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HomeMy WebLinkAbout87-0075LORI ANN FERN, Plaintiff Ve STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER, ELEANOR S. PEFFER, and CHRISTOPHER LEYON Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 75 CIVIL 1987 IN RE: PLAINTIFF'S POST-TRIAL MOTIONS Before HOFFER, J. and HESS, J. ORDER OF COURT post-trial relief is denied. plaintiff's motion for By the Court, Je Paul Lockrey, Esquire Francis H. Del Duca, Esquire For the Plaintiff George F. Douglas, Jr., Esquire For Defendant Leyon James K. Thomas II, Esquire For Defendants peffer LORI ANN FERN, Plaintiff Ve STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER, ELEANOR S. PEFFER, and CHRISTOPHER LEYON Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 75 CIVIL 1987 IN RE: PLAINTIFF'S POST-TRIAL MOTIONS Before HOFFER, J- and HESS, J. OPINION AND ORDER OF COURT Facts On February 9, 1985, plaintiff was a passenger in a vehicle driven by defendant Leyon. The couple were traveling westbound on Route 641. At the same time, defendant Stephen peffer was traveling eastbound on the same road. As Peffer cleared a rise in the road, he observed snow and ice on the road immediately in front of him. (N.T. 37.) peffer's vehicle began to skid on the ice, and he testified that he immediately began lightly pumping his brakes. (N.T. 38.) The vehicle nevertheless continued to slide into the westbound, or opposite, lane of traffic, in which the automobile carrying plaintiff and defendant Leyon was approaching. The two vehicles collided, and plaintiff suffered numerous injuries. Plaintiff sought damages from both drivers. She charged that defendant peffer was negligent in handling his vehicle when it began to slide. Plaintiff also charged defendant Leyon with various acts of negligence, including that of failing 15 CIVIL 1987 to wear a contact lens in one eye, despite a restriction in his license that he do so when driving. A bifurcated jury trial was held, and the jury rendered a verdict in favor of both defendants. Plaintiff thereupon filed a motion for post-trial relief in the form of a request for judgment n.o.v., or, in the alternative, a new trial. Discussion The grant or refusal of a new trial lies within the inherent power of the trial court, and the decision on a motion for a new trial lies within the court's discretionary authority. Spang & Co. v. U.S. Steel Corp., 519 Pa. 14, 24, 545 A.2d 861, 865 (1988). A court may grant a new trial on the ground that the verdict is against the weight of the evidence only when the verdict is so contrary to that evidence so as to shock one's sense of justice. Peair v. Home Ass'n of Enola Le~ion No. 751, 287 Pa. Superior Ct. 400, 410, 430 A.2d 665, 670 (1981). A new trial should not be granted where the evidence is conflicting and the jury might have found for either party. Judgment n.o.v, is an extreme remedy, properly entered by the trial court only in a clear case. Robertson v. Atlantic Richfield, 371 Pa. Superior Ct. 49, 58, 537 A.2d 814, 819 (1987). The Court must view all evidence in the light most favorable to the verdict winner, and should enter a judgment n.o.v, only when no two reasonable minds could fail to agree that the verdict was improper. Id. Any doubts must be resolved in favor of the verdict winner. Atkins v. Urban Redevelo_~ment Authorit~_~ Pittsburgh, 489 Pa. 344, 351, 414 A.2d 100, 103 (1980). -2- 75 CIVIL 1987 Plaintiff first contends that the jury erred in not finding defendant peffer negligent, sPecifically, plaintiff contends that the mere fact that peffer's automobile was not in its own lane at the time of the accident is negligence per se. While the vehicle Code at 75 Pa.C.S.A. §3301 generally requires that all vehicles be driven on the right side of the road, our courts have held that the presence of a vehicle in the wrong lane if the defendant is unable to is only an inference of negligence w explain his presence in the wrong lane. Krupa by Krupa v. Williams, 316 Pa. Superior Ct. 408, 416, 463 A.2d 429, 433 (1983). Thus, only if defendant peffer was unable to offer a reasonable explanation for his automobile being in the left lane may his negligence be inferred. Corporal Edward L. Shaffer of the Silver Spring Police Department, the officer who first arrived at the accident scene, testified that he had driven the same route as peffer shortly before the accident occurred. (N.T. 20.) Corporal Shaffer stated that the road was clear of snow or ice until he crested the rise immediately before the collision site. (N.T. 24.) Once Corporal Shaffer had crested the rise, he immediately encountered snow blowing across the road in the opposite lane, and ice across the entire road. (N.T. 26.) He noted that, since the road was clear until immediately after passing the crest of the small hill, a driver would have no warning of such road conditions -3- CIVIL 1987 until actually encountering them-1 Defendant peffer testified that he was driving within the speed limit within the time span in which the accident occurred. (N.T. 48-49.) Immediately upon starting downhill, he simultaneously observed snow blowing across the road and felt his vehicle begin to slide. (N.T. 37-38.) He immediately began lightly pumping his brakes. (N.T. 38.) His automobile continued to skid into the opposite lane of traffic, in which the vehicle carrying plaintiff was rapidly approaching. (N.T. 38-39.) Finally, immediately before the collision, Peffer ceased pumping the brakes and instead "jammed on" the brakes in a final attempt to avoid a collision. (N.T. 39.) Considering the above testimony, we do not believe that the jury erred in finding that defendant peffer was not negligent in his actions prior to the accident. There was no snow or ice on the road whatsoever before the site of the accident, thus providing peffer with no reason to suspect such conditions would be encountered. The snow and ice at the accident scene were not visible until Peffer had crested the small hill or rise, and then were encountered immediately after starting downhill, giving him no time to react. Peffer testified that he was traveling within the speed limit, and that he reacted appropriately when his vehicle began to slide on the ice, first gently pumping the brakes and only forcefully "jamming" them as an emergency measure 1 After encountering the snow and ice, Corporal Shaffer radioed a request for PennDOT to plow and cinder at the site. (N.T. 21.) However, PennDOT did not respond until after the accident had occurred. (N.T. 18.) -4- 15 CIVIL 1987 immediately before the accident. trial nor for a judgment n.o.v. Neither the standard for a new has been met as regards defendant peffer.2 The basis for plaintiff's charge of negligence against defendant Leyon is that, on the night of the accident, he was allegedly not wearing a contact lens in his right eye as required by his license. Plaintiff contends that, had he been wearing the lens, the collision may have been avoided or minimized. However, the evidence is not clear on whether or not Leyon was wearing the contact lens at the time the collision occurred, and it is also questionable whether the absence of the contact lens would have had any effect in preventing the collision. We note first that defendant Leyon did sign a statement for his insurance company approximately nine days after the accident, in which he admitted that he was not wearing the lens at the time of the accident. (N.T. 52-53.) No explanation was given by Leyon as to why he signed this statement. Plaintiff points to the existence of the statement as proof that Leyon was not wearing his lens, and that the verdict in his favor was therefore erroneous. This situation, however, is not so clear-cut as plaintiff contends. Leyon suffered a concussion in the accident. (N.T. 53.) He testified that, as a result of this injury, he has no memory of the accident itself, or of many of the events preceding it, including whether or not 2 We note that the entire issue of peffer's negligence appears to have become moot, as he and plaintiff reached a settlement prior to the verdict. -5- u5 CIVIL 1987 o he was wearing his contact lens. (N.T. 53-54.) Even more significantly, Corporal Shaffer testified that he had interviewed Leyon at the hospital shortly after the accident, but before Leyon signed the statement at issue, and that Leyon had no memory whatsoever of the accident. (N.T. 11, 19.) In sum, while Leyon did sign a statement for his insurance company admitting that he was not wearing his lens, there is evidence that both before and after the signing of this statement, Leyon had no memory as to whether or not he was in fact wearing it. When faced with such conflicting evidence, the jury was free to choose the more credible. It chose to disregard the insurance statement, and, based on the above testimony regarding Leyon's memory loss, we are unable to state that such a choice was in error. In addition, even if Leyon were no~ wearing the lens, it is doubtful that this fact would have had any effect on the occurrence of the accident, as he was only required to wear a lens in his right eye, and it is highly questionable whether even perfect vision would have enabled him to avoid the collision when Peffer's vehicle suddenly skidded into his path. We therefore find that the standards for either a new trial or a judgment n.o.v, have not been met in the verdicts for either of the defendants. In neither case is the verdict so contrary to the weight of the evidence as to shock one's sense of justice. Likewise, viewing all evidence in the light most favorable to the defendants as the verdict winners, we do not find that two reasonable minds would necessarily agree that the verdict was improper. -6- ~5 CIVIL 1987 ORDER OF COURT post-trial relief is denied. plaintiff's motion for Paul Lockrey, Esquire Francis H. Del Duca, Esquire For the Plaintiff George F. Douglas, Jr., Esquire For Defendant Leyon James K. Thomas II, Esquire For Defendants Peffer By the Court, G ~..~of~er, ~ J. -7- DOUGLAS & DOUGLAS ATTORNEYS AT LAW 27 W. HIGH STREET P. O. BOX 261 CARLISLE, PENNSYLVANIA ' DAtivE. O? OPF-g-~,~TiC,'i: SUDSDC~¢: -02-1 ].-85 2:30 Pi4 - 4:30 Dr. Bryan Nurse Goudy p~EOPERkTIVE DI3~OSIS: Fracture dislocation of the left hip With a stellate, t~o-part fracture of tJ%e left acetabulum POUf OPERATIVE DI~'~,k~SIS: OPERATI~q: Open reduction of the fracture dislocation of the left hip with internal fixation using two malleolar type screws after arthrotcFay of the hip and debridement ppdqDp~-~Ai~IVE STAYi~S: An 18-year-old female college student who sustained mul- tiple trat~na and had a previous closed reduction of the fracture of the left hip. She has multiple injuries including rib fractures with some free air, fractures of her wrist, and a fracture of the right tibia. Preopera- tive assessment was performed after closed reduction of the hip which demonstrated the hip to be completely un- stable with as much as 20 pounds of traction secondary to a loss of the posterior and lateral thirds of the ace- tabulum. The fracture occurred through the old area of the cartilage involving the lateral third of the acetabu- ]~ as well as the posterior fragment. An open reduction is mandated in order to restore a competent hip joint in spite of the risks involved in an operative procedure in a patient of this type. These circumstances have been adequately explained to the parents as well as the pa- tient. PRfX/EF/)ItE: Under general anesthesia, an x-ray was taken to detemine the rela- tionship of the acetabular fragments to the hip and to demonstrate the left hip to be reduced in the traction. The traction was removed and maintaining manual traction on the leg, the patient Was turned on the operative table to a prone position. Additional x-rays were taken which demonstrated, with the patient under general anesthesia, the hip to be well seated in what remained of the acetabulum. A posterior lateral arAoroach was made Qf the acetabulum and was choseh as the best approach to d~-~nstrate the fracture fragments and allow for ~the possi- bility of an accurate reduction, with the patient in the prone position, a thorough prep was performed from tJ~e patient's rib cage to the right knee. After Betadine scrub and solution was allo~<~ to dry, sterile towels were placed in the area of the operative site. The patient was draped in the usual manner using a Steri~d~p~ ~A~kin incision was then made beginning approxi- mately 3 ~n. below tnhe pa~tarior iliac crest and extending through skin and ; F ~_ :,":.; LC~ I A ~-,sl box ~ CUFSLASSvILLE PA ! C~dlL i S LE Hfk~P ITAL soJ~cutaneous tissue in a curved fashion to the level of the trochanter, a~d then a short distance dov;n the thigh for approximately 4 cr~. The skin was retracted, and hemostasis was controlled with the cautery. Dissection was then carried .to the.region of the gluteus maximus, which was split bluntly below the level of the superior gluteal artery and vessels. · The giuteus medius and g~nelli were then detached and retracted medially along with the sciatic nerve, exposing the posterior portion of the hip joint. The posterior acetabular fragment lay free surrounded with hemato~a. The posterior lateral frag~nt was detached but had adequate soft tissue attachnent. These fragments %~re then identified, and using a blunt retractor were retracted .superiorly and laterally to expose the femoral head. The hip joint, after release of the c~osule, %~;as thoroughly irrigated with Hartmann's solution, and the hip was rotated internally and externally to remove any debris or loose bo~ieSo A small ~o~n%t of cartilage debris was in evidence, but no large pieces of articular cartilage appeared to be missing from the head. The liga- F~entum teres was noted to be intact. Following this, the posterior lateral fragment was then reduced after curettement of bone and clot from the fracture site. with the fracture held in firm position using a cervical disc impactor, a drill hole was placed across the distal fragment into the .proximal fragment of the pelvis. A taFt,per was then utilized to tap the fragment, and a malleolar scre~,~ was then chosen and scre%~;ed into piece. The fracture reduction with a single screw ap£>~ared to be c~pletely adequate. The posterior lip fracture was then freshened and h~d sc~ne soft tissue attachment of capsule present on it. ~e fracture edges ~ere freshened by r~oval of clot and debris, and again the area vras thoroughly irrigated with Hartmann's solution. The fracture was then reduced into F~osition, and a small malleolar screw was utilized after the area had been drilled and tapped. The screw was then screwed into place, and the posterior fragment was noted to fit accurately. A soft tissue repair using portions of the capsule in an oversc~ technique to reinforce the repair of the posterior fragment over the fracture site was done. X-rays were then taken whicJq demonstrated good position of the fracture fragments with an adequate reduction. The vx0und was again irrigated with Hartmann's solution and anti- biotic° The g~nelli and the portion of the gluteus which was detached to allow for adequate exF~osure'were sutured using 0 chromic suture. 'Fee blunt dissec- tion through the muscle of the gluteus was allo~ed to fall back into place and was reinforced with several chromic sutures. ~;o drains were placed deep to the superficial fascia. The sciatic° nerve prior to closure of the deep portion of the wound was identified and palpated. There was no evidence of. any he,a- tome in the region of the nerve. The superior gluteal vessels were undisturbed during the procedure. Following approximation of the fascia using 3-0 chromic suture, the drains ~ere brought through the skin. The subcu was approximated using a combinatio~.of~-~c suture and 2-0 plain sutures, and inter- rupted Ethicon skin clipg~r¢ utilized on the skin. c~; ~,LX cS [C'UGLASSvILLE PA CARLISLE DO, SP ~f.~Ju ?he patient was then turned back on her back while the intubation was still in place, and traction was reapplied. X-rays were then taken with the patient in her bed, which de~monstrated continued good posit~on in the hip relative to the fracture fragments. ~e patient left the Operating Room in good condition. The estimated bl6od loss fr(~ the procedure was in the neighborhood of 350 cc. FSB:bjc D 02-13-85 T 02-15-85 CARLISLE HOSPITAL ,/ CO. bhdti-Ltne A¢tjttste;s 2319 Walnut Street- Harrisburg, PA 17103-(717) 232-7551 Hay ]5 11985 State Farm Insurance Companies 750 West Sproul Road Springfield, PA 19064 ATTENTION: RE: Debra Augustyn Claims Representative Our File No. IH 156 32 Your Claim No. 38-5585-~'39 Leyon, Christopher vs. Poller', Edgar W. Jr. D/L: 2/9/om - AUTO LIABILITY Dear Ms. Augus{ yn: lln response to you~:' lot,.er of Play 3, 1985 regarding your subrogation ' claim, we are enclosin0 a check for tine total claim in the amount of $1, 549.00. This would, of ~:euFse, rep.resent: fu]] sett]elucnt of any and all claims against Edger %q. Pef~er, Jr. and Eleanor S. Pelf er. Very truly yours, HORASRI AND COMPANY John Pasierb Adjuster Hay 3, 1985 ATTEI~TIO!';: John 2319 Walnut S~rect Harrisburg, PA RE: Y/Cl alp, f~: Y/Insured: /Address: Loc at ion: 1~;15f~32 Edgar and Eleanor Peffer 1.0~; East i:eller Street bioc~,anicabur~,, Pa. Car] is]e, above, subro:~t.i~)~ (:lai~:: ~: ord('r tl~at wc r~'~;~',,' brJ~;, our file u!; to d~nt.c. Thank you for your coo~,eration ~r~ ti~s Vel-';' truly you~',q ~ i)ehra J. Augu,ntyn Claim Representatiwt DJAIPF/ghp-ca/ f26 cc: w2c)141 April 2, 19~;5 !n~ured: Pokert I,evon Date of Loss: Fel~ruary 9, ]°~'.5 y/in,utc'd: ?dpar ar'~ tllc:ancr Y,c:ffer Addre'~s': !(,3 last }'t l]c'r f-.t:rcc:t, ?cci~auJcsi'ur?, l'~. t.,.~: ba,.'e 1,~-ci-~ 5~,rc:,x~.,:,: ti,ct yc, t'. ;~re thc. ]jal,i]Sty carri~:r for tl,e party v:!-'osc- vehictc :.:as 5n collisiop v-itl, our ins~rcd's vc:hicic, i~. a result of dedvctible. preccde~t to arbitratSon, v:e will appreciate l,eari~q fron~ you at your earliest Opport. u;~5 ry. Sincerely, Dc¥,ra J. Auf. u,~:tyr, ClaSh'; }~epresct-,tatSve DJA/DF/spp-ca/t 37 F. nc losure cc: (294t l'S: Attach o i? ri coFv of our repair cs;t:imrte t'o rio not re(~uire our policyl.oldcrs to c>:ecute a proof of toss (signed draft) as our policy contains ~ standard sul,rop, ation claim. DATE_ 3/21/85 INSURED FROM Wayne Lynn, Rte CLA.!MTF~ANSMITTAL " 38 5585-939 Leyon, Robert E & Janet T CLAIM NO. 283, Rheems Ext , Elizabethtown,Pa. 17022 TO STATE FARM INSURANCE CLAIM OFFICE --] ~1/[[,! ')~ l,,dD C/Pa Sub unit Adjustment Expense Statement: Combined Liability Report Correspondence from: Ins. Covera§e Cards Kind Amt. mt. Agt. Atty Diagram Estimate/Final Bill File Contents Liability Closing Report Loss Report Medical Report/Bill I'q on-Waiver Photos Police Report Proof of Loss Releases Salvage Remittance - Amt. Statements: Ins. Status Report .Clmt. Witness Other Subrogation Receipt Subrogation Remittance - Amt. DRAFT NUMBER )ATE OF DRAFT CODES AMOUNT FIRE CO. RES, CHANGE 'PAYEE: I-INSD OLD RES. NEW RES. OLD RES. NEW RES, OLD RES. NEW RES. OLD RES. NEW RES. M-MTGEE C-CLAIMANT R-REPAIR FIRM EEMARKS: Referring our dummy file to you for handling of Sub. Deb, send sub papers to Attn of John Pasierb Moraski Ins Co. ,2319 WAl~knut St, Harrmsburg, Pa. 17103 clazm no. ±H i56 32. ~~ (160) GC>D.16 REVS-83 Printed in U.S.A. State Farm Insurance A[;ril 9, 19b.'5 1(; rjar!Jslc, P/,, 17'.11 3 IN.~URANCEJ Companies El~zabethtown Off~cc t<hepms Exit- i<oute 2b.3 tlizabctl,town, Pa. 17U27 Pi,one 717-3&7-177'1 RE: "5-939' (; t & j::r~et Leyor~ ~' ;'5 ! t~3ve revie,~,.'ec! v:~ur letter da%(-ci ~rci~ 27. 'lq;:;5 etJ,.Jrt~ssec: .a.~: you 8Fe aw;;rc., thc [:~-~ct;: of t!~s accJ,it:l~t c]e:ar]y jndicwte t~at th~: party Sl evc. r'~ Pe('icr. 109 E. Ke}le:r ~;t.. ,~echar, icsbur~. P/'. is s9]c.] v respcnsJ?~!c' for thi'a accjr~nt. ] f >'[,u st~o,ald tl:a r;,oc~J, celr: beJn,~ r~ oc~st,[?d for our :-~r, eO j ns,~r,-~d, pJoa:~e c(]nt_~,c~ lse accordJnclv. Sincerely, t~ayne D. LC'hr~, UF)L/c j v:/?- 1 P 3 OFFICES B[OOZGIt~GFON, Itl It'~O15 61701 GEORGE B. FALLER FRANCES H. DEL DUCA ATTOF~NEYS AT LAW TEN WEST HiGH STREET CARLISLE, PENNSYLVANIA 17OI3 AREA CODE 717 249-1323 March 27, 1985 H. David Miller, Jr. 54 W. Louther St. Carlisle, PA ~701) Re: StaLe Farm Mutual Ins. Policy #6217875F1638 Dear Mr. Miller: This office represents Lori Ann Fern, a. passenger Jn a vehicle owned by Robert E. and Janet T. Leyon, who was injured in an accident on Feb. 9, 1985. It would appe~}r at tine present, time that the above named in- dividual will be making claims under the Motor Vehicle Financial Responsibility Law and also possibly claims against the third part), by reason of such party's liability. Please contact our office regarding this matter in order that we ma), discuss iL. Sincerely, ~rances H. Del Duca FHD/o cc: Mr. & Mrs. Robert J. Fern ,~:~n W~li~ P~ 109 E. ., , '- - - ' Ue~tem ~mc~ P& er's ao~ ~nter '~i~ ~j~>.*~o~~'~'~,'~~ .................... c~ l~'-'''''~''''.~ ...... s,,~'l;, s~x I~, ~___ I~ LEGALL~ I I~' ILLEGALLY I I~ HIT & ,})0'7735~ ~ I ~ Pa ~ M 107-26~5 [ PARKED [ . ~ PARKED I ~ RUN , ~?;~.~toph~r ~ON, 404 S. Uest St, C~li~e,Pa 1~13 2~3~ ' * }' - o ~tor Jim '~ To%qng r(~~lX) x~1J~1X~x~~~.~~~~~~~~~~) ' "2".'`'''°'~11 ~e~s~ "~'('~ ~"L.S.U~~,' · 1176 W. ¢~e Rd,~c~csb~g,Pa 1~55 PRINCIPAL ROAD INTERSECTIN6 ~ I ~INING I ' ~PRJN I- F~S~NG 1MFFIC 6-POLICE OFFICER Off '' 0'NO ADVERSE COND I 0 ' [ 'f I 0- ~ CONTROLS 5 - RR CRO~NG CONTROLS -[)%W~ OR DUSK 2-SLEET }tAL ~C 1-DRY JRC~AO ~O~L f~GMAN - D".Y,,GHT 3- SNOW;NO ' 2-WE1 l~q 2-IRAFF,C ~G,,AL 7- F~SHING SC.OOL -OARKISI. LIGHTS ON) 4- FOG. SMOKE. ETC 3-MUDDY J 0 J 3-STOP ~GN ZONE -DARK (NO ST LGHTS) 5-RAINING AND FOGGY 4-SNOW OR ICE j v ~ 4-YIELD SJGN 6-OTHER . ?",:;:~3~' t.~ ~o i ' t ~mp~ ~Pa ., -' 'e r. S n , ~ P ~:~.'~'?&~~~'~ fl'~ ~:xx n n~. ~ ~x x x xx .xm~m. x ~ n xnnx. ,~nx n x x x xxxx ,x x x x x,x x x, x .x, x 3. USE CODES ON OVERLAY SHEET TO COM'PLETE BLOCKS A THRU N OF THIS SECTION ,,..,~3__.., C D ,J e F a NAME ADDRESS H I J ~ L <,! M 23J3 2 0 £~ operator ~mit I N 4 28 12 A ~ M 20 2 9 O As o?~r~.tor unit 2 N 4 26 17 O ~3 1~ t9 2 !~ 0 Lori £nn ~7,N,~ Box 45 B~Unianville Rd?~o~viHe,l~, - j4 ~ 1~ :]~ 771 · , ARROW the t~me of the accident it had bean bluing ~n~ and :,%e roadway had iced over c?nd w~s covered ~ri%h a light ~no~. :~]~o ~ t~s ~'-~a ~fts of ~ow ~ out ~to :.~,oadw~, Po~ D.OoT w~ c~.ed to plo'¢ ~d c&nd~r, but did ::;ol; do so p~or to ths &ccidont. ~1 t~ it ~ ~d been tra~lS~g e~t on Pa ~1, ~th trait 2 '¢~rav~ling ~est. App~x 1/10 ~le ~st of ~ Po~t ~ o%m~tor 1 lost contel of ~ Ct. ~t 1 ~=,cnt ac~ ,~.~ z~ad~ to t~ le~ in~ t~ ~ ~d ~e Cd ~¢ ~g both ~t $ off t~ ~a~ to t~ ~¢t ~to th~ ,~ yCd at 1176 W. ~~e ~. (_,~9.o~tor e Cated he ~ trave~g e¢ ~ ~ ~1 O/7.~rator ~ ad~d t~ of~c~r ~t .tho ~i~ ~ ~d ~0 ~1 A~RIO/,r~uCK JUDY 1YPL Ol- CONVZRTIBLE D2 - 2 f.f~ ~-2 DR SEDAN ~-4 OR ~ED~ - STA. WAGON - O~OU~N~ ~- OTHER AUTO Y1 - JEEP. ETC. 12 - pICK-UP 13-VAN (NOT MOVUNG VAN OR HORSE VAN) 14- 3OW TRUCK ~S- TRACTOR (CAB ONLY) 17 - TRACTOR IRAILER 18 - 01HER IP,.UCK BO, DY INITIAL POINT OF IR?ACT  00- NONE ' 07 ' TOP 0,6 - UNDERCARRIAGE 0~ - TOWED UhUT 89 - UNKNOWN VEI~CLE DAMAGE SEVERJTY 0- NONE 2- MODERATE 1 o LIGHT 3 - SEVERE 54. WAS TOWING REQUIRED? o - NO 1 - YES ESTIMATED TRAVEL SPEED 00- NONE (STOPPED/PARKED) 01-97-CODE ACTUAL SPEED 8~-~8 OR GREATER ~, UNKNOWN VEPMCLE GRADIENT !- LEVEL ROADWAY 2 - UPHILL 3- DOWN HILL SPECIAL USAGE 00- NONE Ol -PUP~L TRANSPORT O2- FIRE VEHICLE 03 - AMBULANCE 04-OTHER EMERGENCY VEHICLE 05¢ STATE POLICE VEHICLE 06-PENN DOT VEHICLE 07- OTHER STATE GOV'T. VEHICLE 0~- MUNICIPAL POLICE VEHICLE 10- FEDERAL GOV'T. VEHtCLE 11 - TAXI 12 - TOVw~NG CAR 13- TOW1NG TRUCK 14- TO~qNG UTILITY TRAJLER 15 - 10WING M0~RflMOOLILA~ 16-TOWING CAMPER ~. HAZARDOUS SUBSTANCE TYPE -FROM PLACARD- DO- NOT APPLICABLE 12- FUEL OIL 01 - NON-FLAMMABLE 13- DANGEROUS GAS 14 - RADIOACTIVE 02 - COMBUSTIBLE 15 - FL~IdMABLE 03- ORGANIC PEROXJDE SOED-W 04 - CORROSIVE 16 - FLAMMABLE ~5 - EXPLOSIVE "A' 17 - FLAMMABLE G5 - OXYGEN OA~ 07 - POISON 18- FLAMMABLE 0~ - EXPLOSIVE '~' BOLID --'?~~~-~-'~'-- ~-,~,-- ~1% ~f~O ~~ ~ ~~ 10 - OXIDIZER ~ - ~f~ ~B I ~TA I~fS ~T o ! 71. ~TA ~T ~ ~A~V~ w~ ~ ~ ~ / --' ~ ~aT I~ 2 J 74. ~TA~ ~ r* N]~ NO ~ 173 ~1Al1~{ ) / '' XXXXXXXXIIXX%IIXiXI~IiX~IIIXIXIX% 8~ 15 1 FOLLOWING CODES: " . ~.' ....... I~ ~ I~ ~' ~ ~ : IN THE COURT OF COMM3N PI.VAS Ve : OF ~ COUNTY, P~NA. STEPH~N WTT.T,IAM PEFFER ~DGAR W. PEFFER and RT.FANOR S. PEFFER, and CHRISTOPHER LEYON : NO. 75 Civil 1987 DEFENDANT, LEYON'S, ANSWERS TO RBQUEST FOR PRODUCTION OF ~ 1. through 5. Attached is a copy of the information contained in our file, exclusive of "mental i~pressions, conclusions, or opinions respecting the value or merit of the claim", as set forth under Pa. R.C.P. 4003.3. Douglas and Douglas 'George F. Dou_g~__s, Jr. Attorney for Defendant, Christopher Leyon [] REPLY REQUESTED [] NO REPLY REQUIRED -Z:.;./~,JC';.-*-.:zL_~7'.',,:L;::.'~:L%.%.--~:':7~PLEASE REPLY BELOW IF THIS MEMO REQUIRES AN ANS HARRISBUR0 SIGtq/~,TU RE .... 4 ~ 1 1987 E LtZABETHTOWN DATE ~---,.~,~:~:~;:,~~ DO NOT INSERT CARBON PAPER - THIS FORI'~q IS PRINTED ON CAREJONLESS PAPER -- KEEP SECOND State Farm Ins. Co. 3600 Vartan Way Harrisburg, PA 17110 Attn: Mr. Dan Peron TRACERS, INC. Outside Ohio 1-800-TEL-SKIP Cleveland (216) 951-6"/28 August 14, 1986 Dear Mr. Peron: We have successfully located the following information: Subject: Stephen William Peffer 73 Rolo Court Mechanicsburg, PA 17055 Insured: Claim II: Date of loss: Robert Leyon 38-5585-939 2-9-85 The subject now resides at the above address. He is recently married and he does not own any real property. Stephen rents at the above address. Mr. Peffer is employed by McCoy Electronics, 100 Watts Street, Mt. Holly Springs, PA 17065, 717-486-3411. I was unable to locate any bank accounts in his name. ~ ' ' t-~ I \ ~ I i [ [(: ~ Vice President ' '' [ '' ,, Fee~ 'XLs~IEb.b6 ~' Tax I.D. f~34-1465353 This information is guaranteed for thirty days. Consider this investigation report your statement AML/drm/ck I IEADQUARTEIIS 85 North Park Place · Painesville, Ohio 44077-0430 51AIIANG AI)I)RESS P.O. Box 430 · Painesvilte, Ohio 44077-0430 State Farm Insurance Companies t INSURANCE J August 13, 19~6 France? f]~] Duca~ Esfi. A[t. urnr~y at Law Carlisle~ PA 170'i3 Hat risbut'g Off'icc 3600 Varfan Way liar r J_:;bur.q, Pa.17110 Phone.: 717-5~0-t~215 I,'.E: C)aim Number: Dmtc oF Accid~'nl 3U-55!!5-53S~ I_ t'ch?'uary 9, 17~'~5 ~,'/r ~r:: Jn receJ[)L r,f yr, uv J~lly 5I , 1.ql,6 ]~'tfr'r' concrsrninq !.he s,:kiJ,_::mr, nt r.,f iqs. L,,ri Ann I-cr'n'r cJaJlli. Our Jnvc.'.