES OF JOHNSON DUFFIE BY: ROY WEIDNER, JR., ESQUIRE FOR - DEFENDANTS 4 jean Davis Reporting 668 Sweetbay Way • Hershey, PA 17033 (717) 503-6568 Fax (717) 312-1411 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I N D E X WITNESS NAME KATHLEEN E. ELLIS BY MR. DOWLING EXAMINATION 3 EXHIBITS ELLIS EXHIBIT NO. 1 - PHOTOGRAPHS 2 - PHOTOGRAPHS PRODUCED AND MARKED 17 27 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STIPULATION It is hereby stipulated by and between counsel for the respective parties that reading, signing, sealing, and certification are hereby waived and that all objections except as to the form of the question are reserved to the time of trial. KATHLEEN E. ELLIS, called as a witness, being duly sworn, testified as follows: EXAMINATION BY MR. DOWLING: Q Could you state your full name, please? A Kathleen Elizabeth Ellis. Q Is it Mrs. Ellis? A Yes. Q Mrs. Ellis, my name is David Dowling. I'm the attorney representing the Plaintiffs. And we're here this morning to take your deposition in a lawsuit that has been filed against you. A Okay. Q Have you ever given a deposition before? A No, I have not. Q Have you had an opportunity to discuss what a deposition is with your attorney? A Yes. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q You understand that you are under oath and I'm going to ask you questions, correct? A Correct. Q You are required to answer those questions truthfully to the best of your ability. A Right. Q And the important thing is you need to respond verbally to the questions. A Correct. Q And you need to do that because we are making a record of what occurs here. A I understand. Q At the end of the proceeding, there will be a record made. A Okay. Q If you want to, you have a right to look at that and review it and sign it. A Okay. Q We can talk about that later. A Okay. Q I don't anticipate your deposition being lengthy. But if you need to stop for a moment to take a break for some reason, please let me know. Okay? A Yes. Q It will be important that you listen very 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 carefully to the question and only answer the question I ask. A Okay. Q Because if you answer a question, we are going to assume that you understood and heard the question. Okay? A Yes. Q If for some reason my question to you is not clear, rather than answer the question, what I would like you to do is say, can you please repeat that or rephrase that question? A Okay. Q That way, at least we will get an answer that is responsive to my question. A I understand. Q You have, am I correct, with your attorney, provided certain answers to written questions in this case called interrogatories? A Correct. Q Do you have any reason to believe that any of those answers were incorrect in any way? A I have no reason to believe that. Q Your date of birth is 10/4/59? A Correct. Q And your social security number is 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 016-54-6713, correct? A Correct. Q And you live at 18 Sycamore Drive, Mechanicsburg, PA? A Correct. Q Who do you live there with? A My husband Richard, and we have one child still at home, Rachael. Q How many do you have altogether? A Three. Q Two out of the house? A Yes. Q Where are they? A One lives in Shiremanstown and one lives in Mechanicsburg. Q What is the date of your marriage? A I don't -- Q The year. A 1975. Q Is this your first marriage? A Yes. Q You indicate here in your answers to interrogatories, no postsecondary education, is that correct, no education after high school? A Aside from periodic college courses, no 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 degree otherwise. Q Where did you go to high school? A Merrimack Valley High School in New Hampshire. Q So you're from New Hampshire? A Yes. Q When did you move to Pennsylvania? A 1985, I believe. Q And what brought you to Pennsylvania? A My husband's job position at the time. Q Where was he working then? A At Briox Technologies. Q Tell me what Cottage Pleasures is. A Cottage Pleasures is a retail store that I opened just a little over three years ago. Q What does it sell? A Gifts, home furnishings, accessories, things like that. Q Is it a sole proprietorship? A No, it's not. Q Partnership? A It's a corporation of some type. Q Does the corporation have stock? A No. Q Are you the sole owner? 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I'm not certain. My accountant set up all the paperwork. I'm not certain if my husband is listed on there or not. Q Where is Cottage Pleasures located? A It's on Gettysburg Pike in Mechanicsburg. Q Give me a rough idea of the size of the store. A What do you mean by the size? Q Square feet. A The square footage? Q Yes. A Roughly 2,000 square feet. Q Do you have any employees? A I do. Q How many? A I have two employees. Q Do you work at the store every day? A No, not every day. Q Were you working the day of the accident? A I was working at the store briefly that day. Q What are your duties when you do work at the store? A It changes from day to day. One day I may be waiting on clients, customers. One day I might be changing displays, unpacking inventory, things like 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. Q How far is Cottage Pleasures from your home? A A few miles. I don't know the exact mileage. Q The day of the accident, what kind of car were you driving? A I was driving a Cadillac Deville that was approximately. eight or nine years old. Q 1994? A I don't remember things like that when it comes to vehicles. Q The records that we have been supplied with indicate that Kee Medical Services owned that vehicle; is that correct? A Correct. Q Could you explain how it was that you were driving a vehicle owned by Kee Medical Services? A Well, the business is my husband's. We occasionally share vehicles. From time to time I do do some various duties for Kee Medical. Sometimes I borrow the vehicles, drive the vehicles. All of that's been set up through our accounting systems. Q For example, do you have a vehicle that's titled in your name and/or your husband's name personally? A I don't know if I do at this time. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did you at the time of the accident? A I don't know if I did at the time of the accident. Q How many vehicles were in the household at the time of the accident? A Three that I'm certain of. I'm not certain if one of our children had a vehicle at home at that time. Q Let's see if we can cover them excluding your child's vehicle. You were driving a 1994 Cadillac owned by Kee Medical, correct? A Correct. Q What other vehicles were there in the household? A There are two other vans that are used, again, for business purposes mostly. Q Any other personal vehicles, sedans, other than the Cadillac? A No. Q What was your husband driving that day? A I couldn't tell you. Q Would it be safe to assume it was one of the vans? A I couldn't tell you. Q Well, what other vehicle could it have been? 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A I don't know. Q Do you know if he drove a vehicle at all that day? A I believe he drove a vehicle. Q We re the vans titled to Kee Medical also? A I do not know. Q Do you know if there were any vehicles titled in your nam e and/or your husband's name? A I believe I answered that before and said I don't know. Q Describe for me, to the best of your ability, what Kee Medical Services is. A It is a company that repairs and supplies parts for portable medical equipment. Q Such as? A Such as oxygen concentrators that people use in home care. Basically, it's a repair facility. Q And your husband is the owner of this business, correct? A Correct. Q Are you an officer in the business, if you know? A At this time I am not. Q Were you back at the time of the accident? A I'm not certain if I was or not. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q How do you know you're not now? A We just had some accounting done. And I know that's something that I checked on. I did not check to see if it was something that was in place at the time of the accident. Q You mentioned a moment ago that from time to time you would perform some services for Kee Medical; is that correct? A Correct. Q Give me some examples of what those services would be. A Marketing ideas, perhaps, meeting with my husband for marketing. Occasionally if I was needed to answer the phone, pay a bill, things like that. Q Did you ever receive a salary? A No. Q Does Kee Medical Services have an office, a business location? A Yes. Q Where is that? A It is at 809 Boiling Springs Road in Mechanicsburg- Q Did you have an office in that building? A There is one shared office that everyone uses. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And when you worked for Kee Medical, would you from time to time work out of that office? A Not usually, no. Q Where would your work be from? Would it be from the home? A Yes. Q Does Kee Medical Services have employees? A Yes, they do. Q About how many? A Three, I believe. I'm not certain. Q The day of this accident, am I correct that you were not working for Kee Medical Services? A That's correct. Q Do you recall the day of the accident? A I do. Q Do you know what day of the week it was? A I am not certain. I think it was a Friday, but I'm not certain. Q Do you know what the weather conditions were like? A Yes, it was cold but clear. Q Were there any adverse roadway conditions that you think contributed to the accident? A No. Q Were there any mechanical issues with your 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 car that you think may have contributed to the accident? A No. Q Did you have any health issues at the time that you believe may have contributed to the accident? A No. Q Do you wear glasses or contacts to drive? A No. Q Could you describe for me in as much detail as you can your events of that day? Take me from when you left your home up until the time of the accident. A I believe I worked from home most of that day doing paperwork. Late in the day I went to the store to just kind of check on things. I left the store around 5 o'clock, at which time I got onto Market Street, which I do quite frequently, have done quite frequently. Q You were heading, what, north on Market? A I was heading towards Mechanicsburg. Whether it's north or not, I don't know. Q All right. Please continue. A Okay. As I was starting down the hill, I turned on my left directional and started to brake slightly to get into the left turning lane. Q Was it your intention to turn on Winding Hill 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Road? A If that's the name of the road on the left there, yes. I drive more by landmarks than street names or north or south. I don't pay attention to what the street is because I take it so frequently. Q So you were familiar with the intersection where the accident occurred? A Yes. Q And you're familiar with Market Street and Winding Hill Road? A Correct. Q You were going to make a left on whatever street that was? A Correct. Q And would that left have taken you home? A Eventually, yes. Q Was it your intention to go home? A Yes, it was. Q Had you made any stops after leaving Cottage Pleasures before the accident? A No. Q And you were alone at the time, correct? A I was. Q All right. Please continue. A Okay. I noticed that there were two vehicles 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 coming behind me. I noticed that there was a vehicle pulling out of the street to the left. I noticed there was a vehicle pulling or getting ready to pull out at the street to the right. All of those people had their headlights on. Q All right. A I noticed as I was coming down the hill that the vehicles behind me -- the one vehicle directly behind me did not appear to be slowing down and noticing that I was braking and had a left turn signal on, which concerned me. Q At this point, were you in the turning lane? A I don't think I was in the turning lane yet. I believe I was approaching the turning lane, slowing down to anticipate the turn. I looked ahead. I saw no vehicles coming. Again, I looked in my rearview mirror and saw that there was another vehicle behind the truck that was behind me, again, appearing not to be slowing down. I proceeded to make the turn. Q What happened when you made the turn? A As I began to make the turn, all of a sudden there was an impact of a vehicle that I did not see. Q When did you first see the vehicle that you struck? A After it hit me. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So you didn't see it before impact? A I did not see it before impact. If I had seen it before impact, I would not have pulled out in front of it. MR. DOWLING: Let's mark this. (Photographs marked as Ellis Exhibit No. 1.) BY MR. DOWLING: Q Mrs. Ellis, I have shown you what we have marked as Exhibit No. 1. A Okay. Q And on that exhibit there are three copies of color photographs. Do you recognize what those photographs depict? A Yes, I do. Q Is that the intersection that we have just been discussing? A Yes, it is. Q And would I be correct that you would have been driving in the direction these photographs were taken? A Correct. Q The bottom photograph looks like it has a yellow truck coming out of -- I'll represent to you that's Winding Hill Road. A Okay. 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Is that the street that you were going to make the left onto? A That is the street I was going to make a left onto. Q And am I correct that the center photograph shows in your direction of travel a turning lane and a lane to the right of that as well as a single lane coming in the opposite direction for through traffic? A Correct. There appears to be a turning lane in the opposing direction. Q Yes. There are actually two turning lanes. There's a turning lane for each direction and a lane for through traffic in each direction; isn't that right? A Correct. Q The top photograph, I believe, shows the same intersection only back a little bit; is that correct? A Correct. Q Could you please mark on that exhibit with an X the approximate location of your car when you detected the truck or another car behind you? Let me make it a little more clear. You testified that you were slowing down to make a left turn and there was a truck behind you -- A Correct. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q -- that caused you some concern. A Correct. Q Where were you when that happened? A I don't remember exactly where I was. What I do remember is that as I was coming down the hill preparing to make the turn, I was braking, had my turn signal on, and was beginning to notice where to go over to the turning lane. I cannot tell you exactly where I was. Q You can't tell me if you were in the turning lane or in the through lane? A I cannot tell you if I had quite approached the turning lane. I cannot tell you exactly where I was. Q You don't know if you were 10 feet or 100 feet back from the intersection? A I believe I just answered the question. Q So you don't know? A I don't know. Q Do you know where you were vis-a-vis the center double yellow line? A I don't know. Q Do you know where the other cars were? A Which other cars? Q The cars that were behind you. 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A They were behind me. Q Do you know how far? A I don't know how far. It was dark. Q Did the cars that were behind you have their headlights on? A Yes, they did. That's how I saw them. Q Did your turn signal work? A Yes, it did. Q And as far as you know, did the brake lights on your car work? A Yes, they did. Q Prior to beginning your turn, your left turn onto Winding Hill Road, did you come to a stop? A Could you restate that, please? Q Sure. Am I correct that the accident occurred as you began making a left turn across Market Street onto Winding Hill Road? A Correct. Q Prior to making that turn, did come to a stop? A No. I glanced up the road and anything coming. I proceeded to slowly Q As you began to make the turn, testimony you saw no headlights coming? A I saw no headlights. I saw no your vehicle did not see make the turn. is it your vehicle. As I 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 stated before, if I had seen a vehicle which was larger than mine coming, I certainly would not have pulled out in front of it. Q As you were slowing down to make the left turn, were there other cars coming opposite you prior to you making the turn? A I'm not sure what you mean. Q Was there a stream of cars coming in the opposite direction? A Not that I'm aware of. Q So as you approached the intersection of Winding Hill Road, you see no oncoming traffic either that had just passed you or up ahead of you? A Not that I recall. Q How fast do you think you were going as you began to make the left turn across Market Street? A I would not know exactly how fast. I do know that I was slowing down to make a turn. Perhaps I was going maybe 10 miles an hour or so. Q Do you know approximately when you put your turn signal on? A I'm in the habit of putting my turn signal on quite some time before I make a turn. I don't know exactly where. But I am in the habit of making sure, especially when I'm aware of traffic behind, that my 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 directional is on in plenty of time. Q Look at the top photograph in Exhibit 1. A Okay. Q Would your left turn signal have been on at about that time based upon your habit? A Yes, it would have been. Q How about your braking? Would you have begun to brake at or about that point? A I most likely would have begun braking more at the top of the hill, as is my habit when I use that road, again, being aware of the fact that people would be behind me. Q Would you agree that if you are in the left turning lane, there is another lane to your right for cars to go around you? A Yes, there is. Q And you can't tell me whether or not the cars that were behind you were in, let's say, the left lane or the turning lane or the through lane, can you? A No, I cannot. Q Nor can you tell me the speed of those cars? A No, I cannot. Q Do you know how far across Market Street you were when the impact occurred? A I do not. 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Do you know if you were, indeed, in the opposite lane of travel? A I'm not lane of travel I Q Were yo travel though? A I'm not Q Did you accident? certain how far into the opposite was. u, indeed, in the opposite lane of certain of that. get out of your car after the A After the impact, yes. Q Did you see where it was located? A It was dark out. I did not see exactly where it was located. And on top of that, I was a bit shook up. Q Did you move your car prior to the police arriving? A My car was not moveable. Q Have you seen the police diagram in the case? A Yes, I have. Q Do you believe that accurately depicts the approximate point of impact? A May a see a copy of it? Q Certainly. A Thank you. It may, but I can't say that it is absolutely the point of impact. It's my 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 understanding this would be a guesstimation on the part of the police. I can't state with certainty exactly where any vehicles were as far as the point of impact. Q What about with respect to the position of your vehicle at the time of impact? Do you know how far into the southbound lane of Market Street you were? A I believe I already answered that question. Q You don't know the answer to that? A Right. Q Do you have an explanation as to why you didn't see the car coming the other way? A I don't have an explanation. Like I said, I looked ahead. I did not see headlights. I did not see a vehicle. I think, you know, I was being alert in noticing that there were vehicles behind me, there were vehicles ready to pull out of each street. Why I would not have seen a vehicle oncoming, I do not know. Q If you look at the center photograph on Exhibit 1, there happens to be a car pulling out of Winding Hill Road, which would have been to your right; is that correct? A Correct. Q That vehicle has a stop sign, correct? 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Correct. Q Did that vehicle, as far as you know, stop at the stop sign prior to the accident? A I don't know if it was completely stopped. I would not be able to tell that you. Q Did the vehicle that was to your right factor in any way into the accident? A Aside from the fact that I noticed it was there, I do not know that it factored in. Q That vehicle didn't, for example, come out into the intersection? A Not that I'm aware of. Q And the same question with respect to the vehicle which would have been to your left, let's say in the approximate location of the yellow truck on the bottom photograph. Did that vehicle come out into the intersection at or about the time of the accident? A I can tell you that the vehicle that was on the left was pulled out much further than what the yellow truck is. As far as whether or not they were moving or at a complete stop, I cannot tell you. Q But that vehicle didn't come out into the intersection at or about the time of the accident, did it? A No. 