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HomeMy WebLinkAbout87-0031FOSTER M. WIKE, IV and CAROL ANN WIKE V. WENDY M. MINICH NO. 20 SHEELY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 31 CIVIL 1987 IN RE: PRETRIAL CONFERENCE At a pretrial conference held Wednesday, September 2, 1987, before the Honorable Harold E. Sheely, President Judge, present for the plaintiff was William A. Addams, Esquire, and for the defendant, James F. Carl, Esquire. This is a jury trial which should be able to be completed in one day. Both counsel are available for trials during the civil trial week. This accident occurred at the intersection of U.S. Route 11 and P.A. Route 114. The plaintiff was operating a motorcycle going west on the Carlisle Pike and the defendant was operating a 1986 Ford Ranger pickup going east on the Carlisle Pike and was in the process of making a left turn onto P.A. Route 114 when her vehicle was struck by the plaintiff's motorcycle in the right rear fender area. The intersection is controlled by a traffic signal. The real issue seems to be who had the right-of-way at the time that the accident occurred. It is stipulated that the medical expenses were $1,099.94 and the plaintiff can submit a list of medical bills without calling any witnesses to verify the same. Also it has been stipulated that the damage to the motorcycle was $762 and no additional witnesses need 31 CIVIL 1987 Page 2 to be called as to the value of the motorcycle. The other item of damages would be lost wages claimed in the amount of $527.66 and there has been no stipulation as to lost wages. Plaintiff is not claiming any permanent injuries nor any loss of earning capacity. There will be no doctors called at the trial either in person or testimony by deposition. The plaintiff has made a demand of $5,571.50 and as of pretrial date the defendant has made no offer. Counsel are directed in a pretrial memo to submit the appropriate sections of the Motor Code which govern the intersection involved in this case. William A. Addams, Esquire For Plaintiff James F. Carl, Esquire For Defendant H~'r~ld E. Sheely, :cfd FOSTER M. WIKE, IV and CAROL ANN WIKE, Plaintiffs WENDY M. MINICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 51 CIVIL 1987 JURY TRIAL DEMANDED PLAINTIFFS' PRE-TRIAL MEMORANDUM 1. FACTS: The accident occurred at 8:50 p.m. on September 15, 1986, at the intersection of Routes 11 and 114 in Silver Spring Township. The defendant was driving a Ford pickup travelling east on Route 11 and made a left turn to go north on Route 114. Plaintiff Foster M. Wike was driving the motorcycle owned by Carol Ann Wike, travelling west on Route 11. When the light turned green, he entered the intersection and collided with the right side of the defendant's vehicle. 2. DAMAGES: Foster Wike sustained injuries to his left elbow, hip and right knee. The medical expense is $1,099.94. He had a loss to his clothing in the amount of $40.00 and a loss of earnings of $527.66. Carol Ann Wike's motorcycle was a total loss. The defendant's appraisal was in the amount of $762.00. 5. ISSUES: Comparative negligence between the two drivers. EVIDENCE: 5. WITNESSES: No problems are anticipated. Foster M. Wike. Sgt. Ronald N. Hollen, Silver Spring Township Police Rodney Bryner t ~ .... ~ ~:. ~- :~ ~ ~ ;' 6. EXHIBITS: Polyclinic Hospital records. 7. SETTLEMENT NEGOTIATIONS: The plaintiffs submitted a demand of $5,571.50 in October, 1986. There has been no offer. Respectfully submitted, FOWLER, ADDAMS, SHUGHART & RUNDLE · liam A Addams Attorneys for Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA JURY TRIAL DE~-~NDED FOSTER M. WIKE, IV and CAROL ANN WIKE, Plaintiffs v. WENDY M. MINICH, Defendant CONFERENCE ON BEHALF OF DEFENDA~T, WENDY M. MINICH LAW OFFICES METZGER, WICKERSHAM, KNAUSS & Erb COMMONWEALTH NATIONAL BANK BUILDING III MARKET STREET P. O. BOX 93 HaRRISbURG~ PENNSYLVANIA 17108-0093 FOSTER M. WIKE, IV and CAROL ANN WIKE, Plaintiffs v. WENDY M. MINICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JURY TRIAL DEMANDED PRETRIAL CONFERENCE MEMORANDUM ON BEHALF OF DEFENDANT, WENDY M. MINICH 1. Facts as to Liability: This lawsuit