~tigation r,:~v~?a.ls that r,ur insured, £t',ci~stephcr Lcyon i,'-, in way t~ab~e for kh~s acc~c',:::nt. Irt fac[, wt. have fu]l.y collected cn]Jicien subroga! J~.n from St. even W. Pcff~"s in~'urancr' company. Since Fir.:. Fern ~/a:, e et;est passenecr Jn our insurad's vehicle, act,:n,,¥:lndffr~ a p~,t.?ntia] undpfinsuranca cia'ira. Wc wilJ 9]adly discuss settlement of this portion of your client's claim upon written eonfi~mat, ion from th~ ]]able party's insurance company that they have ~flfe~cd t. hei~ limits, and upon ~eceipt or medical inf'n~matior, and rr, ports vsrifyinq th~. n~ture and ~xt:ont or your c.]]en[,'~: injury. ]f wc can in any way l'.,(- of' furl. her hfl]p, plcasr fec] f'~'er, to contact IJ~;. HOt¢,E OFFICES B[OO&~,ING~ON, ILLINOIS 61701 OF COUNS~'L GEORGE B. FALLEP July 31, 1986 FRANCES H. DEL DUCA ATTORNEY AT LAW TEN WEST HIGH STREET CARLISLE, PENNSYLVANIA 17OI3 AUG 6 1986 HARRISBURG 249 - 1323 H. H. Leppin, Claims Hanager ti[r, Ohio Casualty Insurance Co. 3555 No. Progress Ave. P.O. Box 6991 I,J.n~_..esuo~.n , PA ].7112 Wayne D. Lynn Senior Claims Representative State Farm Insurance Co. Elizabethtown Office Rheems, Exit Rt. 283 E]_izabethtown, PA ~ 7022 Re: Lori Ann Fern v. Stephen Nilliam Peffer, Edgar and Eleanor S. Poller; and Christopher Leyen Ohio Casua!'Ly insurance Co. - State Farm Insurance Co. - (not disclosed) Po]_. ~ 6217575F1638 Claim ';' 38 5585-939 Gentlemen: As you are aware, i represent Lori Ann Fern who was injured in an automobile accident on 2/9/85, while a passenger in an automobile operated at that time by Christopher Leyon which was struck by another automobJ_!e operated by Stephen William Peffer. As -izhe a'ktached reports and the treaLment records whict~ will be forwarded to you shertty will show, Hiss Fern has suffered serious permanent injuries. A quick review reveals that she has suffered trauma invo].ving her eyes, nose, head, chest, legs, arms, pelvis and i~:ips, including a fracture of the left tibia, left wrist, her pelvic girdle and ef the acetabulum of the right hip. She has been left with Harriers Syndrome and a dropped right foot as the most manifest of her permanent afflictions. it is hard to see how a young woman like this wil_l be afflicted in many ways throughout her lifetime as a result of having suffered these types ef injuries. You are both experienced claims people and can relate without difficulty, I am sure, to 'the general situation faced by a young woman who has gone through the treatments, the hospitalizations Page 2 and the convalescenses attendant to such severe injuries. I would like to focus your attention, however, for a few moments on potential problems which Miss Fern now endures and losses which she will eventually suffer which are not so obvious. Miss Fern is a young college student. Since the accident, she has had onerous adjustments to make because of these injuries in at first dressing herself, in simply getting around from bed to chair, room to room and building to building, in sustaining her strength, in reading, in writing, in sitting, in standing. She has been unable to wear dress shoes or even a skirt, because of the residual diffi~ultJes that she e:~periences on a daily and nightly basis. I fee]. that she has s~:ffered a harsh setback in her prospects in life, in her soc~ia_l life and in her studies. I feel also that she will suffer severe psychological reactions both to the trauma that she has experienced and to the disabilities, cosmetic and physical with which they have left her. She faces further surgery because of her drop foot and possibly on her eye even if her situation remains stabilized as well as it is and does not deteriorate. But, perhaps, the greatest unseen loss is the potential loss of her lifetime employment prospects, income and career to say nothing of the pain of the recognition of thoses losses as the reality of life sets in for her. I will send each of you, when received, the report of our psychologist and occupational specialist, but I think that it takes little stretc~ of the imagination to project that this young woman will[ e2<perience substantial_ income loss and loss of earning capacity over her employable lifetime, a period of perhaps 45 years. I think that this case of a young woman passenger who is in no way responsible for her injuries or her predicament before a Cumberland County jury will produce a verdict of at least one and one half million dollars. I see no defenses to either the occurrence of the accident or to the presentations of the injuries. In fact, the more one digs into them, the more egregious they become and the more Miss Fern emerges as a true victim. Page 3 I feel that the grotesqueness of the injuries when presented will override any defense that may be mounted. It is conceivable that an aggressive defense will only enhance the value of the case. In the interest of bringing this matter to a conclusion quickly, the plaintiff wishes to advise you that she is willing to accept the policy limits of the Ohio Casualty Insurance Company's and the State Farm Insurance Company's liability policies which are exposed, providing that the representatives of these companies certify in writing, and their Jnsureds do likewise at the time, that this offer is accepted, that the limits disclosed are correct and that no other coverages or policies providing excess or umbrella coverages to their insureds or to the operators of the vehicles which were involved were issued by them and their insureds and certify that no such were issued to them either by any other insurancw~ company or available to them or under which they or the vehicle operators involved would be afforded coverage for the claims arising out of the accident in which Miss Fern was injured have been issued. The plaintiff, then, formally demands payment of the policy limits of the Ohio Casualty and State Farm Insurance Companies' policies exposed in this claim. This demand will remain open for a period of 60 days from the date of this letter unless extended by mutual agreements in writing. Should this period of time pass without extension or payment, the plaintiff will proceed to trial and seek the full value of the claim plus detention damages and will then proceed to collect the full_ debt from both carriers on a theory of "bad faith." Sincerely, Frances H. Del Duca FHD/s Encls.-Report of Eliot Menkowitz, M.D. Ellio! Menk(,wilz, M.D. o F,~ichatd p. Whillaket, M.D. · John Il. Donahue, h June 3, 1986 Frances II. Del Duca, Esquire 10 West High Street Carlisle, PA 17013 RE: Lot i Fern Dear Hr. Del Duca: l,ori Fern was oriqina]].y seen by me on 3/13/85 when she was admitted to the hospital an result ()f mu]L.iple trauma in February of 1985 in a two car accJde:~t in which s]~e ]~ar] a fractured acetabulum and frac- tured left tibia, [~e]-o]~en] weakness o[ the right arm and pins and cast of the loft arm. During the time of that hospitalization she had manipulati()t~ ~E ]~ot' leg and removal of pins and plaster of the ] eft wrist. Subsequently ml~e t~ad a fibular ostootomy and realignme~t of the leg o]~ 5/8/85. Stye has improved a~d returned te school at this point, ]lowever, she J.s left with a permanent feet drop and a llorner's syndrome on t]~e loft. Evaluation, as you know, indicates that she should be able to deliver vaginal]y without any difficulty. I think the difficulties that tt]e patient has now, the foot drop and the Homer's syndrome,are permanent and there is possJbi].] ty that she will_ need surgical correction in tl~e Fut,]re such as an ankle fusion and she will have persistent dif/icul ties. If I can be of at~y furti~er help Jn tl~is case, please feel free to contact this office. Sincerely, F, 1]ioE MenkowJ t_7., Ei"'~/c d I)ICTA'I'I[D fly I)[?. ~,II:/~..'I(()'O/I'I'Z $tl;NI.J) I3Y IlI~ I]lit't?1:>,.,-"' '~''., 1,.\-", I ',". h' T() AV()ll) I)EI.AY IN AIAII.IN(;. pollslown, PA 19464 (215) 327-24 \ November 1_9, 1985 GEORGE B. FALLER FRANCES H. DEL DUCA ATTORNEYS AT LAW CARLISLE, PENNSYLVANIA 17013 AREA CODr 717 ~49-13~3 H. David Miller, Jr. 54 W. Louther St. Carlisle, PA 17013 Re: Lori A. Fern D/A 2/9/85 Dear Dave: Enclosed is a list of services and billings incurred and paid for treatment of Lor~ A. Fern from February 9, 1985 through May and/or June. At least these are the bills of which we have information during th~ period. There are bills ~!o~ services rendered after May/June 1985 and there will be further treatment. Enclosed are summar:~es from Carlisle Hospital records as follows: Dr. Raymond Wiss Dr. g. Craig gurgensen Dr. Frank Bryan Dr. Elliot Menkowitz Dr. Frank Bryan Sincerely, Frances H. Del Duca FHD/s 2/9/85 2/10/85 2/lO/85 9/23/85 9/17/85 CC: John Pasierb Lori A. Fern ~ri A..Fern - D/A 2/9/85 Doctors and RadiolofLy !_0/85 - Dr. Robert L. Thompson 6,,~85 - D~r. Frank Bryan (report) ]_2/85 - Carlisle Radiology (copies) i4-3/26/85 - Pottstown X-Ray Specialists 9,!0,11,12,14,15,19 2!,28,3/2,3/7 - Carlisle Radiology 15-3/25/85 - Dr. Elliott Menkowitz 10,27,28/85 - Dr. g. Craig gurgensen (rpt.) 9/85 - Dr. Raymond g. Wiss (rpt.) 12/85 - Dr. Elliott Menkowitz !0,27,28/85 - Belvedere Medical Corp. 5 - Carlisle Physical Therapy Dept. (rpt.) iG - Dr.& Elliott Menkowitz (Blue Cross) (Blue Shield) 60.00 3830.00 132.50 122.00 458.00 1275.00 200.00 600.00 165.00 200.00 119.00 (926.13) (926.12) 7163_.50 60.00 ins. 3830.00 ins. 132.50 ins. 122.00 ins. 100.00 ins. 358.00 Fern 427.00 BS 660.00 BS 197.50 BS 1951.00 BS (926.13) (926.12) :26/85 - Rite Aid Pharmacy 9.30 9.30 ins. Hospitals /8-3/13 - Carlisle I~o~pita]. /13-3/25 - Pottstown Memorial Medical Center ]4,790.53 4,201.2.1 18,991.74 r OONSULTATION TO: Raymond J. Wiss, M.D. CONSULTATION RPiT~tRDINI~: Lori Fern RD #l, l~x 45 Dou~lassvi]le, PA SIGNA%~3RE A/~fENDING PHYSICIAN: DATE: 2/09/85 Dr. F. Bryan TYPE CCNSULTATI~q: CLINICAL EVALUATI~: (To include impressions and recon~nendations) I was asked to this this patient by phone call fro~ Dr. Frank Bryan. The his- tory was related over the phone and the patient was in an auto accident and that Dr. Bryan was taking the patient to the operating roo~. It was noted that she did have an injury to her nose and it was felt that she had a fracture of t~e nose. When I arrived, the patient was in the operating room asleep. Examination sho%~d that there was a laceration of the dorsum of the nose. There appeared,to be a slight depression of the nasal bones. The interior of the nose could not be ex~mined until the afte[ the orthopedic procedures had been ~ccomplished. The examination at that time did sho~ the inferior of the nose to be within normal limits. Palpation of the rest of the facial bones reveal no abnormalities. The diagnosis is laceration of the dorsum of the nose probably a co~npound fracture of the nose with slight depression of the right nasal bone. It should be noted that on x-ray a small sliver of nasal bone was seen to be extending anteriorly into the dorsum of the nose and may very well impinge into the lacerated area. The patient then underwent an open reductio~ of the fracture of the nasal bones ar~J this was dictated separately as an OR procedure note. R~;: gmc D- 2-09-85 T- 2-09-85 RAY~KDND J. WISS, M.D. cc Dr. Wiss cc Dr. Bryan CC~':SULTAT I Ci'~ (Ii~SULTATICkq TO: Dr. Jurgensen CONSULTATIC~N REGARDING: Fern, Lori SIGNATURE A'Fi~MDIK~3 PHYSICIAN': Dr. Hely DATE: 02-10-85 TYPE CC~qSULTATION': Neurologic Ev~f~ation CLINICAL EVALUATI~q: (To include impressions and reco~nendations) This 18-year-old, right-handed, college freshman was involved in an auto acci- dent on February 9, [-iamory testing indicates that the ~-mnesic span extended fr~ 2 AM until 7 P~ (February 9). She is able to recall events prior to that tL~ -- inclt~ding asF~cts of the movie film which she and her boyfriend at- tar-tied. Since 7 PM, she has baen lucid and conversational with visitors and f~mily. On February 10 she was preparing for orthopedic surgery. She ex- pressed headache at that tim -d vomited twice. E14D2.~: (1530 hours) Pat]ent is lt~cid. She converses in a natural manner. She inquires about the significance of my questions. She exactly outlines details prior to the accident. Ocular exam: there is mild s%~elling about the right eyelid and over tine forehead. A few abrasions and scratches are present over the forehead centrally. Visual acuity: 20/20 O.U. (near card). Ocular move- ments are intact -- horizontal and vertical movements are slammtric and sus- tained. She perceives color (red) equally. Pupils are unequal: right pupil 5 mm. ~ round, slightly reactive; left pupil 3 mm., round. There is no afferent pupillary defect. Optic fundi are unremarkable. Hearing is intact: Weber is in the midline (512 CPS), Rinne is normal, with air conduction greater than bone. There is minimal tenderness to palpation over the mastoid areas and t~mporalis muscles. R~nere is slightly limited lateral rotation of the neck. Strength is normal in the arms. The legs are fixed orthopedically. Joint position sense is preserved for the right foot, toe. 1) Cerebral concussion (]6 hours ~mnesia) 2) Orbits-facial injury 3) Anisocoria -- right pupillary dilatation DI~iJ3SSION: There is no evidence for intracranial injury. Pupillary dilata- tion may be seen unilaterally after orbito-facial injury -- represehting sympa- thetic overactivity. %~ere is no evidence for optic nerve injury.. JCJ:bjc D 02-10-85 T 02-12-85 cc Dr. Jurgensen cc Dr. Hely NEUROLOGY .' ( CA,~u~i S LE i~C~PiTAI, Outline to be followed: Admission Diagnosis, Chief Complaint, Family History, Past Medical History, Social History, Military History, History of Present Illness & Systemic Review This patient is an 18-year-old freshnan college student who was brought to the ~T~rgency room, a victim of multitrauma. She was .seen and'evaluated in the emergen~t room for' obvious fractures and contusions and abrasions, after being examined by the ~T~ergency room physician. Initial examination demonstrated a patient %~o was a victim of multitratmaa and had an obvious left wrist fracture, right pelvic fracture of some description, a deformed left tibia secondary to a fracture of the tibia and multiple contusions and abrasions, including an open fracture of her nose. After the initial examination, x-rays were taken and evaluated. Following this, the patient was .then a~nitted to the hospital. P~ ~ICAL HIS~O~Y: Not obtained from the patient but she was able to identify that she had no history of any allergies, that she was a freshman at Dickinson College. She was involved in an autc~bile accident and she was una~are of the details of the accident. She r~embered her hcme phone number e~d there.appeared to be no disturbances in mentation. SYnOdiC Pg~VI~f: Much as one ~ould exnpect with pain in the face and some discomfort and pain in the left arm, the ]eft tibia, the right pelvis. There is no history of any allergies. ~lhe patient is single, a oo%lege student, co~aplaints have been outlined. FBS/mts D - 2/10/85 T - 2/11/85 cc: Dr. Bryan FRANK ,,~3./BR~__~I~D. . HISRI)RY P~iYSI ~C3dL ~il]~T I ON In this examination the following must be covered: Vital Signs, General Appearance, Skin & LS~nph Glands Head, 'N~eck, Chest, Heart & Blood Vessels, Abdomen Genitourinary Organs, Bones & Joints, Neuromuscular & Impression. Vital Signs: Head: Chest: Heart: Breasts: Abdomen: Extr~nities: Blood pressure 120/70. Pulse rate is 100 per minute. Respiratory rate is 15-20 per minute. ~here is a contusion over the forehead. The right eye is contused and tender to palpation. There is an open area over the right nose at the bridge of the nose with what appears to be a bone fragment protruding. There is no blood in the nostrils. ~e ears are clear of blood. ~nere is tenderness to palpation at the base of the neck. Rotation of the neck is uncomfortable with pain referred to the first dorsal vertebra area. ~]ere is no crepitation on palpation over the neck. The thyroid is palpable. The supraclavicular areas are clear. There is tenderness to palpation over the chest v~ll. Breath sounds are clear and there are no tales audible. The trachea is in the midline. Heart sounds are good with no evidence of any murmurs. No contusions or abrasions. No tenderness to palpation over the abdomen. is moderately distended bladder palpable. There There is tenderness to palpation over the right hip area. There is a moderate amount of shortening in the right lower extremity. Rotation of t~e hip is uncomfortable. Dorsalis pedis and posterior tibial pulses are palpable bilaterally. There is a large contusion over thc left tibia with palpable pulses distally. Abdominal reflexes are brisk. The patellar reflexes are equal. The ankle jerks are present and equal. There are no pathologic reflexes in tho lo~r extremities. In ~e upper extremities, there is a markc~ ~mount of displacement of the left ~iSt fracture with contusions and abrasions in that area. PHYSICAL · .=~-.-'~,~-~Examination of the back reveals no tenderness to palpation over the dorsal spines of the dorsal vertebrae or the lumbar vertebrae- I[~L~RESS If~{: Multiple contusions and abrasions, open fracture of the nose, fracture of the left wrist, fracture of the left tibia, fracture dislocation of the right hip, fractures of the ribs. FSB/mts D --2/10/85 T - 2/11/85 cc: Dr. Bryan FRANK S. P~PfSIC3~ LORI ANN FERN Vo STEPHEN WILLIAM PEFFER, EDWARD W. PEFFER and ELEARNOR S. PEFFER and CHRISTOPHER LEYON IN THE COURT OF'COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 75 CIVIL 1987 MOTION FOR POST-TRIAL RELIEF AND NOW, to wit, this 28th day of September, 1989, comes Lori Ann Fern, the plaintiff above named, and by Frances H. Del Duca and Paul A. Lockrey, her attorneys, respectfully moves the court for post-trial relief, to wit, for Judgment N.O.V. or a new trial and in support of said motion files the following reasons: verdict was improper and against the weight of the evidence and contrary to law in that defendant peffer crossed the center line of the highway and into the path of the vehicle in which plaintiff was a passenger which is negligence per se. The evidence was clear that the violation occurred and defendant peffer did not give an adequate explanation for doing so. Verdict was improper and against the weight of the evidence and law in that defendant Leyon was not wearing a corrective lens which is a violation of the Motor Vehicle Code and may have prevented or minimized the collision. ~ Pleader will amplify when notes of testimony are transcribed. The portion of the record requested to be transcribed in order to enable the court to dispose of these notes are the testimony of Police Officer Shaffer, defendants Stephen Peffer and Christopher Leyon. rney fo~ p~t£tioner LORI ANN FERN STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER, ELEANOR S. PEFFER and CHRISTOPHER LEYON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 75 CIVIL 1987 IN RE: LIST FOR ARGUMENT ORDER OF COUR~ AND NOW, September 27, 1989, pursuant to Rule 227.2, the above-captioned matter shall be listed for argument and heard by the court en banc. By the Court, Frances H. Del Duca, Esquire Paul A. Lockrey, Esquire For the Plaintiff Daniel Gallagher, Esquire For Defendant peffer william P- Douglas, Esquire For Defendant Leyon DOUGLAS & DOUGLAS ATTORNEYS AT LAW 27 w. HIGH STREET l~, Oo BOX 261 CARLISLE, PENNSYLVANIA 17013-0261 V. : : STEPHEN WILLIAM PEFFER, : EDGAR W. PEFFER and : ~,FANOR S. PEFFER : : and : : CHRISTOPHER LEYON : IN THE COURT OF COMMON PLEAS OF ~ COUNTY, pS~NSYLVANIA NO. 75 CIVIL 1987 COUNT I 3. Admitted. 4. Admitted. 5. Denied. There was no negligence on the part of the defendant, Christopher Leyon, as he was driving in the right-hand lane for westbound traffic, at a reasonable rate of speed, when the defen_a~nt, Stephen William Peffer, was driving in an eastern direction, crossed the centerline, turned sideways, and the side of the Peffer vehicle collided with the front of the Leyon vehicle. 6. Admitted. 7. Denied. The answer to paragraph 5 is incorporated herein by reference thereto. 8. Admitted. The plaintiff is precluded from pleading, proving, and recovering the first $10,000.00 in medical bills under Section 1722 of the Motor Vehicle Financial Responsibility Act. 9. Denied. The answer to paragraph 5 is incorporated herein by reference thereto. The plaintiff is also precluded from recovery the first $5,000.00 in work loss by the aforesaid Section of the Motor Vehicle Financial Responsibility Act. 10. Denied. The answer to paragraph 5 is incorporated herein by reference thereto. 11. Denied. reference thereto. 12. Denied. reference thereto. 13. Denied. reference thereto. The answer to paragraph 5 is incorporated herein by The answer to paragraph 5 is incorporated herein by The answer to paragraph 5 is incorporated herein by COUNT II 14. The answers to paragraphs 1 through 5, incorporated herein by reference thereto. and 7 through 13, are thereto. thereto. (b) The answer to 15 (a) is Lncorporated herein by reference (c) The answer to 15 (a) is zncorporated herein by reference (d) The answer to 15 (a) is Lncorporated herein by reference (e) The answer to 15 (a) is incorporated herein by reference (f) The answer to 15 (a) is Incorporated herein by reference (g) The answer to 15 (a) is incorporated herein by reference thereto. WHEREFORE, it is prayed that the defendant, Stephen William Peffer, be held solely liable to the plaintiff. Christopher Leyon thereto. thereto. 15. (a) Denied. The defendant, Christopher Leyon, was paying attention, and was driving at a reasonable rate of speed, in his proper right-hand lane. The defendant, Stephen William Peffer, driving in the opposite direction, came across the centerline, turned sideways, and collided with the front of the Leyon vehicle. There was nothing that Christopher Leyon could do to avoid the collision. O2MMD~~ OF PENNSYLVANIA COUNTY OF CUMB~ christopher Leyon, duly sworn according to law, deposes and says that the averments and/or denials of the within Answer are true and correct to the best of affiant's knowledge, information and belief. Sworn to and subscribed before m~ this I q~Y of ~_~ !~'7.,z~A;~. , 1987. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI ANN FERN, Plaintiff . vs. STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER and ELEANOR S. PEFFER and CHRISTOPHER LEYON, Defendants NO. 75 CIVIL 1987 POINTS FOR C~ARGE The Plaintiff respectfully requests the Court to charge the jury as follows in addition to or supplemental to the charge that the Court may desire to make itself: 1. The Plaintiff, Lori Ann Fern, on the testiomny presented, cannot be found to be guilty of contributory negligence; that is, the Plaintiff on the testimony that you have heard cannot be held to be in anyway responsible for the occurrence of the accident in the course of which she was injured. 2. Likewise, the Cg~parative Negligence Act of Pennsylvania which I ~e explain~ to you does not apply in anyway to the Plaintiff. In this case it applies only to the actions of the defendant operators. 3. An operator of a motor vehicle under Pennsylvania Law owes a duty of ordinary care to a person who is occupying a motor vehicle as a passenger and a guest. In this case the operator of the Volkswagen Sedan, Christopher Leyon, owed to the Plaintiff, Lori Ann Fern, who was a passenger and a guest in that motor vehicle, the duty of ordinary care in the manner he operated that automobile o~A~ the night of the accident. Or inary ca~r.e/~ defined in Pennsylvania Law as that degree ~.. ~?a-~'~ tha~resp°nsible erson would exercise in regard...-~ matt~ of importance to him or her. ~egard %o~'~operat~f an automo ' ~ . _~/'~2_~ that a.~rud~t driver would w°uld be /~'~t degre~'/~'' u~7 '-~{"~-t tn~''-' -~=--2~me and place exercise~ in operatihg an automo?~'~ ~ · invoked consi~ring the req~~ements of t~~le Code go/rning the operati°n~~ch a ve~l_~~ ~ 4. The Pla~tiff ~at Sec~301 of~ Veh~ ~~~uire~ ~~tor tO~~° / ~'~ ..... / .... ~'~"- - '/ -~d to the-~'~Y· 75 Pa~C.S. ~n~'"~id~o~e hignway ~~ -~'~ 5. In wrong side of the road situations, members of the jury, unless the defendant whose vehicle has crossed over on to the other side of the highway can explain his presence in the wrong lane, you may infer negligence. In this case there was evidence offered that the defendant, Stephen peffer, was operating a Chevrolet Camaro which crossed over the ~center line of Trindle Road and that the accident occurred in a lane other than the one he had been operating in. If you believe from all the evidence you have heard that Stephen peffer crossed the center line causing the collision, you may infer that the accident occurred because of the negligence of Stephen peffer. The burden of convincing you that there was a satisfactory explanation for Stephen Peffe~ to have crossed the c~ter line rests with him. ~ 6. The Plaintiff requests the Court to read to the jury Section 1508 of the Vehicle Code [75 Pa. C.S.A. Section 1508 (a)] pertaining to the examination of an~applicant for a driver's license and the issuance of a license. 7. The Plaintiff requests the Court to read to the jury Section 151~ of the Vehicle Code [75 Pa. C.S.A. Section 1512 (a) and (b)]. In this case, members of the jury, there was evidence offered that the defendant, Christopher Leyon, was issued a Pennsylvania driver's license by the Department of Transportation which bore a restriction on it that Mr. probable. [Hark vs. Horton Motor Lines, 331 Pa. 550, 1 A. 2d 655 (1938)]. 9. Members of the jury, there was testimony that the defendant, Christopher Leyon, was not wearing corrective lenses as he was required to do by his operator's license. If on all the evidence you have heard you believe that if he were wearing his corrective lenses he would have been able to take action to avoid or to minimize the collision, you may find that Mr. Leyon was negligent and that his negligence was the proximate cause of the plaintiff's / inj uries~-"' Respect fu~-~w~te~ Paul A. Lockrey and Frances DelDuca, Counsel for the Plaintiff, Lori Ann Fern LORI ANN FERN, Plaintiff STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER and ELEANOR S. PEFFER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : FILE NO. 75 OF 1987 : : : CIVIL ACTION - LAW : : THE PROPOSED JURY INSTRUCTIONS OF DEFENDANT, STEPHEN WILLIAM PEFFER In addition to the Jury instructions which would typically be presented to the Jury, the Defendant respectfully requests that the following instruction be presented to the jury: 3.31 (Civ) EVIDENCE OF NEGLiGENCE--VIOLATION OF STATUTE (WITH EXCULPATORY EXPLANATION) · . onwealth, in effect at the An act of Assembly of thl~ Com~__~^~ ~ ~art' (Here quote accident occurreG, provxu=~ ~-. 5. . '. ~he dut'' time the .-' 's Act d~ctates = relevant statutory provl~lo~)~ ~-~n in the same situation of care normally require? o~ a ~o~ . as the defendant ~)' Ordinarily, the unexplained · . ' Act would constitute negligence as a matter violation of th~s. =~ ~ e the defendant (~~m~!~has~ f law. However, ~n u~ ~s -- ~ · '~'on of t~e al±ege~ o. idence in excuse or 3ust~f~--~. presented ev ......... the hereon offering violation. Under such clrcumsu~u=o, s the burden of proof.Therefore, if you find such excuse ha ...... = ~= Act. it would only be hat there was a vlo±at~?n u~ ~ .... -..~ ~ 'der alon with t . f n li ence wnich you shuu~u .... s~. ~ -~er evidence o eg .~ .... ~ ~ the ~uestlon o~ all the other ev~Gence presenu=u the defendant was negligent. Pennsylvania Standard Jury instructions, 3.31. Respectfully submitted, Date: BY://~~ f~, ~ui~ e-- ' ~a~el J./~e~rl'~~~ James K./~. ~s,. II~,/Esqulr~ 212 Locu~t~treet P.O. Box 999 Harrisburg, PA 17108 (717) 255-7239 Attorneys for Defendant, Stephen William peffer SHERIFF'S RETURN COMMON~q~_LTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VS Stephen William Peffer In the Court of Common Pleas of Cumberland County,Pennsylvania No. 75 1987 Subpoena Michael L. Piper · ~~ or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Subpoena upon Stephen William Peffer , the defendant, at 6:35 o'clockP M. ~K% / EDST, on the 14th day of September , I~89 , at 5 Dartmouth Court, Mechanicbsurq (street number) (city or town) , Cumberland County, Pennsylvania, by handing to Stephen William peffer a ~rue and at:ested copy of the and at the same time directing Subpoena his attention to the contents thereof and the "No'~ice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service 14.00 Affidavit 5.76 Surcharge 2.0O ,$ ~ 21.76 pd by Sworn and subscribed oerore me ' arty 9-15-89 by This /g ~ day of~ 19 ~g A.D. ~ Prothonotary So answer s~ / WILLIAM K. BECK, She] ff SERVE: Christopher Leyon Office E. L. Shaffer Jr. In the Court of Common Pleas of Cumberland County, Pennsylvania No. 75 Term, 1987 Subpoena Bruce A. Reap, Deputy Sheriff, who being duly sworn according to law says on September 14, 1989 at 6:39 o'clock P.M., E.D.S.T., he served a true copy of Subpoena in the above entitled acton upon one the within named defendants, to wit: Christopher Leyon by making known unto Janet Leyon Mother of Christopher Leyon at 404 S. West Street, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Barry J. Horn, Deputy Sheriff, who being duly sworn accoarding to law, says on September 7, 1989 at 9:04 o'clock A.M., E.D.S.T., he served a true copy of Subpoena in the above entitled action upon one of the within named defendants, to wit: Office E. L. Shaffer Jr., by making known unto Jeff Potteiger Township Patrolman for E. L. Shaffer Jr. at the same time handing to him personally the said true and attested copy of the same. Sheriff's Costs Docketing Service Surcahrge Sworn and subscribed this So answers: *~'/~) / %heriff 18.0 0 ~~ ,-.. ~/ /~ ~'~' ' 7.20 / 4.00 WILLIAM K. BECK, Sheriff~ 2~ Pd. by Atty. ~ .~_// '/'/ ~.~/Depu ty Reap'"1 t~ ~efore me '" De'putty o?n~~ day of .~ 1989, A. D. Prothonotary Leyon must wear corrective lenses while operating a motor vehicle. This restriction, by the operation of the Statute that I just read to you, is part of the license issued to Mr. Leyon. A violation of this restriction if the violation were to be part or all of the cause of the accident in your opinion would be negligence e~ s~e, or to use the English equivalent of this Latin phrase, would be negligence in itself even in the absence of other facts pertaining to the operation of the volkswagen Sedan. ~cuit~ 8. Members of the jury, there has been testimony offered in this case that the defendant, Christopher Leyon, did not do anything to avoid the collision. If in your opinion you feel after consideration of all the testimony offered that Mr. Leyon did not attempt to avoid the accident, then you~ under Pennsylvania Law find him negligent for not doing so. That is, negligence in Pennsylvania is defined in such a way that failing to do something when the opportunity to do it would be required is negligence. No operator has a right to continue his automobile in motion if such motion makes an injury to another car or to any person inevitable or reasonably I I OB.,1 0 © 0 ~ i i H 0 ~ 0 LORI ANN FERN, Plaintiff STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER and ELEANOR S. PEFFER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : : FILE NO. 75 OF 1987 : : : CIVIL ACTION - LAW : : PRAECIPE FOR ENTRY OF APPEARANCE TO: LAWRENCE E. WELKER, PROTHONOTARY Kindly enter my appearance on behalf of the Defendant, Stephen William Peffer, in the above captioned matter. Date: THOMAS & THOMAS B ~ni:l J./:a~'h~r,~squire 212 Locus~ ~treet ~/ P.O. Box 99~ Harrisburg, PA 17108 (717) 255-7239 Attorney for Defendant, Stephen William Peffer CERTIFICATE OF SERVICE I, DANIEL J. GALLAGHER, ESQUIRE, hereby certify that I have served a true and correct copy of the foregoing Praecipe for Entry of Appearance on the following persons by placing the same in the United States Mail postage prepaid on the /~ offS, 1989: day George F. Douglas, Esquire 27 West High Street Carlisle, PA 17013 Frances H. Del Duca, Esquire 10 West High Street Carlisle, PA 17013 Date: THOMAS & THOMAS ~/~a~el ~./G~aghe~Esquire 212 Lod~Fs~Street~/ P.O. Box/999 Harrisburg, PA 17108 (717) 255-7240 SEPI3 I ,~? PH '69 STEPHEN WILLIAM PEFFER, : EDGAR W. PEFFER, : ~.FANOR S. PEFFER and : CHRISTOPHER LEYON : IN THE COURT OF CO~VDN PLEAS OF ~ERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 75 CML 1987 DEFENDANT, CHRISTOPHER LEYON'S, REQUEST FORADMISSIONS OF DEFENDANT, STEPHEN WILLIAM PEFFER 1. That the structured settlement entered into between the plaintiff, Lori Ann Fern, and the defendant, Stephen WilliamPeffer, had an annuity purchase price of $200,000.00. AttOrneys for Defen~r~ Leyon STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER, ~.FANOR S. PEFFER and CHRISTOPHER LEYON IN THE COURT OF ~N PLEAS OF ~ COUNTY, PENNSYLXrANIA CIVIL ACTION - LAW NO. 75 CIVIL 1987 DEFENDANT, CHRISTOPHER LEYON'S, MOTION IN LIMINE Since the trial before this jury will only be on the liability of the two defendants, that the plaintiff's attorneys do not go into the specific injuries to the plaintiff, but limit their presentation to the jury to the fact that the plaintiff was injured in this accident. THE PLA/NTIFF CAN NOT NOW INTRODUCE A NEW CAUSE OF ACTION WHICH WOULD BE NEGLIGENCE PER SE The plaintiff made the following allegations of negligence against Christopher Leyon: "15. The negligence of the defendant, Christopher Leyon, consisted in the following: (a) inattention (b) failing to observe and avoid, contact with the autcmobile operated by the defendant, William Peffer, at the time and place averred (c) operating his motor vehicle at too high a rate of s~cd for the conditions then obtaining (d) failing to take evasive action (e) failing to utilize the autc~obile's brakes properly (f) failing to maintain his physical person in proper condition to be able to operate an autcmobile safely at the time and place averred in the cut~olaint; and (g) failing to control his vehicle properly at the time and place averred in the c~-,-~laint." Now, after the statute of limitations on this February 9, 1985, accident has expired, the plaintiff wants to introduce a new allegation of negligence, which would be negligence per se. They want to introduce evidence that Christopher Leyon's operator registration card had a requirement that Christopher Leyon wear corrective lenses, and that he was not wearing his contact lenses. This would be a separate cause of action frc~n any of the above allegations, and would require a charge on negligence per se. 4 Standard Pennsylvania Practice 2dpage 468 #23:30 provides: "It is insufficient simply to aver that the defendant was negligent in violating a statute of the Cc~onwealth or a municipal ordinance governing the operation of motor vehicles. The defendant is entitled to know what ordinances and statutes he violated, as well as the particulars of his operation of the automobile." Respectfully submitted, Attorney~' for Def~d~nt, Christopher Leyon '(blust be typewritten and submitted in duplicate) 70 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.. C)dvTION OF CASE' (entire caption must be stated in full) (check one) ( ) Assumpsit LORI ANN FERN ( ) Trespass ( X) Trespaas (Motor Vehicle) (Plaintiff') STEPHEN WiLLIAMPEFFER EDWARD W. PEFFER ELEANOR S. PEFFERand CHRIS?PHER LEYON (De~ndant) vs. ( ) (other) The trial, list will be called on May 30, 1989 _ and oune 13, 1989 _. June 26, 1989'~ Trials commence on Pretrials will be held on June 8, i989I. (Briefs are due 5 days before pre- trials. ) (The party listing this case for trial shall provide forthwith a copy of the all counsel, pursuant to ~raecipe to local Rule 214-1.) No. 75Civil 19 ,, 87 Indicate the a:~t~orney who will try case for the party who files this praecipe: Willi~n P. Douglas for Leyon Indicate trial counsel for other parties if known: Frances H. DelDuca, for Plaintiff; James K. Thomas, II, Esquire, for Peffer. Signed: Douqlas and This case is ready for trial. May 8, 1989 Print Name: George F. Douglas, l~f~ndmn'l- T.myon "Date: Attorney for: Lori Ann Fern Stephen William Peffer and Edgar W. Peffer and Eleanor S.Peffer and Christopher Leyon In the Court of Common Pleas of Cumberland County, Pennsylvania No. 75 Civil 1987 Complaint in Civil Action Michael E.Barrick, Deputy Sheriff, who being duly sworn according to law, says on January 15, 1987 at 7:33 o'clock p.M.E.S.T.,he served a true copy of Complaint in Civil Action, in the above entitled action upon one of the within named defendants to wit: Stephen William Peffer, by making known unto Stephen William Peffer at 73 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania,its contents and at the same time handing to him personally the said true and attested copy of the same. Harry E, King, Deputy Sheriff, who being duly sworn according to law, sys on January 14, 1987 at 9:45 o'clock A.M.E.S.T., he served a true copy of Complaint in Civil Action, in the above entitled action upon the wihtin named defendant sto wit: Edgar W. Peffer and Eleanor S.Peffer, by making known unto Jody Peffer adult daughter residing at 109 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania,its contents and at the same time handing to her personally the said true and attested copies of the same. Rodney Smith, Deputy Sheriff, who being duly sworn according to law, says on January 16, 1987 at 10:55 o'clock A.M.E.S.T.,he served a true copy of Complaint in Civil Action, in the above entitled action upon the within named defendant to wit: Christopher Leyon, by makingknown unto Christopher Leyon at 17 West Pomfert Street, Apt 20, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. Sheriff's Costs: Docketing 22.00 Service 14.35 Surcharge 6.00 $ 42.35 pd. by atty 1-16-87 Sworn and subscribed ~ o~before me this ~ ? day of-~ ( ~ - Prothonota~ So answeNs: , ~ ~k, Sheriff Dep~y~S_herif f Deputy Sheriff LORI ANN FERN, Plaintiff V STEPHEN WILLIAM PEFFER, EDWARD W. PEFFER, ELEANOR S. PEFFER AND CHRISTOPHER LEYON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 75 CIVIL 1987 ORDER OF COURT AND NOW, August 23, 1988, the above-captioned matter is hereby continued from the September trial term by agreement of counsel. Counsel may relist the case for trial when ready. By the Court, Harold E. Sheely, P. Frances H. Del Duca, Esquire For the Plaintiff James K. Thomas, II, Esquire For Peffer George F. Douglas, Jr., Esquire For Leyon :pbf 212 LOCUST STREET P. O. Box 999 [--LqI~R. lSBUKG, PA. 17108 LORI ANN FERN V. STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER and ELEANOR S. PEFFER and CHRISTOPHER LEYON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 75 CIVIL 1987 JURY TRIAL DEMANDED 1 - 2. Admitted. 3. Because the means of proof are within the exclusive control of adverse parties, Defendant is unable to admit or deny the allegations contained in Paragraph 3, and proof thereof is demanded. 4. Because the means of proof are within the exclusive control of adverse parties, Defendant is unable to admit or deny the allegations contained in Paragraph 4, and proof thereof is demanded. 5. Denied. It is admitted that Stephen William Peffer was operating a 1979 Chevrolet Camaro coupe which was owned by Edgar W. and Eleanor S. Peffer. It is specifically denied that he was operating the vehicle as the agent, servant, workman or employee of said owners, or within the scope of his employment. It is further specifically denied that any collission which occurred was as a result of the recklessness, carelessness or negligence of Stephen William Peffer. On the contrary, any collission which occurred was the result of a non-negligent skid or negligence of others, furthermore, any injuries sustained by the Plaintiff were as a result of or aggravated by the contributory negligence of the Plaintiff. 6. Denied. It is denied that Defendant Stephen William Peffer was negligent, that any negligence caused the crossing of the middle line, that he violated Section 3301(a) of the Pennsylvania Motor Vehicle Code, or that any said crossing was negligence per se under Pennsylvania law. It is denied that he was operating a vehicle at a too high and excessive speed for conditions, it is denied that he was inattentive, it is denied that he failed to observe the rights, safety and position of the Plaintiff then lawfully seated as a passenger in a motor vehicle upon the highway, it is denied that he was negligent as a matter of law, it is denied that he failed to maintain his physical person in proper condition to be able to operate an automobile safely at the time and place averred to in the Complaint, and it is denied that he failed to properly and adequately control his vehicle at the time and place averred in the Complaint. 7 - 13. In answer to the allegations contained in Paragraphs 7 through 13 of Plaintiff's Complaint, Defendant denies that he was negligent and as to the remaining averments, states that because the means of proof are within the exclusive control of adverse parties, he is unable to admit or deny the allegations contained therein, and proof thereof is demanded. CO~ II 14. In answer to the allegations contained in Paragraph 14 of Plaintiff's Complaint, Defendants incorporate herein by reference their answers to Paragraphs 1 through 13 of Plaintiff's Complaint. 15. The allegations contained in Paragraph 15 of Plaintiff's Complaint do not apply to the answering Defendants, and therefore no answer is required. ~EW MATTER 16. Any injuries which Plaintiff sustained were caused or aggravated by the Plaintiff's contributory negligence in failing to use available safety devices or otherwise. 17. Defendant Stephen William Peffer was not the agent, servant, or employee of Edgar W. or Eleanor S. peffer, and they are not responsible for his operation of the vehicle at the time and place in question. 18. Defendant Stephen William Peffer was not negligent in the operation of his vehicle on February 9, 1985, and any accident was the result of a sudden and unexpected skid for which he was not responsible. 19. The accident which occurred was the result of the careless, negligent or want of care by others for whom Stephen William peffer is not responsible. WHEREFORE, Defendants respectfully request that Plaintiff's Complaint be dismissed without cost to them. THOMAS & THOMAS James K. Thomas, II 212 Locust Street P.O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants Stephen William Peffer, Edgar W. peffer and Eleanor S. Peffer YERIFICATIO~ I, STEPHEN WILLIAM PEFFER, have read the foregoing Answer with New Matter and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification and statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. §4904. S~EP~EN WILLIAM PE~R CER~'IFICA~E OF SER¥ICE I, JAMES K. THOMAS, II, of the law firm of Thomas & Thomas, do hereby certify that on this day I served a true and correct copy of the foregoing Answer with New Matter on the following, by depositing same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Frances H. Del Duca, Esquire Ten West High Street Carlisle, PA 17013 Christopher Leyon 404 South West Street Carlisle, PA 17013 THOMAS & THOMAS James K. Thomas, II 212 Locust Street P.O. Box 999 Harrisburg, PA 17108 (717)255-7617 212 LOCUST ,~TR. EET P. O, Box 999 HAR.IKISBUI:kG, PA. 17108 LORI ANN FERN, Plaintiff Ve STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER and ELEANOR S. PEFFER, and CHRISTOPHER LEYON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 75 CIVIL 1987 JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANTS, STEPHEN WILLIAM, EDGAR W. AND ELEANOR S. PEFFER ADDRESSED TO PLAINTIFF PURSUANT TO THE PROVISIONS of Pa.R.C.P. 4005 and 4006, as amended, you are required to file the original and serve a copy on the undersigned, of your Answers and objections, if any, in writing and under oath, to the following Interrogatories, within thirty (30) days after service of the Interrogatories. The answers shall be inserted in the spaces provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature, in accordance with the provisions of Pa.R.C.P. 4007.4, as amended. If between the time of filing your original Answers to these Interrogatories, and the time of trial of this matter, you or anyone acting on your behalf having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer was incorrect when made is no longer true, then you shall promptly supplement your Original Answers under oath to include such information thereafter acquired, and promptly furnish such a Supplemental Answer on the undersigned. THOMAS & THOMAS DATE: James K. Thomas, II 212 Locust Street P. O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants, Stephen William Peffer, Edgar W. Peffer and Eleanor S. Peffer -2- ANSWER: 1. State your full name, date of birth, and place of birth. Lori Ann Fern June 15, 1966 Pottstown, PA 2. List all addresses at which you have resided during the past ten (10) years and the period during which you resided at each address. ANSWER: 41 Fairway Drive, Quarryville, PA, 17566 - 7 mos. R. D. 1, Box 45B, Douglasville, PA, 19518 - 13 years ANSWER: o Are you presently married? a. b. C. fe If so, state: Your spouse's full name; If a female, her maiden name; His or her address for the five (5) years prior to your marriage; The date and place of your marriage; State whether or not your spouse is now living with you; If not, when the separation occurred; Your spouse's present address; and Name, birth date and present address of each child born of this marriage. No If you were previously married, state for each previous spouse: a. Name and present residence address of each spouse; b. The date of commencement and termination of each marriage; c. The place where you were married to each spouse; d. For each marriage, state the manner in which it was terminated; e. Whether or not any children were born of any prior marriage, and if so, give their names, ages and present address; f. The names, ages and addresses of all persons dependent upon you for support at the time of the incident out of which this claim arose; and g. The nature and amount of maintenance or support which you contribute or pay to the persons listed in subparagraph (f) above in the year preceding the incident out of which this claim arose. ANSWER: state: ANSWER: o If employed since the incident referred to in the Complaint, The name and address of present employer; The position held and the nature of work being performed; Hours worked per week; The weekly wages, earnings, income or profit; Name of your immediate boss, foreman or other superior to whom you are responsible; Whether a physical examination was required, and if so, state the date, place and person giving the examination; and For each employer, whether or not you made any representation in writing or answered any questions concerning your physical examination. No present employer - student ANSWER: 6. What is your social security number? 180-62-8230 o If so, state: ANSWER: No Have you ever drawn Social Security benefits for disability? Your residence at the time; The Social Security Offices at which you filed your claim; The nature and extent of the disability; and The length of time of such disability and the beginning date. 8. Are you now receiving, or have you ever received, any disability pension, income or insurance of workers' compensation from any agency, company, person, corporation, state or government? If so, state: a. The nature of any such payment; b. The date you received such income; c. From what injuries or disability you received it, and how such injury occurred or disability arose; d. By whom paid; e. Whether you now have any present disability as a result of such injuries or disability; f. If so, the nature and extent of such disability; g. Whether you had any disability at the time of the incident out of which this claim arise; and h. If so, the nature and extent of such disability. ANSWER: No 9. If you have made any claim for lost wages, income or work loss benefits as a result of the incident out of which this claim arose, state: a. Did you continue to receive your wages, or profits from your employer or business during the time you contend that you were disabled; b. The nature and amount of wages or income you received during the time you contend that you were disabled; and c. The name and address of the agency, company, person, corporation, state or government who made such payments ANSWER: (a) (b) (c) to you. No Appro×£mately $2000 Selected R±sk$ IDsuraDce Co. R±dgev±ew B×ecut±ve Park 1689 Crowd Ave. Box 4648 Lancaster, PA 17604-4648 10. Have you made claim for any benefits under any medical pay coverage or policy of insurance relating to injuries from the incident out of which this claim arose? If so, state: a. The name of the insurance company or organization to whom said claim was made; b. The date of the claim or application; c. The claim number and policy number; d. Whether or not such claim was paid and if so, the nature and amount received; and e. Whether the company required you to assign to it any rights of recovery you may have against others. ANSWER: (a) Selected Risks Ins. Co., Policy No. F871803 Blue Cross/Blue Shield, D6262067 Continental Ins. Co., Dickinson College-Student Medical Plan (b) February 1985 (c) Noted above (d) Medicated bills paid up to $10,000 (see complaint for amounts paid) Most medical bills paid (see complaint for amts. paid) Dickinson College Student Plan paid $100 Selected Risks Ins. Co. paid up to $10,000 Blue Cross/Blue Shield paid most medical bills (e) No ll. Have you ever made any claim for any benefits under any insurance policy or against any person, firm or corporation for personal injuries or physical condition which you have not heretofore listed in your Answers to these Interrogatories? If so, state: a. The injury or condition for which such claim was made; b. The name and address of the person, firm or corporation to whom or against whom it was made; The date it was made; and The nature and amount of any payment received therefor. Ce ANSWER: ANSWER: 1984 1985 1986 12. With respect to each of the past five (5) years, state: a. Your yearly gross income; b. Your yearly net income; and c. The name and address of the person, firm or corporation having custody of any papers pertaining to your income. a. b. c. 316.59 306.00 Dickinson College 525.35 507.76 .... 1953.16 690.28 " " 13. Did you file income tax returns with the Director of Internal Revenue for any of the past five (5) years, or with any state, municipality or other governmental tax authority or department? If so, state: a. The office of the Director of Internal Revenue with which each return was filed; b. The amount reported in each return as earned income; c. The years for which filed with the Director of Internal Revenue; d. The state, municipal or other tax authority to whom such returns were filed; e. The years for which filed with such state or other municipality tax authority, or authorities; and f. Attach copies of income tax returns filed with the Internal Revenue Service for the past five (5) years. ANSWER: a.b .c. d. e. f. No returns filed with IRS Pa. Dept. of Revenue 1984, 1985, 1986 1984, 1985, 1986 attached PA. INDIVIDUAL INCOME TAX RETURN--SHORT FORM ] 986 ~ ~ ONLY _~k~_ mrna md rmi ('d ~mm fw~n, i.~' m~h nmm) ~TION ~ ~] ,/ ~ B~~.) ~ P~ ~ ~ .~ ~'s) p~.~~ T~ ~5~6.) I 7, TO -~ ~'~ "~ '~ OFR~FceLINE 9 :O~e,va,on ~ ~TED;u~ ~ i I PA DEPARTME~.~T O; ::IE~.'ENUE E~c~ose cooy of W.2 w~ tins 'crum · ~ii'.[ COMMONWEALTH OF PENNSYLVANIA .__. *='rtdividual InCome Tax Return · ~'FOT !.he taxable year January 1 -- December 31, 1985 Fiscal Year Filer -- For other taxable year beginning ending 1985, 1 gS~ m .YOUR SOCIAL SECURITY NUMBER SPOUSE'S SOCIAL SECURITY NUMBER ~ ' --.._1 !.. (Even if filing separate tatum ) (~ Last', ~'~:~'~C&~'I~¥~'SOI~T=~I~I~OI )othnames) ID ] 80-62-8~.30 FE ~ H°m' '~'LOI~! ANN FERN ~ 'R D ] BOX ~56 Qty¢ ....DOUGLASSV[LLE P~, !9518 ;ode la. I.. ' lb. " lc. n- 2. O 3. 8. g. tO. 15b. 15C. 16. tO. . OFFICI^L USE ONLY [] Check here if this is a change of J TELEPHONE NUMBER address from last year's return J(~/~X') ,~.v~' ~ ~~ CODE (s~ pages 7 and 8 GROSS COMPENSATION (Wag~, salaries, tips, etc.) .............. FILED ON OR ~EFORE ~SS EXPENSES FROM SCHEDULE UE .......................... ~c, ~,~ o~ w-~ ~.) ~o ~c~ o~ ~s ~o,u N~PROFITS FROM BUSINESS, PROFESSION OR FARM ........................................ (~mpl~l~ Schedule C or F) .................... DIVIDENDS (~mplete ~h~ule B if over ~) ................... ~ ~.. 4 DISTRICT DATA COMPLETE SCH~L A~ lines 3 and 4 ONLY ........................................................................ S~E OR EXCHANGE OF,RO,ER~ 4Com~. ~u~. D) ...... RENTS, ROYAL~ES, PATENTS AND ~PYRIGHTS ............... ESTATES(~mpleteoR TRUSTs~hedule E) J"I , A~ACHoF ALL W-2's ~PIES (~mplele ~h~ule J) .................... ........................... ~dd lin~ O, 7, ~ ~nd fl O~kY .................................................................... PENNSYLVANIA T~BLE IN.ME (Add lines lc, 2, S ~d 101 T~ LIABILI~--2.35 % OF LINE 11 (Mul~ply line 11 by .0235) TOTAL P~ IN.ME TAXES WI~HELD .......................... (From A~ch~ W-2's) ~ OFFICIAL USE ONLY PA. ESTIMATED TAX PAYMENTS ........ : ....................... (Include e~en~on parents and allowed credit from 1984 return) T~ES PAID BY PA. RESIDENTS TO OTHER STATES ............. (~mplete ~h~ule G) T~FORGIVENE~ C~IMED ON SCHEDULE SP ................. (~mDlete ~h~ule SP and lines ~a and 20b below) EMPLOYMENT INCENTIVE PAYMENT CREDIT .................... (~mplete PA Sch~ule W) ~.. TOTAL CREDITS (Add lines 13. 14, 15a. 15b and 15c) ............................................ If line 12 is greater than line 16 enter the difference. This is the TAX DUE ............................ Make ch~ks payable to Penns~ia D~ment of Revenue If line 16 is great~ than line 12 enter ~e difference. ~is ~ the OVERPAYMENT .................... ~untof (a) REFUNDED .................................... ~ Wdle ~ ~ Num~ ~ne 18 A~OW AT L~ST SIX WEEKS FOR REFUND CHECKS to ~: ' (b) CREDITED ON 1986 ESTIMATED T~ ............ on ch~k ~ ~n~ ~d~. .. (C) DONATED TO WILD RESOURCE CONSERVATION FUND ................... ~ 19c ~nnot exc~ line 18. U~er ~lee of ~u~, I d~llre thlt I h;v; i~im~ed thll return, I~udlng accompanytng Ich~ulel and s~tem~tl, I~ lo the ~lt of my ~owledge and ~llef It II t~l, conKl and complete. Sign ~ oat (Te~p~e ~.} ~'~ ~ (e ~ ~. ~ ~ ~ ~ ~ ~ ~ ~ ~) J-- Signel~e Of proDs*er, oth~ th ~r. taxpayer, b~s~ & ,/'FILING STATUS: (Check One) Occupation: S [~ Single J ,~ Married. Filing Joint Return Y~ ,j ~r,~/vrour.. M [] Married. Filing Separale Return y r Name of Spouse Spouse'e F [] Deceased, Filing Finll Return Date ol Death RESIDENCY STATUS: (Check One) ' Part-Year Resident -- From To N [] Nonresident Name of State OFFICIAL USE ONLY For the taxable year January 1 -- December 31, 1984 'COMMONWEALTH OF PENNSYLVANIA' Individual Income Tax Return Fiscal Year Filer -- For other taxable ~/ear bec~innin~ 1984, endin~ YOUR SOCIAL SECURITY NUMBER I SPOUSE'S SOCIAL SECURITY NUMBER I · )ZlLING STATUS:. (Check One) ~ I ~ ~ I J ~"~"' Filing Joint Retu= ~st Name First name and initial (if joint return, enter ~th names) ~ ~ Ma~, Rli~ ~p~ate Re~ F ~ D~ea~, Filing Rnal Return Home Address Ci~ or Post Office State Zip ~e / 9dig 198 Occupation: Your I Check One) ~sident RESIDENCY STATUS: R ~.- P ~] Part-Year Resident-- From To N [] Nonresident Name of State OFFICIAL USE ONLY CODE (see pages 7 and 8) [] Check here if this is a change of address from last year's return School District Name o >. UJ Z o ,.,,. o v 3: 3: la. lb. lc. 2. 3. $. 8. 7. 8. 10. 11. 12. 13. ~4. 15a. 15b. 15c. 16. GROSS COMPENSATION (Wages, salaries, tips, etc.) .............. LESS EXPENSES FROM SCHEDULE UE ....................... TAXABLE COMPENSATION (line la less line lb) ............................... ................... ATrACH COPY OF W-2(s) TO BACK OF THIS FORM NET PROFITS FROM BUSINESS, PROFESSION OR FARM ........................................ (Complete Schedule C or F) INTEREST (Complete Schedule A if over $400) .................... 3 DIVIDENDS (Complete Schedule B if over $400) ................... I 4 Add lines 3 and 4 ONLY ........................................................................ RENTS, ROYALTIES, PATENTS AND COPYRIGHTS ............... (Complete Schedule E) ESTATES OR TRUSTS (Complete Schedule J) .................... GAMBLING AND LO'I-rERY WINNINGS ........................... Add lines 6, 7, 8 and 9 ONLY.. PENNSYLVANIA TAXABLE INCOME (Add lines lc, 2, 5 and 10) TAX LIABILITY--2.4 % OF LINE 11 (Multiply tine 11 by .024) ....................................... TOTAL PA. INCOME TAXES WITHHELD .......................... I 13 ( From Attached W-2's) PA. ESTIMATED TAX PAYMENTS ................................ 1141 (Include extension payments and allowed credit from 1983 return) TAXES PAID BY PA. RESIDENTS TO OTHER STATES ............. (Complete Schedule G) TAX FORGIVENESS CLAIMED ON SCHEDULE SP ................. i15bl (Complete Schedule SP) EMPLOYMENT INCENTIVE PAYMENT CREDIT .................... (Complete PA Schedule W) TOTAL CREDITS (Add lines 13, 14, 15a, 15b and 15c) ............................................ THIS RETURN MUST BE FILED ON OR BEFORE APRIL 15. 11985 BE SURE TO COMPLETE SCHOOL DISTRICT DATA ATTACH COPIES OF ALL W-2's TO BACK OF RETURN OFFICIAL USE ONLY If line 12 is greater than. line 16 enter the difference. This is the TAX DUE ............................. Make checks payable to Pennsylvania Department of Revenue If line 16 is greater than line 12 enter the difference. This is the OVERPAYMENT ................. ~ ..... Amountof (a) REFUNDED .................................... Line 18 ALLOW AT LEAST SIX WEEKS FOR REFUND CHECKS to be: (b) CREDITED ON 1985 ESTIMATED TAX ............ (c) DONATED TO WILD RESOURCE CONSERVATION FUND ................ YOU MUST COMPLETE 20a AND 20b IF SCHEDULE SP IS USED 2Os. NUMBER OF DEPENOEI',ITS CLAIMED ON SCHEDULE SP ............................................. ~ ~/ 2Ob. TOTAL INCOME AS REPORTED ON SCHEDULE SP line 8 .................................. 120bi f I Under penalties of perjury, I declare that I have examined thie return, Including accompanying ~chedulel and atatementJ, and to /1 Write Social Security Number on check Or money order. The total of lines 1ga, t913 an~ Igc cannol exctmd line 18, the best of my knowledge and betlef It la true, correct and complete. here Yo..~ o.~ / I (T~ No.~ ~ Signature of ~reparer, oth~ than taxpayer, bas~ on all information of which he has any k~wl~ge Pan~e 5 14. State the name and address of each school, college or other educational institution which you have attended, or are presently attending, Include on the job listing the dates of attendance and the courses of study. and any specialized training which you have received. ANSWER: Dickinson College, Carlisle, PA, 17013 August 1984 to present - Latin American Studies Daniel Boone High School, Box 307, Birdsboro, PA, 19508 Graduated June 1984 Foreign Exchange student in Brazil 1983-84 15. prior to or subsequent to the incident referred to in the Complaint? state: ANSWER: Have you ever suffered any injuries in any accident, either If so, a. Date and place of such injury; b. A detailed description of all the injuries you received; c. The names and addresses of any hospitals rendering treatment; d. The names and addresses of all physicians, surgeons, osteopaths, chiropractors or other medical practitioners rendering treatment; e. The nature and extent of recovery, and, if any permanent disability was suffered, the nature and extent of the permanent disability; and f. If you were compensated in any manner for any such injury, state the names and addresses of each and every person or organization paying such compensation and the amount therof. Fell on steps at Dickinson College, December 14, 1986. Emergency Room, Carlisle Hospital - hurt shoulder X-rays showed no broken bones Incident would not have occurred except for drop foot Expenses paid by Blue Cross/Blue Shield 16. Have you ever had any serious illness, sickness, disease or surgical operations, either prior or subsequent to the incident out of which this claim arose? If so, state: a. The date and place; b. A detailed description of your symptoms; c. The names and addresses of any hospitals rendering treatment; d. The names and addresses of all physicians, surgeons, osteopaths, chiropractors or medical practitioners rendering ee treatment; The approximate date of your recovery; and If you did not recover fully, the date your condition became stationary, and a description of your condition at that time. ANSWER: 17. State whether you have made any statement or statements in any form whether in writing, tape recording device or otherwise, to any person regarding any of the events or happenings in regard to the incident out of which this claim arose, and if so, state: a. The names and addresses of the person or persons to whom such statements were made; b. The date such statements were made; c. The form of the statement, whether written, oral, by recording device or to a stenographer; d. Whether such statements, if written, were signed; e. The names and addresses of the persons presently having custody of such statements; and f. Attach a copy of each such statement to your Answers to Interrogatories. ANSWER: To my attorney To my physicians 18. List the names and addresses of persons known or believed by you, or any person acting on your behalf, to have been within sight or hearing of the incident out of which this claim arose. ANSWER: None except parties to suit 19. With respect to each of the aforesaid witnesses listed in the preceding Interrogatory, state the following information: ao State his exact location at the time of the incident; State his activities at the time of the incident; and Whether or not he saw the incident. ANSWER: N/A 20. Except as set forth in Interrogatory No. 18 above, list the names and addresses of all persons known or believed by you, or any person acting on your behalf, to have first-hand knowledge of the facts and circumstances of the incident, of the events leading up to or following the incident, of the conditions at the scene of the incident, existing prior to, at or immediately after the same, or any other person from whom you have obtained information as to how the incident happened or the cause of the incident. ANSWER: None except parties to suit, police investigators 21. State the full name and last known address, giving the street, street number, city and state of every witness known to you, or your attorneys, or representatives who claim to have seen or heard the Peffer Defendants make any statement or statements pertaining to any of the events or happenings with respect to the incident out of which this claim arose, and supply the following: a. The location or locations where the Defendants made any such statement or statements; b. The name and address of the person or persons in whose presence the Defendants made such statement or statements; c. The time and date upon which the Defendants made any such statement or statements; d. The full name and address of any other person who was present at the time and place that Defendants made such statement or statements; and e. Whether you ro anyone acting on your behalf obtained statements in any form from any person who claimed to be able to testify to the statement or statements made by the Peffer Defendants. ANSWER: None 22. If the answer to the preceding Interrogatory is in the affirmative, then state: a. The names and addresses of the persons from whom any such statements were taken; b. The date upon which said statements were taken; c. The names and addresses of the employers of the persons who took such statements; d. The names and addresses of the persons having custody of such statements; and e. Whether such statements were written, oral, by recording device or by court reporter or stenographer. ANSWER: M/A 23. State whether you, your attorney, your insurance carrier or anyone acting on your behalf obtained statements in any form from any persons regarding any of the events or happenings that occurred at the scene of the incident referred to in the Complaint immediately before, at the time of, or immediately after said incident. If so, state: a. The name and address of the person for whom such statements were taken; b. The dates on which such statements were taken; c. The names and addresses of the persons and employers of such persons who took such statements; d. The names and addresses of the persons having custody of such statements; e. Whether such statements were written, by recording device, by court reporter or stenographer; f. Whether such statements were signed; and g. Please attach a copy of each statement to your Answers to Interrogatories. ANSWER: 24. Please list each document which you are going to use at the time of trial, giving a brief description of the contents of the document, and attach a copy of each document to your Answers to Interrogatories. ANSWER: Reports of experts already forwarded and all other reports and documents developed in the course of preparation of a trial. 25. Are you, or anyone acting on your behalf, in possession of or know of the existence of any photographs of the instrumentation, equipment, tools, locality or any other thing or matter involved in the incident in suit? If so, state: ANSWER: a. b. de a. The date or dates when such photographs were taken; b. The name and address of the party taking them; c. Where they were taken; d. The present whereabouts of the photographs, and the names and addresses of the persons presently in possession or custody thereof; e. The specific subject matter of the photographs; and f. What the photograph or photographs purport to show or illustrate or represent. February and March 1985 Robert Fern and Don Eisenhardt, Gobin Dr., Carlisle, PA Garage, and scene of accident Possession of Frances H. Del Duca scene of accident Damaged cars, damage to cars, scene of accident 26. Are you, or anyone acting on your behalf, in possession of or know of the existence of any blueprints, sketches, drawings, diagrams or plans of the instrumentalities, locality, equipment, tools or any other thing or matter involved in the incident in suit? If so, state: a. The nature of the document, the name and address of the person preparing each such document, and the date of its Ce preparation; The names and addresses, and the persons presently having possession or custody of each such document; The specific subject matter of the document; The date it was made or taken; and What the document purports to show, illustrate or represent. ANSWER: None except drawings in accident report of Silver spring Township Police Dept. dated 2/9/85 officer E.L. shaffer report # TA 85-36 27. Please list the name and address of each witness who you intend to call at the time of trial of this matter. ANSWER: Treating physicians and experts whose names and reports have already been supplied and all experts and witnesses engaged by or discovered by any defendant as well as all witnesses whose identities developed in the course of discovery as well as any other experts engaged subsequently to the date of this answer. 28. Identify each person whom you expect to call as an expert witness at the trial of this case. In accordance with Pennsylvania Rule of Civil Procedure 4003.5, you may file as your answer each expert report or have the Interrogatories answered by the expert. The answer or separate report shall be signed by the expert. As to each witness, state: a. The subject matter on which he is expected to testify; b. The facts and opinions to which he is expected to testify; c. A summary of the gounds of each opinion; and d. Whether the facts and opinions listed in (b) above are contained in a written report, memorandum, or other transcript, and if they are, give the name, and address of the present custodian of same and state whether you will produce the same without the necessity of a motion. ANSWER: See expert reports made available to counsel and medical reports likewise supplied. 29. State in detail the nature of the injury or injuries you allege that you suffered as a result of the incident referred to in the Complaint, and with respect thereto, state the following: a. The extent and nature of any disability; b. Describe in detail the location of any pain suffered and the duration and intensity of such pain; and c. Whether or not you suffered any restraint of your normal activities due to the injuries allegedly suffered, and describe in detail the nature of such restraint and the date you suffered the pain. ANSWER: The plaintiff has difficulty walking, sitting, standing; she fatigues easily; her eyes tire easily; she has difficulty sustaining long periods of physical activity, work or play despite being a determined and stoical type of personality. She must wear a brace on her right ankle and will mot probably face the prospect as she gets older of an ankle fusion as the joint surfaces deteriorate and arthritis sets in. She cannot play sports, cannot dance, she cannot crouch or kneel and cannot wear high heels and is reluctant because of scarring on her person to wear a bathing suit and similar type clothing. She has difficulty ascending and descending stairs and the performance of many ordinary everyday move- ments 30. If you received any treatment with respect to the injuries allegedly suffered, state: a. The name and address of each hospital in which you were treated or admitted; b. The dates on which said treatment was rendered, including the dates of entry and discharge into and from said hospital or hospitals; c. Itemize the services rendered by each of the hospitals listed above; d. The name and address of each physician, surgeon, osteopath, chiropractor, or medical or dental practitioner of any type whatsoever who has examined or treated you, or conferred with you with respect to the injuries alleged; and e. Itemize the costs and expenses of each such examination or treatment by those listed in (d) above. ANSWER: Names of institutions and treat ing physicians listed in complaint along with reports supplied to counsel 1/20/87. Copies of billings can be supplied at your cost. 31. State the treatment, procedures or operations that have been performed in any connection with the alleged injuries in any hospital, and give the name of the hospital and the name of the Doctor or Doctors giving the treatment or performing the procedures or operations and the dates upon which they were given or performed. ANSWER: See physicians' reports supplied to counsel. 32. Since the date of the incident referred to in your Complaint, have you been treated by or examined by, or conferred with any other physician, surgeon, osteopath, chiropractor, or medical or dental practitioner of any type whatsoever whose name you have not heretofore supplied, and if so, state: a. The name and address of each physician, surgeon, osteopath, chiropractor, or medical or dental practitioner of any type whatsoever who has examined, treated, conferred or consulted with you, and the dates of the same; and b. The condition for which said care or treatment or admission ANSWER: was rendered. No 33. If you are still receiving medical services or treatment of any nature whatsoever, state: The name or names of the person or persons attending you; The approximate frequency of said treatment or service; and The date you last received said treatment or service. ANSWER: Dr. Eliot Menkowitz 34. Have you worn any type of artificial aid, prosthetic device or orthopedic appliance, and if so, state: a. The name of the Doctor or Doctors who fitted or prescribed said aid, device or appliance; b. Describe the aid, device or appliance, and state its cost; c. When did you start wearing said aid, device or appliance; d. When did you stop wearing said aid, device or appliance; and e. Was the said aid, device or appliance worn continuously or intermittently during the foregoing period, and if both, state the period in which was worn continuously. ANSWER: Leg brace prescribed by Eliot Menkowitz. reports supplied to counsel. See his 35. Have you sustained any additional financial losses as a result of the incident complained of, other than those covered by the preceding Interrogatories? If so, state: a. The nature and amount of such losses; b. The date thereof; and c. The names and addresses of any persons to whom any money so claimed as additional loss was paid or incurred. ANSWER: Incidental clothing, transportation costs, and unreimbursed medical expenses not covered by PIP carrier or Blue Cross. 36. Have you ever been involved in any other legal action for personal injury or property damage, either as a Defendant or as a Plaintiff? If so, state: a. Date and place each such action was filed, giving the name of the court, the name of the other parties involved, the number of such action and the names of the attorneys representing each party; b. A description of the nature of each such action; and c. The result of each such action, whether there was an ANSWER: appeal and the result of the appeal. No 37. Paragraph 6(a) of Plaintiff's Complaint alleges that the negligence of Defendant Stephen William Peffer consisted of "crossing over the middle line of the road improperly and in violation of Section 3301(a) of Pennsylvania Vehicle Code, 75 Pa.C.S.A. which negligence is negligence per se under Pennsylvania law." With respect to those allegations, please state the following: ANSWER: a. Each fact which supports the allegations; b. Identify each witness who will be called at the time of trial to testify in support of the allegations; c. Identify all exhibits which will be used at the time of trial to support the allegations; and d. Each step which you contend Defendant Stephen William Peffer should have performed to avoid being negligent. Police, police reports - parties crossing mid-line of highway establishing prima facie negligence. 38. Paragraph 6(b) of Plaintiff's Complaint alleges that the negligence of Defendant Stephen William Peffer consisted of "operating a motor vehicle at too high and excessive a rate of speed for the conditions then obtaining." With respect to those allegations, please state the following: a. Each fact which supports the allegations; b. Identify each witness who will be called at the time of trial to testify in support of the allegations; c. Identify all exhibits which will be used at the time of trial to support the allegations; and d. Each step which you contend Defendant Stephen William Peffer should have performed to avoid being negligent. ANSWER: Police, police reports - parties - the defendant should not have crossed the middle line under circumstances obtaining at scene. 39. Paragraph 6(c) of Plaintiff's Complaint alleges that the negligence of Defendant Stephen William Peffer consisted of "inattentiveness. With respect to this allegation, please state the following: a. Each fact which supports the allegation; b. Identify each witness who will be called at the time of trial to testify in support of the allegation; c. Identify all exhibits which will be used at the time of trial to support the allegation; and d. Each step which you contend Defendant Stephen William Peffer should have performed to avoid being negligent. ANSWER: Police, police reports, parties - the defendant should not have crossed middle line under circumstances obtaining at scene. 40. Paragraph 6(d) of Plaintiff's Complaint alleges that the negligence of Defendant Stephen William Peffer consisted of "failing to observe the rights, safety and position of the plaintiff then lawfully seated as a passenger in a motor vehicle upon the highway." With respect to those allegations, please state the following: a. Each fact which supports the allegations; b. Identify each witness who will be called at the time of trial to testify in support of the allegations; c. Identify all exhibits which will be used at the time of trial to support the allegations; and d. Each step which you contend Defendant Stephen William Peffer should have performed to avoid being negligent. ANSWER: Police, police reports, parties - the defendant should not have crossed middle line under circumstances obtaining at scene. 41. Paragraph 6(e) of Plaintiff's Complaint alleges that the negligence of Defendant Stephen William Peffer consisted of "negligence at law." With respect to that allegation, please state the following: a. Each fact which supports the allegation; b. Identify each witness who will be called at the time of trial to testify in support of the allegation; c. Identify all exhibits which will be used at the time of trial to support the allegation; and d. Each step which you contend Defendant Stephen William Peffer should have performed to avoid being negligent. ANSWER: Police, police reports - parties crossing mid-line of highway establishing prima facie negligence. 42. Paragraph 6(f) of Plaintiff's Complaint alleges that the negligence of Defendant Stephen William Peffer consisted of "failing to maintain his physical person in proper condition to be able to operate an automobile safely at the time and place averred in the complaint." With respect to those allegations, please state the following: a. Each fact which supports the allegations; b. Identify each witness who will be called at the time of trial to testify in support of the allegations; c. Identify all exhibits which will be used at the time of trial to support the allegations; and d. Each step which you contend Defendant Stephen William Peffer should have performed to avoid being negligent. ANSWER: Police, police reports - parties crossing middle line of highway establishing prima facie negligence. Police, police reports - parties - the defendant should not have crossed the middle line under circumstances obtaining at scene, and all other facts developed in the course of discovery and preparation for trial. 43. Paragraph 6(g) of Plaintiff's Complaint alleges that the negligence of Defendant Stephen William Peffer consisted of "failing to properly and adequately control his vehicle at the time and place averred in the complaint." With respect to those allegations, please state the following: a. Each fact which supports the allegations; b. Identify each witness who will be called at the time of trial to testify in support of the allegations; c. Identify all exhibits which will be used at the time of trial to support the allegations; and d. Each step which you contend Defendant Stephen William Peffer should have performed to avoid being negligent. ANSWER: Police, police reports - parties - the defendant should not have crossed the middle line under circumstances obtaining at scene. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that I have this 13th day of February, 1987, served a true and correct copy of the foregoing Interrogatories of Defendants, Stephen William, Edgar W. and Eleanor S. Peffer Addressed to Plaintiff, upon the following person by placing same in the United States mail, first-class postage prepaid, addressed as follows: Frances H. Del Duca, Esquire Ten West High Street Carlisle, PA 17013 James K. Thomas, II LORI ANN FERN, Plaintiff STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER and ELEANOR S. PEFFER, and CHRISTOPHER LEYON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 75 CIVIL 1987 JURY TRIAL DEMANDED INTERROGATORIES OF DEFENDANTS, STEPHEN WILLIAM, EDGAR W. AND ELEANOR S. PEFFER ADDRESSED TO DEFENDANT, CHRISTOPHER LEYON PURSUANT TO THE PROVISIONS of Pa.R.C.P. 4005 and 4006, as amended, you are required to file the original and serve a copy on the undersigned, of your Answers and objections, if any, in writing and under oath, to the following Interrogatories, within thirty (30) days after service of the Interrogatories. The answers shall be inserted in the spaces provided following each Interrogatory. If there is insufficient space t6 answer an Interrogatory, the remai'nder of the answer shall follow on a supplemental sheet. These Intercogatories shall be deemed to be continuing in nature, in accordance with the provisions of Pa.R.C.P. 4007.4, as amended. If between the time of filing your original Answers to these Interrogatories and the time of trial of this matter, you or anyone acting on your behalf having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer was incorrect when made is no longer true, then you shall promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such a Supplemental Answer on the undersigned. THOMAS & THOMAS DATE: James K. Thomas, II 212 Locust Street P. O. Box 999 Harrisburg, PA 17108 Attorneys for Defendants, Stephen William Peffer, Edgar W. Peffer and Eleanor S. Peffer -2- ANSWER: 1. State your full name, date of birth, and place of birth. 2. State whether you have made any statement or statements in any form whether in writing, tape recording device or otherwise, to any person regarding any of the events or happenings in regard to the incident out of which this claim arose, and if so, state: a. The names and addresses of the person or persons to whom such statements were made; b. The date such statements were made; Ce The form of the statement, whether written, oral, by recording device or to a stenographer; Whether such statements, if written, were signed; The names and addresses of the persons presently having custody of such statements; and f. Attach a copy of each such statement to your Answers to Interrogatories. 3. List the names and addresses of persons known or believed by you, or any person acting on your behalf, to have been within sight or hearing of the incident out of which this claim arose. ANSWER: ~ ~,~,_. ~ 4. With respect to each of the aforesaid witnesses listed in the preceding Interrogatory, state the following information: ANSWER: ae State his exact location at the time of the incident; State his activities at the time of the incident; and Whether or not he saw the incident. 5. Except as set forth in Interrogatory No. 3 above, list the names and addresses of all persons known or believed by you, or any person acting on your behalf, to have first-hand knowledge of the facts and circumstances of the incident, of the events leading up to or following the incident, of the conditions at the scene of the incident, existing prior to, at or immediately after the same, or any other person from whom you have obtained information as to how the incident happened or the cause of the incident. ANSWER: 6. State the full name and last known address, giving the street, street number, city' and state of every witness known to you, or your attorneys, or representatives who claim to have seen or heard the Peffer Defendants make any statement or statements pertaining to any of the events or happenings with respect to the incident out of which this claim arose, and supply the following: a. The location or locations where the Defendant or Defendants made any such statement or statements; b. The name and address of the person or persons in whose presence the Defendant or Defendants made such statement or statements; c. The time and date upon which the Defendant or Defendants made any such statement or statements; d. The full name and address of any other person who was present at the time and place that Defendant or Defendants made such statement or statements; and e. Whether you or anyone acting on your behalf obtained statements in any form from any person who claimed to be able to testify to the statement or statements made by the Defendant or Defendants. ANSWER: 7. If the answer to the preceding Interrogatory is in the affirmative, then state: a. The names and addresses of the persons from whom any such statements were taken; b. The date upon which said statements were taken; c. The names and addresses of the employers of the persons who took such statements; d. The names and addresses of the persons having custody of such statements; and e. Whether such statements were written, oral, by recording. device or by court reporter or stenographer. ANSWER: 8. State whether you, your attorney, your insurance carrier or anyone acting on your behalf obtained statements in any form from any person regarding any of the events or happenings that occurred at the scene of the incident referred to in the Complaint immediately before, at the time of, or immediately after said incident. If so, state: ae The name and address of the person for whom such statements were taken; be de The dates on which such statements were taken; The names and addresses of the persons and employers of such persons who took such statements; The names and addresses of the persons having custody of such statements; eo fe Whether such statements were written, by recording device, by court reporter or stenographer; Whether such statements were signed; and Please attach a copy of each statement to your Answers to 9. Are you, or anyone acting on your behalf, in possession of or know of the existence of any photographs of the instrumentation, equipment, tools, locality or any other thing or matter involved in the incident in suit? If so, state: a. The date or dates when such photographs were taken; b. The name and address of the party taking them; c. Where they were taken; d. The present whereabouts of the photographs, and the names and addresses of the persons presently in possession or custody thereof; e. The specific subject matter of the photographs; and f. What the photograph or photographs purport to show or illustrate or represent. ANSWER: ANSWER: 10. Are you, or anyone acting on your behalf, in possession of or know of the existence of any blueprints, sketches, drawings, diagrams or plans of the instrumentalities, locality, equipment, tools or any other thing or matter involved in the incident in suit? If so, state: a. The nature of the document, the name and address of the person preparing each such document, and the date of its preparation; b. The names and addresses, and the persons presently having possession or custody of each such document; c. The specific subject matter of the document; d. The date it was made or taken; and e. What the document purports to show, illustrate or represent. ll. to call at the time of trial of this matter. ANSWER: Please list the name and address of each witness who you intend 12. Identify each person whom you expect to call as an expert witness at the trial of this case. In accordance with Pennsylvania Rule of Civil Procedure 4003.5, you may file as your answer each expert report or have the Interrogatories answered by the expert. The answer or separate report shall be signed by the expert. As to each witness, state: a. The subject matter on which he is expected to testify; b. The facts and opinions to which he is expected to testify; c. A summary of the grounds of each opinion; d. Whether the facts and opinions listed in (b) above are contained in a written report, memorandum, or other transcript, and if they are, give the name, and address of the present custodian of same and state whether you will produce the same without the necessity of a motion. ANSWER: 13. Have you ever been involved in any other legal action for personal injury or property damage, either as a Defendant or as a Plaintiff? If so, state: a. Date and place each such action was filed, giving the name of the court, the name of the other parties involved, the number of such action and the names of the attorneys representing each party; b. A description of the nature of each such action; and c. The result of each such action, whether there was an appeal and the result of the appeal. ANSWER: Christopher Leyon CERTIFICATE OF SERVICE I hereby certify that I have this 13th day of February, 1987, served a true and correct copy of the foregoing Interrogatories of Defendants, Stephen William, Edgar W. and Eleanor S. Peffer Addressed to Defendant Christopher Leyon, upon the following person by placing same in the United States mail, first-class postage prepaid, addressed as follows: George F. Douglas, Jr., Esquire Douglas and Douglas 27 West High Street P. O. Box 261 Carlisle, PA 17013-0261 James K. Thomas, II CO~b~NWEALTH OF PENNSYLVANIA ) : COUNTY OF ~ ) Christopher Leyon, being duly sworn according to law, deposes and says that the within Answers to Interrogatories are true and correct to the best of affiant's knowledge, information and belief. Christopher Leyon ~/ Sworn to and subscribed before me this IOU"day of r POLICE ACCID[N1 REPORT S~ver Bpr~g ~ship ~co ~pt 21212 I J Pa J M J12/20/62 LEGALLY "ILLEGALLY '~ HIT & PARKED PARKED RUN ~phen William PEFFER! 109 E. t,~'~.T,k-m St, Mechanicsburg,Pa 17055 697-1035 astern American Mi~er'~ ~erv Center LIr_.LJALLY " ILLEGALLY ~ HIT & ~istopher ~ ~ S. West St, ~li~e,Pa 1D13 243~ 3bert E. and Janet T. LEYON, address as operator Late Farm Mutaul 2X:TTTTTTTT~:I:XI'X.TXX~KX1ClPX'T~X x x X X X x x x x x X X~T~"TTX-T _I,~:X]VXTTT z x x x x ,t x x ] z z z x TTTTTTT X X x x x x x x X XX x x ~~~$~ PRINCIPAL ROAD J INTERSECTING ROAD ~SECF, JNI ~c~t Po~t ~ ~-21012 I N S ~) w I 1/10 4 0-NO ADVISE ~ND. I 0 I 4 O-~ CONTROLS ,. , VN OR DU~ 2-SLEET. ~L. ~C. I- ~y ROAD ~G~L F~GMAN LIGHT 3 - SNO~NG 2 - WE1 ~ 2 - T~F FIC ~GNAL 7 - F~SHING SCHOOL IK(ST. LIGHTC ON) 4 - FOg, SMOKE. ~C 3 - MUDDY 0I 3- ST~ ~GN ZONE ~GN IK (NO ST LIGHTS1 5- ~INING AND FOGGY 4- SNOw OR ICE v j 4- YIELD SiGN ]llllllllllllllllllll llllllIIllIllIlllllllllllll lllllllllllIlllllllllllllll ~ ~L ~,l~j~j~_~A~_~__,_r__a___, ..... ~ecn4~ucsuur~K AmD ~ ~ecnog,~a ~ver ~escue .Harrisburg. ~ · A AAA · · AAA · AA AA Al Al &Alii · 1111 l lXlll III l llllllll III lIllIl111 lll l Il I I III I1 llll 111 lllll Il Il III l lll I llllll!Ill J J [JZ ~ Jl~l XJX~Z ~z ~E CODES ON OVERLAY SHEET TO COMPLETE BLOCKS A THRU N OF THIS SECTION 3 C D E F G NAME ADDRESS H I J K I_ M J ~ 2~ 3 2 0 As operator unit 1 N 4 28 12 A 6' H 20 2 9 O As operator unit 2 N ; F '17 2 ~ O Lori Ann F'~RNI Box 45 BlOnionwillo RdtDougla~lle,Pa - 4 29 14 ~BC 6 USE ARROW I I I I , I I I I I be, o! Lane~ on Principal Roacl ,~AR~ATIVE oauway that runs east and west in thia t the t/mae of the accident it had been hlow~g amow and ~e roadway had iced over and was covered with a l~ght f snow. Also in this area drifts of snow were out ~nto ~adway, Penn D.O.T was called to plow and c~der, but did ~t do so prior to the accident. nit 1 had been traveling east on Pa 641, with mnit 2 raveling west. A~prox 1/10 ~cLle west of Lc~ Point Rd perator 1 lost control of his ~ntt. Unit 1 went acro~ ~e roadway to the left into the w~st boumd lane and wa~ 11at~_g sideweJs, which trait 2 strmck m~it 1 ~n~tng both unit m off the roadway to the right into the m~nt yard at 1176 'W. Trin~le Rd. ~erstor ~. stated he was traveling ta~t ~n Pm 641 toward echauicsburg. He lo~t eo~tJ~xl of hie car ~n th~ ice, hat he hae ~o idea. perator ~ adwieed th~- offioe'r at .the hospital he had dea what ha~penedo itizen~e Fire and Rescue of 14echanicsbur~ a~ong with F ----- VL;'~ICLE t'~UML3£h -- ~1 AUTO/,~U~K UODY IYPL 11 - .JEEP, ETC. 01 - CONVERTIULF 12- PICK-UP a2 · 2 I~ H. ARDJ0~ 13 - VAN (NOT a3 - 4 I~ t'~RDI0~° MOVING VAN OR 04-2 DR SEDAN HORSE VAN) 05- 4 DR SEDAN 14- 1'OW TRUCK O~ - STA. WAGON 07- UMOUSINE 10-TRACTOR (CAB ONLY) 06 - OTHER AUTO 17- TRACTOR TRAILER 18 - 01HER I'RUCK BODY ~7.~ INITIAL POINT OF IMPACT / O0- NONE 020~' J nL~ ' O?-TOP i 0~3 UNDERCARRIAGE 09 - TOWED UNIT 99 - UNKNOWN ~3. VEI-flCLE DAMAGE SEVERJTY 0 - NONE 2- MODERATE 1 - UGHT 3- SEVERE 6.4. WAS TOW1NG REQUIRED? 0 - NO 1 - YES 65 ESTIMATED TRAVEL SPEED O0-NONE (STOPPED/PARKED) 01-97-CODE ACTUAL SPEED ~-98 OR GREATER ~'9. UNKNOWN 645. VEH1CLE GRAI~ENT l-LEVEL ROADWAY 2 - UPHILL 3- DOWN HILL 67. SPECIAL USAGE O0 - NONE 01 -PUPtL TRANSPORT 02- FIRE VEHICLE 03 - AMBULANCE 0.4-OIHER EMERGENCY VEHICLE 05~ S'[ATE POLICE VEHICLE 06-PENN DOT VEHICLE 07-OTHER STATE OOV'T. VEHICLE 0,6- MUNICIPAL POLICE VEHICLE 09 - 0Ti"~R MUNICIPAL GOV"I. VEHKT..E 10- FEDERAL GOV'T. VEHICLE 1 t - TAXI 12 - TOWING CAR 13-TOWING TRUCK 14 - TOW1NG UTILITY TRAILER 15 - lOWING M0JTILE/M00,ULA~ 16-TOWING CAMPER 6~. HAZARDOUS SUBSTANCE TYPE -FROM PLACARI)- 00-NOT APPLICABLE 12- FUEL OIL 01 - NON-FLAMMABLE 13 - DANGEROUS GAS 14 - RADIOACTIVE 02 - COMBUSTIBLE 15- FLAMMABLE 0G - ORGANIC PEROXIDE ' SOED - W 04 - CORROSIVE 16- FLAMMABLE 05 - EXPLOSIVE "A' 17 - FLAMMABLE 0,6 - OXYGEN 07 - POISON 18- FLAMMABLE O~ - £XPLOS4VE 'B' ~3OLID O0 - CHLORINE 1~- OASOLINE 10 - OXIDIZER 20 - 1'1 - P(;~S(j)N GAS ~'0 - OTHE~ JO,L~TIOf~S INDICATED UNIT NO 1 J 'tO CITATIO,~HS) U'NITJ~O I J 71 ~TA ~-~~ V~ ,t ~fe ~d J Veh ~ ~ ~ j ', / I [xxzzzz] [XrZlZX l XZZ]x x x x [xxxxz x xxxx x x x x x x xxxzzxxxxxxttxxx x z zx] x x x x x x x z x xx z~ z x x x~ x] x ~t xxx xx x x x~ x zxxx x~[~ ALCOHOL ~EST TYPES- BLOCKS 76 AND 7g I - BLOOD 3 - U~NE fl - OTHER THE FOLLOWl G CODES. 2- BROTH 4- 3EST REFUSED CHEMICAL I ' I= 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) Lori Ann Fern VS. (Plaintiff) Stephen William Peffer Edward W. Peffer Eleanor S. Peffer and Christopher Leyon (Defendant) (check one) . ( ) Assumpsit __ ~,~ r-- :~, , (x) Trespa~ (Motor Vehicle) o~ --~.~ ( ) (other) The trial list will be called on Aug. 23,1988 and Sept. 6, 1988 Trials commence onAug. 31, 1988 . Pretrials will be held on Sept. 19,1988. (Briefs are due 5 days before pre- trials. ) (The party listing this case for trial shall provide forthwith a copy of the ~raecipe to all counsel, pursuant to local Rule 214-1.) No35 Civil Indicate the attorney' who will try case for the party who files this praecipe: George F. Douglas, Jr.t for Defendant, Leyon Indicate trial counsel for other parties if known:Frances Del Duca, James K. Thomas, II, Esquire, for Defendant Peffer t9 87 Esquire, for Plaintiff This case is ready for r~al. August 1, 1988 /~uglas ~ ~uglas Print Name: Defenadnt, Leyon Date: Attorney for: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 75 CIVIL 1987 LORI ANN FERN V. STEPHEN WILLIAM PEFFER, et al. PETITION AND RULE FRANCES H. DEL DUCA ATTORNEY AT LAW TEN WEST HiGh STREET CARlISlE, PENNSYLVANIA 17OI3 LORI ANN FERN Ve STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER and ELEANOR S. PEFFER, and CHRISTOPHER LEYON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 75 CIVIL 1987 ORDER FOR RULE TO SHOW CAUSE AND NOW, this [~ day of November 1987, upon consideration of the within petition by plaintiff through her attorney Frances H. Del Duca, a Rule is hereby issued upon defendants Stephen William Peffer, Edgar W. Peffer and Eleanor S. Peffer to show cause why they should not respond to the Request for Production and Copying of Documents within twenty days or suffer sanctions for failure to respond. Rule returnable within 20 days from date hereof. J. LORI ANN FERN Ve STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER and ELEANOR S. PEFFER, and CHRISTOPHER LEYON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 75 CIVIL 1987 PETITION AND RULE FOR PRODUCTION AND COPYING OF DOCUMENTS AND SANCTIONS 1. On June 11, 1987, plaintiff through her attorney Frances H. Del Duca, Esq., forwarded to defendants Stephen William Peffer, Edgar W. Peffer and Eleanor S. Peffer through their attorney James K. Thomas, II, Esq., a Request for Production and Copying of Documents, a copy of which is attached. 2. On July 13, 1987, a reminder was given that plaintiff had not received a response to the Request for Production and Copying of Documents and on July 14, 1987, plaintiff's attorney received a phone call apologizing for 'the delay in complying with the request and a promise "to get to your request as soon as possible." 3. On August 27, 1987, plaintiff again requested the Production and Copying of Documents. 4. On September 9, 1987, defendants' attorney again apologized for the delay in complying with the Request and promised a response within a week or so. 5. Plaintiff is unable to complete preparation for trial because discovery is incomplete and plaintiff is entitled to the information requested. WHEREFORE, plaintiff requests that defendants be directed to produce the documents and to permit copying of the same by the plaintiff pursuant to Pa.R.C.P. 4009 within 20 days or suffer sanctions for failure to produce such documents which would preclude respondent from introducing any testimony at the trial of the case which forms the subject matter of the documents requested or to introduce any of the documents requested. ~ Frances H Del Attorney for Plaintiff LORI ANN FERN Ve STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER and ELEANOR S. PEFFER, and CHRISTOPHER LEYON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 75 CIVIL 1987 TO: REQUEST FOR PRODUCTION AND COPYING OF DOCUMENTS Stephen William Peffer, Edgar W. Peffer and Eleanor S. Peffer c/o James K. Thomas, II, Esq. 213 Locust St., Box 999 Harrisburg~ PA 17108 June , 1987 Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Plaintiff, Lori Ann Fern, requests that Defendants produce the documents hereinafter described and permit Plaintiff, through her attorney, to inspect them and copy such of them as she may desire. Plaintiff requests that the documents be made available for this examination at the office of Plaintiff's attorney located at 10 West High Street, Carlisle, Pennsylvania, within thirty (30) days of the date of service hereof. Plaintiff's attorney will be responsible for these documents so long as they are in her possession. Copying will be done at Plaintiff's expense and the d¢,cuments will be properly returned after copying has been completed. The request is intended to cover all documents in the possession, custody and control of Defendants, their agents, DATE: employees, insurance carriers and attorneys. Further, this request is considered to be continuing. It should be modified or supplemented as Defendants receive additional documents up to the trial of this matter. 1. The entire contents of any investigatory file or files and any other documentary material in your possession which supports or relates to the allegations of defendants' complaint (excluding references to mental impressions, conclusions or opinions of the case or respecting strategy or tactics and privileged communication from counsel). ' 2. Any and all statements concerning the action, as defined by Rule 4033.4, from all witnesses including any statements from the parties herein or their respective agents, servants or employees. 3. All photographs taken or diagrams prepared of the scene of the accident or any instrumentality involved therein. 4. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. Reports of any and all experts who will testify at e trial. Attorney for Plaintiff Lori Ann Fern I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 19 Pa.C.S. unsworn falsification to authorities. Dated: Sec. 4904 relating to camera: Mamiya 645 Light conditions: Film: open Sun, Tri-X clear 2O 4OO ASA photo Taken LenS: ~ormal 80mm ~o:5O ~-~- 3/~/85 MamilYa 645 camera: ~ight conditionS: Film: Tri°l[ open sun, clear 1 2O 4OO ~hoto Taken: ~enS: Bo~mal 8Omm ~o:5O ~-~' -~/2~/s5 Camera: Mamiya 645 Light Conditions: Open sun, C1 eaz~ 120 400 ~ °:~° ~'~.~°~3/> s%~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. ~'%~" CIVIL 1987 LORI ANN FERN V. STEPHEN WILLIAM PEFFER et al. COMPLAINT FRANCES H. DEL DUCA ATTORNEY At 1AW TEN WEST HIGH STREET CARLISLE, PENNSYLVANIA 17OI3 LORI ANN FERN V. STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER and ELEANOR S. PEFFER and CHRISTOPHER LEYON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~--- CIVIL 198 7 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 com- plaint 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 Third Floor Cumberland County Court House Carlisle, PA 17013 Telephone: 717-249-1133 Attorney four ~lain[~'ff LORI ANN FERN STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER and ELEANOR S. PEFFER and CHRISTOPHER LEYON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. y~ CIVIL 1987 JURY TRIAL DEMANDED COMPLAINT IN CIVIL ACTION COUNT I 1. The plaintiff is Lori Ann Fern of 41 Fairway Drive, R. D. 4, Quarryville, Lancaster County, Pennsylvania, 17566. 2. The defendants are Stephen William Peffer, Edgar W. Peffer and Eleanor S. Peffer, of 109 East Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The defendant Christopher Leyon is an adult who resides at 404 South West Street, Carlisle, Cumberland County, Pennsylvania. 4. On or about Saturday February 9, 1985, the plaintiff was a passenger in a 1972 VW squareback sedan owned by Robert E. and Janet T. Leyon and then and there being operated by Christopher Leyon in a westbound direction on Pennsylvania Route 641. 5. At or about the same time the defendant, Stephen William Peffer, was operating a 1979 Chevrolet Camara coupe which was owned by Edgar W. and Eleanor S. Peffer as the agent, servant, workman or employee of the said owners and within the scope of his employment, in an eastbound direction on Pennsylvania Route 641 when at a point approximately one tenth of a mile west of the intersection of Pennsylvania Route 641 and Locust Point Road, Cumberland County, the defendants' vehicle came into a violent collision with the vehicle then being operated by the defendant, Christopher Leyon, due to the recklessness, carelessness and negligence of both of the operators in their use of the vehicles they were then operating which negligence caused serious and permanent injuries to the plaintiff as more particularly set out below. 6. The negligence of the defendant, Stephen William Peffer, consisted in the following: (a) crossing over the middle line of the road improperly and in violation of Section 3301(a) of Pennsylvania Vehicle Code, 75 Pa.C.S.A. which negligence is negligence per se under Pennsylvania law; (b) operating a motor vehicle at too high and excessive a rate of speed for the conditions then obtaining; (c) inattentiveness; (d) failing to observe the rights, safety and position of the plaintiff then lawfully seated as a passenger in a motor vehicle upon the highway; (e) negligence at law; (f) failing to maintain his physical person in proper condition to be able to operate an automobile safely at the time and place averred in the complaint; and (g) failing to properly and adequately control his vehicle at the time and place averred in the complaint. 7. As a result of the negligence of the defendants the plaintiff was injured in and about her eyes, nose, head, chest, legs, arms, pelvis and hips, suffering a permanent eye injury an open fracture of her nose, five broken ribs, a fracture of the left tibia bone, a fracture of the left wrist, a fracture of her pelvic bones and a fracture of the acetabulum of the right hip, -2- all of which have required her to expend money for the services of physicians and other related medical personnel and for hospital and out-patient care and which will continue to require her to expend money in the future to aid the cure of the residual condition which have become lasting and permanent in nature. 8. The plaintiff has expended the following amounts of money which she or others on her behalf have paid for physician and related medical care: -3- Carlisle Hospital Pottstown Memorial Medical Center HOSPITALS 2/8/-3/13, 1985 12/16/86 3/13-3/26, 1985 5/8-5/9, 1985 14790.53 45.00 4201.21 1451.64 Dr. Raymond Wiss 220 Wilson St. Carlisle, PA Dr. J. Craig Jurgensen Belvedere Medical Center Carlisle, PA Dr. Frank Bryan Belvedere Medical Center Carlisle, PA Dr. Elliot Menkowitz 1603 E. High St. Pottstown, PA Dr. Robert L. Thompson 220 Wilson St. Carlisle, PA Dr. Gregory Lignelli Tri-County Neuro- surgery Assoc. Ltd. Dr. Robert C. Sergott Neuro-Ophthalmologic Assoc. P.C. Ninth & Walnut Sts. Wills Eye Hospital Phila., PA 19107 Dr. Spencer Richmond 1800 E. High St. Pittstown, PA 19464 DOCTORS 2/9/85 2/10/85 thru 2/28/85 July 1986 2/10/85, 9/17/85 3/15 thru 3/25/85 4/12/85 5/8/85 thru 5/18/85 5/16/85 5/24/85 6/21/85 9/23/85 1/6/86 6/21/86 2/10/85 11/13/86 11/27/85 660.00 200.00 3830.00 2111.00 60.00 45.00 300.00 -4- Dr. Wm. H. Annesley, Jr. 135 Lankenau Medical Building Phila., PA 19151 11/25/85 Dr. J.R. McTammany 429 E. Lancaster Ave. Shillington, PA 19607 Dr. Fritchley 1/15/86 2/11/85 Carlisle Radiology Pottstown X-ray Specialists Belvedere Medical Corp. Carlisle Physical Therapy Dept. River Rescue Keystone Artificial Limb Orthopedic Co. RELATED SERVICES 2/9 thru 3/7 3/12/85 12/16/86 3/14 thru 3/26/85 2/10 thru 2/28/85 2/26,27,28 3/1,4,5,7,11 VISITING NURSE, EQUIPMENT, AMBULANCES 2/8/85 3/6/85 Carlisle Community Ambulance Good Will Ambulance, Pottstown Mechanicsburg Community Services 3/13/85 3/26/85 4/3/85 Ches-Mont Mobile Medical Services, Inc. Professional Convalescent Products Ches-Mont Mobile Medical Services, Inc. Home Medical Center 3/26-4/26/85 3/29/85 5/1/85 1/7/86 3/28-4/28/85 4/28-5/23/85 4/25-6/25/85 7/5-8/4/85 8/5-9/4/85 Rite Aid Pharmacy 3/26 75.00 50.00 458.00 132.50 23.00 122.00 200.00 110.00 365.00 86.15 60.00 50.00 239.50 10.00 236.00 21.00 173.00 307.00 320.00 9.30 -5- Berks Visiting Nurse HHA Berks Visiting Nurse HHA Berks Visting Nurse HHA 3/26,29 4/1,5/3,6/3,5,7, 10,19,24,26 7/3,5,8,10,12,24, 26,29 8/2,5,7,14,21/85 1395.00 360.00 225.00 -6- 9. As a further result of this negligence the plaintiff has lost wages and income in the amount of $3000. and tuition in the amount of $824.00. 10. As a further result of this negligence the plaintiff has suffered a loss of earning capacity which may continue for the course of her entire working life expectancy. 11. As a further result of this negligence the plaintiff has had to endure the pain and suffering of a long and difficult hospitalization, multiple operations, confinement to her bed at home, a long period of convalescence and rehabilitation which continues up to the date of this complaint and which may continue through out her life time. 12. As a further result of this negligence the plaintiff has suffered serious and debilitating and painful, both physically and psychologically, residual cosmetic injuries to her left eye lid to the control structure of the pupil of her left eye and to her left foot which she must physically throw when she walks since the peroneal nerve has been damaged, all of which injuries cause her personal embarrassment, emotional distress and anguish which reactions affect her psychologically and traumatize her and render her life less pleasant and more burdensome in addition to the pain and suffering and employment difficulties averred above. 13. As a further result of this negligence the plaintiff has suffered a permanent injury to her left leg with a permanent dropped left foot and Horner's Snydrome and may need corrective surgery such as an ankle fusion in the future if further -7- deterioration occurs. COUNT II 14. The averments of paragraphs 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, and 13 above are incorporated by reference as if set out in full herein. 15. The negligence of the defendant, Christopher Leyon, consisted in the following: (a) inattention (b) failing to observe and avoid contact with the automobile operated by the defendant, William Peffer, at the time and place averred (c) operating his motor vehicle at too high a rate of speed for the conditions then obtaining (d) failing to take evasive action (e) failing to utilize the automobile's brakes properly (f) failing to maintain his physical person in proper condition to be able to operate an automobile safely at the time and place averred in the complaint; and (g) failing to control his vehicle properly at the time and place averred in the complaint. WHEREFORE, plaintiff demands judgment jointly and severally against the defendants and plaintiff claims damages from the defendants in amounts upon each count in excess of $10,000. amount claimed exceeds the jurisdictional amount requiring arbitration. The ( ........... "Attorney for- Pl~intif~ --8-- STATE OF PENNSYLVANIA :: SS COUNTY OF CUMBERLAND :: LORI ANN FERN, being duly sworn according to law, deposes and says that the facts set forth in the foregoing instrument are true and correct. SUBSCRIBED and sworn to before me this ~ day of ~. 198~. Notary P~d~i b ' ~ S",!?~ £Y P. CL£VESlgSR IN THE COURT OF CON~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 75 CIVIL 1987 LORI ANN FERN V. STEPHEN WILLIAM PEFFER, ET AL. MOTION FOR PRE-TRIAL RELIEF FRANCES H. DEL DUCA ATTORNEY AT LAW TEN WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 LORI ANN FERN STEPHEN WILLIAM PEFFER, EDWARD W. PEFFER and ELEARNOR S. PEFFER and CHRISTOPHER LEYON :: IN THE COURT OF COMMON PLEAS OF :: CUMBERLAND COUNTY, PENNSYLVANIA :: NO. 75 CIVIL 1987 :: MOTION FOR POST-TRIAL RELIEF AND NOW, to wit, this 28th day of September, 1989, comes Lori Ann Fern, the plaintiff above named, and by Frances H. Del Duca and Paul A. Lockrey, her attorneys, respectfully moves the court for post-trial relief, to wit, for Judgment N.O.V. or a new trial and in support of said motion files the following reasons: Verdict was improper and against the weight of the evidence and contrary to law in that defendant Peffer crossed the center line of the highway and into the path of the vehicle in which plaintiff was a passenger which is negligence per se. The evidence was clear that the violation occurred and defendant Peffer did not give an adequate explanation for doing so. Verdict was improper and against the weight of the evidence and law in that defendant Leyon was not wearing a corrective lens which is a violation of the Motor Vehicle Code and may have prevented or minimized the collision. Pleader will amplify when notes of testimony are transcribed. The portion of the record requested to be transcribed in order to enable the court to dispose of these notes are the testimony of Police Officer Shaffer, defendants Stephen Peffer and Christopher Leyon. ~/ At~t~Srney for Petltion~ $~P 5 I s~ ?t~ '8,o LORI ~NN FERN : V. STEPHEN WILLIAM PEFFER, : EDGAR W. PEFFER, : ELEANOR S. PEFFER and : CHRISTOPHER I~YON : IN THE COURT OF CO~V~DN PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 75 CIVIL 1987 NEW MA~TER Since the filing of the answer of the defendant, I~yon, the other defendants have settled with the plaintiff on a joint-tortfeasor release in a structured settlement with an annuity value of $200,000.00. The defendant, Leyon, pleads this release as an affirmative defense, in accordance with the Pre-trial Conference Order of August 30, 1989. Attorneys for Defend~t/~eyon ~NWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Christopher E. Leyon, being duly sworn according to law, deposes and says that the averments of the within New Matter are true and correct, to the best of signer's personal knowledge, or information and belief. Christoph-~r E. Le~6~/ Sworn to and subscribed before me this-~ day of : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : ' 75 CIVIL 1987 IN RE: TESTIMONY OF CORP. E. L. SHAFFER. Jr. TESTIMONY OF STEPHEN WILLIAM PEFFER TESTIMONY OF CHRISTOPHER EDWARD LEYON Partial proceedings of Jury trial held before the Honorable GEORGE E. HOFFER, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Monday, September 18, 1989, in Courtroom Number Three. APPEARANCES: PAUL LOCKREY, Esquire FRANCES H. DEL DUCA, Esquire For the Plaintiff DANIEL GALLAGHER, Esquire For the Defendant Peffer GEORGE F. DOUGLAS, Jr., Esquire For the Defendant Leyon 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 25 INDEX TO WITNESSES FOR THE PLAINTIFF CROSS Corp. E. L. Shaffer, Jr. By Mri Lockrey By Mr. Gallagher By Mr. Douglas 20 22 25 Stephen William Peffer (As on cross-examination) By Mr. Lockrey By Mr, Gallagher 27 48 Christopher Edward Leyon (As on cross-examination) By Mr. Lockrey By Mr. Douglas 49,54 53 FOR THE PLAINTIFF 2 - Photograph 3 - Photograph 4 - Photograph 5 - Photograph 6 - Photograph (Front view of Leyon vehicle) 7 - Photograph 18 (Right front corner of Leyon vehlcle) 8 - Photograph 18 (Left front corner of Leyon vehicle) 9 - Photograph 18 (Right front corner of Peffer vehicle) 10- Xerox copy of handwritten statement by Defendant Leyon 52 INDEX TO EXHIBITS 13 15 16 17 25 1 2 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 2~ 2~ 25 September 18, 1989 Carlisle, Pennsylvania Whereupon, CORP. EDWARD L. SHAFFER, JR. hovlng been duly sworn, testified os follows. DIRECT EXAMINATION BY MR. LOCKREY. Q A Q A Q organization? Would you tell us your nome, Officer? Corporol Edword L. Shoffer, Jr. Where do you reslde? Where do I reside? In Dillsburg. And you ore o pollce officer for whot A Q A Silver Spring Townshlp Police Department. And how long hove you been there, slr? 15 years. Q Could you tell the panel in general what your trainlng is and your education? A I have had extensive trainlng at the Pennsylvania State Pollce Academy in Hershey, whlch was part of the Act 120, whlch is a mandatory schooling for pollce officers, municipal pollce officers. I have had some other basic troining in accident investigation. As of this time, I am the juvenile offlcer for the department. 1 2 5 6 7 8 9 10 11 12 15 1t) 15 16 17 18 19 20 21 22 2~ 25 Q And in 1985, February of 1985, what was your post, or what was your position with the Police Department? A At that particular time, I was a patrolman for the Police Department. I was working the 10:00 p.m. to 6:00 a.m. shift, or night shift. Q A Q Do you remember this accident yourself? Yes, sir, I do. You have a personal recollection of it? A Yes, sir. Q And do you have this recollection aside from any reports or notes that you may have taken or made at that time? A Yes, sir. Q If I could ask you, what is the first thing you remember about it now? A About the accldent itself? Q About the accident. What ls the flrst thlng you remember? A I received the call shortly after 2'00 a.m. THE COURT: Perhaps ~e should have a date here. THE WITNESS: Okay. This was on February 9, 1985. I had recelved a call at 2.07 a.m. At this particular tlme I was sitting in the parking lot of the Konhaus Farms food market along State Route 641, whlch ls 1 £ 5 6 7 8 9 10 11 12 it) 15 16 17 18 19 20 21 22 25 25 now WTPA radio station, right by the Turnpike bridge. Q And you got this call from whom? A I received the call from the Cumberland County communications center, here in the courthouse. Q A Q And is that like a dispatching servlce? Yes, it is our dispatch. Do you recall what that call said to you -- the caller said to you? A The dispatcher, word for word I am not exactly sure anymore, advlsed me of an accident wlth injurles with posslble entrapment on State Route 6ql just west of Locust Point Road intersection. Q Now, Route 6ql, would that number -- a road by that number, would that have a name also? A Or Trlndle Road. Q Trindle Road? A Yes. How far away from that location were you when you got that call? A Approximately -- it was just about two mile. Q And What did you do? A At that tlme, I -- upon receiving the call, I proceeded to the accident. Q Do you remember arrlvlng at the scene of the accident? 5 1 5 7 8 9 10 11 12 15 16 17 18 19 20 21 22 2~ 2/4 25 A 0 A Yes, sir, I do, What time was it uhen you arrived? Due to the road conditions at that particular time, which were spots of ice and sno~ blowing across the road, I ~ould say maybe three to four minutes, something like that. I really did not travel at a great speed. Q All right. When you arrived, ~hat direction did you arrlve from? A I ~as traveling west. Q So you approached the road in the direction that Mr. Leyon, it uas eventually determined he had been driving? A That is correct. O When you came to the scene, do you have a recollection of what you sou? A Yes, sir. O What is your recollection? A At arrlval at the scene, I found an older Volkswagen squareback station wagon and a late model Chevrolet Camaro. At this particular point, both vehicles ~ere off on to the berm of the roadway in o hedgeroK, whlch ls located on the north side of the rooduoy. It ls in the front yard of -- I don't remember the address -- 1176 West Trindle Road. 1 2 5 6 7 8 9 10 11 12 13 15 16 17 18 lB 2O 21 22 23 25 Q Were there ony other vehicles present et the scene besides those two cors? A I believe thot there wes one, one or two emergency medlcol technicions thot come in thelr prlvote vehicles, come to the scene. Come to the scene. MR. LOCKREY: Your Honor, moy I osk the witness to drew whet he hes described? THE COURT: Certoinly. MR. LOCKREY: Thonk you. BY MR. LOCKREY: O Do you feel thot you could illustrote the scene es you sew it when you flrst come on the blockboord? A I will give it o try. Okoy. A (Wltness leoves the stond to go to the blockboord end witness drews diogrom on blockboord.) THE COURT: FronKly, offlcer, I con't see o thing. Are you folks hoving ony better luck? You con see -- you con see here on the end. THE JURY' THE COURT: thot is oll thet counts. BY MR, LOCKREY: O Yes. As long es you fol~s con see, Describe thet, pleose? 1 2 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 25 25 A Okay. Basicolly what we have here, that is the westbound lane on the -- excuse me, the eastbound lane of the Trindle Rood, toward Rechonicsburg. Westbound lone of the Trindle Rood coming this direction, toward Carlisle. Okay, this is 1176 West Trindle Rood, the house basically sits right in here. This is a small hedge that is just, I would soy, five to six foot off of the roadway. Now, in this particular stretch of roadway here, there ls not what we would know as a berm on the slde of the roadwaY. Basically on this slde of the road, the grass comes rlght out to the edge of the blacktop and now there is somewhat of a berm on this side, on the north side of the roadway, in front of the homes. There is three houses rlght along this stretch. (Indicating) Now, the area -- Q 6o ahead. I just think it might be a good idea if you tell the Jury which of the vehicles was which. A Okay. This vehicle here was coming east, this vehicle here had been coming westbound, okay. This is the Leyon car. Q A This is the Peffer vehicle. (Indicating) Is there anythlng else you need to draw? Well, what I was going to do is about the location of the -- Q Oh, okay, he wants to put the location of 8 1 2 5 6 7 8 9 10 11 12 it) 15 16 17 18 19 20 21 22 25 2~ 25 the sno~. A Basically somewhere ~est of this location is ~here the snou hod been blouing out on to the roadwaY. The oreo in through here, from ~here the sno~ hod blo~n out on to the rood~QY, there ~os o small -- some drift that taking place there from other vehicles that hod driven through, going either direction, hod token this powdery sno~ and blo~n it around on the roadwaY. And from the state coming out earlier and cindering and salting hod melted this. During this particular time, I don't kno~ exactly ~hot the temperature ~os at this particular time, but it hod dropped and ice ~os forming on the roadwaY. A Do you ~ont to go bock on the stand? (Witness resumes the stand.) Before you did your artistic ~ork, you ~ere describing the scene os you originally got there, the first time you got there. A Yes, sir. Q After you arrived and you sou the scene os you deplcted it, of course, ~hat dld you do ~hen -- after you got there? A Well, my initial obligation at that particular tlme was to assist the occupants of the vehicles in any way that ! could feoslbly do. I om not on emergency medlcol technician. It was molnly to help control bleeding 1 2 5 7 8 9 10 11 12 15 16 17 18 19 20 21 22 and -- Q Did you talk to the operators of the vehicles? A Yes, sir, I dld. I talked to Mr. Peffer at that tlme and Mr. Leyon. Basically about all Mr. Leyon could advise me is that he was traveling toward Carlisle, they were coming home from an outlng in Camp Hlll. Q Did he say thls to you? A He -- that ls what he advised me. I don't remember exactly what the outlng was. After hearing what you had told the jury, I guess that ls -- he sald they were out on a date at a movle, I don't know. But they were 23 25 out -- Q Pardon me. Do you have any recoilection of the conversation, if any, that you had with these gentlemen Mr. Peffer and Mr. Leyon at the scene? A Mr. Peffer advlsed me that he was on his way home from work at thls particular time. This was a Friday nlght, SaturdaY mornlng, so to speak. O Did he say anything else in regard to the accident, the manner in which it happened? A No more than as he came over the hill, he hit the 1ce and the snow and lost control of bls car. O How about Mr. Leyon, did Mr. Leyon describe 10 1 2 5 6 7 8 g 10 11 12 15 16 17 18 lB 20 21 22 25 to you how the accident happened? A I had talked to Mr. Leyon at the hospital, And he had no idea of anything, Q Did you subsequently assist in taking photographs of the scene? A Yes, sir, I did. MR. LOCKREY' Your Honor, I would like to have these photographs explained by the police officer who was present at the time. May I show these to the witness, your Honor? THE COURT: Yes. BY MR. LOCKREY: Q Here is a group of photos that I will first ask you some questions about. You can just take them -- these are duplicates -- for your convenience, they are marked with a number on the back. They start with 2, 3, q and 5. It is funny writing, but it is a 2. Do you want to look at the first one and then I will ask you a couple questions about it? A Okay. Q That is number 2. A Q Yes, Do you recognize the subject matter that is shown in the photo? A Yes, sir, I do. 11 1 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 25 2~ 25 taken? Q A Q Is that you standing down the road there? Yes, sir, it is. Were you present when these photos were A Q Yes, sir. Did you make those measurements and supply the information? A Yes. Q Now, we know that the scene was different when you -- at the tlme you were describing lt. It was wlnter and it was a nighttime scene when you approached lt. Taking that 1nra consideration, is that picture that you are looklng at now, is that a picture of the scene where the accident happened? A Yes, sir. Q Can you determine on that picture where the contact took place between the two vehicles? A The polnt of impact was in the westbound lane of -- Q Do you know that in any way except from what the participants said to you? A No, there was -- there are gouge marks in the roadway. Q What -- how would you describe that gouge mark or those gouge marks? 12 1 2 5 6 7 8 9 10 11 12 15 14 15 16 17 18 lB 20 A Okay, gouge marks are from the point of impact from the transfer of weight. Q Something scraping the road? A Scrapings in the roadway from the frame of the vehicle. Q Does such a thing show on that roadway in that picture you are looking at, number 2? A Well, there is an arrow marked here, but there was a light gouge mark that had remained in the roadway. Q And are you reasonably certaln that that was from that accident? A Yes, sir, I am. Q And what do you base that reasonable 21 22 24 25 certainty on? A From after clearing the debris away the nlght of the accident ltseif, checking for gouge marks to actually see where the point of impact took place, and skld mark measurements from where the vehicle's flnal resting piace was, it was determined that that Mos the gouge mark left by one of the vehicles. You were satisfied with that? Q A Yes, sir, I was. Q And in that picture, the distances from that gouge mark to other bench marks, you were satisfied wlth 13 1 2 q 5 6 7 8 9 10 11 12 iq 15 16 17 18 19 20 21 22 those measurements? A Yes, sir. Q Is -- I see in that picture there is what appears to me to be a hedge near that white house? A Yes, sir. Q Is that the hedge you are referring to on the drawing? A Q Yes, sir. So that scene amplifies the drawing, does it not? A Q Yes, sir. How about number 3, that would be the next one? A Q Okay. Do you recognize the subject matter in that 25 picture? A Yes, sir. When this picture was taken, the remaining part of thls hedge had already been removed that hod not been destroyed, okay. And they removed it and there was an open oreo. Q Where the hedge had been? A Q Had been, yes. Now, those measurement 11nas on that number picture -- A Yes, sir. lq 1 2 5 6 7 8 9 10 11 12 iN 15 16 17 18 lB 20 21 22 23 25 Q -- what do they represent? A Basically a triangulation. Q From what to what? A From the gouge mark in the roadway to final resting place of the left side of -- Q Of the vehicles? A 'The Peffer vehicle -- yeah, Peffer vehicle. And the front end of the Leyon vehicle. Q Do you have some kind of llke a llttle cat food can or some kind of a 11ttle can or something in the road? A Q A Q A Q Yes, sir. I take it that that is a marker -- The marker on the road. What does it mark? That is the gouge. The gouge is under the con? point, A Yes. Q Okay. The can is only like a reference I take it. It isn't -- A That is not there permanently. That is just a reference point. Q How about the next picture, which would be 47 It appears to me to be Just a closer up or close up view of the same scene. Is that right? 15 1 2 4 5 6 7 8 9 10 11 12 lq 15 16 A This is more at a straight on angle from the scene itself. Q And number 5? A Number 5 is a shot straight across, just about straight across the roadway, from one slde to the 17 18 19 20 21 22 other. Q No~, in number 3, number 3 sho~s -- if you look to the left of number 3, do you not see the roadway that the Camaro, Mr. Pellet's car, ~ould be coming do~n? A Yes,'sir. Q And there has been references to hllls. Is that -- is the rise in the road that is sho~n in those photos, is that the ~ay the road looks? A Yes, slr. Q And that is the nature of the rise that ~e are. referring to as hllls? A Yes, sir. It is a grade -- Q It is a grade do~n? 25 A A Q A Q NO. Do you kno~ the gradient? No, I do not. Degree of descent? No, I do not. I ~ould like to just sho~ you these photos. Do you recognize the subject matter in those photos? 16 1 2 4 5 6 7 8 10 12 14 15 16 Officer? A Yes, sir, I do. THE COURT: Does this have a number, MR. LOCKREY' They are not numbered, your 17 18 19 20 21 22 23 24 25 Honor. THE WITNESS: No. THE COURT: Well, let's get them numbered. (Whereupon, Plaintiff Exhibit Nos. 6,7,8,9 were marked for identification.) BY MR. LOCKREY: Q The photos are numbers 6, 7, 8 and 9. Do you recognize the subject matter in 6, 7, 8 and 9? A Yes, sir. Q Start with 6, what do they show? A Thls lsa front view of the Leyon vehicle after it had been removed and towed to the garage. It looks rather damaged. Q A Yes, sir. Q Now, when you were at the scene, did you have a chance to look at that vehicle? A Yes, slr. Q Is that what the damage looked like when you saw it at the scene? A To the best of my recollection, yes. 17 1 2 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 25 24 25 Q A corner view. Q A Q A How about the other pictures? 7 and 8 ore -- number 7 is o right front And number 8 is oieft front corner view, Of what vehicIe? Of the Leyon vehicie. How about the iost one? The iost one is o right front corner view of the Peffer Camaro. Q And I would like to ask you o slmilor question about the damage on that, is that the way the car looked on the night you sow it there on the highway, the damage? A To the best of my recollection, yes. Q Were you able to determine where the Peffer vehlcle crossed the center 11ne? You made a determination of this traveling in a certaln direction and you had it ended up in the other lane. Were you able to make a determination at what polnt it crossed the center line, the double white line? A No, sir. Q You didn't have enough information for that? A No. Due to the circumstances there whlle we were there, the Department of Transportation arrived and cindered and salted. Q Too much activity? 18 1 2 5 7 8 9 10 11 12 15 15 16 17 18 lB A Yes. Q Did -- in the course of your conversation with Mr. Pellet, did Mr. peffer indicate at what point that his car crossed the center 11ne? A No, not that I can remember. Q Was there any indication of what speed that Mr. Pellet's vehicle was traveling at the time of impact from Mr. peffer? A No. As I had stated before, he really did not have much of a recollection of what had happened. Q I suppose you would say the same thing with regard to Mr. Leyon when you interviewed him, he had no recollection of the accident? A He had no idea of anything. Q So we have no idea what speed he was 20 21 22 traveling then? A No, sir. Q How -- did you determine a polnt of contact, and would that be at the gouge mark -- A Yes, sir. Q -- between the vehicles? A Yes, sir. MR. LOCKREY' Thank you very much. That is oll I would ask you at this time. 25 19 5 7 8 9 10 11 12 it) 15 16 17 18 19 2O 21 22 2~ 25 CROSS-EXAMINATION BY MR. GALLAGHER' Q Officer, am I correct that you had traveled the same way that Mr. Peffer had approximately two minutes before the accldent had occurred? A Roughly, yes. Roughly around that time. Q And it was at that time that you had come over the same rise that Mr. peffer eventually did that evening, am I right? A Yes, sir. Q And at that time, when you came over the rise, how far was it before you noticed that there was snow? A I crested the rise and started downgrade. As soon as my vehicle dropped downhill, the headlights showed on the road that there was snow being blowed across from the north to south direction, and it was at the beginning of the level portion of the roadwaY. Q And did this cross the entire road, this area of snow? A No. The snow came out on to the westbound lanes approximately three to four feet. Q And as you were traveling along there, what did you do then? A I then radioed our dispatch and requested 20 1 2 5 6 7 lO 12 15 16 17 18 19 20 21 22 2~ that they make contact with the Department of Transportation for them to respond out for piowing and cindering at this Iocation, Q As you were traveling along before you started to go down the hill, was there any indication to you that there was going to be snow on the other side? A No, sir. Q And you had been traveling for o mile or a mile and o half on Route 641 before that, om I correct? A Yes, sir. Q And I believe also you had mentioned that there was an icy condition under that snow? A Yes. At the drifting section and on oreo on either side and across the roadway where other vehicles hod gone through and blowed the powdery snow around. Q And am I correct that this area we are talking about was localized to one of the fields there that the snow seemed to be coming off of? A Yes, sir. Q And am I correct that ~hen you received that call from dispatch, you had a pretty good idea where that accident was? A Yes, sir. 24 25 Q And you called PennDOT because that you felt it was an unsafe condition, of the fact am I right? 21 1 2 5 6 7 8 9 10 11 12 15 16 17 18 19 A That is correct. Q And was part of your reason that it was an unsafe condition that a person didn't have anY warning before when they were coming up to the hill? A No. Because traveling east you come over that grade and you drop downhii1. Prior to this there was no, to the best of mY recollection, there was no signs of snow drifting. From the area that I entered on to 6~i untll I got to this location, there was no other area that was drifted. Q Q where it was that he crossed the center line? A No, sir, ! don't. MR. 6ALLAGHER: Thank you, slr. So it had been clear up until that time? Yes, sir. Offlcer, do you recall asklng Mr. Peffer That is ail 20 21 22 25 have. CROSS-EXAMINATION BY MR. DOUGLAS: Q In ali your testimony, sir, you were driving eastbound towards Mechanicsburg? A Correct, O The snow was blowing from your left over to your right? A Correct. 22 5 6 7 8 10 11 12 14 Q And when you say you saw the snow three to four feet out in the westbound lane, that was the opposite lane from where you were driving? A Q A Q Correct. In other words, it was more beside you? Yes, to my left. Your left. It was in what turned out to be Mr. Leyon's lane? A Yes. Q And not Mr. peffer's lone? A NO, MR. DOUGLAS' Thank you, sir. That is all I 15 16 17 18 19 20 21 22 25 25 have. MR. LOCKREY: May I redirect? THE COURT: Yes. REDIRECT EXAMINATION BY MR. LOCKREY' Q I recall that when I first was questioning you about where you were, you said you were in the Konhous Farms parking lot. A correct. Q You got a call from your dispatcher. Do yOU recall that? A Yes, sir. 25 1 2 5 6 7 8 9 10 11 12 15 15 16 17 18 19 20 21 22 25 2~ 25 Q And then I asked you how long it took you to get to the scene of the accident? A Yes, sir. Q And I recall you saying that it -- you could have gotten there faster, but for some reason that night, you said you did not get there faster. Why did you make that -- A Okay. As I -- prior to coming to this location, traveling east, I did not encounter any snow or 1ce on the roadway. After I passed this location and continued towards Rechanlcsburg eastbound on Trlndle Road, I encountered more. And the closer I got to the Konhaus store, I can remember there was one particular spot on the roadway that it had blowed across and it had over half of the roadway closed. An open field where it was blowing across the roadway. Q When -- the night you arrived there, when you came over the rise, you recall you were asked several questions by counsel in regard to what you could you see. Did you have any trouble in that area controlling your car? A At thls particular time, I, to the best of my recollection, I was not traveling at any excessive speed because of knowing that we did hove snow one or two days prior and that there posslbly was lcy conditions. 24 1 2 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 25 2~ 25 Q But I take it your answer is you had no trouble controlling your car in that area when you came over the rise and down to the scene? A No. MR. LOCKREY: That is all I have. Thank YOU. RECROSS-EXAMINATION BY MR. 6ALLAGHER Q Officer, was there any snow or ice on the side of the road that you were traveling on going towards Mechanicsburg? A Where at, sir? I apologize. As you came over the hill on Route 6ql, prlor to the accident. A Prior to the accident, no, I dld not encounter any snow or ice. Or I should say prior to this location. Q Prior to that location. However, once you came over the h111 -- A Yes, sir. Q Did you encounter snow and ice on the right side of the road? A Well, to my left. Q Was it all on the right-hand side of the 25 1 2 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 2~ 2~ 25 A Q A road? A In my lane, no, there Nas no snoN. But like as I had stated, there had been ice that had formed on the blacktop surface. Q And Nas that ice on your side of the road, the right-hand slde of the road? A Yes, sir, yes, sir. Q And so as you came over the hill, there Nas 1ce in your lane of travel? A That is correct. Q Would I be correct, you have a lot of experience driving in snoN? Yes. You don't get the day off if it snoNs? NO. MR. GALLAGHER: MR. DOUGLAS: THE COURT: excuse this gentleman? MR. LOCKREY: MR. DOUGLAS: MR. 6ALLAGHER: Okay. Thank you, sir. No questions. Thank you, sir. Do you Nant to Yes, sir. No objection. No obJection, your Honor. THE COURT: All right. Thank you, Officer. You may be excused if you Nould like. (Whereupon, the testimony of Corporal EdNard 26 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 L. Shaffer, Jr., was concluded.) Whereupon, STEPHEN WILLIAM PEFFER colled os of cross-exominotion, hovlng been duly sworn, testified os follows: MR. LOCKREY: Your Honor, moy I osk if I con opprooch the witness becouse he hos o heoring impediment ond he hos to see my lips? THE COURT: MR. LOCKREY: THE COURT: MR. LOCKREY: All right. Thonk you. Keep your voice up, sir. Yes, sir. BY MR. LOCKREY: O A A Q A O occident? A EXAMINATION Con you understond me, Mr. Peffer, my voice? Uh-huh. Whot is your nome? My nome is Stephen Williom Pellet. Where do you 11ve? 5 Thurmont Court, Mechonicsburg. Where did you live ot the time of this 109 Eost Keller Street. 27 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 2~ 2~ 25 THE COURT: Perhaps Ne can pull this over little bit, right where it is comfortable. THE WITNESS: Thank you. BY MR. LOCKREY: Q A Q Do you remember the accident, Mr. Peffer? Yeah, I do. At that -- at that tlme, what was your employment, if you had one? A I did. I was working at McCoy Electronics in Mount Holly Springs. What did you do there? I was a Q.A. tech, Quality Assurance A Technician. A Engineering. A Q What is your general educational background? I have an Associate's degree in Electronics Do you recall the day of the accident? Yes, I do. The day preceding the accident, was that a workday for you? A Can you repeat the question? Q Okay. Was the day preceding the accident -- the accident happened in the middle of the nlght -- was the day preceding that accident, ,as that a workday for you? A Yes. 28 1 2 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 2~ 25 A A And at McCoy? Yes. When did you go to work that day? 7 in the morning. So actually ! got up at Q A Q A Q Q A Q general. A around about 6 o'clock. 6. And then your reporting time Mos 7? Right. And you worked oll day at your job? Yes. I worked o day job, yes. When did you cease work, stop working? ~:~0. What did you do ofter that? Just in Went to ploy pool with my one friend. Then went bock to his place. O What was the time frame you are talking about? How iong did you pIoy pooi and so forth? A We were there from about q in the afternoon until about 5:30, 6. Then we went bock to his pioce. Q Where was that? A It is in Carlisle. Right by W-lO0 radio. believe the M.J. Moll is directly across from that. O Were you o single person at the time, you weren't married? 29 1 2 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 25 25 A I was single. Q And your friend, your friend was married? A Yes, Q What did you do back his way, eat supper? A Yeah, he invited me back for dinner, Q All right. What did you do after that? A Well, then we sat down and talked for a little blt and watched the basketball game. Then we -- after the basketball game was over, we went to shoot more pool. Q What time did you leave the house with your frlends to go shoot pool? A I would say approximately about between 9:30 and 10:30. Q Now, the accident -- do you agree the accident happened sometime in the early morning of the 9th? A Yes. Q Would you say 2 o'clock or so? A Yes. Is that your recollection? A Yes. Between 9:30 and the time of the accident, were you playing pool all that time? A Uh-huh. Q I guess there must have come a time when you 3O 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 25 2~ 25 decided to stop playing pool. Did that occur? A That is correct, yes. Q Do you recoil deciding not to go on with your pool playing at some point? A What is that? O Did you decide to cease playing pool and do something else? A Yes. What time was that? A It was approximately about between 1 and 1:30 in the morning. Q You left the pool place? A Yes. And where did you go after that? A I went back to my friend's place. Dld you drop him off? A Yes. And what time did you get back there? A Well, it was about a two, three minute drive. So it wasn't that far to go. Q And then eventually I guess you left there to go home, I take it? A Yeah, I talked to him for about five, ten minutes, and then I left to go home. Q And home was where, Mechanicsburg? 31 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 25 A Right. Q And how would you go from your friend's house to Mechonlcsburg? A Okay, ! don't know the name of the roads. can give you, you know, about the direction ! went. ! went on the same road W-lO0 radlo is on, went straight on that, where the car dealer is, and then you have W-lO0. Then there is a gas station on the right, ! think a truck stop or something on that road. And ! went approximately about, I would say, about one or two miles from my frlend's place, and I took a left turn from there. And I think there is a house built by there now. I can't think of the name of the houses they are building out there. But like a back road. And that back road took me on to 641. O That is Trlndle Road? A Yes. Had you traveled this course that you are describing to us, had you traveled that way before? A Yeah, I was fomlliar wlth the road. Q And you had traveled on Trindle Road before? A Yes. Q So you were going through the, like a shortcut through the bock country, to get out on Trindle Rood to go to Mechanicsburg? 1 2 5 6 Z 8 9 10 11 12 15 16 17 18 19 20 21 22 23 2~ 25 was it. A Yeah. It made it a half mile longer, that O Was there snow in the fields? Was there snow in the fields that you were traveling through? A As far as ! can remember, yes. Q Well, you don't have any doubt that there was snow in the flelds, do you? A Well, it has been so long ago I don't remember that part of it. ! would guess there was since there was snow blowing out. Q Now, you got out on Trindle Road. you get out on Trindle Road? A Okay, close to Stlck's Potato Chips. .don't know the name of the road. Q How far is that point where you got out on Trindle Road, how far is that intersection to the scene where the accident happened? A five miles. A picture of your car? A Yes, it is. Q That is Exhibit 9. Where did I would say approximately between three to Now, what kind of a car were you driving? A '79 Camaro. We have -- it is all beat up, but is that a Is that the color of it, 1 2 q 5 6 7 8 9 10 11 12 15 15 16 17 18 19 20 21 22 23 25 sort of a brownish? A O A Q A A Q A Q A O A Q A O A Yep, Do you own the car? Yes. Wos thot cot in good condition? Excellent condition. It was inspected? Yeoh, it wos inspected. Everything worked? Yep. The brokes worked? Yes. Any trouble with the brokes? No problems pt o11. Okoy. How much horsepower is on the Comoro? Pordon me? How much horsepower is on thor Comoro? It hod -- MR. GALLAGHER: Objection. THE COURT: Pordon me? MR. GALLAGHER: I objected, your Honor, os to the relevonce of the horsepower on the cot. THE COURT: Whot ls the relevonce? MR. LOCKREY: I think it is relevont in showing the type of cor thot he wos ridlng in ond its 1 2 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 25 capabilities. BY MR. LOCKREY: Q A Q THE COURT: Oh, all right. Go ahead. Do you know the horsepower of the car? Yeah, 250 horsepower. Was there any other traffic on the highways that YOU were describing to the jury YOU were traveling on that night? ~ere you passing other cars or other cars passing you? z can't recall. How about after you got out on Trindle Road, was there traffic on Trindle Road in the same direction you are going, opposite direction, do you have any recollection? A This way ! was golng, I didn't see no cars in front of me. And I didn't see any cars coming the other way, Q Late at night and there was no traffic, I take lt, just you? A Yes. Q How would you describe Trindle Road to somebody that didn't know it? ~hat does it look like? A It pretty much is a straightaway. A lot of like little hills. 35 1 2 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 25 for? Q A Q A A Q A Q Is it o blacktop road? Yes, blacktop. 6at double yellow lines down the center? Now, yes. Except maybe at intersections? Yes. Con you see the yellow lines? Uh-huh. You know what yellow lines ore on the road A Yes. What did they mean to you at that time? A Double yellow line meant that ! was not to -- soy there was another car in front of me, ! was not to pass that car. No passing zone. license? Were you o licensed driver at that time? Yes, I was. Did you hove any restrictions on your A Q A Yes, I did. What restrictions, if any, did you have? Okay, I hod to wear eyeglasses or contact lenses, and ! have to wear an aid, a hearing aid. Q That is why ! am standing up here, because you have difficulty hearing2 36 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 25 A O life, have you not? A Right. I was born that way. Q And I take it you had your hearlng eld on, you were wearing your glasses? A Right. Is that fair? A Yes. Now, at some polnt an accident happened. Do you recall the accident happening? A Yes, I do. Where did the accident happen? A Okay, it happened on Trindle Road, fairly close to Locust Point, okay. Rlght by a farm. There was a field nearby too. Q Tell me what happened? A Okay, I was, like I said, coming down Trindle Road, and I came over a 11ttle h111. And when I came over that little hi11, I seen snow blowing. And there was ice on the road, okay. Q Could you see that? A I didn't really visualize it. I could see the snow blowing, okay. But right when I came over, I seen all the snow was blowing, you know, immediately. Correct, And you have had those difficulties all your 57 1 2 5 6 7 8 9 10 11 12 13 10, 15 16 17 18 19 20 21 22 23 20, 25 Q So what did you do, put your brakes on? A Okay. Well, what happened with the car started sliding, it started skiddlng on me a 11ttle bit. So I started pumping my brakes. And when I did that, the more I did that, the more my car turned to the side, not the slde, but facing oncoming traffic. Q Did the car start to turn and slide before you put your brakes on? A Repeat the question. Q You say the car started to slide and turn. Dld the car start to s11de and turn before you put the brakes on? A No, I put the brakes on, you know, llghtly at flrst, because I seen -- You saw the snow in front of you? A Right. So I -- so I just hit it lightly, And that is when the car started to slide and turn, did it not? A Right, rlght. Q And then faced with that situation, with the car sliding and turning, you started to use the brakes to try to stop, did you not? A Correct. Q And then eventually you Jammed the brakes on, did you not? 38 1 2 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 25 2~ 25 A Right. When I seen that the -- after I pumped the brakes and seeing that, you know, I was going into the other lane with oncoming traffic coming towards me, I had to quick jam on the brake because I seen the other car approaching me very quickly. Q Now, when you were putting the brakes on, did you do anything with the steering wheel? A I can't recoil. Q Did you turn into your skid? Do you know that phrase I am using? A Yeah. Q Did you turn into your skid? A I can't recall what I mlght hove done. Q Did you turn the other way? You don't recall that either. You don't recall what, if anything, you did, you -- A It happened so quick that I can't recall. Q How fast were you going when you first touched the brakes, do you know? A I don't know. Q Do you know how fast you were going at lmpoct? think? A NO. Were you almost stopped at impact, do you 39 1 2 5 6 7 8 9 10 11 12 iF 15 16 17 18 19 20 21 22 2F 2~ 25 car? A I don't think so. Do you remember the impact with the other A Yes, I do. Q Now, back up a little. You came over the rise, you saw some blowing snow in front of you. You became aware of that situation, you say -- dld you at that point see the other car? A When I came over the hi117 Q Yeah. A Yeah, back in the distance a little blt. So when you came over the rise and you saw thls snow condition, you also saw the other car? A Right. Q Is that what you are telling us? ahead of you? A Q windshield, ahead. A Q A A originally. And it was What do you mean ahead of you? Well, it was in your eyesight out the Yeah, right. Did you know which lane it was in? Yes, I did. Which lane were you aware it was in? It was in the opposlte lane I was in 40 1 2 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 25 Q A Q A Q And you Knew that as you came over the rise? Right. How far away was that other car? ! don't know. I can't estimate. Well, are there any landmarks along that road that you could pick out to make a reference point, such as the house, the hedge, thlngs like that. (Wltness shook head negatively.) You don't know how far ahead of you the A Q other car was? A Q NO. You don't know the lnterval between the two cars at the time you came across the rise? A You mean how long it took him -- Q No, I could say it in terms of time, but I am saylng it in terms of distance at thls polnt. Do you know the dlstance that separated the front of your car from the front of the other car, Mr. Leyon's car, when you came over the rise and saw the car for the first time? A I don't -- ! don't know. Q How about these pictures, do they -- thls is marked your Honor? MR. LOCKREY' May ! show it to the witness, THE COURT' Yes. 41 1 2 5 6 7 8 9 10 11 12 15 15 16 17 18 19 20 21 22 2F 2q 25 BY MR. LOCKREY: Q the picture? A Q A Q Do you recognize the scene that is shown in Uh-huh. Do you recognize that as Trindle Road? (Witness nodded affirmatively.) Is the rlse that shows on the left side of that picture, is that the rise you came over before the -- A Yes, it ls. Q Could you by looking at that picture tell us when you were at the rise, where Mr. Leyon's car was on that other lane by using any of the reference points that show in that plcture? A When I came over the rise, his car was further back than what this picture shows. It was further back than the focal length of So do you recognize that white house on the plcture. the -- A Q whlte house? A Q I know where it is at, yeah. So Mr. Leyon's car had not yet reached the Whose car? Mr. Leyon's car had not reached the white house when you came over the rise, is that what you are te111ng us? 42 1 2 5 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 25 A Right. Q And where in relationship to the rise did you start to sllde? Right at the rise? A I can't really recall. All ! can remember is seeing the snow blowing across the road and -- Q All of a sudden? A I can make an estimated guess, but ! don't -- I mean it would be a guess as to what it might be. Q What is your guess? THE COURT: Well -z MR. 6ALLA6HER: ObJection. Objection, your Honor. with that, sir. BY MR. LOCKREY: THE COURT: We are going to have a problem We can't guess in testimony. Let me put it in terms of time. How much time passed between the time you came over the rise and the time the cars collided? A How much tlme? Q How much time passed? A I don't know. Q You don't know. Was it just an instant? A It wasn't an instant. I mean I can remember I was starting to slide and then I pumped my brakes and, you know, I seen thls other car. And the whole time my car 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 was slidlng over in to the other lane. Meanwhile, this other car was coming straight on his slde at me. And then we hit. Q Was the interval, the interval of time that took you to explain that with your hands up, was it that amount of time? A Oh, ! don't know. O You don't know. You don't have any active way of saying that, I take it? A No. O Did you have the other car, the VW car, Leyon's car, did you hove that car in your line of sight for the whole time after you first sow it to the impact took place? A Q A Q No, Or did you look someplace else? From the time the impact took place? Yeah, between the time you first sow it and the time the impact took place? A I sow it that whole time, but right et impact I was knocked unconscious. Q your sight? A Q But up to lmpoct, you hod Mr. Leyon's car in Correct. And you were watching it? 1 2 5 6 7 8 9 10 11 12 15 15 16 17 18 19 20 21 22 25 2~ 25 A Right. Q Did you see Mr. Leyon's car maneuver in any way, that ls go off on the berm or go across the center line, the other direction, to try to get out of your way? A Not that I can recall. Q Do you recall what you were able -- or what you saw just before the cars collided? A Could you repeat that, please? Q Do you recall what you saw just before the cars collided, your last scene of the -- conscious scene? A Let me think about this a little bit. The only thing I can remember, you know, like I said, when we hit, it was like instantaneous, I was knocked out. I didn't really visualize the impact, you know, when my car got hit. Q You don't have a last scene like just before impact? A Right. Q Do you recall the positlon that your car was in just before impact? A Yeah, the passenger slde was facing the -- Q Oncoming car? A The front end of the other car. Q Do you recoil whether the other car, Mr. Leyon's car, was in the other lane than the one you had 45 1 2 5 6 7 8 9 10 11 12 15 16 17 18 19 20 21 22 2F 2~ 25 been traveling in originally? A Yeah, he was in the other lane. Q He was stlll in the lane? A You mean before lmpact? Q Yeah, just before impact. A As far as I can recall, yeah, Q The impact didn't take place on the berm, take lt, did it? A No, Q You know the way the police use that term, like they use it like shoulder. Are you aware of that? A Yeah. Q It didn't take place on the shoulder of the road? A NO. O It didn't take place in the hedge, did it? A (Wltness shook head negatively.) Q It took place on the highway in the lane going in the other direction than you had been originally traveling, is that your testimony? A Correct. Q Do you know where your -- of your own recoiiection, do you know where your car ended up, ended up in the sense that it came to rest that evening after impact? 46 1 2 5 6 7 8 9 10 11 12 15 15 16 17 18 19 20 21 22 2~ 2~ 25 A No. All I can remember is, you know, I climbed out and I didn't realize where I was at. Q Do you remember getting out of the car? A Yeah. Q How did you get out of the car? A Well, I couldn't get out of the driver's side because it was all jammed. So I climbed out the window. Q A the passenger side because it was all smashed in. Q So you got out of the car on the driver's side. And what dld you do, walk around the car? A Chris was in. Q other car? A Q over to it? A Q A Q A Of the driver's side? Yeah, because I seen I couldn't get out of Well, I went over to the other car, which When you walked over to it, where was that But you remember walking I can't recall. You don't recall. Right. Did you see Miss Fern in the car? I dldn't see her. Dld you see Mr. Leyon in the car? He wasn't in the car. He came over to see 47 1 2 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 25 25 how I was. I told him I was all right. And I asked hlm how he was. And he didn't give me an answer. I don't know if he fainted or what might have happened, because I could see that he was bleeding pretty bad. Q Did Mr. Leyon say anything in regard to how the accident happened at the scene to you? A They were the last words that were said. HR. LOCKREY: THE WITNESS: MR. 6ALLA6HER: Thank you very much. You are welcome. Your Honor, if I may. EXAMINATION BY MR. 6ALLA6HER. Q Mr. Peffer, while you were traveling on Route 641 that nlght, did you encounter any snow or 1ce on the road before the scene of the accident? A No, I dldn't. Q Before you encountered that hlll, did you you have any wornlng that there was a sllppery condition on the other side of the hi117 A the hill? A was going. NO. How fast were you going before you got to I would say -- ! really don't know what I wasn't going at such a speed -- I can 48 1 2 5 7 8 9 10 11 12 15 14 15 16 17 18 19 20 21 22 23 25 remember, you know, further back I was going the speed limit. Q A Q And what is the speed limit in that area? 45 miles per hour. From the time that you recall going the speed limit, dld your speed change up until the time that you got to the hill? A Not that I know of. I mean I can't -- MR. GALLAGHER: Thank you. That is all I have, MR. DOUGLAS: MR. LOCKREY: THE COURT: THE WITNESS: No auestions. That is ail, sir. You may step down. Thank you. Whereupon, CHRISTOPHER EDWARD LEYON called as of cross-examination, having been duly sworn, testified as follows: EXAMINATION BY MR. LOCKREY: A Q A Tell us your name, please? My name is Christopher Edward Leyon. Where do you 11ve, Mr. Leyon? q04 South West Street, Carlisle. 49 1 2 5 6 7 8 9 10 11 12 lq 15 16 17 18 19 20 21 22 2q 25 Q What is your general educational background? A I have a Bachelor of Science degree in Computer Science. Q Do you agree you were a student at Dickinson at the time of the accident? A Yes. Q Do you accept what Lori testified to as far as what you were dolng that nlght in the general way of golng to the movies and so forth? A Yes. Q Is that the purpose you were on the highway, going to a Camp Hlll movie? A Q A Q A Q A Q A Q A Q A Yes. Was it a midnight show? I believe so. And do you recall being at the movies2 No, I do not. Do you recall the accident? No, slr, I do not. Do you recall anythlng after the accident? Not untll I found myself ina hospltal bed. Do you wear glasses? Contact lenses, Do you wear corrective lenses? Yes. 5O 1 2 5 7 8 9 10 11 12 15 16 17 18 19 20 21 22 2~ 25 Q Q A Q A A life? Are they for both eyes? No, just for one. Which one? My rlght eye. Do you have it in now? No, it is not. Q Did you have a correction at the tlme of the accident in '857 A Could you be more specific, please? Q Did you require correction at the tlme of the accldent in 19857 Yes. Is that something you have had most of your A Yes, I would say so. Q Do you have a restriction on your license in regard to that lens? A Yes. Q What is it, that you must ~ear corrective lenses? A Yes. Q Did you have your corrective lenses on at the tlme of thls accident? A I couldn't say for certain. Q Do you remember glving a statement to an 51 1 2 5 6 7 8 9 10 11 12 it) 15 16 17 18 19 20 21 22 25 2~ 25 investigator, representatives of your own insurance, in the past, after this accident took place? A Yes, I have glven several statements. MR. LOCKREY: 6entlemen, I am going -- Your Honor, I suppose ~e had better mark thls. (Whereupon, Plaintiff Exhibit No. 10 ~as marked for identification.) BY MR. LOCKREY: Q Mr. Leyon, I hove a copy of a hand,ritten document here that is marked Exhlbit 10. Do you ,ant to toke a look at that? It has the nome Christopher Leyon at the bottom of lt. It is o facsimile by Xerox copy of an orlginal statement. Dld you ever see that before? A Yes, I have seen that before. Q Does that look like your signature at the bottom? A Yes, it is. Q Do you see in the copy up there at the top, after the first t~o or three lines, a statement by you, evidently over your signature, that you did not hove your contact lens in on the night of the accident? A It soys that here. Q Do you kno~ uhen that statement ~as taken? 52 1 2 5 7 8 9 10 11 12 15 16 17 18 19 20 21 22 25 2~ 25 yOU, A Well, it has a date at the top of 2/18/85. MR. LOCKREY: That is all I have. Thank EXAMINATION BY MR. DOUGLAS: A What injuries did you have in this accident? I hod a broken right ankle, o concussion -- I om sorry, I should confine this. Did you have any injury that would affect your memory? A Yes. I had a blow to the head and a concussion. Were you in the hospital for a period of time? A Q A Q Yes, I was. Do you remember being at the movie? No, I do not. Are there other events of that evenlng that you do not remember? A Yes, there are. Q And you already told us you don't remember the accident at all? A That is correct. Q And can you say for sure whether you did or did not have your contact in at the time of this 2 a.m. 53 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 25 25 accldent on February 9, '857 A No, I could not say for sure. MR. DOUGLAS: No further questions. MR. GALLAGHER: No questions. THE COURT: Do you have anything? MR. GALLAGHER: Nothlng further, your Honor. MR. LOCKREY: May I redirect? FURTHER EXAMINATION BY MR. LOCKREY: Q You say you can't remember. Is that because now you have a certain amount of amnesla about the accident? A Yes, that is true. Q Is your memory gettlng better now? A In the years. Q As tlme goes on. A In the years since thls occurred, I have not remembered any addltlonai detalis. MR. LOCKREY: Thank you very much. That ls aiI I have, your Honor. THE COURT: You may step down. (Whereupon, the testimony of Christopher Edward Leyon was conciuded.) CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Marie T. Farley Official Reporter~J The foregoing record of the proceedings upon the above cause is hereby approved and directed to be filed. 1989 ~e ~.YHoffe~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY-PENNSYLVANIi FILE NO. 75 CIVIL 1987 CIVIL ACTION LORI ANN FERN, Plaintiff STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER ELEANOR S. PEFFER, and Defendants AMENDED ANSWER & NEW MATTER 212 LOCUST ,~TR. EET P. O. BOX 999 HAR. P..ISBUP,-G, PA, 17108 LORI ANN FERN, Plaintiff Ve STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER, ELEANOR S. PEFFER, and CHRISTOPHER LEYON, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY - PENNSYLVANIA : : : FILE NO. 75 CIVIL 1987 : : : CIVIL ACTION - LAW : : : : NOTICE TO PLEAD TO: PLAINTIFF AND DEFENDANTS YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED AMENDED ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGEMENT MAY BE ENTERED AGAINST YOU. Date: THOMAS & THOMAS ~' K. ~homas, II, Esquire 212 Locust Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7617 Attorney for Defendants LORI ANN FERN, Plaintiff Ve STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER, ELEANOR S. PEFFER, and CHRISTOPHER LEYON, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY - PENNSYLVANIA : : : FILE NO. 75 CIVIL 1987 : : : CIVIL ACTION - LAW : : : : AMENDED ANSWER AND NEW MATTER The Defendant, Stephen William Peffer, hereby incorporates by reference paragraphs 1 through 19 of the original Answer and New Matter, and hereby amends the New Matter as follows: 20. The Plaintiff, of Lori Ann Fern, has reached a settlement with the Defendant, Stephen William Peffer, which provides for a Joint Tortfeasor Release, a copy of which is attached hereto and marked Exhibit "1". WHEREFORE, the Defendant, Stephen William Peffer, demands judgement in his favor. Date: Respectively submitted, THOMAS & THOMAS James K. Thomas, II, Esquire 212 Locust Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7617 Attorney for Defendants LORI ANN FERN, Plaintiff Ve STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER, ELEANOR S. PEFFER, and CHRISTOPHER LEYON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA NO. 75 Civil 1987 CIVIL ACTION - LAW JOIh'T TORTFEASOR RELEASE KNOW ALL MEN BY THESE PRESENTS, that I, LORI ANN FERN, for and in consideration provided by the "Structured Settlement Agreement" executed contemporaneously herewith, realizing that there is doubt and uncertainty as to the nature and extent of my losses, damages, and the liability of STEPHEN WILLIAM PEFFER, and that such facts are in dispute, have released and discharged and by these presents do for myself, my heirs, executors, administrators, successors and assigns, release and forever discharge STEPHEN WILLIAM PEFFER, his insurers, agents, heirs, executors, administrators, successors and assigns, from any and all actions, causes of action, claims, demands, contribution, indemnity, damages, costs, loss of services, expenses, compensation and all consequential and inconsequential damage and also to the extent of his liability for contribution or indemnity to any other person, party or corporation, arising out of any and all claims for all injuries, known or unknown, to myself arising out of an automobile accident which occurred on February 2, 1985 at Pa. Route 61 or West Trindle Road, Cumberland County, Pennsylvania, for which a suit has been instituted in the Court of Common Pleas of Cumberland County, Pennsylvania docketed to No. 75 Civil 1987. IN THE EVENT that any other persons or tort-feasors and/or their servants, agents, or employees, or other persons, firms, or corporations, for whom they could be vicariously liable are responsible to LORI ANN FERN for damages as a result of the aforesaid accident, the execution of this Release for the consideration of the "Structured Settlement Agreement" shall operate as satisfaction of all claims against such other persons or tort-feasors to the extent of the relative pro rata or percentage share of liability of STEPHEN WILLIAM PEFFER, who is herein released, or by the consideration of the "Structured Settlement Agreement", whichever is greater. Such share is to be determined in accordance with applicable law, including the Uniform Contribution Among Tort-Feasor's Law, as enacted in the Commonwealth of Pennsylvania. If it should appear or be adjudicated in any suit, action, or proceeding of any kind or nature that the aforesaid STEPHEN WILLIAM PEFFER, is jointly liable with others, including the parties to the suit instituted in the foregoing term and number of the Court of Common Pleas of Cumberland County, or liable over for indemnity to others for any act or conduct for which LORI ANN FERN has sustained damages and injury, in order to save the aforesaid STEPHEN WILLIAM PEFFER, harmless, LORI ANN FERN, as a further consideration of the "Structured Settlement Agreement" will satisfy any decree, judgment or award in which there-is such finding or adjudication involving said STEPHEN WILLIAM PEFFER, on his behalf to the extent of his liability for contribution or indemnity; also LORI ANN FERN will indemnify and forever hold harmless STEPHEN WILLIAM PEFFER, against any loss or damage because of any and all further claims, demands for indemnity made by others on account of or in any manner resulting from the incident referred to above. This Release contains the entire agreement between the parties hereto and is contractual in nature, not a mere recital. It is hereby warranted that we have not made any settlement with or given any release to any person, association, or corporation for damages arising out of this incideDt. WITNESS THE DUE EXECUTION THEREOF, this,-~~.2';~ day of -._.~/~..~ ~/ , 1989. ~ WITNESSETH: LORI ANN FEF[N Sworn to and subscribed to me this,.~/:.-/?~ay of.~j:/('>/ , 1989. ,_.~ ,/,' . ...~, · ~ ._/' ,_."/ ,~ .~-~ 'NotaFy Pub'1 ic My Commission Expires: SHIRLEY P. CLEV£NGER, NOTARY PUBLIC CA~LtSLE BORO. CU;,;,BE,~LAND.. COUNTY VERIFICATION I verify that the statements made in the foregoing Amended Answer and New Matter, are true and correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. James K. Thomas,II, Esquire CERTIFICATE OF SERVICE I, JAMES K. THOMAS, II, ESQUIRE, hereby certify that I have served a true and correct copy of the foregoing Amended Answer with New Matter on the following persons by placing the same in the United States Mail postage prepaid on the llth day of September, 1989. George F. Douglas, Jr., Esquire DOUGLAS & DOUGLAS 27 West High Street P. O. Box 261 Carlisle, PA 17013-0261 Frances H. DelDuca, Esquire 10 West High Street Carlisle, PA 17013 THOMAS & THOMAS James K. Thomas, Esquire 212 Locust Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7617 ATTORNEYS FOR DEFENDANTS LORI ANN FERN V® STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER, ELEANOR S. PEFFER and CHRISTOPHER LEYON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 75 CIVIL 1987 VERDICT QUESTION 1: Do you find that the defendant, Stephen William Peffer was negligent? Yes No / If you answer Question 1 YES, you should proceed to Question 2. If you answer Question 1 NO, you should proceed to Question 3. QUESTION 2: Was the defendant, Stephen William Peffer's, negligence a substantial factor in bringing about the plaintiff's injuries? Yes No Regardless of your answer to Question 2, proceed to Question 3. QUESTION 3: Was the defendant, Christopher Leyon, negligent? Yes No ~ If you answer Question 3 YES, proceed to Question 4. If you answer Question 3 NO, you should not answer any further questions and you should return to the Courtroom. QUESTION 4: If you answered Question 3 YES, was the defendant, Christopher Leyon's negligence a substantial factor in bringing about the plaintiff's injuries? Yes No If you answered Question 4 YES, proceed to Question 5. If you answer answered Question 4 NO, you should not answer Question 5 and should return to the Courtroom. QUESTION 5: Taking the combined negligence that was a substantial factor in bringing about the plaintiff's injuries as 100 percent, what percentage of that causal negligence was attributable to the defendant, Stephen William Peffer, and what percentage was attributable to the defendant, Christopher Leyon? Percentage of causal negligence attributable to Defendant Stephen William Peffer (Answer only if you have answered YES to Questions 1 and 2) Percentage of causal negligence attributable to the defendant, Christopher Leyon, (Answer only if you have answered YES to Questions 3 and 4) (Date) LORI ANN FERN : : VS : : STEPHEN WILLIAM PEFFER, EDWARD : S. PEFFER, ELEANOR S. PEFFER : and CHRISTOPHER LEYON : 5 Hoffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 75 CIVIL 1987 CIVIL ACTION - LAW IN RE: PRETRIAL CONFERENCE A pretrial conference was held on Wednesday, August 30, 1989, before the Honorable George E. Hoffer, Judge. In this auto accident case, plaintiff is represented by Frances H. Del Duca, Esquire, and Paul Lockrey, Esquire, and the defendants, Peffers, are all represented by James K. Thomas, II, Esquire, and defendant Leyon is represented by George F. Douglas, Jr., Esquire. Defendant Peffers and plaintiff have executed a joint tortfeasor release for a structured settlement with an annuity value of $200,000.00. It is agreed by all parties that defendant Leyon may plead this release as New Matter and that the release can be introduced into the record, at side bar, at the trial of the case as a legal matter. The plaintiff was a passenger in the vehicle driven by defendant Leyon; both plaintiff and Leyon were college students returning to the college on a public highway. In the claim against the Peffers, plaintiff claimed that Peffer negligently crossed the highway in front of plaintiff's vehicle and struck the plaintiff 75 CIVIL 1987 PRETRIAL CONFERENCE PAGE 2 head-on. Plaintiff also claims that Leyon is negligent in that he disobeyed his driver's license restriction in not wearing his glasses at the time of the accident, thus not being able to avoid this collision and negligent in the handling of his vehicle. The plaintiff has listed at least seven doctors as medical witnesses on the damages and plaintiff's trial brief contains several other expe~ts testifying to damages. None of these people have yet been deposed although Dr. Elliot Menkowitz is scheduled for deposition on September 19, 1989. Plaintiff's case-in-chief on the liability issue consists of plaintiff, defendant Leyon as of cross examination and an accident reconstruction expert by the name of Thomas Hespenheide. Plaintiff is directed to furnish a copy of Mr. Hespenheide's written report to both defense counsel by September 6, 1989. At the trial of the case, plaintiff has photographs of the scene and all defense counsel agree that the photographs can be introduced without the calling of the photographer. In view of the leng%hy medical testimony anticipated by plaintiff, and the seriousness of the injuries, and on plaintiff's representation that the medical part of his case will take six to seven trial days, the court directs that the case be bifurcated for trial. It is estimated that the liability part of the trial can be had in one and a half to two days. 75 CIVIL 1987 PRETRIAL CONFERENCE PAGE 3 In view of the fact that none of the medical witnesses have yet been deposed, and with the agreement of all parties, the liability section of the trial shall be tried with a jury this term, and the medical end of the trial shall be tried with a jury at a subsequent term of court. Defense counsel agree to share four challenges with the jury and plaintiff will have four. By the Court, Frances H. Del Duca, Esquire Paul Lockrey, Esquire For the Plaintiff James K. Thomas, II, Esquire For Defendant Peffers George F. Douglas, Jr., Esquire For Defendant Leyon :mtf ~aSe NO. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 75 CIVIL 1987 LORI ANN FERN v. STEPHEN WILLIAM PEFFER, et al. ANSWER TO NEW MATTER FRANCES H. DEL Duca ATTORNEY AT LAW TEN WEST HIGh STReet CARLISLE, PENNSYlVANia i?OI3 LORI ANN FERN v. STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER and ELEANOR S. PEFFER and CHRISTOPHER LEYON 16. Denied. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 75 CIVIL 1987 JURY TRIAL DEMANDED ANSWER TO NEW MATTER It is denied that the plaintiff's injuries were caused or aggravated by her negligence and strict proof to the contrary is demanded. 17. Because the means of proof are within the exclusive control of defendant, plaintiff is unable to admit or deny that defendant was not the agent or employee of Edgar W. or Eleanor S. Peffer and that they are not responsible for his operation of the vehicle at the time and place in question. 18. Denied that defendant Stephen William Peffer was not negligent in the operation of his vehicle on February 7, 1985 and proof thereof is demanded. 19. Because the means of proof are within the exclusive control of adverse parties, plaintiff is unable to admit or deny the allegations contained in Paragraph 19 and proof thereof is demanded. WHEREFORE, plaintiff respectfully requests that the defendants' new matter be dismissed. Respectfully submiited, ~rance$ H. Del Duca ~ttorney for Pla±nt±ff STATE OF PENNSYLVANIA :: SS COUNTY OF CUMBERLAND :: LORI ANN FERN, being duly sworn according to law, deposes and says that the facts set forth in the foregoing instrument are true and correct. SUBSCRIBED and sworn to before me this ~ day of ~/~-~ 19~. Notary Publ~ Sht~, E¥ P. CL[VENGER 10 Wast ,~ii?~ Si-., Carlisle CERTIFICATE OF SERVICE I, FRANCES H. DEL DUCA, do hereby certify that on this day I served a true and correct copy of the foregoing Answer to New Matter on the following, by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: James K. Thomas, II, Esq. 212 Locust St. Box 999 Harrisburg, PA 17108 George F. Douglas, Esq. 27 W. High St. Carlisle, PA 17013 ~~s H. Del Du~a 10 West High St. Carlisle, PA 17013 717-249-1323 LORI ANN FERN, Plaintiff STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER and ELEANOR S. PEFFER, and CHRISTOPHER LEYON, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 75 CIVIL 1987 JURY TRIAL DEMANDED TO: REQUEST FOR PRODUCTION AND COPYING OF DOCUMENTS Lori Ann Fern c/o Frances H. Del Duca, Esquire Ten West High Street Carlisle, PA 17013 Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Defendants, Stephen William Peffer, Edgar W. Peffer and Eleanor S. Peffer, request that Plaintiff produce the documents hereinafter described and permit Defendants, through their attorneys, to inspect them and copy such of them as he may desire. Defendants request that the documents be made available for this examination at the offices of Defendants' attorneys located at 212 Locust Street, Suite 500, Harrisburg, Pennsylvania, within thirty (30) days of the date of service hereof. Defendants' attorneys will be responsible for these documents so long as they are in their possession. Copying will be done at Defendants' expense and the documents will be properly returned after copying has been completed. The request is intended to cover all documents in the possession, custody and control of Plaintiff, her agents, employees, insurance carriers and attorneys. Further, this request is considered to be continuing. It should be modified or supplemented as Plaintiff receives additional documents up to the trial of this matter. The documents covered by this request are as follows: 1. Ail photographs taken of the vehicles or accident scene involved in this accident. 2. Ail investigative reports, test results, drawings, sketches, maps, summaries or records of the accident and the events surrounding it. 3. Ail statements of any eye witness to the accident. 4. Ail statements of any person who will be called as a witness at trial. 5. Ail statements of any party, his agents, or employees concerning this accident and events surrounding it. 6. Ail documents or other demQnstrative evidence which will be introduced or used at trial. 7. All medical reports, hospital records, physician's reports, laboratory reports, x-ray reports, bills and receipts concerning the injuries suffered by Plaintiff, Lori Ann Fern, in this accident. 8. Ail documents regarding insurance benefits paid due to the accident. 9. All documents verifying lost wages due to the accident including federal and state income tax returns for the years 1983 to present. THOMAS & THOMAS James K. Thomas, II 212 Locust Street P.O. Box 999 Harrisburg, PA 17108 (717)255-7617 Attorneys for Defendants, Stephen William Peffer, Edgar W. Peffer and Eleanor S. Peffer DATED: CERTIFICAT~ OF SERVICE I, JAMES K. THOMAS, II, of the law firm of Thomas & Thomas, do hereby certify that on this day I served a true and correct copy of the foregoing Request for Production and Copying of Documents on the following, by depositing same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Frances H. Del Duca, Esquire Ten West High Street Carlisle, PA 17013 THOMAS & THOMAS By__~__~ James K. Thomas, II 212 Locust Street P.O. Box 999 Harrisburg, PA 17108 (717)255-7617 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 75 CIVIL 1987 LORI ANN FERN V. STEPHEN WILLIAM PEFFER er al. INTERROGATORIES OF PLAINTIFF FRANCES H. DEL DUCA ATTORNEY AT LAW TEN WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 44. Have you or any representative of yours taken a statement in any form from any party, witness of any other person who has knowledge about the circumstances of the occurrence of the accident out of which this suit arises or about the activities of any party to this suit or about the injuries suffered by the plaintiff related to this suit or in any other way? If so, state the circumstances under which the statement was taken, the form of the statement and who has custody of the statement and whether any summaries of the statement exist. ANSWER: Statements of Stephen W. Peffer and Christopher E. Leyon taken by 2ohn Pasierb, Adjuster, Moraski & Company, both are written statements, signed by each. Copies are retained by West American Insurance Company, Moraski and Company, and Thomas & Thomas. 45. Have you or are you or any representative of yours conducted or are you conducting any surveillance of the plaintiff or any other party to this suit and if so, who is conducting such activities and to whom does this person report? ANSWER: No. THOMAS & THOMAS James K. Thomas, II 212 Locust Street - P..~O. Box 999 Harrisburg, PA 17108 (717)255-7617 18 CERTIFICATE OF SgRVICg I, JAMES K. THOMAS, II, of the law firm of Thomas & Thomas, do hereby certify that on this day I served a true and correct copy of the foregoing Answers to Interrogatories on the following, by depositing same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Frances H. Del Duca, Esquire Ten West High Street Carlisle, PA 17013 THOMAS & THOMAS James K. Thomas, II 212 Locust Street P.O. Box 999 Harrisburg, PA 17108 (717)255-7617 DATED: LORI ANN FERN STEPHEN WILLIAM PEFFER, EDGAR W. PEFFER and ELEANOR S. PEFFER, and CHRISTOPHER LEYON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 75 CIVIL 1987 :: JURY TRIAL DEMANDED : : : : ANSWERS TO INTERROGATORIES OF PLAINTIFF, LORI ANN FERN ADDRESSED TO DEFENDANT STEPHEN WILLIAM PEFFER PURSUANT TO THE PROVISIONS of Pa.R.C.P. 4005 and 4006, as amended, you are required to file the original and serve a copy on the undersigned, of your Answers and objections, if any, in writing and under oath, to the following Interrogatories, within thirty (30) days after service of the Interrogatories. The answers shall be inserted in the spaces provided following each Interrogatory. If there is insufficient space to answer an Interrogatory, the remainder of the answer shall follow on a supplemental sheet. The Interrogatories shall be deemed to be continuing in nature, in accordance with the provisions of Pa.R.C.P. 4007.4, as amended. If between the time of filing your original Answers to these Interrogatories, and the time of trial of this matter, you or anyone acting on your behalf having knowledge of discoverable facts and the identity of persons expected to be called as an expert witness at trial not disclosed in your Answers, or if you or an expert witness obtain information upon the basis of which you or he knows that an Answer was incorrect when made is no longer true, then you shall promptly supplement your original Answers under oath to include such information thereafter acquired, and promptly furnish such a Supplemental Answer on the under signed. Dated: ~Er-ahces H. Del Duca 10 West High St. Carlisle, PA 17013 Attorney for Plaintiff Lori Ann Fern 1. State your full name, date of birth, and place of birth. ANSWER: Stephen William Peffer 12/20/62 Carlisle Hospital, Carlisle, Pennsylvania 2. List all addresses at which you have resided during the past ten (10) years and the period during which you resided at each address. ANSWER: 73 Rolo Court Mechanicsburg, PA (present) 1½ years 109 East Keller Street Mechanicsburg, PA 17055 a) e) f) g) h) Are you presently married? a. b. c. f o If so, state: Your spouse's full name: Her maiden name; Her address for the five (5) years prior to your marriage; The date and place of your marriage; State whether or not your spouse is now living with you; If not, when the separation occurred; Your spouse's present address; and Name, birth date and present address of each child born of this marriage. ANSWER: Yes. a) Teresa Ann Peffer b) Teresa Ann Chilcote c) 6412 Carlisle Pike Lot 21 Mechanicsburg, PA 17055 712 S. York Street Mechanicsburg, PA 17055 October 4, 1986, Mechanicsburg, PA Yes. N/A 73 Rolo Court Mechanicsburg, PA 17055 None. e spouse: ANSWER: No. If you were previously married, state for each previous a. Name and present residence address of each spouse; b. The date of commencement and termination of each marriage; c. The place where you were married to each spouse; d. For each marriage, state the manner in which it was terminated; e. Whether or not any children were born of any prior marriage, and if so, give their names, ages and present address; f. The names, ages and addresses of all persons dependent upon you for support at the time of the incident out of which this claim arose; and The nature and amount of maintenance or support which you contribute or pay to the persons listed in subparagraph (f) above in the year preceding the incident out of which this claim arose. 5. If employed since the incident referred to in the Complaint, state: a. The name and address of present employer; b. The position held and the nature of work being performed; c. Hours worked per week; d. The weekly wages, earnings, income or profit; e. Name of your immediate boss, foreman or other superior to whom you are responsible; f. Whether a physical examination was required, and if so, state the date, place and person giving the examination; and For each employer, whether or not you made any representation in writing or answered any questions concerning your physical examination. ANSWER: a) McCoy Electronics Watt Street Mt. Holly Springs, PA b) Quality Assurance Technician c) 45 d) approximately $380 e) Dave Bolinger f) Yes, June 1984 g) None 6. What is your social security number: ANSWER: 200-52-1436 7. Do you suffer from any disability mental or physical? If so, identify condition and if treated for it state when and by whom. ANSWER: Loss of hearin§. Periodical check-ups at Polyclinic Hospital. Hearing aids from Bell Tone,~FF~t Street, Harrisburg~ PA AN SWE R: Yes. Do you wear glasses? 9. Do you possess a valid Pennsylvania operator's license or one from any other state? If so state date of issue and place of origin and the license number. ANSWER: Yes. Issued December 1978 at Carlisle~ PA. Pa. license no. 19883715 10. Does your license bear any restriction in its use? ANSWER: Yes, must wear eyeglasses and hearing aid. 11. Has your operator's license ever been suspended by the issuing authority? If so, state when and why. ANSWER: No. 12. Have you ever been arrested or charged with breaking the Pennsylvania penal code or the penal code of any other jurisdiction including arrests or charges for vehicular violations other than minor summary offenses such as parking violations? If so, state the place and date of the arrest of charge, the substance of it and the disposition of the charge. ANSWER: In 1980 or 1981 was charged in Harrisburg, PA with speeding; paid fine. 8 13. Do you take any medications, prescriptions or otherwise on a routine and regular basis? If so, state the name of the material and if prescribed, state who prescribed the substance, why it was prescribed and when you first began taking it? ANSWER: No. 14. Do you utilize any prosthesis device as an aid or adjunct to your body or senses? If so, state what kind of device or prothesis you use, why you use it, who prescribed or suggested that it be used and when you began to use the device. ANSWER: Hearing aid Dr. Edward Sickel Richard Krieger, Audiologist 1969 15. If your answer to 13 and 14 above were positive, state whether the material of the device described in those answers were being used or had been used on the day of the accident which gave rise to the complaint in this case. ANSWER: Yes. 9 16. State whether any policy of liability insurance issued to you personally or issued to any other person with whom you reside or where you are employed provides coverage either in the first instance to you as an operator of a motor vehicle at the time and place averred in the complaint or as any umbrella coverage to take effect after the exhaustion of the primary coverage available or otherwise. If so, state the name and address of the carrier, the number of the policy and the policy limits of the coverage available. ANSWER: Policy No. DPW34-1~600 issued to Edgar W. and Eleanor S. Peffer, parents, by West American Insurance Company, P.O. Box 6991, Linglestown, PA 17112. $300,000 single limit coverage $250 collision deductible $100 deductible other than collision 17. Are you being offered a defense in this suit on the basis of a reservation of rights by any insurance carrier? If so, state by whom and state what kind of reservation of rights was taken and if documented where is such a document kept at the time and who has custody of it. If not documented, state the circumstances of the preservation of rights. ANSWER: No. 10 18. In regard to any policy of insurance listed above, state whether any exclusions therein is applicable to the claim made in this case and has any exclusion been cited to you as a basis of limitation of any sort in the offer of coverage protection under the policy or in the offer of a defense to this action? ANSWER: NO. 19. contain under insured coverage? coverage? ANSWER: $300,000 single limit Does any policy of insurance listed above by you If so, what is the limit of such 20. Do you have a copy of each policy listed above? If not, which policy do you not have and do you know who does have a copy? If so, state who has a copy and where it is kept. ANSWER: No. Copy with parents and insurance company. 11 21. At the time and place averred in the complaint what was the make, model and color of the motor vehicle you were operat in§? ANSWER: 1979 Chevrolet Camaro - brown 22. ANSWER: No. Were you the owner? 23. If not, did you have the permission of the owner to operate the vehicle? ANSWER: Yes. 24. Who was the owner? ANSWER: Edgar W. and Eleanor S. Peffer 25. Had you ever driven the vehicle before the accident date? If yes, state with what frequency. an swer; Yes, daily. 12 26. How long have you been licensed to operate a motor vehicle in Pennsylvania or in any other state? ANSWER: Since December 1978. @&. What was the purpose in your being on the highway at the time and place averred in the complaint? ANSWER: On his way home. 28. Where were you coming from? ANSWER: Carlisle, P~nnsylvannia. 29. Where were you going to? ANSWER: Home in Mechanicsburg, Pennsylvania. 30. At what time had the trip started? ANSWER: Approximately 1:45 a.m. 31. mind? ANSWER: No. Did you have an arrival time at your destination in 13 32. Did you intend to do anything either social or business upon your arrival at the destination? ANSWER: No. 33. Were you to meet any person at your destination? so, state the name and list the address of such person. ANSWER: No. If 34. Were you at the time of the accident performing any service or doing any errand or carrying out any order or request of your employer or of a friend or of an acquaintance or of the owner of the motor vehicle you were operating at the time and place of the accident averred in the compliant? If so, state the name of the person or entity and describe briefly the circumstances. ANSWER: No. 35. Did the motor vehicle you were operating at the time and place averred in the complaint bear any name or design or 14 logo of any business, club, person or other entity other than the usual identification device of the vehicle's manufacturer? ANSWER: No. 36. When was the motor vehicle inspected prior to the date of the accident averred in the complaint? ANSWER: Does not recall. 37. Where was the inspection made? location of the inspection station. ANSWER: Charlie's Service Center Mechanicsburg, PA Give the name and 38. accident? ANSWER: What disposition was made of the vehicle after the If it was salvaged, by whom was it salvaged? Salvaged by Miller's and Sam's 6487 Carlisle Pike Mechanicsburg, PA 17055 39. Do you or any representative of yours possess any photographs of the motor vehicle taken before or after the date of the accident averred in the complaint? If so, state how many photos you know of that exist, who took them and who has custody 15 of them. ANSWER: Some photographs in possession of parents~ Copies of photographs provided by Plaintiff's counsel in response to our Request for Production of Documents. Photographs taken by Moraski & Company. 40. Do you or any representative of yours possess any photograph of the scene of the accident averred in the complaint? If so, state how many photos you know exist, who took them and who has custody of them? ANSWER: Copies of photographs provided by Plaintiff's counsel in response to our Request for Production of Documents. 41. Do you or any representative of yours possess any plans, plots, maps, sketches, drawings, computer graphics, simulations, motion pictures, video tapes depicting any party, witness, before the fact eye witness, after the fact witness, expert witness, consultant or other person who has taken an interest of any sort in the circumstances of this case or referring to any scene, or object of person involved in the accident or in the suit that it gave rise to? If so, state what exists and who has custody it. ANSWER: NO. 16 42. Have you or any representative of yours hired or engaged any expert witness for the purpose of giving testimony at the trial of the case or for the purpose of giving advice in the capacity of a consultant to you or your representative in the defense of this suit? If so, state the name, address, area of expertise and education background of each such expert engaged or consulted. ANSWER: No. 43. Have you or any representative of yours conducted an investigation of the circumstances of the accident out of which this suit arises? If so, who has done the investigation, where was it done, was a report made of the investigation and who has the report? ANSWER: Investigation done by West American Insurance Company, M.H. Leppin, Claims Manager, an4 Moraski and Company, David L. Miller. Copies of all reports retained by West American Insumsmce Company, Moraski and Company, and Thomas & Thomas. 17 VERIFICATION The undersigned hereby verifies that he is one of the Defendants named in the Complaint in the foregoing action, that the facts averred in the foregoing Answers to Interrogatories are true and correct to the best of his knowledge, information and belief, and that he understands that false statements herein are made subject to penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities.