HomeMy WebLinkAbout87-0062
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DIANA E. SCOTT : NO. 62 CIVIL TERM, 1987
VS. :
: CIVIL ACTION - LAW
:
MANCUSO TRANSPORTATION, INC. :
and JOHN H. BIRMINGHAM, JR. :
PRAECIPE
TO: THE PROTHONOTARY OF CUMBERLAND COUNTY
Reissue the Writ of Summons heretofore filed to John H.
Birmingham, Jr. and Mancuso Transportation, inc. and deliver a
copy to the Sheriff.
DATE: February,, 1987 ARTHUR D. WEEKS, ESQUIRE
SEIDENSTICKER, KEITER,
TARLOW & BAUGHMAN, P.C.
55 South Queen Street
York, PA 17403
Attorneys for Plaintiff
Diana Elaine Scott IN the Court of Common Pleas of
-vs- Cumberland County, Pennsylvania
John H. Birmingham Jr. and No. 62 Civil 1987
Mancuso Transporation, Inc. Summons in Civil Action Law
William K. Beck, Sheriff, who being duly sworn according to law, says he
made diligent search and inquiry for one of the within named defendantsto wit:
John H. Birmingham, but was unable to locate him in his bailiwick. He therefore
deputized the Sheriff of Lackawanna County, to serve the within Summons in Civil
Action Law according to law.
Lackawanna County Return: Now, thei 20th day of February, 1987, I hereby certify and ~
return that after diligent search and onquiry, I have been unabl to locate the within
named defendant, John H. Birmingham, Jr. within the limits of Lackawanna County, Pa.,
nor to ascertain his present whereabouts, and I do therefore return the within Summons
in Civil Action-Law as "NOT FOUND" as to the said defendant, John H. Birmingham, Jr.
So answers: John Szymanski, Sheriff
Lackawanna County return is hereto attached.
William K. Beck, Sheriff, who being duly sworn according to law, says he served the
within Summons in Civil Action Law, by mailing a certified letter return receipt
requested on January 16, 1987 upon the wihtin named defendant to wit: Mancuso
Transporation, Inc., at their last knownaddress being 18 Tremont Avenue P.O. Box 422
Binghamton, New York 13903. The letter was returned to the office of the Sheriff on
February 17, 1987 with reason chaecked NOT KNOWN SOUTHVIEW STATION. Letter is hereto
attached.
William K. Beck, Sheriff, who being duly sworn according to law, says he made
diligent search and inquiry for the within named defendant to wit: Mancuso
Transporation, I~c., but was unable t~ locate them in his bailwick. He therefore
deputized the sheriff of Lackawanna County to serve the withn Summons in Civil
Action Law according to law.
LACKAWANNA County Return: I hereby certify and return that on February 26, 1987
at 1:00 o'clock in the afternoon, I served a Reinstated Summons In Civil Action,
under the within caption, upon Manscuso Transporation, Inc. named as the defendant
therein, by handing to and leaving with Diane Manscuso, Office Manager and person
in charge at the time of service, a true and attested copy of the within Reinstated
Summons in Civil Action and I Made known to her the contents thereof, at 22 River St,
Carbondale, County of Lackawanna and State of Pennsylvania.
So answers: John Szymanski Sheriff Lackawanna County
Lackawanna County return is hereto attached.
Sheriff's Costs:
Docketing 18.00
Surcharge 4.00
Out of County 5.00 So answ~r~: _
L ac k aw a nm a Co un t y 58.80 ~ ~'~f~ ~~'~
$ 85.80 pd by atty William K. Beck, Sherif~~-
3-10-87
Sworn and Subscribed To Before Me
this /~ day of
Prothon~tary
Diana Elaine Scott
John H. Birmingham
62 Civil 87
~"~ff ~ C~.r~m~ C~umr~. p~.
o
JOHN SZYMANSKI-SHERIFF
Office of the Sheriff
LACKAWANNA COUNTY · SCRANTON, PENNSYLVANIA 18603 · (717) 963-6719
DIANA ELAINE SCCCT CUMBERI2%ND COUNTY, PA.
-vs -
SU~CNS IN CML ACTION-LAW
JOHN H. BIRMINGHAM, JR. and 62 CIVIL 1987
MANCUSO TRANSPORTATION, //~C.
COUNTY OF IACKAk~NNA: SS:
NOW, this 20th day of February, 1987, I hereby certify and
return that after diligent search and inquiry, I have been unable
to locate the within named defendant, John H. Birmingham, Jr.,
within the limits of Lackawanna County, Pa. nor to ascertain his
,
present whereabouts, and I do therefore return the within Sun;nons
In Civil Action-Law as "NOT FOUND" as to the said defendant,
John H. Birmingham, Jr.
SO ANSWERS, JOHN SZYMANSKI-SHERIFF
Dennis Buza
· Diana Elaine Scott
Mancusco Transporation, Inc.
,~'o. 62 .___~
.N'ow, .__ Februar~ 24 ~ 19~ %, SI~~ OF C~~~ CO~T~, ~.~ do
~ ~ ~ ~ of Lackawanna Co~ :o =~ ~ WMg
~a~ of Cu~~i C~mtT, Pz
Office of the Sheriff
JOHN SZYMANSKI-SHERIFF
LACKAWANNA COUNTY · SCRANTON, PENNSYLVANIA 18503 · (717) 963-6719
DIANA ELAINE SCOTT : NO. 62 Civil 1987
-rs- : REINST. SUM. CIVIL ACT.
MANSCUSO TRANSP., INC. : CUMBERLAND CO., PA.
COMMONWEALTH OF PENNSYLVANIA: COUNTY OF LACKAWANNA: SS:
I hereby certify and return that on February 26, 1987
at 1:00 o'clock in the afternoon, I served a Reinstated
Summons in Civil Action, under the within caption, upon
MANSCUSO TRANSPORTATION, INC., named as the defendant
therein, by handing to and leaving with Diane Manscuso,
Office Manager and person in charge at the time of service,
a true and attested copy of the within Reinstated Summons in
Civil Action; and I made known to her the contents thereof,
at 22 River St., Carbondale, County of Lackawanna and STate
of Pennsylvania.
SO ANSW~, JOH?ZYMANS~i, SHERIFF
THEODORE T WOMPIERSKI NOTARY PU6LIC,'
~ SCRANTON, LA£KAWANNA COUNTY
M? COMMISSION EXPIRES JULY 23. 1988
M~mber, PCnnsyW~m~ Assoc~ahon of
Commonwealth of Pennsylvania
County of Cumberland
DIANA ELAINE SCOTT
Court of Common Pleas
JOHN H. BIRMINGHAM, JR. No. 62 Civil
.....................................
BOx 1311 Crystal Lake In Summons
R.D.~ 1, Ca'rbondale, Pa. 18407 and .............................................
MANCUSO TRANSPORTATION, INC.
18 Tremont A~.e., PO Box 422
Binghamton, New York 13903
To __J_Qbn_Ht_~kr__m_i_o~bA_mj___J_r_:___a_n__d___M~_ ncuso Transportation, Inc.."
You are hereby no6fied that
Diana Elaine Scott
[he Plaindff has commenced an action in Sur~Blons - Civil Action-Law
against you which you are required to defend or a default judgment may be entered against you.
(SEAL)
LAWRENCE E. WELKER
................... ~g~-&- ..................
Date q_a_ ~9_a_ Y~V__I_ _2_L ............ 19__8_7_ By __~
DepuW
TRUE COPy
'~, .... , ~ECORff
IN THE COURT OF C05~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DIANA ELAINE SCOTT : NO. 62 CIVIL 1987
:
VS. : CIVIL ACTION - LAW
:
JOHN H. BIRMINGHAM, JR. and :
MANCUSO TRANSPORTATION, INC. :
PLAINTIFF'S INTERROGATORIES ADDRESSED
TO MANCUSO TRANSPORTATION, INC.
TO: Mancuso Transportation, Inc.
c/o William A. Addams, Esquire
28 South Pitt Street
Carlisle, PA 17013
We enclose herewith interrogatories propounded by Plaintiff
to be answered by Defendant, Mancuso Transportation, Inc., within
thirty (30) days from the date of service hereof, under oath
pursuant to Rule of Civil Procedure No. 4003.1, 4003.3 and 4003.5.
Your answers are to be in writing in the space provided (or on an
attached sheet of paper if insufficient space has been provided).
These interrogatories are continuing. Any information received
subsequent to the filing of your answers which would have been
included in your answers had it been known or available, is to be
supplied by supplemental answers.
Arthur D. Weeks, Esquire
SEIDENSTICKER, KEITER,
TARLOW & BAUGHMAN, P.C.
55 South Queen Street
York, PA 17403
Attorney for Plaintiff
1. Was Defendant insured for bodily injury liability to thir~
parties on February 9, 19857 If your answer is yes, give the name
and address of the company that provided the insurance coverage.
2. What were the terms of your insurance coverage to third
~ersons for bodily injury on February 9, 19857
3. Was John H. Birmingham, Jr. an employee of Mancuso
Transportation, Inc. on February 9, 19857
4. Was John H. Birmingham, Jr. operating a tractor-trailer
owned or under lease to Mancuso Transportation, Inc. with its
knowledge and consent on February 9, 19857
5. What were the terms of the engagement between Mancuso
Transportation, Inc. with Joh~ H. Birmingham, Jr.?
6. Did Mancuso Transportation, Inc. test the driving skills
of John H. Birmingham, Jr. at any time~ If so, describe the
test given. '
7. Did Mancuso Transportation, Inc. investigate John H.
Birmingham, Jr.'s driving record for accidents or moving motor
vehicle violations before or at the time of hiring?
8. What is the last address you have for John H.
Birmingham, Jr.?
9. State:
(a) How many years you had been engaged in t
trucking business on February 9, 1985.
(b) How many terminals you operated and their locatio
on February 9, 1985.
(c) How many truck-tractors you employed in your
business on February 9, 1985.
(d) How many trailers you employed in your business on
February 9, 1985.
(e) The unit or equipment designation number of the
truck-tractor and trailer involved in the accident on February 9,
1985.
10. (a) From whom did you purchase the truck-tractor
involved in the accident February 9, 1985. Do you have or are
the purchase order and specifications available to you.
(b) From whom did you purchase the trailer involved in
the accident February 9, 19~5. Do you have or are the purchase
order and specifications available to you.
(c) Do you have a maintenance log or maintenance
record for the truck-tractor involved in the accident February 9,
1985. For the trailer involved in the accident February 9, 1985.
(d) Was the truck-tractor involved in the accident
February 9, 1985 inspected under the inspection laws of any of
the United States prior to the accident. If so, which state;
where; on what date; by whom; and do you have or are the reco
of that inspection available to you.
(e) Was the trailer involved in the accident Februar~
9, 1985 inspected under the laws of any of the United States
prior to the accident. Which state; where; on what date; b
whom; do you have or are the records of that inspection available
to you.
(f) Were either the truck-tractor or trailer involved
in the accident on February 9, 1985 involved in an accident at an
earlier date. If so, where; when; the cause of the accident; the
damages; whether suit was begun as a result of the accident and
its caption; whether you have in your possession or available to
you accident reports, police reports, damage estimates and repair
work sheets.
11. State:
(a) Whether you have a list of the tires in use on the
truck-tractor, the trailer involved in the accident on February
9, 1985.
(b) When and from_whom were the tires purchased. Do
you have or are the purchase orders for the tires available to
yOU.
(C) Do you have a log or any other record of when the
tires were placed on the truck-tractor or the trailer involved in
the accident February 9, 1985.
(d) Did your employees make periodic checks of the
tires. How and when. Was a record made of the checks.
12. State or describe:
(a) The braking system on the truck-tractor involved
in the accident on February 9, 1985; the trailer.
(b) Do you have a maintenance log or schedule for the
braking system of the truck,~ractor; of the trailer.
(c) Were periodic checks of the braking system made.
How and when. By whom. Was a record made of those checks.
13. (a) What was the gross weight of the truck-tracto[
involved in the accident February 9, 1985.
(b) What was the empty weight of the trailer involved
in the accident February 9, 1985.
(c) Where, by w~°m and on what date were the truck
tractor and trailer weighed prior to the accident. Was a record
made.
(d) Were the vehicles hauling cargo at the time of the
accident. What was the cargo weight. Was a weight slip or
weight record made.
(e) If the vehicles were carrying cargo at the time of
the accident, do you have or are bills of lading available to
you.
(f) Was the cargo damaged in the accident. To what
value. Were claims filed. If so, by whom, for what and in what
amount.
5EIDENSTICKER, K E IT E P-,-,
14. State:
(a) If an inspection of the truck-tractor, the
trailer, was made following the accident. By whom. Was a report
made.
(b) Was the truc~.-tractor or the trailer repaired as a
result of the accident. If so, do you have repair orders and
bills for such damages.
15. State:
(a) Where John H. Birmingham, Jr. was to drive the
vehicle involved in the accident February 9, 1985.
(b) Did John H. Birmingham, Jr. have a prescribed
route. Did he follow it.
(c) When did John H. Birmingham, Jr. report to work
for the trip in which the accident of February 9, 1985 occurred-
date and time. Do you have a record of this.
(d) Did John H. Birmingham, Jr. keep a record of his
work activities. Did you get the log or a copy of it.
(e) Was the truck-tractor involved in the February 9,
1985 accident equipped with a tachograph or similar device.
16. State:
(a) During the course of his employment, did you
provide John H. Birmingham, Jr. with any medical services. If
your answer is yes, furnish the dates and a description of the
services. Do you have any records pertaining to those services.
(b) During the course of his employment, did you
require that John H. Birmingham, Jr. provide you with any medical
reports.
(c) During the course of his employment, did you
provide a plan of or service a plan to or for John H. Birmingham,
Jr. for medical or surgical benefits. If the answer is yes to
either, were the benefits provided by insurance. What are the
dates on which John H. Birmingham, Jr. made application for
benefits; what were the nature of the benefits requested; what
physical conditions were involved; what insurance carrier or
carriers provided the payment of benefits, what was the duration
of disability.
(d) Prior to the accident, did John H. Birmingham, Jr.
during the course of his employment with you suffer while working
or report out ill from any injury, sickness, disease,
abnormality, body disorder or disfunction. If so, state the
kind, date of onset and duration of each event, the name and
address of the person or institutions that rendered treatment.
(e) Did John H. Birmingham, Jr. ever make claim for
medical or disability benefits under the provisions of any state
Workmen's Compensation Act or with the Social Security orI
Veterans Administration. If so, state the name of the agency,
the nature of the disability, the date of onset of the disability
and duration of the disability, the names and addresses of the
persons or institutions that rendered treatment and whether
benefits were granted.
(f) At the time of initial employment or any time
subsequent thereto, did John H. Birmingham, Jr. in an application
for employment or by any other means make known to you any
injury, disease, sickness, abnormality, body disorder or
disfunction that would not have been brought to light under parts
(a) through (~) inclusive of this question 16. If so, state how
you learned of this matter; its nature; extent and duration of
disablement, course of treatment and the names and addresses of
persons or institutions rendering treatment.
17. State whether John H. Birmingham, Jr. had ever been a
member of the Armed Forces of the United States. If so, state:
(a) The branch of service.
(b) His serial number.
(c) Dates of service and type of discharge.
(d) Whether John H. Birmingham, Jr. was receiving or
had made claim for a service connected disability pension. If
so, what was the nature of the disability.
18. State whether John H. Birmingham, Jr. had ever received
psychiatric care or treatment. If so, state:
(a) The nature of the disorder for which he was
treated and the name and address of any persons or institutions
rendering treatment.
(b) The date of onset and termination of treatment.
(c) The date of any confinement.
19. How long has John H. Birmingham, Jr. been employed by
you. state:
(a) The date of initial employment.
(b) Were there any lapses or suspensions in continuous
employment from the date he was first employed by you for any
reason. If so, state the reasons therefore, and the dates of the
period of unemployment.
(c) Has John H. Birmingham, Jr. continued in your
employment by you since February 9, 1985. If not, state why not.
(d) Was John H. Birmingham, Jr. suspended from
employment but retained on the list of your employees following
the accident of February 9, 1985. If so, state the reason for
and the duration of the suspension.
(e) Has John H. Birmingham, Jr. ever been sus
from employment with you but kept on the list of employees
because of any other traffic accidents. If so, state the dates
of the suspension and the reasons therefore.
(f) Has John H. Birmingham, Jr. ever been suspended
from your employment with you but kept on the list of employees
by reason of his breach of any company rules. If so, state the
dates of the suspension and the reasons therefore.
20. Has John H. Birmingham, Jr. been involved in any other
accidents in a motor vehicle either in or out of your employ
so, state: .
(a) The dates.
(b) Places. ~
(c) Names and addresses of other persons involved.
(d) Whether an accident report was filed with any
state or federal agency or department and the name and address of
same.
(e) Whether the accident was investigated by the
police or any regulatory body. If so, give the name and address
of the department or agency.
(f) Whether any suits or litigation was instituted as
a result of the accidents. If so, give the caption of each case.
(g) If settlement was reached without suit or
litigation, state whether there were any agreements, stipulations
or releases signed in conjunction therewith and whether the same
are in your possession, the possession of your insurance carrier
or available to you. If not in your possession, the possessi¢
of your insurance carrier, state where copies of the agreements
stipulations and releases may be obtained.
21. What was the condition of John H. Birmingham, Jr.'s
health immediately prior to the accident?
22. Do you have written or have you received verba2
medical, x-ray, hospital or other reports since the accident o!
February 9, 1985 about John H. Birmingham, Jr. of any injury
sickness, disease, abnormality or psychic disorder. If so,
where, when and by whom were such records and reports made and
where are they located.
23. State:
(a) What formal education John H. Birmingham, Jr.
possessed, where and when it was completed.
(b) What professional or training in a trade did J{
H. Birmingham, Jr. have, when and where did he secure it.
(c) Was John H. Birmingham, Jr. engaged in any othe
business, trade, job or occupation beside his employment wits
you.
24. What is the name, last known address and present
whereabouts of each person whom you or anyone acting on your
behalf knows or believes to have any relevant knowledge of the
conditions at the scene of the accident existing prior to, at or
immediately after the same.
25. State the names and addresses of any witnesses
including but not limited to medical witnesses known to you or
your counsel, whose names were not given in your answers to th.
previous interrogatory, whether or not you intend to call any of
said persons as witnesses at trial.
26. State the names and addresses of all persons whom it is
your present intention to call as witnesses at the trial of this
case.
27. Did you, or anyone on your behalf, obtain any
statements, oral or written, from any person who was a witness to
the accident alleged in the Complaint. If so, does any such
statement contain facts concerning the manner, place, time or
cause of the happening of the accident, or concerning the nature
and extent of decedent's injuries therefrom. If so, state where,
when and by whom each such statement was obtained, giving last
known address and present whereabouts.of each person named and
state the name and address of each person who is in possession,
custody or control of each written statement.
28. State whether any photographs were taken of the site of
the alleged occurrence. If yes, state:
(a) The subject matter of said photographs.
taken. (b) The date and_time of day said photographs were
(c) The name, address, job classification and employer
of the person taking the photographs.
thereof. (d) The name and address of the person having custody
E~/$TICKE R~ KEITER.
29. State whether any plans, drawings or diagrams exist or
were made, other than by counsel, of the site of the alleged
accident. If yes, statez
(a) The identify of each plan, drawing or diagram by
subject matter.
(b) The date when each was made.
(c) The name, address, job classification and employer
of the person making the plan, drawing or diagram.
(d) The name and address of each person who is in
possession, custody or control thereof.
30. (a) State whether you or anyone acting on your behal
is in possession of any statement by a representative
Plaintiff regarding the accident or the circumstances surround
the same.
(b) If so, state when each statement was made, whethe
oral or written, and if written, whether signed or unsigned, and
identify the person by name and address who gave each stateme
and the name and address of each person who took each statement
State the name and address of each person who is in possess
custody or control of each written statement. '
Arthur D. Weeks, Esquire
SEIDENSTICKER, KEITER,
)EN$TICKER. KEIT£R. TARLOW & BAUGHMAN, P.C.
RLOW ~ BAUG~MAN
........................ 55 South Queen Street
York, PA 17403
............ Attorneys for Plaintiff
-19-
COMMONWEALTH OF PENNSYLVANIA =
: SS=
COUNTY OF :
Before me, a Notary Public in and for said County and
Commonwealth, personally appeared
who, being duly sworn according to law, deposes and says that th~
facts set forth in the foregoing Answers to Interrogatories are
true and correct to the best of his knowledge, information and
belief.
Sworn and subscribed to
before me this
day of , 1987.
Notary Public
My Commission Expires:
,.CERTIPICAT OF SERVICE
AND NOW, TO WIT, this ~~ day of APRIL, 1987, I, AR~UR
D. WEEKS, ESQUIRE, Attorney for Plaintiff, do hereby certify that
I have, this date, forwarded-a copy of the within Plaintiff's
Interrogatories Addressed To Mancuso Transportation, Inc., by
depositing a copy of same in the United States mail, postage
prepaid, at York, Pennsylvania, addressed to all counsel of
record, as follows:
Cumberland County Prothonotary
Cumberland County Court House
Carlisle, PA 17013
William A. Addams, Esquire
28 South Pitt Street
Carlisle, PA 17013
Arthur D. Weeks, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DIANA ELAINE SCOTT : NO. 62 CIVIL 1987
:
VS. :
:
MANCUSO TRANSPORTATION, INC. : CIVIL ACTION - LAW
PLAINTIFF'S REQUEST FOR
PRODUCTION OF DOCUMENTS
TO: Mancuso Transportation, Inc.
c/o William A. Addams, Esquire
28 South Pitt Street
Carlisle, PA 17013
And now, this /~'~ day of JULY, 1987, pursuant to
Pennsylvania Rule of Civil Procedure 4009, as amended, comes the
Plaintiff by her attorneys, Seidensticker, Keiter, Tarlow &
Baughman, P.C., and requests Defendant produce for inspection,
examination and copying at 55 South Queen Street, York,
Pennsylvania, the following things and documents within thirty
(30) days of the date hereof.
1. The policy of insurance in force with Nationwide Mutual
Insurance Company on February 9, 1985 insuring Mancuso for bodily
injury liability with third parties.
2. The written test given to John H. Birmingham, Jr. prior to
or contemporaneously with his employment.
3. John H. Birmingham, Jr.'s driving record.
4. The equipment order or purchase order with Simpson Motor
Truck Company for the truck tractor involved in the accident
~'~c~,~., K~-~, February 9~ 1985.
LOW 8 BAUGHMAN ~
..................... 5. The equipment order or purchase order with Strick Trailer
Company for the trailer attached to the truck tractor involved in
the accident February 9, 1985.
6. The estimate of repairs to the truck-tractor involved in
the accident February 9, 1985.
7. The tire logs or records of placement on and inspection of
the tires on the truck tractor and trailer involved in the
accident February 9, 1985.
8. The maintenance and the inspection logs for the braking
systems of the truck tractor and trailer involved in the accident
February 9, 1985.
9. The weight slip for the load being hauled at the time of
the accident February 9, 1985.
10. The manifest or bill of lading for the load being hauled
at the time of the accident February 9, 1985.
11. John H. Birmingham, Jr.'s log for the trip in which the
accident occurred February 9, 1985.
12. John H. Birmingham, Jr.'s medical examinations and records
in your possession or in the possession of any carrier insuring
you.
13. John H. Birmingham, Jr.'s employment file.
14. Statements of R.E. Harmon, Lucy Berger and Nancy Fresno
signed or unsigned, transcripts of recorded statements or
interviews, recorded statements if not transcribed, or any
summary of recorded statements if not recorded or transcribed
~ST'CK~R, KE,~ER. verbatim as part of an investigation of the accident in question
LOW ~ BAUGHMAN
conducted by Defendant, Defendant's insurance carrier or anyone
else acting on behalf of Defendant.
15. Ail photographs, diagrams, sketches or similar graphics in
the possession, control or custody of the Defendant, counsel of
the Defendant, Defendant's insurer or anyone else acting on
behalf of Defendant which depict or relate to any aspect of the
accident of February 9, 1985.
16. All expert opinions, expert reports, expert summaries or
other writings of experts in the possession, custody or control
of Defendant, its counsel, its insurer or anyone acting on its
behalf.
17. All documents prepared by Defendant, or by any insurer,
representative, agent or anyone acting on behalf of Defendant
during an investigation of any aspect of the accident of February
9, 1985, including any document made or prepared up through the
present time with the exception of the mental impressions,
conclusions or opinions respecting the value or merit of a claim
or defense, or respecting strategy or tactics.
18. If not otherwise covered by the above Requests, the
complete claims/investigation/subrogation file(s) of Defendant's
insurance carrier dealing with the accident in question, with the
exclusion of the mental impressions, conclusions, or opinions
respecting the value or merit of a claim or defense or respecting
strategy or tactics.
These Requests are deemed continuing. Should Defendant or
~Sr,CKER~KE,rE~. anyone acting for it or on its behalf, its insurance carrier or
LOW ~ BAUGHMAN
counsel not be presently possessed of materials, but receive or
3
come into possession of them subsequent to providing things
hereunder, then the Defendant, anyone acting in its behalf, its
insurance carrier or its counsel shall have an ongoing obligation
to supplement these Requests by supplying such later acquired
things or documents.
Arthur D. Weeks, Esquire
SEIDENSTICKER, KEITER,
TARLOW & BAUGHMAN, P.C.
55 South Queen Street
York, PA 17403
(717) 848-1234
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, TO WIT, this _~__~day of JULY, 1987, I, ARTHUR D.
WEEKS, ESQUIRE, Attorney for Plaintiff, do hereby certify that I
have, this date, forwarded a copy of the within Plaintiff,s
Request For Production of Documents, by depositing a copy of same
in the United States mail, postage prepaid, at York,
Pennsylvania, addressed to all counsel of record, as follows:
Cumberland County Prothonotary
Cumberland County Courthouse
Carlisle, PA 17013
William A. Addams, Esquire
28 South Pitt Street
Carlisle, PA 17013
Arthur D. Weeks, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
DIANA E. SCOTT : NO. 62 Civil Term 1987
:
vs. : Civil Action - Law
MANCUSO TRANSPORTATION, INC. :
COMPLAINT
NOW comes Diana E. Scott by her attorneys, Seidensticker,
Keiter, Tarlow & Baughman, P.C. and brings this cause of action
wherein the following is a statement:
1.
Diana E. Scott is an adult individual residing at 88 Bishop
Road, Mechanicsburg, Pennsylvania.
2.
Mancuso Transportation, Inc. is a Corporation engaged in the
trucking business with offices at 22 River Street, Carbondale,
Pennsylvania.
3.
On or about 2:00 p.m. on February 9, 1985, Diana E. Scott
was operating a motor vehicle in an easterly direction on West
Lisburn Road in Upper Allen Township, Cumberland County,
Pennsylvania and came to a stop for a red light at its
intersection with United States Route 15 (Route 15).
At the same time a tractor and trailer owned by defendant
was being driven by one of its employees named John H.
2
Birmingham, Jr. with the knowledge and consent of defendant and
in the furtherance of defendant's business in a northerly
direction on Route 15.
5.
As John Birmingham approached the intersection of Route 15
with Lisburn Road, the traffic control signal several hundred
feet ahead of him controlling traffic on Route 15 changed from
green to red.
6.
When the signal controlling traffic on West Lisburn Road
changed from red to green, Diana Scott using due care and
assuming John Birmingham would obey the traffic signal, proceeded
forward from her stopped position just east of Cockley's Drive
into the intersection where John Birmingham negligently drove the
tractor-trailer into the front left side of the Scott vehicle.
7.
The negligence of John Birmingham and the defendant
consisted of:
A. Failing to bring the tractor-trailer to a halt at the
stop line prior to entering the nearside of the intersection in
obedience to the red traffic signal controlling his travel
contrary to Section 3112(a)(3)(i) of the Vehicle Code, 75 Pa.
C.S.A.
ENSTICKE~, KEITER~
B. Failing to maintain a look out of the roadway ahead of
.... ,]i~v?~.~ ..... him and the condition then and there existing or on arterial
roadways adjacently thereto.
3
C. Failing to have his vehicle under control so as to be
able to stop in time and avoid colliding with vehicles properly
and lawfully entering onto route 15 from his right.
8.
As a result of the negligence aforesaid, Diana Scott was
severely injured. In particular she sustained a fracture of the
left ulna; a fracture of the left radius; fractures to bones of
the left wrist and hand; fracture of a bone in the right wrist;
bruises of both knees; a laceration of the scalp above the left
ear extending beyond the left ear; injury to her left shoulder;
injury to her left elbow; injury to her cervical spine; injury to
her low back; an abrasion to the left side of her body extending
from the armpit to above the knee; numerous bruises and abrasions
over her body and extremities and extensive and deep loss of
flesh, fatty tissue, muscle, connective tissue, nerves and veins
of her left arm between the shoulder and hand.
9.
As a result of the injuries aforesaid, Diana Scott received
further damage to her body in order to save her left arm, namely
the removal of a vein from her left leg between the knee and
ankle that resulted in a permanent scar approximately one
centimeter wide; debridement of necrotic flesh, fat and muscle
from her upper and lower left arm; skin graft from her left
)ENSTICKER. KEITER.
buttock, hip and thigh from which she has permanent scarring.
AS a result of the injuries and surgical procedures
aforesaid, Diana Scott underwent severe and excruciating pain and
suffering which she continues to experience and will continue to
experience in varying degrees for the remainder of her life.
11.
As a result of the injuries aforesaid, Diana Scott suffers
and will continue to suffer for the remainder of her life
scarring of the left forehead, left arm, left upper leg and left
leg between the knee and ankle; limitations to the range of
motion of her left elbow, left ulnar, left radius, left wrist,
left hand and the third, fourth and fifth fingers of her left
hand, right wrist, both knees, cervical spine and low back. She
has sustained a permanent loss of muscle and soft tissue of the
left arm resulting in permanent weakness of the arm and hand.
12.
From a functional point of view Diana Scott has a permanent
impairment of her upper left extremities of 50%.
13.
As a result of the injuries aforesaid, Diana Scott has been
unable to enjoy and will be forever disabled from enjoying life's
pleasures.
14.
As a result of the scarring and physical limitations
,ENSTICKER, KEITE~,
aforesaid, Diana Scott has suffered great embarrassment and will
......... ~ .......... continue to do so for the remainder of her life.
15.
As a result of the scarring and physical limitations
aforesaid, Diana Scott has suffered emotional disturbances and
psychological disorders and will continue to do so for an
indefinite time in the future.
16.
On the day of the accident, Diana Scott was employed at Best
Western Inn, Carlisle, Pennsylvania as a cook earning $4.25 an
hour.
17.
By reason of her injuries and ensuing physical limitations,
she will be unable to continue to maintain herself in her usual
or related occupations.
18.
By reason of her injuries and physical limitations, Diana
Scott will have a very small choice of gainful occupations
thereby diminishing her economic prospects.
19.
The current and prospective loss of wages exceeds the limits
of the Pennsylvania No-Fault Insurance law.
20.
The medical expenses, exclusive of rehabilitation and
diagnostic x-ray, exceed $750.00.
21.
)ENSTICKER, K£ITER,
The amount in controversy exceeds the jurisdictional limits
...................... for compensary arbitration.
22.
Jury Trial is Demanded.
WHEREFORE, Plaintiff prays the Court find judgment against
the defendant for past, present and future pain and suffering,
embarrassment, loss of life's pleasures, emotional and
psychological injuries, physical injuries and limitations and
loss of earnings and earning capacity together with costs of
suit.
Respectfully submitted,
ARTHUR D. WEEKS, ESQUIRE
Attorney for Plaintiff
Attorney ID #07441
55 South Queen Street
York, Pennsylvania 17403
(717) 848-1234
Plaintiff versifies that the statements made in this
Complaint are true and correct. Plaintiff understands
that false statements are made subject to the penalties of 18
Pa.C.S. section 4904, relating to unsworn falsification to
authorities.
Diana E. Scott
7
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DIANA E. SCOTT : NO. 62 Civil Term 1987
vs. : Civil Action - Law
:
MANCUSO TRANSPORTATION, INC. :
NOTICE
YOU have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and notice are
served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further
notice for any money claimed in the complaint or for any other
claim or relief requested by the Plaintiff. 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.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 249-1133
IENSTICKER., KEITER,
RLOW B B.AUGHMAN
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DIANA E. SCOTT : NO. 62 CIVIL TERM 1987
:
VS. :
:
MANCUSO TRANSPORTATION, INC. : CIVIL ACTION - LAW
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA :
: SS:
COUNTY OF YORK :
Before me, the undersigned officer, personally appeared
Arthur D. Weeks, Esquire, who being sworn according to law deposes
and says that on October 8, 1987 he caused a copy of the Complaint
endorsed with a notice to plead to be served on Mancuso
Transportation, Inc. by depositing a copy of the same in the
United States mail, certified mail, return receipt requested,
addressed to defendant's counsel, William A. Addams, Esquire,
Fowler, Addams, Shugart & Runkle, Post Office Box 208, 28 South
Pitt Street, Carlisle, Pa., 17013, as evidenced by a copy of the
forwarding letter, mailing receipt and return card attached hereto
and made a part hereof.
Arthur D. Weeks, Esquire
I.D. #07441
Attorney for Plaintiff
Sworn and subscribed,to
before me this /~ ~
day of OCTOBER, 1987.
N ~y Public
My Commission Expires:
sElDEN sTICK. ER" i(.EITEI~-, -fA× coUnSeL
YO
~T~U~ D ~EEK~
~i~iam A. AddamS,
FOWLER, ADD'S, S~uGA~T
p.O. BOX
uth pi%% Street
orta%iOn' Inc.
r ~s~e, PA %7013
iana E. scott 6~ civil
~e: ~CP c~er~and county No.
~ ~ain% ~iled october 7,
Dear Mr. Addams:
' a certified coPY o~ the co~P~ hereO~ to f~e an
Enc~ose~ ~.~ twenty ~0} days from the
~987- you na~= yours trulY,
Answer -
ARTBUR D. wEEKS
ADW:djr
Enclosure
cc Diana E. scott
certified Mail ~p152926340
Return Receipt Requested
P "~g2 926 340
RECEIPT FOR CERTIFIED MAIL
NO ~NSURANCE COVERAGE PROVIDED
NOT FOR iNTERNATIONAL MAIL
(See Reverse)
~ ISent to
Street and No. ' --
2R ~c~t]f-h Pi ft
' P.O., State and ZIP Code
,' Carlisle. PA 17~l 3
~ Postage
· Certified Fee --
Special Delivery Fee
Restricted Delivery Fee
'Return Receipt Showing
to whom and Date Delivered
e~ Return receipt showing to whom,
o~ Date, and Address of Delivery
~ TOTAL Postage and Fees $
Postmark or Date
o 10/8/87
i,
DIANA ELAINE SCOTT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v. :
: No. 62 CIVIL 1987
MANCUSO TRANSPORTATION, INC. :
Defendant :
NOTIC~
To the Plaintiff:
You are hereby notified to plead to the enclosed New Matter
within twenty (20) days from service thereof or a default judgment
may be entered against you.
FOWLER, ADDAMS, SHUGHART & RUNDLE
~flliam k. Addams
Attorneys for Defendant
DIANA ELAINE SCOTT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: No. 62 CIVIL 1987
MANCUSO TRANSPORTATION, INC. :
Defendant :
ANSWER
AND NOW, comes the defendant, Mancuso Transportation, Inc.,
by its attorneys, Fowler, Addams, Shughart & Rundle, and makes the
following answer to the plaintiff's complaint:
1-2. Admitted.
3. Denied. At said time and place the plaintiff was
traveling west, and not "in an easterly direction".
4. Admitted.
5. After reasonable investigation, the defendant is
without knowledge sufficient to form a belief as to the truth of
the averment. The same is therefore denied and proof thereof
demanded.
6. Denied. The answer to Paragraph 5 is incorporated
herein by reference.
7. The conclusion of law that John Birmingham and the
defendant were negligent is denied.
8. After reasonable investigation, the defendant is
without knowledge sufficient to form a belief as to the truth of
the averments regarding the plaintiff's injuries and damages. The
same are therefore denied and proof thereof demanded.
9-20. The answer to Paragraph 8 is incorporated herein by
reference.
21-22. Admitted.
WHEREFORE, the defendant requests the complaint be dismissed.
NEW MATTER
By way of further answer and defense, the defendant asserts
the following in new matter:
23. The accident set forth in the complaint was caused
solely or in part by the contributory negligence of the plaintiff
in:
A. Failing to ascertain that the intersection was free
of oncoming traffic.
B. Failing to observe and/or continue to observe
defendant's vehicle prior to entering the intersection.
C. Relying on a green traffic signal.
D. Failing to look as she entered the intersection.
E. Failing to have her vehicle under control.
24. The injuries sustained by the plaintiff were caused
solely or in part by her voluntary failure to wear the seatbelt
and shoulder harness which were available to her.
25. The plaintiff assumed the risk of injury by her
voluntary failure to wear the seatbelt and shoulder harness which
were available to her.
WHEREFORE, the defendant requests the complaint be dismissed.
FOWLER, ADDAMS, SHUGHART & RUNDLE
Wil'liam A~ Addams
Attorneys for Defendant
28 South Pitt Street
P.O. Box 208
Carlisle, PA 17013
(717) 249-8300
VERIFICATION
Frank Mancuso, President of Mancuso Transportation, Inc.
hereby verifies that the facts set forth in the foregoing Answer
and New Matter are true and correct to the best of his knowledge,
information and belief, and understands that false statements
herein are made subject to the penalties of 18 Pa. C. S. ¢4904
relating to unsworn falsifications.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DIANA ELAINE SCOTT : NO. 62 CIVIL TERM 1987
:
VS. :
:
MANcuso TRANSPORTATION, INC. : CIVIL ACTION - LAW
PLAINTIFF'S SECOND REQUEST FOR
PRODUCTION OF DOCUMENTS
And now, this ~day of ~~ , 1987, pursuant to
Pennsylvania Rule of Civil Procedure 4009, as amended, comes
Plaintiff by her attorneys, Seidensticker, Keiter, Tarlow &
Baughman, P.C., and requests Defendant produce for inspection,
examination and copying at 55 South Queen Street, York,
Pennsylvania, the following things and documents within thirty
(30) days of the date hereof.
1. Provide copies of reports received by you from any expert
you intend to call at trial.
2. Provide copies of the curriculum vitae of any expert you
intend to call at trial.
Arthur D. Weeks, Esquire
Attorney for Plaintiff
Attorney I.D. No. 07441
SEIDENSTICKER, KEITER,
TARLOW & BAUGHMAN, P.C.
55 South Queen Street
York, PA 17403
CERTifiCATE Or SERVICE
ARTHUR D. WEEKS, ESQUIRE, Attorney for Plaintiff, do hereby
certify that I have, this date, forwarded a copy of the within
Plaintiff's Second Request for Production of Documents, by
depositing a copy of same in the United States mail, postage
prepaid, at York, Pennsylvania, addressed to all counsel of
record, as follows:
William A. Addams, Esquire
28 South Pitt Street
Carlisle, PA 17013
Attorney for Defendant
Arthur D. Weeks, Esquire
Attorney for Plaintiff
IDENSTIC KE It., KEITER,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DIANA ELAINE SCOTT : NO. 62 CIVIL TERM 1987
:
VS. :
MANCUSO TRANSPORTATION, INC. : CIVIL ACTION - LAW
REPLY
Now comes Plaintiff, Diana Elaine Scott, by her attorneys,
Seidensticker, Keiter, Tarlow & Baughman, P.C., and makes the
following reply to Defendant's New Matter.
23. Denied. The accident set forth in the Complaint was
caused solely by the negligence of the Defendant as stated, and
further
A. Plaintiff looked to her left as she proceeded toward
the intersection; looked to her right; and looked to her left
again at which time the Defendant's employee, James H.
Birmingham, Jr., was entering the intersection at 50 MPH in
disobedience to a red traffic signal by reason whereof Plaintiff
had insufficient time or distance to stop before Defendant's
vehicle ran into hers.
B. The answer to A is incorporated herein by reference.
C. The answer to A is incorporated herein by reference.
D. The answer to A is incorporated herein by reference.
E. The answer to A is incorporated herein by reference.
24. Denied. Impact was at a right angle to Plaintiff's line
of travel. Had she been wearing a seat belt she would have
sustained severe injury to her head, cervical spine, lower spine,
1
pelvis, torso and extremities.
25. Denied. At the time Plaintiff was operating her motor
vehicle she had no forewarning that Defendant's employee, James
H. Birmingham, Jr., would ignore a red traffic signal and proceed
through the intersection without slowing or stopping.
WHEREFORE, Plaintiff demands judgment against Defendant as
,ed for in the Complaint.
Arthur D. Weeks, Esquire
Attorney for Plaintiff
Attorney I.D. No. 07441
SEIDENSTICKER, KEITER,
TARLOW & BAUGHMAN, P.C.
55 South Queen Street
York, PA 17403
VERIFICATION
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. §~4904 relating to unsworn
falsification to authorities.
Diane Elaine Scott
)ENSTIC KE R.. KEITE R.,
CERTIFICATE Or SERVICE
AND NOW, TO WIT, this ~day of ~~ , 1987, I,
ARTHUR D. WEEKS, ESQUIRE, Attorney for Plaintiff, do hereby
certify that I have, this date, forwarded a copy of the within
Reply, by depositing a copy of same in the United States mail,
postage prepaid, at York, Pennsylvania, addressed to all counsel
of record, as follows:
William A. Addams, Esquire
28 South Pitt Street
Carlisle, PA 17013
Attorney for Defendant
Arthur D. Weeks, Esquire
Attorney for Plaintiff
IDENSTICKER, KEITER,
PRA£CIPE FOR LISTI3/G CASE FOR TRIAl,
(,5lust be typewritten and submitted in duplicate)
TO THE PROTHONOTARY. OF CUMBERL.&ND COUNTY
P!ea~e !~st :he foilcwing case:
(Check one) ( x ) (er JURY trial at the next term or' :ivil court.
( ) for trial without a iurv.
CAPT!ON OF CASE
(entire caption must be stated in full) (check one)
( ) A~sumps~t
( ) Trespass
DI32q'A ELAINE SCOTT
(x) Trespa.~ (Motor Vehicle)
( )
(PlamtifO (o thor)
VS.
The tr±al [±s~: w±!l be called on
April 12 and April 26
MANCUSO TRANSPORTATION~ INC. "
Tr±als commence on
Pzer. r±als w±ll be held on May 9
(Defendant) (Br±ef$ are due 5 days be£ore pre-
,~s. t:r:i.a/.s. )
(The party l.i.s+.±ng rh±s case ~or t:r±al
shall prov±de 5orl:hw±l:h a copy o£ l:he
praec±pe eo all counsel, puzsuan~ ro
local Rule 214-1.)
No. , 6 2 Civil Term
i9 87
Indicate the attorney who will ~.~, case rbr the party who flies ~is praec~pe:
ARTttUR D. WEEKS
kn~cate trial counsel for o~hcr parties if .known:
WILLIAM A. ADDAMS
Th.i~ case i~ ready r'or mai.
Signed:
Print Name: Arthur D. Weeks
Date: Januarv 22, 1988
Attorney for: Plaintiff
DIANA ELAINE SCOTT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
V. ~
: No. 62 CIVIL 1987
MANCUS0 TRANSPORTATION, INC. :
Defendant :
DEFENDANT'S PRE-TRIAL MEMORANDUM
1. FACTS: This action arises out of an automobile accident
in Upper Allen Township that occurred at about 2:00 p.m. on
Saturday, February 9, 1985. The defendant's tractor and trailer
was traveling North on Route 15 in the right hand lane. The
driver, who cannot be located, apparently failed to see the
traffic signal at the intersection with Lisburn Road. The
plaintiff was traveling West on Lisburn Road from her home on her
way to work in Carlisle. The weather was clear and dry. As she
approached the intersection the light turned red and she came to a
stop. When the light turned green she proceeded forward, looking
to her left, and saw the truck almost 100 yards away. She looked
to her right, then back to her left as she was about to enter the
highway, saw the truck, but it was too late. The right front of
the tractor colllded with the left front fender of the plaintiff's
car. Miss Scott was ejected, and her left arm was severely
injured.
2. DAMAGES: The plaintiff claims damages for pain and
suffering, disfigurement and loss of future earning capacity as a
result of a permanent injury to her left arm.
5. ISSUES: Comparative negligence and the extent of
damages.
4. EVIDENCE: The defendant withdraws its "seat belt"
defense.
5. WITNESSES: Frank Mancuso.
6. EXHIBITS: Photos of scene
Narrated videotape of plaintiff's view of
northbound traffic and the intersection.
7. SETTLEMENT NEGOTIATIONS: Continuing.
Respectfully submitted,
FOWLER, ADDAMS, SHUGHART & RUNDLE
W~liam'~[.~Addams
28 South Pitt Street
P.O. Box 208
Carlisle, PA 17015
(717) 249-8500
Attorneys for Defendant
DATED: April 27, 1988
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DIANA ELAINE SCOTT : NO. 62 CIVIL TERM 1987
VS. :
MANCUSO TRANSPORTATION, INC. : CIVIL ACTION - LAW
PRETRIAL MEMORANDUM
Submitted by: Arthur D. Weeks for Diana Elaine Scott.
Statement of Basic Facts As To Liability
Diana Scott was operating an automobile on Lisburn Road in a
westerly direction in Upper Allen Township. Defendant's employee
was operating a fully loaded tractor-trailer combination in a
northerly direction on United States Route 15 (U.S. 15)· The
intersection of those two roads was controlled by traffic
signals.
East Lisburn Road had two (2) "stop here on red" positions;
one fifty-five (55') ~feet east of U.S. 15, and the other at the
edge of U.S. 15 to accommodate traffic coming off Cockley Drive
which paralleled U.S. 15 on the east and to the south of Lisburn
Road.
Miss Scott stopped for a red traffic signal at the first
"stop here on red" position. When the light turned green she
SE~DE~T,CKE~.KE~ER. looked to her left and saw a tractor-trailer nearing a telephone
TARLOW ~ BAUGHMAN
^T%~:~%%%~:~\:~7~.~o~T~ sign on U.S. 15, about three hundred feet (300') south of the
~i~:~:~ intersection· She then looked to her right until she could see
past an embankment for south bound traffic on U.S. 15. As she
1
looked to her left again and was about to enter onto U.S. 15 she
observed the tractor-trailer upon her and a collision occurred.
The right front of the tractor collided with the left front of
the automobile. The collision was of such force that Miss Scott
was ejected from the left side of her vehicle sustaining multiple
injuries.
®
Statement of Basic Facts As to Damages
As a result of the collision Miss Scott incurred the
following injuries:
a) fracture of the left radius
b) fracture of the left ulna
c) severance of the two major arteries of the left forearm
d) fractures of the bone of the left wrist and hand
e) fracture of a bone in the right wrist
f) bruises of both knees
g) laceration of the scalp above the left eye extending to
the left ear
h) contusion of the left shoulder
i) injury to the left elbow
j) injury to the cervical spine
k) injury to the low back
SE'~E~¢~ER. KE,~ER, 1) extensive and deep loss of flesh, fatty tissue, muscle,
TAI~LOW ~s BAUGHMAN
^~2~?:£:~'T:~^:~k~o~.o~,~ connective tissue, nerves and veins of the left arm between the
:;::::~":,~o~ shoulder and the wrist
m) multiple abrasions.
2
As a result of corrective surgery Miss Scott received
additional injuries consisting of:
a) loss of the saphenous vein between the left knee and
left ankle
b) a scar one-half inch (1/2") wide between the left knee
and left ankle
c) the loss of the epidermis of approximately one-fourth
(1/4th) of her left thigh.
Physical disabilities resulting from the above injuries
consist of:
a) loss of 50% of the use of the upper left extremity
b) massive scarring of the upper left extremity subject to
photosensitivity
c) a bright scar on the left forehead subject to
photosensitivity
d) a large scar on the left thigh subject to
photosensitivity
e) a red scar between the left knee and the left ankle
subject to photosensitivity
f) cracking, grinding and pain of the cervical spine
g) pain in the low back
h) pain in both knees
i) pain in the right wrist.
5EIDENSTICKEI~, KEITER,
TARLO~ ~ BAUGHMAN
..........................~ovT~T~T AS a result of the injuries Miss Scott has undergone and
:;i~-'~%~ will undergo for the remainder of her life pain and suffering.
As a result of the scarring Miss Scott has experienced and
3
will continue to experience shame, humiliation and embarrassment.
As a result of the injuries she sustained Miss Scott has and
will continue to forego life's pleasures.
As a result of her injuries Miss Scott has and will continue
to have a diminished earning capacity.
3.
A Statement As To The Principal Issues
Of Liability And Damaqes
a) Was the defendant negligent?
b) Was plaintiff negligent: If so, to what extent?
c) Were plaintiff's injuries caused by defendant's
negligence?
d) Are the plaintiff's injuries permanent?
e) Does plaintiff have diminished earning capacity? If
so, what are her damages for past and future economic loss?
f) Is plaintiff entitled to damage for pain and suffering?
g) Is plaintiff entitled to damages for shame, humiliation
and embarrassment?
h) Is plaintiff entitled to damages for the loss of life's
pleasures?
4.
A Summary Of Leqal Issues Reqarding
Admissibility of Testimony, Etc.
Defendant has raised what is known as the "seat belt"
5EIDENSTICKER., KEITER,
A.%~?'.%%%~E\~7~ defense under New Matter. The question whether the failure to
~Z;~:'~ wear a seat belt is admissible in accident cases happening before
the passage of the Act of 75 Pa. C.S. 4581(A) (2) was answered in
4
the negative by the Superior Court in Banknecht v. Mieczkowski,
No. 1086 Philadelphia 1987, February 9, 1988.
Plaintiff requests the Court direct defendant not to ask
plaintiff any questions about her use of a seat belt at the time
of the accident.
Se
Identity Of Witnesses To Be Called
a) Diana Elaine Scott - plaintiff
b) Barbara S. Scott - plaintiff's mother as to plaintiff's
complaints and activities before and since the accident.
c) Nancy Fresno - witness to the accident
d) Lucy Barger - witness to the accident
e) Richard E. Hammion - investigating police officer
f) Frank J. Travisano, M.D. - vascular surgeon (by
videotape)
g) Morton L. Rubin, M.D. - orthopedic surgeon (by
videotape )
h) David C. Leber, M.D. - plastic surgeon
i) Robert A. Gordon, M.Ed. - vocational evaluation
j) Andrew G. Verzilli, Ph.D. - economist
k) Frank Mancuso - as on cross examination
1) Such other experts as plaintiff deems necessary to
reconstruct the accident.
SEIDENSTICK£R~ KEITER, TAR. LOW ~ BAUGHMAN
~,~:~'~L'~':'~,~ Plaintiff ' s Exhibits
a) Form B.M. No. 260 Rev. (9/83) Harrisburg Hospital
5
b) Nurses Flow Sheet - Emergency Department, Harrisburg
Hospital
c) x-ray report 2/9/85 - left forearm
d) arteriogram 2/9/85 - left arm
e) x-ray report 2/9/85 - left forearm - right wrist
f) x-ray report 2/9/85 - skull - lateral neck
g) arteriogram 2/10/85 - left arm
h) x-ray report 2/10/85 - cervical spine
i) x-ray report 2/14/85 - left forearm
j) x-ray report 3/2/85 - left forearm
k) x-ray report 3/8/85 - right hand - left hand - left
forearm
1) x-ray report 3/21/85 - right knee - left forearm
m) progress record 2/20/85
n) progress record 2/23/85
o) progress record 2/26/85
p) progress record 3/2/85
q) progress record 3/4/85
r) progress record 3/5/85
s) progress record 3/9/85
t) progress record 3/13/85, 3/14/85, 3/15/85
u) progress record 3/16/85
v) progress record 3/19/85
w) progress record 3/20/85
x) 3 photographs - plaintiff's legs, left thigh and left
side
aa) 1 photograph of front of truck
bb) 2 photographs looking across U.S. 15 and east on Lisburn
Road
cc) 1 photograph showing Cockley Road paralleling U.S. 15
dd) 1 photograph looking south on U.S. 15
ee) 1 photograph looking north on U.S. 15 from area of
telephone sign
ff) 6 photographs of damage to plaintiff's vehicle.
gg) Bill of Lading for 44,888 pounds of freight
7.
Status Of Settlement Neqotiations
Plaintiff demands $400,000.00.
Defendant has offered $240,000.00.
Respectfully submitted,
Arthur D. Weeks, Esquire
I.D. 07441
Attorney for Plaintiff
55 South Queen Street
York, PA 17403
(717) 848-1234
$~19 J. Bayle¥
DIANE ELAINE SCOTT : IN THE COURT OF COMMON PLEAS JIF
Plaintiff : CUMBERLAND COUNTY~ PENN~.~YLVANIA
vs. : NO. 62 CIVIL 1987
MANCUSO TRANSPORTATION, INC., :
Defendant : IN TRESPASS (M.V.)
At a pretrial conference held April 20, 1988, before Edgar
B. Bayley, Judge, present for the Plair~tiff was Arthur D. Weeks,
Esquire. Present for the Defer, dant was Willia~ A. Addar~s,
Esquire.
This is an autor~obile accident case occurrin~ on February 9,
1985 under the Old No-Fault Act. It was an ir~tersection acciderr~
at Route 15 and Lisburn Road. Defendant ad~r~its that he was
negligent in operatin~ his tractor-trailer, but liability is
contested upon a clai~ that Plaintiff was contributorily
r~e~li~ent. There is no recovery for r~edical bills or lost wa~es,
but Plaintiff is clair~in~ ~eneral da~a~es for serious perr~ar~ent
ir~uries and loss of earnin~ capacity. Defendant offered to
settle durir~l the pret¥~ial cc, nference i'r'~ the a~ount of
$250,000.00.
Defer~dant stipulates as to the authenticity of any medical
records sought to be introduced. If there is otherwise an
objection to ad~issibility or relevancy, the issues should be
presented to the trial ~ud~e at the be~ir, nir~ of the trial. The
parties stipulate as to Plair~tiff's life expectancy being 57.4.
Pa~_le 2 ,-,f 2
Defer, dar, t proposes to shoot a videotape of the scer, e of the
accider, t for adr,lissior- at trial. If this is dc, r,e, Defer, dar, t
should provide Plair, tiff's cour.sel ar. adequate tittle prior to
trial to view the tape. if ar, y ob~)ectior, s are to be raised
rega'rdir,~ the ad~,~issibility of such evider, ce, those ob.]ectior, s
should be made by Defendar, t at the co~,w~encemer, t of trial.
Estin~ated ti~,~e of trial - 2 to 2 1/2 days.
~rt,
Edgar B. Bayley, J.
Arthur D. Weeks, Esquire
For Piair'tiff
Williar,~ A. Addams, Esquire
Fc, r Defer, dar, t
sod
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DIANA ELAINE SCOTT : NO. 62 CIVIL TERM 1987
VS. :
MANCUSO TRANSPORTATION, INC. : CIVIL ACTION - LAW
PRAECIPE
TO THE PROTHONOTARY:
Kindly enter my appearance in the above matter on behalf of
the plaintiff, Diana Elaine Scott.
Respectfully s~mitted,
A~rney fbr Plaintiff
Attorney ID 923474
55 South Queen Street
York, Pennsylvania 17403
(717) 848-1234