arises out of a collision which occurred on September 15, 1986 at the intersection of U.S. Route 11 (Carlisle Pike) and Pennsylvania Route 114 (Hogestown Road). The Plaintiff Foster M. Wike, IV, was operating a 1977 Kawasaki Motorcycle owned by the Plaintiff Carol Ann Wike, his wife, and was traveling in the southbound direction on U.S. Route 11 in the right-hand lane. The Defendant was operating her 1986 Ford Ranger in a northbound direction on U.S. Route 11 and was attempting to turn left onto Pennsylvania Route 114 when she was struck by the Plaintiff's motorcycle in the right rear fender and quarter panel area of her truck. The Defendant proceeded into the intersection under a green traffic signal and was in the intersection when she was struck by the Plaintiff's motorcycle. 2. Facts as to Damages: See Plaintiff's pretrial memorandum. The Defendant is willing to stipulate to the property damage to the Plaintiff's motorcycle in the amount of $762. 3. Principal Issues: (a) As to Liability: (1) Negligence of the Defendant. (2) Comparative negligence of the Plaintiff, Foster M. Wike, IV. (3) Liability of the Plaintiff, Foster M. Wike, IV, for property damage to the motorcycle owned by the Plaintiff Carol Ann Wike. (b) Damages: The Plaintiff, Foster M. Wike, IV, was seen at the emergency room of the Harrisburg Polyclinic Medical Center and was then seen for three follow-up visits by Richard McGill, M.D. While on crutches, he missed three weeks from his employment at Weis Market and he claims that he also lost one weekend of naval reserve training. 4. Summary of Legal Issues: See Paragraphs Nos. 1 and 3 above. At this time, the Defendant knows of no unusual issues pertaining to admissibility of testimony or exhibits. 5. Witnesses: (1) Wendy M. Minich (2) Rodney G. Bryner ~ ~' ~ -~ ~! 863 Carlwynne Court, Apt. B208 Carlisle, PA 17013 (3) Sgt. Ronald N. Hollen Silver Spring Township Police Department (4) Foster M. Wike, IV (as on cross-examination) - 2 - The above are potential witnesses, and it is not certain that all of them will be called. In addition, Defendant reserves the right to call witnesses listed by the Plaintiffs even though they may not have been listed above. 6. Exhibits: Photographs of the scene of the accident and of the right rear fender and quarter panel area of the Defendant's vehicle. 7. Settlement Negotiations: o Dated: No demand has been made to date. Special Problems: None. August 27, 1987 Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB - 3 - FOSTER M. WIKE, IV and CAROL ANN WIKE, Plaintiffs WENDY M. MINICH, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : NO. ~/ CIVIL 1987 : : : : 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, ~y 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 so so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT I~ERE YOU CAN GET LEGAL HELP. Court Administrator Third Floor Cumberland County Court House Carlisle, Pennsylvania 17013 Telephone Number 249-1133, area code 717. FOSTER M. WIKE, IV and CAROL ANN WIKE, Plaintiffs Ve WENDY M. MINICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL 1987 JURY TRIAL DEMANDED COMPLAINT AND NOW come the plaintiffs, Foster M. Wike, IV and Carol Ann Wike, by their attorneys, Fowler, Addams, Shughart & Rundle and make the following complaint: 1. Plaintiffs Foster M. Wike, IV and Carol Ann Wike are adult individuals residing at 65 Reed Drive in Marysville, PA 17053. 2. Defendant is Wendy M. Minich, an adult individual residing at 397 Sample Bridge Road, Enola, Cumberland County, PA 17025. 3. On September 10, 1986 at about 8:30 p.m. Plaintiff Foster M. Wike, IV was operating a 1977 Kawasaki motorcycle, owned by Plaintiff Carol Ann Wike, traveling west on US Route 11 in the right hand lane of traffic and was stopped for the red light at the intersection with PA Route ll& in Silver Spring Township, Cumberland County, Pennsylvania. ~. At said time and place the defendant was operating an automobile traveling east on US Route 11 and approached the intersection in the center, left turn lane. 5. When the light turned green for westbound traffic Plaintiff Foster M. Wike, IV entered the intersection, at which time the defendant was negligently and carelessly attempting a left turn to go north on PA Route 114, causing a collision between the vehicles and resulting in the damages hereinafter set forth. 