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q So if I understand it correctly, you are approaching the intersection, you are into the left turning lane, you begin a left turn across Market Street, you see no cars coming in the opposite direction, correct? A Correct. Q You know there are some cars behind you, correct? A Correct. Q And there's a car to your left and there's a car to your right, correct? A Correct. Q As you looked up ahead, did you see any headlights at any distance coming in the opposite direction? A Not that I recall. Q Did you see any cars? A Not that I recall. Q You indicate in an answer to one of the questions -- and I'll read you the question and then I'll tell you what your answer was. A Okay. Q It says, state with particularity the factual basis for each claim of defense you are asserting in this case. And your answer was, not presently 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 determined. However, Plaintiffs' -- that's my clients -- speed may have been a factor. Do you know what you mean by that? A Well, in my mind what would logically make sense to me is that if I noticed the vehicles coming down the hill behind me and I noticed vehicles coming out of both of the side streets and did not notice an oncoming vehicle that perhaps it was traveling at a greater speed or perhaps the headlights were not on. Q Any other basis for that statement? That's an assumption though, isn't it? A That's what would make sense to me in my mind why I would not have seen the vehicle if I noticed all of the other vehicle? Q Assuming the headlights were on, even if the vehicle were coming at a greater speed than you anticipated, is there a reason why you wouldn't have seen the headlights? A I don't know. If they perhaps had just pulled out of something closer by, perhaps. I don't know. MR. DOWLING: Let's mark this, please. (Photographs marked as Ellis Exhibit No. 2.) BY MR. DOWLING: Q I'm showing you what we have marked as 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 • 25 Exhibit No. 2. It's two pages of some black and white Xeroxed copies of photographs, which I believe are your vehicle; would that be correct? A It appears to be. The photographs are very poor, so I cannot say with absolute certainty that that was my vehicle. Q I got them from your lawyer. I'm assuming they're your car. A I've never seen the pictures before. Q Do the pictures depict the approximate location of the damage on the Cadillac you were driving? A I cannot say that with certainty. I did not look. First of all, it was dark out. Secondly, I was shook up. And I never saw the vehicle after the fact. Q When you got out of your car, you didn't look to see where it was damaged? A No, I did not. Q Did you ever see the car after you got out of it? A I saw the car in the dark. I did not see what the damage was. Q What happened to the car after that day? A It was towed to a garage. Q Did you ever go to the garage to see it? 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, I did not. Q So when you got out of the car at the accident, that's the last time you ever saw it? A I believe so. Q Did you ever see any color photographs of the damage to the car? A Not that I recall. Q Did you ever discuss with anyone, including your husband, where the car was damaged? A No, I did not. Q Do you believe it was damaged in the front? A I know it was damaged in the front. Q Did you see where the damage was to the oncoming car that you hit? A I believe that was in the front, as it was a front impact. Q Were you injured in the accident? A I was shaken up. My ankle was twisted and was sore for a couple of weeks. Other than that, I was fine. Q Did you seek any medical treatment? A No, I did not. Q You didn't go to the hospital or anything like that? A No. 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Describe for me in as much detail as you can what happened right after impact. Obviously, you got out of your car. Then what happened? A I sat in my car for a few seconds. Again, I was quite shaken. As I had not seen the vehicle coming, it was a shock to me that I was sitting in a vehicle that had just been hit. Q All right. A I got out. There was a woman who came by to see if I was okay. From where, I do not know. I went over to the other side of my vehicle to see if I could open the door to get my purse, which was on the floor, which had my cell phone in it so that I could call my husband. As I did that, the person that was driving the other vehicle got out of their vehicle and yelled at me. Q What did the person say? A She said, what the hell were you thinking? Q What did you say? A I said, that's why they call them accidents, and I turned away. Q When you turned away, where did you go? A I was just still at my vehicle. I got my purse. To my knowledge, I then went off to the side 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of the road, not wanting to stand in the middle of the road. Q How long was it before the police came? A I don't know exactly how long. It didn't seem like it was very long. I could not tell you exactly how long. Q Well, was it ten minutes or was it an hour? A No, it was minutes. Q Did you have any other discussion with the driver of the other car? A Not that I recall. Q Did you have a discussion with any laypeople, that is, non-police officers at the scene? A Not that I recall. Q Did you speak to the police officer? A I did. Q Do you recall what you said to him? A I don't recall exactly. I do recall that he asked me what happened. And I believe what I told him was exactly what we discussed today. Q Ms. Ellis, have you ever been involved in a prior motor vehicle accident? A Once, several years ago. Maybe 18 years or so ago a speeding teenager had come down a side street and hit the side of my vehicle. 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Any other accidents? A No. Q Any moving violations on your part? A No. Q Any speeding, stop sign, any type of a moving violation? A Not that I recall. Q Did you ever give a statement to your insurance company? Did your insurance company ever ask you what happened? A I don't recall. Q Did you report the incident to your insurance company? A I believe my husband reported it. Q Did anyone from that insurance company call you on the phone or come to see you and ask you your version of what occurred? A I do not recall. MR. DOWLING: You don't have a statement, do you? MR. WEIDNER: I don't have a recorded statement or you'd have it. MR. DOWLING: It's a little unusual. Typically, they -- MR. WEIDNER: I'm finding a lot of them 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 don't. MR. DOWLING: Really? MR. WEIDNER: I tell them don't. BY MR. DOWLING: Q Mrs. Ellis, I think I'm about finished. Just give me a second to look through some things. A Certainly. Q When you left Cottage Pleasures, did you put your lights on right away? A I believe that my vehicle automatically puts the headlights on. Q So it was dark enough at the time of the accident for your headlights to be on? A Yes. Q Other than the statement that you told us about that my client said to you, did you have any other discussion or did she say anything to you at the scene of the accident? A I don't recall. Q Any subsequent conversations with her about the accident? A When do you mean? Q Anytime after the scene of the accident. A No. MR. DOWLING: Pretty painless, wasn't it? 34 1 2 3 MR. WEIDNER: MR. DOWLING: You're done. Thank you. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Okay. (The deposition concluded at 10:40 a.m.) 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE OF PENNSYLVANIA SS. COUNTY OF DAUPHIN I, Jean M. Davis, a Reporter Notary Public, authorized to administer oaths within and for the Commonwealth of Pennsylvania and take depositions in the trial of causes, do hereby certify that the foregoing is the testimony of KATHLEEN E. ELLIS. I further certify that before the taking of said deposition, the witness was duly sworn, that the questions and answers were taken down stenographically by the said reporter, Jean M. Davis, a Reporter Notary Public, approved and agreed to, and afterwards reduced to typewriting under the direction of the said Reporter. I further certify that the proceedings and evidence are contained fully and accurately in the notes by me on the within deposition and that this copy is a correct transcript of the same. In testimony whereof, I have hereunto subscribed my hand and seal this 20 day of September, 2005. COMMONWEALTH OF PENNSYLVANIA `!n+anal Seal Susie, 0aummi ;aunty My Co, x:'-PiresMar 29,2008 Jean M. Davis, Reporter Member. Pe Ylvania Asseciati?. ,,F ?i?reries Notary Public My commission expires: March 29, 2008 0 016-54-6713 [1] 6:1 04-06241 [1] 1:4 1 1 [5] 2:11 17:6 17:9 22:2 24: 21 10 [2] 19:15 21:19 10/4/59 [1] 5:23 100 [1] 19:15 10:03 [1] 1:11 10:40 [1] 34:4 13 [1] 1:11 17 [1] 2:11 18 [2] 6:3 31:23 1975 [1] 6:19 1985 [1] 7:8 1994 [2] 9:8 10:10 2 2 [3] 2:12 27:23 28:1 2,000 [1] 8:12 20 [1] 35:20 2005 [2] 1:11 35:21 2008 [1] 35:25 27 [1] 2:12 29 [1] 35:25 3 3 [1] 2:5 5 5 [1] 14:15 8 809 I [11 12:21 A A.M. [1] 1:11 Ability [2] 4:5 11:11 Able [1] 25:5 Absolute [1] 28:5 Absolutely [1] 23:25 Accessories [1] 7:17 Accident [28] 8:19 9:4 10:1 10:3 10: 5 11:24 12:5 13:11 13:14 13:23 14:2 14:5 14:11 15:7 15:20 20:15 23:9 25:3 25:7 25:17 25:23 29:3 29:17 31: 22 33:13 33:18 33:21 33:23 Accidents [2] 30:21 32:1 Accountant [1] 8:1 Accounting [2] 9:21 12:2 Accurately [2] 23:20 35:16 ACTION [1] 1:3 Administer [1] 35:4 Adverse [1] 13:22 Afterwards [1] 35:12 Ago [4] 7:15 12:6 31:23 31:24 Agree [1] 22:13 Agreed [1] 35:12 Ahead [4] 16:15 21:13 24:15 26:13 Alert [1] 24:16 Alone [1] 15:22 Altogether [1] 6:9 Ankle [1] 29:18 Answer [10] 4:4 5:1 5:4 5:9 5:13 12:14 24:10 26:19 26:21 26: 25 Answered [3] 11:9 19:17 24:9 Answers [4] 5:17 5:21 6:22 35:10 Anticipate [2] 4:21 16:15 Anticipated [1] 27:17 Anytime [1] 33:23 Appear [1] 16:9 APPEARANCES [1] 1:14 Appearing [1] 16:18 Approached [2] 19:12 21:11 Approaching [2] 16:14 26:2 Approved [1] 35:12 Approximate [4] 18:20 23:21 25:15 28:10 Arriving [1] 23:16 Aside [2] 6:25 25:8 Asserting [1] 26:24 Assume [2] 5:5 10:22 Assuming [2] 27:15 28:7 Assumption [1] 27:11 Attention [1] 15:4 Attorney [3] 3:17 3:24 5:16 Authorized [1] 35:4 Automatically [1] 33:10 Aware [4] 21:10 21:25 22:11 25:12 B Based [1] 22:5 Basis [2] 26:24 27:10 Began [4] 16:21 20:16 20:23 21:1E Begin [1] 26:3 Beginning [2] 19:7 20:12 Begun [2] 22:7 22:9 Behind [16] 16:1 16:8 16:9 16:17 16:18 18:21 18:24 19:25 20: 1 20:4 21:25 22:12 22:18 24:17 26:7 27:6 Best [2] 4:5 11:11 Between [1] 3:2 Bill [1] 12:14 Birth [1] 5:23 Bit [2] 18:17 23:13 Black [1] 28:1 Boiling [1] 12:21 Borrow [1] 9:20 Bottom [2] 17:22 25:16 Brake [3] 14:23 20:9 22:8 Braking [4] 16:10 19:6 22:7 22:9 Break [1] 4:23 Briefly [1] 8:20 Briox [1] 7:12 Brought [1] 7:9 Building [1] 12:23 Business [5] 9:17 10:16 11:19 11:21 12:18 C Cadillac [4] 9:6 10:10 10:18 28:11 Cannot [8] 19:8 19:12 19:13 22:20 22:22 25:21 28:5 28:13 Car [24] 9:4 14:1 18:20 18:21 20:10 23:8 23:15 23:17 24: 13 24:21 26:10 26:11 28:8 28:16 28:19 28:21 28:23 29: 2 29:6 29:9 29:14 30:3 30: 4 31:10 Care [1] 11:17 Carefully [1] 5:1 Cars [12] 19:23 19:24 19:25 20: 4 21:5 21:8 22:15 22:17 22: 21 26:4 26:7 26:17 Case [3] 5:18 23:18 26:25 Caused [1] 19:1 Causes [1] 35:6 Cell [1] 30:13 Center [3] 18:5 19:21 24:20 Certain [11] 5:17 8:1 8:2 10:6 10: 6 11:25 13:10 13:17 13:18 23:3 23:7 Certainly [3] 21:2 23:23 33:7 Certainty [3] 24:2 28:5 28:13 Certification [1] 3:4 Certify [3] 35:6 35:8 35:15 Changes [1] 8:23 Changing [1] 8:25 Check [2] 12:3 14:14 Checked [1] 12:3 Child [1] 6:7 Child's [1] 10:10 Children [1] 10:7 CIVIL [1] 1:3 Claim [1] 26:24 Clear [3] 5:9 13:21 18:22 Client [1] 33:16 Clients [2] 8:24 27:1 Closer [1] 27:20 Cold [1] 13:21 College [1] 6:25 Color [2] 17:12 29:5 Coming [18] 16:1 16:7 16:16 17:23 18:8 19:5 20:22 20:24 21:2 21:5 21:8 24:13 26:4 26:14 27:5 27:6 27:16 30:6 Commission [1] 35:24 COMMON [1] 1:1 Commonwealth [1] 35:5 Company [5] 11:13 32:9 32:9 32:13 32:15 Complete Completely [1] 25:4 Concentrators [1] 11:16 Concern [1] 19:1 Concerned [1] 16:11 Concluded [1] 34:4 Conditions [2] 13:19 13:22 Contacts [1] 14:7 Contained [1] 35:16 Continue [2] 14:21 15:24 Contributed [3] 13:23 14:1 14:5 Conversations [1] 33:20 Copies [2] 17:11 28:2 Copy [2] 23:22 35:18 Corporation [2] 7:22 7:23 Correct [46] 4:2 4:3 4:9 5:16 5:19 5:24 6:1 6:2 6:5 6:24 913 9:14 10:11 10:12 11:19 11: 20 12:8 12:9 13:11 13:13 15:11 15:14 15:22 17:18 17: 21 18:5 18:9 18:15 18:17 18:18 18:25 19:2 20:15 20: 18 24:23 24:24 24:25 25:1 26:5 26:6 26:8 26:9 26:11 26:12 28:3 35:18 [1] 26:1 Cottage [6] 7:13 7:14 8:4 9:2 15: 19 33:8 Counsel [1] 3:3 COUNTY [2] 1:1 35:2 Couple [1] 29:19 Courses [1] 6:25 COURT [1] 1:1 [1] 10:9 CUMBERLAND [1] 1:1 Customers [1] 8:24 D Damage [4] 28:11 28:22 29:6 29:13 Damaged [4] 28:17 29:9 29:11 29:12 Dark [5] 20:3 23:12 28:14 28:21 33:12 Date [3] 1:11 5:23 6:16 DAUPHIN [1] 35:2 David [2] 1:16 3:16 Davis [4] 1:9 35:3 35:11 35:23 DEFENDANTS [2] 1:6 1:19 Defense [1] 26:24 Degree [1] 7:1 DEMANDED [1] 1:6 Depict [2] 17:13 28:10 Depicts [1] 23:20 Deposition [8] 1:7 3:18 3:21 3:24 4: 21 34:4 35:9 35:17 Depositions [1] 35:5 Describe [3] 11:11 14:9 30:1 Detail [2] 14:9 30:1 Detected [1] 18:21 Determined [1] 27:1 Deville [1] 9:6 Diagram [1] 23:18 Direction [10] 17:19 18:6 18:8 18:10 18:12 18:13 21:9 26:5 26: 15 35:13 Directional [2] 14:23 22:1 Directly [1] 16:8 Discuss [2] 3:23 29:8 Discussed [1] 31:20 Discussing [1] 17:16 Discussion [3] 31:9 31:12 33:17 Displays [1] 8:25 Distance [1] 26:14 Done [3] 12:2 14:16 34:1 Door [1] 30:12 Double [1] 19:21 Dowling [14] 1:16 2:5 3:11 3:16 17: 5 17:7 27:22 27:24 32:19 32:23 33:2 33:4 33:25 34:2 Down [12] 14:22 16:7 16:9 16:15 16:19 18:23 19:5 21:4 21: 18 27:6 31:24 35:10 Drive [4] 6:3 9:20 14:7 15:3 Driver [1] 31:10 Driving [8] 9:5 9:6 9:16 10:10 10: 20 17:19 28:12 30:15 Drove [2] 11:2 11:4 DUFFIE [1] 1:18 Duly [2] 3:9 35:9 Duties :21 9:19 E Education [2] 6:23 6:24 Eight [1] 9:7 Either [1] 21:12 Elizabeth [1] 3:13 Ellis [14] 1:4 1:7 2:4 2:10 3:8 3:13 3:14 3:16 17:6 17:8 27:23 31:21 33:5 35:7 Employees [3] 8:13 8:16 13:7 End [1] 4:13 Equipment [1] 11:14 Especially [1] 21:25 ESQUIRE [2] 1:16 1:18 Events [1] 14:10 Eventually [1] 15:16 Evidence [1] 35:16 Exact [1] 9:3 Exactly [11] 19:4 19:8 19:13 21:17 21:24 23:12 24:3 31:4 31:6 31:18 31:20 EXAMINATION [2] 2:3 3:10 Example [2] 9:22 25:10 Examples [1] 12:10 Except [1] 3:5 Excluding [1] 10:9 Exhibit [9] 2:10 17:6 17:9 17:11 18:19 22:2 24:21 27:23 28:1 EXHIBITS [1] 2:9 Expires [1] 35:24 Explain [1] 9:15 Explanation [2] 24:12 24:14 F Facility [1] 11:17 Fact [3] 22:11 25:8 28:15 Factor [2] 25:6 27:2 Factored [1] 25:9 Factual [1] 26:23 Familiar [2] 15:6 15:9 Far [10] 9:2 20:2 20:3 20:9 22 23 23:3 24:3 24:7 25:2 25: 20 Fast [2] 21:15 21:17 Feet [4] 8:9 8:12 19:15 19:16 Few [2] 9:3 30:4 Filed [1] 3:19 Fine [1] 29:20 Finished [1] 33:5 First [3] 6:20 16:23 28:14 Floor [1] 30:12 Follows [1] 3:9 Footage [1] 8:10 Foregoing [1] 35:7 Form [1] 3:5 Frequently (3) 14:16 14:17 15:5 Friday [1] 13:17 Front [6] 17:4 21:3 29:11 29:12 29:15 29:16 Full [1] 3:12 Fully [1] 35:16 Furnishings [1] 7:17 G Garage [2] 28:24 28:25 Gettysburg [1] 8:5 Gifts [1] 7:17 Given (1] 3:21 Glanced [1] 20:21 Glasses [1] 14:7 Greater [2] 27:9 27:16 Guesstimation [1] 24:1 H Habit [4] 21:22 21:24 22:5 22:10 Hampshire [2] 7:4 7:5 Hand [1] 35:20 HARRISBURG [1] 1:13 HARVEY [2] 1:1 1:1 Heading [2] 14:18 14:19 Headlights [11] 16:5 20:5 20:24 20:25 24:15 26:14 27:9 27:15 27: 18 33:11 33:13 Health [1] 14:4 Heard [1] 5:5 Hell [1] 30:19 Hereby [3] 3:2 3:4 35:6 Hereunto [1] 35:19 High [3] 6:24 7:2 7:3 Hill [12] 14:22 14:25 15:10 16: 7 17:24 19:5 20:13 20:17 21:12 22:10 24:22 27:6 Hit [4] 16:25 29:14 30:7 31:25 Home [10] 6:8 7:17 9:2 10:7 11- 17 13:5 14:11 14:12 15:15 15:17 Hospital [1] 29:23 (2] 21:19 31:7 [1] 6:11 [2] 10:4 10:14 Husband [9] 1:2 6:7 8:2 10:20 11: 18 12:13 29:9 30:14 32:14 Husband's [4] 7:10 9:17 9:23 11:8 I Idea [1] 8:6 Ideas [1] 12:12 Impact [12] 16:22 17:1 17:2 17:3 22:24 23:10 23:21 2325 24: 4 24:6 29:16 30:2 Important [2] 4:7 4:25 INC [1] 1:5 Incident [1] 32:12 Including [1] 29:8 Incorrect [1] 5:21 Indeed [2] 23:1 23:5 Indicate [3] 6:22 9:12 26:19 Injured [1] 29:17 Insurance [4] 32:9 32:9 32:12 32:15 Intention [2] 14:25 15:17 Interrogatories [2] 5:18 6:23 Intersection [9] 15:6 17:15 18:17 19:16 21:11 25:11 25:17 25:23 26: 2 Inventory [1] 6:25 Involved [1] 31:21 Issues [2] 13:25 14:4 J Jean [4] 1:9 35:3 35:11 35:23 Job [11 7:10 JOHNSON [1] 1:18 JR [1] 1:18 JURY [1] 1:6 K Kathleen (6] 1:4 1:7 2:4 3:8 3:13 35:7 Kee [12] 1:5 9:12 9:16 9:19 10: 11 11:5 11:12 12:7 12:17 13:1 13:7 13:12 Kind [2] 9:4 14:14 Knowledge [1] 30:25 L Landmarks [1] 15:3 Lane [24] 14:24 16:12 16:13 16: 14 18:6 18:7 18:7 18:9 18: 12 18:12 19:8 19:11 19:11 19:13 22:14 22:14 22:18 22: 19 22:19 23:2 23:4 23:5 24: 7 26:3 Lanes [1] 18:11 Larger [1] 21:2 Last [1] 29:3 Late [1] 14:13 LAW (2] 1:3 1:18 Lawsuit [1] 3:18 Lawyer [1] 28:7 Laypeople [1] 31:12 Least [1] 5:13 Leaving [1] 15:19 Left [25] 14:11 14:14 14:23 14: 24 15:2 15:12 15:15 16:2 16:10 18:2 18:3 18:23 20: 12 20:16 21:4 21:16 22:4 22:13 22:18 25:14 25:19 26: 2 26:3 26:10 33:8 Lengthy [1] 4:22 Lights [2] 20:9 33:9 Likely [1] 22:9 Line [1] 19:21 Listed [1] 8:3 Listen (1] 4:25 Live [2] 6:3 6:6 Lives [2] 6:14 6:14 LLP [2] 1:12 1:15 Located [3] 8:4 23:11 23:13 Location [4] 12:18 18:20 25:15 28:11 Logically [1] 27:4 Look [6] 4:16 22:2 24:20 28:14 28:16 33:6 Looked [4] 16:15 16:16 24:15 26:13 Looks [1] 17:22 M March [1] 35:25 Mark [3] 17:5 18:19 27:22 Marked [5] 2:10 17:6 17:9 27:23 27:25 Market [9] 1:12 14:15 14:18 15:9 20:16 21:16 22:23 24:7 26:3 Marketing [2] 12:12 12:13 Marriage [2] 6:16 6:20 Mean [4] 8:8 21:7 27:3 33:22 Mechanical [1] 13:25 Mechanicsburg [5] 6:4 6:15 8:5 12:22 14: 19 Medical [14] 1:5 9:12 9:16 9:19 10: 11 11:5 11:12 11:14 12:7 12:17 13:1 13:7 13:12 29:21 Meeting [1] 12:12 Mentioned [1] 12:6 Merrimack [1] 7:3 Middle [1] 31:1 Might [1] 8:24 Mileage [1] 9:3 Miles [2] 9:3 21:19 Mind [2] 27:4 27:12 Mine [1] 21:2 Minutes [2] 31:7 31:8 Mirror [1] 16:17 Moment [2] 4:22 12:6 Morning [1] 3:18 Most [2] 14:12 22:9 Mostly [1] 10:16 Motor [1] 31:22 Move [2] 7:7 23:15 Moveable (1] 23:17 Moving [3] 25:21 32:3 32:5 N Name [8] 2:3 3:12 3:16 9:23 9: 23 11:8 11:8 15:2 Names [1] 15:4 Need [3] 4:7 4:10 4:22 Needed [1] 12:13 Never [2] 28:9 28:15 New [2] 7:3 7:5 Nine [1] 9:7 Non [1] 31:13 Non-police [1] 31:13 North [3] 14:18 14:20 15:4 Notary [4] 1:10 35:3 35:11 35:24 Notes [1] 35:17 Notice [2] 19:7 27:7 Noticed [8] 15:25 16:1 16:2 16:7 25:8 27:5 27:6 27:13 Noticing [2] 16:10 24:17 Number [1] 5:25 O'clock [1] 14:15 Oath [1] 4:1 Oaths [1] 35:4 Objections [1] 3:5 Obviously [1] 30:2 Occasionally [2] 9:18 12:13 Occurred [4] 15:7 20:16 22:24 32:1" Occurs [1] 4:11 Office [4] 12:17 12:23 12:24 13:2 Officer [2] 11:21 31:15 Officers [1] 31:13 OFFICES [1] 1:18 Old Ill 9:7 Once [1] 31:23 Oncoming [4] 21:12 24:19 27:8 29:14 One [11] 1:12 6:7 6:14 6:14 8: 23 8:24 10:7 10:22 12:24 16:8 26:19 Open [1] 30:12 Opened [1] 7:15 Opportunity [1] 18:10 Opposite [8] 18:8 21:5 21:9 23:2 23: 3 23:5 26:4 26:14 Otherwise [1] 7:1 Owned [3] 9:12 9:16 10:11 Owner [2] 7:25 11:18 Oxygen [1] 11:16 P Pages [1] 28:1 Painless [1] 33:25 Paperwork [2] 8:2 14:13 Part [2] 24:2 32:3 Particularity [1] 26:23 Parties [1] 3:3 Partnership [1] 7:21 Parts [1] 11:14 Passed [1] 21:13 [1] 1:1 Pay [2] 12:14 15:4 Pennsylvania [6] 1:1 1:13 7: 35:5 People [3] 11:16 16:4 Perform [1] 12:7 Perhaps [6] 12:12 21:18 27:19 27:20 Periodic [1] 6:25 Person [2] 30:15 30:18 Personal [1] 10:17 Personally [1] 9:24 Phone [3] 12:14 30:13 Photograph [6] 17:22 18:5 24:20 25:16 Photographs [10] 2:11 2:12 17:13 17:19 27: 4 29:5 Pictures [2] 28:9 28:10 Pike [1] 8:5 Place [2] 1:12 12:4 Plaintiffs [4] 1:2 1:8 1:1 Plaintiffs' [1] 27:1 PLEAS [1] 1:1 7:9 35:1 22:11 27:8 27:9 32:16 18:16 22:2 17:6 17:12 23 28:2 28: 3:17 Pleasures [6] 7:13 7:14 8:4 9:2 15: 20 33:8 Plenty [1] 22:1 Point [5] 16:12 22:8 23:21 23:25 24:3 Police [6] 23:15 23:18 24:2 31:3 31:13 31:15 Poor [1] 28:5 Portable [1] 11:14 Position [2] 7:10 24:5 Postsecondary [1] 6:23 Preparing [1] 19:6 Presently [1] 26:25 Pretty [1] 33:25 Proceeded [2] 16:19 20:22 Proceeding [1] 4:13 Proceedings [1] 35:15 PRODUCED [1] 2:10 Proprietorship [1] 7:19 Provided [1] 5:17 Public [4] 1:10 35:3 35:12 35:24 Pull [2] 16:3 24:18 Pulled [4] 17:3 21:3 25:19 27:20 Pulling [3] 16:2 16:3 24:21 Purposes [1] 10:16 Purse [2] 30:12 30:25 Put [2] 21:20 33:8 Puts [1] 33:10 Putting [1] 21:22 4 Questions [6] 4:2 4:4 4:8 5:17 26:20 35:10 Quite [5] 14:16 14:16 19:12 21: 23 30:5 R Rachael [1] 6:8 Rather [1] 5:9 Read [1] 26:20 Reading [1] 3:3 Ready [2] 16:3 24:18 Really [11 33:2 Rearview [1] 16:16 Reason [5] 4:23 5:8 5:20 5:22 27: 17 Receive [1] 12:15 Recognize [1] 17:12 Record [2] 4:11 4:14 Recorded [1] 32:21 Records [1] 9:11 Reduced [1] 35:12 Remember [3] 9:9 19:4 19:5 Repair [1] 11:17 Repairs [1] 11:13 Repeat [1] 5:10 Rephrase [1] 5:11 Report [1] 32:12 Reported [1] 32:14 Reporter [6] 1:9 35:3 35:11 35:11 35:14 35:23 Represent [1] 17:23 Representing [1] 3:17 Required [1] 4:4 Reserved [1] 3:6 Respect [2] 24:5 25:13 Respective [1] 3:3 Respond [1] 4:8 Responsive [1] 5:14 Restate [1] 20:14 Retail [1] 7:14 Review [1] 4:17 RHOADS [2] 1:12 1:15 Richard [1] 6:7 Road [13] 12:21 15:1 15:2 15:10 17:24 20:13 20:17 20:21 21: 12 22:11 24:22 31:1 31:2 Roadway [1] 13:22 Rough [1] 8:6 Roughly [1] 8:12 ROY [1] 1:18 .S' Safe [1] 10:22 [1] 12:15 Sat [1] 30:4 Saw [9] 16:15 16:17 20:6 20:24 20:25 20:25 28:15 28:21 29: 3 Scene [3] 31:13 33:18 33:23 School [3] 6:24 7:2 7:3 Seal [1] 35:20 Sealing [1] 3:4 Second [1] 33:6 Secondly [1] 28:14 Seconds [1] 30:4 Security [1] 5:25 Sedans [1] 10:17 See [26] 10:9 12:4 16:22 16:23 17:1 17:2 20:21 21:12 23: 11 23:12 23:22 24:13 24:15 2416 264 26:13 26:17 28: 17 28:19 28:21 28:25 295 2913 3010 3011 3216 Seek [1] 29:21 Seem [1] 31:5 Sell [1] 7:16 Sense [2] 27:5 27:12 September [2] 1:11 35:20 Services [9] 1:5 9:12 9:16 11:12 12: 7 12:10 12:17 13:7 13:12 Set [2] 8:1 9:21 Several [1] 31:23 Shaken [2] 29:18 30:5 Share [1] 9:18 Shared [1] 12:24 Shiremanstown [1] 6:14 Shock [1] 30:6 Shook [2] 23:13 28:15 Showing [1] 27:25 Shown [1] 17:8 Shows [2] 18:6 18:16 Side [5] 27:7 30:11 30:25 31:24 31:25 Sign [4] 4:17 24:25 25:3 32:5 Signal [6] 16:10 19:7 20:7 21:21 21:22 22:4 Signing [13 3:4 Single [1] 18:7 SINON [2] 1:12 1:15 Sitting [1] 30:6 Size [2] 8:6 8:8 Slightly [1] 14:24 Slowing [6] 16:9 16:14 16:19 18:23 21:4 21:18 Slowly [1] 20:22 Social [1] 5:25 Sole [2] 7:19 7:25 Sometimes [1] 9:19 Sore [1] 29:19 South [2] 1:12 15:4 Southbound [1] 24:7 Speed [4] 22:21 27:2 27:9 27:16 Speeding [2] 31:24 32:5 Springs [1] 12:21 Square [4] 1:12 8:9 8:10 8:12 SS [1] 35:1 Stand [1] 31:1 Started [1] 14:23 Starting [1] 14:22 State [4] 3:12 24:2 26:23 35:1 Statement [5] 27:10 32:8 32:19 32:22 33:15 Stenographically [1] 35:10 Still [2] 6:8 30:24 Stipulated [1] 3:2 STIPULATION [1] 3:1 Stock [1] 7:23 Stop [8] 4:22 20:13 20:20 24:25 25:2 25:3 25:21 32:5 Stopped [1] 25:4 Stops [1] 15:19 Store [7] 7:14 8:7 8:17 8:20 8: 22 14:13 14:14 Stream [1] 21:8 Street [16] 14:16 15:3 15:5 15:9 15:13 16:2 16:4 18:1 18:3 20:17 21:16 22:23 24:7 24: 18 26:4 31:24 Streets [1] 27:7 Struck [1] 16:24 Subscribed [1] 35:20 Subsequent [1] 33:20 Sudden [1] 16:21 Supplied [1] 9:11 Supplies [1] 11:13 Sworn [2] 3:9 35:9 Sycamore [1] 6:3 Systems [1] 9:21 T Technologies [1] 7:12 Teenager [1] 31:24 Ten [1] 31:7 TERRY [1] 1:1 Testified [2] 3:9 18:23 Testimony [3] 20:24 35:7 35:19 Thinking [1] 30:19 Three [5] 6:10 7:15 10:6 13:10 17:11 Titled [3] 9:23 11:5 11:7 Today [1] 31:20 Top [4] 18:16 22:2 22:10 23:13 Towards [1] 14:19 Towed [1] 28:24 Traffic [4] 18:8 18:13 21:12 21:25 Transcript [1] 35:18 Travel [4] 18:6 23:2 23:4 23:6 Traveling [1] 27:8 Treatment [1] 29:21 Trial [3] 1:6 3:6 35:6 Truck [6] 16:18 17:23 18:21 18: 24 25:15 25:20 Truthfully [1] 4:5 Turn [25] 14:25 16:10 16:15 16: 19 16:20 16:21 18:24 19:6 19:6 20:7 20:12 20:12 20: 16 20:19 20:22 20:23 21:5 21:6 21:16 21:18 21:21 21: 22 21:23 22:4 26:3 Turned [3] 14:23 30:22 30:23 Turning [14] 14:24 16:12 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[1] 35:19 White [1] 28:1 Wife [1] 1:1 Winding [7] 14:25 15:10 17:24 20: 13 20:17 21:12 24:22 Witness [4] 2:2 3:8 34:3 35:9 Woman [1] 30:9 Written [1] 5:17 X Xeroxed [1] 28:2 Y Year [1] 6:18 Years [4] 7:15 9:7 31:23 31:23 Yelled [1] 30:16 Yellow [4] 17:23 19:21 25:15 25:20 J?X??61+s 0 01"IN 01• -TEE MEDICAL SRy INC 12/23/2002 PHOTO TAKEN BY A35N - C.STEINER 0 #010170653390 1/2 lw EXHIBIT vL? #plpl?p?5jjyv i HARRISBURG . AC 0 0 2004, 21 p,35N - C STEINER ICAL SR* INC EE M.ED PAULA A. HARVEY and IN THE COURT OF COMMON PLEAS OF TERRY HARVEY, wife and CUMBERLAND COUNTY, PENNSYLVANIA husband, PLAINTIFFS VS : CIVIL ACTION LAW I! - cc NO. 04-06241 \\\ v ?/, KATHLEEN E. ELLIS and ` / KEE MEDICAL SERVICES, INC., : DEFENDANTS JURY TRIAL DEMANDED DEPOSITION OF: TERRY HARVEY TAKEN BY: DEFENDANTS BEFORE: JEAN M. DAVIS, REPORTER NOTARY PUBLIC DATE: SEPTEMBER 13, 2005, 11:11 A.M. PLACE: RHOADS 6 SINON, LLP ONE SOUTH MARKET SQUARE HARRISBURG, PENNSYLVANIA APPEARANCES: RHOADS 6 SINON, LLP BY: DAVID B. DOWLING, ESQUIRE FOR - PLAINTIFFS LAW OFFICES OF JOHNSON DUFFIE BY: ROY WEIDNER, JR., ESQUIRE FOR - DEFENDANTS 2 1 I N D E X 2 WITNESS 3 NAME EXAMINATION 4 TERRY HARVEY 5 BY MR. WEIDNER 3 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 STIPULATION [CPD It is hereby stipulated by and between unsel for the respective parties that reading, 4 signing, sealing, and certification are hereby waived 5 and that all objections except as to the form of the 6 question are reserved to the time of trial. 7 8 TERRY HARVEY, called as a witness, being duly 9 sworn, testified as follows: 10 EXAMINATION 11 BY MR. WEIDNER: 12 Q Mr. Harvey, you were here when I introduced 13 myself to your wife, correct? 14 A Yes. 15 Q And you were here when I gave her 16 instructions about a deposition, right? 17 A Yes, sir. 18 Q Were you paying attention to what I was 19 telling her? 20 A Yes, sir. 21 Q And you heard all the instructions I gave 22 her? 23 A Yes, sir. 24 Q Will you follow them? 25 A Yes, sir. 3 4 1 Q Tell me your full name. 2 A Terry Harvey, 3 Q And what is your age? 4 A Fifty-eight, 5 Q And your current employment is with DLA? 6 A Yes, sir. 7 Q And how long have you been employed there, 8 sir? 9 A A year and eight months, 10 Q What did you do before that? 11 A I drove truck. 12 Q For whom? 13 A Knauss Foods, R-n-a-u-s-s. 14 Q What do you do for DLA? 15 A Work in a warehouse. 16 Q Now, you have been here the whole time your 17 wife testified, right? 18 A Yes, sir. 19 Q Are you aware there's a claim in this case 20 for you? 21 A Yes, sir. 22 Q And do you know what the claim is? 23 A No. 24 Q Well, I'll represent to you that there is a 25 claim for loss of consortium, which is basically a JEAN DAVIS REPORTING (717) 503-6568 FAX (717) 312-1411 1 1 loss of your wife's sea intimacy and services because 2 of her injuries. You heard your wife testify as to 3 the work that you had to take on around the house, did 4 you not? 5 A Yes, sir. 6 Q Did she miss anything? 7 A No, sir. 8 Q Can you tell us briefly, in your own words, 9 what you have had to take on that she used to do that 10 you wouldn't have to do? 11 A Cleaning house, making the bed, doing more 12 housework, helping make the meals, carrying things up 13 and down the steps. 14 Q Anything else? 15 A When she is upstairs doing something, I have 16 to bring things to her. When she's downstairs and if 17 I'm upstairs, I have to bring everything down to her. 18 There's no up and down the steps for her. 19 Q Do you mind helping her out? 20 A No, sir. 21 Q It doesn't bother you to do it? 22 A No, sir. 23 Q Have you incurred any expenses related to the 24 accident, out-of-pocket expenses? 25 A Not to my knowledge. 1 Q How about her demeanor and disposition toward 2 you? Tell me about that. 3 A Since this happened, she's been 4 short-tempered and upset with herself not being able 5 to do the things she used to. 6 Q Does it bother you? 7 A Yes, sir. 8 Q Does she take it out on you? 9 A Yes, sir. 10 Q In what way? 11 A Short-tempered. 12 Q How about activities that you did before the 13 accident that you no longer do? Can you tell us any 14 of the things you did together that you no longer do 15 or do as much as you used to? 16 A Antiquing, going out for dinner, just, you 17 know, shopping or going to car shows, just about 18 anywhere you go that you have to walk. 19 Q She testified that there was diminished 20 intimacy; is that correct? 21 A Yes. 22 Q Let me ask you this: Do you have any 23 activities that you engage in without your wife? 24 A No, sir. 25 Q Do you have any bobbies? JEAN DAVIS REPORTING (717) 7 1 A No, sir. 2 Q You don't do anything outside? 3 A What we did was together. 4 MR. WEIDNER: That's all I have. 5 Thank you. 6 (The deposition concluded at 11:25 a.m.) 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 1 STATE OF PENNSYLVANIA SS. 2 COUNTY OF DAUPHIN 3 I, Jean M. Davis, a Reporter Notary Public, 4 authorised to administer oaths within and for the 5 Commonwealth of Pennsylvania and take depositions in 6 the trial of causes, do hereby certify that the 7 foregoing is the testimony of TERRY HARVEY. 8 I further certify that before the taking of 9 said deposition, the witness was duly sworn, that the 10 questions and answers were taken down stenographically 11 by the said reporter, Jean M. Davis, a Reporter Notary 12 Public, approved and agreed to, and afterwards reduced 13 to typewriting under the direction of the said 14 Reporter. 15 I further certify that the proceedings and 16 evidence are contained fully and accurately in the 17 notes by me on the within deposition and that this 18 copy is a correct transcript of the same. 19 In testimony whereof, I have hereunto 20 subscribed my hand and seal this 20 day of September, 21 2005. 22 R)MMONWEALTH OF PEN_NS __ ? otariaISea' ___ - Jean M. Davis, Reporter 24?. Jean V Iota Public 11 U 0 W o rd LTt (c e v 0 C DOWLING [2] 5:3 5:11 [1] 1:16 Housework 04-06241 Car Down [1] 5:12 I l l 1: 4 [1] 6:17 [4] 5:13 5:17 5:18 8:10 Husband 1 1 2 Carrying Downstairs ] : [ 1 [1] 5:12 [1] 5:16 I Case Drove 1 1 : 1 1 [ 1 ] 1 11 [1] 4:19 [1] 4:11 INC 11 : 2 5 Causes DUFFIE [1] 1:5 [ 1 l 7 : 6 [11 8:6 [1] 1:18 Incurred 13 Certification Duly [1] 5: 2 3 [1] 3:4 [2] 3:8 8:9 Injuries [ 1 ] 1 : 11 Certify [ 1 ] s : 2 2 [3] 8:6 8:8 8:15 E Instructions CIVIL Eight [ 2 1 3:16 3:21 2 0 [1] 1:3 [1] 4:9 Intimacy [11 8: 20 Claim ELLIS [2] s:l 6:20 2005 [3] 4:19 4:22 4:25 [11 1:4 Introduced [ 2] 1: 11 8: 21 Cleaning Employed [1] 3:12 2008 [11 5:11 [1] 4:7 J [1] 8: 25 Commission Emplo ment 29 [1] 8:24 y [1] 4:s Jean [11 8: 25 COMMON Engage [4] 1:9 8:3 8:11 8:23 3 [1] 1:1 [11 6:23 JOHNSON Commonwealth ESQUIRE [1] 1:18 3 [1] 8:5 [2] 1:16 1:18 JR [1] 2: 5 Concluded Evidence [11 1:18 [1] 7:6 [1] 8:16 JURY A Consortium EXAMINATION [11 1:6 A. M. [1] 4:25 [2] 2:3 3:10 K Ill 1: 11 Contained Except Able [1] 8:16 [1] 3:5 K-n-a-u-s-s [1] 6: 4 Copy Expenses [1] 4:13 Accident [1] 8:18 [21 5:23 5:24 KATHLEEN [2] 5: 24 6: 13 Correct Expires [1] 1:4 Accurately [31 3:13 6:20 818 Counsel [1] 8:24 KEE [1] 1: 5 [ 1 1 8: 1 6 [11 3:3 F Knauss ACTION COUNTY [ 1 ] 4:13 Ill 1: 3 [2] 1:1 8:2 Fifty-eight Knowledge Activities COURT [11 4:4 [2] 6: 12 6: 23 Follow [1] 5:25 Administer [11 1:1 CUMBERLAND [11 3:24 L Follows [1] 8: 4 [1] 1:1 Afterwards Current [1] 3:9 LAW [1] 8: 12 [1] 4:5 Foods [2] 1:3 l:le A e [1] 4:13 LLP g [1] 4: 3 D Foregoing [2] 1:12 1:15 [1] 8:7 Loss Agreed [11 8: 12 DATE Form [2] 4:25 5:1 Answers [1] 1:11 [1] 3:5 M DAUPHIN Full [11 8: 10 Antiquing [1] 8:2 [1] 4:1 March [1] 6: 16 DAVID Fully [1] 8:25 APPEARANCES [1] 1:16 [1] 8:16 MARKET Davis [1] 1:12 [1] 1: 14 [4] 1:9 8:3 8:11 8:23 H Meals Approved DEFENDANTS [11 5:12 Ill 8: 12 [3] 1:6 1:8 1:19 Hand MEDICAL Attention DEMANDED [1] 8:20 [11 1:5 [11 3: 18 [1] 1:6 HARRISBURG Mind Authorized Demeanor [1] 1:13 [ 1 1 5:19 I l l 8: 4 [11 6:1 Harvey Miss Aware Deposition 1 1 1 1 1:7 z:4 3:s 3: 1 [1] 5:6 [ 1 ] 4: 19 [5] 1:7 3:16 7:6 8:9 8:17 8 4 2 7 12 Heard Months B Depositions [2] 3:21 5:2 [ 1 ] 4: 9 [1] 8:5 Helping N Bed Diminished [2] 5:12 5:19 [ 1 7 5: 11 [1] 6:19 Hereby Name Between Dinner [3] 3:2 3:4 8:6 [z] 2:3 4:1 [ 1 ] 3 : z [1] 6:16 Hereunto Notary Bother Direction [1] 8:19 [41 1:10 8:3 8:11 8:24 [ 2 ] 5: 21 6 : 6 [11 8:13 Herself Notes Briefly Disposition [1] 6:4 [1] 8:17 [ 1 ] 5 : 8 [1] 6:1 Hobbies O Bring DLA [1] 6:25 [ 2 ] 5: 16 5: 17 [27 4:5 4:14 House Oaths • • • [ 1 ] 8 : 4 Shows Objections [1] 6;17 Whole [1] 3:5 Signing [1] 4:16 OFFICES [1] 3:4 Wife [1] 1:18 SINON ONE [2] 1:12 1:15 [5] 1:1 3:13 4:17 5:2 6:23 [1] 1:12 SOUTH Wife's Out-of-pocket [1] 1:12 [1] 5:24 SQUARE [1] 5:1 Outside [1] 1:12 Witness [1] 7:2 SS Own [1] 8:1 [3] 2:2 38 8:9 [1] 5:8 STATE Words P [1] 8:1 [ 13 s -.8 Stenographically Parties [1] 8:10 [1] 3:3 Steps Y PAULA [2] 5:13 5:18 [1] 1:1 Stipulated Year Paying [1] 3: 2 11 ] 4: 9 [1] 3:18 STIPULATION Pennsylvania [1] 3: 1 [4] 1:1 1:13 8:1 8:5 Subscribed PLACE 111 8: 20 [I ] 1 :12 Sworn PLAINTIFFS [2] 3:9 8:9 [2] 1:2 1:17 T PLEAS (1] 1:1 Tempered Proceedings [2] 6:4 6:11 [1 ] 8: 15 Terry Public [6] 1:1 1:7 2:4 3:8 4:2 8:7 [4] 1:10 8:3 8:12 8:24 Testified Q [3] 3:9 4:17 6:19 Testify Questions [1] 5:2 (13 8 :10 Testimony [2] 8:7 8:19 R Together Reading [2 ] 6: 14 7: 3 [1) 3: 3 Toward Reduced 111 6: 1 [1] 8:12 Transcript Related [13 8:18 [1] 5:23 Trial Reporter [3] 1:6 3:6 8:6 [6] 1:9 8:3 8:11 8:11 8:14 Truck 8:23 [1] 4:11 Represent Typewriting [1] 4:24 [1] 8:13 Reserved U [1] 3:6 Respective Under [1] 3:3 [1] 8:13 RHOADS UP [2] 1:12 1:15 [2] 5:12 5:18 ROY Upset [1] 1:18 [1] 6:4 Upstairs S [2] 5:15 5:17 Seal V .[1] 8:20 Sealing VS [1] 3:4 [1] 1:3 September [2] 1:11 8:20 W Services Waived [2] 1:5 5:1 [1] 3:4 Sex Walk [1] 5:1 [1] 6:18 Shopping Warehouse [1] 6:17 [1] 4:15 Short WEIDNER [2] 6:4 6:11 [4] 1:18 2:5 3:11 7:4 Short-tempered Whereof [2] 6:4 6:11 [1] 8:19 • 0 PAULA A. HARVEY and IN THE COURT OF COMMON PLEAS OF TERRY HARVEY, wife and CUMBERLAND COUNTY, PENNSYLVANIA husband, PLAINTIFFS VS CIVIL ACTION LAW NO. 04-06241 \\\` `? ,-/ ` I KATHLEEN E. ELLIS and ` J \ KEE MEDICAL SERVICES, INC., : DEFENDANTS JURY TRIAL DEMANDED DEPOSITION OF: PAULA A. HARVEY TAKEN BY: DEFENDANTS BEFORE: JEAN M. DAVIS, REPORTER NOTARY PUBLIC DATE: SEPTEMBER 13, 2005, 10:46 A.M. PLACE: RHOADS S SINON, LLP ONE SOUTH MARKET SQUARE HARRISBURG, PENNSYLVANIA APPEARANCES: RHOADS 6 SINON, LLP BY: DAVID B. DOWLING, ESQUIRE FOR - PLAINTIFFS LAW OFFICES OF JOHNSON DUFFIE BY: ROY WEIDNER, JR., ESQUIRE FOR - DEFENDANTS 2 1 1 N D E X 2 WITNESS 3 NAME EXAMINATION 4 PAULA A. HARVEY 5 BY MR. WEIDNER 3 6 a g EXHIBITS 10 HARVEY EXHIBIT NO. PRODUCED AND MARKED 11 1 - BECKER CHIROPRACTIC QUESTIONNAIRE 26 12 WITH ATTACHMENTS 13 14 15 16 17 19 19 20 21 22 23 24 25 1 STIPULATION p It is hereby stipulated by and between co sel for the respective parties that sealing and 4 certification are hereby waived and that all 5 objections except as to the form of the question are 6 reserved to the time of trial. 1 8 PAULA A. HARVEY, called as a witness, being 9 duly sworn, testified as follows: 10 EXAMINATION 11 BY MR. WEIDNER: 12 Q Mrs. Harvey, I'm Roy Weidner. I'm sure 13 Mr. Dowling has told you what's going to happen today. 14 A Yes. 15 Q But I'm going to give you a few preliminary 16 instructions just like he did with Mrs. Ellis. 17 A Fine, 18 Q I'm going to ask you some questions now. The 19 stenographer will take down my questions and your 20 answers and put them into a stenographic record. If I 21 ask you -- well, first of all, you have to answer 22 audibly. In other words, don't shake your head or go 23 uh-uh or um-hmm, which is typical for conversations. 24 It makes it a little difficult for her to get it down. 25 Okay? 3 41 1 A Yes. 2 Q If I ask you a question that you don't 3 understand because I have garbled it, just doesn't 4 make sense to you, dropped my voice, there's been 5 noise, you just feel in any way uncomfortable 6 answering it, tell me that. Okay? 7 A Yes. 8 Q And then I'll try to rephrase it. Okay? 9 A Okay, 10 Q Don't guess. If you don't know an answer to 11 a question, don't feel you have to try to answer it. 12 It's perfectly understandable. I think you heard 13 Mrs. Ellis a couple of times say she didn't know or 14 couldn't say. That's acceptable. Do the same thing. 15 Okay? 16 A Yes, 17 Q If you answer a question, I'm going to assume 18 you've understood the question and you actually do 19 know the answer that you've given, Okay? 20 A Okay, 21 Q I'm not noted for long depositions, but if 22 you need to take another break, let me know that, 23 Okay? 24 A I will. 25 Q And if you need to consult with Mr. Dowling JEAN DAVIS REPORTING (717) 503-6568 FAX (717) 312-1411 • • 1 for any reason, let me know that and I'll go out of 2 the room or you two can. All right? 3 A That's fine. 4 Q Have you taken any kind of medications or 5 have any situation today which might impair your 6 ability to answer and understand questions? 7 A No. 8 Q I have your name as Paula A. Harvey; is that 9 correct? 10 A Correct. 11 Q And your date of birth is 11/15/51? 12 A Yes. 13 Q And where do you currently reside? 14 A 166 Hickory Road in Dillsburg. 15 Q How long have you resided there? 16 A Since 1982. 17 Q Is that a home that you and your husband own? 18 A Yes. 19 Q Give me an idea of what type of home it is, 20 lot size, structure. 21 A Okay. Lot size, it's approximately 3 acres. 22 It is a bi-level home, two flights of stairs in it. 23 Q Is the 3 acres all lawn or is there lawn and 24 woodland, gardens? 25 A It's lawn and woodland. 6 1 Q Gardens? 2 A No. 3 Q Do you reside there with any children? 4 A No. 5 Q Do you have children? 6 A No. 7 Q You never had children? 8 A No. 9 Q We're here about an accident that took place 10 on December 16th, 2002. Do you recall the accident? 11 A Yes, I do. 12 Q Does the date sound right to you? 13 A Yes. 14 Q Could you tell me where you were coming from? 15 A I was going home from work at the Navy Base 16 in Mechanicsburg. 17 Q What was the route you were taking? 18 A I was going out Market Street to pick up 19 Route 15 to go south. 20 Q Was that your regular route? 21 A Yes and no. Sometimes I go that way; 22 sometimes I go Williams Grove Road. 23 Q Approximately what time of day did the 24 accident happen? 25 A Approximately 5:15. 57 1 Q What type of vehicle were you driving? 2 A Lexus 2000 R1300. 3 Q Is that a sport utility? 4 A Yes, it is. 5 Q Does it have headlights that turn on 6 automatically? 7 A. Yes, it does. 8 Q Do you, in fact, know that your headlights 9 were on? 10 A Yes. 11 Q Tell us your recollection of what happened. 12 A I was traveling in a line of traffic. I was 13 just a little bit past Winding Hill Road when out of 14 nowhere, boom, somebody hit me in the front end. 15 Q You had actually gone past Winding Hill Road? 16 A I was a little bit past -- if I had been 17 going to make a right into Winding Hill Road, I would 18 have been too far up in the intersection to do that. 19 I was past where somebody coming the opposite 20 direction to turn left should have been turning left. 21 Q Okay. Did you see the vehicle that impacted 22 yours before the impact? 23 A. No, I did not. 24 Q Were there any vehicles behind the one that 25 impacted yours that you saw? 7 1 A I do not recall. 2 Q Were there any vehicles coming out of either 3 of the two side streets? 4 A I know there was a gentleman coming out of 5 Winding Hill. He was the first one to come around to 6 my car and ask me if I was all right. 7 Q Do you know his name? 8 A I do believe it's on the bottom of the police 9 report that I gave to my attorney. 10 Q Now, Winding Hill would have been to your 11 right? 12 A Exactly. 13 MR. DOWLING: Here's the report. You can 14 read the names to him. 15 THE WITNESS: This was this gentleman behind 16 me. This was the one coming out of Winding Hill Road. 17 BY MR. WEIDNER: 18 Q Would you read the names to me? 19 A Okay. That gentleman was Richard Bitner, 20 B-i-t-n-e-r. He was coming out of Winding Hill Road 21 to my right. And the gentleman directly behind me in 22 the line of traffic was Mr. Kevin Nouse, N-o-u-s-e. 23 Q After the impact, did you exchange any 24 information with Mrs. Ellis directly? 25 A Right after the accident, I couldn't even get 8 JEAN DAVIS REPORTING (717) 503-6568 FAX (717) 312-1411 • • 1 out of my car. My air bags deployed. Her car was, 2 like, right there. And when I looked out, there was 3 fluid running down on the road and glass all over the 4 place. I retrieved my purse, got my cell phone, and I 5 called the police. 6 Q Did she say anything to you, Mrs. Ellis? 7 A She did not. After the police got there, 8 there was other people, emergency people, around. I 9 realized who it was that was actually driving the car. 10 I went over to her and I did not swear to her at all. 11 I just said to her, what were you thinking? 12 Q And what did she say? 13 A I don't even remember. She just turned and 14 walked. And I do remember the officer saying to me he 15 could not believe how calm I was after someone had 16 plowed into me the way they did. 17 Q As far as the accident goes, did you have any 18 impact with any part of your body with your own 19 vehicle? 20 A Yes. 21 Q Could you tell us what? 22 A My knee hit the steering column. The 23 seatbelt grabbed me across my chest. My neck hurt a 24 little bit. And the next day my knee was really in 25 pain. There was some bruising on my knee for a couple 9i 1 of days, black and blue. 2 Q How about any back, neck, or other 3 discomfort? 4 A My lower back hurt a little bit, but that 5 went away within a few days. 6 Q Has the low back discomfort that you felt 7 come back at all since the accident? 8 A No. 9 Q Did you have any neck problems after the 10 accident? 11 A No. 12 Q Have you had any neck problems since the 13 accident that you attribute to the accident? 14 A No. 15 Q What do you attribute to the accident in the 16 way of injuries? 17 A My knee, the top of mfr thigh, and map left 18 hip. 19 Q The top of your left thigh? 20 A Yes. 21 Q But no back or neck complaints? 22 A No. 23 Q And that would be the left knee? 24 A Yes. 25 Q Okay. I want to get a little background from 1 you. You are a contract specialist at the Navy Depot? 2 A Yes. 3 Q And what are your duties and responsibilities 4 as such? 5 A I administer government contracts to make 6 sure that all the terms and conditions are met, 7 materials delivered, any changes that have to be done, 8 any monies that have to be added or subtracted. 9 Q And this is clerical work? 10 A No, a little bit more than clerical work, 11 sir. 12 Q I didn't want to be demeaning. Paperwork? 13 A Administrative, yes. 14 Q Okay. 15 A Paperwork, quite extensive. I do contract 16 modifications to contracts. Contracts can range 17 anywhere from small dollar amounts, say $2,500, into 18 millions of dollars. 19 Q Okay. 20 A Contracting officers warrant that I can sign 21 and obligate money for the government. 22 Q Is there a limit on that? 23 A My warrant right now is only at $25,000. 24 Q And how long have you had that job? 25 A I'm going to say probably 20 years. 11 1 Q How many years do you have in totality with 2 the federal government? 3 A Twenty-six. 4 Q Do you have an anticipated retirement date? 5 A Not as of yet. 6 Q Now, did any of the accident-related injuries 7 cause you any problems with your work? And let me 8 clarify that. I know you missed some time from work 9 for medical appointments and the like as per your 10 answers to discovery. 11 A Right. 12 Q But aside from that, having to take off work, 13 did the injuries you suffered cause you any 14 difficulties in performing your work? 15 A Other than having to deal with pain and 16 discomfort during the day when I was at work, just 17 like you in an office setting, I sit for a while, have 18 to get up, nave, that was quite painful. 19 Q I have a couple other questions 20 backgroundwise. Are you right or left hand dominant? 21 A Right. 22 Q And how about your height? 23 A I'm 5'2". 24 Q Has it stayed the same since the accident, as 25 far as you know? 12 JEAN DAVIS REPORTING (717) 503-6568 FAX (717) 312-1411 • 1 A To my knowledge. 2 Q People do lose height. 3 A Well, I realize that. I haven't been 4 measured. 5 Q Okay. How about your weight? 6 A Basically, stayed the same. 7 Q And what is it? 8 A Probably 235, 240. 9 Q And you believe it was the same at the time 10 of the accident? 11 A Yes, I do. 12 Q Have you lost any weight at all? 13 A No. 14 Q You haven't lost any weight then? 15 A No. 16 Q And I don't imagine with the job you have you 17 can have a criminal record; is that correct? 18 A Correct. 19 Q Do you have any kind of security clearances 20 or other special clearances with the government to do 21 your job? 22 A Not to my knowledge. 23 Q As far as sick leave goes with your job, do 24 you have an annual amount of sick leave? 25 A Every two weeks you get four hours of sick 14 1 leave. 2 Q And has that been the case from the time of 3 the accident forward or has it increased? 4 A Always with the government, every two weeks 5 you get four hours. 6 Q Do you accumulate that over the years? 7 A Yes, that can keep building and building and 8 building. 9 Q Is there any maximum? 10 A Not on sick leave. it Q How about your annual leave? 12 A Annual leave, I currently get eight hours of 13 annual leave every pay period. And that can only go 14 to 240 per year, 240 that you can accumlate. 15 Q That's 240 hours a year? 16 A It's 240 hours that you can accumulate. 17 After that, you either use it or lose it. 18 Q Okay. If you leave government service, do 19 you get paid for your unused sick leave? 20 A That's a tricky one. Not in cash amount, no. 21 They may take -- you have to have a certain amount of 22 hours, quite a lot of hours, that it will credit 23 toward any time for your retirement. But you do not 24 get paid cash money for the unused time. 25 Q So they will credit some of that toward your 13 1 retirement? 2 A If you have enough. And you have to have a 3 lot of hours. 4 Q Do you know if you've reached that amount? 5 A Oh, never. 6 Q Now, when you took off for your medical 7 treatment appointments and the like after this 8 accident for accident-related injuries, what did you 9 use, sick leave or annual leave or both? 10 A Both. 11 Q Why did you use both? 12 A So I wouldn't deplete either/or. 13 Q And you kept a record of what you used? 14 A Yes. 15 Q And did you keep it by day? Did the 16 government keep it or did you keep the records? 17 A I keep it; they keep it. 18 Q Did you have to take any kind of unpaid 19 leave? 20 A No. 21 Q There was a figure in your discovery 22 responses of $4,746.20 for a loss of benefits based on 23 an hourly rate. Has that increased since you supplied 24 the figure, if you know? 25 A It would have a little bit after the first of 151 1 the year. 2 Q And I have you as a Central Dauphin -- CD 3 East -- I apologize -- graduate, correct? 4 A Yes. 5 Q What year? 6 A 1969. 7 Q Any post high school education? 8 A Some classes for work, but no degrees or 9 anything. 10 Q Okay. I had asked in some interrogatories 11 whether you had seen any doctors for the five years 12 preceding the accident and you listed Becker 13 Chiropractic and Ann-Marie Manning, an OB-GYN. Did 14 you not have a family doctor? 15 A We do. There was nothing wrong. I didn't go 16 to the doctor. 17 Q Who was the family doctor? If you had needed 18 a family doctor prior to the accident, who would it 19 have been? 20 A It would be Dr. Setzer at Bowmansdale Family 21 Practice. 22 Q And Dr. Becker was your chiropractor; is that 23 correct? 24 A Correct. 25 Q Had you seen any other chiropractors prior to 16 JEAN DAVIS REPORTING (717) 503-6568 FAX (717) 312-1411 17 1 the accident? 2 A Years ago. 3 Q How many years ago? 4 A I'd say 30 some, 33 years ago. 5 Q Can you tell me who you saw for treatment of 6 accident-related injuries? 7 A I saw Dr. Becker. 8 Q Okay. 9 A I saw Terry Johnson at Dr. Setser's office. 10 Q Okay. 11 A I saw Dr. Litton. I saw Dr. Boal. And I saw 12 Dr. Jessica Williams. 13 Q Okay. Was Dr. Williams the one at 14 Integrative Medicine? 15 A Correct. 16 Q Let me ask you just to confirm these. You've 17 listed in your answers to interrogatories that you 18 went to Bowmansdale Family Practice, Becker 19 Chiropractic, Heritage Diagnostic Center, Orthopedic 20 Institute of Pennsylvania, Integrative Medicine 21 Physician Center, Tristan Associates, and First Choice 22 Rehabilitation Services. 23 Are there any others that may have been 24 missed that you can now recall treating with for 25 accident-related injuries? 18 1 A No. 2 Q When did you last treat with Integrative 3 Medicine Physician Center for accident-related 4 injuries? 5 A I believe it was back in October. 6 Q Do you have any appointments to go back? 7 A No, not at present. 8 Q When did you last treat at Becker 9 Chiropractic for accident-related injuries? 10 A I believe it was in February or March of 11 2004. 12 Q And any appointments to go back? 13 A No. 14 Q And Dr. Litton at Orthopedic Institute -- I 15 believe Boal and Litton are at the same place, aren't 16 they? 17 A Correct. 18 Q When did you last see them? 19 A February of 2004, I believe. 20 Q Do you have any appointments to go back? 21 A No. 22 Q Do you have any appointments scheduled with 23 any healthcare practitioners for accident-related 24 injuries? 25 A No. 1 Q What exactly are you suffering from as we sit 2 here today? And I don't mean exactly this minute. 3 But what do you have in the way of pain, discomfort, 4 limitations on activities that you attribute to the 5 accident? 6 A All right. The pain is behind my kneecap and 7 at the top of my thigh and my hip. It can range 8 anywhere at this stage of the game probably from -- 9 pain level from, say, 2 to 5. 10 Q I'm sorry. That's for the top of the thigh it and the hip? 12 A And the knee. 13 Q So they're a 2 to 5 on a 10 scale? 14 A Yes. 15 Q And is that constant? 16 A Not constant, no. If I overdo, do too much 17 activity, then it flares up. Sometimes I get up in 18 the morning and it's really rough until I get moving 19 around, get things stretched out. 20 Q And this is for behind the kneecap and the 21 top of the thigh and the hip? 22 A Yes. 23 Q So we have them currently at a 2 to 5 on a 10 24 scale, basically more uncomfortable or painful with 25 activity? 191 20 1 A Excessive activity, yes -- not excessive, 2 just normal. 3 Q Have any doctors or healthcare providers that 4 you have seen since the accident imposed any 5 limitations and restrictions on your activities? 6 A They haven't imposed any. Dr. Williams has 7 said to me, on your rough days, take it easy. Don't 8 do a lot. 9 Q Any other physicians impose any limitations 10 and restrictions? 11 A No. 12 Q Okay. 13 A I can't do as much as I used to. 14 Q Well, that's where I want to head next. 15 Prior to the accident, aside from your work, what type 16 of activities did you engage in recreationally? 17 A Recreationally we used to do some antiquing, 18 go to car shows. I wouldn't call this recreation, but 19 you have to clean the house and do your laundry. 20 Q I wouldn't call it recreation either. 21 A Those are activities now that take me longer 22 to do. 23 Q Well, let's go back up to recreation. We'll 24 cover the other stuff. Have you quit going antiquing? 25 A We haven't been antiquing in I couldn't tell JEAN DAVIS REPORTING (717) 503-6568 FAX (717) 312-1411 21 1 you hop long. 2 Q Well, since before the accident? 3 A Yes. 4 Q And how do you relate that to 5 accident-related injuries? 6 A I can't walk for any great length of time or 7 I can't stand for any great length of time. 8 Q What is the maximum amount of time you can 9 walk? 10 A Jeez, I honestly couldn't say. It depends on 11 my pain level. Doing grocery shopping is tough 12 sometimes because it hurts. 13 Q How about standing? 14 A I can't do that for any great length of time 15 either. 16 Q Can you tell me how long? 17 A For 20 minutes max and then I'd better sit 18 down. 19 Q How about car shows? Have you gone to any 20 car shows? 21 A No, we have not. 22 Q And why is that? 23 A Too much walking for me to do. 24 Q Now about other activities prior to the 25 accident excluding housework that you did but can't do 22 1 now or can't do with the same frequency? 2 A I can't really say. I mean, we don't really 3 do a whole lot. 4 Q Did you before the accident? 5 A I believe we were more active in going 6 antiquing, going to dinner, which we don't do now. 7 Q You don't go out to dinner either? 8 A Not very often. 9 Q And why is that? 10 A Schedules just don't allow it. 11 Q Are you talking about work schedules? 12 A Now, yes. 13 Q What does Mr. Harvey do? 14 A He works in a warehouse for DLA. 15 Q DLA? 16 A Defense Logistics Agency. 17 Q Can you tell me anything more about non-work 18 and non-housekeeping activities that have been 19 diminished or eliminated by reason of accident-related 20 injuries? 21 A I used to mow the lawn. I no longer do that. 22 My husband now does that totally. 23 Q Is it a riding rawer? 24 A Yes. 25 Q Anything else? You talked about antiquing, 1 car shops, going out to dinner, and moving the lawn. 2 A Shopping. 3 Q Have you given that up? 4 A Pretty mach so. If I do, it's a real quick 5 trip. I can't handle the walking. 6 Q Okay. Now, how about the housework? What in 7 the way of housework do you not do as a result of the 8 accident? 9 A Well, Terry, my husband, does most of the 10 vacuuming. I do the laundry. Now that takes me 11 almost all weekend instead of just one day because of 12 going up and down the steps with the laundry. And now 13 90 percent of the grocery shopping is now done by my 14 husband. 15 Q Okay. Anything else? 16 A It's just mare difficult for me to do things. 17 If I get up on Saturday morning and I don't really 18 feel well, I don't do much. 19 Q Did you belong to any clubs or organizations 20 before the accident? 21 A No. 22 Q Any churches? 23 A No. 24 Q Have your symptoms been consistent with 25 reference to your knee, top of the thigh, and hip on 23 1 the left side since the accident or have any improved? 2 A They have now improved. 3 Q And when did they reach the improvement that 4 they are at now? 5 A After seeing Dr. Williams. 6 Q That was the acupuncturist, correct? 7 A Yes. I had some improvement when I vent to 8 Dr. Litton and Dr. Boal, but only because of the drugs 9 that they gave me that I am no longer taking. 10 Q Are you doing any kind of home exercise 11 program? 12 A Yes, every day. 13 Q And what does that consist of? 14 A It consists of different stretches, different 15 things that therapy taught me to do. 16 Q How about weight loss? Have you attempted 17 any weight loss since the accident? 18 A No. 19 Q Were you told to do so? 20 A I have been told to lose weight all my life. 21 Q Were you told that it might take the stress 22 off your left lower extremity if you lost weight? 23 A They said it might help. 24 Q What was your medical condition immediately 25 before the accident? 24 JEAN DAVIS REPORTING (717) 503-6568 FAX (717) 312-1411 25 1 A Fine. I was seeing Dr. Becker occasionally 2 for lower back adjustment. 3 Q Any other adjustments? 4 A He'd adjust my neck. There wasn't a problem. 5 That was just part of the treatment that I got. 6 Q And what was the problem with the lower back? 7 A It would pop out every now and then. 8 Q But that hasn't been affected by the 9 accident? 10 A No. 11 Q We're just here about the knee, the left 12 knee, left thigh, and left hip? 13 A Correct. 14 Q Do you ever remember seeing a Dr. Renyo? 15 A Yes, that was prior to Dr. Becker. 16 Q Dr. Renyo is a chiropractor? 17 A Correct. 18 Q As far as your left thigh is concerned, is 19 the discomfort you experience on the outside or the 20 front? Where is it? 21 A It is right at the very top of my leg. And 22 it's the muscles in there. 23 Q The muscles in the front, we'll call it? 24 A Right. 25 Q Do they knot up? 26 1 A Yes, and hurt. 2 Q How about the hip? Is it in the joint 3 itself? 4 A Yes. 5 Q Has anybody told you what it might be? 6 A Dr. Williams had said that because of the 7 impact of the knee jamming up into the hip that that 8 caused the problem with my left hip. 9 Q Do you recall filling out a questionnaire 10 when you went to Dr. Becker back in 2000 for him? 11 A Do you mean before the accident or after the 12 accident? 13 Q Before the accident. 14 A Before the accident, probably, yes. You 15 normally fill something out. 16 MR. WEIDNER: I want to mark that. 17 (Becker Chiropractic questionnaire with 18 attachments marked as Harvey Exhibit No. 1.) 19 BY MR. WEIDNER: 20 Q The stenographer has marked this document as 21 Exhibit 1. It's a Becker Chiropractic document 22 consisting of four pages with the attachments. Do you 23 recall filling out the first two pages? 24 A It's my writing. I don't remember filling it 25 out. 27 1 Q You would agree it's your writing, though? 2 A Yes, it's my writing. 3 Q And then on the third page, there is a 4 chiropractic examination. That's not your writing, is 5 it? 6 A No. 7 Q And then on the fourth page, it appears to be 8 more similar writing. And that's not your writing; is 9 that correct? 10 A Correct. 11 Q There is, however, a question down at the 12 bottom that says, how long has it been since you 13 really felt good? And it appears to say, 28 years, is 14 that correct, meaning that's what it says? 15 MR. DOWLING: I don't know if we can read 16 that. Let's take a look at this one here. 17 THE WITNESS: That's not my writing though. 18 BY MR. WEIDNER: 19 Q I agree. 20 A I can't answer that. 21 Q Do you recall telling Becker Chiropractic at 22 that time that you had not felt good for 28 years? 23 A No, sir, I do not. 24 Q Okay. Do you recall telling them about your 25 last car accident being 28 years before? 1 A I may have but I don't know. I couldn't say 2 for sure. 3 Q Would you dispute it if somebody from Becker 4 Chiropractic said that you told them that you had not 5 felt good for 28 years? 6 A I believe I would. 7 Q Okay. Now, you told us your husband has 8 taken on additional duties and responsibilities 9 because of your injuries. He also has a claim for 10 loss of consortium. Can you tell us what other impact 11 your injuries from this accident have had on the 12 marriage? 13 A He's had to do more of the house chores that 14 I normally would have taken care of. 15 Q Okay. Anything else? Has sexual intimacy 16 diminished because of the accident? 17 A Yes. 18 Q Can you quantify it for me? 19 A Not nearly as often as it had been. 20 Q Are you currently taking any medications? 21 A I take meclisine. 22 Q I should have been more clear. I'm talking 23 about for accident-related injuries. 24 A Nothing other than if the pain gets too bad, 25 I'll take Tylenol. F8, JEAN DAVIS REPORTING (717) 503-6568 FAX (717) 312-1411 29 1 Q Are you using any knee braces or any other 2 devices? 3 A Occasionally I use the heating pad. 4 Q Anything else for treatment of your 5 accident-related injuries currently? 6 A No. 7 Q The only limitation that's been imposed on 8 you from the accident was Dr. Williams' statement to 9 you to do what you can and basically watch what you 10 do? 11 A Take it easy with what I do. And she said, 12 you're not going to be 100 percent the way you were 13 before the accident. 14 MR. WEIDNER: That's all I have for you. 15 Thank you. 16 THE WITNESS: Thank you. 17 (The deposition concluded at 11:10 a.m.) 18 19 30 1 STATE OF PENNSYLVANIA SS. 2 COUNTY OF DAUPHIN 3 I, Jean M. Davis, a Reporter Notary Public, 4 authorized to administer oaths within and for the 5 Commonwealth of Pennsylvania and take depositions in 6 the trial of causes, do hereby certify that the 7 foregoing is the testimony of PAULA A. HARVEY. 8 I further certify that before the taking of 9 said deposition, the witness was duly sworn, that the 10 questions and answers were taken down stenographically 11 by the said reporter, Jean M. Davis, a Reporter Notary 12 Public, approved and agreed to, and afterwards reduced 13 to typewriting under the direction of the said 14 Reporter. 15 I further certify that the proceedings and 16 evidence are contained fully and accurately in the 17 notes by me on the within deposition and that this 18 copy is a correct transcript of the same. 19 In testimony whereof, I have hereunto 20 subscribed my hand and se s 20 day of 2005, 2005. 21 22 . a M. Davis, Reporter 23 Notary Public My commission expires: COMMONWEALTH OF PENNSYLVANIA .1 ' Notarial Seal i G? Jean M. Davis Notary Public L Susquehanna T ?auphin C My Commissir kiar. Z Member. Pennsyl nn (7 JEAN DAVIS REPORTING (717) 503-6568 FAX (717) 312-1411 1 1 I 1 ?(X-k ??,J-O $2,500 [1] 11:17 $25,000 [1] 11:23 11] 15: 2 [1] 15:22 04-06241 [1] 1:4 1 1 [3] 2:11 26:18 26:21 10 [2] 19:13 19:23 100 [1] 29:12 10:46 [1] 1:11 11/15/51 [1] 5:11 11:10 [1] 29:17 13 [1] 1:11 15 [1] 6:19 166 [1] 5:14 16th [1] 6:10 1969 [1] 16:6 1982 [1] 5:16 2 [3] 19:9 19:13 19:23 r 2 20 [3] 11:25 21:17 30:20 2000 [2] 7:2 26:10 2002 [1] 6:10 2004 [2] 18:11 18:19 2005 [3] 1:11 30:20 30:20 2008 [1] 30:24 235 [1] 13:8 240 [5] 13:8 14:14 14:14 14:15 14:16 26 [1] 2:11 28 [4] 27:13 27:22 27:25 28:5 29 [1] 30:24 3 3 [3] 2:5 5:21 5:23 30 [1] 17:4 33 [1] 17:4 5 15 [3] 19:9 19: 5'2 [1] 12:23 5:15 [1] 6:25 9 90 [1] 23:13 A A.M. [1] 1:11 Ability [1] 5:6 Acceptable [1] 4:14 Accident [39] 6:9 6:10 6:24 8:25 9: 17 10:7 10:10 10:13 10:13 10:15 12:24 13:10 14:3 15: 8 16:12 16:18 17:1 19:5 20: 4 20:15 21:2 21:25 22:4 23: 8 23:20 24:1 24:17 24:25 25:9 26:11 26:12 26:13 26: 14 27:25 28:11 28:16 28:23 29:8 29:13 Accident-related [11] 12:6 15:8 17:6 17:25 18:3 18:9 18:23 21:5 22:19 28:23 29:5 Accumulate [3] 14:6 14:14 14:16 Accurately [1] 30:16 Acres [2] 5:21 5:23 ACTION [1] 1:3 Active [1] 22:5 Activities [6] 19:4 20:5 20:16 20:21 21:24 22:18 Activity [3] 19:17 19:25 20:1 Acupuncturist [1] 24:6 Added [1] 11:8 Additional [1] 28:8 Adjust [1] 25:4 Adjustment [1] 25:2 Adjustments [1] 25:3 Administer [2] 11:5 30:4 Administrative [1] 11:13 Affected [1] 25:8 Afterwards [1] 30:12 Agency [1] 22:16 Ago [3] 17:2 17:3 17:4 Agree [2] 27:1 27:19 Agreed [1] 30:12 Air [1] 9:1 Allow [11 22:10 Almost [1] 23:11 Amount [5] 13:24 14:20 14:21 15:4 21:8 Amounts [1] 11:17 Ann-Marie [1] 16:13 Annual [5] 13:24 14:11 14:12 14: 13 15.9 Answer [7] 3:21 4:10 4:11 4:17 4: 19 5:6 27:20 Answering [1] 4:6 Answers [4] 3:20 12:10 17:17 30:10 Anticipated [1] 12:4 Antiquing [5] 20:17 20:24 20:25 22:6 22:25 Apologize [1] 16:3 APPEARANCES [1] 1:14 Appointments [6] 12:9 15:7 18:6 18:12 18:20 18:22 Approved [1] 30:12 Aside [2] 12:12 20:15 Associates [1] 17:21 Assume [1] 4:17 Attachments [3] 2:12 26:18 26:22 Attempted [1] 24:16 Attorney [1] 8:9 Attribute [3] 10:13 10:15 19:4 Audibly [1] 3:22 Authorized [1] 30:4 Automatically [1] 7:6 B [1] 10:25 Backgroundwise [1] 12:20 Bad [1] 28:24 Bags [1] 9:1 Base [1] 6:15 Based [1] 15:22 Becker [13] 2:11 16:12 16:22 17:7 17:18 18:8 25:1 25:15 26: 10 26:17 26:21 27:21 28:3 Behind [5] 7:24 8:15 8:21 19:6 19: 20 Belong [1] 23:19 Benefits [1J 1J:ZZ Better [1] 21:17 Between [1] 3:2 Bi-level [1] 5:22 Birth [1] 5:11 Bit [6) 7:13 7:16 9:24 10:4 11: 10 15:25 Bitner [2] 8:19 8:20 Black [1] 10:1 Blue [1] 10:1 Boal [3] 17:11 18:15 24:8 Body [1] 9:18 Boom [1] 7:14 Bottom [2] 8:8 27:12 Bowmansdale [2] 16:20 17:18 Braces [1] 29:1 Break [1] 4:22 Bruising [1] 9:25 Building [3] 14:7 14:7 14:8 C Calm [1] 9:15 Car [9] 8:6 9:1 9:1 9:9 20:18 21:19 21:20 23:1 27:25 Care [1] 28:14 Case [1] 14:2 Cash [2] 14:20 14:24 Caused [1] 26:8 Causes [1] 30:6 CD [1] 16:2 Cell [1] 9:4 Center [3] 17:19 17:21 18:3 Central [1] 16:2 Certain [1] 14:21 Certification [1] 3:4 Certify [3] 30:6 30:8 30:15 Changes [1] 11:7 Chest [1] 9:23 Children [3] 6:3 6:5 6:7 Chiropractic [9] 2:11 16:13 17:19 18:9 26:17 26:21 27:4 27:21 28:4 Chiropractor [2] 16:22 25:16 Chiropractors [1] 16:25 Choice [1] 17:21 Chores [1] 28:13 Churches [1] 23:22 [1] 1:3 Claim [1] 28:9 Clarify [1] 12:8 Classes [1] 16:8 Clean [1] 20:19 Clear [1] 28:22 Clearances [2] 13:19 13:20 Clerical [2] 11:9 11:10 Clubs [1] 23:19 Column Ill 9:22 Coming [6] 6:14 7:19 8:2 8:4 8:16 8:20 Commission [1] 30:23 [1] 1:1 th [1] 30:5 Complaints [1] 10:21 Concerned [1] 25:18 Concluded [1] 29:17 Condition [1] 24:24 Conditions [1] 11:6 Confirm [1] 17:16 Consist [1] 24:13 Consistent [1] 23:24 Consisting [1] 26:22 Consists [1] 24:14 consortium [1] 28:10 Constant [2] 19:15 19:16 Consult [1] 4:25 Contained [1] 30:16 Contract [2] 11:1 11:15 Contracting [1] 11:20 Contracts [3] 11:5 11:16 11:16 Conversations [1] 3:23 I [1] 30:18 Correct [16] 5:9 5:10 13:17 13:18 16:3 16:23 16:24 17:15 18: 17 24:6 25:13 25:17 27:9 27:10 27:14 30:18 Counsel [1] 3:3 COUNTY [2] 1:1 30:2 Couple [3] 4:13 9:25 12:19 COURT [1] 1:1 Cover [1] 20:24 Credit [2] 14:22 14:25 Criminal [1] 13:17 CUMBERLAND [1] 1:1 D Date [4] 1:11 5:11 6:12 12:4 Dauphin [2] 16:2 30:2 DAVID [1] 1:16 Davis [4] 1:9 30:3 30:11 30:22 Days [3] 10:1 10:5 20:7 Deal [1] 12:15 December [1] 6:10 DEFENDANTS [3] 1:6 1:8 1:19 Defense [1] 22:16 Degrees [1] 16:8 Delivered [1] 11:7 DEMANDED [1] 1:6 Demeaning [1] 11:12 Deplete [1] 15:12 Deployed [1] 9:1 Deposition [4] 1:7 29:17 30:9 30:17 Depositions [2] 4:21 30:5 Depot [1] 11:1 Devices [1] 29:2 Diagnostic [1] 17:19 Different [2] 24:14 24:14 Difficult [2] 3:24 23:16 Difficulties [1] 12:14 Dillsburg [1] 5:14 Diminished [2] 22:19 28:16 Dinner [3] 22:6 22:7 23:1 Direction [2] 7:20 30:13 Directly LGJ 0:zi d:L4 Discomfort [5] 10:3 10:6 12:16 19:3 25:19 Discovery [2] 12:10 15:21 Dispute [1] 28:3 DLA [2] 22:14 22:15 Doctor [4] 16:14 16:16 16:17 16:18 Doctors [2] 16:11 20:3 Document [2] 26:20 26:21 Dollar [1] 11:17 Dollars [1] 11:18 Dominant [1] 12:20 Done [2] 11:7 23:13 Dowling [5] 1:16 3:13 4:25 8:13 27: 15 Down [7] 3:19 3:24 9:3 21:18 23: 12 27:11 30:10 Dr [20] 16:20 16:22 17:7 17:9 17:11 17:11 17:12 17:13 18: 14 20:6 24:5 24:8 24:8 25: 1 25:14 25:15 25:16 26:6 26:10 29:8 Driving [2] 7:1 9:9 Dropped [1] 4:4 Drugs [1] 24:8 DUFFIE [1] 1:18 Duly [2] 3:9 30:9 During [1] 12:16 Duties [2] 11:3 28:8 E East [1] 16:3 Easy [2] 20:7 29:11 Education [1] 16:7 Eight [1] 14:12 Either [5] 8:2 14:17 20:20 21:15 22:7 Either/or [1] 15:12 Eliminated [1] 22:19 Ellis [5] 1:4 3:16 4:13 8:24 9:6 Emergency [1] 9:8 End [1] 7:14 Engage [1] 20:16 ESQUIRE [2] 1:16 1:18 Evidence L I J 5U:lb Exactly [3] 8:12 19:1 19:2 Examination [3] 2:3 3:10 27:4 Except [1] 3:5 Excessive [2] 20:1 20:1 Exchange [1] 8:23 Excluding [1] 21:25 Exercise [1] 24:10 Exhibit [3] 2:10 26:18 26:21 EXHIBITS [1] 2:9 Experience [1] 25:19 Expires [1] 30:23 Extensive [1] 11:15 Extremity [1] 24:22 F Fact [1] 7:8 Family [5] 16:14 16:17 16:18 16: 20 17:16 Far [5] 7:18 9:17 12:25 13:23 25:18 February [2] 18:10 18:19 Federal [1] 12:2 Felt [4] 10:6 27:13 27:22 28:5 Few [2] 3:15 10:5 Figure [2] 15:21 15:24 Fill [1] 26:15 Filling [3] 26:9 26:23 26:24 Fine [3] 3:17 5:3 25:1 First [5] 3:21 8:5 15:25 17:21 26:23 Five [1] 16:11 Flares [1] 19:17 Flights [1] 5:22 Fluid [1] 9:3 Follows [1] 3:9 Foregoing [1] 30:7 Form [1] 3:5 Forward [1] 14:3 Four [3] 13:25 14:5 26:22 Fourth [1] 27:7 [1] 22:1 Front [3] 7:14 25:20 25:23 Fully [1] 30:16 G Game [1] 19:8 Garbled [1] 4:3 [2] 5:24 6:1 Gentleman [4] 8:4 8:15 8:19 8:21 Given [2] 4:19 23:3 Glass [1] 9:3 Government [7] 11:5 11:21 12:2 13:20 14:4 14:18 15:16 Grabbed [1] 9:23 Graduate [1] 16:3 Great [3] 21:6 21:7 21:14 Grocery [2] 21:11 23:13 Grove [1] 6:22 Guess [1] 4:10 GYN [1] 16:13 H [2] 12:20 30:20 [1] 23:5 [1] 1:13 Harvey [11] 1:1 1:1 1:7 2:4 2:10 3:8 3:12 5:8 22:13 26:18 30:7 Head [2] 3:22 20:14 Headlights [2] 7:5 7:8 Healthcare [2] 18:23 20:3 Heard [1] 4:12 Heating [1] 29:3 Height [2] 12:22 13:2 [1] 24:23 [3] 3:2 3:4 30:6 [1] 30:19 Heritage [1] 17:19 Hickory [1] 5:14 High [1] 16:7 Hill [7] 7:13 7:15 7:17 8:5 8: 10 8:16 8:20 91 10:18 19:7 19:11 19:21 23:25 25:12 26:2 26:7 26:8 Hit [2] 7:14 9:22 Hmm [1] 3:23 Home [5] 5:17 5:19 5:22 6:15 24: 10 Honestly [1] 21:10 Hourly [1] 15:23 Hours [8] 13:25 14:5 14:12 14:15 14:16 14:22 14:22 15:3 House [2] 20:19 28:13 Housekeeping [1] 22:18 Housework [3] 21:25 23:6 23:7 Hurt [3] 9:23 10:4 26:1 Hurts [1] 21:12 Husband [6] 1:2 5:17 22:22 23:9 23: 14 28:7 I Idea [1] 5:19 Imagine [1] 13:16 Immediately [1] 24:24 Impact [5] 7:22 8:23 9:18 26:7 28: 10 Impacted [2] 7:21 7:25 Impair [1] 5:5 Impose [1] 20:9 Imposed [3] 20:4 20:6 29:7 Improved [2] 24:1 24:2 Improvement [2] 24:3 24:7 INC [1] 1:5 Increased [2] 14:3 15:23 Information [1] 8:24 Injuries [15] 10:16 12:6 12:13 15:8 17:6 17:25 18:4 18:9 18:24 21:5 22:20 28:9 28:11 28: 23 29:5 Instead [1] 23:11 Institute [2] 17:20 18:14 Instructions [1] 3:16 Integrative [3] 17:14 17:20 18:2 Interrogatories [2] 16:10 17:17 Intersection [1] 7:18 Intimacy [1] 28:15 Itself J Jamming [1] 26:7 Jean [4] 1:9 30:3 30:11 30:22 Jeez [1] 21:10 Jessica [1] 17:12 Job [4] 11:24 13:16 13:21 13:23 Johnson [2] 1:18 17:9 Joint [1] 26:2 JR [1] 1:18 JURY [1] 1:6 K KATHLEEN [1] 1:4 KEE [1] 1:5 Keep [6] 14:7 15:15 15:16 15:16 15:17 15:17 Kept [1] 15:13 Kevin [1] 8:22 Kind [4] 5:4 13:19 15:18 24:10 Knee [11] 9:22 9:24 9:25 10:17 10:23 19:12 23:25 25:11 25: 12 26:7 29:1 Kneecap [2] 19:6 19:20 Knot [1] 25:25 Knowledge [2] 13:1 13:22 L Last [4] 18:2 18:8 18:18 27:25 Laundry [3] 20:19 23:10 23:12 LAW [2] 1:3 1:18 Lawn [5] 5:23 5:23 5:25 22:21 23:1 Leave [12] 13:23 13:24 14:1 14: 10 14:11 14:12 14:13 14:18 14:19 15:9 15:9 15:19 Left [13] 7:20 7:20 10:17 10:19 10:23 12:20 24:1 24:22 25: 11 25:12 25:12 25:18 26:8 Leg [1] 25:21 Length [3] 21:6 21:7 21:14 Level [2] 19:9 21:11 Lexus [1] 7:2 Life [1] 24:20 Limit [1] 11:22 Limitation [1] 29:7 Limitations [3] 19:4 20:5 20:9 Line [2] 7:12 8:22 Listed [2] 16:12 17:17 Litton [4] 17:11 18:14 18:15 24:8 LLP [2] 1:12 1:15 Logistics [1] 22:16 Look [1] 27:16 Looked [1] 9:2 Lose [3] 13:2 14:17 24:20 Loss [4] 15:22 24:16 24:17 28:10 Lost [3] 13:12 13:14 24:22 Low [1] 10:6 Lower [4] 10:4 24:22 25:2 25:6 M Manning [1] 16:13 March [2] 18:10 30:24 Mark [1] 26:16 Marked [3] 2:10 26:18 26:20 Market [2] 1:12 6:18 Marriage [1] 28:12 Materials [1] 11:7 Max [1] 21:17 Maximum [2] 14:9 21:8 Mean [3] 19:2 22:2 26:11 Meaning [1] 27:14 Measured [1] 13:4 Mechanicsburg [1] 6:16 Meclizine [1] 28:21 Medical [4] 1:5 12:9 15:6 24:24 Medications [23 5:4 28:20 Medicine [3] 17:14 17:20 18:3 Met [1] 11:6 Might [4] 5:5 24:21 24:23 26:5 Millions [1] 11:18 Minute [1] 19:2 Minutes [1] 21:17 Missed [2] 12:8 17:24 Modifications [ 1 ] 11:16 Money [2] 11:21 14:24 Monies [1] 11:8 Morning [2] 19:18 23:17 Most [1] 23:9 Move [1] 12:18 Moving [1] 19:18 Mow [1] 22:21 Mower [1] 22:23 Mowing [1] 23:1 Muscles [2] 25:22 25:23 N N-o-u-s-e [1] 8:22 Name [3] 2:3 5:8 8:7 Names [2] 6:14 8:18 Navy [2] 6:15 11:1 Nearly [1] 28:19 [6] 9:23 10:2 10:9 10:12 10:21 25:4 Need 121 Needed 4:25 Ne eeded [1] 16:17 Never [2] 6:7 15:5 Next [2] 9:24 20:14 Noise [1] 4:5 [2] 22:17 22:18 Non-housekeeping [1] 22:18 Non-work [1] 22:17 Normal [1] 20:2 Normally [2] 26:15 28:14 Notary [4] 1:10 30:3 30:11 30:23 [1] 4:21 Notes [1] 30:17 Nothing [2] 16:15 28:24 Nouse [1] 8:22 Nowhere [1] 7:14 O Oaths [1] 30:4 OB [1] 16:13 OB-GYN [1] 16:13 Objections [1] 3:5 Obligate [1] 11:21 Occasionally [2] 25:1 29:3 October [1] 18:5 Office [2] 12:17 17:9 Officer [1] 9:14 Officers [1] 11:20 OFFICES [1] 1:18 Often [2] 22:8 28:19 One [8] 1:12 7:24 8:5 8:16 14 20 17:13 23:11 27:16 Opposite [1] 7:19 Organizations [1] 23:19 Orthopedic [2] 17:19 18:14 Outside [1] 25:19 Overdo [1] 19:16 Own [2] 5:17 9:18 P Pad [1] 29:3 Page [2] 27:3 27:7 Pages [2] 26:22 26:23 Paid [2] 14:19 14:24 Pain [7] 9:25 12:15 19:3 19:6 19:9 21:11 28:24 Painful [2] 12:18 19:24 Paperwork [2] 11:12 11:15 Part [2] 9:18 25:5 Parties [1] 3:3 Past [4] 7:13 7:15 7:16 7:19 Paula [6] 1:1 1:7 2:4 3:8 5:8 30: 7 Pay [1] 14:13 Pennsylvania [5] 1:1 1:13 17:20 30:1 30: 5 People [3] 9:8 9:8 13:2 Per [2] 12:9 14:14 Percent [2] 23:13 29:12 Perfectly [1] 4:12 Performing [1] 12:14 Period [1] 14:13 Phone [1] 9:4 Physician [2] 17:21 18:3 Physicians [1] 20:9 Pick [1] 6:18 Place [4] 1:12 6:9 9:4 18:15 PLAINTIFFS [2] 1:2 1:17 PLEAS [1] 1:1 Plowed [1] 9:16 Police [3] 8:8 9:5 9:7 Pop [1] 25:7 Post [1] 16:7 Practice [2] 16:21 17:18 Practitioners [1] 18:23 Preceding [1] 16:12 Preliminary [1] 3:15 Present [1] 18:7 Pretty [1] 23:4 Problem [3] 25:4 25:6 26:8 Problems [3] 10:9 10:12 12:7 Proceedings [1] 30:15 PRODUCED [1] 2:10 Program [1] 24:11 Providers [1] 20:3 Public [4] 1:10 30:3 30:12 30:23 Purse [1] 9:4 Put [1] 3:20 Q Quantify [1] 28:18 Questionnaire [3] 2:11 26:9 26:17 Questions [5] 3:18 3:19 5:6 12:19 30: 10 Quick [1] 23:4 Quit [1] 20:24 Quite [3] 11:15 12:18 14:22 R Range [2] 11:16 19:7 Rate [1] 15:23 Reach [1] 24:3 Reached Read [3] 8:14 8:18 27:15 Real [1] 23:4 Realize [1] 13:3 Realized [1] 9:9 Really [6] 9:24 19:18 22:2 22:2 23:17 27:13 Reason [2] 5:1 22:19 Recollection [1] 7:11 Record [3] 3:20 13:17 15:13 Records [1] 15:16 Recreation [3] 20:18 20:20 20:23 Recreationally [2] 20:16 20:17 Reduced [1] 30:12 Reference [1] 23:25 Regular [1] 6:20 Rehabilitation [1] 17:22 Relate [1] 21:4 Related [1] 28:23 Remember [4] 9:13 9:14 25:14 26:24 Renyo [2] 25:14 25:16 Rephrase [1] 4:8 Report [2] 8:9 8:13 Reporter [6] 1:9 30:3 30:11 30:11 30:14 30:22 Reserved [1] 3:6 Reside [2] 5:13 6:3 Resided [1] 5:15 Respective [1] 3:3 Responses [1] 15:22 Responsibilities [2] 11:3 28:8 Restrictions [2] 20:5 20:10 Result [1] 23:7 Retirement [3] 12:4 14:23 15:1 Retrieved [1] 9:4 RHOADS [2] 1:12 1:15 Richard [1] 8:19 Riding [1] 22:23 Road [8] 5:14 6:22 7:13 7:15 7: 17 8:16 8:20 9:3 Room [1] 5:2 Rough [2] 19:18 20:7 Route [3] 6:17 6:19 6:20 Roy [2] 1:18 3:12 Running [1] 9:3 RX300 [1] 7:2 S Saturday [1] 23:17 Saw [7] 7:25 17:5 17:7 17:9 17: 11 17:11 17:11 Scale [2] 19:13 19:24 Scheduled [1] 18:22 Schedules [2] 22:10 22:11 School [1] 16:7 Seal [1] 30:20 Sealing [1] 3:3 Seatbelt [1] 9:23 Security [1] 13:19 See [2] 7:21 18:18 Seeing [3] 24:5 25:1 25:14 Sense [1] 4:4 SEPTEMBER [1] 1:11 Service [1] 14:18 Services [2] 1:5 17:22 Setting [1] 12:17 Setzer [1] 16:20 Setzer's [1] 17:9 Sexual [1] 28:15 Shake [1] 3:22 Shopping [3] 21:11 23:2 23:13 Shows [4] 20:18 21:19 21:20 23:1 Sick [6] 13:23 13:24 13:25 14: 10 14:19 15:9 Side [2] 8:3 24:1 Sign [1] 11:20 Similar [1] 27:8 SINON [2] 1:12 1:15 Sit [3] 12:17 19:1 21:17 Situation [1] 5:5 Six [1] 12:3 Size [2] 5:20 5:21 Small [1] 11:17 Someone [1] 9:15 Sometimes [4] 6:21 6:22 19:17 21:12 Sorry [1] 19:10 Sound [1] 6:12 South [2] 1:12 6:19 Special [1] 13:20 Specialist [1] 11:1 Sport [1] 7:3 SQUARE [1] 1:12 SS [1] 301 Stage [1] 198 Stairs [1] 5:22 Stand [1] 21:7 Standing [1] 21:13 STATE [1] 30:1 Statement [1] 29:8 Stayed (2] 12:24 13:6 Steering [1] 9:22 Stenographer [2] 3:19 26:20 Stenographic [1] 3:20 Stenographically [1] 30:10 Steps [1] 23:12 Stipulated [1] 3:2 STIPULATION [1] 3:1 Street [1] 6:18 Streets [1] 8:3 Stress [1] 24:21 Stretched [1] 19:19 Stretches [1] 24:14 Structure [1] 5:20 Stuff [1] 20:24 Subscribed [1] 30:20 Subtracted [1] 11:8 Suffered [1] 12:13 Suffering [1] 19:1 Supplied [1] 15:23 Swear [1] 9:10 Sworn [2] 3:9 30:9 Symptoms [1] 23:24 T Taught [1] 24:15 Terms [1] 11:6 Terry [3] 1:1 17:9 23:9 Testified [1] 3:9 Testimony [2] 30:7 30:19 Therapy [1] 24:15 Thigh [8] 10:17 10:19 19:7 19:10 19:21 23:25 25:12 25:18 Thinking [1] 9:11 Third [1] 27:3 Today [3] 3:13 5:5 19:2 Took [2] 6:9 15:6 Top [7] 10:17 10:19 19:7 19:10 19:21 23:25 25:21 Totality [1] 12:1 Totally [1] 22:22 Tough [1] 21:11 Toward [2] 14:23 14:25 Traffic [2] 7:12 8:22 Transcript [1] 30:18 Traveling [1] 7:12 Treat [2] 18:2 18:8 Treating [1] 17:24 Treatment [4] 15:7 17:5 25:5 29:4 Trial [3] 1:6 3:6 30:6 Tricky [1] 14:20 Trip [1] 23:5 Tristan [1] 17:21 Try [2] 4:8 4:11 Turn [2] 7:5 7:20 Turned [1] 9:13 Turning [1] 7:20 Twenty [1] 12:3 Twenty-six [1] 12:3 Two [6] 5:2 5:22 8:3 13:25 14: 4 26:23 Tylenol [1] 28:25 Type [3] 5:19 7:1 20:15 Typewriting [1] 30:13 Typical [1] 3:23 U Um-hmm [1] 3:23 Uncomfortable [2] 4:5 19:24 Under [1] 30:13 Understandable [1] 4:12 Understood [1] 4:18 Unpaid [1] 15:18 Unused [2] 14:19 14:24 Up [11] 6:18 7:18 12:18 19:17 19:17 20:23 23:3 23:12 23: 17 25:25 26:7 Utility [1] 7:3 V Vacuuming [1] 23:10 Vehicle [3] 7:1 7:21 9:19 Vehicles [2] 7:24 8:2 Voice [1] 4:4 VS [1] 1:3 W Waived [1] 3:4 Walk [2] 21:6 21:9 Walked (1] 9:14 Walking [2] 21:23 23:5 Warehouse [1] 22:14 Warrant [2] 11:20 11:23 Watch [1] 29:9 Weekend [1] 23:11 Weeks [2] 13:25 14:4 Weidner [9] 1:18 2:5 3:11 3:12 8: 17 26:16 26:19 27:18 29:14 Weight [7] 13:5 13:12 13:14 24:16 24:17 24:20 24:22 Whereof [1] 30:19 Whole [1] 22:3 Wife [1] 1:1 Williams [6] 6:22 17:12 17:13 20:6 24:5 26:6 Williams' [ 1 ] 29:8 Winding [7] 7:13 715 7:17 8:5 8: 10 8:16 8:20 Witness [6] 2:2 3:8 8:15 27:17 29: 16 30:9 Woodland [2] 5:24 5:25 Words [1] 3:22 Works [1] 22:14 Writing [7] 26:24 27:1 27:2 27:4 27:8 27:8 27:17 Y Year [4] 14:14 14:15 16:1 16:5 Years [11] 11:25 12:1 14:6 16:11 17:2 17:3 17:4 27:13 27:22 27:25 28:5 ? ?xkibf-f s 0 BECHER CHIROPRACTIC Welcome to our office! We are pleased to have you as a patient and hope to make your visit today a very pleas- ant experience. Please ask us if you have any questions. We look forward to a healthy relationship with you. •?7`• ?`7°d?",EiG?. EMPLOYER ADDRESS 1lo GiG ?U? ??,?4 CI EMPLOYER'S ADDRESS /Y?611_ c1TYisTA? iCdG? S c -x 17_1)/9 JOB TITLE HOME PHONE !`?J,;?'g (3?/4 WORK PHONE '21/ INSURANCE CO. yi?L lt.?,l?L? AGE SPOUSE'S NAME /.c %? l2iLl?= y BIRTHDATE // Af- MARITAL STATUS: S OW D Sep. SPOUSE'S EMPLOYER SOCIAL SECURITY # /&, 9- -1/ Y--Y,3 NUMBER OF CHILDR/EN AGES PERSON RESPONSIBLE FOR THIS ACCOUNT /,'? • 1. Who may we thank for referring you? 2. Have you ever been to a chiropractor? T? 3. What health problems are you currently experiencing? 1,,0Zdf k,6-A C4 V- A/;,?Fe 4 4. When did you first notice it? _ "/V x6 e• 5. Is this related to an auto accident? ? Yes d1-No Work Injury? ? Yes ?-No"' If yes, has a claim been filed? 6. Have you missed any work due to this problem? 7. Have you seen any other doctors? ? A X01 8. What did he or she recommend? e,-#T 9. Does anyone else in your family have the same or similar problem? Who? A/a• 10. Have you been treated for any other health problems within the last year? /V10 . 10 What? 11. What medications are you taking? /?? •G/? /? ??i%'? 'mil ?f =ry??? 12. What surgery have you had? 13. Hobbies and interests? ""'?"' Date of Last Physical Examination _ Please mark your areas of pain on the figures below. • ---- R? . -"Q (R) (L) HABITS: Heavy Alcohol- . Coffee Tobacco Moderate Light. None Exercise Sleep Appetite Have you ever suffered from: Allergies Itching Dl iiness Fatigue Headaches Eye Problems Nose Problems Ear. Problems Frequent Colds Chronic Sinus Problems F a 5 Stomach or Digestion Problems Elimination Problems Heart Problems Circulation Problems High Blood Pressure Low Blood Pressure Difficulty Breathing Stroke Cancer Urinary Problems Menstrual Problems Nervousness/Depression Arthritis Neck Pain or Stiffness Low Back Pain Foot Trouble Swollen Joints Tingling or Numbness in Shoulders Hips Arms Legs Elbows Knees Hands Feet Female Patients Only: Are you pregnant or actively trying to get pregnant? Ko I hereby request and authorize the above named doctor/clinic to perform diagnostic tests and render chiropractic adjustments and other treatment to myself (my child). I also authorize the release of any information concerning my (or my child's) healthcare for the purpose of filing claims for insurance benefits. I authorize payment of insurance benefits directly to the doctor and agree to remain fully responsible for all chiroprac- tic costs regardless of insurance coverage. Today's Date (or Parent, if minor) Rt"'TINE CHIROPRACTIC EXAMINt 'ON -"SPINAL PALPATION M. SPASM EXAM 1 TENDERNESS fIENT L R L R C 1 C 2 . C 3 C 4 rE C 5 C 6 C T ? (R) TRAP '_SE (R) T 1 IGHT (IN.) 4 T 2 IGHT (LB) 1Ju T 3 AL SCALES T 4 T5 T 6 T 7 TING T 8 TO HALL V T 9 T10 RV. FLEX 60 T11 EXT 50 ?' T12 R LAT 40 61- L 1 L R ROT 80 ? L 3 L 80 L a L 5 k' R COMPR :OR COMPR LISTINGS - AAX EXT COMPR `-J MtSC.'- • M. SPASM EXAM 2 TENDERNESS At-40ING L R L R ) TILT R L R_ L C 1 _ r_ Ft L`-R _ C 2 C 3 LVIS L C 4 ,AMS ' C 5 FLEX 90 C 6 EXT 30 s= C 7 R LAT 20 TRAP L T 1 R ROT 30 T 2 L T 3 T4 T5 T 6 T 7 PINE T 8 ASEQUES T 9 ' V T10 lEG LOW T11 T12 L l L 2 ENE L 3 )RT LEG L _ R_ L- R- L 4 w N T "'?- L 5 S-1 LISTINGS- MISC. - :S: ?-WNL; P-PAIN; R-RT; L-LT; 1-INCR; I-DECR 7 z --u- P:' ?NT:,.,A .? ``. STING DR OR CA: PRE-CONSULTATION Introduce self ferral T-U. ...1/2 as much ?et read history... problem needs our .erious attention We have found that major cause of complaints like yours and other illnesses caused by condition called VS VS is... irritates nerves exiting spine this can affect any part of body 6. VS caused by falls, stress, acc's, posture 7. If we find VS, we'll be*able to help 8. Correcting misalignment causes symptoms to go away 9. If we find something we can help. Are you committed to correcting it? 10. OR let's get all the details of what you're feeling CONSULTATION your a at i s ** W• - t. _T 1. M / ** 2 ** -- jor complaint ow me where you el it (Touch area) Lx S? - diate? Mark location en did you first , tice it? Accident, How d it happen?) (Give PI J G WC form if applicable ve you had to as any work? k^- I* How long? had it before? en? tting Better Worse? at are you doing r it? Other Dr's? s it helped? at other problems ** 3 ** ** 4 ** e you having? there anything se? How long has it been since you really felt good? .2,t - What accidents did you have as a child? - ?l What bones have you broken? n-? When was you last car accident? How fast? Type Were you checked afterwards by a'thiroprfictor? es No Py:,24 Any other car accidents? es o What sport injuries have you had? 0 , 1_2 V ERRATA 04 Harvey v. Ellis CAPTION Paula A. Harvey NAME OF DEPONENT 9/13/05 DATE OF DEPOSITION Jean M. Davis. REPORTER I hereby certify that i have read the foregoing deposition and that to the best of ray knowledge, it is true and correct, with the exception of the following correction(s): PAGE LINE CORRECTION _ _-- - - - __,__- -_-__-- V • A IA' J ' _77 1 ?2 Jllo T fk6r(5 cv Z i -viz DC? G 01V / / A,,b _L III I I 1 II i I i I I DATE DATE SIGNATURE F DEPONEN T NOTARY PUBLIC Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 By: Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com PAULA A. HARVEY and TERRY HARVEY, wife and husband, Plaintiffs V. KATHLEEN E. ELLIS and KEE MEDICAL SERVICES, INC., Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-06241 CIVIL ACTION - LAW JURY TRIAL DEMANDED CASE 6 - JUDGE OLER TO THE PROTHONOTARY: PRAEC/PE Please file the attached Deposition Transcript as of record in the above-referenced matter. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER DATE: illy r anno 14 CERTIFICATE OF SERVICE Vh AND NOW, this day of April, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing praecipe upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: David B. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFLE, STEWART & WEIDNER By: 4iche?lle H. Spangler :295466 22740-1933 It ,\N. I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PAULA A. HARVEY AND TERRY HARVEY, WIFE AND HUSBAND, PLAINTIFFS VS . KATHLEEN E. ELLIS, AND KEE MEDICAL SERVICES, INC., DEFENDANTS VIDEO DEPOSITION OF: TAKEN BY: NO. 04-06241 JESSICA WILLIAMS, M.D. PLAINTIFFS BEFORE: TORR PIZZILLO, VIDEO OPERATOR MELISSA FLINN, REPORTER NOTARY PUBLIC DATE: MARCH 30, 2007, 2:31 P.M. PLACE: INTEGRATIVE MEDICINE PHYSICIAN CENTER 899 SOUTH ARLINGTON AVENUE HARRISBURG, PENNSYLVANIA APPEARANCES: RHOADS & SINON LLP BY: DAVID B. DOWLING, ESQUIRE FOR - PLAINTIFFS ??C sT ? ?'°RD BYLAW OCFIROY WEIDNERSOJRDUFESQUIRE N, 4 FOR - DEFENDANTS GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2- 24 2E TABLE OF CONTENTS WITNESS FOR PLAINTIFFS DIRECT CROSS REDIRECT Jessica Williams, M.D. 4,10 8(qual)26 30 EXHIBIT INDEX MAR Williams 1 Curriculum Vitae 3 2 December 5, 2005 Dr. Williams' Report 11 GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Jessica Williams, M.D. Curriculum Vitae marked as Williams Exhibit Number 1.) VIDEO OPERATOR: We are now on-camera. This is tape number 1. The camera operator is Torr Pizzillo and the court reporter is Melissa Flinn, both representing the firm of Geiger and Loria Reporting Service, main office located at 2408 Park Drive, Suite B, Harrisburg, Pennsylvania. The date today is March 30, year 2007, and the time is 2:32 p.m. We are assembled at 899 South Arlington Avenue, Harrisburg, Pennsylvania, for the purpose of taking the deposition of Jessica Williams, M.D. The deposition is being taken on behalf of the plaintiff in the matter of Paula A. Harvey, et al versus Kathleen Ellis, et al. Counsel will now introduce themselves and whom they represent. MR. DOWLING: David Dowling on behalf of the plaintiffs. MR. WEIDNER: Roy Weidner on behalf of the defendants. VIDEO OPERATOR: You may now swear in the witness. GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JESSICA WILLIAMS, M.D., called as a witness, being sworn, testified as follows: DIRECT EXAMINATION BY MR. DOWLING: Q Before we actually have you begin talking about your patient, Paula Harvey, we need to ask you some questions about your background and qualifications. To that end, before you is marked Exhibit Number 1, which I believe is a copy of your curriculum vitae; is that correct? A That's correct. Q Doctor, first of all, are you a medical physician? A Yes, I am. Q Do you have any specialties within the medical field? A I specialize in pain management -- pain is p-a-i-n -- I have some accent -- so pain management with medical acupuncture and in other modalities. Q Could you relate to us your education following medical school. A Well, I did a residency at Third GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Teaching Hospital of Beijing Medical University in neurology. Q What is a residency? A Residency is teaching postgraduate training for doctors before they can practice independently. Q What was your residency in? A In neurology. Q What, briefly, is neurology? A That specialize in nerves, spine, in the brain, that area. Q After your residency in neurology, did you obtain a subsequent degree at Penn State University? A Yes, I did. I was a Ph.D. candidate in Hershey Medical Center as neuroscience and pharmacology major; however, I did not finish my Ph.D. I discontinued the program. I got a master in neuroscience and pharmacology. Q Did you then begin an internship in what's called internal medicine? A Yes, I did. I did three-year internship at York Hospital, Pennsylvania in internal medicine and then I took the board certification exam for internal medicine and be GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 6 1 2 3 4 5 6 7 8 9 10 11 12 13 certified in internal medicine. Q So you are board certified in internal medicine? A That's correct. Q Could you describe just briefly the field of internal medicine. A Internal medicine is a specialty, take care adult patients with nonsurgical problems and their organ involve most, pretty much every aspect of human body, their problems and their conditions. Q After you became board certified in internal medicine, did you undertake additional training at UCLA School of Medicine? A Yes, I did. I started practice acupuncture while I was 17 in China; however, in Pennsylvania, it is requirement for physician, M.D.s to practice acupuncture to get certain amount of education before you're allowed to practice acupuncture by medical board of Pennsylvania. So I studied in UCLA for 300 hours of continued education in medical acupuncture to meet the requirement, so I am a registered physician acupuncturist in Pennsylvania. Q And Pennsylvania requires licensure for that? 14 15 16 17 18 19 20 21 22 23 24 25 GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 7 1 2 3 4 5 6 A Yes. Q And you are licensed? A Yes. Q Could you describe for us briefly your work experience. A After internal medical residency, I worked at Memorial Hospital for one-half years. Q Where is Memorial Hospital? A That's in York, Pennsylvania; and I then worked at medical director in Concentra Medical Center in Mechanicsburg, Pennsylvania; and then I started my own practice in 2001 specializing in pain management, p-a-i-n, mostly using acupuncture and other modalities to treat people with nonsurgical pain, which meaning the condition cannot be treated with surgery, many of them are result of injury. Q Is that primarily what your practice consists of today? 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes, that's correct. Q Without, obviously, divulging names, what are the types of patients that you might treat? A Well, I treat patient with pain problem as regard to work-related injury, auto GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 accident-related injury, or any other sports injury or personal injury; or another chronic pain problem which patient is nonresponsive to conventional medicine for chronic joint pain, back, neck pain, or basically any type of pain chronic pain condition. Q Would some of your patients include physicians? A Yes. Q And was one of your patients beginning in the year 2004 Mrs. Paula Harvey? A Yes. MR. DOWLING: I would offer Dr. Williams as an expert. MR. WEIDNER: In what? MR. DOWLING: In the field of pain management and rehabilitative medicine. MR. WEIDNER: I have a few questions. CROSS-EXAMINATION AS TO QUALIFICATIONS BY MR. WEIDNER: Q Dr. Williams, you're not an orthopaedic surgeon; is that correct? A No, I'm not. GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q You've never operated on bones and joints, have you? A No. Q You've not studied orthopaedic medicine? A No. Q Orthopaedic medicine deals with treatment of the bones, joints; is that correct? A That's correct? Q Is the primary focus of your practice acupuncture? A Acupuncture and pain management. Q Do you treat things other than pain using acupuncture? A Yes, I do. Q Does this include digestive disorders? A That's correct, yes. Q Respiratory disorders? A Yes. Q Urinary, menstrual, gynecological and reproductive disorders? A Yes. Q Tension, stress, emotional conditions? A Yes, the major -- I'm sorry. Q Eye, ear, skin problems? GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Smoking cessation? A Yes. Q All of this with acupuncture? A That's correct. Q And you mentioned other modalities. What other modalities do you use in the practice of your specialty? A Trigger point injections and nerve blocks. Q You're certified in internal medicine; is that correct? A That's correct. Q You've not been certified in pain management by any board, have you? A No. MR. WEIDNER: I'll stipulate that she is an expert in pain management and acupuncture. DIRECT EXAMINATION (CONT'D) BY MR. DOWLING: Q Just a few follow-up questions. Doctor, are you also a board certified independent medical examiner? GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 11 1 2 3 4 5 6 7 8 9 10 11 A Yes, that's correct. Q What does that mean? A That's a physician who perform exam on patient who had either injury or medical conditions, has been treated, and to see what status of their functional status is, to give opinion of their status. Q During defense counsel's question, you started to say the majority of your practice consists of what? A Majority of my patient are pain patient, chronic pain patient. Q Chronic pain patients? A Right, the patient that has been treated by conventional medicine such as orthopaedics, family physician, conventional pain medicine physician, has not responded, and that's majority of my patient population. Q Have you previously testified and given depositions before? A Yes. (Jessica Williams, M.D. 12/5/05 report marked as Williams Exhibit Number 2.) BY MR. DOWLING: Q Doctor, the second exhibit that you 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have before you is a written report that you authored in this case concerning Paula Harvey. A That's correct. Q Doctor, we're going to go through your report and some of the treatment records. I'm going to as k you -- and you'll be giving certain opinions -- and I would ask you if when you state those opini ons, whether or not they are to a reasonable degree of medical certainty; okay? A Uh-huh, yes. Q We will assume, unless you tell us otherwise, that those opinions are so stated. All right? A That's correct. Q When Mrs. Harvey came to see you, had she been to another physician or physicians first? A Yes. She was first seen by her family physician. Q Was that the Bowmansdale Family Practice? A That's correct. Q When was she seen by them? A She was seen by them on, I believe December 30, 2002. Q When she was seen by them, what was GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 her issue or problem? A She was complaining, her -- she had a motor vehicle accident and complained of left knee pain. Q Do the records indicate that she was walking with a limp at that time? A Yes. Q What, at least at that time in December 30, 2002, which was about two weeks after the accident, what type of treatment was being prescribed for her by Bowmansdale Family Practice? MR. WEIDNER: I'm going to object. VIDEO OPERATOR: We are now going off-camera. The time is 2:44. MR. WEIDNER: I'm going to object to reading other practitioner's medical records into the record. MR. DOWLING: Okay. I will ask the physician if in the course of preparing for today's deposition that it's routine and customary for her to read and rely upon the reports and records of other physicians. MR. WEIDNER: I agree that she can read and rely on other physicians' reports; she can't parrot them into the record here today. She GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 lE 17 1E is 2C 21 2L 2- 24 2` can say she reviewed the records of XYZ practitioner and considered them in giving her opinions here today. MR. DOWLING: I think she can explain in summary fashion what those records indicate rather than simply saying I read the records. I think it would be kind of pointless to say I read them and not have her explain what she read. MR. WEIDNER: Okay. I have the objection. VIDEO OPERATOR: We are now back on-camera. The time is 2:45. BY MR. DOWLING: Q Doctor, why don't we -- she was seen by Bowmansdale Family Practice on December 30, 2002; is that correct? A That's correct. Q When was she next seen by Bowmansdale Family Practice for matters related to her left knee? A She was seen June 30, 2003. Q Generally, what was her condition at that time? A Again, she was complaining continued anterior left knee pain. GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 , 15 1 Q Anterior left knee pain? A Anterior left knee pain. Q Is that the front of the knee? A Yeah, that's front of knee, following the motor ve hicle accident on D ecember 16, 2002. Q Was -- strike that . Did the records indicate if the family practice referred her to an orthopaedic specialist? A Yes, they did. Q Did she, in fact, see orthopaedic specialists? A Yes. Q The group, I belie ve, is called OIP? A That's correct. Q What is the first reference, the first date she saw , I think it was a Dr. Litton? A Yes. Q For OIP? A That was July 17, 2003. Q Do you know if Dr. Litton prescribed any treatmen t for her? A Yes, she was given Bextra, 20 milligram ea ch day; she was tol d to follow-up in six weeks. Q Did she indeed go back to the same 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 16 1 L 4 r, E 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 group, but see a different orthopaedic surgeon, I believe it was on August 22nd? A Yes. Q Doctor, there's reference in the orthopaedic records, and I think you'll testify about this, to a condition known as traumatic -- is it chondromalacia? A Yes, that's correct. Q Could you explain to us what that is. A Well, that basically is softening of the cartilage, or roughening of the cartilage between patella, which is the kneecap, and anterior surface of the femoral, which is the hip bone. I can show with this picture of the knee. Okay. Now, this is a picture of the knee with patella flip down. Patella is a kneecap, and there's a cartilage between the kneecap and the femoral, which is, we call the upper leg or the thigh. And chondromalacia is the cartilage between these two bone, become very soft, sometime have a lot of bubbles that the result is that the sliding between the two bone become very uneven, almost like grinding the surface of the bone, so causes pain with the knee of the patient. Q Are there different grades of GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 chondromalacia? A Yes. There's a grade I, II, III, and to describing how severe they are, I believe my patient, Mrs. Harvey, was grade II to III. Q Do the records indicate that Mrs. Harvey went back to see Dr. Boal in September of 2003? A Yes. Q Do you know if the orthopaedic surgeons performed any injections? A Yes, I think that was on September 2, 2003, Dr. Boal give Mrs. Harvey a left knee steroid injection into her left knee. Q Is that a typical treatment that an orthopaedic physician might undertake? A Yes. Q The records that I think that you have and reviewed show that Mrs. Harvey went back to Dr. Boal on January 12th of 2004. A Yes, that's correct. Q And there's reference to a word, and I think this is in your report also, called crepitation. A Yes. Q Did you find crepitation also? GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 A I believe so. Q What is crepitation? A Crepitation is the sound caused grinding between two surface of the bone. Q I believe that Mrs. Harvey saw the orthopaedic surgeon in February of 2004 and then she came to see you, I believe, for the first time on March 9, 2004. A Yes. Q So we're now about one year and three months after the accident. A That's correct. Q Doctor, do you have your report in front of you? A Yes, I do. Q Could you explain to us by reviewing your report the history that you took from the patient and what her symptoms and complaints were. A Okay. Mrs. Harvey was seen in my office on March 9, 2004, with complaint of left hip pain, left knee pain as result of motor vehicle accident on December 16, 2002. Mrs. Harvey told me at that time she was restrained driver, driving approximately at 40 mile per hour when she was struck by another vehicle from the driver side when GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 19 1 2 3 4 5 6 7 another vehicle made a sudden left turn, cut right in front of her vehicle. Her air bag did deploy. Her left knee hit the steering wheel. She was initially seen by her family physician; later seen by Dr. Litton and Dr. Boal. Q We've gone through -- A Yeah, we went through those. Q Okay. A Her left MRI from August 26, 2003, reviewed left knee joint effusion. Q What is joint effusion? A That's like a solution of water, fluid inside the knee, with small multiloculated Baker cyst and probable grade II to III chondromalacia of the patella. Mrs. Harvey was treated with antiinflammatory medication without any improvement. She continued to have constant aching pain involved area under her left knee patella; that's the knee cap. Initial interview, Mrs. Harvey describe her left knee pain as constant aching pain with intermittent worsening. The pain increased with walking, extending and activities. There was also a weather factor, 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 215 GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 20 1 2 3 4 5 6 7 8 9 meaning on the cold or bad weather, she would feel worse. She graded her left knee pain as five out of ten on average and eight of ten as its worse on zero to ten maximum pain scale. She was taking regular Tylenol tablet, which is 325 milligram, each tablet, averaging eight tablet every 24 hours to maintain the pain to tolerable level. Mrs. Harvey also developed left hip pain soon after the motor vehicle accident on December 16, 2002. And she described her left hip pain as localized, left groin area. Q Left groin area? A Left groin area with feeling of bone- on-bone friction. She told me at that time her left hip pain was constant with intermittent worsening. It was aching and dull pain in nature. She grade them as three to five out of ten on average, and seven to eight out of ten as its 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 worse. Mrs. Harvey also had a history of low back pain for ten years and had been seeing her chiropractor. She told me on the first office visit that her low back pain was resolving prior to her motor vehicle accident; however, her low back GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 21 pain was significantly worsened after the accident on December 16, 2002. Immediately after the accident, she was seen by her chiropractor two to three time a week due to exacerbation of her low back pain. She told me her low back pain did get improvement with her chiropractic treatment and the treatment has been cutting down to once a week to once every two to three weeks prior to come to my office. Mrs. Harvey also told me that her constant left hip pain and knee pain has significantly affect her daily activities. Mrs. Harvey told me that she did gain some weight since she stopped smoking years -- a year ago; otherwise, she has unremarkable past med history. She denied any history of left hip, left knee problem or injury prior to the auto accident in December of 2002. Q Doctor, just to stop you for a second, the records that you've looked at from her past, was there any indication that before the accident she had left knee pain? A No. Q Okay. Could you describe for us the course of treatment that you prescribed for her, GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 22 telling us essentially when it began and when it ended. A Well, we started treatment on the day of the first visit, March 9, 2004. The treatment consisted of acupuncture. Let me explain a little bit about acupuncture. Acupuncture is treatment Chinese people have been using for more than two thousand years. We basically use the needle -- I can show you, and those are the needles, those are five needles and each needle are like that, okay. They're different size, different lengths and different sickness and those are the one we use for Mrs. Harvey. I insert this needle to a certain point on her body and leave them there for certain period of time, on average about 30 minutes, and during that 30 minutes I may manipulate the needle intermittently. And then at 30 minutes, we take the needle out and that's usually one session of the acupuncture treatment. We also touch some electric stimulation to the needle to increase stimulation to the body through the acupuncture needle. That's basically is, what is about acupuncture. Q Doctor, during the time you were GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 23 treating her, did you also prescribe a course of physical therapy for her? A I did. Q Did that essentially begin March of '04 through September of '04? A Yes. Q Roughly, how many treatments did you undertake for her? A My treatment? Q Yes. A I didn't count exactly. Approximately... Q Well, how many a week, roughly? A Well, we did -- beginning we did two to three treatment a week and with her improvement, the treatment frequency was gradually taper off once a week, sometimes once every two weeks. Q At the end of your treatment, had she improved? A Yes, she made significant improvement with her left knee and hip pain; however, was not complete pain free. Q Your notes would indicate that the pain was resolving, but had not completely gone away? GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 A That's correct. Q Doctor, with respect to the left knee, do you have a prognosis for the condition of the knee and how long it will bother her? A Um, regarding to prognosis of left knee, she has grade II to III chondromalacia of the patella. The articular cartilage has limited capacity repair, so the condition will be most likely lifelong. She will have intermittent left knee pain flare-ups at times with increased pain and good days and bad days. Q Was this condition caused by the accident of December of '02? A Yes. Q When she was discharged from your care, did you tell her that she should continue doing any exercises or therapy at home? A Yes. Q Did you instruct her that she should basically continue the kind of exercises she was doing during physical therapy? A Yes. Q Doctor, there's a reference in your report to the left hip. A Yes. GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 Q Now, in your review of the records, am I correct that there was not a complaint, at least voiced to a physician, of left hip pain until she saw you? A That's correct. Q So would I be correct that to a reasonable degree of medical certainty, you're not prepared to say the left hip pain definitively came from the accident? A No. Well, could be, but since review the records from another physician she saw prior to she came to my office, there was no -- she -- there's no indication she complained of left hip pain. So I'm not sure I can say that with certain medical -- I mean certain medical, degree of medical certainty that the left hip is due to the motor vehicle accident. Q You can say that, though, to a reasonable degree of medical certainty for the left knee? A Yes. Q Just one final question, Doctor: Do you believe whatever bills you prescribed or generated for this were reasonable? A Yes. GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Q Do you believe your services were necessary? A Yes. Q In fact, if I'm correct, the pain, at least as described to you, improved over the course of your treatment? A Yes, that's correct. MR. DOWLING: You may cross. CROSS-EXAMINATION BY MR. WEIDNER: Q I believe your -- strike that. You testified about reviewing some records from other physicians; correct? A Yes. Q Where did you get those records? A I got from... Q Mr. Dowling? A Yes. Q When did you get them? A I got recently. Actually, some of them from yesterday, a carrier sent to me. Q So you did not have them at the time that you wrote your December 5, 2005, report; GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 correct? A As far as I remember, no. Q So you didn't give them -- obviously, you couldn't consider them when writing your report? A That's correct. Q And the correct -- and the report essentially is what you read from today when you were giving your testimony; is that correct? A Repeat that question. Q When you testified today about your history with Mrs. Harvey and your opinions about her, you were essentially reading from your report; is that correct? A For the most part. Q You haven't seen her for approximately two and a half years, have you? A That's correct. Q You also treated her with Moxa; is that correct? A Yes. Q What is Moxa? A Moxa is, it's a part of acupuncture treatment, sometimes we use, is dry, is a variety of dry Chinese herb made into a material such like GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 2- 24 2` a cigar. And we light them up and hit certain point of, on patient's body, certain acupuncture point or hit the acupuncture needle on patient's body. Q So that's like a heat treatment? A Well, it's different because it is, the heat come from the herb. It's different from just the heating treatment. Q Let's look at your last office note, October 19, 2004. A Okay. (Indicating.) VIDEO OPERATOR: We are now going off-camera. The time is 3:05. MR. DOWLING: I have a copy. VIDEO OPERATOR: We are now back on-camera. The time is 3:05 BY MR. WEIDNER: Q Tell me if I'm reading this correctly. First of all, it's your handwriting on this note; is that correct? A That's correct. Q The patient reports she has been relatively well with her hip and knee overall over last three weeks after last treatment. She reports overall 90 percent improvement with her hip, GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 knee -- and knee pain; is that correct? A Yes. Q That's your last visit with her, two and a half y ears ago? A Yes. Q As an addendum to that visit, you wrote on the following page -- and tell me if I'm reading this correctly -- addendum, The patient is very happy a nd thankful with the result of the treatment. In view of having significant improvement, she would like to confine -- A Continue -- Q -- continue home exercise program herself at h ome to further strengthening her left quadricep -- A Muscle. Q -- muscle. She feels that she may always have occasional achy pain of the hip, knee due to the arthritis. I agreed with her request and will discharge the patient; correct? A That's correct. Q And that's the last time you saw her? A Yes. Q Throughout your treatment of Mrs. Harvey, she made significant improvement GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 consistently, did she not? A Without looking at notes, some -- I do remember some patient have some setback occasionally, then go back to get bet -- continue better. Overall, the direction is continued improvement. Q Right. If you drew a line on the peaks A Right, absolutely. Q They'd be straight up; correct? A Yes. MR. WEIDNER: Thank you. That's all I have. REDIRECT EXAMINATION BY MR. DOWLING: Q Doctor, just a couple of questions. Have the opinions you expressed today with respect to the left knee, are they essentially the same opinions that you wrote about in your report that we've identified as Exhibit 2? A Yes. Q So reviewing the records of the other doctors, particularly Bowmansdale Family Practice GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and the orthopaedic surgeon, didn't change or alter any opinions with respect to the left knee? A No. MR. DOWLING: Go off-camera one moment. VIDEO OPERATOR: We are now going off-camera. The time is 3:08. (Brief pause.) MR. DOWLING: We can go back on. VIDEO OPERATOR: We are now back on-camera. The time is 3:08. BY MR. DOWLING: Q Doctor, I understand that your testimony is that from the beginning of the treatment to the end, your patient improved and you said some patients have setbacks. A Yes. Q I'm looking at a note here of May 17, 2004. Would that be an example of Mrs. Harvey having a setback on that time? A Yes. Q What does that say, just briefly? A Patient reports some setback with her left hip, knee and pubic symphysis pain. Over the weekend, she noticed increased left knee and hip GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 pain when changing from sitting to standing position. She denies any new injury or complaints, deny any problems with acupuncture. She state that the increased pain has been four to five out of ten when she turning position. Q When she's changing positions? A Meaning from sitting to standing. Q Why would that cause pain? A Um, well, when you have arthritis or traumatic arthritis or chondromalacia and the surface of the joint is not smooth, and when you changing the position and the surface grinding each either, that can increase the pain. MR. DOWLING: That's all I have. Do you want to see that note? MR. WEIDNER: Yes, please. MR. DOWLING: Okay. MR. WEIDNER: That's fine. No further questions. VIDEO OPERATOR: This deposition is now concluded. The time is 3:10. (The deposition was concluded at 3:10 p.m.) GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 33 1 2 3 4 5 6 7 8 9 STATE OF PENNSYLVANIA ss. COUNTY OF DAUPHIN I, Melissa Flinn, a Reporter-Notary Public authorized to administer oaths within and for the Commonwealth of Pennsylvania and take depositions in the trial of causes, do hereby certify that the foregoing is the testimony of JESSICA WILLIAMS, M.D. I further certify that before the taking of said deposition, the witness was duly sworn; that the questions and answers were taken down stenographically by the said reporter Melissa Flinn, a Reporter approved and agreed to, and afterwards reduced to typewriting under the direction of the said Reporter. I further certify that the proceedings and evidence contained fully and accurately in the notes by me on the within deposition, and that this copy is a correct transcript of the same. In testimony whereof, I have hereunto subscribed my hand this 4th day of April, 2007. _ el M -i ' s / s a 'LF 1-Ki n n 10 11 12 13 14 15 16 17 18 19 2C 21 22 2] 24 2E My commission expires: November 21, 2009 GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 OCCUPATION: Board and O Board ADDRESS: 1909 TELEPHONE: 717. EDUCATION: 1986-1990: M.S., Neurc The Pennsyl 1995-1997: Residency 1994-1995: Internship Apr.-Nov. 2001: Medical 1999-Present: MPH prog Enrolled at X978-1983: Medical De Beijing, P.R 1983-1-986: Residency CERTIFICATIONS: Board Certified in Intern Bo®rd Certified Indepen+ Y RO Certification (April EXP c, RI ENCE: July 2001 - present: Prei .899 So July '1949 - June 2001: 1 -Center, January 1998 - July 199' The Ind 1.994-1997: Internal Med 9 g 1-1.993: Research/Me 987-1990: Teaching any The Pennsylvania Medical 7"ne Arnerican -Academy of The Arnerican College of P The Arnerican College of O American Society of Fain I EXHIBIT PING WUJ AMS, MI3, MS, CIME 3? b 7 (abbreviated CV) .d Internist specializing in Pain Management onal Medicine; ed Independent-Medical Examiner -r Place, Harrisburg, PA. 1711-0 - FAX: 717-540-9093, ltaiail: drying@sprynet.com mienee/Pharmacology, 1990; Medical College of aria. State University; -Hershey. ,w P. I7033 Internal Medicine at TOt. k.;i os t al, fork, PA a Internal Medicine at ork`I?o #Ita1, fork, PA ?cupuncture for .Physiciang' at UCLA School of Med. im in Occupational Medicine 'he University of Wisconsin off-cam. pus program. ree, 1983, Beijing Medical Univetsity, China cL Neurology at the Beijing Medical University L. Medicine (August 1998) :nit Medical Examiner (November 2002) 998) Beat, The Integrative-Medicine Physician Center, P.C. th Ail ngton Ave., Harrisburg; "PA 147109 (main office). Ifnical Medical Director at CO NCENTRA. Medical Flarrisburg, PA area. Staff Occupational Medicine Physician at strial Resource Center of Memorial Hospital, York, PA. pine at York Hospital kcal Associate. in Pain Management/Neurology Research Assistant while at Pennsylvania State Univ. .y- (2001-present) :al Acupuncture (2001-present) ins / Society of Internal Medicine(1994-present) -tional and Environmental Medicine (1997-present) ement (1992-1994) S The Integrative Medicine Physician Center, PC (717) 540-8594 Jessica Y. Williams, MD, MS, CIME P.O. Box 60762, Harrisburg, PA 17106 December 5, 2005 EEXH1781T RE: Paula A. Harvey SS#: 169-44-4383 W4F Claim No.: 010170653349 Date of Birth: November 15, 1951 Date of Injury: December 16, 2002 To Whom It May Concern: Ms. Harvey was seen in my office on March 9, 2004 with complaints of left hip pain and left knee pain as a result of a motor vehicle accident on December 16, 2002. Ms. Harvey stated that on December 16, 2002, she was a restrained driver, driving at approximately 40 miles per hour, when she was struck by another vehicle from the front driver's side when another vehicle made a sudden left turn and cut right in front of her vehicle. Her airbag did deploy. Her left knee hit the steering wheel. She was initially seen by her family physician and later was seen by Dr. Litton and Dr. Boal, both are orthopedic physicians. Her left knee MRI from August 26, 2003 revealed left knee joint effusion with a small multiloculated Baker's cyst and probable grade II to III chondromalacia of the patella. Ms. Harvey was treated with antiinflammatory medication without any improvement. She continued to have constant aching pain involving the area under her left knee patella. On initial interview, Ms. Harvey described her left knee pain as a constant aching pain with intermittent worsening. The pain increased with walking, standing, and activities. There was also a weather factor. She rated her left knee pain as 5110 on average and 8/10 at its worst on a 0- 10 maximum pain scale. She was taking regular Tylenol tablets 325 mg, averaging eight tablets every 24 hours to maintain the pain to a tolerable level. Ms. Harvey also developed left hip pain soon after the motor vehicle accident on December 16, 2002. She described her left hip pain as localized at left groin area, with feeling of bone-on-bone friction. She told me at that time that her left hip pain was constant with intermittent worsening. It was aching and dull pain in nature. She rated the pain as 3-5/10 on average and 7-8/10 at its worst on a 0-10 maximum pain scale. Ms. Harvey has a history of low back pain for 10 years and had been seeing her chiropractor. She told me on the first office visit that her low back pain was resolving prior to her motor vehicle accident. However, her low back pain was significantly worsened after the accident on December 16, 2002. Immediately after the accident she was seeing her chiropractor two to three times a week due to the exacerbation of her low back pain. Her low back pain did get improvement and her chiropractic treatment had been cut down to once every two to three weeks prior to coming to my office. Ms. Harvey also told me that her constant left hip pain and knee pain has significantly affected her daily activities. Ms. Harvey told me that she did gain some weight since she stopped smoking a year ago. Otherwise, she had an unremarkable past medical history. She denied any history of left hip and left knee problems or injury prior to the auto accident on December 2002. On the initial evaluation, Ms. Harvey weighted 240 pounds. She is 5 feet and 2 inches in height. Her hip examination revealed no deformity or atrophy. There was moderate-to-severe limited range of motion with internal and external left hip rotation. There was tenderness to palpation at the left side of the groin region. She had a positive Patrick test on the left and negative on the right. Her left knee revealed no deformity, edema, erythema, atrophy, or effusion. There was • intermittent crepitus noted with range of motion of the left knee. Her left knee had full range of motion with good stability. She had a negative medial and lateral collateral ligament stress test. Her lumbar and sacral spine examination revealed decreased lumbar lordosis. She had moderate limited range of motion with flexion and extension of the lumbar spine. There was no tenderness or muscle spasms noted. Otherwise, the examination was unremarkable. Left hip CT on April 1, 2004 demonstrated findings most compatible with relatively severe degenerative joint disease of the left hip anteriorly with extensive subchondral cystic change in the anterior aspect of the left acetabulum, breaking through the anterior cortex. Ms. Harvey was treated in my office for her left hip and left knee injury from March 9, 2004 to October 19, 2004. She received medical acupuncture treatments an average of 2-3 times a week. She also received multiple injections and extensive physical therapy. All of the treatments mentioned above were for the injuries Ms. Harvey sustained during the motor vehicle accident on December 16, 2002. It is my, professional opinion that the injuries of the left hip and left knee Ms. Harvey sustained are directly related to the motor vehicle accident on December 16, 2002. It is also my professional opinion that the treatments Ms. Harvey received and the cost associated with the treatments are reasonable and medically necessary. Prognosis: Left knee: Ms. Harvey's left knee sustained significant impact during the motor vehicle accident. MRI of her left knee demonstrated grade II-III chondromalacia of the patella. The articular cartilage has only very limited repair capacity. The lesions seen on the MRI nearly represent irreversible damage of the joint cartilage structure, eventually leading to osteoarthritis. Left hip: Ms. Harvey sustained significant left hip injury during the motor vehicle accident. Her left hip CT demonstrated severe degenerative joint disease with extensive subchondral cystic change in anterior aspect of the left acetabullum breaking through the anterior cortex. This is a condition that has no cure. It is most likely that the condition will gradually, although slowly progress. The joint probably continues to deteriorate, eventually leading to end-stage joint failure with intractable pain and/or limitation of daily activities despite medical management. Total left hip replacement may be required at that time. If you have any questions, please feel free to contact me at 717-540-8594. Sincerely yours, Jessica Y. Williams, MD, MS, CIME JYW/cpr/smu Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 Kelly L. Bonanno I.D. No. 200811 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com PAULA A. HARVEY and TERRY HARVEY, wife and husband, Plaintiffs V. Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-06241 CIVIL ACTION - LAW KATHLEEN E. ELLIS and JURY TRIAL DEMANDED KEE MEDICAL SERVICES, INC., CASE 6 - JUDGE OLER Defendants DEFENDANTS' OBJECTION TO THE CORRECTNESS OF THE DEPOSITION TRANSCRIPT OF DR. JESSICA Y. W/LLIAMS AND NOW, this. J&Aday of April, 2007, come Defendants Kathleen E. Ellis and Kee Medical Services, Inc., through their undersigned attorneys, and file this objection by setting forth the following. 1. Plaintiff seeks damages for personal injuries arising from a motor vehicle accident which occurred on December 16, 2002. 2. Following the accident, Plaintiff was treated for left knee pain by multiple providers, including orthopedic professionals. 3. During her treatment for the injuries which Plaintiff alleges to have suffered as a result of the above referenced accident, Plaintiff was treated by Jessica Williams, M.D., a physician specializing in pain management with medical acupuncture. 4. On March 30, 2007, Dr. Williams presented for a videotape deposition taken by Plaintiffs' counsel for use at trial regarding the injuries allegedly sustained by Plaintiff. 5. The transcript of Dr. Williams' videotape deposition revealed an error at Page 14, Line 9 in which the word "waive" was mistakenly transcribed as "have" with regard to an objection. 6. The error was immediately brought to the attention of the court reporter and corrected as evidenced in Exhibit "A". 7. On April 12, 2007, Defendants filed the correct deposition transcript as of record with the court. 8. It is believed, and therefore averred, that on or about Friday, April 13, 2007, Plaintiff filed the transcript containing the error at Page 14 Line 9 as of record with the court. 9. Pursuant to Pa. R.C.P. 4017(b), Defendants wish to note their objection to the error contained in the transcript filed by Plaintiff. WHEREFORE, Defendants Kathleen E. Ellis and Kee Medical Services, Inc. move that the incorrect transcript be stricken from the record and the corrected transcript filed by Defendants be relied upon by the court in the disposition of this matter. :295586 JOHNSON, DUFFIE, STEWART & WEIDNER By: C. Roy ei , Kelly L. o anno ?,o,t A 2406 Park Drive, Suite B Harrisburg, PA 17110 717-541-1508 FAX: 717-S41-1509 April 5, 2007 C. Roy Weidner, Esq. Johnson Duffie 301 Market Street Harrisburg, PA 17101, GEIGER&LAF;tw wwwAsi9 1lAf oAme 91rS@Gsii9wLwi1aA= I-800-222-4577 P.O. Box 8031 Lancaster, PA 17604-8031 717-299-7021 RECEIVED APR 0 9 2007 JOHNSON OOESTEWART AN ?h, 4 are vK RE: Paula and Terry Harvey Vs. Kathleen Ellis and Kee Medical Services 04-06241 Dear Mr. Weidner: Per your request, after review of the audio file for the deposition of Jessica Williams, MD held March 30, 2007 the word "waive" on page 14, line 9 is incorrect. Attached is a corrected page changing the word to "have". Please accept my apologies for the error and any inconvenience it may have caused. Sincerely, X4"-- rtl&,? Melissa Flinn cc: David Dowling, Esq. SERVING THE PENNSYLVANIA LEGAL COMMUNITY FOR OVER HALF A CENTURY 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 can say she reviewed the records of XYZ practitioner and considered them in giving her opinions here today. MR. DOWLING: I think she can explain in summary fashion what those records indicate rather than simply saying I read the records. I think it would be kind of pointless to say I read them and not have her explain what she read. MR. WEIDNER: Okay. I have the obj ecti on . VIDEO OPERATOR: We are now back on-camera. The time is 2:45. BY MR. DOWLING: Q Doctor, why don't we -- she was seen by Bowmansdale Family Practice on December 30, 2002; is that correct? A That's correct. Q When was she next seen by Bowmansdale Family Practice for matters related to her left knee? A She was seen June 30, 2003. Q Generally, what was her condition at that time? A Again, she was complaining continued anterior left knee pain. GEIGER & LORIA REPORTING SERVICE 1-800-222-4577 CERTIFICATE OF SERVICE AND NOW, this /0?day of April, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing motion upon the other parties of record by hand delivery. David B. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART & WEIDNER By: :295586 22740-1933 °•` -TY -il 0 7 N to PAULA A. HARVEY and TERRY HARVEY, w/h, Plaintiffs v KATHLEEN E. ELLIS and KEE MEDICAL SERVICES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-6241 CIVIL TERM IN RE: MOTION IN LIMINE ORDER OF COURT AND NOW, this 16th day of April, 2007, upon consideration of Defendants' motion in limine to preclude the introduction of deposition testimony of Jessica Williams, M.D., the motion is denied, without prejudice to Defendants' right to request that the jury be instructed that Plaintiffs' evidence would not support a finding that the accident on December 16, 2002, caused any injury to the hip of Plaintiff, Paula A. Harvey. David B. Dowling, Esquire 1 South Market Square P.O. Box 114 Harrisburg, PA 17108 For Plaintiffs Kelly Bonanno, Esquire C. Roy Weidner, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 For Defendants 147-0 -7 4- : mae By the Court, ?? ?? ' "` ``s ??F:-- - ?J+ ?,?' ? ? ? C_? PAULA A. HARVEY and TERRY HARVEY, w/h, Plaintiffs v KATHLEEN E. ELLIS and KEE MEDICAL SERVICES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04-6241 CIVIL TERM IN RE: MOTION IN LIMINE ORDER OF COURT AND NOW, this 16th day of April, 2007, upon consideration of Defendants' objection to the correctness of the deposition transcript of Dr. Jessica Y. Williams, and pursuant to an agreement of counsel reached prior to trial in chambers of the undersigned judge, the objection is sustained to the extent that the transcript to be considered authentic for purposes of the record shall include the correction suggested by Defendants. By the Court, J.(resley Ol , Jr., J. David B. Dowling, Esquire 1 South Market Square P.O. Box 114 Harrisburg, PA 17108 For Plaintiffs Kelly Bonanno, Esquire XAJQc A !rv?i ?? '? ?q"a 7 C. Roy Weidner, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 For Defendants :mae ?,.. :? , c, c ?.: ;.._ c??s ,?; _,?' ?-' 3 -? ?. ?--- ? ?. __ c? = c?:= t PAULA A. HARVEY and TERRY HARVEY, w/h, Plaintiffs V. KATHLEEN E. ELLIS And KEE MEDICAL SERVICES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBELAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6241 CIVIL TERM VERDICT [In this case it is conceded that the negligence of Defendant Kathleen E. Ellis caused the accident which occurred on December 16, 2002, and thereby caused some compensable harm to Plaintiff Paula A. Harvey.] Question: State the total amount of damages, if any, that you find Plaintiff Paula A. Harvey sustained as a result of the accident: $ G, 000 °o 4/7/01 (Date) oreper o r Jude Qerk/Proth _ Tipstaff + COURTROOM NO.: CASE NO.: I Pte- 1 ?.." T.u,11.. ,.?. VS _dh„ I DATE: DOCKET NO.: 0 4- a y i Juror # Name Random No. 135/ TRIPP, ROBERTA J. -1947200963 126 ' LAMANCUSA, JEAN -1833969723 r -1771239334 1a RRrn R AMRICIA A -1660687454 , - . 1 p Hr? 7 -1629089460 { -1413722248 20 BRUMBAUGH, SHARON -1405732777 &-7- -1353648317 -1 -1270321865 -1194787057 ! ( 124 MILLIGAN, MICHAEL -1153746561 12 130 BAUM, MARYANNE -924109279 13 43 BAREFOOT, MYRNA J. -918794332 1 4 121 KROLL, CHARLES T. JR. -896640215 1 ? E ' ' 2L -656657042 16 46 ANDREWS, DAVID M. -535572878 17 140 BUTALA, PATRICIA A -444610535 18 66. LYNN; JILL N. -375304310 19 65, JAMA, gOSEPH 844877 t } 129, HIPPENSTEEL, LISA R. 153813664 ( 59 NEWHOUSER, CAROL E 219517180 - , • 1 K«°T Z 44 292926987 1:3 138 ` FINK, BRYAN J. 328308403 A-V 24 29 RINEER, SHANNON L. DONOFRIO 992695251 ?- ")5 54 FLETCHER, SUSAN MARIE 1020769479 FFIE, PAULA .? 1033542828 27 123 JAVIER, ABE 1043127350 8 37 STEVENS, KELLEY LEE 1092370950 mac) 125 CROMER, WILLIAM G. III 1137784148 30 44 SARABOK, KAREN 1143429077 31 1 KLENK, MARY AGNES 1176735040 32 131 KUYKENDALL, ROXANNA R. 1194994126 ')3 120 LOCKE, CATHY 1361160392 14 7 HORSTICK, DENNIS G. 1428640833 35, 36 CARRICATO, ANGELA 1436568121 36 128 WIMER, BARBARA SEIBERT 1575221115 Monday, April 16, 2007 Page 1 of 2 r? Juror # Name Random No. 3 ;r 49 RIVERA, DEBI M. 1593762288 38 53 FORREST, SANDRA A. 1683249566 39 137 SMOKER, DAWN M. 1742078650 40 34 CHUN, CLAYTON KS 1772965400 41 141 WARD, BRYAN 1853661798 42 24 EMERICK, RUSSELL P. 2029736541 4.3 50 DANIELS, DAVID W. 2110478129 Monday, April 16, 2007 Page 2 of 2 David B. Dowling, Esquire Attorney I.D. No. 25452 Cory A. lannacone, Esquire Attorney I.D. No. 200530 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 ddowling@rhoads-sinon.com Attorneys f'or Plaintiffs PAULA A. HARVEY and TERRY HARVEY, wife and husband v. Plaintiffs KATHLEEN E. ELLIS, and KEE MEDICAL SERVICES, INC Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 04-06241 JURY TRIAL DEMANDED PLAINTIFF, PAULA HARVEY'S POST-TRIAL MOTION FOR A NEW TRIAL NOW COMES, Plaintiff, Paula A. Harvey, ("Plaintiff' or "Ms. Harvey"), by and through her counsel, Rhoads & Sinon LLP, and files the within Post-Trial Motion for a New Trial pursuant to Pa. R. Civ. P. 227. 1, and in support thereof, avers the following: 1. The above-captioned matter arises out of an automobile accident between Ms. Harvey, and Defendant, Kathleen Ellis ("Defendant"), which occurred on December 16, 2002, at approximately 5:15 p.m. at the intersection of South Market Street and West Winding Hill Road, in Upper Allen Township, Cumberland County. 2. A jury trial in the above-captioned matter was held before the Honorable J. Wesley 648150.1 Oler on April 16, 2007 and April 17, 2007. 3. Defendant Ellis admitted that she was liable for causing the accident and that the accident caused an injury to Ms. Harvey. The sole issue at trial was the measure of Ms. Harvey's damages. 4.. At trial, Plaintiff presented two medical experts in her case-in-chief. One medical expert was Ms. Harvey's primary care physician, Jessica Williams, M.D.; the other was an orthopedic physician, Dr. David C. Baker, hired by Defendant. 5. It was undisputed at trial that as a result of the December 16, 2002 motor vehicle accident, Ms. Harvey was suffering from grade II to III chondromalacia in her left knee, with all medical experts testifying to this effect at trial. 6. Both Dr. Williams and Dr. Baker testified consistent with one another, with both being of the opinion that Ms. Harvey's knee injury was cause by the trauma of the accident and was permanent in nature. They both further agreed that Ms. Harvey will suffer from chronic and intermittent pain, based on the type activity in which she is engaged, for the rest of her life. 7. Defendant presented no evidence. The only evidence of record was that presented in Plaintiff's case-in-chief. 8. At trial, the jury was instructed that Ms. Harvey's life expectancy was 27.9 years which must be considered in awarding damages for future noneconomic damages. 9. On April 17, 2007, the jury returned a verdict in favor of Ms. Harvey in the amount of $6,000.00. -2- 10. Viewed in terms of future noneconomic damages, the $6,000.00 jury verdict constitutes an award of approximately $215.00 per year, or $4.14 per week-an amount which is to compensate Ms. Harvey for her undisputed permanent injury and which will cause her chronic and intermittent pain for the rest of her life. This does not take into consideration Ms. Harvey's past pain and suffering. 11. Ms. Harvey's past pain and suffering and loss of enjoyment of life is evidenced by approximately two (2) years of physicians visits. Over the course of those two years, Ms. Harvey treated with four (4) different physicians. (Attached hereto as Exhibit "A' -Plaintiff s Exhibit 9 at trial-is the list of the various health care providers who treated Ms. Harvey in connection with her injuries caused by the accident in question.) 12. From March 9, 2004 through October 19, 2004, Ms. Harvey treated with Dr. Jessica Williams approximately two (2) to three (3) times per week, having approximately seventy-four (74) visits in said time period, all for the pain Ms. Harvey suffered as a result of the accident. 13. The jury's verdict of only $6,000.00 for past and future damages is against the weight of evidence in that it is so contrary to undisputed medical testimony concerning Ms. Harvey's injuries from the accident that it shocks one's sense of justice. 14. The award of a new trial is required because the verdict of $6,000.00 for past and future noneconomic damages is against the clear weight of the undisputed evidence. 15. Plaintiff s counsel does not feel that a transcript of the record is necessary. -3- WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Plaintiff's Post-Trial Motion and order a new trial in the above-captioned matter. RESPECTFULLY SUBMITTED RHOADS & SINON LLP c B L Z-c David B. Dowling Cory A. Iannacone One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiffs -4- EXHIBIT "A" TREATMENT (PAULA HARVEY) (Date of Accident: 12/16/02) Date of Treatment Healthcare Provider 12/18/02 Becker Chiropractic 12/20/02 Becker Chiropractic 12/23/02 Becker Chiropractic 12/27/02 Becker Chiropractic 12/30/02 Bowmansdale Family Practice 12/30/02 Heritage Diagnostic Center 01/06/03 Becker Chiropractic 01/20/03 Becker Chiropractic 02/03/03 Becker Chiropractic 02/21/03 Becker Chiropractic 03/17/03 Becker Chiropractic 04/14/03 Becker Chiropractic 05/12/03 Becker Chiropractic 06/06/03 Becker Chiropractic 06/27/03 Becker Chiropractic 06/30/03 Bowmansdale Family Practice 07/03/03 Becker Chiropractic 07/17/03 Dr. Jason S. Litton / Orthopedic Institute of PA 07/21/03 Becker Chiropractic 08/08/03 Becker Chiropractic 08/22/03 Dr. Richard J. Boal / Orthopedic Institute of PA 08/25/03 HealthSouth Diagnostic Center of Camp Hill 08/27/03 Becker Chiropractic 09/02/03 Dr. Richard J. Boal / Orthopedic Institute of PA 09/09/03 Becker Chiropractic 09/23/03 Becker Chiropractic 09/26/03 Becker Chiropractic 10/07/03 Becker Chiropractic 10/21/03 Becker Chiropractic 11/04/03 Becker Chiropractic 11/18/03 Becker Chiropractic 12/09/03 Becker Chiropractic 12/30/03 Becker Chiropractic 01/12/04 Dr. Richard J. Boal / Orthopedic Institute of PA 01/21/04 Becker Chiropractic 02/17/04 Becker Chiropractic 02/23/04 Dr. Richard J. Boal / Orthopedic Institute of PA 03/05/04 Becker Chiropractic 03/09/04 Jessica Y. Williams, MD, MS, CIME 03/12/04 Jessica Y. Williams, MD, MS, CIME 647377.1 03/15/04 Jessica Y. Williams, MD, MS, CIME 03/17/04 Jessica Y. Williams, MD, MS, CIME 03/19/04 Jessica Y. Williams, MD, MS, CIME 03/23/04 Jessica Y. Williams, MD, MS, CIME 03/23/04 Tristan Associates 03/24/04 First Choice Rehabilitation Specialists 03/26/04 Jessica Y. Williams, MD, MS, CIME 03/30/04 Jessica Y. Williams, MD, MS, CIME 04/01/04 Tristan Associates 04/02/04 Jessica Y. Williams, MD, MS, CIME _ 04/05/04 Jessica Y. Williams, MD, MS, CIME 04/06/04 First Choice Rehabilitation Specialists 04/07/04 Jessica Y. Williams, MD, MS, CIME 04/09/04 Jessica Y. Williams, MD, MS, CIME 04/09/06 First Choice Rehabilitation Specialists 04/12/04 Jessica Y. Williams, MD, MS, CIME 04/13/04 First Choice Rehabilitation Specialists 04/14/04 Jessica Y. Williams, MD, MS, CIME 04/14/04 Tristan Associates 04/16/04 Jessica Y. Williams, MD, MS, LIME 04/16/04 First Choice Rehabilitation Specialists 04/19/04 Jessica Y. Williams, MD, MS, CIME 04/20/04 First Choice Rehabilitation Specialists 04/21/04 Jessica Y. Williams, MD, MS, CIME 04/23/04 Jessica Y. Williams, MD, MS, CIME 04/23/04 First Choice Rehabilitation Specialists 04/26/04 Jessica Y. Williams, MD, MS, CIME 04/27/04 First Choice Rehabilitation Specialists 04/28/04 Jessica Y. Williams, MD, MS, CIME 04/29/04 First Choice Rehabilitation Specialists 04/30/04 Jessica Y. Williams, MD, MS, CIME 05/03/04 Jessica Y. Williams, MD, MS, CIME 05/04/04 First Choice Rehabilitation Specialists 05/06/04 First Choice Rehabilitation Specialists 05/07/04 Jessica Y. Williams, MD, MS, CIME 05/10/04 Jessica Y. Williams, MD, MS, CIME 05/11/04 First Choice Rehabilitation Specialists 05/12/04 Jessica Y. Williams, MD, MS, CIME 05/13/04 First Choice Rehabilitation Specialists 05/14/04 Jessica Y. Williams, MD, MS, CIME 05/17/04 Jessica Y. Williams, MD, MS, CIME 05/18/04 First Choice Rehabilitation Specialists 05/19/04 Jessica Y. Williams, MD, MS, CIME 05/20/04 First Choice Rehabilitation Specialists 05/21/04 Jessica Y. Williams, MD, MS, CIME -2- -- 05/24/04 Jessica Y. Williams, MD, MS, CIME 05/25/04 First Choice Rehabilitation Specialists 05/26/04 Jessica Y. Williams, MD, MS, CIME 05/27/04 First Choice Rehabilitation Specialists 06/01/04 Jessica Y. Williams, MD, MS, CIME 06/02/04 Jessica Y. Williams, MD, MS, CIME 06/03/04 First Choice Rehabilitation Specialists 06/04/04 Jessica Y. Williams, MD, MS, CIME 06/07/04 Jessica Y. Williams, MD, MS, CIME 06/08/04 First Choice Rehabilitation Specialists 06/09/04 Jessica Y. Williams, MD, MS, CIME 06/10/04 First Choice Rehabilitation Specialists 06/11/04 Jessica Y. Williams, MD, MS, CIME 06/14/04 Jessica Y. Williams, MD, MS, CIME 06/15/04 First Choice Rehabilitation Specialists 06/16/04 Jessica Y. Williams, MD, MS, CIME 06/17/04 First Choice Rehabilitation Specialists 06/18/04 Jessica Y. Williams, MD, MS, CIME 06/21/04 Jessica Y. Williams, MD, MS, CIME 06/23/04 Jessica Y. Williams, MD, MS, CIME 06/23/04 First Choice Rehabilitation Specialists 06/25/04 Jessica Y. Williams, MD, MS, CIME 06/25/04 First Choice Rehabilitation Specialists 06/28/04 Jessica Y. Williams, MD, MS, CIME 06/29/04 First Choice Rehabilitation Specialists 06/30/04 Jessica Y. Williams, MD, MS, CIME 07/01/04 First Choice Rehabilitation Specialists 07/02/04 Jessica Y. Williams, MD, MS, CIME 07/06/04 First Choice Rehabilitation Specialists 07/07/04 Jessica Y. Williams, MD, MS, CIME 07/08/04 First Choice Rehabilitation Specialists 07/09/04 Jessica Y. Williams, MD, MS, CIME 07/12/04 Jessica Y. Williams, MD, MS, CIME _ 07/13/04 First Choice Rehabilitation Specialists 07/14/04 Jessica Y. Williams, MD, MS, CIME 07/15/04 First Choice Rehabilitation Specialists 07/20/04 Jessica Y. Williams, MD, MS, CIME 07/22/04 Jessica Y. Williams, MD, MS, CIME 07/27/04 Jessica Y. Williams, MD, MS, CIME 07/28/04 Jessica Y. Williams, MD, MS, CIME 07/28/04 First Choice Rehabilitation Specialists 07/30/04 Jessica Y. Williams, MD, MS, CIME 07/30/04 First Choice Rehabilitation Specialists 08/02/04 Jessica Y. Williams, MD, MS, CIME 08/02/04 First Choice Rehabilitation Specialists -3- 08/04/04 Jessica Y. Williams, MD, MS, CIME 08/04/04 First Choice Rehabilitation Specialists 08/06/04 Jessica Y. Williams, MD, MS, CIME 08/06/04 First Choice Rehabilitation Specialists 08/09/04 Jessica Y. Williams, MD, MS, CIME 80/09/04 First Choice Rehabilitation Specialists 08/11/04 Jessica Y. Williams, MD, MS, CIME 08/11/04 First Choice Rehabilitation Specialists 08/12/04 First Choice Rehabilitation Specialists 08/13/04 Jessica Y. Williams, MD, MS, CIME 08/17/04 Jessica Y. Williams, MD, MS, CIME 08/19/04 Jessica Y. Williams, MD, MS, CIME 08/23/04 Jessica Y. Williams, MD, MS, CIME 08/23/04 First Choice Rehabilitation Specialists 08/25/04 Jessica Y. Williams, MD, MS, CIME 08/25/04 First Choice Rehabilitation Specialists 08/26/04 First Choice Rehabilitation Specialists 08/27/04 Jessica Y. Williams, MD, MS, CIME 08/31/04 Jessica Y. Williams, MD, MS, CIME 09/01/04 Jessica Y. Williams, MD, MS, CIME 09/01/04 First Choice Rehabilitation Specialists 09/02/04 First Choice Rehabilitation Specialists 09/03/04 Jessica Y. Williams, MD, MS, CIME 09/0704 Jessica Y. Williams, MD, MS, CIME _ 09/14/04 Jessica Y. Williams, MD, MS, CIME 09/21/04 Jessica Y. Williams, MD, MS, CIME 09/21/04 Tristan Associates 09/28/04 Jessica Y. Williams, MD, MS, CIME 10/19/04 Jessica Y. Williams, MD, MS, CIME -4- CERTIFICATE OF SERVICE I hereby certify that on this 24th day of April, 2007, a true and correct copy of the foregoing Plaintiff's Post-Trial Motion for a New Trial was served by hand delivery upon the following: The Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 And by United States Mail, first class upon the following: C. Roy Weidner, Jr., Esquire Law Offices of Johnson Duffie 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 A &j-L4*( P A I J-? Cynt is aro ` n `1? _? 41. ..a . ` .,yyt ?,M1 . ??.. PAULA A. HARVEY and : IN THE COURT OF COMMON PLEAS OF TERRY HARVEY, wife CUMBERLAND COUNTY, PENNSYLVANIA and husband, : Plaintiffs : V. KATHLEEN E. ELLIS And KEE MEDICAL SERVICES, INC., Defendant CIVIL ACTION - LAW NO. 04-6241 CIVIL TERM ORDER OF COURT AND NOW, this 27" day of April, 2007, upon consideration of Plaintiff Paula Harvey's Post-Trial Motion for a New Trial, oral argument is scheduled for Friday, June 29, 2007, at 11:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Briefs are due 5 days prior to that date. David B. Dowling, Esq. Cory A. Iannacone, Esq. One South Market Square '/P'O. Box 1146 Harrisburg, PA 17108-1146 Attorneys for Plaintiffs Roy Weidner, Jr., Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendants A BY THE COURT, r C J. esley Oler, ., J. X?? :rc i 3 t( "k ono L' 'Z Wd L Z M LOOZ lrtVKvU?L' ud :,'Hi J0 Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com PAULA A. HARVEY and TERRY HARVEY, wife and husband, Plaintiffs V. KATHLEEN E. ELLIS and KEE MEDICAL SERVICES, INC., Defendants Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-06241 CIVIL ACTION - LAW JURY TRIAL DEMANDED THE HONORABLE J. WESLEY OLER DEFENDANTS' ANSWER TO PLAINTIFFS' MOTION FOR POST TRIAL RELIEF AND NOW, this _/!?day of May, 2007, come Defendants Kathleen E. Ellis and Kee Medical Services, Inc., through their undersigned attorneys, and answer Plaintiffs' Motion for Post Trial Relief as follows: 1. - 5. Admitted. 6. Admitted in Part. Denied in Part. It is admitted that Dr. Williams and Dr. Baker both testified that Mrs. Harvey's knee injury was caused by the trauma of the accident. That they further agree that Mrs. Harvey will suffer from chronic and intermittent pain based on the type of activity in which she is engaged for the rest of her life is denied. On the contrary, Dr. Baker testified at his videotape deposition that he thought "once people have symptoms of patellafemoral pain, they are chronic and intermittent and based on activity." (N.T. 52). As opposed to Dr. Baker's general opinion, at her videotape deposition, Dr. Williams offered a specific prognosis for Mrs. Harvey that she will have intermittent left knee pain flair ups at times with increased pain and good and bad days, and that the condition would "most likely" be lifelong. (N.T.24). 4 7. Admitted. 8. Denied. On the contrary, the jury was instructed that Mrs. Harvey's future life expectancy was 27.9 years according to certain tables and was told that that figure was offered to the jury only as a guide and that it was not bound to accept it. 9. Admitted. 10. Denied. On the contrary, it is believed, and therefore averred, that the jury's verdict was for all non-economic losses as instructed by the Court. 11. Denied. It is denied that Ms. Harvey's treatment history is probative of anything. It is further denied that the treatment reflected on Exhibit "A" is all for treatment of the only injury suffered in the accident, that to the left knee. On the contrary, the providers treated various unrelated complaints. 12. Denied. On the contrary, Dr. Williams also treated Ms. Harvey for hip complaints of a constant nature with intermittent worsening. 11-14. Denied. These averments are deemed denied as a conclusions of law to which no responsive pleading is required. By way of further denial, the jury was also instructed that Ms. Harvey's failure to mitigate her damages by continuing treatment with Dr. Williams could be considered. 15. Denied. This averment is deemed denied as one to which no responsive pleading on the part of Defendants is required. WHEREFORE, Defendants request that Plaintiffs' motion for a new trial be denied. JOHNSON, DUFFIE, STEWART & WEIDNER By: :296691 Roy Weidner, Jr. CERTIFICATE OF SERVICE AND NOW, this day of May, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: The Honorable J. Wesley Oler Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 David B. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART & WEIDNER By: Michelle H. Spangler :296691 22740-1933 O ; . m CP N )? N PAULA A. HARVEY and : IN THE COURT OF COMMON PLEAS OF TERRY HARVEY, wife CUMBERLAND COUNTY, PENNSYLVANIA and husband, Plaintiffs V. KATHLEEN E. ELLIS And KEE MEDICAL SERVICES, INC., Defendant CIVIL ACTION - LAW NO. 04-6241 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR POST-TRIAL RELIEF BEFORE OLER, J. ORDER OF COURT AND NOW, this 29`h day of June, 2007, upon consideration of Plaintiff, Paula Harvey's Post-Trial Motion for a New Trial, and of Defendants' Answer to Plaintiffs' Motion for Post Trial Relief, and of the briefs submitted on the issue presented, and following oral argument held on this date, the motion is denied. BY THE COURT, David B. Dowling, Esq. ?Cory A. Iannacone, Esq. One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Attorneys for Plaintiffs J Roy Weidner, Jr., Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendants t /,/,- 2:k J Wesley Oler, r., J. :rc OZ :Z Hd R f f ii LCUL 3HI JO Johnson, Duffle, Stewart & Weidner By: C. Roy Weidner, Jr. I.D. No. 19530 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 crw@jdsw.com PAULA A. HARVEY and TERRY HARVEY, wife and husband, Plaintiffs V. Attorneys for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-06241 CIVIL ACTION - LAW KATHLEEN E. ELLIS and JURY TRIAL DEMANDED KEE MEDICAL SERVICES, INC., Defendants PRAECIPE TO SATISFY, SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the verdict in the above captioned action satisfied and the action settled and discontinued. JOHNSON, DUFFIE, STEWA r WEffBNER C. Roy Weidner, Jr. DISCONTINUANCE CERTIFICATE AND NOW, . /0 ,01007 suit has been marked as above directed. :305491 22740-1933 b ". A0 r PROTHONOTAR CERTIFICATE OF SERVICE AND NOW, this -2-74 day of August, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: David B. Dowling, Esquire Rhoads & Sinon, LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 JOHNSON, DUFFIE, STEWART & WEIDNER By: Michelle H. Spangler :305491 22740-1933 C