Loading...
HomeMy WebLinkAbout06-2614IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MICHAEL J. RENAUD and HAZEL R. CIVIL DIVISION RENAUD, his wife, NO: aL 01 u; C?yn Plaintiffs, vs. SHRI PARAS, INC., Defendant. To the within-named Defendants: You are hereby notified to file a written response to the enclosed Complaint within twenty (20) days from service hereof or a default judgment may be entered inst you. PO V C BY ----' Att r Plaintiffs CODE: 009 COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF: Plaintiffs COUNSEL OF RECORD FOR THIS PARTY: John E. Quinn, Esquire Pa. I.D.#23268 PORTNOY & QUINN, LLC FIRM #724 One Oxford Centre 36s' Floor Pittsburgh, PA 15219 412-765-3800 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 the attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 POR OY & UINNC BY: 7 John E. Quinn, Esquire Counsel for Plaintiffs COMPLAINT IN CIVIL ACTION 1. The Plaintiffs, Michael J. Renaud (hereinafter "Husband-Plaintiff') and Hazel R. Renaud (hereinafter "Wife-Plaintiff") are adult individual residents of Snow Shoe, County of Centre, Commonwealth of Pennsylvania. 2. The Defendant, Shri Paras, Inc. (hereinafter "Defendant"), is a corporation organized and existing under the laws of the State of Pennsylvania and at all times pertinent hereto owned the motel known as the Roadway Inn at 1239 Harrisburg Pike, City of Carlisle, County of Cumberland, Commonwealth of Pennsylvania, and at the time of the grievances hereinafter set forth was the owner of and had exclusive care, custody, control and maintenance of the aforementioned motel, and it was the duty of Defendant to keep and maintain the motel and particularly the parking area, in a reasonably safe condition for those persons lawfully using the same. 3. At all times pertinent hereto, Defendant was acting by and through its duly authorized agents, servants or employees who were then and there engaged in and upon the performance of their duties, within the scope of their authority and upon the business of Defendant. 4. On or about December 10, 2005 at or around 11:30 p.m., Husband-Plaintiff, in his capacity as a bus driver for Susquehanna Transit, pulled the bus that he was driving into the parking lot of the Roadway Inn (hereinafter "the premises"). The high school sports team, coaches, and parents who had chartered Husband-Plaintiffs bus were staying at the motel overnight. 5. Not withstanding its duty, the Defendant did, at the aforementioned time and place, and for some time prior thereto, carelessly, recklessly and negligently did create a defective and dangerous condition, to-wit; the existence of an excessive accumulation of ice and snow on and about the blacktop parking area outside said motel. 6. At the aforementioned time and place, Husband-Plaintiff exited the bus, and as a result of the dangerous condition, to-wit, the existence of an excessive accumulation of ice and snow on said premises, as described above, the Husband-Plaintiff was caused to slip and fall, thereby sustaining certain personal injuries as are enumerated below. 7. At the time of the incident complained of and for sometime prior thereto, the Defendant knew or in the exercise of reasonable care should have known of the aforesaid dangerous condition existing on the surface of the parking area outside the motel. COUNTI NEGLIGENCE Michael J. Renaud v. Shri Paras, Inc. 8. The Plaintiffs hereby incorporate by reference Paragraphs 1 through 7, inclusive, as if set forth at length herein. 9. All of the resultant losses, damages and injuries sustained by Husband-Plaintiff were a direct and proximate result of the negligence of Defendant, generally, and in the following particulars: a. In failing to keep the aforementioned surface of the parking area of the motel in a safe condition for persons lawfully using the same; and/or b. In permitting the existence of an excessive accumulation of ice and snow to be and remain on the premises when the Defendant knew or in the exercise of reasonable care should have known of the danger to Husband-Plaintiff and/or others lawfully using the aforementioned motel; and/or c. In failing to warn Husband-Plaintiff and/or others lawfully using the aforementioned parking area of the motel of the dangerous condition created by the existence of an excessive accumulation of ice and snow; and/or d. In failing to remove, repair, cover and/or treat the excessive accumulation of snow and ice in the parking area; and/or e. In permitting persons, Husband-Plaintiff in particular, to use the aforementioned surface of the parking area when the Defendant knew or had reason to know that it was dangerous to do so and involved an unreasonable risk of harm; and/or f. In failing to notify or warn Husband-Plaintiff of the dangerous condition so that he could avoid the aforementioned excessive accumulation of ice and snow; and/or g. In maintaining the aforementioned surface of the parking area in such a manner as to constitute a danger to persons lawfully thereon; and/or h. In failing to provide Husband-Plaintiff and others lawfully using the parking area with a safe area to traverse; and/or i. In allowing a dangerous and defective condition to exist at the Defendant's motel, when it knew or in the exercise of reasonable care should have known that a business invitee such as Husband-Plaintiff would not discover and/or recognize the said danger, and/or j. In failing to inspect the aforementioned parking area to discover the existence of an excessive accumulation of ice and snow or in inspecting so carelessly as not to have discovered the condition; and/or k. In maintaining the aforementioned surface of the parking area in an improper manner and/or in employing personnel who were not sufficiently qualified to maintain the aforementioned surface of the parking area in a proper manner. 10. As a direct and proximate result of the negligence of Defendant, Husband-Plaintiff sustained serious injuries, including right frontal head and brain contusion, intraparenchymal hemorrhage, left frontal brain contusion and edema, closed head injury, subarachnoid hemorrhage, and subdural hematoma, all of which are or may be serious and permanent injuries. 11. As a result of said injuries, Husband-Plaintiff has been and/or will be obliged to receive and undergo medical attention and care and to expend various sums of money or to incur various expenses and may be obliged to continue to expend such sums or incur such expenditures for an indefinite time in the future. 12. As a further result of said injuries, Husband-Plaintiff has suffered and/or may suffer, a loss of his earnings and an impairment of his earning capacity and power. 13. As a result of said injuries, Husband-Plaintiff has suffered and/or may suffer physical and mental anguish and pain, suffering and inconvenience. 14. As a further result of said injuries, Husband-Plaintiff has suffered and/or may suffer shock and injury to the nerves and nervous system and has suffered or may suffer emotional distress. 15. As a further result of said injuries, Husband-Plaintiff has been and/or may be deprived of the ordinary pleasures of life. WHEREFORE, the Plaintiffs request judgment against Defendant to recover damages in excess of the jurisdictional limits of a Board of Arbitrators of this Honorable Court. COUNT IV LOSS OF CONSORTIUM Hazel R. Renaud x Shri Paras, Inc. 16. The Plaintiffs hereby incorporate by reference Paragraphs 1 through 15, inclusive, as if set forth at length herein. 17. As a result of said injuries to Husband-Plaintiff, Wife-Plaintiff has been and/or may be compelled to expend money for medical aid, medicines and the like. 18. As a result of said injuries to Husband-Plaintiff, Wife-Plaintiff has been and/or may be deprived of Husband-Plaintiff s aid, comfort, assistance, companionship and consortium. WHEREFORE, the Plaintiffs request judgment against the Defendant to recover damages in excess of the jurisdictional limits of a Board of Arbitrators of this Honorable Court. JURY TRIAL DEMANDED Respectfully Submitted, PORTNOY & QUINN, LLC BY: & 11 E. Quinn, Esquire Counsel for Plaintiffs I verify that the statements made herein are true and correct to the best of my knowledge, information and belief, and are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. -l-orp Date Michael J. Renaud I verify that the statements made herein are true and correct to the best of my knowledge, information and belief, and are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. 9 Date Hazel . Renaud v l f-- T v Ti p ? rr? t ..,,t L CA 94 c L-- ." ?- ^L i7 ? f C r_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MICHAEL J. RENAUD and HAZEL R. RENAUD, his wife, CIVIL DIVISION NO: 2006 - 02614 Plaintiffs, Vs. SHRI PARAS, INC., Defendant. JURY TRIAL DEMANDED PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF: Plaintiffs COUNSEL OF RECORD FOR THIS PARTY: John E. Quinn, Esquire Pa. I.D.#23268 PORTNOY & QUINN, LLC FIRM #724 One Oxford Centre 36s' Floor Pittsburgh, PA 15219 412-765-3800 i, PRAECIPE TO REINSTATE COMPLAINT IN CIVIL ACTION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly reinstate the Complaint in Civil Action in the above-captioned action. PORTNOY & QUINN, LLC. BY iinn, Esquire for Plaintiffs .- r C? ? ?n cam. ;?- -? _ A, r, T, ?: io `'' , ?'': y i " ? ? ?..3 I hereby certify that I have served a copy of this paper upon all other parties or their attorneys by: ,,,r`egular mail _ certified mail other By. MARGOLIS EDELSTEIN BY: Elizabeth Horneff, Esquire Identification No.: 56743 The Curtis Center, Fourth Floor Independence Square West Philadelphia, PA 19106-3304 (215) 922-1100 MICHAEL J. RENAUD AND HAZEL R. RENAUD, HIS WIFE, Attorney for Defendant, Shri Paras, Inc. COURT OF COMMON PLEAS CUMBERLAND COUNTY V. PARRS, INC. NO. 2006-02614 ENTRY OF APPEARANCE AND JURY TRIAL DEMAND THE PROTHONOTARY Please enter our appearance on behalf of the Defendant, Paras, Inc., in the above captioned case. Defendant, Shri Paras, Inc., demands a jury trial in above case. Jury of twelve, plus alternates demanded. MARGOLIS EDELSTEIN BY: ELIZAB H HORNEFF, ESQ I E Attorney for Defendant, Shri Paras, Inc. C7 v C: ?M1 n . ?: r: i_... ? .. ,. Ci-_ I L? __.. ?,f N ?,? =!? ?? BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com MICHAEL J. RENAUD AND HAZEL R. RENAUD, HUSBAND AND WIFE VS. SHRI PARAS, INC. Attorneys for Defendants File#23150.0-00011 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-02614 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter my appearance on behalf of Defendant, Shri Paras, Inc., with regard to the above-captioned matter. MARGOLIS IAELSTEIN DATE: #7 /s/o By: B?TY al, Esquire Attorney No. 5672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this // day of July, 2006, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service by First Class Mail Postage Pena-id, Addressed as Follows John Quinn, Esquire One Oxford Center 36' Floor Pittsburgh, PA 15219 MARGOLIS EDELSTEIN By: n-- Carol Moose M:Vndie1 Nova@3150.0-000111PIeadings?Entry of APpearance.7-5-06.wpd r BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN P3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com MICHAEL J. RENAUD AND HAZEL R. RENAUD, HUSBAND AND WIFE VS. SHRI PARAS, INC. Attorneys for Defendants File#23150.0-00011 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-02614 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw my appearance on behalf of Defendant, Shri Paras, Inc., with regard to the above-captioned matter. Appearance has been entered by my partner, Barry A. Kronthal, Esquire. MARGOLIS DATE: l /I8/O? By: Elizab th orneff, Esquire Attorn o. 56743 Curtis Center, Fourth Floor Independence Square West Philadelphia, PA 19106 215-922-1100 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this CTD day of July, 2006, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service by First Class Mail. Postage Prepaid. Addressed as Follows: John Quinn, Esquire One Oxford Center 36' Floor Pittsburgh, PA 15219 MARGOLIS EDEEfLSTEIN By: a-a / -- Carol Moose M:Wir\l Nov \23150.0-00011\Pleadings\Wi[hdmw of Appearnoa.7-5-06.wpd SHERIFF'S RETURN - NOT FOUND r s CASE NO: 2006-02614 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RENAUD MICHAEL J ET AL VS SHRI PARAS INC R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHRI PARAS INC but was unable to locate Them in his bailiwick. He therefore returns the / -%XnT T rr.Tm r TT(1T T( V NOT FOUND , as to the within named DEFENDANT , SHRI PARAS INC ROADWAY INN 1239 HARRISBURG PIKE CARLISLE, PA 17013 PER NEW OWNERS OF ROADWAY INN, SHRI PARAS INC NO LONGER EXISTS Sheriff's Costs: So answers 775 Docketing 18.00 Service 5.28 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 38.28 PORTNOY & QUINN /mar fad 05/11/2006 Sworn and subscribed to before me this day of A.D. Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2006-02614 P COMMONWEALTH OF PENNSYLVANIA: -?• COUNTY OF CUMBERLAND RENAUD MICHAEL J ET AL .+rr VS SHRI PARAS INC SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHRI PARAS INC the DEFENDANT at 1110:00 HOURS, on the 16th day of June 2006 at 1155 HARRISBURG PIKE CARLISLE, PA 17013 by handing to KENDRA KUHN, MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 4.40 ?. ••? '?"?'%p; Postage .39 r?.r-e - Surcharge 10.00 R. Thomas Kline .00 32.79,/ 06/19/2006 -?!+? PORTNOY & QUINN Sworn and Subscibed to By: ; :2 'A _ before me this day f,..- Deputy Sher f of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MICHAEL J. RENAUD and HAZEL R RENAUD, his wife, Plaintiffs, vs. SHRI PARAS, INC., Defendant. JURY TRIAL DEMANDED CIVIL DIVISION NO: 2006 - 02614 FILED ON BEHALF OF: Plaintiffs STIPULATION OF COUNSEL COUNSEL OF RECORD FOR THIS PARTY: John E. Quinn, Esquire Pa. I.D. #23268 PORTNOY & QUINN, LLC FIRM #724 One Oxford Centre 3e Floor Pittsburgh, PA 15219 412-765-3800 V STIPULATION TO AMEND CAPTION AND NOW, this day of , 2007, John E. Quinn, Esquire, A Attorney for Plaintiffs, and Barry A. Kronthal, Esquire, Attorney for Defendant, agree and stipulate that the caption of the Complaint shall be amended to read as follows: MICHAEL J. RENAUD and HAZEL R. RENAUD, his wife, Plaintiffs, VS. SHREE SAI SIDDHI, LLC. Defendant It is further stipulated that all references in the Complaint in Civil Action to Defendant Shri Pasas, Inc. shall refer to Shree Sai Siddhi, LLC. STIPULATED TO: F John E. QuPn, Esquire Attorney fbr Plaintiffs B Kr6n al, Esquire Attorney o fendant c?.? "'? ? ? ?r ?n ,: ?, ;=? -?. - z : '.=?. ?? BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedetstein.com COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. RENAUD AND HAZEL R. RENAUD, HUSBAND AND WIFE VS. SHREE SAI SIDDHI, LLC NO. 2006-02614 CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICE TO PLEAD To: Michael J. and Hazel R. Renaud c/o John Quinn, Esquire One Oxford Center 36`h Floor Pittsburgh, PA 15219 YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER AND NEW MATTER OF DEFENDANT, SHREE SAI SIDDHI, LLC, within twenty (20) days from service hereof, or a default judgment may be entered against you. Date: -700-7 Respectfully submi Attorneys for Defendants File#23150.0-00011 TEIN a. ontnal harry ID No. 55 6192 Shaun J. Mumford ID No. 84176 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorney for Defendant BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 SHAUN J. MUMFORD, ESQUIRE Pa. Supreme Court I.D. No. 84176 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com MICHAEL J. RENAUD AND HAZEL R. RENAUD, HUSBAND AND WIFE Attorneys for Defendants File#23150.0-00011 COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. SHREE SAI SIDDHI, LLC NO. 2006-02614 CIVIL ACTION-LAW JURY TRIAL DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, SHREE SAI SIDDHI, LLC. TO THE COMPLAINT OF PLAINTIFFS, MICHAEL J. RENAUD AND HAZEL R. RENAUD AND NOW, comes Defendant, Shree Sai Siddhi ("Defendant"), by and through its counsel, Margolis Edelstein, and hereby files this Answer with New Matter to the Complaint of Plaintiffs, Michael J. Renaud and Hazel R. Renaud (collectively referred to as "Plaintiffs"), averring the following in support thereof: ANSWER 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and they are, therefore, denied. 2. Admitted in part and denied in part. It is admitted that Defendant is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania and at -2- all times pertinent hereto, owned the motel known as the Roadway Inn at 1239 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. The remaining averments of this paragraph state a conclusion of law to which no response is required and they are, therefore, denied. 3. Denied. The averments of this paragraph state a conclusion of law to which no response is required and they are, therefore, denied. 4. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and they are, therefore, denied. 5. Denied. The averments of this paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, the averments of this paragraph are generally denied, pursuant to Pa. R.C.P. No. 1029(e). 6. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph and they are, therefore, denied. By way of further answer, the averments of this paragraph regarding an alleged dangerous condition state a conclusion of law to which no response is required and they are, therefore, denied. Also, the averments of this paragraph regarding the alleged dangerous condition are generally denied, pursuant to Pa. R.C.P. No. 1029(e). 7. Denied. The averments of this paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, the averments of this paragraph are generally denied, pursuant to Pa. R.C.P. No. 1029(e). -3- COUNTI NEGLIGENCE MICHAEL J. RENAUD V. SHREE SAI SIDDHI, LLC 8. The answers contained in Paragraphs 1 through 7 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 9. Denied. The averments of this paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, the averments of this paragraph are generally denied, pursuant to Pa. R.C.P. No. 1029(e). Also, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph regarding Plaintiffs' alleged losses, damages and/or injuries and the averments are, therefore, denied. 10. Denied. The averments of this paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph are, therefore, denied. 11. Denied. The averments of this paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph are, therefore, denied. 12. Denied. The averments of this paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph are, therefore, denied. -4- 13. Denied. The averments of this paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph are, therefore, denied. 14. Denied. The averments of this paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph are, therefore, denied. 15. Denied. The averments of this paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph are, therefore, denied. WHEREFORE, Defendant, Shree Sai Siddhi demands judgment in its favor and against Plaintiffs, Michael I Renaud and Hazel R. Renaud, with costs assessed to Plaintiffs. COUNT H (sic) LOSS OF CONSORTIUM HAZEL R RENAUD V. SHREE SAI SIDDHI, LLC 16. The answers contained in Paragraphs 1 through 15 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 17. Denied. The averments of this paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph are, therefore, denied. -5- 18. Denied. The averments of this paragraph state a conclusion of law to which no response is required and they are, therefore, denied. By way of further answer, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments of this paragraph are, therefore, denied. WHEREFORE, Defendant, Shree Sal Siddhi demands judgment in its favor and against Plaintiffs, Michael I Renaud and Hazel R. Renaud, with costs assessed to Plaintiffs. NEW MATTER 19. The answers contained in Paragraphs 1 through 18 inclusive hereof, are incorporated by reference herein as if set forth in their entirety. 20. Plaintiffs have failed to establish a dangerous condition and/or that Defendant knew or should have known of any said condition. 21. Plaintiffs' claims, if any, are barred by their failure to plead a dangerous condition as a function of ice and snow characterized by hills and ridges. 22. Plaintiffs' claims, if any, are barred by the applicable statute of limitations. 23. Plaintiffs' claims, if any, are barred by the doctrines of contributory and comparative negligence and assumption of the risk. 24. Plaintiffs have failed to state a claim upon which relief can be granted. 25. Plaintiffs' claims, if any, are barred and/or limited by any pre-existing medical condition or condition suffered by Mr. Renaud. 26. Plaintiffs' claims, if any, are barred by their failure to mitigate their damages. -6- 27. Plaintiffs' injuries and/or damages, if any, were proximately and directly caused by the negligent, careless and/or reckless conduct of persons and/or entities over whom Defendant had no control and for whom Defendant is not legally or otherwise responsible. 28. At all times relevant hereto, the subject area where Mr. Renaud allegedly fell, was properly designed, constructed and/or maintained in accordance with all relevant standards and statutory and code provisions, and did not pose a danger in anyway to Mr. Renaud, or any other persons. 29. At all times relevant hereto, Defendant acted with due care and caution under the circumstances then existing. WHEREFORE, Defendant, Shree Sai Siddhi demands judgment in its favor and against Plaintiffs, Michael J. Renaud and Hazel R. Renaud, with costs assessed to Plaintiffs. DATE: -7 Co I C) --1 By: MARGOLIS E DELSTEIN Barry A. thal, Esquire Attorney No. 55672 Shaun J. Mumford, Esquire Attorney No. 84176 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 Attorneys for Defendant -7- VERIFICATION I, Barry A. Kronthal, Esquire, have read the foregoing Answer with New Matter. The factual statements contained therein are true and correct to the best of my knowledge, information and belief. I am authorized to make this Verification on behalf of my client. This Verification is made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. Date: /0-7 CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this 1? day of , 2007, served a true and correct copy of the foregoing upon the person(s) and in the manner indicated below: Service by First Class Mail, Postage Prepaid. Addressed as Follows: John Quinn, Esquire One Oxford Center 36'h Floor Pittsburgh, PA 15219 MARGOLIS EDELSTEIN k--- By: Carol Moose M:\mdir\1 Nova\23150.0-00011 Renaud v. ShreeT1eadings\ANM.wpd ?. a ? ?"? ' r "'' "t'f r _.`r ? ? "S; ?. ,,,... t, ? -?'ai F.... ... ... `x? _. i ?^i "?._ w "_4SL ?? ?? ??,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MICHAEL J. RENAUD and HAZEL R. CIVIL DIVISION RENAUD, his wife, Plaintiffs, NO: 2006 - 02614 Vs. NOTICE OF SERVICE SHRI PARAS, INC., FILED ON BEHALF OF: Plaintiffs Defendant. COUNSEL OF RECORD FOR THIS PARTY: John E. Quinn, Esquire Pa. I.D. #23268 JURY TRIAL DEMANDED PORTNOY & QUINN, LLC FIRM #724 One Oxford Centre 36th Floor Pittsburgh, PA 15219 412-765-3800 CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the within NOTICE OF SERVICE OF PLAINTIFFS' FIRST SET OF INTERROGATORIES was forwarded to the following individual thisc?l day of July 2007 via U. S. Mail, first-class, postage prepaid: Barry A. Kronthal, Esquire Margolis, Edelstein 3510 Trindle Road Camp Hill, PA 17011 PORTNOY & QUINN, LLC BY: f4?0 John E. Quinn, Esq i e Attorneys for Plaintiffs a PR c mm Erg s - N ? C a? N ?rn 16 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MICHAEL J. RENAUD and HAZEL R. CIVIL DIVISION RENAUD, his wife, NO: 2006 - 02614 Plaintiffs, Vs. REPLY TO NEW MATTER SHRI PARAS, INC., FILED ON BEHALF OF: Plaintiffs Defendant. COUNSEL OF RECORD FOR THIS PARTY: John E. Quinn, Esquire Pa. I.D. #23268 JURY TRIAL DEMANDED PORTNOY & QUINN, LLC FIRM #724 One Oxford Centre 36th Floor Pittsburgh, PA 15219 412-765-3800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MICHAEL J. RENAUD and CIVIL DIVISION HAZEL R. RENAUD, his wife, Plaintiffs, NO: 2006 - 02614 V. SHRI PARAS, INC., Defendant. REPLY TO NEW MATTER AND NOW come the Plaintiffs, MICHAEL J. RENAUD and HAZEL R. RENAUD, by and through their counsel, John E. Quinn, and PORTNOY & QUINN, LLC, and files the following Reply to Defendant's New Matter, and in support thereof aver as follows: 19. The averments of paragraph 19 of Defendant's New Matter constitute a conclusion of law to which no response is required. 20. The averments of paragraph 20 of Defendant's New Matter constitute a conclusion of law to which no response is required. 21. The averments of paragraph 21 of Defendant's New Matter constitute a conclusion of law to which no response is required. To the extent that a response is required, Plaintiffs aver that their Complaint adequately puts the Defendant on notice of the dangerous condition, which was causally related to Plaintiffs' injuries. 22. The averments of paragraph 22 constitute a conclusion of law to which no response is required. 23. The averments of paragraph 23 constitute a conclusion of law to which no response is required. To the extent that a response is required, man Plaintiff denies that he was contributorily or comparatively negligent in any fashion or assumed any known risk. 24. The averments of paragraph 24 constitute a conclusion of law to which no response is required. 25. The averments of paragraph 25 constitute a conclusion of law to which no response is required. To the extent that a response is required, it is denied that man Plaintiff had any pre-existing condition relative to the injuries suffered in this incident. 26. The averments of paragraph 26 constitute a conclusion of law to which no response is required. 27. The averments of paragraph 27 constitute a conclusion of law to which no response is required. 28. The averments of paragraph 28 constitute a conclusion of law to which no response is required. 29. The averments of paragraph 29 constitute a conclusion of law to which no response is required. WHEREFORE, Plaintiffs request judgment in their favor and against the Defendant as set forth in their Complaint. Respectfully submitted, PORTNOY & QUINN BY: 4.VN/rL S Kohn E. Quinn Attorney for Plaintiffs V E R I F I C A T I O N I verify that the statements made herein are true and correct to the best of my knowledge, information and belief, and are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. g - S-0 Date `7IV-C Michael J. Renaud V E R I F I C A T I O N I verify that the statements made herein are true and correct to the best of my knowledge, information and belief, and are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. ?-? .07 Date Hazel Renaud s CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the within Reply to New Matter was forwarded to the following individual this 13th day of August 2007 via U. S. Mail, first- class, postage prepaid: Barry A. Kronthal, Esquire Margolis, Edelstein 3510 Trindle Road Camp Hill, PA 17011 PORTNOY & QUINN, LLC BY: A. John E. Quinn, Esq i Attorneys for Plaintiffs "k } C :- co m L BARRY A. KRONTHAL, ESQUIRE Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendants File#23150.0-00011 MICHAEL J. RENAUD AND HAZEL R. RENAUD, HUSBAND AND WIFE VS. SHREE SAI SIDDHI, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-02614 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly substitute the attached Verification to the Answer with New Matter filed by Defendant on or about July 10, 2007, with regard to the above-captioned matter. MARGOL» EDELSTEIN DATE: r /O -7 B ? ... a, s Attorne o.55672 3510 Trindle Road Camp Hill, PA 17011 717-975-8114 A6. VERIFICATION I, Mihir Wankanala, state that I have read the foregoing Answer with New Matter, and that the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Date: IP7 Mr. Mihir Wankanala SHREE SAI SIDDHI, LLC Renaud v. Shree Sai Siddhi CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this day of October, 2007, served a true and correct copy of the following upon the person(s) and in the manner indicated below: Service by First Class Mail, Postage PLRaid, Addressed as Follows: John Quinn, Esquire One Oxford Center 36th Floor Pittsburgh, PA 15219 MARGOLIS EDELSTEIN By: Carol Moose WrndiM Nova\23150.0-00011 Renaud v. ShreeTleadingsTraecipe to Substitute. 10-15-07.wpd yj ro • ~n~~~ -: ~~~' ~$ Pty 3; t~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO ~~`jS~(1,VAN~ PENNSYLVANIA MICHAEL J. RENAUD and HAZEL R. CIVIL DIVISION RENAUD, his wife, NO: 2006 - 02614 Plaintiffs, PLAINTIFF'S STATEMENT OF INTENTION TO PROCEED vs. Filed on behalf of: Michael J. Renaud and Hazel R. Renaud, his wife SHRI PARRS, INC., COUNSEL OF RECORD FOR THIS Defendant. ~ PARTY: John E. Quinn, Esquire Pa. I.D. #23268 Brendan B. Lupetin, Esquire Pa. I.D. #201164 PORTNOY & QUINN, LLC FIRM #724 One Oxford Centre 36th Floor Pittsburgh, PA 15219 412-765-3800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. RENAUD and HAZEL R. CIVIL DIVISION RENAUD, his wife, NO: 2006 - 02614 Plaintiffs, vs. SHRI PARAS, INC., Defendant. STATEMENT OF INTENTION TO PROCEED To the Court: Plaintiffs, Michael J. Renaud and Hazel R. Renaud, his wife, intend to proceed with the above-captioned matter. Respectfully submitted, PO Date: September 1, 2010 Bpi CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the within Statement of Intention to Proceed was forwarded this h~ day of September, 2010 via U. S. Mail, first-class, postage prepaid to the following: Barry A. Kronthal, Esquire Margolis, Edelstein The Curtis Center, 4~` Floor 601 Walnut Street Independence Square West Philadelphia, PA 19106-3304 PORTNOY & QUINN, LLC BY: C ~ 1~ a r,~ r~~ ~w ~ ~ .. ~ ~, -- PRAECIPE FOR LISTING CASE FOR TRIAL :^~ ~ ~ --•` " ~ ~ ~ (Must be typewritten and submitted in triplicate) ~:~ v ,, ~:~ ~: --_ TO THE PROTHONOTARY OF CUMBERLAND COUNTY ="~ c ~ .~--~~„' ` -' "``e Please list the following case: ~~°'` ' _.. _ ~. ~` X^ for JURY trial at the next term of civil court. ~;_ '''"~ ~"" ^for trial without a jury. .. r:.,rz ti CAPTION OF CASE (entire caption must be stated in fuln MICHAEL J. RENAUD and HAZEL R. RENAUD, his wife (check one) X^ Civil Action -Law ^ Appeal from arbitration (other) (Plaintiff) vs. SHREE SAI SIDDHI, LLC., vs. (Defendant) The trial list will be called on and Trials commence on Pretrials will be held on (Briefs are due S days before pretrials No. 2006 - 02614 Indicate the attorney who will try case for the party who files this praecipe: Brendan B. Lupetin, Esquire Term Indicate trial counsel for other parties if known: Barry A. Kronthal, Esquire This case is ready for trial. Signed;~i y Print Namo Date: October 26, 2010 Attorney for: S~~a~`'` ask ~ gF~ ~~- ~~, ~~Sp~ y m P h H . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MICHAEL J. RENAUD and HAZEL R. RENAUD, his wife, Plaintiffs, NO: 2006 - 02614 CIVIL DIVISION STIPULATION OF COUNSEL VS. SHREE SAI SIDDHI, LLC., Defendant. JURY TRIAL DEMANDED FILED ON BEHALF OF: Plaintiffs COUNSEL OF RECORD FOR THIS PARTY: John E. Quinn, Esquire Pa. I.D. 423268 PORTNOY & QUI NN, LLC FIRM #724 One Oxford Centred 36t` Floor Pittsburgh, PA 15219 412-765-3800 r STIPULATION OF COUNSEL /J 6 0 e<q selt AND NOW, this J day of-r? , 2010, Brendan B. Lupetein, attorney for Plaintiffs, and Barry A. Kronthal, Attorney for Defendant, agree and stipulate that the caption of the Complaint shall be amended to read as follows: HAZEL R. RENAUD, individually, and as EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED, on behalf of the Estate of MICHAEL J. RENAUD Deceased, and HAZEL R. RENAUD, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED; on behalf of the next of kin of MICHAEL J. RENAUD, Deceased Plaintiffs, vs. SHREE SAI SIDDHI, LLC., Defendant. --? ---°----.'-C- j - Barry A. Kronthal, Esquire Attorney for Defendant i aR? <s e? fiF _??eI i i t?.s }# IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HAZEL R. RENAUD, individually, and as, ADMINISTRATOR OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED, on behalf of the Estate of MICHAEL J. RENAUD, Deceased, Plaintiffs, Vs. SHREE SAI SIDDHI, LLC., CIVIL DIVISION NO: 2006 - 02614 PRAECIPE TO REMOVE PRAECIPE FOR LISTING CASE FOR TRIAL FILED ON BEHALF OF: Plaintiffs COUNSEL OF RECORD FOR THIS PARTY: Defendant. John E. Quinn, Esquire Pa. I.D. #23268 JURY TRIAL DEMANDED Brendan B. Lupetin, Esquire Pa. I.D. 201164 PORTNOY & QUINN, LLC FIRM #724 One Oxford Centre 36"' Floor Pittsburgh, PA 15219 412-765-3800 low PRAECIPE TO REMOVE PRAECIPE FOR LISTING CASE FOR TRIAL To the Prothonotary: Please remove the Praecipe for Listing Case for Trial previously filed with the court. Respectfully submitted, P E CERTIFICATE OF SERVICE The undersigned does hereby certify that a Praecipe to Remove P.raecipe for Listing Case for Trial was forwarded to the following individual this 8th day of November, 2010 via U. S. Mail, first-class, postage prepaid: Barry A. Kronthal, Esquire Margolis, Edelstein 3510 Trindle Road Camp Hill, PA 17011 PORTNOY & QUINN, LLC BY: 11-1541S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: HAZEL RENAUD, INDIV & AS ADMIN OF THE EST OF MICHAEL RENAUD _VS - SHRI PARAS, INC. Court of Common Pleas Cumberland County No. 2006-02614 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of BARRY KRONTHAL, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which is/are attached to the notice of intent to serve the subpoena(s). DATE: 2/16/2011 Counsel for Defendant CCLR Center City Legal Reproductions, Inc. 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 (215)732-1177 fax (215)732-5637 Online Services www.ccirinc.com HAZEL RENAUD, INDIV & AS ADMIN OF THE EST OF MICHAEL RENAUD vs. SHRI PARRS, INC. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 2006-02614 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS JOHN E. QUINN, ESQUIRE PORTNOY & QUINN, LLC ONE OXFORD CENTRE 301 GRANT STREET 36TH FLOOR PITTSBURGH, PA 15219-6401 Please take notice there has been a request by BARRY KRONTHAL, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to MICHAEL RENAUD. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: January 26, 2011 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦.. (215)732-1177 fax (215)732-5637 Online Services www.celrine.com HAZEL RENAUD, INDIV & AS ADMIN CCLR File NO. 11-1541S OF THE EST OF MICHAEL RENAUD vs. SHRI PARAS, INC. COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 1/26/2011 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. yes / no (3) OBJECTION In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 2/16/2011. Failure to do so shall serve as an agreement that the records reproduction service should proceed with the records collection process. (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2011 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) JOHN E. QUINN, ESQUIRE PORTNOY & QUINN, LLC ONE OXFORD CENTRE 301 GRANT STREET 36TH FLOOR PITTSBURGH, PA 15219-6401 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAZEL RENAUD, INDIV & AS ADMIN OF THE EST OF MICHAEL RENAUD VS SHRI PAR-AS, INC. File No. 2006-02614 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR. BRETT OESTELING - MEDICAL RECORDS DEPT (Name of Person or Entity) P Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all medical records, including Films, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Michael Renaud. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable 6''sl:'of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE :REQUEST OF THE FOLLOWING PERSON: NAME:BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Ef .7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAZEL RENAUD, INDIV & AS ADMIN OF THE EST OF MICHAEL RENAUD VS SHRI PARAS, INC. File No. 2006-02614 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR. JAMES FICK - MEDICAL RECORDS DEPT (Name of Person or Entity) e Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all medical records, including Films, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Michael Renaud. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasoriable`costof preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAZEL RENAUD, INDIV & AS ADMIN OF THE EST OF MICHAEL RENAUD VS SHRI PARRS, INC. File No. 2006-02614 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: DR. RUBEN J. ECHEMENDIA - MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all medical records, including Films, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Michael Renaud. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost<of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seat of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAZEL RENAUD, INDIV & AS ADMIN OF THE EST OF MICHAEL RENAUD VS SHRI PARAS, INC. PURSUANT TO RULE 4009.22 TO: HEALTH SOUTH NITTANY VALLEY REHABILITATION HOSP - MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all medical records, including physical therapy records, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Michael Renaud. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy File No. 2006-02614 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAZEL RENAUD, INDIV & AS ADMIN OF THE EST OF MICHAEL RENAUD VS SHRI PARAS, INC. File No. 2006-02614 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HEALTH SOUTH NITTANY VALLEY REHABILITATION HOSP - RADIOLOGY FILE ROOM (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all films, mri's, cat scans, x-rays, including radiology reports, etc., pertaining to Michael Renaud. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAZEL RENAUD, INDIV & AS ADMIN OF THE EST OF MICHAEL RENAUD VS SHRI PARRS, INC. File No. 2006-02614 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HERSHEY MEDICAL CENTER - MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all medical records, including physical therapy records, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Michael Renaud. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost: of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAZEL RENAUD, INDIV & AS ADMIN OF THE EST OF MICHAEL RENAUD VS SHRI PARRS, INC. TO: HERSHEY MEDICAL CENTER - RADIOLOGY FILE ROOM (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all films, mri's, cat scans, x-rays, including radiology reports, etc., pertaining to Michael Renaud. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 File No. 2006-02614 BY THE COURT: DATE Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAZEL RENAUD, INDIV & AS ADMIN OF THE EST OF MICHAEL RENAUD VS SHRI PARRS, INC. File No. 2006-02614 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MOUNT NITTANY MEDICAL CENTER - MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all medical records, including physical therapy records, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Michael Renaud. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable 664,0if preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAZEL RENAUD, INDIV & AS ADMIN OF THE EST OF MICHAEL RENAUD VS SHRI PARAS, INC. TO: MOUNT NITTANY MEDICAL CENTER - RADIOLOGY FILE ROOM (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all films, mri's, cat scans, x-rays, including radiology reports, etc., pertaining to Michael Renaud. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 File No. 2006-02614 ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAZEL RENAUD, INDIV & AS ADMIN OF THE EST OF MICHAEL RENAUD VS SHRI PARRS, INC. TO: RICHARD D. ALLATT, MD - MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all medical records, including Films, physical theraphy records, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Michael Renaud. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost:of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 File No. 2006-02614 ATTORNEY FOR: DEFENDANT DATE: Seal of the Court BY THE COURT: Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HAZEL RENAUD, INDIV & AS ADMIN OF THE EST OF MICHAEL RENAUD VS SHRI PARRS, INC. File No. 2006-02614 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: SUSQUEHANNA TRANSIT PERSONNEL DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things *** See Attached Addendum *** AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: Seal of the Court Prothonotary /Clerk, Civil Disposition Deputy (Eff.7/97) •'"` Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ' (215)732-1177 fax (215)732-5637 CCLR File No. 11-1541S ADDENDUM TO SUBPOENA To: SUSQUEHANNA TRANSIT Re: MICHAEL RENAUD ANY AND ALL EMPLOYMENT/PERSONNEL RECORDS, EMPLOYMENT APPLICATIONS, PRE-EMPLOYMENT PHYSICALS AND TESTS, POST-HIRING PHYSICALS AND TESTS, WORK EVALUATIONS, REVIEWS, JOB DESCRIPTION, W-2-S, WAGE AND SALARY INFORMATION, ATTENDANCE RECORDS, LEAVE OF ABSENCE, DOCUMENTS, DISCIPLINARY NOTICES, LETTERS OF TERMINATION / RESIGNATION / REPRIMAND, COMPANY MEMORANDUM, AND ANY/ALL OTHER DOCUMENTS IN THE POSSESSION OF EMPLOYER PERTAINING TO MICHAEL RENAUD. 11-2313R/S CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 In the Matter of: Court of Common Pleas MICHAEL J. RENAUD AND HAZEL R. Cumberland County RENAUD, HM - VS - SHREE SAI SIDDHI, LLC No. 2006-02614 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22 CCLR on behalf of BARRY KRONTHAL, ESQUIRE Defendant certifies that (1) A notice of intent to serve the subpoena(s) with a copy of the subpoena(s) attached thereto was/were mailed or delivered to each party at least twenty days prior to the date on which the subpoena(s) is/are sought to be served. (2) A copy of the notice of intent, including the proposed subpoena(s), is attached to the certificate. (3) No objection to the subpoena(s) has been received. (4) The subpoena(s) which will be served is/are identical to the subpoena(s) which Wo-- attached to the notice of intent to serve the subpoena(s). yam::, DATE: 3/14/2011 (?IA R IUAL IRE Counsel for Defendant I¦¦ Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_! (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com MICHAEL J. RENAUD AND HAZEL IN THE COURT OF COMMON PLEAS R. RENAUD, H/W CUMBERLAND COUNTY vs. SHREE SAI SIDDHI, LLC No. 2006-02614 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS BRENDAN LUPETIN, ESQUIRE PORTNOY & QUINN, LLC ONE OXFORD CENTRE 301 GRANT STREET 36TH FLOOR PITTSBURGH, PA 15219-6401 Please take notice there has been a request. by BARRY KRONTHAL, ESQUIRE, counsel for the Defendant in the above case for production and copying of records in the possession of (see enclosures). These records pertain to MICHAEL J. RENAUD. Enclosed is(are) a copy (copies) of the subpoena(s) to be served on the custodian of such records and also a Counsel Return Page for you to fill out and return to us stating whether you would like to order a copy of the records and whether you have any objections to the production and copying of such records or manner thereof. The fee per location is enclosed on the Counsel Return Page. wow . {, The subpoena will be sent to the records custodian twenty (20) days from the date of this notice requesting that the records be produced on or before ten (10) days thereafter unless we hear from you to the contrary on the Counsel Return Page. If you state an objection on the Counsel Return Page, we will proceed accordingly. If you require assistance, please contact our office. DATE: March 14, 2011 Enclosures : Copy (copies) of Subpoena(s) Counsel Return Page Center City Legal Reproductions, Inc. CCLR 123 South Broad Street, Suite 1920, Philadelphia, PA 19109 ¦_! (215)732-1177 fax (215)732-5637 Online Services www.cclrinc.com MICHAEL J. RENAUD AND HAZEL R. CCLR File NO. 11-2313R/S RENAUD, HM vs. SHREE SAI SIDDHI, LLC COUNSEL RETURN PAGE I have received the Notice of Records Reproduction Request dated 3/14/2011 regarding records in the custody of (see attached subpoena(s)) and respond as follow: (1) COPIES yes / no I would like a copy of the records in question sent to me, and agree to pay the price noted in the Notice of Records Reproduction Request. (2) 1 would like copies of X-Rays sent to me. (3) OBJECTION yes / no In accordance to rules governing civil procedure a copy of date/time stamped filing needs to be sent to Center City Legal Reproductions prior to 3/14/2011. Failure to do so shall serve as an agreement that the records reproduction s- service should proceed with the records collection process. 5x `' (4) 1 would like to look at the records at a Center City location before yes / no deciding whether to order a copy. 2011 Copy Fees/Per Location Administrative Fee $17.00 Pages 1-20 $.95 Pages 21-60 $.65 Pages 61 & Above $.20 Date: Attorney for plaintiff(s) / defendant(s) BRENDAN LUPETIN, ESQUIRE PORTNOY & QUINN, LLC ONE OXFORD CENTRE 301 GRANT STREET 36TH FLOOR PITTSBURGH, PA 15219-6401 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL J. RENAUD AND HAZEL R. RENAUD, H/W VS SHREE SAI SIDDHI, LLC File No. 2006-02614 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: FRANK GATES SERVICE COMPANY - RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all workers' compensation records file from 12/9/2005 - 713112006, all medical records, payment log, any lien claims, any histories, intake forms, progress notes, claims of determination or claims of denial of coverage; Assessments, bills, films, pertaining to Michael J. Renaud. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with. the d6 e compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable 'cost-of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. "Q 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: 30111 IJ Seal of the Court Prothon rk, Civil Disposition Deputy. _ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL J. RENAUD AND HAZEL R. RENAUD, H/W VS SHREE SAI SIDDHI LLC File No. 2006-02614 BY THE COURT: SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: HEALTH SOUTH REHABILITATION CENTER - MEDICAL RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all medical records, including Films, reports, office notes, progress reports, doctors notes, charts, summaries, test results, lab tests, evaluations, etc., pertaining to Michael J. Renaud. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonabti ?ddsyof preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: -319111 Seal of the Court ?v A LL 4 1 Prothon erk, Civil Disposition Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MICHAEL J. RENAUD AND HAZEL R. RENAUD, H/W VS SHREE SAI SIDDHI, LLC File No. 2006-02614 SUBPOENA TO. PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: MAEFIELD DRIVER TRAINING - RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all records, including but not limited to patient histories, questionnaires, intake forms, office notes, evaluations, assessments, memoranda, and correspondence for all services pertaining to Michael J. Renaud. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable sv' of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT BY THE COURT: DATE: '3/'U// Seal of the Court U L- Prothono / rk, Civil Disposition A A, Deputy (Eff.7/97) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBE RLE.ND MICHAEL J. RENAUD AND HAZEL R. RENAUD, H/W VS SHREE SAI SIDDHI, LLC File No. 20062614 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR. DISCOVERY PURSUANT TO RULE 4009.22 TO: MIDDLESEX TOWNSHIP POLICE DEPARTMENT - RECORDS DEPT (Name of Person or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things Any and all Police incident report and/or investigation that followed, if any, and any/all statements of witnesses and their obsevations regarding a reported slip and fall on or about December 09,2005 and December 10, 2005, pertaining to Michael J. Renaud. AT: CENTER CITY LEGAL REPRODUCTIONS, INC (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certif. gate compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost, of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving is subpoena may seek a court order compelling you to comply with it. THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON: NAME:BARRY KRONTHAL, ESQUIRE ADDRESS: CENTER CITY LEGAL REPRODUCTIONS, INC. 123 SOUTH BROAD STREET, SUITE PHILADELPHIA, PA 19109 TELEPHONE: 215-732-1177 SUPREME COURT ID# ATTORNEY FOR: DEFENDANT DATE: 14111 Seal of the Court BY THE COURT: Protho lerk, Civil Disposition ?eptty (Eff.7/97) f c-? C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTXW PENNSYLVANIA c,!? A -C ? MICHAEL J. RENAUD and HAZEL R. CIVIL DIVISION RENAUD, his wife, rc NO: 2006 - 02614 Plaintiffs, vs. MOTION TO COMPEL DEPOSITION SHRI PARAS, INC., Defendant. JURY TRIAL DEMANDED FILED ON BEHALF OF: Plaintiffs c-:y G") U1 "S3 N w COUNSEL OF RECORD FOR THIS PARTY: Brendan B. Lupetin, Esquire Pa. I.D. #201164 PORTNOY & QUINN, LLC FIRM #724 One Oxford Centre 36th Floor Pittsburgh, PA 15219 412-765-3800 c:. -a r- MOTION TO COMPEL DEPOSITION AND NOW, comes the Plaintiff, above named, by and through her attorneys Brendan B. Lupetin, Esquire and the law firm of Portnoy & Quinn, LLC with the following Motion to Compel Deposition directed to Defendant, above - named, where the following is a statement: 1. The within action arises out of an incident that occurred on December 10, 2005 at around 11:30 p.m. wherein Husband Plaintiff was caused to slip, fall and injure himself as a result of an alleged excessive accumulation of ice and snow on the defendant's property. 2. Following the filing of a complaint, the Plaintiff s filed interrogatories with the defendant. 3. On or about January 29, 2009, the plaintiffs received responses to the discovery requests from the defendant. In its responses to interrogatories, the defendant identified Chandu Panchal as the manager of the defendant's property at the time of plaintiff husband's fall. 4. By letters dated June 13th, June 17th, and July 5th, 2011, counsel for plaintiffs requested of the defendants dates upon which Mr. Panchal would be available for deposition. 5. To date, plaintiff s counsel has not yet received a response from the defendant. The defendant has indicated that it intends to file a Motion for Summary Judgment as to the issue of the Hills and Ridges Doctrine but have indicated that it will not do so until plaintiffs indicate that their discovery in this case is concluded. 6. Plaintiffs' discovery in this case cannot be concluded until the deposition of Mr. Panchal is taken. 7. The failure and refusal of the Defendant to respond to plaintiffs' Request for Deposition of Mr. Panchal is without reason, basis, justification or legal excuse and without prior approval from the Court. 8. Without responses from Mr. Panchal, the plaintiffs will be prejudiced in their ability to engage in further discovery, if necessary, and their ability to prepare the case for trial. 9. Attached hereto are true and correct copies of the letters requesting the deposition of the defendant's agent on or about the dates herein stated. WHEREFORE, the plaintiffs respectfully request that this Honorable Court enter an Order directing the defendant to provide dates within the next thirty (30) days upon which Mr. Panchal will be available for a deposition under oath and, if the said defendant fails to do so, to enter such sanctions as the Court shall deem appropriate under the circumstances. Respectfully submitted, i PORTNOY & QUINN, LLC . • CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the within Motion to Compel Deposition was forwarded to the following individual this day of August 2011 via U. S. Mail, first-class, postage prepaid: Barry A. Kronthal, Esquire Margolis, Edelstein 3510 Trindle Road Camp Hill, PA 17011 PORTNOY & QUINN, LLC BY: 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MICHAEL J. RENAUD and HAZEL R. RENAUD, his wife, Plaintiffs, vs. SHRI PARRS, INC., Defendant. CIVIL DIVISION rrnca No: 2006-02614 == -y O ER AND NOW, to-wit, this day y of August, 2011, it is hereby ORDERED, ADJUDGED and DECREED that Defendant shall provide dates upon which Mr. Panchal is available for deposition under oath within thirty (30) days of the date of this Order. If the said Defendant shall fail to do so, they are subject to those sanctions which the Court deem appropriate under the circumstances. BY THE COURT, Brendan B . Lope+in, bt OOP 811015? ? Boar Krontw , 6 rh ED OF" SIC PROTHONO fl ;`' 2012 JAN 19 AM 11 : 2 6 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HAZEL R. RENAUD, individually, and as, ADMINISTRATOR OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED, on behalf of the Estate of MICHAEL J. RENAUD, Deceased, Plaintiffs, CIVIL DIVISION NO: 2006 -- 02614 NOTICE OF SERVICE FILED ON BEHALF OF: Plaintiffs COUNSEL OF RECORD FOR THIS PARTY: VS. SHREE SAI SIDDHI, LLC., Defendant. Brendan B. Lupetin, Esquire Pa. I.D. 201164 JURY TRIAL DEMANDED 412-765-3800 PORTNOY & QUINN, LLC FIRM #724 3 Gateway Center, Suite 2325 Pittsburgh, PA 15222 j NOTICE OF SERVICE The undersigned does hereby certify that a Notice of Deposition was forwarded to the following individual this 16th day of January, 2011, via U. S. first-class, postage prepaid: Barry A. Kronthal, Esquire Margolis, Edelstein 3510 Trindall Road Camp Hill, PA 17011 PORTNOY & OUINN, LLC. BY BARRY A. KRONTHA L, ESQUIRE ; ! L E O ` r ? ` > Pa. Supreme Court I.D. No. 55672 u3° } `i RDTItE}NflTA?, Y MARGOLIS EDELSTEIN ?f2? _? AM f0? 53 3510 Trindle Road Camp Hill, PA 17011 CUMBERLAND COUNTY Telephone: (717) 975-8114 PENNSYLVANIA Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com Attorneys for Defendant File#23150.0-00011 HAZEL R. RENAUD, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED AND HAZEL R. RENAUD, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED, ON BEHALF OF THE NEXT OF KIN OF MICHAEL J. RENAUD, DECEASED RENAUD, HUSBAND AND WIFE VS. SHREE SAI SIDDHI, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 2006-02614 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO FILE DEPOSITION TRANSCRIPT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly file the deposition transcript of Hazel R. Renaud, in the above-captioned matter Respectfully DATE: _ . ;? Q (a ELSTEIN BY: Barry A.`Wr nthal, Esquire PA Supreme Court ID No. 55672 Attorneys for Defendant, Shree Sai Siddhi, LLC 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Fax: (717) 975-8124 Original Transcript IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL J. RENAUD and HAZEL R. RENAUD, his wife, Plaintiff(s), VS. SHRI PARAS, INC., Defendant(s). ------------------------------- DEPOSITION OF HAZEL R. RENAUD April 26, 2011 11:03 a.m. Quality Inn, Route I-80 Milesburg, Pennsylvania Dana Fischer, RPR, a Notary Public in and for the Commonwealth of Pennsylvania .r ESQUIRE aCompany CIVIL DIVISIN No.:2006-026 4 Toll Free: 800.3-5.4940 Facsimile: 215.9 8.1843 Sui a 1210 1600 John F. Kenn dy Blvd Philadelphia P 19103 www.esquiresolutiOns.com Hazel R. Renaud ril 26,, 2011 1 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MICHAEL J. RENAUD and HAZEL R. RENAUD, his wife, Plaintiffs, VS. SHRI PARAS, INC., Defendant. )CIVIL DIVISION )No.:2006-02614 Deposition of HAZEL R. RENAUD Tuesday, April 26, 2011 The deposition of HAZEL R. RENAUD, called as a witness by the Defendant, pursuant to notice an the Pennsylvania Rules of Civil Procedure pertaining to the taking of depositions, taken before me, the undersigned, Dana Fischer, RPR, a Notary Public in and for the Commonwealth of Pennsylvania, at the Quality Inn, Route I-80, Milesburg, Pennsylvania 16853, commencing at 11:03 a.m., the day and date above set forth. Toll Free: 800.345. 940 Facsimile: 215.988. 843 ESQ DIRE Suite 210 1600 John F. Kennedy Blvd Philadelphia, PA 1 103 an Alexander Gallo Company www.esquiresolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Hazel R. Renaud April 26, 2011 2 APPEARANCES: On behalf of the Plaintiffs: BRENDAN LUPETIN, ESQUIRE PORTNOY & QUINN One Oxford Centre 36th Floor Pittsburgh, Pennsylvania 15219 On behalf of the Defendant: BARRY KRONTHAL, ESQUIRE MARGOLIS EDELSTEIN 3510 Trindle Rd Camp Hill, Pennsylvania 1701 0 ESQUIRE an Alexander Gallo Company Toll Free: 800.345. 940 Facsimile: 215.988. 843 Suite 210 1600 John F. Kennedy Blvd Philadelphia, PA 1 103 www.esquiresolutions com Hazel R. Renaud April 26,,2011 3 1 I-N-D-E-X P-A-G-E 2 HAZEL R. RENAUD i 3 EXAMINATION BY: PAG : 4 Mr. Kronthal 4 5 6 7 DEPOSITION EXHIBITS MARKED PAG 8 1 - Timeline 10 9 2 - Photographs 29 10 (Exhibit 2 Retained by Counsel) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Toll Free: 800.345 4940 Facsimile: 215.988 1843 t 210 A 1600 John F. Kenned ESQUIRE Blvd ,P Philadelphia, PA 9 9103 an Alexander Gallo Company www.esquiresolutionl .com Hazel R. Renaud ril 26,, 2011 4 1 HAZEL R. RENAUD, 2 having been first duly sworn, deposed as follow: 3 - - - 4 5 MR. KRONTHAL: Before we begin, I'll put 6 on the record, counsel has handed me a diary this 7 morning. I've not seen this before, therefore, 8 we've agreed that to the extent I have any 9 additional questions based upon my review of th 10 diary, we'll reconvene the Plaintiff's deposition 11 for that reason by phone. 12 Is that agreeable? 13 MR. LUPETIN: Yes, it is. 14 DIRECT EXAMINATION 151 BY MR. KRONTHAL: 16 Q Ma'am, my name is Barry Kronthal. I 17 represent the Defendant. I'll be asking you 18 questions today concerning the in cident that 19 happened on December 10th, 2005. If at any tim 20 you don't hear or understa nd a qu estion I've 21 asked, pl ease ask me to repeat it and I'll do s ; 22 okay? 23 A Okay. 24 Q I'll ask that you please verbalize you 251 answers as opposed to nodding your head or 0 ESQUIRE an Alexander Gallo Company Toll Free: 800.345. 940 Facsimile: 215.988. 843 Suite 210 1600 John F. Kennedy Blvd Philadelphia, PA 1 ?103 www.esquiresolutions com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Hazel R. Renaud April 26,? 2011 5 shrugging your shoulders, so the court reporter can accurately take down what you say; okay? A Okay. Q If at any time you want to stop the deposition for any reason, to go to bathroom, ge a drink, or speak to your counsel, please let me know and we will stop the deposition for that reason. A Okay. Q If you go ahead and answer a question I have asked, I'll assume you heard the question, understood the question, and answered truthfully Is that fair? A Yes, it is. Q Would you please state your full name a d address for the record. A Hazel Renaud; 106 Meadow Street, Snow Shoe, Pennsylvania 16874. Q How long have you lived there? A I lived in Snow Shoe all my life. Q At that address? A Since 1974. Q Who have you resided there with since 1974? A My husband, Michael. ESQUIRE an Alexander Gallo Company Toll Free: 800.34544940 Facsimile: 215.98811843 Suite 1210 1600 John F. Kenned Blvd Philadelphia, PA 9103 www.esquiresolution .com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Hazel R. Renaud April 26, 2011 6 Q Anyone else? A My mother moved in with us five years) ago. Q Is she still alive? A Yes, she is. Q Her name? A Ella Marie Hall. Q Anyone else who has resided with you that address since 1974? A No. Q Do you have any children? A No. Q Is that your only marriage, to Mr. Renaud? A Yes. Q Did he have any other children? A No. Q What's your educational background? A I graduated from high school in 1968. Then I went to Computer Educational Institute Philadelphia for computer programing. Q Did you get a degree? A No. Q When was that? A That was in 1969. ESQUIRE an Alexander Gallo Company t n Toll Free: 800.3450940 Facsimile: 215.988.11843 Suite 1210 1600 John F. Kennedy Blvd Philadelphia, PA 1 103 www.esquiresolutions.com Hazel R. Renaud it 26, 2011 7? 1 Q Any other education or training beyond 2 that? 3 A No. 4 Q Are you currently employed? 5 A Yes. 6 Q What do you do? 7 A Production scheduler and inventory 8 control. 9 Q Where do you work? 10 A Show Shoe Refractory. 11 Q What do you do there specifically? 12 A I do the production scheduling. I orde r 13 raw materials. I'm in charge of all the 14 inventory, raw material and finished goods. 15 Q What do they make there? 16 A Fire brick for the steel industry mainl y. 17 Q How long have you worked there? 18 A 42 years. 19 Q Where was your husband last employed? 20 A Susquehanna Transit. 21 Q Where was that located? 22 A Avis, Pennsylvania. 23 Q What is Susquehanna Transit? 24 A It's a motor coach company. They do bu 1 25 tours. He did a lot of business with colleges a c Toll Free: 800.345 4940 Facsimile: 215.988 1843 Suite 1210 IRE ESQU 1600 John F. Kenned Blvd Philadelphia, PA 9103 a nder Gallo Company ny www.esquiresolutioni. com Hazel R. Renaud 11 transporting sports teams. it 26,; 2011 8 i 2 Q How long did he work for them? 3 A I don't remember when he started there. 4 Q Do you know approximately when? 5 A No, I don't. 6 Q When did your husband pass away? 7 A March 20th, 2009. 8 Q What did he die from? 9 A I don't know the answer to that. I 10 believe the death certificate said heart attack, 11 but there was no autopsy. I did not have an 12 autopsy. 13 Q It said what? I'm sorry. 14 A Heart attack. 15 Q You don't know approximately how many 16 years he worked at Susquehanna Transit? 10? 20. 17 A It wasn't that long. I'll say 7, but I 18 don't know that. 19 Q Where did he work prior to that? 20 A Manson's Bus Company. 21 Q Where is that located? 22 A It was in Bellefonte, but they closed u r . 23 Q Was that his reason for leaving? 24 A Yes. 25 Q What did he do for them? ESQUIRE an Alexander Gallo Company Toll Free: 800.345. 940 Facsimile: 215.988. 843 Suite 210 1600 John F. Kennedy Blvd Philadelphia, PA 1P103 www.esquiresolution com Hazel R. Renaud ril 26,; 2011 9 1 A He was a motor coach driver. 2 Q Was he full-time there? 3 A He was considered part-time, but he 4 worked 40 hours a week. 5 Q What about Susquehanna Transit? 6 A Same there. 7 Q Considered part-time, but worked 40 hou 8 or more a week? 9 A Yes. 10 Q What was his earning at Susquehanna 11 Transit ? 12 A I'm guessing 25,000 a year, maybe more. 13 Q How long did he work for Manson? 14 A I believe he started in 1991. 15 Q Until? 16 A I don't know, but he went directly from 17 Manson to Susquehanna. 18 Q Where did he work before Manson? 19 A He was a mechanic at Executive 20 Automot ive. 21 Q Where is that located? 22 A Bellefonte. 23 Q How long was he there? 24 A I don't remember. 25 Q More than ten years or less than ten ESQUIRE an Al ex. nder Gallo Company s Toll Free: 800.34514940 Facsimile: 215.988J1843 Suite 1210 1600 John F. Kennedy Blvd Philadelphia, PA 9103 www.esquiresolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Hazel R. Renaud years? April 26,, 2011 10 i A I'd say ten years. I don't know, but i he's been a mechanic ever since we were married Q What was your date of marriage? A May 16th, 1970. Q Other than what your counsel gave you, you have other documents in front of you. What are those? A This is just a timeline of the events from the date of the incident until the time he was able to go back to work. Q Am I able to take a look at that? A Sure. MR. KRONTHAL: If we can get this mark d as Exhibit 1, do you want to retain this and make a copy and give it to the court reporter. MR. LUPETIN: That's fine. (Renaud Exhibit No. 1 marked for identification, attached hereto.) BY MR. KRONTHAL: Q For the record, you've provided to me what you described as a chronology from the dat of the incident until the time he was able to work, which goes from December 10, 2005, to June 14th, 2006, is that correct? ESQUIRE an Alexander Gallo Company Toll Free: 800.3454940 Facsimile: 215.988.1843 Suite 1210 1600 John F. Kennedy Blvd Philadelphia, PA 9103 www.esquiresolutions.com Hazel R. Renaud April 26,, 2011 11 1 A Yes. 2 Q This incident, I think as you stated 3 there and as we talked about before, happened on 4 December 10th, 2005, is that correct? 5 A That's correct. 6 Q I'm going to ask you a series of 7 questions today concerning your husband's medical 8 condition prior to December 10th, 2005. 9 Prior to December 10th, 2005, had your 10 husband ever been hospitalized for any reason? 11 A Yes. 12 Q Can you tell me what, where, and for wha t 13 reason? 14 A In 1990 he was admitted to the hospital 15 in State College. It was Mount Nittany Medical 16 Center. He had a heart attack. He was later 17 transported to Danville Hospital -- Geisinger 18 Hospital in Danville. 19 Q Any other hospitalizations prior to 20 December 10th, 2005? 21 A Not while we were married. I don't know 22 of anything prior to that. 23 Q Prior to December 10th, 2005, had your 24 husband ever suffered from a stroke? 25 A No. Toll Free: 800.345 4940 Facsimile: 215.988 1843 Suite 1210 1600 John F. Kenned ESQUIRE Blvd Philadelphia, PA 9103 an Alexander Gallo Company www.esquiresolution .com Hazel R. Renaud ril 26,, 2011 12 i 1 Q Prior to December 10th, 2005, had your 2 husband ever been seen by a neurologist or 31 neurosurgeon? 4 A No. 5 Q Prior to December 10th, 2005, did your 6 husband ever sustain any injury to or complain o 7 any types of headaches -- strike that. 8 Prior to December 10th, 2005, had your 9 husband ever suffered any trauma injury to his 10 head or neck? 11 A No. 12 Q Prior to December 10th, 2005, did your 13 husband ever suffer from any headaches or 14 complaints of pain in his head on a regular basic'? 15 A No. 16 Q Prior to December 10th, 2005, did your 17 husband ever undergo any CT scans, MRIs, or x-rays 18 for any reason? 19 A Yes. 20 Q Can you tell me where, when, and for wh t 21 reason? 22 A He was diagnosed -- we went to the doctor 23 for breathing problems. He had a chest cold. 24 They did an x-ray, and in the process of doing 25 that, they found that he had arthritis. So then ESQUIRE an Alexander Gallo Company Toll Free: 800.3454940 Facsimile: 215.988 1843 Suite 1210 1600 John F. Kennedy Blvd Philadelphia, PA 9103 www.esquiresolutions.com Hazel R. Renaud April 26,j 2011 13 1 he went to a doctor for that and they did a full! i 2 body x-ray and they found an aortic aneurysm and i 3 he would have six-month MRIs for the aneurysm to 4 check the development to see if it was growing o 5 not. 6 Q No surgery? 7 A No. 8 Q Did that play any role in his death, do 9 you know? 10 A I have no idea. 11 Q What did they tell you, if anything, 12 about the aortic aneurysm? 13 A Most aneurysms are bulging on both side 14 and his was only bulging on one side. And it was, 15 not growing at any quick rate that surgery at th t 16 point in time was not necessary. 17 Q Did they tell you how or what could be 18 the result of the aortic aneurysm? 19 A The result? 20 Q Yes. 21 Could it kill him? Could it cause a 22 stroke? Could it cause confusion? Could it cause 23 dizziness? 24 A It did not have any symptoms unless it 25 burst or broke, and then it would be severe pain 0 ESQUIRE an Alexander Gallo Company Toll Free: 800.345 4940 Facsimile: 215.988 1843 Suite 1210 1600 John F. Kenned Blvd Philadelphia, PA 9103 www.esquiresolution •.com Hazel R. Renaud April 26,, 2011 i 14 1 And if he did not get to the doctor in time, it 11 2 could kill him. 3 Q Other than that, no symptomatology? 4 A No. 5 Q Prior to December 10th, 2005, had he ever 6 undergone any surgeries? 7 A No. 8 Q Prior to December 10th, 2005, had he ev r 9 been involved in any automobile accidents or any 10 other type of motor vehicle accidents? 11 A When he was going to Penn Tech College, 12 and I did not know him at the time, he had a car 13 accident. 14 Q Was he hurt in that accident? 15 A I don't know that. 16 Q Any other automobile or motor vehicle 17 accidents prior to December 10th, 2005? 18 A I know when we were in Florida on a bus 19 trip -- I don't know if you consider this an 20 accident or not, but he backed into an awning. 21 But that's the only thing that I can think of. 22 Q Prior to December 10th, 2005, was he eV Er 23 involved in any accidents while driving the Buse,-? 24 A The accident with the awning in Florida. 25 Q Anything else? ESQUIRE an Alexander Gallo Company Toll Free: 800.345940 Facsimile: 215.988. 843 Suite 210 1600 John F. Kennedy Blvd Philadelphia, PA 1 103 www.esquiresolutions com Hazel R. Renaud ril 26,, 2011 15 1 A Not that I recall. 2 Q Prior to December 10th, 2005, did he 3 suffer from any serious illnesses, diseases, or 4 injuries? And by that, I mean, something more 5 than the common cold, something that lasted for 6 two weeks or longer. 7 MR. LUPETIN: Other than the aortic 8 aneurysm? 9 MR. KRONTHAL: Correct. 10 A Early on in our marriage he had kidney 11 stones. 12 BY MR. KRONTHAL: 13 Q Anything else? 14 A The heart attack in 1990. That's all I 15 can remember. 16 Q At the time of the incident was he taki 17 any medication on a regular basis? 18 A Yes, he took blood pressure medicine an 19 he had an inhaler that he used. 20 Q Anything else? 21 A He took some pain medication for his 22 knees. He had arthritis in his knees. And I 23 believe it was called Move Free. He took that o 24 a daily basis. 25 Q Anything else? ESQUIRE an Alexander Gallo Company Toll Free: 800.345J4940 Facsimile: 215.988 1843 Suite 1210 1600 John F. Kenned Blvd Philadelphia, PA 9103 www.esquiresolution?.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Hazel R. Renaud A Not that. I remember. Q Prior to December 10th, 2005, had he ev?r had any physical therapy for any reason? A After his heart attack he had therapy. Q Anything else? A No. Q Prior to December 10th, 2005, had he filed any other personal injury or worker's compensation claims of any kind? A No. Q Let's turn to the incident. When did you and how did you first hear about it? A The Hershey Medical Center called me at 2:45 i n the morning saying that my husband was i the hospital with a head injury. Q What did you do? A Immediately? Q Yes. A Asked if I could speak to him and they said, no, that I could talk to a doctor. I talk E d to the doctor and then the nurse came back on an said - - gave me directions on how to get there. Q What did the doctor tell you? A He said that he had sustained a he ad 0 ESQUIRE an Alexander Gall, Company Toll Free: 800.345. 940 Facsimile: 215.988.1843 Suite 210 1600 John F. Kennedy Blvd Philadelphia, PA 1 103 www.esquiresolutions.com ril 26, 2011 16 Hazel R. Renaud April 26, 2011 171 1 injury and that he was in, I believe they said, 2 critical condition. t 3 Q Did they tell you how? 4 A No -- well, they said he fell on ice in a 5 parking lot. 6 Q The doctor told you that? 7 A Yes. 8 Q Was he conscious or unconscious? 9 A At that point the doctor said he was 10 conscious. 11 Q Did you speak to him on the phone? 12 A My husband? 13 Q Yes. 14 A No. 15 Q So you went down to the hospital? 16 A Yes. 17 Q Did you get there that same day? 18 A Yes. 19 Q Did you speak to him at all that day? 20 A My husband? 21 Q Yes. 22 A Yes, I did. 23 Q What did he tell you? 24 A I walked into the room and he was -- he 25 had his eyes closed and tubes hooked up to him a d ESQUIRE an Alexander Gallo Company Toll Free: 800.3454940 Facsimile: 215.988 1843 Suite 1210 1600 John F. Kenned Blvd Philadelphia, PA 9103 www.esquiresolution .com Hazel R. Renaud it 26,; 2011 18 1 he looked at me and said, I want out of here nowa 2 And with that, he closed his eyes and that was it- 3 He did not say anything more. 4 Q He didn't tell you what happened? 5 A No, he was in and out of it. 6 Q Did you stay there the whole time that e 7 was in the hospital? 8 A No, I would come back periodically to di 9 some work at the office and then I would go back 10 down, but I would be home for maybe a day to a day 11 and a half and then go back. 12 Q From your notes, it looks like he was 13 there from December 10th through the 26th, is th t 14 correct? 15 A That's correct. 16 Q How did he progress during that time 17 period? 18 A For several days he would sleep most of 19 the time. He had very restless nights. He kept 20 trying to pull the tubes -- not the feeding tube , 21 but the IVs in his arms. He kept trying to pull 22 them out; they had to restrain him. 23 When he did get awake, he didn't want t 24 eat and there were days when he refused to eat. 25 Eventually, he refused to take medication. ESQUIRE an Alexander Gallo Company Toll Free: 800.345. 940 Facsimile: 215.988.1843 Suite 1210 1600 John F. Kennedy Blvd Philadelphia, PA 1 103 www.esquiresolutions.com Hazel R. Renaud ril 26,, 2011 19 1 Q You're talking while he was still at 2 Hershey Medical Center? 3 A Yes. 4 Q Anything else? 5 A He was very, very stubborn. He just 6 wanted out of there. Mick hated hospitals in the 7 first place, but he wanted out of there. 8 Q Did he ever discuss with you while you 9 were in the hospital what had happened? 10 A He told me that he had gone back to the 11 bus to get -- let one of the students in to get 12 jacket or a hat or something. I don't remember 13 what it was. He had called me that night asking 14 me to make sure I would call him in the morning to 15 make sure he was up to take the kids to the 16 basketball game. He was in the bus at that time 17 and said that -- he had told me at that point that 18 the parking lot was awful. And when we were in 19 the hospital then, he remembered that he had gon 20 to the bus, he remembered calling me, and he said 21 that he was getting off of the bus and that's the 22 last thing he remembered until he was in the 23 hospital. 24 Q So in the hospital he told you the last 25 thing he remembered was getting off the bus? 0 ESQUIRE an Alexander Galin Company Toll Free: 800.345 4940 Facsimile: 215.988 1843 Suite 1210 1600 John F. Kenned Blvd Philadelphia, PA 9103 www.esquiresolutionl.com Hazel R. Renaud April 26, 2011 20 1 A Yes. j i 2 Q You said the parking lot -- he told youj 3 the parking lot was awful. 4 When was that? 5 A He had called me twice. He normally 6 called me when he arrived at the destination, an 7 that was earlier in the day. I don't remember the 8 time, but it was earlier in the evening. And he 9 said that that parking lot was just a sheet of ice 10 and he told all of the kids to be careful when 11 they got off the bus. He, again, told me when h 12 called me around 11 o'clock that night that the 13 parking lot was still bad and that they had not 14 touched it. 15 Q Did he say anything else about the 16 parking lot? 17 A No. 18 Q Did he tell you whether he complained a 19 all to anyone? 20 A No, he did not tell me that. 21 Q Did he say that anyone had tripped and 22 fallen? 23 A No, he did not tell me that. 24 Q But in the hospital the last thing he 25 remembered was getting off the bus? 0 ESQUIRE an Alexander Gallo Company Toll Free: 800.345940 Facsimile: 215.988 1843 Suite 1210 1600 John F. Kennedy Blvd Philadelphia, PA 1 103 www.esquiresolutions.com Hazel R. Renaud April 26, 2011 21 1 A Yes. 2 Q Then, I assume from looking at Exhibit, i 3 that lists all of the health care providers he 4 went to, is that correct? 5 A Yes. 6 Q Let's go from the time that he was 7 discharged from the hospital, December 26th, 2005, 8 up through March of 2006, when, according to you 9 notes, he did a pre-driver's test. 10 How did he fare during that three-month 11 time period? 12 A As far as what? 13 Q His condition. 14 Was he getting better or worse? What 15 were his complaints or his problems? 16 A When he first came home he was very 17 wobbly on his feet. He'd have to hold on to 18 things as he moved through the house. His 19 appetite was good and he started taking his 20 medication. As I said before, when he was in th 21 hospital he refused to take medication. He went 22 back to normal as far as that goes. He slept a 23 lot. He would call people at all hours of the 24 night as if he had no concept of time because he 25 would call my niece in Georgia and my brother an 0 ESQUIRE an Alexander Gallo Company Toll Free: 800.34514940 Facsimile: 215.98811843 Suite 1210 1600 John F. Kenned Blvd Philadelphia, PA 9103 www.esquiresoiution!.com Hazel R. Renaud April 26, 2011 22 1 my sister and talk to them at all hours of the 2 night. 3 Q Was he getting better during that 4 two-month time period, the same, or worse? 5 A Physically, he was getting better to th 6 point where he eventually was well enough to go to 7 work, but I think his personality was maybe 8 magnified. He was naturally a stubborn person, 9 but I've never seen him that stubborn before. 10 Q Was he complaining of pain or problems 11 anywhere during that two-month time period? 12 A No. 13 Q How was his memory? 14 A He didn't remember a lot of what happen Ed 15 in the hospital, but he remembered things that 16 happened prior to the accident. 17 Q Other than his memory, is it fair to 18 state that other than his memory being weak with 19 regard to what happened in the hospital, 20 memory-wise he was okay? 21 A Yes. 22 Q Did he discuss with you at any point that 23 he remembered anything else about the accident 24 other than the last thing he remembered was 25 getting off the bus? ESQUIRE an Alexander Gallo Company Toll Free: 800.345.940 Facsimile: 215.988h843 Suite 210 1600 John F. Kennedy Blvd Philadelphia, PA 1 103 www.esquiresolutions.com Hazel R. Renaud ril 26 2011 23 1 A No. 2 Q What was his diagnosis at this point 3 during the first two months? 4 A The way it was explained to me was when 5 he fell on the ice and hit the back of his head, 6 his brain flew forward and hit the front of his 7 skull and there was swelling in there. The fact 8 that he was laying on the ice for so long helped 9 because it reduced the bleeding in his brain. 10 Q Did they have to do any brain surgery? 11 A No, they did not. 12 Q What was the prognosis? 13 A By whom? 14 Q Within the first two months did they te ll 15 you he was going to get back to normal or he was 16 going to always have problems? 17 A They told me brain injuries are a funny 18 thing, a strange thing. More than likely it woul d 19 take 6 to 8 months for him to even get back to 20 being somewhat normal, but time would tell. Ther e 21 were no guarantees. 22 Q Then I see from March 3rd through 23 June 14th it looks like he was continuing to get 24 better; and then he eventually took his drivers 25 test and got the ability to go back to driving 0 ESQUIRE an Alexander Gallo Company Toll Free: 800.345 4940 Facsimile: 215.988 1843 Suite 1210 1600 John F. Kenned Blvd Philadelphia, PA 9103 www.esquiresolution$.com Hazel R. Renaud 11 buses? ril 26,I 2011 24 2 A That's correct. i 3 Q From March 3rd through June 14th you 4 mentioned that his personality changing was more 5 stubborn. 6 Did that get better? 7 A No. 8 Q Were there any other personality changes 9 that you noticed that you attribute to the 10 incident? 11 A He didn't seem to care about much. It 12 was a struggle to get him to bathe. He didn't 13 want to do that anymore. When it came time for 14 him to go out on a trip, he was fine; he would 15 take care of himself. But if he was just sitting 16 at home for a couple of days, he didn't want to 17 shave. He didn't bathe. He just didn't seem t 18 care. 19 Q That was different than his -- 20 A Oh, yes. 21 Q Any other personality changes that you 22 saw after the accident? 23 A He didn't want to partake in family 24 functions anymore. 25 Q Such as? ESQUIRE an Alexander Gall, Company Toll Free: 800.345. 940 Facsimile: 215.988. 843 Suite 210 1600 John F. Kennedy Blvd Philadelphia, PA 1P103 www.esquiresolution com Hazel R. Renaud ril 26, 2011 25 1 A At Christmas holidays he would kind of 2 sit off to the side while the rest of the family 3 got together. He didn't attend his nieces's 4 school functions anymore. He used to like to go 5 shopping. He would drive me to the shopping mall 6 and he would sit in the parking lot and wait for 7 me. He didn't -- it's not that he never went in, 8 but very seldom would he go in. 9 Q Any other changes? 10 A Not that I can remember right now. 11 Q Were there any complaints of pain of an) 12 kind? 13 A Just his typical or normal arthritis 14 pains in his knees; that type of thing. 15 Q Anything other than that? 16 A No. 17 Q Was there any -- you had indicated the 18 only memory problems he had earlier in his 19 recovery was for what happened in the hospital. 20 Did that get better, the same, or worse 21 with respect to his memory? 22 A He didn't remember until the day he die 23 everything that happened in the hospital or with 24 the accident. 25 Q Other than that, was his memory intact s 0 ESQUIRE an Alex, nder Gallo Company Toll Free: 800.345J4940 Facsimile: 215.98811843 Suite 1210 1600 ]ohn F. Kenned Blvd Philadelphia, PA 9103 www.esquiresolutionE.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 Hazel R. Renaud far as you were concerned? i A Yes. I Q Is it your testimony that up until the day he died he never recalled exactly what happened to him in the accident? He remembered getting off the bus and that was the last thing? A That's correct. Q It indicates here he had a neuro-psych test on March 9th, 2006. What was the reason for that? Was that to enable him to go back to drive or -- A Someone told us we had to have it. I don't remember who. I don't know if it was worker's comp or -- Q That was related to him going back to work? A Yes. Q It says here that he had a drivers test on the 23rd, 27th, and 30th of June, is that correct? A Yes. Q Is that because he kept failing the test? A Yes, the parallel parking and he refuse to practice in between tests. Q Then what happened on July 14th? He ESQUIRE an Alexander Gallo Company Toll Free: 800.345. 940 Facsimile: 215.988. 843 Suite 210 1600 John F. Kennedy Blvd Philadelphia, PA 1 103 www.esquiresolutions com it 26„ 2011 26 Hazel R. Renaud ril 26, 2011 27 1 finally passed the test? 2 A Yes. 3 Q Did he go back to driving? 4 A Yes. 5 Q Did he have any problems at that point 6 from then on driving the bus? 7 A No. 8 Q No accidents? 9 A No. 10 Q No missed time from work or no coming 11 late for work because of anything you relate to 12 this incident? 13 A No. 14 Q Other than the personality changes that 15 we talked about, the memory issues that we talked 16 about, were there any other problems that your 17 husband had that you associate -- medical problem s 18 or symptoms that you associate to the 19 December 10th, 2005, incident? 20 A No. 21 Q He continued to work up until at or abou t 22 the most recent heart attack? 23 A He was getting ready to go on a trip th 24 day he died. 25 Q Did he ever have any complaints of work Toll Free: 800.345 4940 Facsimile: 215.988 1843 Suite 1210 1600 John F. Kenned ESQUIRE Blvd Philadelphia, PA 9103 an Alexander Gallo Company www.esquiresolution .com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Hazel R. Renaud ril 26,, 2011 281 Did he ever have any reprimands from work becaus he couldn't do his job or he was having problems A No. Q He continued to work for the Susquehann Transit company? A Yes. Q Did you ever have any discussion with anyone related to the Defendant about what happened? A His employer called me and asked about his progress and related stories that he had bee told about the accident. Q What did they tell you? A That he had been laying on the ice for long time before anyone found him. They said th someone had looked out the window and saw him laying there. I had heard a story that someone went to the lobby trying to get a telephone to call 911 and the person would not give him a telephone and whoever this person was reached behind the desk and pulled out the telephone to call 911. t Q Who told you that? A I don't know the answer. It was somebody that worked with him. I don't know who it would ESQUIRE an Alexander Gallo Company Toll Free: 800.34514940 Facsimile: 215-988J1843 Suite 1210 1600 John F. Kennedy Blvd Philadelphia, PA 9103 www.esquiresolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Hazel R. Renaud be. ril 26,1 2011 29 Q Worked with your husband? j A Yes. They sent me pictures that were taken the day after the accident. There were folks who were on the bus. Q Who sent you pictures? A Someone from Susquehanna Transit. It was the safety director. I don't remember his name. Dale-someone. I don't remember his last name. MR. KRONTHAL: I'm going to show you what we'll collectively mark as Exhibit 2. (Renaud Exhibit No. 2 marked for identification, attached hereto.) BY MR. KRONTHAL: Q I'm showing you a number of photographs that were produced by your counsel in discovery. Are these the photographs that were sen to you? A Yes, they are. Q You received these from his employer? A Yes. Q Do you know specifically whom at your husband's employer sent you these? A Dale-someone. I don't remember his las ESQUIRE an Alexander Gallo Company Toll Free: 800.3454940 Facsimile: 215.988 1843 Suite 1210 1600 John F. Kenned Blvd Philadelphia, PA 9103 www.esquiresolution??.com Hazel R. Renaud 11 name. it 26,i 2011 '1n 2 Q Do you know when these were taken? 3 A The day after the accident. 4 Q Were you told that by this Dale? 5 A Yes. 6 Q Did he tell you why he took the 7 photographs or -- strike that. 8 Did Dale take the photographs? 9 A I don't think so. I don't think he wen 10 to the hotel. 11 Q Do you know who went and took the 12 photographs? 13 A I know they sent a relief driver down. I 14 just assumed he was the one that took them, but 15 don't know that for sure. 16 Q Do you know who the relief driver was? 17 A No, I don't. 18 Q Did you ever speak with the relief 19 driver? 20 A No. 21 Q Did anyone ever show you on these 22 pictures where your husband fell? 23 A No. 24 Q Other than the conversations that you h d 251 with your husband's employer that we talked about., ESQUIRE an Alexander Gallo company Toll Free: 800.345. 940 Facsimile: 215.988.1843 Suite 1210 1600 John F. Kennedy Blvd Philadelphia, PA 1 103 www.esquiresolutions.com Hazel R. Renaud it 26,! 2011 31 1 did you ever speak with anyone from the Defendant, 2 about anything? 3 A No. 4 Q Is it Dale Friar? Does that -- 5 A Yes, that's the name. 6 Q Do you know a gentleman by the name of 7 Joseph Simon? Does that ring a bell with you? 8 A No. 9 Q Did you ever go and visit the site? 10 A No. 11 Q Did you ever talk to anybody who saw wh t 12 happened? 13 MR. LUPETIN: Object to form; that there C=' 14 is anybody that saw what happened. 15 BY MR. KRONTHAL : 16 Q Let me rephrase it. 17 Did anyone ever tell you they actually 18 saw what happened to your husband? 19 A See him fall? 20 Q Yes, see him fall. 21 A No, no one has ever said that. 22 Q Did you talk to any witnesses who saw hi m 23 just before or just after he allegedly fell? 24 A Recently, Mrs. Simon -- I don't know he 25 first name -- called and asked for my attorney's ESQUIRE an Alexander Gallo Company Toll Free: 800.3454940 Facsimile: 215.988 1843 Suite 1210 1600 John F. Kenned Blvd Philadelphia, PA 9103 www.esquiresolution .com Hazel R. Renaud it 26,, 2011 32 1 name and address because she wanted to talk to 2 him. At that point in time she said that she 3 remembered the parking lot being in awful 4 condition both the day of the accident and the d ELY 5 after the accident. 6 Q What else did she tell you, if anything 7 A You mean, about the accident? 8 Q About anything she saw that day or 9 anything; anything she told you in that phone 10 conversation. 11 A She told me that someone tried to get a 12 blanket to put over my husband and the person in 13 the lobby would not give them a blanket. She di 14 tell me that. She later told me that she didn't 15 think Mick would have survived that accident. And 16 after Mick went back to work, her son was at 17 another college and Mick picked him up for a trip 18 and her son was very excited. As soon as he got 19 home, he had to call his mother and tell her that 20 Mick was alive and he was working again. 21 Q Did she tell you anything else? 22 A We talked about some people that live i 23 the town I do, but other than that, that was it. 24 Q Is that the only time you spoke with he ? 25 A During Mick's recovery there were peopl 0 ESQUIRE an Alexander Gallo Company Toll Free: 800.345. 940 Facsimile: 215.988.1843 Suite 1210 1600 John F. Kennedy Blvd Philadelphia, PA 1P103 www.esquiresolution?.com Hazel R. Renaud April 26,;, 2011 331 1 that called to see how he was and I have no idea 2 who they were. I didn't know them then and I 3 don't remember who they were, but they would cal 4 just to see how he was. 5 Q Did you ever speak with a Melinda Conly 6 A She may have been one of those pe ople 7 that called. He would get cards and phone calls 8 but I don't know who they were. 9 Q When was the last time -- strike that. 10 In looking at your chronology of events 11 here, there's a January 30th, 2006, visit to a 12 Dr. F ick, a neurologist, to read the CT ex am, is 13 that correct? 14 A Yes. 15 Q What did he say when he read that? 16 A He said, you may never drive again. 17 Q Because -- 18 A I don't know. And Mick went ballistic 19 and he said, what do you mean I'll never drive 20 again. With that, I think he frightened the 21 doctor because the doctor wheeled back on his se t 22 and he said, don't yell at me; it wasn't my fault. 23 that you fell. There was a worker's comp nurse 24 present at the time. I don't recall what else the 25 doctor said. I know Mick left very discouraged t ESQUIRE an Alexander Gallo Company Toll Free: 800.3454940 Facsimile: 215.988 1843 Suite 1210 1600 John F. Kennedy Blvd Philadelphia, PA 9103 www.esquiresolutions.com Hazel R. Renaud ril 26, 2011 34 1 that point in time. j 2 Q There's then a February 20th, 2006, vis? t 3 to Dr. Allat at Health South. 4 Was he referred there by somebody? 5 A Yes, he didn't go there on his own. 6 Q What was the purpose of going there? 7 A I don't know if he was checking his moto r 8 skills and that type of thing. 9 Q March 2nd, 2006, there's a visit to a 10 Dr. Rueben Echemendia for a consultation. 11 What was that about? 12 A That was a neurological exam. 13 Q Was that at the request of worker's com 14 or based upon something you and your husband 15 sought out? 16 A Everything was based on worker's comp. 17 Q The worker's comp sent him to that 181 doctor? 19 A Yes. 20 Q When was the last treatment that your 21 husband had that was not required by the worker' 22 comp people? In other words, when was the last 23 time he went to a doctor because he felt he needed 24 to or you felt he needed to? 25 MR. LUPETIN: You mean, before or after 0 ESQUIRE an Alexander Gallo Company Toll Free: 800.345.;940 Facsimile: 215.988. 843 Suite 210 1600 John F. Kennedy Blvd Philadelphia, PA 1 ?103 www.esquiresolutions com Hazel R. Renaud 11 the incident? April 26, 2011 35 2 MR. KRONTHAL: After the incident. 3 A I don't know the date. I know he would 4 go on a regular basis for his aneurysm and it 5 seems to me that was in -- 6 BY MR. KRONTHAL: 7 Q Let me rephrase the question. 8 When was the last time that your husband 9 went to a health care provider because he wanted 10 to or you wanted him to because he or you relate 11 to the December 10th, 2005, incident as opposed to 12 going to a health care provider that the worker' 13 comp doctors wanted -- 14 A He never went to a doctor on his own du i5 to anything relating to that accident. 16 Q Other than Hershey Medical Center, which 17 she -- 18 A Exactly. 19 Q Every other doctor appointment was 20 scheduled to him by his worker's comp carrier? 21 A Yes. 22 Q Was he ever told that he would have to o 23 to a doctor to regain his drivers license, that e 24 would have to go through medical testing to rega n 25 his license? 0 ESQUIRE an Alexander Gallo Company Toll Free: 800.34514940 Facsimile: 215.988 1843 Suite 1210 1600 John F. Kenned Blvd Philadelphia, PA 9103 www.esquiresolution!.com Hazel R. Renaud ril 26, 2011 36 1 A Dr. Allat had to approve his being able' 2 to drive. They didn't take his license away unt?i 3 far into this episode. Dr. Allat is the one that 4 said, I'm going to have to report this to the 5 State. He said, hasn't anyone taken your licens . 6 And Mick said, no; and they hadn't. It was 7 Dr. Allat that notified the State. We then got 8 notification that his license was being revoked 9 and that Dr. Allat would have to approve and say 10 that he was capable of driving again. Then he had 11 to go to a lady in Pleasant Gap for drivers 12 training testing or something. I don't know where 13 that falls into the schedule there. 14 Q Other than what's listed on what we 15 marked as Exhibit 1, were there any other health 16 care provider visits other than what's listed 17 here? 18 A For this incident? 19 Q Yes. 20 A No. 21 Q Between the time of his discharge from 22 Hershey Medical Center on December 26th, 2005, and 23 the time that he was cleared on July 14th, 2006, 24 to go back to driving a bus, did he do any other 25 driving of his or your personal vehicles? ESQUIRE an Alexander Gallo Company Toll Free: 800.3454940 Facsimile: 215.988.1843 Suite 1210 1600 John F. Kennedy Blvd Philadelphia, PA 1 103 www.esquiresolutions.com Hazel R. Renaud ril 26,; 2011 37 1 A Yes, he did. 2 Q How many times did he drive? 3 A I don't know. He didn't at first. One 4 of the doctors said that he shouldn't drive for 5 'X' amount of days and he adhered to that. 6 Q Approximately between when and when was 7 he driving? 8 A Can I look at the -- 9 Q Absolutely. 10 A I know he was driving January 30th when 11 we went to see Dr. Fick, and he was driving 12 March 3rd. And I don't remember when the licens 13 was revoked. I don't know where that falls in 14 here. 15 Q Other than driving to -- I assume he 16 drove to those medical appointments that? Is tha t 17 what you're -- 18 A Yes. 19 Q What other types of driving would he do 20 during -- 21 A Just driving to my mother's house, whit 22 is two miles away from where we lived. Maybe 23 driving to State College, which is 20 minutes 24 away. But that was it. 25 Q Anything else? ESQUIRE an Alexander Gallo Company Toll Free: 800.345.{4940 Facsimile: 215.988.11843 Suite 1210 1600 John F. Kennedy Blvd Philadelphia, PA 1 103 www.esquiresolutions.com Hazel R. Renaud ril 26, 2011 38 1 A Just local driving. 2 Q What's the farthest he drove? I 3 A I'll say State College, which is 4 30 miles. 5 Q Did he ever have any complaints or voic 6 any complaints to you that he wasn't able to driv e 7 or was having difficulty driving? 8 A No. 9 Q Did he ever get into any accidents or g t 10 any tickets or citations during that period of 11 time that he was arriving? 12 A No. 13 Q Was he required to take any medication 14 after he was discharged from the hospital for thi s 15 incident? 16 A No. 17 Q Who was his family doctor at the time o 18 the incident? 19 A Brent Osterling. 20 Q I see he's listed here. 21 A Yes. 22 Q Was he his family doctor before the 23 incident as well? 24 A Yes. 25 Q For how long? ESQUIRE an Alexander Gallo Company Toll Free: 800.345. 940 Facsimile: 215.988. 843 Suite 210 1600 John F. Kennedy Blvd Philadelphia, PA 1 103 www.esquiresolutions corn Hazel R. Renaud April 26, 2011 39 1 A 8/10 years. i 2 Q When he was discharged from the hospital , 3 were there things around the house that he used t o 4 do that he couldn't do anymore, other than what w e 5 already talked about? 6 A Not that he couldn't do. 7 Q Just that he didn't want to do? 8 A Yes. 9 Q Were there things he continued to do 10 around the house? 11 A Eventually he started cooking again. 12 When he was home, he would always cook our suppe . 13 He would take the garbage out. He would do the 14 maintenance work on our vehicles. 15 Q About how long after discharge from the 16 hospital did he start doing that stuff again? 17 A At least four months. 18 Q About early April of 2006? 19 A Yes. 20 Q Do you know a gentleman by the name of 21 Kerstetter? Does that ring a bell to you? 22 A Is that the coach? 23 Q I don't know. 24 A I don't know either. I know he had the 251 Bucktail basketball team on that trip. 0 ESQUIRE an Alexander Gallo Company Toll Free: 800.345. 940 Facsimile: 215.988. 843 Suite 210 1600 John F. Kennedy Blvd Philadelphia, PA 1P103 www.esquiresolutions com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Hazel R. Renaud ril 26,i 2011 40 Q Is that a high school? College? A It was either junior high or senior higl school. Q Where were they going? A It was either Hershey or Harrisburg maybe. It was in the Harrisburg area. That's all I know. Q With respect to your husband's recent death, was that just a -- was he in the hospital for a while? A No, it was very sudden. Q What hospital was he at when that happened? A He was at home. MR. KRONTHAL: I think that's all I hav . MR. LUPETIN: I have no questions. We'll read. (At 11:57 a.m. the deposition was concluded.) 0 ESQUIRE an Alexander Gallo Company Toll Free: 800.345.4940 Facsimile: 215.988.11843 Suite 1210 1600 John F. Kennedy Blvd Philadelphia, PA 1 103 www.esquiresolutions.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Hazel R. Renaud ril 26,E 2011 41 E R R A T A I, HAZEL R. RENAUD, have read the foregoing deposition given by me on Tuesday, April 26th, 2011, in the case of Renaud v. Paras This deposition should be corrected as follows: PAGE LINE ERROR/AMENDMENT AND REASO : Subject to these corrections, my testimony reads as given by me in the foregoing. Signed this day of IF 2011. ESQUIRE an Alexander Gallo Company Toll Free: 800.345.940 Facsimile: 215.9884843 Suite 1210 1600 John F. Kennedy Blvd Philadelphia, PA 1 103 www.esquiresolutions.com Hazel R. Renaud 1 COMMONWEALTH OF PENNSYLVANIA ) 2 COUNTY OF ) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 April 26,? 2011 42 On this, the day of 2011, before me a Notary Public, the undersigned officer, personally appeared HAZEL R. RENAUD, known to me to be th person whose name is subscribed to the within instrument, and acknowledge that HAZEL R. RENA executed the same for the purposes therein contained. In witness whereof, I have hereunto s my hand and official seal. My Notary Commission Expires: Notary Public 22 23 24 25 0 ESQUIRE an Alexander Gallo Company Toll Free: 800.345. 940 Facsimile: 215.988A843 Suite 210 1600 John F. Kennedy Blvd Philadelphia, PA 1 ?103 www.esquiresolutions com 1 I COMMONWEALTH OF PENNSYLVANIA ) 2 3 1 COUNTY OF ALLEGHENY SS: 4 I, Dana Fischer, RPR, do hereby certify that before me, a Notary Public in and for the 5 Commonwealth aforesaid, personally appeared The Witness, who then was by me first duly cautioned 6 and sworn to testify the truth, the whole truth, and nothing but the truth in the taking of his o 7 her oral deposition in the cause aforesaid; that the testimony then given by him or her as above 8 set forth was by me reduced to stenot ypy in the presence of said witness, and afterwards 9 transcribed by means of computer-aided transcription. 10 I do further certify that this depositi n 11 was taken at the time and place in the foregoing captioned specified, and was completed without 12 adjournment. 13 I do further certify that I am not a relative or employee or attorney or counsel of 14 either party, or otherwise interested in the eve of this action. 15 16 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal of office at 17 Pittsburgh, Pennsylvania. 18 19 _ CJ?00 ?A AN FISCHER, RPR 20 NOTARY PUBLIC 21 NOTARIAL SEAL 2 2 DANA FISCHER, RPR Notary Public 23 Cambria County My Commission Expires Feb 6, 2012 24 25 EXHIBIT DATE DESTINATION December 10, 2005 Admitted to Hershey Medical Center Decerrfber 26, 2005 Discharge from Hershey Medical Center Dr. Robert Harbaugh, M.D., FA.C.S., F.A.H.A Professor and Chair of Neurosurgery Department of Neurosurgery, H110 500 University Drive, P.O. Box 850 Hershey, PA 17033-0850 717-531-8807 January 4, 2006 Dr. Bret Osterling-PCP exam 819 East Bishop Street Bellefonte, PA 16823 814-355-9743 January 13, 2006 CT scan Mount Nittany Medical Center 1800 East Park Avenue State College, PA 16801 814-231-7000 January 30, 2006 Dr. Fick, neurologist-read CT exam Centre Medical and Surgical Associates 3901 South Atherton Street State College, PA 16801 814-466-2300 Feb-ruary 20, 2006 Dr. Allat, HealthSouth Rehabilitation Center-consultation 550 West College Avenue Pleasant Gap, PA 16823 814-359-5620 March 2, 2006 Dr.Ruben Echemendia, consultation 119 South Burrows Street Suite 707 State College, PA 16801 814-235-5588 March 3, 2006 Pre-drivers test & reflex test-HealthSouth Rehabilitation Center HealthSouth Rehabilitation Center 550 West College Avenue Pleasant Gap, PA 814-359-5630 March 9, 2006 Neuro psych test-at Dr. Echemendia-assistant George Lauch March 17, 2006 John Quinn, attorney-Altoona April 10, 2006 Dr. Allat, HealthSouth Rehabilitation-test results otal # of trips 11leage 1 8 920 Miles/One way 115 18 28 31 2 2 2 36 56 ( 62 2 44 2 60 22 30 2 44 2 60 2 118 2 44 22 30 59 22 2? DATE April 25, 2006 May 8. 2006 May 26, 2006 May 27, 2006 June 23, 2006 June 27, 2006 June 30, 2006 July 14, 2006 DESTINATION Driving test (car) Maefield Driver Training 210 Norle Street State College, PA 16801 814-238-2210 Bus driver's test at Susquehanna Transit WC released to work State required car drivers test (received letter) Driver's test Driver's test Driver's test Received letter from State saying he can drive TOTAL Miles/One way # of trips 28 2 48 32 32 32 Dtal eage 2 196 2 64 2 64 2 64 906 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document all counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania first-class postage prepaid, on the day o ';)?' 2012, and addressed as follows: John Quinn, Esquire Brendan Lupetin, Esquire Portnoy & Quinn, LLC 3 Gateway Center, Suite 2325 401 Liberty Avenue Pittsburgh, PA 15222 MARGOLIS EDELSTEIN ar ? n--. Carol Moose BARRY A. KRONTHAL, ESQUIRE FILED-OFFICE Cr TT" PROTHONOTARY tic Pa. Supreme Court I.D. No. 55672 MARGOLIS EDELSTEIN 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.co 2012JU -6 A''10: 53 CUMBERLf-'MD COUNTY Attorneys for PENNSYLVANIA Defendant m File#23150.0-00011 HAZEL R. RENAUD, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED AND HAZEL R. RENAUD, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED, ON BEHALF OF THE NEXT OF KIN OF MICHAEL J. RENAUD, DECEASED RENAUD, HUSBAND AND WIFE VS. SHREE SAI SIDDHL LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 2006-02614 CIVIL ACTION-LAW JURY TRIAL DEMANDED MOTION FOR SUMMARY JUDGMENT AND NOW, comes Defendant, Shree Sai Siddhi, LLC ("Defendant"), by and through counsel, Margolis Edelstein, and hereby files this Motion for Summary Judgment, pursuant to R.C.P. No. 1035.2, and avers the following in support thereof: 1. Plaintiffs, Hazel R. Renaud and Michael J. Renaud, husband and wife, collectively referred to as "Plaintiffs") commenced this personal injury action by filing a in Civil Action on or about May 1, 2006. A copy of Plaintiffs' Complaint is attached hereto, a part hereof and marked as Exhibit "A." 2. In their Complaint, Plaintiffs allege that Michael J. Renaud slipped and sustaining injury, as a result of snow and ice present in the parking lot at the hotel where Mr. was staying on December 10, 2005. 3. Defendant is the corporate entity which owns the hotel where Plaintiff was on or about December 10, 2005, the Roadway Inn located at 1239 Harrisburg Pike, Pennsylvania. 4. Specifically, Plaintiffs allege that Mr. Renaud, who was then employed as a bus with Susquehanna Transit, was exiting a school bus he had parked in Defendant's parking lot he slipped and fell. 5. On or about March 20, 2009, Mr. Renaud died of causes unrelated to the which is alleged in Plaintiffs' Complaint. Thereafter, Mrs. Renaud, was named as Executrix of husband's estate. 6. Pa. R.C.P. No. 1035.2, which deals with motions for summary judgment, states relevant part that: After the pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or.... Pa. R.C.P. No. 1035.2(1). 7. During the pendency of this action, the parties have engaged in discovery, the propounding and answering of written Interrogatories and Requests for Production and taking depositions of multiple witnesses and Plaintiff, Hazel R. Renaud (collectively to as "the Record") 2 8. As discussed in greater detail below, the record before this Honorable Court clearly establishes that Plaintiffs cannot, in any way, sustain their burden of proof of showing that *r. Renaud fell as a result of any act or failure to act on the part of Defendant. Therefore, summary judgment must be granted in Defendant's favor and against Plaintiffs, pursuant to Pa. R.C.P. No. 1035.2, as a matter of law. 9. Mr. Renaud was not deposed prior to his death in March of 2009. Furthermore, testified to by Mrs. Renaud at her deposition, her husband did not recall the ci surrounding the fall and could not specify how it occurred. 10. Specifically at her deposition, Mrs. Renaud testified, as follows: Q [Atty Kronthal]: Did he ever discuss with you while you were in the hospital what had happened? A [Mrs. Renaud]: ...And when we were in the hospital then, he remembered that he had gone to the bus, he remembered calling me, and he said that he was getting off of the bus and that's the last thing he remembered until he was in the hos ital. (Deposition of Mrs. Renaud N.T. 19) (emphasis added). A true and correct copy of the transcript of Mrs. Renaud will be filed as of record simultaneously herewith. 11. Mrs. Renaud further testified: Q [Atty Kronthal]: Was there any - - you had indicated the only memory problems he had earlier in his recovery was for what happened in the hospital. Did that get better, the same, or worse with respect to his memory? A [Mrs. Renaud]: He didn't remember until the day he died everything that happened in the hospital or with the accident. 3 Q [Atty Kronthal]: Other than that, was his memory intact as far as you were concerned? A [Mrs. Renaud]: Yes. Q [Atty Kronthal]: Is it your testimony that up until the day he died he never recalled exactly what happened to him in the accident? He remembered getting off the bus and that was the last thing? A [Mrs. Renaud]: That's correct. (Deposition of Mrs. Renaud N.T. 25-26) (emphasis added). 12. According to Ms. Renaud, her husband was unable to identify, from the date of 1 accident in December of 2005, through his death in March of 2009, the circumstances his fall. Moreover, there were no eyewitnesses to Mr. Renaud's fall. 13. Given that there were no eyewitnesses to Mr. Renaud's fall, it is axiomatic that only way Plaintiffs can establish their case is for Mr. Renaud to be able to testify what caused to fall. However, because Mr. Renaud is deceased, this is an impossible task. Without testimony, Plaintiffs cannot sustain their burden of proof, as a matter of law. 14. Moreover, no expert report can cure this defect in causation because any expert be lacking the necessary evidence on which to base his/her report. 15. Such a lack of essential evidence would force a fact finder to simply speculate as the cause of Mr. Renaud's fall, a cause that even Mr. Renaud was unable to identify prior to death. 16. Pennsylvania law is well settled that while questions of negligence and causation for the jury, the question of a sufficiency of evidence is clearly one for the trial court. 4 17. A jury cannot reach a verdict based upon speculation or conjecture. 18. Prior to sending a case to the jury, the trial court has the duty to determine a plaintiff has introduced sufficient evidence to establish the requisite elements to maintain an Id. at 379-80, 480 A.2d at 1084. 19. Given Mrs. Renaud's clear, repeated, unequivocal testimony, in which acknowledged that up until the date of her husband's death he did not recall the surrounding his fall, Plaintiffs cannot establish that any act or failure to act on the part of caused or contributed to Mr. Renaud's fall and, as such, summary j udgment must be granted in of Defendant, pursuant to Pa. R.C.P. No. 1035.2. WHEREFORE, Defendant, Shree Sai Siddhi, LLC, respectfully requests that this Court grant summary judgment in its favor, and against Plaintiffs, Hazel R. Renaud, Individually as Executrix of the Estate of Michael J. Renaud, Deceased and Hazel R. Renaud, Executrix of Estate of Michael J. Renaud, Deceased, on Behalf of the Next of Kin of Michael J. Deceased Renaud, Husband and Wife. Respectfully submitted, MARGOLIS ED DATE: BY: Barry A. Kron 1, squire PA Supreme Court ID No. 55672 Attorneys for Defendant, Shree Sai Siddhi, LLC 3510 Trindle Road Camp Hill, PA 17011 Telephone: (717) 975-8114 Fax: (717) 975-81.24 5 le CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a true and correct copy of the foregoing document on counsel of record by placing the same in the United States mail at Camp Hill, Pennsylvania, class postage prepaid, on the ?day o , 2012, and addressed as fol John Quinn, Esquire Brendan Lupetin, Esquire Portnoy & Quinn, LLC 3 Gateway Center, Suite 2325 401 Liberty Avenue Pittsburgh, PA 15222 MARGOLIS EDELSTEIN 1 BY: _ Carol Moose M:'vndirll Nova\1.3150.0-00011 Renaud v. Shree\P1eadings\MSJ.3-27-12.wpd ?? (16/27/?006 0617 FAX 7168560069 Jury?1-09 18:47 From-RBLA PIO CLAIMS RSA MOW?", Z 004/01 1 T-791 04/11 F-16r IN THE COURT OP COMMVN PLEAS OF CUMBERLAND C OWN'f'1' PRNNSYLVANIA NUC.IiAf.il. 1. RUNAUD and HAZEL R. CAVIL DivistuN RENAUD, his wine, f? NQ: ptda 6 t?0? +!ct fT Minuffi-. COW. ot» V); 31-IR1 PA1tAS, INL., D efestduut. 7 •? sic wilAsc?ouoiccl ilutestslu?ir_ YOU Xt b%Vby ooti6rd to file, a wtitwiftv+nsc 63, me ulmW d Colwas s w-bhbL "Valr 04) 61p from scMuc Lctwjfgr s d alcludgmeat W%y be ca ' ww BY /l '----- Auum . fm PloissT$1tp COM iNT IN (-'1VtL.&C'I-1c)?4 FLLID ON 13LHALB cis: FWa*m COUNSM OF RFCt7R,p FOit Tms PARTY: luhu E. QuimL Esgl?ur Pa J.D. #?3269 PORTNOY & QU,N M LLCI FlWA W124 044 0x3bri centre 36' n- *or Pittsburg, PA 115219 412-765-3900 Ti 1OF- %t'•? ?-`s-ti•,= `ter Ids . , ..• ..? .?' , , ? . y -::, -I ZB aEvd W1 P!lwpC3MW PVVG6PZZT4 es : TT :y i6of lk"-% /se 06/27/2006 06:17 FAY Jun-21.03 13:47 7188580083 Fro-ROLA -- POO CLANS Inc/"A NOTIC'Q 11702237 0 a 005/011 T-713 P.06/11 F-H7 Yaw have bc jt suod in Cowl. If you wish to dutaiid 3,WA(13t tbs. uhaians ,ct Wmi M Ih E't3llutYtl]1p. pages. yvu mar tAc aviju1>i withWn 1<Mvxe (20) days after tlus C amnlaim and Ns i3 tax :t -imial, by mitaaing a wriaes) oppetrt .-t pe muAy ar by Me actmunwy find tlliuk; in wnt,nk; with ti, Cuult your au iaa-m or abicctionsr tit dir. clssisas set torch ugat3nsr yuu. Yua ttre w4mcd thc,t if y% Ai W tiu 90. dW 4asL spay proceed Wit'hOW you and 104081314-M Mly bC -9111 VA NOWT YOU hY tll C'awt withaLat tilrtha'r tx,ticc for any mauley rkaimall ix, the Cumplaiut or rur any 011cr 'lausi t,i reli 1CLp'luvicil by the Haitlelfr You illay lusv muncy "property or either fights imporlauc ro you. ?5??...??14t.15.a21'n1.??'_bIJS P??r?1;t? s'r,? YSy'R Y.?vrY '? n_.T :?i?I.F..?.. SWULD NOT AV ?? 1 s-OPL C'ANNCYr AFFORD t)Tu1= C3C?'t'n i3R'l`El 1'tth U?'E#';JGL '? 'C 01LI.11131, r W Tn EJNr3 C31 JT-'9M RRP VAr t r A u #--V' Y Cumbarlmd Cowuy Har Asuciauan 32 soum Hedaw'ti 9Vftt Cwdislc, PA 17013 (717) 249-3 tet5 ?OR 4Y U N 0 Jabn E. Quinn, lei quirt Cogmswl liar Plaintiffs Fe 390d NMI Ptttimma "1+66PUIL EG;TT 4@BZAzise 06/27/2006 06:17 FAX 7168560069 CLAIMS la 0016/011 Jun-21-08 19:47 FrwRSLA " PO Ing / RSA 1STOZt3r'? 7-798 P. D6/1 i F-60 1. -ilia pullti9Fs. Miv;Ijacl J. Renaud (herbi4afie•r •'t Irr•-Jh=d P14L1Ti t F' u,i.l 1 h et R. kwut (horcinslter -Witc-C'Irituilfr,) am adult ilidividual lx-sidenw of `ltttzw Shut, Cuurtty or con, ?-, Con] L)Jjwe .J1h ul I'r,ulyylv.%IieL 2. The Dctuulant, Shri Pares, Inc. (hemital2er "nek"Jsnt"). 13 u Lstiwrn(im, .,w,;utiIW c m:f ing und" the laws ui the Scare of Paenuylvhmu and tit :Ili tittltt PCT61t.1111 htroa owned e ,n-jtrl known im the Roadway Inn at IM) HaMJburg Pike, City ofCaclis16, Cowin y oi'C`untb"i Cuurnicinw,ndih of Faawylvanie, aced nt tht time 01' the _q'ricv"mcs lwrcinut cr 3e°L fut1h was Me uwi= of artcl MW &asclwtve tic, ctracdy, ciSnnroj mWd muinte4 m v of tJlc atnrem as;iunad mut 1, :sntl it ww dw dory of D3atcoxda nt to Reap 4eul mWilntin Chu moo mW partioulrerly the parking aR4, At it, rmunably sail: cuntlitinn Ifar rhome persunn lawlUlly using ih• emAjie. 3. AT nll 4111103 p.Ktinent hdfGtP r, Dcient.IM ; WAI ;re doh; by a„d ihmtgh it, ctuiy agants, sen?ueuy ur crnpio'ycese who wt!ra dui and there endArad in =l uputi the prr!'osn't wv all Ihcir d4tie3, within The -%vpe ut d*r atitliahry mW upon tl1C busirifts of Defmaanr, 4. On or about lX-m=bcr 10, 1005 at eR itt+otav411:313 p.m., Htx b= plujoatiiff in hii «p;rcit as a bus cir'ivar for SwvquehaTtrta'E'rstesit, pulled the btur'th:a he waA driving ituo the purkinS 101 U1, thy Roadvtty Inn lhritiitaAar "We prcmisrs"). 73w ltiyh aduml rtAh,w tenm% cu6clleesy caul Paivuls who hu11 cbartcrv4 t l sLwK1-l1IuWtafta bras were itaywjg ut the motal overnight. S. Not withitiawing its duty, the Daf-Mdanr Jul, A tbl ,rl'v1c41,enti011W tine kO4 pt,}e;:, .11u1 Sur some tame prior thereto. car,:Icsely, re-eklessly end eu.•gh-WRI iy dial y,-MCC i Lft. C,;Gye 4Ud dangui,usl t:wtdrtion. to-wir, the: ixistutix e71'.ui txgv.z41vc 2i;uurrl1ll0d0A Of i4z aml +qaw ute =ul aboue then hlucklcq purltt,tg grc,,A outside acid uivwl. Pe 3-cvd M1 VVY66PUTL ee ; TT 9?8L/ TZJ98 06/'27/2006 06 17 FAX 7168560069 CLAIMS fZ 007/011 Jun-21-01 13;47 Frm-ROL4 ,Inc / RSA 15r92Z37"'-. F-rel P,27/11 F-52t b. At the ;1t??r?:tilaY?tiLifZCil litho a134 ,plaur, "%I-'$b,3a&P6i4tift crUt d dw hLt s, '1A1J btu i, remalf ut ncc C1t'u1Sa.r%n4.-. ..vadition, tu-wit, u1c CCi*ClW0 as un 11OLZOW 116-Gunmlltltiutt u1 i.e stltl uulw X113 y ii?1 pr,21111404, 4N -iL!x%:rjbad cfbuyw th. HwbuL>J-Pluinciit'w? c uscd to slip Gaud 1141, UJQChy au9t4Il t% =74itt pursanal illiLLecx db 4a c13tu33=10d below. 7. At the Iuut; lit' lilt incitit`nt t:t)mplak*d (1f w1d for !W133t:411V prior tharcta, the Dcfr11, i?l7t W t?l' Ill (j1? u+tr r?l?d ut'1? ?471e cs"9 atlould huvc known of the alUx=gILI ada.4 m,us tx?t3,li tafl'1t?13?, uu tlur -iurkwc: OF the Part tt39 am uvWdc the motel. COUNI ek(iC/arl?.7, ,'Us(rutt % $Arj pccrd4 Tire, e, 'l>he Nnulliftll hezt-by lr3cocpon tt try re16gely a Pam gvbS 1 tluY,l t 7, lnt:lwlvc, wi if tiorth or IQtgttl l+elcllt. 9 h?tl ?frlle rr,i4lRyit tv'_x?tee, ci??t=,?e? oil in?uri? alrttaizzet? bar fi?l,ertl?Plalnclt'C'wa?` ;t t raid ptvxbz):Ltc 1L-.4uI.0! tlic UF.WIgL L:c Ct1 Defawanl, $ea?WWly' snd in the t??ilt?wl p:trfi?il,.r,: :1. In r"a"18 to kcrp die afOrC7aeYitiu11e4 U0fW9 Of the Parking m= of the Inowl in mate cal "'on riot pemm 1awfty using lift am; ,Mellor b. In p=t.itliar. vhc caWcrlta: of to c ecessiV& OW1altlWaftn or and Snit w hC ;au rarftain an the praatixs w1tm cpe Dtc&ndutf k11cw or iA the ex=j,,w of rmsunabl ck%Tm y130014 lu+va k l*Wn Of dia dm&r to 11usbmt-Ploi„tijT wu IPr ufhe" I;jWrut1; umtg the sliv=cndmed mutcl; and/or ?. to failing TO wUU -Hu4bapcl-Pltuntiffm rAVUr otbers lawfully 1uin the aft rtt-J parking aM of the mpW of the d1u3?vuq condkitm created bV the tsic r isrlenc, %UiltslfijaIjciu of art ?xtti?yive acc1rnW-1dC ti or ice and show; c mUM ?- l,, IIt HAI& TA) 10jimm, rtVMG :Avcr mn4mv tgeur the ftt:t-3aivc LIc,:Untuiution u .Lnd iue in the parWag ures; andVoe .14u%r ?- 111 pcmtittLl?, >t>ertiom'$, HIMit:qu!-PlAinti$' in p t dCtjj;u, to ,u u?c thr ul'ur?3ienti„fi+ al rltlce of Ntc purldAR tlrcu Whro1 rke D'i'attlant knew or had n?Ih to lc,loty that it eras dan-l-ew " (s) du so and involvad an Lumam3ahlo ri-jlc vt-h;Irra; All-Vat __ SB ?d MHz 1119fRamm PPV66PZ41L £e;TT Beet 06127/2006 06:18 FAX 7168560069 CLAIMS 10 008/011 Jun-21.06 13:17 From-POLO , InF / RSA 15TDZ28- "'? T-Tiff P41l11 F-697 is !n tailing to notify or *am rjUSb=cjpjL&jgKiffQj Thu U,#0 Lx1,?[d :?vc?jrl the nforem.aIdO W ercacSSive awawula?tiun %,If i%:c anal ?n?1W; r ane!'?r g. In ruulliu4jahli; laic Wl JWticntionud vurfiwe oftliv p-akuig i ea 41.40ch J ?MMU101 4.4 ro corixtirurr a dauber to pcmnat lawfully dwromi wldvoc h. lit t'aillgL W Pmvida HILMhttm-plminrin.and alhee•x liwti?lly urctrzg thm packin5 with u SOL' ML W Iruvet ; and/or I. I13 a110witi9 a da'agerous and defactiwc Londitolt W exist ut the l?tuulailt'3 as t, whcta it know Of its the OxUciSe ut' reusonable "ue alu,t,itl 11avi knc?w,t du S busineps ""Lea SU :h ss Mtuacbaad-Plaintiff Wauld not disuover 3naiav sb:uuuico be .Kiel dsn&•; andlor J• in L'itlut? 14 i43At?cl die ??aeasaf p '» W ?llstravti?r th?r ttttsc?hee t7[lt~.s'a1vC uCCttmulaiiott Af i? OW now ur is i , LAScuvetdd the eoltditio? ant VQZ ` sq eur?esd7 ?+?' lot to k. In nulnuinfag the dftmrtttftonsel sturthca of the parlclttS arm in an imply inttaner and/or is employing ptrsorusel wiw were not ast - • fly grla,iii i MolnilOri Ur- 4mrtmmooaed mrfi ct at'[ht putiar. are, in a W01W mitt ua. 1(]" '%v u'**It -U4 Fr+a4imaw rmat of tbG r> igesux ufDvlcii[Itas1? T•lysbatsd YlniAtitt 3u+t3 s=inus irlturiQ?„ inclgdiag nalit lil 241 hovel mad bmm coaai.tion, inm-Var'GQchyMj hS;M,rrtWUC, huakd NV" t:011UMDA =d bilcma, cloud bead inim , suburachitutid itamgrrt>,Ngr-, add *ubct hcatatoerw, till 01 wbidl Ire or awybc serious wtd pertlrl:ittent irjuriea. 11. Ax a. rl;Sult ofs$id ioluricX llWc Md Plpiuti2Yhsi bcm twd/Or Will bt obli&a Ku nzeivr: a wutcrgu rn+?dic,41 attcutiu>s tyul care sad to expelled bairioUS sy? uQ niorky or kt inanw vwjo I-'AT:naer I" Q,uy he obligeet ro *Tldnue iv expfsd such swus Of incur Such exne?ulatt'ati;z tier Lndcliaitc lima 141 tttc tiutirc - 13. Aa a lur UnT result of w4d 1Nluite, ilsstt md-PhLirttiffrunt saff cd andror ttlay xutter, uCtu. cuuulKw rrrW uu "PQin1'6nt Of his fta via ca13:nzLy and puw,`t, Ll. Ax a rt--suh of aiail irdiu m, Huvbaad-Plaintiff bulb avfPcTc4 +rrul-ur ur.,y 3%111.67 ph}•,icW ; rnnrFsl ?1ou1?11 ward Ri". ,uil*ruW,;wd inepnvrima ue. so 3DOd M1 RVA30M vvf66s UTt r8:11 980x/ Z19B 06/'27/2006 06:18 FAX 7168560063 CLAIMS laO0!3/011 Jun-0-08 18:47 FroR-RBU " P , Inc / RSA 16TOit!' ' • T-789 P.00/11 F-68T 14. As a further result of said iiijuriov., 1`1tiV4Und-P12frtlit9F Iu151 sutl;9 x1 Un%Lfor In1y sutxat• -IN ?4+ antl 1lzjuty to 111c ncrv= wad 41p"uub q.%tcrn:ulf'1 1W attlturw or mtly sulWr Clilutiumul diswss. 15. A3 a fw fl wr ccsulI of avid wjw i«, Ht?alrupS-Pl.u+itilCisas burp Wstlio ally b4 deprivc .t cat' ordintiry platsum o> hic. WkWREFORI-1. the P1`63WITs TmAcst judipurttt Ug%itrst 1JCfeAdAnt.te3 riz:over cl;im),,;g*mJ excest of the juri:KULtionul limits of u Puard of Arbiuuto s of this I-Lxu3r.*btc C ours. C' LOSS Or COPISORTIVAL 16. The P14inaf; haeby iulcorpurde by tlfreaca: Ptt xWuphs 1 1Ivoag l 1:5, inausive, as if furth uT Jeagh 1s n. 17. /U a rrault at said injuries to Husband-F'laitstifE Wire-Plaintiff hus been whVur uuy ?ua?xllwl to cic3yrr rav n:7 1W 111eai vUl w1d, mcdiclncs and the lute. 18. AS a casult Of WUCJ injUdW to 1-iUdb;a d PlaiOdA Wino-Pl4in,41Y has brio umifut tuay alcprivtd of Hu*arA-PlttirtdfPs aW, wmfun, assistuncc. convatimship -aid ti-Aw dum- WHEREFORE. the Plainti ff5 retlutR Judgment apWsr dae Durendtmt to rri.•uvrt• txccts ot'the juriidietioned Linii1w of a Board afAThitllttlt,ts of this Honorable Court. JURY I'141 L DEMAN D tR RWpUl ly Ubavtmi, PO OY & QUIM, LLC .? - BY. ? ? L • _ luM E. Quill ENuir= Cutmsul Cur Vluinti;M io in to morel wi vowaaab VVV66PUTL EBi'CT 98OZ/Trigs OG/?27/2009 06:18 FAX 7166560068 Jun-21-D6 19;48 Fr0"BU A? CLAIMS .Inc / RSA 16T0128", la 010/011 T-791 P,10/11 F-S'T 1 verity tbut tllr statements AuSde hrMn era E[W and WiTaCT to rho. }%:$C JL';ny km intonuatioii and hod, and art alude.aalbjfti to the PmWtivs o 1S 1'n. C;.S-% Swodon 4')U4 w wiswon) t'alamutltion to agftiitit3. t7?e Mtchemw J. Be 39wd mi mvN?9QL1iy gigi bt??tL E8:1<T 9®aZriL/90 O6/`27/2006 06:18 FAX 71BB560069 CLAIMS 011/011 . Jun&21-08 13:48 From-1tBlA ' Inc / RSA 1?1fi0223` T-TO8 P.11/11 F-607 I ved1Y rJu?t Cho atacfnvats mudo hLvdn mm true And Omnv t to the izt u1'agy j: wv L,.d r:, inwmaiion Atui belie), wW :ire mutk subject m the r4naltics vt ! N PA, C.S.A. Soorinn 4.004 rcfsti tg to uAIAvorn Albifui?tidn To 144hulieies. P-4 At tip iatm no 66 mvd HMI t v1Ps66vUTz EB=Tt 9GRAZ/a THON THE FPO I 2012 JUL 23 PM li*- 15 1;UMSERLr' RD CGUN TY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HAZEL R. RENAUD, individually, and as, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED, and HAZEL R. RENAUD, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED on behalf of the next of kin of Michael J. Renaud, Deceased, Husband and Wife Plaintiffs, vs. SHREE SAI SIDDHI, LLC., CIVIL DIVISION NO: 2006 - 02614 PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT FILED ON BEHALF OF: Plaintiffs COUNSEL OF RECORD FOR THIS PARTY: Brendan B. Lupetin, Esquire Pa. I.D. 201164 Defendant. PORTNOY & QUINN, LLC FIRM #724 3 Gateway Center, Suite 2325 Pittsburgh, PA 15222 412-765-3800 JURY TRIAL DEMANDED PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND NOW, comes the Plaintiff, Hazel R. Renaud, Individually and as Executrix of the Estate of Michael J. Renaud, Deceased and Hazel R. Renaud, Executrix of the Estate of Michael J. Renaud, Deceased, on Behalf of the Next of Kin of Michael J. Renaud, Deceased, by and through her attorneys, PORTNOY & QUINN, LLC, and files the within Response to Defendant Shree Sai Siddhi, LLC's Motion for Summary Judgment: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted insofar as the Decedent slipped and fell in Defendant's parking lot in and/or around the area in which the motor coach was parked. Further investigation, as well as deponent testimony indicates that the more probable scenario is that while the Decedent approached the school bus he slipped and fell rendering him unconscious prior to entering the motor coach, not while exiting. It is believed and therefore averred that the Decedent slipped before ever entering the motor coach. 5. Admitted. 6. Paragraph 6 is a statement of law or other conclusion and as such requires no response from Plaintiff. 7. Admitted. 8. Denied. Though the Decedent was not deposed prior to his death, circumstantial evidence indicates that more likely than not that the Decedent's slip and fall was caused by Defendant's failure to adequately plow and/or apply anti-skid material in its motel parking lot. 9. Admitted. 10. Paragraph 10 is a statement of law or other conclusion and as such requires no response from Plaintiff. 11. Paragraph 11 is a statement of law or other conclusion and as such requires no response from Plaintiff. 12. Admitted. It is important to note that the Decedent suffered certain injuries, including right frontal head and brain contusion, intraparenchymal hemorrhage, left frontal br contusion and edema, closed head injury, subarachnoid hemorrhage, and subdural hematoma, and of which may have contributed to Decedent's inability to recall the exact circumstances surrounding the slip and fall he suffered in Defendant's motel parking lot. Additionally, thou no one witnessed the Decedent slip and. fall, he was found unconscious on the ground shortly after the incident. 13. Admitted in part, denied in part. It is admitted insofar as there were no witnes to Decedent's slip and fall. It is denied that any and all possibility of showing that the Deceden slipped and fell on an accumulation of snow and/or ice in Defendant's motel parking lot is foreclosed by the death of the Decedent. Those witnesses to the incident who have been depose testified that when they arrived at the motor coach, the Decedent was unconscious and his body was positioned flat out and parallel to the ground. The bus engine was running and the door to the coach was closed, indicating that the Decedent slipped and tripped prior to getting onto the bus. Most importantly, those same witnesses repeatedly testified as to the poor condition of the Defendant's motel parking describing it as an "ice skating rink" and that no observable efforts were made to apply anti-skid materials. Depo. Michelle Simon 17:15 (April 26, 2011). Many those motor coach passengers slipped or almost fell themselves when traversing the lot from th bus to the Defendant's motel. All other potential reasons for Decedent's fall may be ruled out, and it may be inferred that the cause of the Decedent's slip and fall was a result of an accumulation of snow and ice in the motel parking lot. 14. Paragraph 14 is a statement of law or other conclusion and as such requires no response from Plaintiff. 15. Admitted in part, denied in part. It is admitted that a fact finder may not in speculation and/or conjecture in determining what caused the Decedent to slip and fall. The Decedent was found on the ground outside the motor coach parked in Defendant's motel lot. Those individuals who found the Decedent testified to the hazardous condition of the parking lot. After the Decedent was found unconscious, it was determined upon examination medical providers that the Decedent had suffered injuries to his head, presumably sustained a falling and hitting his head. It may be logically and reasonably inferred that the Decedent slipped and fell as a result of the icy conditions of Defendant's motel parking lot. 16. Paragraph 16 is a statement of law or other conclusion and as such requires no response from Plaintiff. 17. Paragraph 17 is a statement of law or other conclusion and as such requires no response from Plaintiff. 18. Paragraph 18 is a statement of law or other conclusion and as such requires no response from Plaintiff. 19. Denied. Defendant's insistence that Plaintiff s testimony regarding the circumstances surrounding her Decedent's slip and fall accident does not alone preclude a fact finder from inferring from the evidence as a whole that the accumulation of ice and snow in Defendant's motel parking lot caused the Decedent's slip and fall resulting in injuries to his and brain. WHEREFORE, Plaintiff requests that this Honor Summary Judgment. Resl POF BY: The undersigned does hereby certify that a true and correct copy o PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY was forwarded to the following individual this 19th day of July, 2012 via first-clas postage prepaid: Barry A. Kronthal, Esquire Margolis, Edelstein 3510 Trindall Road Camp Hill, PA 17011 PO] BY C~ /A ~ BARRY A. KRONTHAL, ESQUIRE a ~ j ~{'~ {~ ~~~J i ~`~~~~ ~A ` ~` Pa. Supreme Court I.D. No. 55672 A~9 ~ ~ ' ~` 3 l MARGOLIS EDELSTEIN ~(~! ~ ~~~~ ~ + 3510 Trindte Road PA 17011 Hill Cam ~~L~+~~ ~~~~ 1 y ;~~r ~ p , Telephone: (717) 975-8114 ~, , , pEN~ISYLV~t~! A Facsimile: (717) 975-8124 E-Mail: bkronthal@margolisedelstein.com HAZEL R. RENAUD, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED AND HAZEL R. RENAUD, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED, ON BEHALF OF THE NEXT OF KIN OF MICHAEL J. RENAUD, DECEASED RENAUD, HUSBAND AND WIFE VS. SHREE SAI SIDDHI, LLC Attorneys for Defendant File#23150.0-00011 COiJRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO 2006-02614 CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO LIST FOR ARGUMENT 1. State matter to be argued: Motion for Summary Judgment of Defendant, Shree Sai Siddhi, LLC. 2. Counsel who will ar>sue case: Plaintiff s counsel: John Quinn, Esquire Brendan Lupetin, Esquire Portnoy & Quinn, LLC 3 Gateway Center, Suite 2325 401 Liberty Avenue Pittsburgh, PA 15222 Defendant's counsel: Barry A. Kronthal Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. ~~ ~ - ~i. 7S~ G a ~ ~ ~~~5 ~ ~ q ~~ 4. Argument Court Date: September 7, 2012. Date: 7/26/12 ~-~~`~-~---~ _._ Barry A. Ithal Attorney for efendant, Shree Sai Siddhi, LLC. CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have this day of~ , 2012, served a true and correct copy of the foregoing upon the person(s) an in t anner indicated below: Service by First Class Mail. Postage Prepaid, Addressed as Follows: John Quinn, Esquire Brendan Lupetin, Esquire Portnoy & Quinn, LLC 3 Gateway Center, Suite 2325 401 Liberty Avenue Pittsburgh, PA 15222 By: MARGOLIS EI7~ET CTFTN // ~~ ~' ~~ _ /' Carol Moose HAZEL R. RENAUD, individually, and as, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED, and HAZEL R. RENAUD, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED on behalf of the next of kin of Michael J. Renaud, Deceased, Husband and Wife, Plaintiffs, V. SHREE SAI SIDDHI, LLC, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 06-02614 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO, MASLAND and PECK, JJ. ORDER OF COURT AND NOW, this 156' day of October, 2012, upon consideration of the Defendant's Motion for Summary Judgment, Plaintiffs' response thereto, oral argument by the parties held on September 7, 2012, and for the reasons set forth in the accompanying opinion, IT IS HEREBY ORDERED AND DIRECTED that Defendant's motion is DENIED. BY THE COURT, "r I> rJ_; Christylee . Peck, /Brendan B. Lupetin, Esq. Portnoy & Quinn, LLC 3 Gateway Center, Suite 2325 Pittsburgh, PA 15222 Attorney for Plaintiffs r} 3 /Barry A. Kronthal, Esq. Margolis Edelstein 3510 Trindle Road Camp Hill, PA 17011 Attorney for Defendant Olt 2 HAZEL R. RENAUD, individually, and as, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED, and HAZEL R. RENAUD, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED on behalf of the next of kin of Michael J. Renaud, Deceased, Husband and Wife, Plaintiffs, V. SHREE SAI SIDDHI, LLC, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 06-02614 CIVIL TERM IN RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BEFORE GUIDO. MASLAND and PECK, JJ. OPINION AND ORDER OF COURT Peck, J., October , 2012- PROCEDURAL HISTORY Hazel R. Renaud, individually, and as, Executrix of the Estate of Michael J. Renaud, Deceased, and Hazel R. Renaud, Executrix of the Estate of Michael J. Renaud, Deceased on behalf of the next of kin of Michael J. Renaud, Deceased, Husband and Wife ("Plaintiffs") filed a complaint on May 8, 2006, which set forth a cause of action in negligence against Shree Sai Siddhi, LLC ("Defendant") on behalf of Mr. Renaud, and a claim for loss of consortium on behalf of Mrs. Renaud.' On July 6, 2012, Defendant filed a motion for summary judgment.2 On July 23, 2012, Plaintiffs responded to Defendant's motion for summary judgment.3 On September 7, 2012, argument was heard from the parties on the issue.4 On September 20, 2012 Plaintiffs response to Defendant's motion ' Compl. In Civil Action, May 8, 2006. 2 Mot. for Summ. J., July 6, 2012. 3 Pl.'s Resp. to Def.'s Mot. for Summ. J., July, 23, 2012. 4 Mot. for Summ. J., July 6, 2012. for summary judgment was re-filed with exhibits attached.s Defendant's motion is now before this Court. STATEMENT OF FACTS On December 10, 2005, Michelle Simon, her husband, and Melinda Conly accompanied the high school basketball team to a tournament at Carson Long Military Academy.6 They followed the team's bus in Mrs. Simon's car. The team's bus was driven by Mr. Renaud.8 At around 6:00 p.m. or 7:00 p.m. they arrived at the Roadway Inn in Carlisle, Pennsylvania.9 Defendant is the corporate entity which owns the hotel. 10 The temperature when they arrived was very cold." Mrs. Conly described the parking lot as a solid sheet of black ice, however, she also described that some of the ice was smooth and some of the ice had possibly dripped and refrozen.12 Mrs. Simon described smooth ice conditions and that a thin film of ice coated both the parking lot and the sidewalk. 13 Both described the icy conditions of the parking lot and sidewalk at the time of their arrival to be "like an ice skating rink". 14 Neither that night nor the next morning did Mrs. Conly or Mrs. Simon observe any salt applied to the parking lot or anyone doing any work on the parking lot.15 Mrs. Conly and Mr. Renaud warned the kids getting off the bus to watch their step because it was very icy. 16 5 Pl.'s Resp. to Def's Mot. for Summ. J., Sept., 20, 2012. 6 Melinda Conly Dep. 4-5 (Apr. 26, 2011xhereinafter "Conly Dep. -"); Michelle Simon Dep. 5, 7 (Apr. 26, 201 l)(hereinafter "Simon Dep. Conly Dep. 5; Simon Dep. 5. 8 Compl. 14; Simon Dep. 9. 9 Conly Dep. 5-6; Simon Dep. 5; Pl.'s Resp. to Def.'s Mot. for Summ. J., Sept., 20, 2012, Ex. Middlesex Township Police Dept., Incident Investigation Report, p. 2; Compl. ¶2. 10 Mot. for Summ. J., 13, admitted in Pl.'s Resp. to Def's Mot. for Summ. J., July, 23, 2012, 13. 11 Conly Dep. 6; Simon Dep. 8. 12 Conly Dep. 8-9,19. 13 Simon Dep. 8, 12. 14 Conly Dep. 6,21; Simon Dep. 6, 12. 15 Conly Dep. 8-9, 19; Simon Dep. 14-15. 16 Conly Dep. 6-7, 21; Simon Dep. 14. 2 The bus was left running to prevent the diesel from freezing or gelling. 17 Later that night, Mrs. Conly called Mr. Renaud and asked him to move the bus because the exhaust from the bus was coming into their hotel room and giving Mrs. Conly and Mrs. Simon a headache.18 Mr. Renaud, who was in the adjacent room, agreed and they heard his hotel room door shut. 19 Mrs. Conly looked out the window after five minutes had passed and she had not heard the bus move. 20 Mrs. Conly saw Mr. Renaud lying unconscious on his back completely flat out at the door of the bus on the ground of the parking lot. 21 Using photographs of the hotel parking lot, both Mrs. Conly and Mrs. Simon, during their depositions, specifically indicated how Mr. Renaud was situated following his fall.22 Mrs. Simon indicated that Mr. Renaud was a foot or two from the curb and closer to the sidewalk than the bus. 23 The area of the parking lot where they found Mr. Renaud was smooth ice.2¢ The bus was still running with its door closed.25 Mr. Renaud did not regain consciousness in Mrs. Conly's presence.26 She remained with him until the paramedics arrived.27 Neither Mrs. Simon nor Mrs. Conly saw Mr. Renaud fall.28 There were no eyewitnesses to Mr. Renaud's fall.29 Officer Gerald Steigleman of the Middlesex Township Police Department arrived on the scene at 1:21 A.M. to find Mr. Renaud in the parking lot. 30 Officer Steigleman " Conly Dep. 15; Simon Dep. 9. 18 Conly Dep. 13, 15; Simon Dep. 9. 19 Simon Dep. 9. 20 Conly Dep. 15; Simon Dep. 9. 21 Conly Dep. 14; Pl.'s Resp. to Def.'s Mot. for Summ. J., Sept., 20, 2012, Ex. Middlesex Township Police Dept., Incident Investigation Report, p. 2. 22 Conly Dep. 20; Simon Dep. 10-11. 23 Simon Dep. 11. 24 Conly Dep. 19; Simon Dep. 12. 25 Conly Dep. 15; Simon Dep. 11. 26 Conly Dep. 14. 2' Conly Dep. 16. 28 Conly Dep. 14; Simon Dep. 14. 29 Mot. for Summ. J., 112, admitted in Pl.'s Resp. to Def's Mot. for Summ. J., July, 23, 2012, ¶12. 3 reported that " Whe driveway was completely ice covered" and Mr. Renaud "slipped on the ice and hit his head".31 Mr. Renaud was transported to Carlisle Regional Hospital.32 Mr. Renaud sustained swelling and bleeding injury to the brain.33 Mr. Renaud did not recall the circumstances surrounding the fall and could not specify how it occurred.34 On or about March 20, 2009, Mr. Renaud died of causes unrelated to the alleged incident.35 Thereafter, Mrs. Renaud, was named as Executrix of her husband's estate.36 Mr. Renaud was not deposed prior to his death.37 DISCUSSION Defendant has moved for summary judgment and contends that based on the record Plaintiffs cannot establish what caused Mr. Renaud to fall. This Court disagrees. There is no defect in causation and Plaintiffs have shown by specific facts through the depositions that there exists a genuine issue of material fact for trial. L Summary Judgment Standard ofReview "Summary judgment serves to eliminate the waste of time and resources of both litigants and the courts in cases where a trial would be a useless formality." Liles v. Balmer, 567 A.2d 691, 692 (Pa. Super. 1989). After the relevant pleadings are closed, a party may move for summary judgment in two instances: (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report, or (2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden 3° Pl.'s Resp. to Def.'s Mot. for Summ. J., Sept., 20, 2012, Ex. Middlesex Township Police Dept., Incident Investigation Report, p. 1. 31 Pl.'s Resp. to Def.'s Mot. for Summ. J., Sept., 20, 2012, Ex. Middlesex Township Police Dept., Incident Investigation Report, p. 1. 32 Pl.'s Resp. to Def's Mot. for Summ. J., Sept., 20, 2012, Ex. Middlesex Township Police Dept., Incident Investigation Report, p. 2. 33 Hazel R. Renaud Dep. 23 (Apr. 26, 2011 xhereinafter "Renaud Dep. !") 34 Mot. for Summ. J., ¶9, admitted in Pl.'s Resp. to Def.'s Mot. for Summ. J., July, 23, 2012, 19. 35 Mot. for Summ. J., 55, admitted in Pl.'s Resp. to Def.'s Mot. for Summ. J., July, 23, 2012, ¶5. 36 Mot. for Summ. J., ¶5, admitted in Pl.'s Resp. to Def.'s Mot. for Summ. J., July, 23, 2012, 15. 37 Mot. for Summ. J., 19, admitted in Pl.'s Resp. to Def's Mot. for Summ. J., July, 23, 2012, ¶9. 4 of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to a jury. Pa.R.C.P. 1035.2. "[T]he court may grant summary judgment only when the right to such a judgment is clear and free from doubt." Sebast v. Kakouras, 915 A.2d 1147, 1153 (Pa. 2007). "In considering the merits of a motion for summary judgment, a court views the record in the light most favorable to the non-moving party, and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party." Fine v. Checcio, 870 A.2d 850, 857 (Pa. 2005). IL Analysis "[T]he trial court has a duty to prevent questions from going to the jury which would require it to reach a verdict based on conjecture, surmise, guess or speculation." Farnese v. Se. Pa. Transp. Auth., 487 A.2d 887, 890 (Pa. Super. 1985). "[T]he mere existence of negligence and the occurrence of injury are insufficient to impose liability", as "[t]here remains to be proved the vitally important link of causation". Cuthbert v. City of Philadelphia, 209 A.2d 261, 263 (Pa. 1965). "[P]laintiff has the burden of proving this link, that the defendant's negligence was the proximate cause of her injury ... or of proving evidence from which a reasonable inference arises that the defendant's negligence was the proximate cause of the injury". Cuthbert v. City of Philadelphia, 209 A.2d 261, 263 (Pa. 1965)(internal citations omitted). "[W]here a motion for summary judgment has been made and properly supported, parties seeking to avoid the imposition of summary judgment must show by specific facts in their depositions, answers to interrogatories, admissions or affidavits that there is a genuine issue for trial." Marks v. Tasman, 589 A.2d 205, 206 (Pa. 1991). This Court finds the present case to be very similar to Marks. Id. In Marks, the Pennsylvania Supreme Court held that summary judgment should not have been granted where causation could logically and reasonably be inferred from the evidence, if believed, and therefore, a genuine issue of material fact existed for trial. Id. at 206-207. In Marks, the plaintiff and the plaintiff s friend were leaving the defendants' offices when the plaintiff tripped on something and fell on defendants' sidewalk. Id. at 206. The 5 plaintiff's friend was walking in front of the plaintiff and did not see the plaintiff fall. Id. The plaintiff, who was legally blind at the time, could not identify what it was that he tripped on causing him to fall. Id. at 207. The plaintiffs friend, however, was able to specifically mark on photographs of the sidewalk where the plaintiffs feet were located immediately following the plaintiffs fall. Marks, 589 A.2d at 207. The plaintiff s friend established that the plaintiffs feet were in the area of a large hole or depression located in a block of concrete on the defendants' sidewalk. Id. The Marks Court found that "[t]aken as a whole, the evidence show[ed] that [the plaintiff] fell, that he fell because he tripped and that when he fell his feet were in a large indentation in the sidewalk." Id. The Marks Court found "[f]rom this, it logically and reasonably could be inferred that [the plaintiff] tripped on the large hole in the sidewalk." Id. The Marks Court held that "[t]his evidence, if believed, [was] sufficient to establish that [the plaintiff) fell because of the defect in the sidewalk, thus creating a genuine issue of material fact for trial." Id. Just as in Marks, causation in the present case can logically and reasonably be inferred from the evidence, if believed, and therefore, a genuine issue of material fact exists for trial. Like the plaintiff s friend in Marks, neither Mrs. Conly nor Mrs. Simon saw Mr. Renaud fall. Like the plaintiff in Marks, Mr. Renaud could not identify what caused him to fall. As in Marks, Mrs. Conly and Mrs. Simon were able to use photographs of Defendant's parking lot during their depositions to mark where Mr. Renaud's unconscious body was located immediately following his fall. Furthermore, Mrs. Conly and Mrs. Simon established that Mr. Renaud was lying on his back in an unconscious state and that he was lying on smooth ice in Defendant's parking lot. The evidence, taken as a whole, shows that Mr. Renaud fell because he slipped on ice and that when he fell his body was lying on ice in Defendant's parking lot. This Court holds that this evidence, if believed, is sufficient to establish that W. Renaud fell because of the ice in Defendant's parking lot, thus creating a genuine issue of material fact for trial. Summary judgment, therefore, is not appropriate in the present case. Accordingly, the following Order shall be entered: 6 ORDER OF COURT AND NOW, this 15'h day of October, 2012, upon consideration of the Defendant's Motion for Summary Judgment, Plaintiffs' response thereto, and oral argument by the parties held on September 7, 2012, IT IS HEREBY ORDERED AND DIRECTED that Defendant's motion is DENIED. BY THE COURT, s/ Christylee L. Peck Christylee L. Peck, J. Brendan B. Lupetin, Esq. Portnoy & Quinn, LLC 3 Gateway Center, Suite 2325 Pittsburgh, PA 15222 Attorney for Plaintiffs Barry A. Kronthal, Esq. Margolis Edelstein 3510 Trihdle Road Camp Hill, PA 17011 Attorney for Defendant 7 2011 APR -7 pill 3: 3 : l..• , C ii? :18,...E1_■) 1. A ND COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HAZEL R. RENAUD, individually, and as, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED, and HAZEL R. RENAUD, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED on behalf of the next of kin of Michael J. Renaud, Deceased, Husband and Wife Plaintiffs, vs. SHREE SAT SIDDHI, LLC., Defendant. JURY TRIAL DEMANDED CIVIL DIVISION NO: 2006 — 02614 PETITION TO APPROVE SETTLEMENT OF A SURVIVAL ACTION FILED ON BEHALF OF: Plaintiffs COUNSEL OF RECORD FOR THIS PARTY: Brendan B. Lupetin; Esquire Pa. I.D. 201164 PORTNOY & QUINN, LLC FIRM #724 3 Gateway Center, Suite 2325 Pittsburgh, PA 15222 412-765-3800 PETITION TO APPROVE SETTLEMENT OF A SURVIVAL ACTION AND NOW comes the Petitioner, Hazel R. Renaud, Executrix of the Estate of Michael J. Renaud, and files the following Petition to Approve Settlement of a Survival Action, respectfully averring as follows: 1. Petitioner is the Executrix of the Estate of Michael J. Renaud (hereinafter "Deceased "), having been appointed to that fiduciary position by the Register of Wills of Centre County, Pennsylvania on May 21, 2009. 2. The above - captioned matter arises out of injuries that Petitioner's Deceased sustained on December 10, 2005, when he fell on snow and/or ice while lawfully on the premises of the Defendant as a business invitee. 3 Petitioner's Decedent passed away from causes unrelated to the instant action, and Petitioner has continued to maintain the instant survival action, as well as her claim for loss of consortium, since the time of Petitioner's Decedent's passing. 4. As a result of this incident, Petitioner's Decedent received serious injuries, including: right frontal head and brain contusion, intraparenchymal hemorrhage, left frontal brain contusion and edema, closed head injury, subarachnoid hemorrhage, and subdural hematoma which required immediate hospitalization at Hershey Medical Center, where Petitioner's Decedent remained hospitalized until December 26, 2005. 5. Petitioner's Decedent endured pain and suffering between the time of his fall and in connection with the significant medical treatment he underwent. 6. The parties have agreed to settle the case for the sum of $125,000.00. 7: There is one (1) Worker's Compensation lien for both medical expenses and wage . loss in this case, with York. Risk Services Group Inc., in the sum of $82,301.86. These liens need to be resolved in the resolution of this matter and Petitioner acknowledges it is solely Petitioner's responsibility to make certain this or any other health care lien is satisfied. 8. There are no other creditors of this Decedent's estate. 9. Petitioner has a fee agreement with counsel for a 33 1/3% contingency fee for which she requests approval. Additionally, counsel has advanced the sum of $2,309.69 in costs for which reimbursement is sought. 10. Counsel for Petitioner believes that the settlement is fair and equitable and in the best interests of the estate. Other than the worker's compensation lien noted above, there would be no special damages claimable in this action and it would be largely a pain and suffering claim for a 61 year old decedent. 11. Petitioner requests this Honorable Court to issue an Order approving the settlement on the terms and conditions set forth before this Honorable Court and approving the payment of counsel fees and costs as noted. 12. The only heir in the estate is the Petitioner. WHEREFORE, Petitioner requests this Honorable Court to enter an appropriate order. Respectfully submitted, PORTNOY & QUINN YYL'' LA�C BY: t�r�i Vvl. tfitetil Karesa M. Rovnan, Esquire VERIFICATION I verify that the statements made herein are true and correct to the best of my knowledge, information and belief, and are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. —1.17 Date IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA HAZEL R. RENAUD, individually, CIVIL DIVISION And as, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED, and HAZEL R. NO: 2006-02614 RENAUD, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED on behalf of the next of kin Of Michael J. Renaud, Deceased, Husband and Wife, Plaintiffs, v. SHREE SAI SIDDHI, LCC, Defendant. AND NOW to wit, this ORDER OF COURT day of ) , 2014, upon consideration of the within Petition to Approve Settle 'nt of Survival Claim it is hereby ORDERED, ADJUDGED AND DECREED, as follows: 1. This court approves the settlement of the survival claim filed at the above captioned number; 2. Petitioner is permitted to sign a general release in favor of the Defendant in consideration for the payment of the sum of $125,000.00; 3. Counsel fees, as set forth in the Petition to Approve Settlement of a Survival Action and reimbursement of costs in the amount of $2,309.69 to Portnoy & Quinn, LLC., are hereby approved; 4. Upon execution of the appropriate release and delivery of same to Defendants, Petitioner may mark the above captioned case Settled and Discontinued. 5. Petitioner is directed to satisfy the identified Worker's Compensation lien, and any other healthcare liens relating to the deceased's medical care, with proof of transmittal of payment to be provided to defense counsel. 6. The balance of the settlement funds shall be paid to the personal representative for further administration. By the Court: r L r ':Fl iy' PEA/Ns YLV Ato J.^ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA HAZEL R. RENAUD, individually, and as, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED, and HAZEL R. RENAUD, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED on behalf of the next of kin of Michael J. Renaud, Deceased, Husband and Wife Plaintiffs, vs. SHREE SAI SIDDHI, LLC., Defendant. JURY TRIAL DEMANDED CIVIL DIVISION NO: 2006 — 02614 PRAECIPE TO SETTLE AND DISCONTINUE FILED ON BEHALF OF: Plaintiffs COUNSEL OF RECORD FOR THIS PARTY: John E. Quinn, Esquire Pa. I.D. 23268 PORTNOY & QUINN, LLC FIRM #724 3 Gateway Center, Suite 2325 Pittsburgh, PA 15222 412-765-3800 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA HAZEL R. RENAUD, individually, and as, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED, and HAZEL R. RENAUD, EXECUTRIX OF THE ESTATE OF MICHAEL J. RENAUD, DECEASED on behalf of the next of kin : of Michael J. Renaud, Deceased, Husband : and Wife Plaintiffs, vs. SHREE SAI SIDDHI, LLC., Defendant. CIVIL DIVISION NO: 2006 — 02614 PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: Kindly settle and discontinue the above -captioned matter with prejudice. BY: PORTNOY & QUINN, LLC. John'E. Quinn, Esquire Attorneys for Plaintiff CERTIFICATE OF SERVICE The undersigned does hereby certify that a true and correct copy of the within Plaintiffs Praecipe to Settle and Discontinue was forwarded to the following individuals of record this day of +1i1^� , 2014 via first-class U. S. Mail, postage prepaid: Barry A. Kronthal, Esquire Margolis, Edelstein 3510 Trindall Road Camp Hill, PA 17011 BY PORTNOY & QUINN, LLC. Jo . Quinn, Esquire A orneys for Plaintiff