6. The defendant was negligent and careless in: A. Entering the intersection when the traffic signal was red for her direction of travel. B. Failing to yield the right-of-way. C. Failing to observe the plaintiff's vehicle in time to avoid a collision. D. Failing to have her vehicle under control. COUNT I FOSTER M. WIKE, IV v. DEFENDANT 7. As a result of the negligence and carelessness of the defendant, the plaintiff sustained injuries to his left elbow, hip and right knee which caused him considerable pain and suffering and loss of life's pleasures. 8. As a result of his injuries, the plaintiff incurred the following medical expense: Advanced Life Support Silver Springs Ambulance Polyclinic Medical Center Richard M. Magill, M.D. Tristan Assoc. Uptown Cardiology Prescriptions Total Medical To Date $ 187.40 75.00 627.40 60.00 90.00 30.00 30.14 $1,099.94 9. AS a result of the accident, the plaintiff incurred a loss to his clothing in the amount of $40.00 and a loss of earnings of $527.66. WHEREFORE, the plaintiff demands judgment against the defendant for an amount in excess of $10,000.00 plus interest and costs of suit. COUNT II CAROL ANN WIKE v. DEFENDANT 10. The allegations of paragraphs 1-6 are incorporated herein by reference. 11. As a result of the negligence and carelessness of the defendant, the plaintiff's motorcycle sustained damage in the amount of $762.00. WHEREFORE, the plaintiff demands judgment against the defendant in the amount of $762.00 plus interest and costs of suit. FOWLER, ADDAMS, SHUGHART & RUNDLE By: ~- ~' __ William ~. Addams Attorneys for Plaintiffs VERIFICATION Foster Mo Wike, IV and Carol Ann Wike hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of their knowledge, information and belief, and understand that false statements herein are made subject to the penalties of 18 Pa, C. S, §4904 relating to unsworn falsifications. Foster M. Wike, IV Carol Ann Wike IN THE COURT OF CO~ON PLEAS CUMBERLAND COUNTY, NO. 31 CIVIL 1987 JURY TRIAL DEMANDED FOSTER M. ANN WIKE, WENDY M. WIKE and CAROL MINICH, Plaintiffs Defendant A PRAECIPE FOR ENTRY OF APPEARANCE LAW O~-FIC ES METZGER, WlCKEI~SHAM, KNAUSS & ERB COMMONWEALTH NATIONAL BANK BUILBING III MARKET STREET R O. Box 93 HARRISBUR6~ PENNSYLVANIA I?f08-0093 COMMON~iLTH OF PENNSYLVANIA COUNT~ 0F CUMbERLaND Foster M. Wike IV and Carol Ann Wike V$ Wendy M. Minich In the Court of Common Pleas of Cumberland County, Pennsylvania No. 31 civil Term, 1987 Complaint and Notice Harry King, g~~X3~ Deputy Sheriff of Cumberland CountY, Pennsylvania, who being duly sworn according ~o law, says, .-_ha~ he served ~he ~-i~hin upon Wendy M. Minich , EST / ~D~ o~ the 12th day of 397 Sample Bridge Road, Enola Complaint and Notice the defendant, a~ January 9:48 o'clock A , 19 87, · Cumberland County (street number) Bennsylvania, by handing (city or ~own) Wendy M. Minich a ~ae and at:es=ed copy of =he and a~ =he same =imm directing Complaint and Notice her a~en~ion ~o zhe con~en~-s ~hereof and the "~'"~-~ ~o Plead" endormed '_kereon. She=-iff's Costs: Docketing 14.00 Service 9.43 Affidavi~ Surcharge 2.00 25.43 Pd. by Atty. Swor;t amd subscribed before me 1-13-87 ~hi$ _/~ ... day of Pr~thonotar~ SO ~.rlswers: ~ ~FILLL~M K. SECK, Sheriff FOSTER M. WIKE, IV and CAROL ANN WIKE Ve WENDY M. MINICH Plaintiff : : : : : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 31 CIVIL 1987 JURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE Please enter the law firm of Metzger, Wickersham, Knauss & Erb on behalf of the Defendant, Wendy M. Minich. METZGER, WICKERSHAM, KNAUSS & ERB By: Carl, Esquire for Defendant 111 Market Street Post Office Box 93 Harrisburg, PA 17108-0093 (717)238-8187 Dated: January 22, 1987 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN NO. 31 CIVIL 1987 JURY TRIAL DEMANDED FOSTER M. WIKE and CAROL ANN WIKE, WENDY M. Plaintiffs Ve MINICH, Defendant ANSWER OF DEFENDANT, WENDY M. MINICH, WITH NEW ~TTER LAw OFFICES METZGER,WlCK£RSHAM, KNAU$S & ERB COMiVIQNWEALTH NATIONAL BANK BUILBING III I'vlARKET STREET P. O. Box 93 HARRISBURG~ PENNSYLVANIA 17108-0093 A FOSTER M. WIKE, IV and CAROL ANN WIKE WENDY M. MINICH Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 31 CIVIL 1987 JURY TRIAL DEMANDED ANSWER OF DEFENDANT, WENDY M. MINICH, WITH NEW MATTER AND NOW, comes the Defendant, Wendy M. Minich, by her attorneys, Metzger, Wickersham, Knauss & Erb, and makes the following Answer with New Matter. 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 1 of the Complaint, and such averments are therefore deemed denied and proof thereof is demanded. 2. Admitted. 3. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraph 3 of the Complaint, and such averments are therefore deemed denied and proof thereof is demanded. 4. Admitted. 5. It is denied that the Defendant negligently and carelessly attempted to make a left turn; rather, it is averred that the Defendant acted with due and proper care at all times. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 5 of the Complaint, and such averments are therefore deemed denied and proof thereof is demanded. 6. It is specifically denied that there was any negli- gence or carelessness on the part of the Defendant. The specific averments of negligence of Paragraph 6 A., B., C., and D. of the Complaint are specifically denied. COUNT I 7. It is denied that the Defendant was negligent or careless; rather, it is averred that she acted with due and proper care at all times. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the remaining averments of Paragraph 7 of the Complaint, and such averments are therefore deemed denied and proof thereof is demanded. 8. - 9. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of Paragraphs 8 and 9 of the Complaint, and such averments are therefore deemed denied and proof thereof is demanded. COUNT II 10. Answered in accordance with Paragraphs 1-6 above. 11. It is denied that there was any negligence or care- lessness on the part of the Defendant; rather, it is averred that she exercised due and proper care at all times. NEW MATTER 12. The Plaintiff, Foster M. Wike, IV, was guilty of negligence which either caused or contributed to the accident and to his injuries. --2-- 13. The incident complained of and the injuries sustained by the Plaintiffs were the result of the acts of the Plaintiff, Foster M. Wike, IV, or of third persons and did not result from any acts or omissions on the part of the Defendant. WHEREFORE, Defendant, Wendy M. Minich requests that the Complaint against her be dismissed and that judgment be entered in her favor. NEW MATTER JOINING FOSTER M. WIKE, IV, AS AN ADDITIONAL DEFENDANT IN ACCORDANCE WITH Pa.R.C.P. NO. 2252(d) 14. The averments of Paragraphs 1-2 of the Complaint are incorporated herein by reference as if they were fully set forth at length. 15. The aforesaid collision and the damage to the motor- cycle owned by the Plaintiff, Carol Ann Wike, were due to the negligence and carelessness of the Additional Defendant, Foster M. Wike, IV, which consisted of: (a) Failing to make a stop at the red traffic control signal which controlled traffic traveling west on U. S. Route 11 at the intersection with Pa. Route 114; (b) Failing to maintain a reasonable lookout for the presence of other vehicles on the highway; (c) Failing to yield the right-of-way to the Defendant's vehicle to which the Defendant's vehicle was entitled; and (d) Failing to use due care under the circumstances. -3- 16. The Additional Defendant, Foster M. Wike, IV, is solely liable to the Plaintiff, Carol Ann Wike, or, in the alternative, jointly liable with the Defendant, Wendy M. Minich. WHEREFORE, the Defendant, Wendy M. Minich respect- fully requests the Additional Defendant, Foster M. Wike, IV, be found solely liable to the Plaintiff, Carol Ann Wike, or, in the alternative, jointly liable with the Defendant, Wendy M. Minich. METZGER, WICKERSHAM, KNAUSS & ERB J~s F. Carl, Esquire A~orneys for Defendant, Wendy M. Minich 111 Market Street Post Office Box 93 Harrisburg, PA 17108-0093 (717)238-8187 -4- VERIFICATION The undersigned, WENDY M. MINICH, hereby certifies that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. WENDY ~. MINICH Dated: January ~ , 1987 -5- '£~ ~tJU~'l' U~' ~ULV~U~ ~ CUMBERLAND COUNTY, PENNSYLVANIA NO. 31 CIVIL 1987 JURY TRIAL DEMANDED FOSTER M. WIKE, IV and CAROL ANN WIKE, WENDY M. MINICH, Plaintiffs Defendant NOTICE OF DEPOSITION UPON ORAL EX~4INATION LAW OFFICES METZGER, WICKERSHAM, KNAUSS & ERB COMMONWEALTH NATIONAL BANK BUILDING Iii MARKET STREET R O. BOX 93 HARRISBURGt PENNSYLVANIA t7108-0093 FOSTER M. WIKE, CAROL ANN WIKE, Vo IV and Plaintiffs WENDY M. MINICH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 31 CIVIL 1987 JURY TRIAL DEMANDED TO: NOTICE OF DEPOSITION UPON ORAL EXAMINATION Foster M. Wike, IV and Carol Ann Wike, and William A. Addams, Esquire, their attorney FOWLER, ADDAMS, SHUGHART & RUNDLE 28 South Pitt Street Carlisle, PA 17013 You are hereby notified that the attorneys for the Defendant, Metzger, Wickersham, Knauss & Erb, will take the depositions of Foster M. Wike, IV and Carol Ann Wike upon oral examination for use as evidence at trial in the above action before Hughes, Albright, Foltz and Natale Reporting Service, Official Court Reporter, or before some other officer authorized to take depositions, at 10:00 a.m., on Friday, August 28, 1987, at the office of William A. Addams, Esquire, at 28 South Pitt Street, Carlisle, Pennsylvania, on all matters not privileged which are relevant and material to the issues and the subject matter involved in the pending action. Dated: August 25, 1987 METZGER, WICKERSHAM, KNAUSS & ERB 111 Market Street, P.O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 CERTIFICATE OF SERVICE AND NOW, this 25th-----day of August, 1987, I, James F. Carl, Esquire, of the law firm of Metzger, Wickersham, Knauss Erb, attorneys for Defendant, Wendy M. Minich, hereby certify that the within Notice of Deposition was served this day by depositing the same in the United States mail at Harrisburg, addressed to: Dated: August 25, 1987 William A. Addams, Esquire FOWLER, ADDAMS, SHUGHART & RUNDLE 28 South Pitt Street Carlisle, PA 17013 C-~rl~ Esquire _ 2 FOSTER M. WIKFE, IV and CAROL ANN WIKE, Plaintiffs WENDY M. MINICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 31 CIVIL 1987 JURY TRIAL DEMANDED REPLY AND NOW, comes the plaintiff, Foster M. Wike, IV, by his attorneys, Fowler, Addams, Shughart & Rundle, and makes the following reply to the defendant's answer with new matter. 12. The conclusion of law that the plaintiff was guilty of negligence is denied. 13. Denied. The answer to paragraph 12 is incorporated herein by reference. 14. Admitted. 15. The conclusion of law that the collision was caused by the negligence and carelessness of the additional defendant is denied. It is specifically denied that he had a red traffic signal. 16. The conclusion of law that the additional defendant is liabile is denied. WHEREFORE, the additional defendant requests the new matter be dismissed. FOWLER, ADDAMS, SHUGHART & RUNDLE VW-illia~. Addams Attorneys for Foster M. Wike, IV Plaintiff and Additional Defendant IMus: 'De q. pe',,,'n::en and subr:'.,ii:ed in dupiica:e, TO THE PROTHONOTARY OF' CU.XlBERL.-kND COUNTY P!sase list the following ::se: (C':.eck ..-ne'} ( X ) :'or JURY trial at the next :erin of .civil :ourL ( ) for :fi-..l without a jury.. CAPTION OF CASE (¢ntire'ca~ticn must be stated in full) FOSTER M. WIKE, IV and CAROL ANN WIKE, WENDY M. MiNICH (Plainti£0 '- VS. (Defendant) (check one) ~:: ( ) Ass'am:sit ( ) 'rres~ass (X) Tres.pa~ (Motor Vehicle) ( ) (other) The trial list will be called on s/25/s7 and 9/s/s7 . Trials commence on September 21, 1987 Pretrials will be held on 9/2/s7 (Briefs are due 5 days before pre- trials. ) (The party listinE this case for t~ia shall provide forthwith a copy of the p, raecipe to all counsel, pursuant to Iocal Rule 21&-l.) No. 31 Civil Indicate the attorney who will :,-,.' case .for the pa,-,'), who files uk~ praecipe: William A. Addams for the plaintiffs, Indicate trial counsel for other parties if '..nnown: 19 87 James F. Carl for the defendant: This c:~e is ready for trial. Signed: . ~~~" ~_~~-----~' William A. Addams Print Name: May 13, 1987 Plaintiffs At:urnev for: