The URL can be used to link to this page

Home My WebLink About94-00329 \ . h .~ \... \1. ~ >- V) '" -..... ~: .~~ . . ~ " , " , " , -. . . ~ 'd ":~ ...... .......r...,.- 6' #311 DIANA LANDIS, Plainti ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT SHEAFFER and SUBURBAN ROOFING Defendants NO. 94-0329 CIVIL TERM IN TRESPASS (M,V,) eRfIRIALC.OHEEREN.cE At a pretrial conference held August 23, 1995, before Edgar B. BaYley, Judge, present for the plaintiff was Timothy A. Shollenberger, Esquire, and for the defendants, David Schwalm, Esquire. This is a rear-end accident occurring on July 1, 1992, Nevertheless, defendant does not admit liability and claims that there is. some contributory negligence on the port of plaintiff. There r~ a major issue regarding the severity of damages to plaintiff's injuries to her Jaw, Estimated time of trial, two to three days, Mr, Schwalm is scheduled to commence a trial in Federal Court in Scranton on Monday, September 18, 1995, This case should now be listed for trial starting no earlier than Wednesday, September 20th, Mr, Schwolm wi'fl keep the court administrator posted on development~:n hts federal case, ~v\ Edgar B. BaYley~, Timothy A, Shollenberger, Esquire For Plainti ff David Schwalm, Esquire For Defendants - <.''':f1-U...') Cf\n..J.....d lUll S'-J3.l?S :prs IA .. E ::; C"') ...., '" ." = -=: ~,. od.... ....Z.... "'0"'- Q';:.e~Z" -00.... ....x:o:- n-z~ ....4"tl/'\ ..., ,.- :'~z ..: 1._ :~~;C - .~~ .ll~ ..:f',.... '=0 ~C .~ '. DIANA LANDIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO" PENNSYLVANIA v, NO. 329 CIVIL 1994 ROBERT SHEAFFER and SUBURBAN ROOFING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM AND NOW COMES, Plaintiff, Diana Landis, by and through her attorneys, LAW OFFICES OF TIMOTHY A. SHOLLENBERGER, and does respectfully submit the following Pre-Trial Conference Memorandum: I, Basic Facts as to Liabilitv. On July 1, 1992 at or around 2:00 p,m" a 1967 Dodge Dart GT owned and operated by Diana Landis was struck in the rear by a vehicle operated by Robert Sheaffer when Mr. Sheaffer failed to watch the traffic stopped ahead of him and rear-ended Ms. Landis' vehicle which was stopped at a stop sign on Ramp E of State Route 8007, also known as Route 15 in Lower Allen Township, Cumberland Township, Pennsylvania. Defendant, Robert Sheaffer, was operating a 1988 Chevrolet C30 which was owned by Defendant Suburban Roofing. Defendant Sheaffer was operating the vehicle as the agent, servant and/or employee of the Defendant, Suburban Roofing. II, Basis Facts as to Damaaes, At the time of the collision, Diana Landis was 29 years-old having been born on October 6, 1962. She was single and living in Lewisberry, Pennsylvania, Diana was working as a waitress at Gullifty's Restaurant and Club Zee's which is located at the Cedar Cliff Mall in Camp Hill, Pennsylvania, LAW OFFlL'ES OF TIMOTHY A, SHOLLENBERGER 1010 L1NGLE.<Ta.t'N ROAl' . ro hOX 60\.\ ' II' ~RlsnURO, PA 1710..01.1 17111lJ01OO ' FAX t7171114,olll '. '. She was working at Gullifty's for approximately six and one half years at the time of the collision, Prior to the collision, Diana enjoyed a very active lifestyle. She and her companion, Barry Cornell, went camping, swimming, motorcycle riding and to various fire hall and social dinners on a regular basis. In particular, they rode motorcycle on weekend trips to visit their parents or to go camping. Generally these trips were two hours long or more in one direction. Diana had even won a new motorcycle in September of 1991 and was planning to take a motorcycle safety course with her friends which was scheduled just six days after the collision. On July 1, 1992, Diana was involved in the subject collision and as a result she sustained serious and permanent traumatic injuries including: Chronic bilateral discal dislocation of the temporomandibular joint with chondromalacia of the joint and myospasm associated with headache; Post-traumatic osteoarthritis of the temporomandibular joints; Severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at our about the cervical and thoracic spine; Post-trauma cephalgia; Cervical brachial syndrome; Lumbar intervertebral disc syndrome; Cervical cranial syndrome; Thoracic disc syndrome; and Post-traumatic diminishment of the senses of smell and taste, Following the collision, Diana was initially seen at Holy Spirit Hospital where she complained of neck and back pain. The hospital x-rayed her neck and diagnosed her with a LA\\' OffiCES OF TltolOnlY A. SItOLLENBERGER 181~ L1NGLESTl'JI\'N R"All . ro IIOX />Om ' ItARRlSnURO, VA 17101>.om 1717111H7(\) , FAX 171711148217 "- '. " neck sprain. She was given a cervical collar and released, Diana followed up with Robert o. Blake, D,C. for neck and back pain. She complained of neck, back, upper extremity and head pain, and numbness in her left extremities. Dr, Blake ordered x-rays of Diana's cervical spine, thoracic spine and low back. He diagnosed Diana with cervical brachial syndrome, lumbar intervertebral disc syndrome, cervicocranial syndrome, and thoracic disc syndrome, Dr. Blake treated her neck and back with heat and ultrasound for her neck, Dr. Blake referred Diana to Emily Matlin, D.O.. Diana told Dr. Matlin that she was experiencing severe headaches, and pain in her neck, shoulders and back. She also complained that she had no sense of smell or taste since the collision and was experiencing pain with chewing and swallowing. Dr. Matlin ordered an MRI, ENT, and a bone scan to rule out a brain stem injury and prescribed Midrin for Diana's headaches. As time passed Diana continued to complain of increased pain in her jaw when chewing including her jaw locking. Dr. Matlin then ordered an MRI of Diana's jaw. The MRI was positive for mild bilateral anterolateral disc displacement with reduction of the temporomandibular joints (TMJ). Drs. Matlin and Blake referred Diana to Robert J, Beaudry, D.M.D. for her TMJ, Dr. Beaudry prescribed percocet for pain, Dr. B~audry also treated Diana's TMJ with injections of Marcaine and steroid, and splint therapy. The l.~W OFfICES OF TIMOnlV A, SHOLLENBERGER I~!(\ L1~l1LE~IO\\'N Ro...n . PO OOX t<'l~..~ . .tARRI~I\l!Rli. rA 171('t).j~H~ 17171 n4.l700 . FAX 17171 21<4."212 " splint therapy proved unhelpful and Diana encountered complaints from customers while at work. He later prescribed Flexeril, a muscle relaxant, in addition to the other medicines she was taking. Nine months after the collision, Diana underwent bilateral arthroscopic lysis and lavage which showed right TMJ disc dislocation with stage IV chondromalacia and DJD, and left anterior disc dislocation with ankylosis, scar formation and stage IV chondromalacia. Following the surgery she went through physical therapy and several prescription medicines all of which failed to relieve Diana's pain. Two months after this surgery Diana underwent a second set of injections performed by Dr. Beaudry. At this point Diana experienced a slight improvement in her condition but then relapsed necessitating repeat joint injections for pain relief. Dr. Beaudry diagnosed Diana with chronic bilateral TMJ discal dislocation, traumatic osteoarthritis, chondromalacia and myospasm associated with headache resulting from the July 1, 1992 collision. According to Dr. Beaudry, Diana's prognosis is grim and she will continue to need treatments for her condition in the future. In February of 1994, Dr. Beaudry prepared a report in which he stated "Diana Landis prognosis is grim. Her MRI scans of 10/28/92 showed displaced disc bilaterally which reduce on partial opening. She has responded poorly to medical, physical therapy and splint management, Joint LAW OFFICES OF T1MOTIlI' A. SHOLLENBERGER I~l~ L1NOLESTCNo'N ROAD . r.O!lOX ""545 ' IlARRISRURO, rA 111('0.0\4\ 11I11114-l100 . FAX 11I11114,811l --..,......--~.,-_.- -. '. injections have been moderately helpful in relieving her pain but these are palliative measures at best. She is unable to chew, only the softest of foods. She has tried to maintain her work schedule but is obviously slowed by her condition, especially due to her chronic headaches, fatigue, sleeplessness and medication use." He goes on to state in part "She will be managed as best as possible non- surgically. However, she will progress to disc removal and partial synthetic joint replacement within this year." His conclusion was as follows: "In conclusion, Mrs. Landis has a permanent bilateral joint condition which has not responded well enough to allow her a normal life without pain, She faces serious surgical intervention this year". During the balance of 1994 and the beginning of 1995, Diana continued to be treated conservatively, both with medications and regular office visits, as well as with injections. However, a repeat MRI taken on March 2, 1995 was read as follows: "Incomplete interior translation bilaterally is associated with anterior dislocation of the menisci, On the right side, the meniscus makes a partial attempt to cover the head of the condyle but with incomplete anterior translation, this never occurs, There is degenerative flattening and spurring of the head of the condyle on the right side with minimal similar degenerative change also seen toward the right manibular condyle." In July of 1995, Diana underwent a surgical procedure LAW OFFICES OF T1MOnlV A, SHOLLENBERGER 1~10 L1NGLE.<TO\l'N ROAIl ' PO. !lOX IlOH\ ' HARRI;;!lURG, rA 1710<>.0141 17l11lH,llOO . FAX 17171114,~1Il "'''.''. > at the Polyclinic Medical Center which Dr, Beaudry characterized as "bilateral coronoidectomies". Most recently, Dr. Beaudry has advised that he believes that Diana will require a total joint replacement in the future. Due to the injuries she sustained as a result of this collision, Diana can no longer enjoy the lifestyle she had previously enjoyed. She can no longer take long trips on motorcycle because of the pain that she experiences while wearing a helmet. Diana has also been unable to take the motorcycle safety course which she was scheduled to take in July of 1992 because of the possibility of further aggravating her injuries. She lives day to day not knowing if she will be able to bear participating in social or physical activities because of the pain she must endure on a daily basis. Diana has lost her senses of taste and smell due to her collision related injuries and no longer enjoys eating because of the pain she endures while chewing. She says that she eats because she has to but she does not enjoy eating the things she previously enjoyed. III. Principal Issues of Liabilitv and Damaaes, A. As To Liability. (i) Was the Defendant, Robert Sheaffer, who was LAW OFFICES OF TIMOTIlY A, SHOLLENBERGER I~l~ L1SGLESTcnOS ROIID ' P.O. IlOX "'1'1 . HARRISBURG. rA 111"".()m (1111 m.llOO ' FAX 11I11llHlIl ".,"_...:..,,~...". -. "0 acting as an agent, servant and/or employee of the Defendant Suburban Roofing, negligent in the operation of his vehicle? (ii) Was the negligence of the Defendant, Robert Sheaffer, a substantial factor in cauoing the harm to the Plaintiff? (iii) Was the Plaintiff, Diana Landis, negligent in the operation of her vehicle? (iv) Was the contributory negligence of the Plaintiff, Diana Landis, a substantial factor in causing the harm to the Plaintiff? B, As to Damages, (i) In what amount is the Plaintiff entitled to damages for pain and suffering, unreimbursed medical expenses, loss of life'o pleasures and disfigurement? IV. Leoal Issues Reoarding Admissibilitv of Testimonv, Exhibits and Anv Other Matter and Leoal Authorities Relied Uoon. Plaintiff agrees to stipulate to the admission of medical records for the purpose of establishing Plaintiff's complaints and as to the fact of treatment. Plaintiff will agree to stipulate to the authenticity of medical and business records to avoid the necessity of calling records custodians to verify and authenticate them. Plaintiff reserves the right to file a Motion in Limine I A'J,,' nnlcES Of TIMOTIIl' ^, SIIOLLEN8ERGER ''':l'IINtill!'oI,"",'NfhV.ll. PO l\l.lXfIQ~4~ . UARR1SI\URO.PA 171C6.0~.n n'7IlJ4.11~\' . !-AX t717J 114.Alll .. '. if same becomes necessary, including but not limited to the issue of the admissibility of the estimate of repairs to the vehicle. V, Witnesses to be Called. 1, Diana Landis 2. Officer S. Morgan, Lower Allen Township Police Department. 3, Emily W. Matlin, D.O. 4, Robert J. Beaudry, Jr" DMD 5, Dr. Robert 0, Blake 6. Teggy Smith 7. Barbara J. Slabe, D.M,D. 8. Witnesses as may be necessary to establish authenticity and admissibility of exhibits and records. 9, Witnesses identified but not called by the Defendants. VI. Exhibits. A. Medical Treatment Summary. B. Not to Scale Diagram of Accident Scene. C. Photographs of the Plaintiff. D. Charts Depicting the Temporomandibular Joint. E, MRI's, X-rays and other diagnostic studies, including: 1) MRI of Plaintiff's jaw taken 10/28/92; and LAW OFFICES Of TIMOTHY A. SHOLLENBERGER 1120 L1NGlESTCNJN ROAIl . P,O. BOX t>Om . HARRISBURG, PA 17\().,O\4\ 17I71lH.1700 ' FAX 11I71114.8lll ", .. 2) MRI of Plaintiff's jaw taken 3/2/95. F. Relevant portions of the medical records of the following providers: 1) Emily W. Matlin, D.O. 2) Robert J, Beaudry, Jr" DMD 3) Dr, Robert 0, Blake 4) Barbara J. Slabe, D.M.D, 5) Polyclinic Medical Center 6) Holy Spirit Hospital 7) Lower Allen E.M.S. 8) Mechanicsburg Rehab P.T. G. Videotapes of Temporomandibular Joint in Normal Individual and Diana Landis. H. Instructional Diagram Board of Human Jaw. VII. Current Status of Settlement Neqotiations, On Tuesday, August 16, 1995, counsel spoke by phone regarding settlement. Plaintiff's counsel will secure settlement authority prior to the pre-trial conference. LAW OFFICES OF TIMOTHY A. SHOLLENBERGER Attorneys for Plaintiff DATE: fl/J6-VS I- I~ Irq , LAW OFFICES Of TIMOntY A. SHOLLENBERGER 1810 L1NGLESTOWN ROAD . ro.!\Ox 60141 ' HARRISBURG, rA 171C6"'\41 11111ll4.17OO . fAX 17I11ll4,8lI1 ,~ ..,' DIANA LANDIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v, NO. 329 CIVIL 1994 ROBERT SHEAFFER and SUBURBAN ROOFING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Kelly F, Melcher, Law Clerk to Timothy A. Shollenberger, do hereby certify that I have served a copy of the within Pre-Trial Memorandum by depositing a true copy in the United States Mail, postage paid, at Harrisburg, Pennsylvania, addressed as follows: David L. Schwalm Thomas, Thomas & Hafer 305 North Front Street Sixth Floor P,o. Box 999 Harrisburg, Pa 17108 LAW OFFICES OF TIMOTHY A, SHOLLENBERGER Attorneys for Plaintiff f By Kelly F. Me! Law Clerk t Timothy A, Shollenberger DATE: 't/tr/?r LAW OFFICES OF TIMOTHY A, SHOLLENBERGER I~IO L1NOLESTa.vN ROAO . r.o. OOX 60\4\ ' HARRISRURO, PA 17100.0\4\ 1lI111J0700 . FAX 1lI711H,~1Il . DIANA LANDIS, : IN THE COURT OF COMMON PLEAS plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 329 CIVIL 1994 . ROBERT SHEAFFER and . CIVIL ACTION-LAW . SUBURBAN ROOFING, . . Defendants . JURY TRIAL DEMANDED . DEPENDANTS' PRE-TRIAL MEMORANDUM X. STATEMENT OP THE BASXC PACTS AS TO LXABXLXTY On July 1, 1992, Plaintiff and Defendant Sheaffer were travelling on the exit ramp from Route 15 to proceed westbound on simpson Ferry Road in Lower Allen Township. As they approached the end of the exit ramp, Defendant Sheaffer observed the plaintiff's vehicle stop. He proceeded to stop his vehicle approximatelY 10 to 15 feet behind the plaintiff's vehicle. He looked to his left and made an observation that there were no vehicles coming. He had stopped between 15 to 20 seconds before he pulled forward. As he proceeded forward, he struck the Landis vehicle, which had failed to proceed forward onto simpson Ferry Road. The impact did not cause any damage to the vehicle being operated by Defendant Sheaffer. XX. STATEMENT OP THE BASXC PACTS AS TO DAMAGES See plaintiff's Pre-Trial Memorandum. Defendants contend that plaintiff's jaw problems are unrelated to and were not caused by the automobile accident. " III. STATEMBNT AS TO PRINCIPAL ISSUES OF LIABILITY AND DAMAGBS 1. Whether Defendant Sheaffer was negligent. 2. Whether the negligence of Defendant Sheaffer, if any, was a substantial factor in bringing about the injuries sustained by plaintiff. 3. Whether Plaintiff was contributorily negligent. 4. Whether the negligence of Plaintiff was a substantial factor in bringing about the injuries sustained by plaintiff. 5. Damages, if any. IV. SUMMARY OF LBGAL ISSUES REGARDING ADMISSIBILITY OF EVIDBNCE The medical bills are not admissible into evidence since plaintiff is not entitled to recover any portion of such medical bills and the admission of such evidence would result in prejudice, confusion of the issues or misleading the jury. 75 Pa.C.S.A. Sl722. V. IDENTITY OF WITNESSBS TO BE CALLED Robert Sheaffer Officer Morgan, Lower Allen Township police Department Plaintiff Diana S. Landis - as on cross-examination John R. Zeleznock, D.M,D., oral surgeon expert Representative of Plaintiff's employer Defendants reserve the right to call as witnesses any individuals listed in the pre-Trial Memorandum of Plaintiff. -2- '--" (THO~!. THOMAS & HAFER '- ~<1\ <l By Da~d ~I s~';-~~e Attorneys for Defendants Robert Sheaffer and Suburban Roofing 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 - VI. LIST OJ' EXHIBITS Police Accident Report Photographs of accident scene Photographs of Defendants' vehicle Medical and dental records of Plaintiff Plaintiff's employment records In addition, Defendants reserve the right to use any exhibits listed in the Pre-Trial Memorandum of Plaintiff. VII. CURRENT STATUS OP SETTLEMENT NEGOTIATIONS There have been no settlement negotiations since the commencement of this lawsuit. DATED: ~\l1lq5 -3- .. .. DIANA S. LANDIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 32q C,'v, I /qCfY ROBERT SHEAFFER and SUBURBAN ROOFING, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY: PLEASE ISSUE A WRIT OF SUMMONS AGAINST THE DEFENDANTS, ROBERT SHEAFFER AND SUBURBAN ROOFING. DEFENDANT SHEAFFER CAN BE SERVED AT 266 CUMBERLAND STREET, HARRISBURG, DAUPHIN COUNTY, PENNSYLVANIA, DEFENDANT SUBURBAN ROOFING CAN BE SERVED AT 1016 ALLENDALE ROAD, MECHANICSBURG, CUMBERLAND COUNTY, PENNSYLVANIA. RESPECTFULLY SUBMITTED, LAW OFFICES OF TIMO~H~ A. SHOLLENBERGER ~, Y By I . Timot~ . Shol enberger, Attolfrfey I. D, No. 34343 DATE: 1/25/94 , , LAW OFFICE.~ OF TIMOTHY A. SHOLLENBERGER 18/0 L1NOLESTl~ ROAIl ' ro. AOX ""14\ ' IlARRISBURO, rA 17I06-om 1m) 214-1700 ' FAX t1l7111HlI! .. :;-.. "" ') ;~) :s:: 0- M ..... N }. ~.. oX. ~, ',: 'p I:. . ~ f ~_ ~... . ~ :-~ ~:': :: ., j}~ ~ .. ~~ ~ C 'V' 1\ - '~ I, ~ U c::.: ":J" en - (-~ ,~" :z: ~. --. ~Q 2 ~. It-) \:t '::) '-0 ~ ::r- ~ v -' 'b ~ III ~ ~ ffi ...:I , Po~ z~ g .,. 8 IIJ .. O~ ~ .,. ~Po H Q q 0 Cl D:: ~ c5 ~ o . :;:~ Z ~ .. ~~ U>O jO \j.l ~ ..jJ III e i ~ ~ 8 .\j.l tlls:: D::Z 0 fj~ I~ Ill'.... D::ZI1l 00 It ::I: >< H.jJ ~H'tl r:..~ ~ . 0 ~ os:: r:..r:..s:: c rn .~ 8U ZO ::i!'~ r:..OQJ ~~ ~ < 2 :> D:: 0 ~O\j.l Po III " '" 2 '" ~Cl ~:;1 ...:I..-l , ~D::QJ H ;... !!! 0: OZ Po > :>:: Cl Ur:.. ~ '" U~ UH . IIlZ ~O < ~:i! ~D:: III ~ X 8 8:>:: ~ :>::~ ...:I ~ D::D:: Po ~ 8~ H>O ::i! ~~ .>D:: :>:::>:: Z~OH~ H O~ HUZUIJ 0 D::1Il . '- Commonwealth of Pennsylvania County of Cumberland Diana s. Landis Court of Common Plw w. 329 Civil I~~-- No. ------------------------------------- Robert Sheaffer and 266 Cumberland Street Harrisburg, PA 17101 Suburban Roofing 1016 Allendale Road Mechanicsburg, PA 17055 Civil Action-Law In _____ __ __ __ ____ __ _____n____ ----------------- To __.RQ~F..t__!?!:1!'!A.n~_'~D~U?\!!?~[LI!QQfJ-lJg You are hereby notified that Diana S. Landis -------------------------------------------------.------------------------------------------------ the PlaintiCC ha s commenced an action in ____S!y!J__IE~___________._____________________________ against you which you are required to defend or a default judgment may be entered against you, (SEAL) Lawrence E, Welker .------------------p~th~~~t;;y----------------.- January 26 94 Ilate ______________________________ 19____ /~ .- 211, (jJ,'. r By _____\H....J...u./... jL___~1..i:k:._.k..~-"- :j Ileputy /vl a vdt J-r. /1(( I{- W,',I 0 r'1""["",,, f.;,>'<.U J .r fL r ~'~101ff 0':1 01 ... I I .~ 0"1 U - 'tl ~ 01 ~o~ ....... ~~ ~i ~~ .S J '" N M I 1 I ~ I o~ I C , , ~ o o r- M I t:li N ~ r- .... r- - I I I I ~I I' c' 01 :PI ;tl I ~I cjl I I I 1 I 0., ~l .1 ~ ~' ~ II ~ ~ ~' t' .... .8 ! i~ ~ ~ UlI<~~~' '. ,.;t \D <I 01 ~! j~~ .....~I 0 .OJ I NO . I CO , 8: ....C14 I I Diana S. Landis VS Robert Sheaffer and Suburban Roofing In The Court of Common Pleas of Cumberland County, Pennsylvania No. 329 Civil Term 1994 Summons in Civil Action Law COMMONWEALTH Of PENNSYLVANIA: COUNTY OF CUMBERLAND Donald Harper, Deputy Rheriff, who being duly sworn according to law, says that on February 01. 1994 at 10:45 o'clock A.M.. E.S.T., he served a true copy of the within Summons in Civil Action Law. in the above entitled action. upon the within named defendant, to wit: Suburban Roofing. by making known unto Patty Gates, Secretary and adult in charge. at 1016 A11endale Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. R. Thomas Kline, Sheriff. who being duly sworn according to law, says that he made diligent search and inquiry for the within named defendant, to wit: Robert Sheaffer, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County. Pennsylvania, to serve the within Summons in Civil Action Law according to law. DAUPHIN COUNTY RETURN: I, William H. Livingston. Sheriff of the County of Dauphin, Commonwealth of Pennsylvania. do hereby certify and return that I made diligent search and inquiry for Robert Sheaffer. the defendant named in the within Writ of Summons and that I am unable to find him in the County of Dauphin and therefore return same NOT FOUND this 8th day of February, 1994. So Answers: William H. Livingston. Sheriff of Dauphin County Pennsylvania. Dauphin County return hereto attached. Sheriff I s Docketing Service Surcharge Out of County Dauphin County Costs: 18.00 6.16 2.00 5.00 20.50 51.66 So Answers: .--"-' /;/ _. " "," , ?...~ '-r,,',',<, ~,''''-''''...:O'-t... -/ ;;,.......:-;..<:".. -.- . //.(-7! /;.e;-~ ? R. Thomas Kline, Sheriff Pd. by At ty . 2-14-94 :h' ..~ EY / u L/ .' . /' yepu ty Sheof'i Sworn and Rubscribed to Bef~re Me 1994, A,D. Day of 1..'...., ') I ) ()/., -~ 6" , ttl", Proth notary ,\.y:il . This 11g- S'I-A SIIERIFF I S RE'!'UHN NO. 329 Civil Term 1994 PAGE 371 COMNONWEALTH OF PENNSYLVANIA I COUNTY OF DAUPHIN I I, \'lilliam H. Livingston, Sheriff of the County of Dauphin, Commonwealth of Pennsylvania, do hereby certify and return that I made diligent search and inquiry for Robert Sheaffer the defendant named in the wi thin WRIT OF SUMMONS and that I am unable to find Him in the County of Dauphin and therefore return same NOT FOUND this day of li"ohr11Rry , 19 94 R..~ , ' So Answers "1;;.ae~ If. . ~~~J Sheriff of Dauphin County, Penna, Sworn and subscrib~d to before me this 9th day of February, 1994 (!/- J )'1 "J~!~,O,1U':t e-. , I PRO'l'1I0NO'l'ARY P . " i ,'l, ,,.,, \ '~v~v.{.{L Deft no longer lives at this address. bought the house a month ago. Slwriff's Cost $~t),,:;c / I/",j 1/3// Ii"; . If 1.1 11-.5 II .5 ~ [) r--L(r- Christopher Woodside & Thomas Burger ..._~...-u_.,... .._......_., ,............., _ . l~ T"'c:. C"'urt CT C-mm-..... -!.=-'" "'T c...' "-.,,~:......d {'....r..:-..'I ''1 :.-... . '-II.'la....&.~__l;I....- -..l&.._........_" ......., ."11 ? snr:sy I 'I::n i:: D'iana S. Land is 'is. Robert Sheaffer ~o. 329 Civil_Term 1994 ----. :?- " January 27, 1994 .;ow, _ :'9--. 1. S:~.!::: O'S C~t:S..:--".!.A...'lD COt.~,:,y. ?-\..., co h=-..bv cL::ue:: :.:::: S~.s oi Dauphin c,=ty ~ =.1:': .:.:. W:::, ... .. . .. . .. ... -,' ,- :.::.:s =--;:u::::cn ==:11 -..-- u :.:::: .....~.=:n :':C1 :--2 Ot :.:e .:'..3::.:I. ".(2/ /./A :r' >~-r."""'~ /'" ~ Sl1e..-::r at C::::!:er'.:d C~W1t7', :'3. . As'daYit or Semc::: ~ow, !!? eo o'.:!ca ',L 1:-..::i ::e ';Vir:':", ~pca ~t by ==~ :0 30 c::py oi = :2:-=~-"'I1 ... me -~,;. i=wu :xl :.:: .:::t:::3 :::::::L So =sw=, Shc:::i of CoUAtT, "'" . Swcc =d mi::=-:i:d bc::an: . ==:.!::s ayoi CO51'S SEAVICZ ~a:LL\G&: A::~w^yTI s '0 .-- s r_ "-a. LAW OFFICES OF TIMOTHY A. SHOLLENBERGER Attorneys for Plaintiff Esq. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA, NO, 329 Civil 1994 CIVIL ACTION - LAW DIANA S. LANDIS, Plaintiff, ROBERT SHEAFFER and SUBURBAN ROOFING, Defendants JURY TRIAL DEMANDED PRAECIPE TO REISSUE WRIT OF SUMMONS PLEASE REISSUE THE WRIT OF SUMMONS WITH REFERENCE TO THE ABOVE-CAPTIONED ACTION. DEFENDANT ROBERT SHEAFFER CAN BE SERVED AT 249 EMERALD STREET, HARRISBURG, DAUPHIN COUNTY, PENNSYLVANIA. Respectfully submitted, DATE: March 24, 1994 LAW OFFICES OF TIMOntv A. SIIOLLENBERGER 1510 LINGlESTO\\'N ROA\l ' ro. oox 001.1 . HARRIS8URG, rA 17I06,OHI (7171 n4.1700 . FAX 17171 HH.ZI2 (0) III i:i ...:I, PI< Z~ Of'l ~PI 0 o ~"":3: f'l U><O\<O E-<O\...:IZ g;f3....I~ 0...:1 ~ E-<UHZO I>: :>0 OOHH...:I OZUE-<< U< UH ...:10\<1>: f'lI>:N E-< :I:f'lM...:I E-<l!:l H>< :s ,:>1>: ZOOHO HUZUI-) ":f' en . E 10 PI N ::;.... -c.... 'cy;.P, t.u (") <.', :.~ ~Ol'\':.l": l6,Ou.._~ '.~ ~x f'.'J;. (')':'~'", , <..f ').~ .;"'1 j ;-t' "I......r;; l.~h' . '.;,"\.. .;.::'> ;~, <'" II'> r...., ... -. :c .... ~.... lIl'" H.jJ OS:: Z'" j~ PI . III < ~ H o 'tl s:: . on 1Ill.'J.jJ ZS:: I>:HlIl f'l~'tl ~OS:: ~OQl <1>:.... f'l Ql ffi~o E-<gJ 1>:0 f'll!:l l!:ll>: 00 I>:Ul f'l P III lIlUl HZ gJO ~ 00 E-<Ul f'l~ PlO H UE-< f'lH ~!i PI llI: I.LI I ~ ~ ~ ~ ; i ~.( " >0 ~ ~ ::0: 1= ~ ~ ~ ~ ~ ~ - Cl ~ ~ ~ 1Il C2 .. < :t . > SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND In the Court of Common Pleas of Cumberland County, Pennsylvnaia NO'329 Civil Term, 1994 Reissued Writ of Summons Diana S. Landis VS Robert Sheaffer and Suburban Roofing SERVE: Robert Sheaffer R. THOMAS KLINE, Sheriff, who being duly sworn according to law, says, that he made diligent search and inquiry for the within named defendant, to wit: Robert Sheaffer- bu t was unable to loca te him in his bailiwick. He therefore deputized the sheriff of Dauphin County, Pennsylvania, to serve the within Reissued Writ of Summons On April 6, 1994 , this office was in receipt of the attached return from Dauphin County, Pennsylvania. Sheriff's Costs: Docketing Out of County Surcharge Dauphin Co. So answers: Sworn and 14.00 5.00 2.00 20.50 41.50 Pd. by Atty. subscribed to before me 4-6-94 -:' ~.,...........,(f';""" ./ ~,' - (,_r,. ('l R. THOMAS KLINE, Sheriff this .1..'1:: day of ~ 19 <i'1 , 1\. D. ( () . ~;,~tllonoia~~d~v, , . 10. fit' S II-A . . SHEHIFF I S IH::'l'UHN NO. 329 Civil 1994 I'NJE 487 COMHONWEAL'l'H OF PENNSYJNANIA I COUNTY OF DAUPHIN I I, William H. Livingston, Sheriff of the County of Dauphin, Commonwealth of Pennsylvania, do hereby certify and return that I made diligent search and inquiry for Robert Sheaffer the defendant named in tho wi thin Reinstated Writ of Surmons and that I am unable to find him in the Cuunty of Dauphin and therefore return same NOT FOUND this 5th day of April , 1994 . ' So Answers r;"r~ ?r"~~ Sheriff of Dauphin County, Penna. Sworn and subscribed to before me this 5th dny of April 1994 (;: ' ~__... I \.)i,'{"I",1r .', ~/-J/ Lv,v , " ~. , I ja'tl.~7U;) PRO'ruONO'l'ARY Sheriff's Cost $,;?& StJ . . Commonwealth of Pennsylvania County of Cumberland ,. .' ... c ',,-... '-1.,'-1' r(-('OAD ! \~lJt. J' .... r r r,.j!"1 ,. t:: .I I.,' <.:It,,rjV \""::":'~; . ;l.'!~. Ijr)H, i,'.t my t,,:sma ." ' " '. ' : ~~:., ~~i~/~1 '~i .: .:n L!'lirl a,; (;~I!!:,i\;. t/(j. :"I;'~5~e'~~-f.t~,'_'''' I~~q,/ i.l ~ !"::,",:"~ctary ----.. Diana S, Landis Coun or Common Picas VI. 94 19nn 329 Civil No, Robert Sheaffer and :/66 Currberland Street Harrisburg, PA 17101 Suburban Roofing 1016 Al1enda1e Road Nechanicsburg, PA 17055 III n _ _~~~/.i~~_ !:'::.~~~!l_:~~___ __ _m_____________ To __ Jl_q~f.t__I1!:l.AA~f~LJ~!.l~U~Y1?11.~QgttBQ9f.i.l}g You are hereb)' notified that Diana S. l.andis ..----.---------------------------------------.---------------~---------------------------------- lhe PlailltiCl ha S commenced an aClion ill _____~~y.tl_)"9~:_______.__________h___n___________n__ again.t )'ou which you are re(luired 10 dcCr.nd or .\ derault jc<l!{lTlen: llIay he entered again.t you. (SF.AL) I....'lwrence E. ~Ielker .---------------------------.---------.---------- ProlhonoL'\ry Dale __~~~::~l'__~~___m______m_ 19_~~_ /' ,. - '1.'" (!).' (" , Dy _____~._l.w..<.~__ J"n___AiI.J:ll.:..__ -!/.0f-~- l Deputy ....,,'.., "'~^"llii:i!~:;. -"'/u.. Hc./\ d r. (rq~. , CFl~:'" '.),;:~ J"l ." "I'L.' r/ ' oJ ,~! Ii,; . . . "(f ,. . , 0 0 .... M I .,. M '" .... .... .... Q!;l , 0., , t'll , , , '" I ., ... I ~I / , I jl . ~' I 'V Cl ..'3! fa ... I' I: 1 ;2 I 1:' aJ' 0'. 19 01 ::jIU :::11 CIl ~.~ ...., .... ~ 0 .." .a i .9~ ~ .~l '0 "".... ~ ~I 3 ~& , cnl.<U)LO u, .....1 ' aJ 0 I -. r-i-..o ",I .c: ,.-1, <, t,.., . Vl fa rI.l .~f ' I: ~ Vl ~I j . ",I ~] u: 1""11 ~ I .....: I , .~: o. Itl , "'0 I .... t2~ I co . Cl I - E-<' r-t ~; ~ I 1: I ~-. I ;",.1 "'-; .~ L - ;'1 .'11 'I ,~",:i:,~:1'1":;!'."', _I ,. _\ 1ft ... t 1.., In I COU...lo T C-mm....~i ~--~,. I .... ....:,,,,-...... I .'U-""I . ne 1-1 C ..,..al&ro"J, r __~ - ...."..-.-...-..,;.....,...... "'1,1 ?S:1r:syl'l::r:i :: Diana S. Lllnd is' VS. Robert Sheaffer :-lo. 329 Ciy.i1 Term 1994 ----. :?_ "ow, March 28 :'9....2.4.. !. S:~..z.::: O=' C~G:::?.!.A..'iD COt.~':Y. ?A... co =::--by ci..::u= t!:: Sb.:=.:i' oi Dauohin Cwu:ty :0 e:::::-.:t.:: .:"~ll ',V:::, ::s ==::u:::cu b~ -.,..:- :It == :-:qu=t ::ci = of :.:: :",:-:5. r~N"",~~ S'4e.~ =t S:::::!:u'..1Cd C~u:tT. :':1. A5davit or ... . ::::e:"71c:! :-iow, ~~ .. o'.:!ca ',L 1:-.00:::i ~= wi-;":" o,:pon ~t =r ==6; :.0 .. cpr ex = :J::~-.,r ,- md -!!":. !c:cwn :.0 . ::.: .::::t::.:s :'~:::::L So 3:.SW=' ~oi County. ?:. Swot: .ute! s::i::sc-:be:i bc::= == ::::s _ cy ox CC:)J. .:) :::.c..~"""C:Z ~m ':' :\GE .~:uJA"'J:7 s 19_ ---~---_. s 1- ---I "._,~","-!"..,...<,,~. DIANA LANDIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 329 CIVIL 1994 CIVIL ACTION - LAW v. ROBERT SHEAFFER and SUBURBAN ROOFING, Defendants JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that, if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money 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(s). You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator CUMBERLAND COUNTY COURTHOUSE 4 th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 LAW OffiCES OF TIMOTIlY A. SHOLLENBERGER 1810 lINGlESTOWN ROAD . ro, IlOX 601~1 . HARRISBURG, PA 17I()6,014l 1717111H700 . FAX I717111HlIl DIANA LANDIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 329 CIVIL 1994 CIVIL ACTION - LAW JURY TRIAL DEMANDED ROBERT SHEAFFER and SUBURBAN ROOFING, Defendants NOTIcIA LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso 0 notoficacaion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. usted puede perder dinero 0 sus propiededas 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA o LLAME POR TELEFONO A LA OFIcINA cUYA DIRECCION SE ENCUENTRA EScRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE cONSEGUIR ASISTENcIA LEGAL. Court Administrator CUMBERLAND COUNTY COURTHOUSE 4th Floor One Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 LAW OffiCES OF T1MOTIlY A. SHOLLENBERGER 1820 L1NULESTOWN ROAD . ro, IlOX 1I05Il . HARRISBURG, rA 17106,0511 C7111110100 . FAX C71111lH21l '''''.....--:.-.......,...._.d.,~.''''r..._ DIANA LANDIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. v. NO. 329 CIVIL 1994 ROBERT SHEAFFER and SUBURBAN ROOFING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW comes the Plaintiff, DIANA LANDIS, by and through her attorneys, LAW OFFICES OF TIMOTHY A. SHOLLENBERGER, and does respectfully represent the following: 1. The Plaintiff, DIANA LANDIS, is an adult individual who currently resides at P. o. Box 415, Lewisberry, York County, Pennsylvania. 2. The Defendant, ROBERT SHEAFFER, is an adult individual whose last known address is P. O. Box 11645, Harrisburg, Dauphin County, Pennsylvania. 3 The Defendant, SUBURBAN ROOFING, is a Pennsylvania corporation with offices at 1016 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania. 4. The facts and circumstances hereinafter set forth took place on Wednesday, July 1, 1992 at or about 2:30 p.m. on Exit Ramp E on State Route 8007 also known as Route 15 in Lower Allen Township, Cumberland County, Pennsylvania. 5. At the aforesaid time and place, Defendant SHEAFFER was operating a 1988 Chevrolet c-30 on Ramp E of the aforementioned State Route 8007 directly behind a 1967 LAW OffiCES OF TIMOnlY A. SHOLLENBERGER 1820 L1NOlFSTOWN ROAD . ro, OOX 60545 . HARRISBURG, rA 11106"'545 17171114,1700 . FAX 11171 !lUll! r.~. ..-.-,~ ,,",,'~" . 'e. Dodge Dart GT owned and being operated by the Plaintiff. 6. At the aforesaid time and place, after the Plaintiff stopped her vehicle for a stop sign at the bottom of said Ramp the Defendant, ROBERT SHEAFFER, failed to bring the vehicle he was operating to a "stop" and collided with the rear of the Plaintiff's vehicle. 7. At all times relevant to the within stated cause of action, Defendant SHEAFFER was acting as the agent, servant and/or employee of the Defendant, SUBURBAN ROOFING. 8. At all times relevant to the within stated cause of action, Defendant SHEAFFER was acting within the course and scope of his employment with Defendant SUBURBAN ROOFING. 9. The aforesaid collision was the direct and proximate result of the negligence of the Defendant, SUBURBAN ROOFING, acting through its agent, servant and/or employee, ROBERT SHEAFFER, and the direct and proximate result of the negligence of the Defendant, ROBERT SHEAFFER, individually in operating the Chevrolet C-30 in a careless, reckless and negligent manner as follows: a. in failing to have the vehicle he was operating under proper and adequate control; b. in failing to operate the vehicle at such a speed and in a manner so as to be able to stop within the assured clear distance ahead in violation of ~3361 of the Pennsylvania Motor Vehicle Code; c. in failing to apply the brakes in time to avoid a collision; d. in permitting or allowing the vehicle to strike and collide 2 LAW OFFICES OF TIMOTIIY A. SHOLLENBERGER 1620 L1NGLESTCfWN ROA!> . ro, IlOX 60141 . HARRISBURG. rA 1111'6.j)!41 11171214-1700 . FAX 17I71214o6lIl with the rear of the vehicle operated by the Plaintiff; e. in failing to drive at a speed and in a manner that would allow him to stop within the assured clear distance ahead; f. in failing to keep a proper look-out and to notice within a reasonable time the Plaintiff's vehicle stopped in front of him; and, g. in otherwise operating said vehicle in a careless, reckless and negligent manner and in a manner violating the Motor Vehicle code of the Commonwealth of Pennsylvania. 10. As a direct and proximate result of the negligence of Defendants, ROBERT SHEAFFER and SUBURBAN ROOFING, the Plaintiff, DIANA LANDIS, has suffered serious and permanent injuries including, but not limited to: a. chronic bi-lateral discal dislocation of the temporomandibular joint with chondromalacia of the joint and myospasm associated with headache; b. post-traumatic osteoarthritis of the temporomandibular joint; c. severe strain and sprain of the muscles, tendons, ligaments and other soft tissues at or about the cervical and thoracic spine; d. post-trauma cephalgia; e. cervical brachial syndrome; f. lumbar intervertebral disc syndrome; g. cervical cranial syndrome; 3 LAW OFFICES OF nMOTIIY A. SHOLLENBERGER 1820 lINGLESTOWN ROllO . ro, BOX 60141 . HARRISDURO. r^ 17106-0141 1l17l114-l700 . FAX 17171114,811l h. thoracic disc syndrome; i. post-traumatic diminishment of the senses of smell and taste; j. severe shock to nerves and nervous system; and, i. extreme mental and physical anguish. 11. As a direct and proximate result of the aforesaid injuries, Plaintiff DIANA LANDIS has undergone and in the future will undergo great pain and suffering for which damages are claimed. 12. As a further result of this collision, Plaintiff DIANA LANDIS may incur reasonable and necessary medical and rehabilitative costs and expenses in excess of the amounts paid or payable pursuant to Subchapter B of the Pennsylvania Motor Vehicle Financial Responsibility Law, workers' compensation or any program, group contract or other arrangement for payment of benefits as defined in 75 Pa. C.S.A. lil719. 13. As a further result of the aforesaid injuries, Plaintiff DIANA LANDIS has suffered and may continue to suffer a loss of earnings for which damages are claimed. 14. As a further result of the aforesaid injuries, Plaintiff DIANA LANDIS has suffered a permanent diminution in her earning capacity and power for which damages are claimed. 15. As a further result of the aforesaid injuries, Plaintiff DIANA LANDIS has sustained a permanent diminution in his ability to enjoy life and life's pleasures for which damages are claimed. 4 LAW OFFICES OF TIM0TI1Y A. SHOLLENBERGER 1820 lINGLESTOWN ROAD ' PO, OOX 60545 . HARRISBURO. PA 17lil6oC545 17171134-3700 . FAX 17171114.Sl1l 16. As a further result of the aforesaid injuries, Plaintiff DIANA LANDIS has incurred or may hereinafter incur financial expenses and losses which exceed sums recoverable under the limitations and exclusions of the Pennsylvania Motor Vehicle Financial Responsibility Law for which damages are claimed. WHEREFORE, the Plaintiff, DIANA LANDIS, demands judgment of the Defendants, ROBERT SHEAFFER and SUBURBAN ROOFING, in an amount in excess of Twenty Thousand ($20,000) Dollars and in excess of the amount requiring compulsory arbitration. Respectfully submitted, LAW OFFICES OF TIMOTHY A. SHOLLENBERGER Atto eys for Plaintiff Esq. Date: April 28, 1994 5 LAW OFFICES OF TlMOTIIY A. SHOLLENBERGER 1810 L1NOLESTC1oVN ROAD . ro, IIOX 60545 . HARRISBURG. PA 17106-0\4\ 17171114.J700 . FAX 17l71114.8111 tl ('''\ AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : 55 Diana Landis , being duly sworn according to law deposes and says that she is the Plaintiff the foregoing action; that the facts and allegations contained herein are based upon facts given by the Plaintiff to her counsel and are true and correct to the best of her knowledge, information and belief; that the language of said Complaint is that of Plaintiff's has relied upon counsel in in counsel and making this based upon that she Complaint her and subscribed before me, Public, this 28th day of , 19~ -l./-.., NorMI DEC. CH, NOTARY Pl8.lC HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPlilES JUNE 25. 1994 lAW OFFICES OF TIMOnlY A. SHOLLENBERGER 1820 IINGLfSTOWN ROAD . PO, BOX .om . HARRISBURG. PA 1lI~,O\4\ (1111lH,1700 . fAX 1117) 1I..s111 d'; - tJI. >- "'. .r '" ~ . " ;~~ :: ' = C\_ m '" N '." ....... \'0) - -. =-= Ul Oll: r4 fa ..:I' Po. < Z~ ~ ~ III ... Or4 ~ ~Po. Cl 'V ~" ~ o .... ~ r4 I: ~~~~;: U><"'jCl .... III ..jJ E-< aSli~ E-<'" ~ .... CIS:: Z r..z.... ..-1 Il::ZItl H 6:1: ~. O~ I .jJ r4H'O j rn .li1 0..:1 r4 .S:: . r..r..1: ~..: ~ s E-<UHZQ Ul.... > ~OQJ Po. Il:: :;:00 Hill 0.... ~ ;...!l !!l ~ClHH..:I Q,...f r4Il::QJ :I: - ~ OZUE-<Oll: ~Po. :t: Cl U UOll: UH UlZ b ~ p'l"'<1l:: ..:I Oll: r4 N E-< ~gJ ::E :t:r4l"l..:l < 1= E-<~ H>< ~ r4~ ,:;:Oil:: III III Z~OHt:l H Ot:l HUZUI-) Q Il::Ul . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 329 CIVIL 1994 CIVIL ACTION-LAW : JURY TRIAL DEMANDED DIANA LANDIS, plaintiff v. ROBERT SHEAFFER and SUBURBAN ROOFING, Defendants PRAECIPE FOR ENTR~ OF APPEARANCE TO: Lawrence E. Welker, Prothonotary Please enter the appearance of the undersigned as counsel for Defendants Robert Sheaffer and Suburban Roofing in the above- captioned action. THOMAS, THOMAS & HAFER ~-~~ David L. schwalm, Esquire Attorneys for Defendants Robert Sheaffer and Suburban Roofing 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 DATED: 5 ho 1..,\ THOMAS, THOMAS & HAFER ~. ~~J--cL Dav~d ~1chwalm, Esquire Attorneys for Defendants Robert Sheaffer and Suburban Roofing 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 ~ CERTIFICATE OF SERVICE I, David L. Schwalm, Esquire, of the law firm of Thomas, Thomas & Hafer, attorneys for Defendants Robert Sheaffer and Suburban Roofing, do hereby certify that on this date I served the foregoing praecipe for Entry of Appearance, by placing a true and correct copy of the same in the United states mail, postage prepaid, at Harrisburg, pennsylvania, addressed to: Timothy A. Shollenberger, Esquire 1820 Linglestown Road P.O. Box 60545 Harrisburg, PA 17106 DATED: S /lol'll'\. -::r en ~ " of).. :r.:: n_ 00 ,.J C'J 0- ., :;::- t ~~ ~~~m~ E "'8 ~ g: ~ ~ t; g ~ '-) ~ g ~ ~ ~ ~ ~ ~ E g : ~ .. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND In The Court of Common Pleas of Cumberland County. Pennsylvania No. 94-329 Civil Term Notice. Complaint Plaintiff's Request for Production of Documents Directed to Defendant Set One, Interrogatories Propounded by Plaintiff to be Answered by Defendant Diane Land is VS Robert Sheaffer and Suburban Roofing Michael Barrick, Deputy Sheriff, who being duly sworn according to law. says that on May 05, 1994 at ~:46 o'clock P.M., E.D.S.T.. he served a true copy of the within Notice, Complaint, Plaintiff's Request for Production of Documents Directed to Defendant, Set One, Interrogatories Propounded by Plaintiff to be Answered by Defendant, in the above entitled action. upon the within named defendant, to wit: Robert Sheaffer, by making known unto Robert Sheaffer at 415 Bosler Ave., Lemoyne, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and attested copy of the same. Ronald L. McKillip, Deputy Sheriff, who being duly sworn according to law, says that on May 04, 1994 at 9:29 o'clock A.M., E.D.S.T., he served a true copy of the within Notice, Complaint Plaintiff's Request for Production of Documents Directed to Defendant Set One, Interrogatories Propounded by Plaintiff to be Answered by Defendant, in the above entitled action, upon the within named defendant. to wit: Suburban Roofing, by making known unto Donna Gates, Secretary and adult in charge. at 1016 Allendale Road, Mechanicsburg. Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and attested copy of the same. Sheriff's Costs: Docketing Service Surcharge So An~s: ~/ rg~.e<.1~ R. Thomas Kline, ~~riff BY /-ifLA / ~ Deputy She 'ff_1 J- BG 6l1cJ2d ~(p;i!-~ Deputy Sheriff -/ 18.00 8.96 4.00 30.96 Pd. by Atty. 5-06-94 Sworn and Subscribed to Before Me This /3~. Day of fl1, A.D. OJ....,1, ft. Ihlf-P""IIQp;,_ p7ot!honotary 1994, ,oo...~_-__.." THOMAS. THOMAS 8& HAFER David L. Schwalm. Esquire 305 North Front Street P.O. Box 999 Harrisburg. PA 1'108.0999 ('171 255-'643 ('17123'-'105 (Fex) Attorney for Defendant DIANA LANDIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY-PENNSYLVANIA v. NO. 329 CIVIL 1994 CIVIL ACTION - LAW ROBERT SHEAFFER and SUBURBAN ROOFING. Defendants JURY TRIAL DEMANDED STIPULATION OF COUNSEL It is hereby stipulated and agreed to by Timothy A. Shollenberger. Esquire, attorney for Plaintiff, and David L. Schwalm, Esquire, attorney for Defendants, that the averments set forth in Paragraphs 9(g) of Plaintiff's Complaint are withdrawn. THOMAS. THOMAS & HAFER lie Linglest wn Road O. Box 605 5 Harrisburg. PA 17106-0545 (717) 234-3700 NBERGER .f#/~ \).~~ q~f' David L. Schwahn. Esq\J1ie 305 North Front Street P.O. Box 999 Harrisburg. PA 17108-0999 (717) 255-7643 Date: 2/\1/91.{ "="" en - ::c: 0- m r-I :-.. ~~~-.. .- .~ t~ ~~ ~:J .4~~ I:;:; -:.) ~:! t. '.<.:;.... ".' I ~J I "" .,"" _,r r ,1".:-: ". ;:,.,\0; (L en - ,q :c :..~ :;;t.' ~ ~ Li ~~~m~ tl 'lI ~ g: i ~ ,,~>C Ii ~ 1""" g ~ ~J j i ~ ~ m" ~ ~ ~ ~ " , .. . t' P' :,'-\] .---. r'" THOMAS, THOMAS &. HAFER David L. Schwalm, Eaqulre 305 North Front Street P.O, Box 999 Harrisburg, PA 1710S.Q999 (717) 255.7643 (7171 237.7105 (Fax) AttorneV for Defendant DIANA LANDIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY-PENNSYLVANIA NO. 329 CIVIL 1994 v. ROBERT SHEAFFER and SUBURBAN ROOFING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED TO: PLAINTIFF and TIMOTHY A. SHOLLENBERGER, ESQUIRE, HER ATTORNEY YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. I.. HOMAS, THOMAS &. HAFER Date: b\\~l~4 DAVID L. SCHWALM, ESQUIRE 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108-0999 (717) 255-7643 ATTORNEY FOR DEFENDANT DIANA LANDIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY-PENNSYLVANIA NO. 329 CIVIL 1994 v. ROBERT SHEAFFER and SUBURBAN ROOFING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED '. >DErf~lmis'WlNSwER1AND'iNEW;MA'J~;"ER'~T'" . i\dIIJ~.eill@ff!~:P:9'MPI1AfNjj0;i;!f#!t(j~i)1-1?;, . AND NOW, Defendants Robert Sheaffer and Suburban Roofing (hereinafter "Defendants"), by their attorneys, Thomas, Thomas & Hafer, file this Answer and New Matter to Plaintiff's Complaint as follows: 1. After reasonable investigation, Defendants are without knowledge or Information sufficient to form a belief as to the truth of the averments contained In Paragraph 1, and proof thereof Is demanded. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied as stated. Defendants specifically deny that Defendant Sheaffer failed to bring his vehicle to a stop. On the contrary, Defendants aver that Defendant Sheaffer did stop the vehicle prior to the collision. 1 7, Admitted. 8. Admitted, 9, Denied. Defendants specifically deny that they were negligent, careless, or reckless, or that the accident was caused by the conduct of Defendant Sheaffer. In further answer, Defendants specifically aver: a. Defendant Sheaffer kept the vehicle under proper control; b. Defendant Sheaffer operated the vehicle In a safe manner, and stopped within the assured clear distance ahead, and did not violate the provisions of ~3361 of the Pennsylvania Motor Vehicle Code; c. Defendant Sheaffer applied the brakes and did stop the vehicle; d. Defendant Sheaffer did attempt to avoid striking the rear of the vehicle In which Plaintiff was operating; e. Defendant Sheaffer operated the vehicle at a safe speed; f. Defendant Sheaffer kept a proper look-out and noticed Plaintiff's vehicle stopped In front of him; g. Paragraph 9(g) has been withdrawn by Stipulation of Counsel. 10. Denied. Defendants specifically deny that they were negligent. As to the remaining averments contained In Paragraph 10, after reasonable Investigation, 2 Defendants are without knowledge or information sufficient to form a belief as to the truth of those averments, and proof thereof Is demanded. 11 . After reasonable Investigation, Defendants are without knowledge or Information sufficient to form a belief as to the truth of the averments contained in Paragraph 11, and proof thereof Is demanded. 12. After reasonable investigation, Defendants are without knowledge or Information sufficient to form a belief as to the truth of the averments contained In Paragraph 12, and proof thereof is demanded. 13. After reasonable Investigation, Defendants are without knowledge or Information sufficient to form a belief as to the truth of the averments contained In Paragraph 13, and proof thereof is demanded. 14. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 14, and proof thereof Is demanded. 15. After reasonable Investigation, Defendants are without knowledge or Information sufficient to form a belief as to the truth of the averments contained in Paragraph 15, and proof thereof is demanded. 16. After reasonable Investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in Paragraph 16, and proof thereof Is demanded. 3 WHEREFORE, Defendants Suburban Roofing and Robert Sheaffer respectfully request your Honorable Court to dismiss Plaintiff's Complaint without cost or judgment to them, ~'.' ""ll *~WfM'""""%~;:wt"'''''Y'''''''''~'''''$'''''''''''l''''''"'%1 . "'";W'*"'~."..'. H _~i.~~i&M~1.Ek:w;~\~fM.:~1J;~ttrl;j8:tI~t~}~~~~[t[1{~~0{W~s< . .10{ttrkU 17. Plaintiff's Injuries and damages were not caused by any acts, omissions, or breaches of duty of Defendants, but were caused In whole or In part, or were contributed to by the negligence, fault, or want of care of Plaintiff In that she: a. Failed to keep alert and maintain a proper look-out for the presence of Defendants' vehicle upon the roadway: b. Failed to maintain proper, adequate, and reasonable control of her vehicle upon the roadway: and c. Failed to proceed Into the highway when it was safe for her to do so. 18. Plaintiff's cause of action Is barred In whole or In part by the Pennsylvania Comparative Negligence Statute, 42 Pa.C.S.A. n102, et seq., or by the Doctrine of Comparative Negligence. 19. Plaintiff assumed the risk of the Injuries allegedly sustained by her by reason of her own conduct. 20. Any damages that Plaintiff may be entitled to recover In this action, which are specifically denied, are limited to those damages which are recoverable under the provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law. 4 .~.:J,t"...c:'-:: WHEREFORE, Defendants Suburban Roofing and Robert Sheaffer respectfUlly request your Honorable Court to dismiss Plaintiff's Complaint without cost or Judgment to them. THOMAS, THOMAS & HAFER ( )).~~ DAVID L. S WALM, ESQUIRE 305 NORTH FRONT STREET P.O. BOX 999 HARRISBURG, PA 17108-0999 17171 255-7643 ATTORNEY FOR DEFENDANTS Date: ,\l1o\1't 5 , . VERIPICATION I, Donna M. Gates a representative of Suburban Roofing, have read the foregoing Answer and New Matter, and hereby affirm that it is true and correct to the best of my personal knowledge or information and belief. This verification and statement is made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities; I verify that all the statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa.C.S. S 4904. . . / ~//\ /l L r '. !t'" _' ... .. .. - ffi / --L-.L,.,A....l '(j .""'}. .~ \ An Authorized Representa ve of Suburban Roofing Donna M. Gates . . I CERTIFICATE OF SERVICE I I, DAVID L. SCHWALM, ESQUIRE, of the law firm of THOMAS, THOMAS & HAFER hereby certify that on this day, I served a true and correct copy of the foregoing document on the following person(s) by placing the same In the United States Mall, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Timothy A. Shollenberger, Esquire 1820 L1nglestown Road P.O. Box 60545 Harrisburg, PA 17106-0545 THOMAS, THOMAS & HAFER ~~~ AVID L. SCHWALM, ESQUIRE Date:~ It!l~ 8 "::J" ~ ...~)- ::c <>- m ;.r ':'-l z ';.'" --, --l ~ r. ~ !l'" .. ~~~mE .. "'; ~ .. ~ ~~ ~~g~ l: i!: ci .. ~ ~ A: ~ ~~ ~ ~ ~ ~ M +"M....-.-_.. .' v. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 329 CIVIL 1994 DIANA LANDIS, Plaintiff ROBERT SHEAFFER and SUBURBAN ROOFING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER TO NEW MATTER AND NOW, comes the Plaintiff, DIANA LANDIS, by and through her attorneys, LAW OFFICES OF TIMOTHY A. SHOLLENBERGER, and does respectfully represent the following in answer to Defendant's New Matter: 17. It is denied that the Plaintiff's injuries and damages were caused in whole or in part by her own negligence, fault, or want of care. By way of further answer, the Plaintiff: a. Did not fail to keep alert and maintain a proper look-out for the presence of Defendants' vehicle upon the roadway; b. Did not fail to maintain proper, adequate, and reasonable control of her vehicle upon the roadway; and, c. Did not fail to proceed into the highway when it was safe for her to do so. 18. Paragraph 18 is in the nature of a conclusion of law and to that extent, requires no answer. LAW omcES OF TIMOTllY A. SHOLLENBERGER 181~ L1~nlESTOWN ROAD . PO, !\OX oom . "ARRISRURO. rA 17106,0545 11171 21401700 . FAX 17171214.8212 19. Paragraph 19 is in the nature of a conclusion of law and to that extent, requires no answer. 20. Paragraph 20 is in the nature of a conclusion of law and to that extent, requires no answer. WHEREFORE, Plaintiff, DIANA LANDIS, respectfully requests this Honorable Court dismiss Defendants' New Matter and enter judgment in favor of the Plaintiff and against Defendants. Respectfully submitted, LAW OFFICES OF TIMOTHY A. SHOLLENBERGER By T A Esq. Date: {p -7J.tjC/ LAW OFACES OF TIMOlllY ^' SHOLLENBERGER I.l~ L1SGLe"CN/N ROAD . rD. !lOX .om ' HARRISBURG. rA 17I06'()141 17I11110100 . FAX 17l1l1lHlII ,.,""" ) 0. .uTJ:D&vr.r COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . . SS I. Diana Landis , being duly sworn according law deposes and says that she is the Plaintiff the foregoing action; that the facts and allegations contained herein are based upon facts given by the Plaintiff to her counsel and are true and correct to the best of her knowledge, information and belief; that the language of said Answer to New Matter is that of Plaintiff's has relied upon counsel in counsel and making this based upon that Plaintiff Sworn to a Notary June Answer to New Matter Plaintiff's information. 'f b (~~~.d~ and subscribed before me, Public, this 27th day of , 19....1!.. . NOTARIAL lII:AL REIIECCA 8. RUSllATCH. NOTARY PUIllJC HARRlSllUl\O, DAUPHIN CClONTY lIY"OMIllSSlON EXPIREBJUNE2a, 1M LAW OffiCES OF TIMOTII\' A. SHOLLENBERGER 15:0 LtSGlESTO\\'S ROAl> . PO f\()X 61.)5..5 . HARRISnURG. rA 1 nC6.0S"5 tiln ~H.)jOO . F....X t7li) 2)",8111 to in AND NOW, this 9114 day of ~ , 1994, I . CBRTIPICATB OP SBRVICB Darci M. Briggs, an employee of the LAW OFFICES OF TIMOTHY A. SHOLLENBERGER, hereby certify that I this day served Answer To New Matter by placing the foregoing in the United States First Class Mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to the attorneys or parties of record as follows: David L. Schwalm, Esq. THOMAS, THOMAS & HAFER 305 North Front Street Sixth Floor P. O. Box 999 Harrisburg, PA 17108 \ a c~ M. riggs LAW OFFICES OF TIMOTHY A. SHOLLENBEGER 1820 Linglestown Road P. O. Box 60545 Harrisburg, PA 17106-0545 - ~ ~.: -::I" en ::c C"J..... U~ .1;.. '" .-l M L") <-J '" , -=, . DIANA LANDIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA v. NO. 329 CIVIL 1994 ROBERT SHEAFFER and SUBURBAN ROOFING, Defendants CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, Timothy A. Shollenberger, Esq. do hereby certify that I have served the Answer to Request for Production of Documents, by depositing a true copy in the United States Mail, postage paid, at Harrisburg, Pennsylvania, addressed as follows: David L. Schwalm, Esq. Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, Pa. 17108 " DATE: November 7, 1994 LA\\' OFfICE.' OF TIMonn' A. SHOllENBERGER 1!l!~ lISfil.l:~Tl~'S R()'''ll . ro l"-lX f'('\.", . ttARRISf\l'Rii, rA 111(lf1 ('1\4\ Olil H4.17\.'\' . F.....X(7In!l4.RZI! . ..t -::r 0"> . >->- ~!- l.ut.;S... ~:z:,:.7'" ......ou=; h..3:0J O.....:r~ .~/'j.j; .;....qr.;~ _ .dL,:.J2:' .' ~1: :~UJ ..':XCL =- 0'"' ::lC 0_ .... r-l -:r CI") ... ~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate} TO THE PROTHONOTARY OF CUMBERLAND COUNTY (Check one) Please list the following case: (xxx) for JURY trial at the next term of civil court. ) for trial without a jury. ..........-...-........................................................................................................................................................... CAPTION OF CASE (entire caption must be stated in lull) DIANA LANDIS, (check one} Assumpsit Trespass ( x) Trespass (Motor Vehicle) (Plaintiff) (other) vs. The trial list will be called on 8/15/95 ROBERT SHEAFFER and SUBURBAN ROOFING, and (Defendant) Trials commence on 9/18/95 Pretrials will be held on 8/23/95 (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel. pursuant to local Rule 214.1.) vs. No. 329 _ Civil 19 _~4 Indicate the attorney who will try case for the party who Illes this praecipe: Timothy A. Shollenberger, Esq., P.O. Box 60545, Harrisburg, PA 17106-0545 Indicate trial counsel lor other parties if known: David Sch\~a1m, Esq., Thomas, Thomas & .-.- ----. . - ---- '... -- -.- -- Hafer, P.O. Box 999, Harrisburg, PA 17108-0999 This case is ready for tnal. Signed: _ Date: July 12, 1995 Print Na AlIorney for: 34343 Esq. . ,,~-_...,,: ~........,..- ,1") '"",;/ DIANA LANDIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - LAW NO. 329 CIVIL 1994 ROBERT SHEAFFER AND SUBURBAN ROOFING, DEFENDANTS JURY TRIAL DEMANDED DEPOSITION OF: EMILY MATLIN, M.D. TAKEN BY: PLAINTIFF BEFORE: MARIA N. O'DONNELL, RPR NOTARY PUBLIC DATE: SEPTEMBER 7, 1995, 4:15 P.M. . .\ J PLACE: 4824 LONDONDERRY ROAD HARRISBURG, PENNSYLVANIA ;:J APPEARANCES: LAW OFFICES OF TIMOTHY A. SHOLLENBERGER BY: TIMOTHY A. SHOLLENBERGER, ESQUIRE FOR - PLAINTIFF C' v> rn .., THOMAS, THOMAS & HAFER BY: DAVID SCHWALM, ESQUIRE ...... FOR - DEFENDANT , .. - .., ~ .t', j~,~ 3~: v) .r: .r: -0 ::JC u::> .." ~ ORIGINAL Hughes, 7Ilbriglzt, 'Foltz ir JVatole J?eporting &rYice, 8nc. 115 PINE STREET. HARRISBURG. PA 17101 Harrisburg 717.232.5644 Fa. 717.232.9637 Laneaslar 717.393-5101 /) \-."./ : j I:) . ! j ! i I . j , j i ! I i I I i I u 2 1 WITNESSES 2 DIRECT NAME CROSS REDIRECT RECROSS 3 EMILY MATLIN, M.D. 4 BY: MR. SHOLLENBERGER 3 61 5 BY: MR. SCHWALM 42 65 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ <.........,. 1 MR. SHOLLENBERGER: This is Tim Shollsnberger 2 speaking on behalf of the plaintiff, Diana Landis. 3 We're going to make no reference to the loss of 4 the sense of taste and smell in this deposition, and we're 5 not going to raise that as a claimed injury stemming from 6 this motor vehicle collision. Is that all right? 7 MR. SCHWALM: That's fine. 8 9 EMILY MATLIN, M.D., called as a witness, being 10 sworn, testified as follows: 11 DIRECT EXAMINATION 12 BY MR. SHOLLENBERGER: ................, ..:..) 13 Q Would you state your name, please. 14 A Emily Matlin. 15 Q Your occupation? 16 A I am a neurologist. 17 Q What is a neurologist? 18 A A neurologist is a physician with specialty 19 training in diseases related to the brain, spinal cord, 20 peripheral nerves and muscles. \ -...,} 21 Q What are the peripheral nerves? 22 A Peripheral nerves are nerves once they exit the 23 central nervous system or the spine or the skull and enter 24 into the body portions of the body. 25 Q The central nervous system consists of the brain 3 4 ,,---.. . ) 'L. 1 and the spine? 2 A 3 4 5 6 7 8 The brain and brain stem, spinal cord. Q How long have you been a practicing neurologist? A About twelve years. Q Do you maintain an office in Harrisburg? A Yes. Q Would you like to change that? A Yes. I have graduated in late 1984, so it's a 9 little less than that. It's eleven. 10 11 12 ..::) Q Approaching twelve years? A I guess so. Q And do you maintain an active practice of 13 neurology in Harrisburg? 14 15 16 17 18 19 20 patients? 21 22 23 24 u 25 A Yes. Q Where are your offices located? A On Londonderry Road. Do you see patients in hospitals? Q A Yes. Q What hospitals -- at what hospital do you Bee A Community General Osteopathic Hospital. Do you have privileges there? Q A Yes. Q What does it mean to have privileges? A I have to go through several committees in order ,.... .. ...,.......<~.> . 5 n \...;,' 1 to have privileges within your specialty care. 2 Q When you treat people within your practice, do 3 you treat people that have headaches? 4 5 A Yes. Q Do you treat people that have injuries of what we 6 call soft tissue nature? 7 8 9 A Yes. Q What is an injury of a soft tissue nature? A An injury of soft tissue is usually muscles, 10 ligaments and connective tissue. 11 Q Do you see patients in the hospital with those ~.~ :.~ 'j "-/ 12 types of injuries? 13 14 15 16 A Yes. Q Do you perform surgery? A No. Q So your treatment then is of a I guess what we 17 call conservative? 18 19 20 21 22 23 \ 24 ~ 25 background? A We call medical. Q Non-surgical treatment? A Yes. Q Would you summarize for the jury your educational A I went to college at Bard College in Annadale-on-Hudson, New York. I went to medical school in Kansas City, Missouri. ,0 \~j' 1 6 I did a general rotating internship at what was 2 at that time the old Riverside Hospital in Detroit, 3 Michigan. I did a three year neurology residency at 4 Botsford in Farmington Hills, Michigan. 5 Q And are you a member of any professional 6 associations? 7 8 9 A Yes. Q Would you describe those, please? A American Medical Association, American 10 Osteopathic Association, both the state, Pennsylvania state 11 osteopathic and medical association, county associations for r-., ......J 12 both the M.D. and the D.O. organizations, the American 13 Academy of Neurology, the Headache Association, Peripheral 14 Nerve Society. I think there are a few more, but.... 15 16 Management? 17 18 Q I notice one is American Academy of Pain A That's correct. Yes. Q I assume you are licensed to practice medicine in 19 Pennsylvania? 20 21 22 23 A Yes. Q You have been so licensed for how long? Since 1986. A Q I notice from your curriculum vitae, you are ~ 24 board eligible in neurology? 25 A That means that I have completed all of the 7 ,........... , '>.-' 1 training required to specialize in neurology. 2 Q Are you board certified in neurology? 3 A I haven't taken the exam. 4 Q What is difference between board eligible and ,6"". J 5 board certified? 6 Certified means you have taken the exam. A 7 I notice that you are board certified in pain Q 8 management as a pain management practioner. What does that 9 mean? 10 A That is a relatively new specialty. It'e a 11 multi-disciplinary specialty. Physicians who are interested 12 in dealing the chronic and acute pain. 13 Q I notice besides the Community General 14 Osteopathic Hospital, you are a member of the staff of other 15 hospitals in the past? 16 A Yes. 17 Q Could you describe those, please? 18 A That was a hospital in Michigan when I was in 19 practice there for a year or so before I came down to 20 Pennsylvania. 21 Q I see also a hospital called the Riverside 22 Osteopathic Hospital? 23 A Yes. 24 Q That was the one in Michigan? ...;) 25 A Yes. ,~ .'1~J 9 10 11 12 ~'\ , J 13 14 15 16 17 18 ., J 8 1 And then the Michigan Osteopathic Medical Center, Q 2 you were on the staff there? 3 That's correct. Between my internship and my A 4 residency I worked there. 5 MR. SHOLLENBERGER: That's all the questions I 6 have on qualifications. 7 CROSS-EXAMINATION ON QUALIFICATIONS 8 BY MR. SCHWALM: Q Dr. Matlin, just a few questions regarding your qualifications. You indicated that in the work that you do you do not perform surgery, is that correct? A That's correct. Q And at the present time you are only a member of the active staff at the Community General Osteopathic Hospital, is that correct? A Yes. Q When did you become board certified as a pain 19 management practioner? 20 A I am not sure. I believe it was 1994, but I am 21 not positive. 22 And you said that you had completed your Q 23 training? 24 MR. SHOLLENBERGER: Excuse me, did you finish your 25 answer, doctor? (~ ,~/ 1 9 THE WITNESS: I said I believe it was 1994. 2 MR. SHOLLENBERGER: Okay. 3 BY MR. SCHWALM: 4 Q You said that you had completed your training for 5 a board certification in neurology, but you hadn't taken the 6 test? 7 8 9 10 A That's correct. Q When did you get your training for that board? I completed neurology training in 1984. A Q So as of that year you would have been eligible 11 to take the test for neurology? 12 ~ 13 A Correct. MR. SCHAWLM: I have no further questions on Dr. 14 Matlin's qualifications. 15 MR. SHOLLENBERGER: Well, I am going to offer her 16 as an expert neurologist. Any objection? 17 MR. SCHWALM: No objection. 18 BY MR. SHOLLENBERGER: 19 Q Dr. Matlin, let's turn our attention to your care 20 and treatment of Diana Landis. 21 How was it that you were -- how was it that Diana 22 was referred to you, doctor? 23 \ .J 24 25 A Dr. Blake referred her. Q When did you first see her? A Diana was first seen in this office on July 28, 10 1'7', \~lJ; 1 1992. 2 Q And at that time, did you make a report to Dr. 3 Blake of the history and your findings? 4 A Yes. 5 Q Prepatory to doing that -- or have you prior to 6 this deposition reviewed her prior medical history? 7 A Yes, I have. 8 Q Could you describe the relevant portions of that 9 prior medical history? 10 11 12 8 13 14 15 16 A Well, she was involved in a motor vehicle accident in 1985 as well as the one that I was seeing her for which was July 1, 1992. She described that as being hit from behind while stopped at a stop sign. She had a history of a scoliosis and of salpingitis. Q Did you take a history of the reason that she had 17 come to see you? 18 A Yea. 19 Q What was that history? 20 A She described a motor vehicle accident which 21 occurred on July 1st, 1992. She was the restrained driver 22 of a 1967 Dodge Dart stopped at a stop sign when her vehicle 23 was struck from behind by a Chevy pick-up truck. 'J 24 She stated she was looking over her left shoulder 25 in order to see if traffic had cleared prior to merging. r'\ ~ .~. ~ 1 She described herself as initially immediately 2 after impact going into what she called a total panic. She 3 began to experience pain immediately in her neck. 4 She contacted her boyfriend and the police. The 5 police apparently contacted the ambulance, and she was 6 transported to Holy Spirit Hospital. 7 At the hospital she was examined, x-rayed and 8 released with a cervical collar and advised to return to 9 work. 10 She did try to go to work the evening of the 11 accident but felt she was very slow. She's a waitress. And ,/-"", 12 due to diffuse pain in her head neck and back. u 13 Her headaches became progressively worse the 14 following day and she was then seen by Dr. Blake. 15 Q Okay. Now, did she report to you the symptoms 16 that she had been experiencing since the accident? 17 A Yes. 18 Q What did she tell you? 19 Since her accident she described severe headaches A 20 which were occurring twice daily. They usually began as 21 what she called a dull thud in the forehead and gradually 22 increased in intensity over a period of fifteen to sixty 23 minutes. Progressed until it felt as if her eyes and ears o 24 were going to explode. She would then lay down with an ice 25 pack on her head for two to three hours. 11 ,........,..,~_.....'."n....'...",~<". 12 ,n 'J ,;^'" 1 Prior to the motor vehicle accident she described 2 less intense headaches occurring especially with her 3 mentrual cycle. 4 She also complained of severe pain in her neck, 5 shoulders and back. She complained of pain with chewing and 6 difficulty swallowing. 7 She reported a thirteen pound weight loss due to 8 her inability to eat. She had no problems with nausea, 9 vomitting or choking. 10 She talked about -- described an impairment of 11 her range of motion of her cervical spine. As I noticed, 12 she had a bruise on her toe and she said she had hit her 8 13 foot on a table in her room. 14 Q Didn't she also talk about the chiropractic 15 treatment? 16 A She talked about the chiropractic treatments of 17 her neck making her feel, this was a direct quote, like I 18 had been hit in the face with a fry pan, then I get a nose 19 bleed. 20 Q Okay. 21 A She also described a pinprickly sensation on her " -...) 22 right anterior thigh and the left arm in a blood type 23 distribution to below the elbow, similar tingling reported 24 in the right upper extremity and ulnar nerve distribution as 25 well to below the elbow. 13 f7'\ ; -I '~./ 1 Q Were the symptoms that she was reporting 2 consistent with the rear end motor vehicle collision? 3 A Yes. 4 Q Did you review any of the records from the 5 emergency room and the EMS? 6 Yes. A 7 Q Do you have the emergency room records in your 8 file? 9 Yes. A 10 Would you get those, please? Q 11 What were her complaints in the emergency room 12 the day of the collision? j"-" --.J 13 A On the -- it looks like a triage sheet, at this 14 time says patient, driver of car belted, it looks like 15 something rear ended while at stop sign by another car. 16 Walking after incident. Complained of neck pain, 17 numbness, left arm, leg and pain. 18 Okay. And was there an examination conducted at Q 19 the hospital? 20 Yes, there's a typed report of the physician's A 21 examination. 22 Were there any objective signs of injury in that Q 23 examination? 24 A Yes. The physician reported her neck was stiff :; 25 and with a spasm, and range of motion is diminished. 14 ~ s'_;}' :l \<-~: : I ....:.~' 1 Q Okay. What is a spasm? He -- I am interpreting his letter as saying he 2 A 3 palpated increased tension in the muscles of her neck. 4 Q Turning a minute back to history, I have a record 5 from the -- strike that. We will come to that in a minute. 6 Is there an x-ray report contained there? 7 A Yes. 8 Q You didn't look at the actual x-ray, did you? 9 A I don't believe so. 10 Q All right. In that x-ray, what does it say about 11 the lordotic curve? 12 A There is straightening of the usual lordotic ,..,-........ . . \ o 13 curve. 14 Q What does that mean? 15 A Frequently in this setting it's associated with 16 muscle spasm or paraspinal muscles. 17 Q What is the -- what do they mean when they say 18 the normal lordotic curve? 19 A In a normal neck there is a curve and the muscles 20 go into spasm. It will straighten it out, although it could 21 also potentially be positional. 22 Q Well, do you have -- but when you couple the 23 clinical finding of spasm with the -- what date was the 24 x-ray taken? .J 25 A 7-1-92, the date of the dent. 15 ~ ", ....".. 1 Q All right. Do you have an opinion whether it's 2 positional or spasm related? 3 MR. SCHWALM: I object to the form of the 4 question. 5 BY MR. SHOLLENBERGER: 6 Q What is your opinion as to whether it is 7 positional or spasm related? ,-, u 8 A In my opinion it's most consistent with it being 9 related to spasms based on the history, the physical 10 findings and the x-ray. 11 Q Okay. Now, let's turn to the EMS records for a 12 minute. 13 Have you reviewed that? 14 A Yes. 15 Q All right. I note there is a reference to 16 patient has tenderness to RLQ. What would RLQ refer to? 17 A Right lower quadrant of the abdomen. 18 Q The next statement says patient states wearing 19 lap belt. 20 Do you have an opinion whether right lower 21 quadrant would be consistent with the lap belt -- to wearing 22 a lap belt? 23 A That could certainly be related, yes. 24 Q How would one relate the lap -- use of a lap belt o 25 to right lower quadrant pain? n . 1 16 A Well, she was the driver. Most lap belts insert 2 on the right side and so the lower portion of the belt would 3 come across the right lower quadrant of her abdomen so it 4 certainly be reasonable that that could be related. 5 6 7 Q Is that consistent with a rear end collision? A Yes. Q Is it consistent with Diana being the driver of 8 the front vehicle in a rear end collision? 9 10 11 ~ ........ 12 , \..J 13 14 15 16 A Yes. Q Now, did you take a surgical history? A Yes. Q Did you ask what medication she was on? A Yes. Q Did you take a family and social history? A Yes. Q Would you summarize the portions of those items 17 that were relevant to your examination? 18 A At the time she was taking some herbal 19 medications. She was also taking Nuprin. 20 21 those? 22 23 \ ' .. J "--' 24 the Nuprin? Q Did she indicate when she had started taking A Nuprin, was that your question? Q Yes. Did she indicate when she started taking 25 A I don't have that recorded as to when she started ff') '--Y 1 taking it. 2 After you completed the history, did you conduct Q 3 a physical examination? 4 A Yes. 5 Q Could you summarize the pertinent portions of the 6 physical examination? 7 Her head and neck were maintained in a side bent A 8 left position, She appeared to be in significant distress. 9 She was frequently tearful. There was the 10 ecchymosis basically noted at the base of the third and 11 fourth toes on the left foot. 12 No other areas of ecchymosis were noted. She had ,J~" '.~ 13 pain with deep breathing in the chest, limited mouth opening 14 excursions were noted without palpable crepitance in the 15 temporomandibular joints. 16 Her gait was slow. She demonstrated break away 17 weakness in both the upper and lower extremities due to 18 pain. 19 There were multiple sensory abnormalities 20 reported. She had a thoracolumbar scoliosis with the apex 21 to the left. 22 Is that consistent with the prior medical Q 23 history? 24 A Yes. . J 25 Q Did Diana indicate to you whether her symptoms 17 {) 18 ~~-;:-:"~ 1 had gotten better or worsened since the time of injury? 2 A She reported her symptoms were progressively 3 worsening since the accident. 4 Q 5 treatment? 6 A 7 Q 8 A Did you recommend any follow-up studies or Yes. What were those? She was to see an ear, nose and throat physician 9 regarding her pain with chewing. MRI of the brain was to be 10 performed to rule out possible brain contusion, and a bone 11 scan because of multiple areas of pain in her -- on her 12 examination. .""""\ "-' 13 And I also asked to have her medical records from 14 the emergency room sent. 15 16 17 18 Q I think that you referred to those earlier? A Yes. Q Now, what was the purpose of getting the MRI? A It was to rule out any brain injury, contusion to 19 the brain because she had so many symptoms, particularly the 20 sensory symptoms which can be difficult. 21 22 injury? 23 24 J 25 Q Would a negative MRI of the brain correlate to no A f I , i I No. Q Was the MRI negative? A Yes. en '-..,... 1 2 3 19 Q Was the bone scan negative? A Yes. Q The same question regarding the bone scan. Would 4 a negative bone scan signal to you there was no injury? 5 6 A No. Q Diana missed the next three scheduled 7 appointments, correct? 8 9 10 correct? 11 8 12 A Yes. Q Those were scheduled 8-12, 9-4, and 9-18-92, A Yes. Q Was she treating with anyone else to your 13 knowledge during that time? 14 A Drs. Beaudry and Blake. 15 Q My records indicate that she didn't -- had not 16 seen Dr. Beaudry by then? 17 A Well, on her visit she told me she had an 18 appointment to see him, I don't know when she 19 20 Q You don't know precisely when? A But on her first visit she had told me that she 21 was scheduled to be seeing a ear, nose and throat physician. 22 23 Q Okay. As it happened, I mean you continued to see her ~ 24 after those three times. Did the missing of those 25 appointments complicate her recovery? 20 (f"\ ..........' 1 A I don't think so. 2 Q Why don't you think so? Well, fortunately for her it turned out she had 3 A 4 soft tissue injuries, and I was going to be giving her 5 primarily medications to help her with her symptoms and she 6 was also receiving treatment from Dr. Blake at the time. 7 Q So you next saw her on September 25, 1992? 8 A Yes. 9 Q What were her relevant statements regarding her 10 condition on that date? 11 A She reported she was continuing to lose weight. o 12 She was having increasing jaw pain with eating. She 13 reported her jaw was locking. 14 Q Okay. And I think that you say in your report 15 that her neurologic exam remains benign. what is the 16 significance of that? 17 A That she did not have any hard lateralizing 18 neurological deficits. No definite signs of brain, spinal 19 cord or peripheral nerve injury. 20 Q Does mean she wasn't injured? 21 A No. 22 Q Did she have any impairment of range of motion? 23 A Yes. 24 Q Where was that? ~ 25 A Of her cervical and lumbar spine. 21 rTh -',..J' 1 Q I think we ought to stop. The cervical spine is 2 where? 3 A Neck. 4 Q Lumbar spine is where? 5 A The low back. 6 Q You say her gait and station were normal, deep 7 tendon reflexes were symmetric and there were no sensory 8 deficits. 9 Is that consistent or inconsistent with your 10 comment that the neurologic exam was benign? 11 A Consistent. 12 Q What treatment did you recommend at that visit? 0 13 A She was given samples of medication to be taken 14 at the onset of her headaches. If it was affective for her, 15 she was to contact me for additional prescriptions, or if 16 she has difficulty with it, then a new medication could be 17 prescribed. 18 Q You next saw her on 10-23-1992, is that correct? 19 A Yes. 20 Q And you wrote Dr. Blake a letter? 21 A Yes. 22 Q Describing that visit? 23 A Yes. 24 Q What statements did Diana make about her \ ' ~ 25 condition at that visit? .. .' 22 1'7""\ .....01 1 A She reported her headaches had been much better 2 controlled since she had began taking Midrin. She reports 3 most of her headache tend to be associated with chewing and 4 jaw pain. 5 Q Did you examine her that day? 6 A Yes. 7 Q Did you make any notations as a result of -- as B to the results of her examination? 9 A Yes. 10 Q What were those? 11 A She had rather marked tenderness over her ,..-.." U 12 temporomandibular joints with mouth opening and closing. 13 This was more prominent on the right as compared to left 14 side. 15 She was scheduled to see Dr. Beaudry the 16 following week. She had regained three pounds and she had 17 returned to work full-time. 18 Q This was the waitress work? 19 A To my knowledge, yes. 20 Q Did she indicate that she was having any problems 21 doing her work? 22 A She had been unable to lift heavy trays, heavy 23 trays as she had been prior to the accident. 24 Q Was the neurologic exam, did you have any ':..J 25 findings, positive findings, on the neurologic exam? 23 if") No. .....~ . 1 A 2 Q What 3 condition? 4 5 injury. 6 7 8 9 did that tell you about the nature of her A That it wasn't due to central peripheral nerve Q What was it due to? A Soft tissue injury. Q And those soft tissues again were? A In her neck and her back, and at this point 10 becoming very concerned about her temporomandibular joint. 11 Q Now, you made a comment in that report that says o 12 the patient appears to be making excellent progress. What 13 did you mean by that? 14 A In regard to her neck pain and her headaches, 15 that she was responding to her medication. 16 Q All right. Now, you ordered an MRI of her 17 temporomandibular joint, is that correct? Is it your understanding that Dr. Beaudry interpreted that MRI, then treated -- 18 19 20 21 she saw him. 22 23 24 ::.J 25 A Yes. Q Why did you do that? A To have information ready for Dr. Beaudry when Q Do you intend to -- strike that. A That he would be treating her for her jaw 24 ..~ .~... J 1 problem. 2 Q For that condition? 3 A Right. 4 Q Now, in terms of a routine examination that you 5 do, do you check for jaw problems? 6 A Yes. 7 Q Now, the next notation I have, you saw Diana on 8 December 4, 1992? 9 A Yes, correct. 10 Q What statements did she make about her condition 11 on that date? 12 A She stated that she was having significant C) 13 problems with her TMJ. She described an incident two weeks 14 previous where her jaw was she called quote, totally 15 locked. And she seemed to describe the -- having it reduced 16 under anesthetic. 17 She received a new bite plate. She complained of 18 sleep disturbance. She had run out of Midrin which had been 19 the most effective medication she had for her headaches. 20 And her myofacial symptoms seemed to have been improved. 21 Q Are those the neck symptoms that you -- 22 A Yes. 23 Q Was she working full-time? 24 A Yes. J 25 Q And you characterized her myofacial spasm in what (J\ vv 1 way? 2 3 4 5 6 7 8 9 10 11 on that day? o 12 25 A Improved significantly. Q Does that mean it was gone? A No. Q What treatment did you recommend at that visit? A I gave her a new prescription for Midrin. Q I am sorry, strike that. The next visit is January 22, 1993? A Yes. Q What were Diana's statement about her condition A She reported severe headaches, throbbing in her 13 jaw, attempts to eat anything would flare up the pain in the 14 region of her temporomandibular joint. This would be 15 followed by a severe headache. None of her medications had 16 been very effective at this point in controlling her 17 headaches and jaw pain. 18 She had advised me Dr. Beaudry was planning to do 19 an arthroscopic procedure on her jaw. And in the interim, 20 she states she was essentially on a liquid diet. 21 Q Well, I notice that she at the top of 22 your chart you reported her weight as 110 that day, and you 23 noted a five and a half pound weight gain. \. -.:;) 24 25 A Yes. Q Relative to when? 26 n \' . previous visit I believe. ~~ 1 A To the 2 Q Okay. 3 A Yes. 4 Q Did you actually weigh her or do you ask her? 5 A Yes, we actually weigh her. 6 Q You actually weighed her. 7 How do you explain that she was having problems 8 with eating but yet was gaining weight? 9 A I am assuming it's related to the timing as to 10 when the symptoms of the increasing pain with chewing 11 occurred as between the visits. I don't know. They must o 12 have been closer to the time she came in the second time. 13 Q Okay. Now, you did an exam, and what did you 14 find? 15 A Her examination was consistent for a TMJ 16 crepitance and marked tenderness. 17 Q Let's stop there. What do you mean by TMJ 18 crepitance? 19 A During the examination I placed my hands over the 20 joint on either side of her face, and asked the patient to 21 open and close her mouth. Crepitance is the sensation of 22 feeling like a gravelly gritting sensation with opening and 23 closing. '::..J 24 Q Is that finding dependent upon the report of the 25 patient? 27 (f') it's what feel. \L. 1 A No, I 2 Q Go ahead with your examination. 3 A The tenderness is what she reports, but the 4 crepitance is what I feel on my examination. 5 Q Thank you. 6 A Her -- the remainder of her neurologic 7 examination was normal. 8 Q That was consistent with your prior exams? 9 A Yes. 10 Q All right. You made a comment in that report 11 about the headaches and their link. What was your feeling 12 at that point? C) 13 A At that point I felt Diana's headaches appeared 14 to be predominantly linked to her temporomandibular joint 15 dysfunction. 16 Q Do you have any reference in your report of that 17 date that she was continuing to work? 18 A My recall was that she was. It says she has been 19 trying to continue working. 20 Q And did she indicate any problems to you 21 secondary to working? 22 A Yes, she stated my back went into spasms as they 23 were quite busy over the Christmas holiday, but she did miss 24 a few days work. .:.J 25 Q You saw her next I believe April 16th, 1993? 28 '" .!..-) 1 A Yes. ! 2 Q And what statements did she make about her 3 condition on that date? 6 She had an arthroscopic procedure and she was in 4 A She reported her headaches were responding to 5 Midrin. She does continue to have problems with her TMJ. 7 physical therapy. She feels she was eating better. She had 8 minimal complaints of neck pain. Her headaches were 9 continued to be described as a pressure sensation directly 10 related to jaw usage. 11 Q What do you mean by jaw usage, talk? 12 A Chewing, especially hard to chew foods. 0 13 Q The neurologic exam, how was that at that time? 14 A Remained normal. 15 Q And how did you characterize her condition at 16 that time? 17 A Her soft tissue condition was continuing to 18 improve, but she was continuing to have symptoms of 19 headaches as a result of her TMJ symptoms. 20 Q Did you prescribe any medications? 21 A She was issued Midrin and advised she had -- 22 could continue to use that for her headaches as needed. 23 Q You wanted to see her in three months? 24 A Yes, sir. ~ 25 Q Why the decrease in the frequency of the visits D ,"" 1 at this point? 2 Because she was doing better from -- for the A 3 symptoms that I was trying to treat her for. And that the 4 mainstay of her treatment at this point appeared to be more 5 in Dr. Beaudry's ballpark. 6 Q You saw her next it appears on 8-6-93? 7 Yes. A 8 Q Okay. And I think that you noted you prepared a 9 report on that date? 10 A Yes. 11 Q All right. Now, there is a reference to her 12 jaw. And what statements did she make about her condition 0 13 at that point? 14 She reported severe difficulties with her jaw A 15 dysfunction. She advised me she was still seeing Dr. 16 Beaudry. She told me she had arthroscopy after her last 17 visit and two additional surgical procedures for her TMJ. 18 Now, did she -- I am sorry, were you finished Q 19 with that part, or did I interrupt? 20 I have a question. Did she indil:ate to you what 21 she was eating? 22 She said she was eating hot sauces, chocolate as A 23 well as vinegar. 24 Do you want to check that? Q \ ' ,::.J A Well, up above and milk shakes, mostly liquids. 25 29 30 [")- ~- - ~-~ 1 Q Okay. There is a reference she has been eating 2 mostly milk shakes, is that what she said? 3 A Yes. 4 Q Was she having any trouble chewing? 5 A Yes, that's why I believe she was on milk shakes. 6 Q Now, she indicated that she had had an incident 7 at work in between the April 16th visit and the August 6th 8 visit, didn't she? 9 A Yes. 10 Q What did she describe to you? 11 A She described an incident which occurred while /~ V 12 she was at work as a waitress. She said a T.V. which was on 13 an overhead pedestal apparently fell when she was adjusting 14 it. 15 She reached up with her right arm and had turned 16 to look at the customer to ask if she had adjusted the T.V. 17 properly, and the T.V. apparently fell over and struck her 18 on her right arm. This caused her to have increased pain in 19 the arm and the right shoulder and upper back. She did 20 require some additional chiropractic treatment for this 21 difficulty. 22 Q All right. Now, did you examine her TMJ joint on 23 that visit? 24 A She again showed focal tenderness over her TMJ u 25 joint with impaired mouth opening. I.... 31 (l\ ,.; , 1 Q And what notation did you make with regards to 2 the cervical paraspinals? 3 A She had diffuse myofacial spasm in the cervical 4 paraspinal muscles bilaterally which is both sides, plus 5 several of the muscles in the the shoulder girdle, then the 6 upper back. 7 Q With what do you associate those spasms? What in 8 your mind was causing those? 9 A Well, these were the areas that were initially 10 involved from her automobile accident and I think there was 11 some increase from this little incident with the television. o 12 Q You saw her on November 8, 1993? 13 A Yes, sir. 14 Q What statements did she make about her conditions 15 on that date? 16 A She continued to experience complaints of 17 headaches. The headaches seemed to be definitely correlated 18 with TMJ symptoms. If she tries to chew something which is 19 hard she has a dramatic and increase in headache. 20 She described her jaw as doing miserably. 21 Q Okay. Did she indicate to you what treatment she 22 was receiving for the jaw? 23 A She described that she had several arthroscopic 24 procedures, a new TMJ splint was being built for her, and ....) 25 the possibility of another arthroscopic procedure was being y, ......~.. 1 discussed. 2 3 4 5 6 7 8 9 10 11 12 .:J 32 Q There was a reference to Esgic -- A Esgic. -- plus, an Skelaxin? Q A Yes. Q Those are medications? A Yes. Q What is the purpose of prescribing Esgic Plus? A Esgic Plus was for pain. Q And the Skelaxin? A Is a muscle relaxer. Q Now, did you have an opinion as to whether she 13 returned to her base line that she was at before the 14 accident by the time that you saw her from the car 15 accident? 16 17 A I am sorry? Q I will rephrase the question. 18 We talked about the intervening event that 19 occurred in May, or April or May of 1993? 20 21 A The television. Q The television. My question is by the time that 22 you had seen her in November 8, 1993, had she returned to 23 her base line that she was at before the television 24 incident? :J 25 A To my knowledge, yes. She really wasn't F'7) ; 33 ....... 1 complaining about the shoulder at that point. 2 3 with what? 4 Q So her complaints at that visit were associated A The symptoms that she had prior to the television 5 incident which were related to her motor vehicle accident. 6 7 8 9 say 10 11 12 .",\ J Q All right. Now, you conducted an examination? A Yes. Q Was the neurologic examination benign or as you A Yes. Q Did you prescribe any medication at that visits? A She was given additional prescriptions for Esgic 13 Plus and Skelaxin. 14 15 16 17 that date? 18 Q Now, you saw her next on 3-14-94? A Yes, sir. Q What were her statements about her condition on A She reported headaches, facial pain, and TMJ pain 19 had been fairly well controlled with an injection she 20 received in her right TMJ joint. This gave her excellent 21 pain relief for about one and a half months. 22 Q Okay. Did she indicate any problem that she had 23 had with eating? 24 , . .:..; A Yes, she described an event where she bit into a 25 small piece of shell while eating an oyster and had dramatic 34 A ~~.~ 1 reoccurence of her right joint pain. This one again 2 triggered her facial pain and headaches. 3 Q And you wished to re-evaluate her when after that 4 visit? 5 A Four months. 6 Q Oh, she indicated -- did she indicate how often 7 she was using her pain medication on that visit? 8 A She was using medication quite sparingly. 9 Q Okay. And relative to what? Strike that. 10 She was using the medication sparingly relative 11 to what point in time, do you know? 12 A I am not sure I understand your question. o 13 Q Vis-a-vis the previous visit, vis-a-vis the first 14 time that you saw her? 15 A Just in terms -- she wasn't using it on a regular 16 and daily basis. 17 Q Your office received a phone call on 3-30-94 from 18 Diana? 19 A Yes. 20 Q What was that call all about? 21 A She had -- was going in for surgery I believe for 22 her jaw. And she had called her pharmacy because she wanted 23 her medication for her headaches. . J 24 Her pharmacy apparently had changed hands, and 25 they somehow didn't seem to have her prescription which was ~ '0 1 on file. ,. -~....... I ,......~:;::T::_:. 35 2 So we verified in our records the prescription 3 and how many refills she should have had and took care of 4 making arrangements to get her more medication. 5 Q So while she was using medication sparingly, she 6 did make a specific call to your office regarding them? 7 8 A Yes. Yes. Q Now, we have a reference that she missed a 9 scheduled appointment 7-11-94? 10 11 '..-.--.. J..) 12 13 14 15 16 17 A Yes. Q But you did see her soon thereafter, did you not? A Yes. Q When was that? A 7-15-94. Q So four days later? A Yes. Q All right. What statement did she make about her 18 condition on that date? 19 A She reported her headache were definitely 20 responding to TMJ injection she was receiving from Dr. 21 Beaudry. At that point she reported three and half to four 22 months relief. 23 Her neck was doing relatively well and her .....) 24 chiropractic treatments were once or twice weekly. She had 25 not been taking any medication for headaches, ~ .........."'" 1 ...'. ~....,~.~..."'-~;.---_....---~, 36 Q Did she mention anything about her TMJ symptoms 2 at that point? 3 A Felt at that time -- at that point -- I at that 4 point, I felt her TMJ was her most disabling symptom. 5 6 visit? 7 8 9 10 11 D 12 Q Now, you noted her weight, it was what on that A 118 and a half. Q Now, you saw her for the last time on 10-28-94? A Yes. Q That was not a scheduled visit, was it? A No. Q You wished to see her six months from your prior 13 visit, is that correct? 14 15 16 17 18 call? 19 A Yes. Q And what precipitated that visit? A A phone call from Diana. Q And what did she report to you in that phone A She called and told me that her -- the sides of 20 her left leg and foot were numb and that she was unable to 21 move her ankle. She didn't have any temperature changes, 22 and that occurred following and dental procedure. 23 Q And did her history suggest that this was \ V 24 secondary to a dental procedure? 25 A Yes. 37 01 Okay. "~';'.f 1 Q 2 A She did not have any symptoms with her leg prior 3 to that. 4 Q Okay. 5 A And I asked her to corne in for an emergency 6 evaluation of her foot problem. 7 Q And did she indicate to you that she had had a 8 procedure performed on the TMJ joint, is that what she 9 indicated? 10 A Yes. 11 Q Which required an anesthetic? 12 A Apparently, yes. U 13 Q That is the dental procedure that you are 14 referring to? 15 A Yes. 16 Q Okay. Now, you indicated that her history 17 suggested a diagnosis to you. What was that diagnosis? 18 A Of a left common peroneal nerve palsy. 19 Q Let's be clear. It's not your opinion that this 20 left common peroneal policy carne from the rear end 21 collision, is it? 22 A No. 23 Q Did you examine her? 24 A Yes. ~ 25 Q Were your examination findings consistent with 38 A .~. 1 the left common peroneal palsy? 2 3 4 5 6 A Yes. Q And you made recommendations regarding treatment? A Yes. Q And what were those? A I prescribed medication and I made urgent 7 arrangements to try to have a splint made for her to prevent 8 her from injury from the foot drop when she was walking. 9 10 work? 11 Q And what recommendations did you make regarding A I asked her not to work as I didn't feel that she :J 12 was safe. People with foot drops frequently fall, they 13 trip. 14 15 16 17 18 19 20 21 22 Q What was Diana's reaction? A She wanted to go to work. Q You wanted to re-examine her in a couple weeks? A Yes. Q Did she ever come in for re-examination? A No. Q You have not seen her since then? A That's correct. Q I have a few questions for you regarding your --. 23 opinions, then I think think we can finish. J 24 Doctor, based on your review of all of the prior 25 medication records, the records from the hospital, your 39 (;7) \....' 1 examinations, do you have an opinion within a reasonable 2 degree of medical certainty as to the injuries, if any, 3 Diana Landis received in the motor vehicle collision of July 4 1, 1992? 5 6 7 A Yes. Q What is that opinion? A My opinion is that her symptoms that I was seeing 8 her for were directly related to the motor vehicle accident 9 of July 1, 1992. 10 11 Q What symptoms were those? A The symptoms of headaches, neck pain, back pain. ,...--....., l....} 12 She did have the numbness which did resolve relatively 13 quickly with the treatment to the muscular problems, but the 14 mainstay of my treatment with her was in regard to the 15 headaches and neck pain. 16 17 18 19 20 21 22 23 Q How about the jaw pain? A The jaw pain Dr. Beaudry was treating. Q And that's why you didn't mention it just now? A Right. Q Did you make a diagnosis? A Yes. Q What was the diagnosis? A My opinion Diana had post-traumatic suphalgia and \' U 24 cervical and thoracic myofacial pain as a result of the 25 injury from the motor vehicle accident. ..,-".",~.~'--' o 1 2 3 4 40 Q What does the word suphalgia mean? A Headache. Q Describe the other? A The cervical and thoracic refers to the areas of 5 the neck and the upper back and muscles that run along the 6 spine, and a myofal:ial refers to the muscles and soft 7 tissues. 8 Q Regarding any injury to her jaw, I assume then 9 tl..:lt you would defer to Dr. Beaudry? 10 11 A I would prefer that, yes. Q Now, there were references in the emergency room C) 12 records, we'll come to that in a minute. You recommended 13 certain treatment, didn't you, along the way? 14 15 A Yes. Q You recommended the use of certain medications 16 which you have identified in your records? 17 18 A Yes. Q Was the use of those medications reasonable and 19 made necessary by the collision related injuries which you 20 diagnosed? 21 22 A Yes. Q You recommended I believe the -- well, you 23 recommended office visits periodically, did you not? o . . 24 25 A Yes. Q Were those office visits then and the care that o o ::.; 41 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 you administered of those office visits related, made reasonable and necessary by the motor vehicle collision? A Yes. Q And the motor vehicle collision, we're referring to, of course, is the July 1, 1992? A Yes. Q Finally, there were references in the emergency room records to spasms, to reversal of the lordotic curve, you yourself noted some spasms throughout your records, did you not? A Correct. Q Were those objective findings? A Yes. Q What is the difference between an objective finding and a subjective finding? A Objective finding is something that I can verify or see; subjective is something that the patient tells me, but I have no way of verifying. Q I think that you had a finding of crepitance on one vi.sit in the TMJ joint? A Yes. Q Was that an objective finding? A Yes. Q We~e these objective findings other than crepitance, were they consistent with the injuries that you r......-"......,.... 42 ~ , , 1 diagnosed? .....,4 2 A Yes. 3 Q And do you hold those opinions within a 4 reasonable degree of medical certainty? 5 A Yes. 6 Q And have the opinions that you have given in this 7 deposition today been given to a reasonable degree of 8 medical certainty? 9 A Yes, sir. 10 CROSS-EXAMINATION 11 BY MR. SCHWALM: 12 Q Dr. Matlin, you testified at the end of the o 13 deposition that the symptoms that you treated Diana Landis 14 for were related to her headaches, her neck and her back, is 15 that correct? 16 A The symptoms that I treated her were that, you 17 used the word related to. 18 Q Okay. 19 A Yes. 20 Q And the TMJ, although you examined those parts of 21 her body, you relied on Dr. Beaudry to make a diagnosis and 22 prognosis for her with respect to that area? 23 A I felt she had TMJ problems and that's his area 24 of expertise, not mine, and so I deferred to him in terms of , ~ 25 prognosis with that. '0 ~\ ; } '..,~~~ ' 1 Q 2 area? 3 A 4 Q 43 You didn't provide any treatment to her for that No. And other than prescribing medication for the 5 headaches, the neck and the back, you didn't provide any 6 other treatment to Diana Landis for those problems that she 7 had either, did you? 8 A 9 I am not sure I understand your question. Q Other than prescribing medication, did you treat 10 her by any other means for those injuries? 11 A We prescribed medication and discussed things () 12 that would aggravate her condition and teaching her things 13 about functioning in her every day environment, but no, I 14 didn't do a procedure or surgery on her. 15 Q And your understanding was Dr. Blake was treating 16 her with chiropractic methods? 17 18 A Correct. Q Now, when Diana first came in which was about, 19 what, four weeks after the accident? 20 21 A Yes. Q Now, you said that you had examined her hospital 22 room, emergency records? 23 24 , .~ 25 A After her first visit. Q After her first visit. And you also had looked at the ambulance report, 44 D ,~. 1 is that correct? 2 A 3 Yes. Q I thought on the ambulance report, if you want to 4 turn to that, was there any indication that she was having 5 any pain to her face at that time? 6 7 8 9 10 11 A I don't have that with me. May I look at yours? Q (Handing) A There was no pain to palpation of her face. Q Or pain in her shoulders? A To palpation. Okay. You are referring to -- Q o 12 A It says negative palpatory pain to face or 13 shoulders. 14 15 Q What does that mean, doctor? A Where when they touch her, touch those areas, she 16 did not complain of pain. 17 18 Q What does the next item refer to? A I don.t know. It says negative pains or marks, 19 but it doesn't refer to a particular part. 20 Q Was there any indication from the record that she 21 was having any kind of pain in her jaw or her TMJ joint? 22 23 note. 24 ~ A There's no reference to her TMJ joint in this Q Now, when you examined the emergency room records 25 from the hospital, in those records it is stated that the 45 :~ ~.;' 1 patient complains of a pain injury to the neck, is that 2 correct? 3 A Complains of neck pain, numbness left arm, leg 4 and slash pain. 5 6 7 Q I am referring to the physicians report. A Okay. Q There has been no apparent head trauma, is what 8 that doctor reported, is that correct? 9 10 11 :.) 12 A Yes. Q It states there is no other known trauma? A Correct. Q Now, under his physical examination where it 13 referred to the head, what did the doctor indicate there? 14 15 16 means? 17 18 A Atraumatic, without temporal or scalp tenderness. Q For the jury, could you tell us what atraumatic A without trauma. Q Now, also at the hospital-- I am sorry if I am 19 being repetitious, but there were x-rays that were taken? 20 21 22 23 A Yes. Q And those showed that there were no fractures? A Correct. Q Now, the reports said that the straightening of ~ 24 the lordotic curve could be due to paraspinal muscle spasms, 25 or be positional, and C-1 through T-1 vertebral bodies. 46 0-1 'I . ~ .....' 1 What does positional have to do with the 2 straightening of the lordotic curve? 3 A Well, normally people can -- you can move your 4 neck and it could be related to the position you are holding 5 your neck in. That's more common when the patient is laying 6 down for them to be able to straighten it up and it doesn't 7 say whether this is a supine or a standing film. 8 Q Now, the report indicates there is a congenital 9 incomplete fusion of the posterior arch of C-1. What does 10 that mean, doctor? 11 A That means that it was something that she was 12 born with. 0 13 Q 14 8-23-85. 15 A 16 Q Then it says there is no significant change since Yes. Does that indicate that this x-ray was the same 17 as the x-ray that she had had in 1985? 18 A I believe that's what he's saying, yes. 19 Q Now, at the time that Diana came in she had 20 reported to you that she had been seeing Dr. Blake for 21 scoliosis for several years prior to this accident, is that 22 correct? 23 A Yes. 24 Q How long did she indicate that she had been ~ 25 seeing him for that? ~ ~, 6 7 8 9 10 11 12 0 13 14 15 16 ~ 47 1 Three and a half years. And how often had she been seeing Dr. Blake prior A 2 Q 3 to the automobile accident? 4 It looks like about once a week to once every A 5 other week. Q And you indicate that Diana described the effect of the chiropractic treatment that she received after the accident as doing what to her? A On her initial visit she described it as, quote, like I have been hit in the face with a fry pan and then I get a nose bleed, close quote. Q Did she ever make a complain about the chiropractic treatment like that subsequent to that visit with her? A No. Q Now, why did you indicate in your report from 17 July of 1992 that her past medical history was remarkable 18 for scoliosis? 19 Because that's what she told me was in her past A 20 medical history. 21 Q Would that have an effect on the treatment 22 that or the condition that she had at the time that you 23 saw her? 24 A It was a part -- as part of good recordkeeping finding out a good history before starting treatment. 25 ". ,"') . , 1 48 Q I think Attorney Shollenberger pointed out in his 2 examination of you that Diana missed the next three 3 appointments that she was scheduled to attend, is that 4 correct? 5 6 A Yes. Q And you also had mentioned that she told you that 7 she was going to see an ear, nose and throat doctor? 8 9 10 A I believe that's correct, yes. Q You think that was a reference to Dr. Beaudry? A In retrospect, it probably was not because Dr. 11 Beaudry is not an ear, nose and throat. 12 o 13 and finish. 14 15 Q Do you know if she ever -- I am sorry, go ahead A He's an oral surgeon I believe, Dr. Beaudry is. Q Do you know if she ever did see an ear, nose and 16 throat doctor? 17 18 A I am not positive if she did. Q Now, as a result of your examination, you had an 19 MRI of the brain that was performed? 20 21 22 23 24 v A Yes. Q And that was negative? A Yes. Q What does that mean, doctor? A That there was no sign of any injury or 25 abnormalities of the brain. "". ......, 49 () \.: ..,' '.' 1 Q You also had a bone scan done and this was a 2 total body bone scan? 3 A Yes. 4 Q How do you do that, doctor? 5 A How do you it? 6 Q How do you perform a total body scan? 7 A An injection of a nuclear isotope is given 8 intravenously into a patient, then they're at intervals 9 later scanned for uptake. 10 Q And what was the finding from that scan? 11 A There were no abnormalities. 12 Q And both of these tests were done on August 4 of :) 13 1992? 14 A Yes. 15 Q Now, when she finally did come in for a visit in 16 September of 1992, your notes of that visit would indicate 17 that she reported that she was overall doing much better, is 18 that correct? 19 A Yes. 20 Q And you indicate in your report that she has been 21 having less pain in her back and neck? 22 A Yes. 23 Q And those are things that Diana Landis told you, 24 is that correct? .~ 25 A That is correct. o Q You also indicate in that report that her 1 2 neurologic examination remains benign? 3 Yes. A 4 And you testified about that several times on Q 5 direct examination. Why don't you tell the jury what you 6 mean by a benign neurologic examination? 7 A There was -- there were no hard or lateralized 8 deficits of neurologic or central nervous system injury, 9 Now, you stated as of that visit that she had Q 10 some impairment of the range of motion, however this has 11 significantly improved, is that correct? 12 A It was range of motion of her cervical and lumbar :) 13 spine, yes. 14 Q But that had significantly improved at that time? 15 A From her initial visit, yes. 16 Q When you say her gait and station are normal. 17 What does that mean, doctor? 18 That she was able to walk normally. A 19 And when it says in your report that deep tendon Q 20 reflexes are symmetric, what significance does that have? 21 That's a normal finding. A 22 Q Now, at her next visit in October of 1992, I 23 think that's when you indicated that she had returned to '\ J 24 work, is that correct? 25 A Yes, returned to work full-time. 50 10 ." , ~,J 1 Q 2 that? 3 A 4 full-time. 5 Q 51 All right. She had been working part time before I don't recall, but this note says return to work Did you find any limitation of her range of 6 motion at a visit, doctor? 7 A 8 Q 9 recorded it? 10 A Range of motion is not reported on this visit. If there had been any limitation, would you have I usually would, but it's not recorded. Whether 11 that was how well that was tested, so I do not personally t"\ oJ 12 recall from October 23, 1992. 13 Q Now, you requested that the MRI of the TMJ be 14 performed at that time, is that correct? 15 A 16 Q 17 A 18 Q 19 A Yes. And did you receive that MRI at that time? Yes. What was the conclusion as a result of that MRI? It was reported to demonstrate mild bilateral 20 anteriolateral disk displacement with reduction. 21 Q So at that point in October of 1992, it indicated 22 there was mild disk displacement? 23 MR. SHOLLENBERGER: What did you ask? Did it , -...J 24 indicate or did she -- 25 BY MR. SCHWALM: r?l ,-,i 1 2 3 52 o The report indicated mild disk displacement? A Yes. Bilaterally, meaning both sides. o Now, when you saw her then in December of 1992, 4 you indicate again that her cervical myofacial spasm has 5 improved significantly? 6 7 8 9 10 11 12 C) 13 14 exam? 15 16 A Yes. o And that her cranial nerves are in fact -- A Yes. o Strength and tone is normal? A Yes. o And that deep tendon reflexes are symmetric? A Yes. o Again, that is essentially a benign neurologic A Yes. o It says, and again the letter's to Dr. Blake, but 17 it says that her myofacial symptoms appear to be improving 18 and she has been following through with her exercises as 19 prescribed through your office. 20 Do you know what exercises that she was doing at 21 that time? 22 A I really don't recall precisely. Normally I 23 discuss them with the patients, I make them show me what ..'J 24 they're doing, how they're doing. 25 Sometimes I make suggestions or modification in 53 .("") .~~ 1 how they're doing and what they're doing, but I did not have 2 any documentation as to the precise exercises that she was 3 doing at that time. 4 Q Again, she was working full-time as a waitress at 5 that point? 6 A Yes. 7 MR. SHOLLENBERGER: Where you talking about? 8 BY MR. SCHWALM: 9 Q In December of 1992. Is that correct? 10 A That's what my note says, yes. 11 Q NoW, aside from the episode that occurred in July 12 of 1993 strike that. o 13 Aside from the episode where the T.V. fell off 14 the pedestal and hit her right arm in August of 1993, did 15 she continue to progress satisfactorily with respect to her 16 headaches and neck pain and back pain? 17 A The neck and back seemed to do better. Her 18 headaches seemed to fluctuate depending how well she was 19 doing with her jaw. 20 Q So the headaches were related to the jaw 21 problems? 22 A At that point, yes. 23 Q Not related to soft tissue problems? 24 A The soft tissue symptoms had improved and she was .::.) 25 not having the constant headaches at that point, but she was 0') \"., 54 1 still having headaches and they were associated with the jaw 2 symptoms. 3 Q Now, at that -- in January of 1993 when you saw 4 her, you suggested that she undergo an EEG, is that correct? 5 6 7 8 9 10 A Yes. Q And what is the purpose of an EEG? A To record the electrical activity of the brain. Q And was that ever performed? A Not to my knowledge. Q Why did Diana indicate that she didn't want to do 11 it at that time? 12 o A She stated that she would like to hold off, she 13 had been trying to continue working. 14 Q And in that visit you also indicate that Diana's 15 headaches appear to be predominantly linked to her 16 temporomandibular joint dysfunction, is that correct, 17 doctor? 18 19 A Yes. Q I guess that goes back to what you had said 20 earlier, that she was not having the constant headaches? 21 22 A Correct. Q Now, at that visit it was also reported that she 23 had gained five and a half pounds? 24 .--J 25 A Yes. Q Now, at her next visit in April of 1993, how much 55 n \.,.' 1 weight had she gained at that point? 2 A 3 4 5 From which point in time are you referring? Q From January until April when you next saw her. A Three and a half pounds. Q And in April she indicated that she had minimal 6 complaints of neck pain, is that correct? 7 8 A Yes. Q And aside from the prescribing medication, you 9 didn't provide any additional treatment for her at that 10 time, did you? 11 12 0 13 on A I prescribed the medication. Q When the T.V. fell off the overhead and hit her the right arm, did she indicate whether she had missed 14 any work as a result of that injury? 15 16 reinjury. 17 A She said she had not missed any work due to this Q And at the visit in August of 1993, how much 18 weight had she gained since her previous visit? 19 A One pound. 20 Q And the neck visit was November 8, 1993. Again, 21 can you tell me how much weight she had gained at that time? 22 A She gained -- on 11-8-93 she gained one and a 23 half pounds. , J 24 25 Q Thank you, doctor. A Okay. Now, again, she, Diana was continuing to 56 ,ffi ~","" 1 complain of pain in her jaw throughout that period of time, 2 is that correct? 3 A 4 Q She was complaining of headaches and jaw pain. And this is despite the fact that Dr. Beaudry was 5 continuing to treat her for that problem? 6 A Yes. It was continuing to occur and she was 7 continuing to receive treatment. 8 Q Now, on March 14, 1994 when you saw her, you 9 indicate in your records there that her cervical 'spine has 10 been improving quite nicely with treatment by Dr. Blake. Is 11 that correct? o 12 13 A Yes. Q And that her cervical range of motion is actually 14 quite good today? 15 16 A Yes. Q And then moving ahead to the next visit, on July 17 15, 1994, you indicate there that her weight is 118 and a 18 half pounds? 19 . 4' 20 21 March? A Yes. Q How much of an increase is that from the visit in 22 A Three pounds. 23 Q Now, then you were asked some questions by . 24 Attorney Shollenberger about a call that you got to fill a .:..J 25 prescription at her pharmacy, is that correct? ~ ~'_." 1 A Yes. 2 o Don't you indicate in your notes from July 15th 3 that she didn't have that prescription filled? 4 I am sorry, you are on which date now? A 5 July 15, 1994. o 6 Yes, that's what she had said. A 7 o And she reported to you that she has not been 8 taking any medications for her headaches? 9 A Yes. 10 And then going to her final visit in October of o 11 1994, that was not a scheduled visit? 12 A Correct. :) 13 o Have you ever -- strike that. 14 Had you rescheduled a visit for her after her 15 July visit? 16 I believe so. The July note says she was to be A 17 rescheduled for six months. 18 Did she ever return for a re-evaluation in six o 19 months? 20 A No. 21 But in fact she came in in October of 1994 o 22 because of this situation that you had described? 23 This other incident, yes. A .. V 24 Q Who had performed the procedure to her jaw that she indicated she had at that time? 25 (;- ~, ""~,,,,:~--:; 58 .~ ....."..1 1 A I do not have it marked who did it. 2 Q But this is a this was not related to her neck 3 or back, is that correct, doctor? 4 A It says it was for a joint injection in a dentist 5 type chair is what my note says. 6 Q She had not had any symptoms or problems with her 7 left leg or foot prior to that procedure being performed, is 8 that correct, doctor? 9 A She didn't have symptoms of this type prior to 10 that. She had numbness in her left side I believe shortly 11 after the accident, but she did not have a foot drop. 12 Q And you had as a result of this that, you :) 13 suggested that she have an ankle brace put on her foot? 14 A Yes, it was called a moffo. 15 Q Did she ever get that ankle brace, doctor? 16 MR. SHOLLENBERGER: I am going to object, 17 foundation. I think it's based on hearsay. 18 BY MR. SCHWALM: 19 Q To your knowledge, doctor, did she get the ankle 20 brace? 21 MR. SHOLLENBERGER: I will repeat my objection. 22 THE WITNESS: To my knowledge, she did not get the 23 brace. 24 BY MR. SCHWALM: .....) 25 Q You also suggested that she remain off of work o o ,JJ 59 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 for one week? A I wanted her to remain off work until she had better control of her foot. o Well, your records say that she -- that I have asked she remain off work for one week? A That's not a question. o Is that what your note says? A Yes. o Do you know, do you have any personal knowledge whether she stayed off work for that week? A No, I really don't know whether she worked or not. o Now, you also asked that she be re-examined in one to two weeks? A Yes. o Now, you do know that she didn't return for an examination within the one to two weeks, is that correct, doctor? A Yes, that's correct. I also asked her to contact me if she had any changes in her symptoms or difficulty with her brace or her medication. o And she didn't get back in touch with you about those things? A No. n ~4 1 Q 2 of 1994? 3 A 4 Q 60 So the last time that you saw her was in October That's I:orrect. And was she having any problems with her soft 5 tissue injuries that you treated her for at that time? 6 A I don't believe we even talked about it. She had 7 acute problem with her foot and that's, to my knowledge, all 8 that we talked about at that visit. 9 Q You don't know what her condition is as of the 10 present time? 11 12 0 13 14 15 16 17 18 19 A No. Q Had you placed any restrictions on her activities as of the last time that you saw her related to the soft tissue injuries that she had? A No. MR. SHOLLENBERGER: I am going to object to that question. I mean she just said that she didn't even discuss it. THE WITNESS: On the last visit, that's correct. 20 BY MR. SCHWALM: 21 Q Well, going back to her visit then in July of 22 1994. Did you put any restrictions on her or limitations on 23 her at that time related to her soft tissue injuries? , o 24 25 A No, I don't recall that we discussed that. Q And at that time, she had been working full-time? 61 ~ ~. ' ~ 1 A To my knowledge, yes. 2 Q Did she have any complaints or problems with 3 respect to activities that she was doing outside of work? 4 A Not -- I don't know of any problems outside of 5 work. 6 MR. SCHWALM: That's all the questions I have. 7 Thank you, doctor. 8 REDIRECT EXAMINATION 9 BY MR. SHOLLENBERGER: 10 Q Dr. Matlin, going back to the emergency room 11 record at the Holy Spirit Hospital. Attorney Schwalm asked 12 you some questions about that. Do you have that record? o 13 A Yes. 14 Q He asked you whether I think the -- what 15 positional what was meant by positional with regard to 16 the x-rays. Do you recall that question? 17 A Yes. 18 Q And the other -- and the straightening of the 19 lordotic curve can be from paraspina1 muscle spasms; is that 20 what you testified to earlier? 21 A Yes. 22 Q And do you recall my question of which of those 23 two you thought was the cause? 24 A Yes. ~ 25 Q And what was your response? o 1 A 62 In my opinion it would be more likely to be 2 consistent with spasm as that was what the physician who 3 examined her at that time also noted. 4 Q All right. And under the examination of the 5 emergency room physician under neck, what did he indicate 6 with regard to spasm? 7 A He wrote with spasms, stiffness without 8 tenderness with spasm. 9 Q Now, Attorney Schwalm asked you about -- Attorney 10 Schwalm asked you with reference to the temporal area, 11 t-e-m-p-o-r-a-l. Is that distinguished from the TMJ joint? 12 o 13 14 joint? 15 A Yes. Q Explain how that is distinguishable from the TMJ A Temporal is a portion of the skull, and TMJ joint 16 is a more specific location. 17 Q And just so we're clear, that spasm that was 18 found at the emergency room, is that an objective or 19 subjective symptom? 20 21 A It's an objective finding. Q And the loss of the lordotic curve that 22 Mr. Attorney Schwalm mentioned, is that an objective or 23 subject sign? 24 , J 25 A Could you repeat that again? Q The loss of the lordotic curve, is that an o ,-.. -. ,_.,.......-..'~, .... 1 objective or subjective sign? 2 3 A Objective. Q So we're clear, neither one of those is dependent 4 upon the report of the patient? 5 6 A Correct. Q Now, Attorney Schwalm made reference to the 7 neurologic exam on numerous occasions. You made reference 8 to it as well. 9 Does it -- when you are doing a neurologic exam, 10 are you looking for soft tissue injury? 11 A Well, neurologically -- when I say a neurologic o 12 examination is benign, I am talking about my reference to 13 just the nervous system. 14 15 16 17 18 19 20 Q Are muscles nerves? A No. Q Are ligaments nerves? A No. Q Are tendons nerves? A No. Q Do they serve a different purpose in the body 21 than do the nerves? 22 23 24 , -...) 25 A Yes. Q Is the neurologic exam limited to the nerves? A No. Q Can you include some -- 63 ~.--"""-'" '~'"'-''-''''' n I ' 1 A Well, my clinical exam is -- includes more than 2 just a neurologic exam. 3 Q I am not asking you that. A neurologic exam, is 4 that designed to detect problems with the nerves? 5 A Yes. 6 Q Okay. Now, Attorney Schwalm mentioned I think at 7 one point -- strike that. 8 Attorney Schwalm made reference to the July 15th, 9 1994 visit. Do you have that? 10 A Yes. 11 Q Okay. And she indicated she had not been -- he 12 made reference to her not taking any medications for C) 13 headaches. 14 A Correct. 15 Q At that time, she was receiving chiropractic 16 treatment, wasn't she? 17 A Yes. 18 Q And that was with Dr. Blake? 19 A Yes. 20 Q And that was occurring how often according to 21 Diana's report to you? 22 A Once or twice weekly. But she also said her jaw 23 problems were doing much better with the injections, and I I, V 24 think that also was directly related to her headaches and 25 Q Now, there were times that Attorney Schwalm 64 65 ~ -1~ 1 mentioned Diana mentioned she was doing better. Is that 2 consistent or inconsistent with a person who is reliably 3 reporting their symptoms? 4 A Very consistent. 5 MR. SHOLLENBERGER: That's all. 6 RECROSS EXAMINATION 7 BY MR. SCHWALM: 8 Q When Diana Diana Landis came in to initially see 9 you, doctor, you were aware at that time she was being 10 represented by an attorney, is that correct? 11 MR. SHOLLENBERGER: Objection. It's beyond the o 12 scope of the direct. It's beyond the scope of the redirect 13 and it's irrelevant. 14 BY MR. SCHWALM: 15 Q You can go ahead and answer. 16 A I believe so, yes. 17 Q Now, on redirect Mr. Shollenberger was asking you 18 about your reports of the neurologic examinations? 19 A Yes. 20 Q In your reports, if you would make an examination 21 with respect to her soft tissue injuries, would you report 22 any records -- any problems that she was having with those? 23 A Usually, yes. 24 Q And if you didn't report anything related to u 25 that, would that indicate that there were no findings of o o ~ 66 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 soft tissue symptoms at that time? A It's possible, but it's also possible that for me to have left it out too. Q For what reason would you have left it out, doctor? A Depending on what else was considered more important at the time as to what we were talking about. There are lots of reasons, depending on how busy I was when I was dictating it, it's possible that I could have left things out. Q Well, for example, when you report in April of 1993 that the strength and tone of all four extremities is normal, what is that a reference to, doctor? A It's a reference to the strength and the tone of all four extremities. Q Is that related to muscle strength? A Yes. Q So that's not a nerve -- related to nerves, is it? A No, that's not true entirely because the muscles get their messages from nerves. Q But if someone has a soft tissue injury that is creating problems, that would -- that would lessen the strength in an extremity? A Not necessarily. Q o o 1 Q If they wouldn't be using it as frequently 2 because of pain resulting from soft tissue injury? 3 A That usually doesn't happen to that extent that 4 you significantly lose power. 5 Q And certainly your finding in April of 1993 6 indicates that her strength was normal? In her limbs. In her limbs. MR. SCHWALM: I don't have any other questions. MR. SHOLLENBERGER: Nor do I. (Whereupon, the deposition was concluded at 7 A 8 Q 9 10 11 12 5:50 p.m.) 13 14 15 16 17 18 19 20 21 22 23 24 25 67 C) 3 4 5 6 7 8 9 10 11 12 0 13 14 , ~ 68 1 COUNTY OF DAUPHIN 2 : SS COMMONWEALTH OF PENNSYLVANIA : I, Maria N. O'Donnell, a Notary Public, authorized to administer oaths within and for the Commonwealth of Pennsylvania, do hereby certify that the foregoing is the testimony of EMILY MATLIN, M.D. I further certify that before the taking of said deposition, the witness was duly sworn; that the questions and answers were taken down stenographically by the said Reporter-Notary Public, and afterwards reduced to typewriting under the direction of the said Reporter. I further certify that the said deposition was taken at the time and place specified in the caption sheet hereof. 15 I further certify that I am not a relative or employee 16 or attorney or counsel to any of the parties, or a relative 17 or employee of such attorney or counsel, or financially 18 interested directly or indirectly ill this action. 19 I further certify that the said deposition 20 constitutes a true record of the testimony given by the said 21 witness. 22 IN WITNESS WHEREOF, I have hereunto set my hand 23 this 9TH day of SEPTEMBER, 1995. !~ARI^ "^TALENgT~~~~~l~~A~otJry Pu~1ic '~\ \ &. II)~ lC)VJu.lll i. t13rrlsburg, DauphIn Cuunty Miiih.a N. 0' Donnell, ~R L': ':":'/lIlsslon E.plres Hay 13, 1996 Notary Public 24 25 . r""\ lk,,' DIANA LANDIS, . . PLAINTIFF . . . . . . V ROBERT SHEAFFER AND SUBURBAN ROOFING, DEFENDANTS DEPOSITION OF: TAKEN BY: BEFORE: DATE: , PLACE: ;) APPEARANCES: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 329 CIVIL 1994 JURY TRIAL DEMANDED ROBERT O. BLAKE, D.C. PLAINTIFF MARIA N. O'DONNELL, RPR NOTARY PUBLIC SEPTEMBER 11, 1995, 2:00 P.M. 275 SOUTH HOUCKS ROAD HARRISBURG, PENNSYLVANIA LAW OFFICES OF TIMOTHY A. SHOLLENBERGER BY: TIMOTHY A. SHOLLENBERGER, ESQUIRE FOR - PLAINTIFF ,', ,.n ~ .-J --n '",-, . .~ ~ ~_i: ~~.". '. - - - l,'. . N U\ .... -.:l :::J" THOMAS, THOMAS & HAFER BY: DAVID SCHWALM, ESQUIRE d" r'_l',',} '~,-~~% 'F :;"~ .~': -~. ';J' ~-< - ~ FOR - DEFENDANT ~ ORIGINAL Hughes, 7l1bright, 'lVllz Sr JVatde J?eporling Smice, 8nc. 115 PINE STREET' HARRISBURG, PA 17101 Harrisburg 717-232-5644 Fa. 717-232'9637 Laneaslar 717-393-5101 2 PI ".~-- 1 WITNESSES 2 NAME DIRECT CROSS REDIRECT 3 ROBERT O. BLAKE, D.C. 4 BY: MR. SHOLLENBERGER 3 69 5 BY: MR. SCHWALM 57 6 7 8 9 10 11 12 o 13 14 15 16 17 18 19 20 21 22 23 24 J 25 c' 1 3 ROBERT O. BLAKE, D.C., called as a witness, being 2 duly sworn, testified as follows: 3 DIRECT EXAMINATION 4 BY MR. SHOLLENBERGER: 5 Q 6 A 7 Q 8 A 9 10 11 injury. 12 r-'- U 13 would you state your name, please. My name is Robert Blake. Your occupation? I am a doctor of chiropractic. Q And what do you do as a doctor of chiropractic? Take histories, diagnosis and treat physical A Q What do you mean by chiropractic? A Chiropractic, broad definition would be 14 non-surgical, non-drug related manual treatment of physical 15 body, musculoskeletal system primarily. 16 Q When you say the musculoskeletal system 17 primarily, what is the musculoskeletal system? 18 A The musculoskeletal system would be the muscles, 19 ligaments, neurology of how they function around joints, 20 with joints, structural spine, supporting bones, shoulders. 21 22 23 \ -..J 24 25 Q Does it include the neck area? A Yes, it does. Q Low back area? A Yes, it does. Q Midback area? n '{ - ~ 1 A 2 Q 4 Yes, it does. How long have you been in the private practice of 3 chiropractic? 4 A 5 I opened up my office, my own practice in 1983. Q And have you been continuously in the practice of 6 chiropractic from 19B3 through 1995? 7 B A Yes. Q In order to practice chiropractic in 9 Pennsylvania, is it is necessary to be licensed? 10 A Yes. 11 Q By whom are you licensed? 12 A By the state, the state has a chiropractic board 0 13 of licensing. 14 Q For how long have you been continuously licensed 15 in the Commonwealth? 16 17 A 1982. Q Did you have any education or training in 18 chiropractic before you started your active practice in 19 19B3? 20 21 22 A Yes. Q Would you summarize that, please? A Undergraduate education, I have a bachelor of 23 science in biology from Huntingdon College of Indiana. That 24 entailed me to go to Palmer College of Chiropractic in \ ' ~ 25 Davenport, Iowa. 5 -- (_ 1 -,,' 1 I graduated with a doctor of chiropractic in 2 19B2. 3 Q While you were at the Palmer College of 4 Chiropractic, did you have any occasion to have any courses 5 or training in the reading of x-rays? 6 A Yes. 7 Q Did you have any courses or training in the 8 reading and interpretation of x-rays of the spinal cord 9 and -- excuse me, the spinal column? 10 A Yes. 11 Q And the spinal column would be what? 12 A Neck, thoracic spine, low back, pelvis. () 13 Q During your time at the Palmer College of 14 Chiropractic, did you have any occasion to serve as a clinic 15 resident? 16 A Yes, I did. 17 Q What did it mean to be a clinic resident? IB A That was a scholarship program where I was I 19 had to pass a battery of tests oral and written and this was 20 on top of meeting all of my obligations or requirements as 21 an extern. 22 And that allowed me to monitor the student 23 doctors and be a go-between between the faculty doctors and 24 the student doctors. So my duties would be to make sure the ~ 25 student doctors are examining and filling the paperwork out r le:.; , '",... 1 correctly, interpreting their tests correctly and then 2 helping them decide what tests they may want to choose, 3 whether x-rays are necessary or not. And then help set up o .J 6 4 some kind of a treatment protocol. 5 And then we would evaluate the treatments and if 6 they weren't able to procure a treatment they were trying to 7 do, then we would be asked to maintain that or do that B treatment. 9 Q When did you start at the Palmer College? 10 A 19B2, excuse me, 1979. 11 Q So that was a three year 12 A It's a four-year course. They run it year round 13 so you don't get the summer break off. So they do four 14 academic years in three calendar years. 15 Q I see. All right. 16 Now, in terms of your clinical teaching and 17 residence, I notice you remained on at Palmer College in '82 IB and 'B3? 19 A Yes. 20 Q what were you doing then? 21 A Just about right before I was ready to graduate, 22 I was approached by I think it was Dr. Williams who asked if 23 I would be interested in applying for a clinical teaching 24 residency program. 25 And what that entailed, that was a position where 7 ([') '4' 1 about a third of my day I would spend doing -- I would help 2 teaching basic clinical, like teaching x-ray positioning or 3 helping to teach the technique classes. 4 Then part of my day I would be involved with 5 the -- in the student clinic helping the students with their 6 patients. 7 Then part of my day I would been involved in B helping to run clinic or research, clinical research. 9 Q In 19B3, you came back to Harrisburg and opened 10 up your practice? 11 A Yes, that's correct. 12 Q Now, is there any continuing mandatory o 13 continuing legal education in the field of chiropractic in 14 Pennsylvania? 15 A In Pennsylvania we have twelve hours a year and 16 we're licensed two year terms, so it's 24 hours of 17 continuing education. It has to be approved by the board. 18 Q Have you fulfilled those requirements in each of 19 the two year periods that you have been licensed? 20 A Yes. 21 Q Have you met or exceeded -- 22 A I generally exceeded, I like to study. 23 Q Now, I notice from your resume that you had some 24 participation in some orthopedic seminars? \ -.:J 25 A Yes, I did. '''- .-.._~-. ,,-. \ ; Q What were the purpose -- what was the purpose of 1 ~ ' 2 those? 3 Initially I was going to take 300 hour classes A 4 and get board certified. It's just an ongoing class of 5 orthopedics twelve hours a weekend. You go once a month 6 and -- it's a good classes. You learn -- 7 Q How many hours? 8 It about 150. A 9 You learn everything from neurology, to 10 pathology, to orthopedics, as far as fractures. We learn a 11 lot of things that wouldn't pertain to chiropractic, but we o 12 learn a lot of things that do. 13 You would learn all of the fractures types, how 14 you would set those. Although in Pennsylvania chiropractors 15 don't do that. 16 We also learn simple things like differentiating 17 sprain and a strain, bursitis, things like that, which is 18 not as simple as it sounds. 19 Now, in your practice here in the Harrisburg area Q 20 for the last twelve years, have you treated patients who 21 have been involved in motor vehicle collisions? 22 A Yes. 23 What percentage of your practice would you say is Q 24 made up of that type of case? J A I would say roughly 25 percent. 25 8 0, " 1 9 Q Of those cases, have you had occasion to treat 2 individuals who have had injuries to their spinal columns? 3 4 5 6 7 8 9 10 11 12 o A Yes. Q Do you treat those patients in the office or -- A Yes. Q And is that hands-on so to say? A Yes, it is. Q Who sees the patients? A I see them. Q Who prescribes their treatment? A I see them. I do. Q Do you continue to see and treat individuals 13 through today that have been involved in motor vehicle 14 collision and have sustained injuries to their spinal 15 column? 16 17 18 A Yes, I do. Q So that remains an active part of your practice? A Yes, it is. 19 MR. SHOLLENBERGER: I will offer Dr. Blake as an 20 expert in chiropractic witness and allow you to 21 cross-examine as to qualifications. 22 CROSS-EXAMINATION ON QUALIFICATIONS 23 BY MR. SCWALM: 24 Q Dr. Blake, you indicated that you were licensed ~ 25 in Pennsylvania to practice chiropractic? C\ \.~ ! 1 A 2 Q 3 A 4 staffs. 5 6 7 10 Yes, I am. You are not on any hospital staffs, are you? Chiropractors generally are not on hospital Q You -- A I am not, no. Q And you said that you -- or you indicated you B couldn't prescribe drugs? 9 10 medicine. 11 12 o 13 be. A Chiropractors don't prescribe pharmaceutical Q Can you perform surgery as a chiropractor? A Chiropractors aren't surgeons, nor do we want to 14 MR. SCHWALM: That's all the questions that I have 15 on qualifications. 16 MR. SHOLLENBERGER: Do you have any objection to 17 my offering him as an expert chiropractic witness? 18 MR. SCHWALM: No. 19 BY MR. SHOLLENBERGER: 20 Q Dr. Blake, you have been -- you have known Diana 21 Landis. And when was it that you first saw her as a 22 patient? 23 A April 8th, 19B9 is the first time she 'J 24 matriculated into my office. 25 Q And did you treat her during the years 19B9 11 ,."'\ ! '., 1 through July 1, 1992? 2 A To some degee of treatment ongoing, yes. 3 Q All right. Referring to your records, doctor, 4 during that period of time, what were -- what was the nature 5 of the condition for which you were treating her? 6 A There are a variety of complaints. I just read 7 down the initial list that I have on her health history. B She complained of stiff neck, backaches, swollen 9 joints, foot trouble, pain between her shoulder, spinal 10 curvature, headaches. Dizziness, fatique, complained about 11 deafness, dental decay and large glands. 12 Then we talked a little more about it. She had a ~ 13 lot of pain between the shoulder, a lot of low back pain and 14 they would vary from different times. 15 She thought some of her pain was because she was 16 a waitress. And she did state that she had a whiplash type 17 injury three years previous to coming into my office. IB Interesting, she would get dizzy during 19 menstration. She also related her -- a lot of her 20 complaints to her scoliosis. She had had a brace, other 21 type of a jacket which she didn't know much about 22 approximately for two years between the ages of sixteen and 23 eighteen. 24 She wasn't really sure of the amount of curvature J 25 she had had when it was at its maximum. And she complained 12 /"", , .....,.. 1 that her right arm would be weak. 2 She -- the definition was mostly right eared. 3 And it was an on and off variable. It seemed to be effected 4 when she swam or if she had a cold. 5 Q Now, going back to the scoliosis. What do you 6 mean by that? 7 A A scoliosis is defined -- would be a lateral B deviation of the spine which means it curves sideways. For 9 it to tilt sideways, it has to rotate. 10 In her case she had a pretty remarkable 11 thoracolumber scoliosis. That means the lower part of her 12 back between her shoulder blades had a lot of twist in it. 2; 13 I don't know have the exact degrees written down. 14 I have a rough degree. I wrote 25 to 23 degrees, 15 but I don't have that in front of me to be 100 percent sure 16 of that, but it was very remarkable. It was a significant 17 amount. 18 Q All right. Now, you also indicated that she was 19 involved in a motor vehicle collision three years before 20 seeing you. Did you see any medical records? 21 A I have records from Dr. pikulin stating that, 22 discussed a visit or two regarding that. 23 Q All right. 24 A There really wasn't a lot of documentation for \ J 25 that injury, to my knowledge, and I know she saw a Dr. o 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 o 'J 13 Raycow. Q Did it indicate how long she saw Dr. Raycow in Dr. pikulin's records? A The term three weeks sticks in my mind, three weeks of therapy. Q All right. Did she give you a history of how that happened, or did she give Dr. pikulin a history of how that happened? A I have some sketchy notes from Dr. pikulin, yes. Q What do they say? A I am looking for the exact notations. She stopped at a stop sign and -- MR. SCHWALM: I am going to object to his referring Dr. Pikulin's records since it's not clear to me that they were provided to him as part of his treatment of this patient. BY MR. SHOLLENBERGER: Q Doctor, tell me if I am reading this correctly from Dr. pikulin's records. August 23, 1985 driving at stop sign and hit from rear. HS Hosp, Dr. Raycow, PT three weeks? A November 'B5 last visit, yes. That is how I would read it. Q Is that what A That's how I would read it. 14 r---. \ 1 ....., 2 3 4 5 6 7 8 Q What is the date on that visit? A That looks like February 10, 19B6. Q All right. And what is the last visit with Dr. pikulin? A February l8th, 19B6. Q Now, when you took a history from her, did she indicate to you that she had seen any other chiropractors between the date that she last saw Dr. pikulin and the date 9 that she first saw you? 10 A No Dr. pikulin is the only one that she 11 indicated. 12 Q Now, referable to the period of time that --/ 13 predated July 1, 1992, during that period of time, did you 14 see Diana clinically in your office? 15 A Yes. 16 Q What was the nature of the treatment that you 17 were providing for her during that time? IB A We were doing primarily mechanical treatment and 19 which included specific manipulation or spinal 20 manipulation. And the purpose was to increase mobility in 21 areas where the joints were fixated. 22 They weren't moving through the motion well. 23 Similar to like a rusty hinge is a good example of what a 24 fixated joint is like. J 25 The treatment was for variable complaints as we n \,; 1 said earlier. The pattern that she would consistently have 2 rigidly or stiffness and symptoms related to the 3 thoracolumbar area up into the shoulder blades. 4 Some days she would have a lot of lower back 5 pain, some days she wouldn't. Some days she would have neck 6 complaints, some days she wouldn't. 7 Q All right. During that period of time, did you 8 ever put her off work? 9 10 A No. Q During that period of time, and when I say that 11 period of time, I mean from April 8, 'B9 until July lst, ~ ......) 12 1992, did she ever tell you that she missed work? 13 14 A To my knowledge not for back related conditions. Q All right. Did she represent that she had any 15 traumatic events during that period of time? 16 17 A Not that I am aware of. Q And by traumatic event, I would include in that IB any motor vehicle collisions or fall, slips and falls at 19 work or 20 21 22 jaw pain? 23 24 oJ 25 A Nothing that I am aware of. Q Did she -- do you have any recorded complaints of A None. Q Jaw lock? A None. 15 J.....,-'-""'.."...>.~ "..."y"...,~ 16 .r'\ 1 Q Did you ever prescribe or give her any treatment 2 for her jaw during that period of time? 3 A None that I know of. 4 Q Now, according to your notes you saw her for the 5 last time prior to July lst, 1992 on what date? 6 A June 5, 1992. 7 Q What were her statements about her condition on 8 that date? 9 A On that particular day we had some neck 10 complaints. We had low neck sore with soreness up the right 11 side and a headache. And we worked on the top part of her 12 neck. - '""'\ . .....) 13 The visit before that of May 20th we had midback 14 sore, rigid midback. We go back the next one, two, three, 15 four, five, the next five, we had midback stiff, midback 16 sore. Low neck sore, stiff. Midback sore. Stiff left 17 midback, deep pain, rigid. 18 Q I move to strike. I don't want -- I didn't ask 19 you that. 20 MR. SCHWALM: Well, I am going to object to 21 striking his testimony. You were asking what he had seen 22 her for. 23 MR. SHOLLENBERGER: I asked him what he saw her 24 for on the last visit. J 25 MR. SCHALM: It was your question. 17 o , - \. .~, ' ' 1 MR. SHOLLENBERGER: Yes. 2 THE WITNESS: I rambled, I did, I didn't play 3 fair. 4 BY MR. SHOLLENBERGER: 5 Q When did you first see Diana Landis relative to 6 the motor vehicle collision that she was involved in on July 7 1, 1992? 8 A July 3, 1992. 9 Q She provide you a history of how this occurred? 10 A Yes, she did, basically. 11 Q What was -- what was the history that she 12 provided to you? A She was slammed into the rear end sitting at a /) V 13 14 stop sign. She was preparing to turn out into the road. It 15 was one of those wide circle roads. She was looking left to 16 see if the traffic was clear when she got hit. 17 And then from the accident she was taken by 18 ambulance to the Holy Spirit Hospital. And at the time of 19 the accident, she didn't black out, but she was dizzy. And 20 she had a shot of pain that went up into her head. 21 She had left arm and leg numb feeling and pain. 22 Q Did she indicate whether she received any x-rays? 23 A Yes, she was x-rayed at the Holy Spirit 24 Hospital. ',J 25 Q She provide you with a statement of how she was (J) 1 feeling since the time that she was in the hospital? 2 A Yes, I have patients fill something out called a 3 personal injury questionnaire, which is an opportunity for 4 the patients to write down in some kind of a detail the 5 interesting things, like the accident, how it happened, what 6 happened, how they felt at the time of the accident, later, o . 7 the next day or the next day, what they feel, how their pain 8 or level is when they get to me. 9 Q And did she describe that for you? 10 A Yes, she did. 11 Q What did she state? 12 A As far as during the accident, she wrote down 13 that she had like an explosion in her head. Immediately 14 after the accident, she wrote like blacking out, left arm 15 and foot got tingly and she was dizzy. 16 Later that day, front of neck and upper back got 17 sore. 18 The next day couldn't lift head without help. 19 And at the present conditions at the time, which was the 20 third, she wrote she had neck and upper back pain, middle 21 back pain, hurt real bad, hurt bad. 22 And then there is also a symptom, an area where 23 she can make checks to like symptoms since the accident. 24 Q Right. J A She checked off headaches, neck pain, neck stiff, 25 18 ,I'r') ......... 10 11 19 1 sleeping problems, back pain, nervousness, tension, chest 2 pain. Head seemed to be heavy, pins and needles in arms, 3 pins and needles in leg. 4 Numbness in fingers, shortness of breath, 5 fatique, depression, diarrhea, stomach upset. 6 Block 19 she stated that she was getting worse on 7 the third compared to the date of the accident. B Q Now, you conducted a physician examination on 9 that day? A Yes, I did. Q Could you describe what you found when you 12 conducted your physical examination on July 3, 1992? ~ 13 A 29 year old female, five foot three, 14 approximately 110 pounds. She ambulated normal. Her gait 15 was normal. Posture was fair. She appeared well balanced. 16 She had marked cervical spine, partial flexion 17 and as far as antalgic position. 18 Which means? Q 19 Which means she's trying to find the position A 20 where it's not painful. Probably it's a subconscious thing 21 that just -- your body just does it by yourself, you don't 22 think about it. So her head was tilted and her neck was 23 bent. 24 Interesting findings: At the date, deep tendon ~ 25 reflexes which are a connection of the muscle up the nerve ~ . ." 20 n \, . 1 to the spinal column or cord, and it makes one nerve jump to 2 another nerve, goes back down and makes the muscle twitch. 3 Everybody has had the little reflex hammer on the 4 knees, so you can picture that. But we did different ones 5 for her neck plexus. Forearm, tricep, bicep, they were all 6 within normals on that date. 7 Patellar reflex, that's the one most doctors do 8 on an examination, that was a normal one. Then I also 9 routinely check the achilles; that was within normal. 10 So at that point we weren't seeing any gross 11 neurologic damage. 12 Okay. Q o A Other tests, did the finger to the nose, that's 13 14 like if you had been drinking and you get caught. You stick 15 your head, then tilt your head, shut their eyes, put their 16 arm out as far as they could and see if they can find their 17 nose. That tests for cerebellar damage. And she was okay 18 with that. Which, you know, she's able to find her nose 19 without a lot of effort. 20 Foramina compression, that's a seated test where 21 I put pressure from the head down into the neck. And it's 22 not a lot of pressure, it's just a firm pressure. ~ 23 And we're looking for referring pain or symptoms 24 of pain. She had pain seated in the normal position. In a 25 neutral position where her head was straight looking 0 1 .oj-' 2 3 4 5 6 7 B 9 10 11 12 o \, J forward, when I did that she had pain in the base of her neck or in her neck. Neurologically if there is not pain on that, then we go to other steps, but with the positive findings at step one, you stop. Q What does that tell you about the nature of the injury? A That tells me there was at least a lot of inflammation in the facet joints, possibly compression of soft tissues of disk type or -- Q What is a facet joint? A A facet is -- it's where the movable part of the 13 vertebrae come together. There is something called a motor 14 unit. A motor unit is one vertebrae, the disk and the 15 vertebrae below it. 16 And the way they connect is called a facet, 17 articular facet. IB And they're like two pieces of machined metal 19 where they come together, then there is soft tissues in 20 there that when they're healthy are skinny and slippy and 21 they allow a nice friction free motion in that area to occur 22 so that the bones can move and you can turn your head and 23 things like that. 24 But when they're injured, it's very similar to 25 like when you stove a finger joint, it swells and it 21 22 Y: c' 1 increases the pressure in there, and that causes reflex, 2 neurologic pain which causes spasm. 3 And if we compress that, it makes more pain. So 4 that was one of the possibilities at the time what we were 5 doing. 6 Q Okay. 7 A There is another test that was very positive B called a shoulder depresser. An a shoulder depresser, we 9 laterally or sideways tilt the head a little bit and then we 10 put downward pressure on the shoulder. And we're stretching 11 the neuromuscular tissues. 12 Primarily what it is called the brachial plexus. j '~ 13 And brachial plexus is a group of nerves that go from the 14 neck down the side, down into the arms of the hand. 15 Now, if a person would have it could be 16 positive for two things. It could be a positive test for 17 compression of a nerve, or just really sore hurt muscles, IB injured muscles. 19 Q What was it in this case? 20 A Well, on this test, it doesn't tell which, it 21 just tells one or the other. It tells us it's one of these 22 two things is not good, and -- 23 Q What was your feeling as to which one? 24 A I think -- I don't think we were dealing with .....) 25 nerve and then having the opportunity to work with her, I 23 n \ ' "" 1 know we didn't have nerve damage, it was purely soft tissue, 2 muscular ligamentous, so that was positive. 3 And the last interesting thing is called hip 4 hyperextension compression. That's tilt the head back. And 5 if we tilt the head back and put a little pressure down, 6 that's a very similar to the foramina compression. 7 Q Okay. Now, in terms of your practice, when you B see your patients, do you try to determine what treatment 9 they might have received before they saw you? 10 A Yes, we try to find out what -- after the injury .::) 11 who you saw, what did they do. Those are very standard 12 questions. 13 Q Were you able to determine what treatment that 14 she had received before she had seen you? 15 A Yes. She had seen the Holy Spirit Hospital, and 16 it was an emergency type situation from trauma. And their 17 responsibility primarily is to determine that she has a IB stable neck, not a unstable fracture. 19 Emergency rooms don't typically dispense 20 corrective treatment, they determine whether this person is 21 a risk or not. And she wasn't at risk for a spinal cord 22 fracture or, you know, pressure on the spinal cord. 23 They told her, you know, basically soft tissue 24 injuries. J 25 Q Did they take x-rays of her at the hospital? n 1 '-4..." 2 3 4 5 6 A Yes, they did. Q Did you review those x-rays? A I had. Q Did you review the report or the actual x-ray? A I saw the x-rays and the report. Q Okay. What conclusion did you draw when you 7 reviewed the x-ray that was taken in the emergency room on B July lst? I am speaking of the x-rays of the cervical 9 spine. 10 Cervical spine, essentially she had flattened A o 11 lordosis, which is a fancy way of saying instead of a having 12 a forward curve in her neck as it should be, she had a 13 straight neck. 14 In the olds days you used to call these military 15 necks. That is often times a traumatic response. 16 Q It's a traumatic response of what, doctor? 17 A Of the curvature of the neck. Medically you will 18 see a lot of doctors will write they feel it has to do with 19 the tightness of the musculoskeletal system, but it doesn't 20 seem to hold up. It seems to be more of a -- almost like a 21 restructuring of the curve. 22 Q Was the flattened curve as you found at this 23 time, was that consistent with the findings that you had on 24 physical exam? .J 25 A I would think it's very common with her findings, 24 o 1 very expected. 2 Q Was it consistent with the symptoms that she was 3 complaining of? 4 A Yes. 5 Q Which are those symptoms? The neck pain, shoulder pain, tingling in the 6 A 7 arms, severe headache. 8 Q Would a finding of spasm be consistent with a 9 flattened curve? 10 A You could have a spasm with a flattened curve, 11 you could have a spasm without a flattened curve. I don't 12 really believe that that would be a big sign, oh, we have 0 13 spasm, let's have a flat curve. 14 Q Now, we have your last visit before the collision 15 as being 6-5-92. 16 How would you compare her physical condition as 17 you found it on July 5th, 1992 with her physical condition IB as you found it July 3, 1992? 19 There it was a whole different game. A 20 Q What do you mean by a whole different game? 21 A Well, the 6-5 was more of an annoyance kind of 22 symptom, where on the date of the accident we definitely had 23 a person who was in a protected mode. Was having major 24 league distress. Probably the difference from having a '. J 25 splinter or having your foot cut off. 25 n 1 MR. SCHWALM: I am going to object to the 2 characterization by Dr. Blake. 3 BY MR. SHOLLENBERGER: 4 Q Now, after you examined the patient you took a 5 history, you reviewed the -- or learned that she had 6 received some care before she saw you. 7 Did you make a working diagnosis? 8 A Yes, I had. 9 Q Okay. What was your diagnosis? 10 A I think Croft form of diagnosis, I like Croft's 11 form of diagnosis. ,-"'. U 12 Who is Croft, C-r-o-f-t? Q 13 A Yes. He's one of the leading lecturers on neck, 14 not even -- not just car accident injuries. He has written 15 books, he is a national lecturer. 16 Q So you utilize his classification of the injury? 17 A Yes, I did. IB Q What was your diagnosis? 19 A We call it excelleration, deceleration injury, a 20 type one, grade three, stage two. 21 Q Let's take each one of those terms. What does 22 type one refer to? 23 A Type one is a rear end. It -- basically it's a \, -.J' 24 rear end collision and it refers to the patient probably 25 didn't have any internal collision inside of the car, 26 27 n ,~,. 1 meaning 2 Q 3 that? 4 A they didn't bounce off of the windshield or -- All right. Grade three, what do you mean by Grade three indicates musculoskeletal pain 5 including some neurologic symptoms or findings. 6 Q All right. And does it refer at all to the 7 severity of the injury? 8 A Yes, probably a little bit. Probably it 9 indicates that there is, you know, reasonable amount of pain 10 rather than a mild amount of pain. 11 We could probably use moderate or more o 12 Q Now, stage two, that refers to what? 13 A Stage two is the phase that the patient is in. 14 There is an acute stage which is stage one, subacute which 15 is stage two, then there is a corrective, which is stage 16 three, corrective or remodeling. 17 Q Let's -- we're going to talk about treatment here 18 in a second. 19 Is there a different treatment according to what 20 phase the injury is in or stage as you call it? 21 A Yes, the treatment, it's not really according to 22 the it will -- the stage will allow certain treatments, 23 okay. 24 You have the person who is in an acute situation ,~ 25 or maybe very nasty subacute pain, they will not tolerate a 28 CTJ 1 treatment that somebody who is -- their inflammation is 2 decreased and their -- 3 Q In summary form, would you describe for the jury 4 the different stages? 5 A Acute, subacute and chronic. 6 Q And what they mean to you? 7 A Yes, the term acute generally indicates that the 8 patient has so much pain that it really effects ever aspect 9 of their life. 10 Chronic is a term that probably indicates they o 11 have pain, pain symptoms, but it's more of an annoyance, an 12 aggravation, it doesn't really effect their -- every aspect 13 of their life. 14 As we're using it here, acute is pretty much to 15 pain mean the first 4B hours of the injury. And then due to 16 the way that the body reacts in the inflammatory changes, 17 things that occur, then the -- Dr. Croft has -- at that IB point, he puts it into subacute stage. 19 20 Q Which means? A Which is still very painful, but we have 21 developed tons of inflammatory, and once the tissue is 22 inflamed for more than so long, it starts to scar tissue or 23 fascitis-type situat.ion. 24 So this -- once you have had an injury that has ,-l 25 been allowed to inflame for more than 48 hours, the soft 29 n ~ 1 tissue will start to adhere or scar. 2 Q So you saw her the first time already in the 3 subacute phase? 4 A Right, two days after. And what types of treatment then did you initiate 5 Q 6 during the subacute phase and what was Diana's progress as a 7 result of that treatment? B A The treatment was -- really couldn't do anything 9 real aggressive with her, just due to the amount of pain she 10 had. We tried to do some real mild, mild joint 11 manipulation. It wasn't tolerated as well as it could have 12 been, so we just didn't do much at all. We didn't do any 1""_" ~ 13 what you would consider aggressive chiropractic treatment. 14 We used some herbal remedies that are known for 15 different things. 16 We used one that is a potential 17 anti-inflammatory. Unlike the medical counterpart, it has 18 no side effect to the stomach or the kidney. And we also 19 used an herbal relaxer to -- which is a combination relaxer 20 and anti-depressant and -- to calm down, take the edge of 2l the pain off and to kind of get her out of the anxiety 22 reaction. 23 Q How did she respond to the treatment during the 24 course of time then, and I would like you to focus really \ J 25 we'll call it this phase between July 3, 1992 when you first -'" 30 A '.,. 1 saw her up until about April of 1993? 2 A Okay. She -- it was pretty slow and painful at 3 first. It was she had a lot of pain, a lot of problems. 4 She was -- she also has a lot of complications 5 with the previous scoliosis. It's a real drag. She 6 wouldn't heal as quickly as somebody that wouldn't have 7 that. 8 Q Why do you say that? 9 A The lateral deviation of the spine puts awkward 10 stresses at certain points, so these stress points or 11 previously weakened -- if you have a previously weakened o 12 area and you put it under a -- say X stress, it will suffer 13 more damage than somebody that doesn't have previously 14 weakened areas. 15 Q I think you mentioned too a previous motor 16 vehicle collision in which she was involved in 19B5. 17 A Right. IB Q What effect would that have on her rate of 19 recovery? 20 A I would also think that that would tend to slow 21 her down. The reason I say that, statistics and research 22 seem to indicate people that are involved in a motor vehicle 23 accident will have findings ten years later related to 24 that. .J 25 So that if it is true, this person even though () o 'J 1 she may not have had an acute or an ongoing symptomatic 2 picture from it, we have to believe there were degenerative 3 changes occurring in both the joint tissues and the muscles, 4 tissues. 5 Q You referred her to Dr. Matlin in July of 1992, 6 didn't you? 7 A Yes, I had. B Q Why did you do that? 9 A There were certain neurologic symptoms and also 10 the -- that mediated that, that I wasn't personally 11 comfortable with handling or following on my own, and also 12 the severe headaches. 13 When she first had her accident, she had a, you 14 know, I don't remember the exact words she said, but a lot 15 of pain that went into her head, a shot of pain into her 16 head. She was suffering some pretty severe headache. With 17 time I would be able to manage, but initially I couldn't 18 effect that and we were looking for some help with that. 19 Q Your understanding, those headaches came sometime 20 after the accident but before she saw you on July 3rd? 21 A Yes. 22 Q In that period of of time? 23 A Yes, when we talked earlier on the initial 24 complaints when she came, she had listed headaches. 25 Q Now, there is a reference in Dr. Matlin's records 31 32 ('"'\. i. 1 to the chiropractic treatments between July 3-19-92 and July 2 29, 1992. 3 And where this quote is attributed to Diana where 4 she says that the treatments of her neck makes her feel like 5 quote, I have been hit in the head with a fry pan, then I 6 get a nose bleed. 7 Would that be -- assuming we're not to take her B literally, but would that be consistent or inconsistent with 9 how you found her condition when you saw her during that 10 period of time? 11 A That's a fair -- you know, I don't know what it 12 is to be hit in the face with a fry pan and hope I don't ::J 13 learn, but she was had a lot of pain, she had a lot of 14 restriction, a lot of loss of motion in her neck. 15 Q How did she react to the hands-on treatment that 16 you did? 17 A The severe pain from the first visit immediately 18 began to slowly remiss, so we stopped it right away and 19 started bringing it the other direction rather than it 20 continued to get it worse. 21 Q But when you palpated her, how did she react in 22 the first few visits? 23 A She didn't like being touched. She had a lot of 24 inflammatory reaction, a lot of pain. J 25 Q How did that compare with how she was before the n -'f' 33 1 collision when you were treating her? 2 A She didn't have much inflammation before the 3 accident if any. So before the accident, as I said, it was 4 more of an annoyance, and any kind of a pain bothered her, 5 just tired of it. Then after the accident, I need help, I 6 have to do something now and a very pressing need, very, you 7 know, if you look at before the accident, before the B accident treatment, there would be weeks, you know, up to a 9 month without treatment. Then after the accident, it was 10 very very methodic for quite awhile. She was here very 11 regular. 12 o Q Which leads me to my next question. Between the 13 dates of August 12, 1992 and September 25, 1992, how many 14 times did you see Diana? 15 16 17 18 19 20 21 22 23 24 J 25 A I don't know. Q Would you mind looking back at your records? A What was the dates, sir? Q August 12, 1992 and September 25, 1992? September 5th? September 25th. A Q A Twelve times I think. Q Okay. A Is that right? Q I will take your word for it. Did you see her on August 12, 1992? n 't..,' 1 A 2 Q 34 Yes, I did. Now, it appears that you -- on August 12, there 3 was an initial report filed. 4 A 5 Q 6 summary? 7 A 8 I have an initial report on August 12, yes. Do you see on No. 6 where you say alternative Yes. Q What did you note there and what is -- what did 9 you note on that date? 10 A Alternate summary, patient suffered a grade three 11 excelleration-deceleration trauma injury to her neck, o 12 midback and lower back resulting from a motor vehicle 13 accident which occurred on 7-1-92. 14 15 16 17 18 19 20 21 22 23 Q Is that your opinion? A Yes, it was. Q Does that continue to be your opinion? A Yes, it is. Q Were you aware that Diana was seeing Dr. Beaudry? A Yes, I am. Q Did you refer to her Dr. Beaudry? A Yes, I did. Q Why did you do that? A She was having severe TMJ pain and locking where 24 her jaw actually wouldn't open past a point and I tried -- I ~ 25 handle TMJ cases frequently. I tried to handle this a 35 o 1 little bit on my own and I got nowhere with it. So after a 2 little bit of treatment without any positive results, I sent 3 her to another professional. 4 Q It would be fair, wouldn't it, that you didn't 5 note any jaw complaints during the month of July since your 6 note 7 A As far as I know, I don't have anything in here, B no. 9 Q Would that be unusual or usual for you? 10 MR. SCHWALM: I object to the form of the 11 question. 12 BY MR. SHOLLENBERGER: o 13 Q Why wouldn't there be any notations during that 14 month? 15 A Interesting thing with cases where people come in- 16 with one area that is in severe pain, often times they don't 17 start being aware of -- well, there is two reasons. I am 18 describing one first. 19 Often times they're not aware of the severity or 20 they're not aware of all of the other things that hurt 21 because one area is so painful. 22 It's kind of like if you had three radios on, two 23 were turned down real low and one was turned up real high, 24 you wouldn't hear the two turned down low, you would hear \ ~ 25 the one that was real loud. 0 1 2 3 4 5 6 7 ,'-"" V 16 17 18 19 20 21 22 23 24 , '--" 25 11 She was very aware of her neck and her headaches. As that area started to do better, she may have become aware of the jaw pain. The other is just simple, how the body works, the other possible reason. Our bodies are very -- they really try to take 8 care of themselves. When we have an infection, right away 9 your body throws the inflammatory reaction which includes 10 white blood cells and it is able to fight that off. Because II the white blood cells are -- they fight off non-self 12 entities. 13 The problem with something like a physical 14 injury, we don't really have a non-self entity, but we still 15 throw the inflammatory reaction in there. The tissue starts to change because of that, so possibly just took long enough for the -- took this long for the non-self TMJ injury cartilage, tissue, the muscles and such to become symptomatic enough that it was, you know, an important thing. MR. SCHWALM: Let me put an objection on the record to lack of foundation or qualifications with respect to this particular area that the doctor's testifying to. MR. SHOLLENBERGER: So your objection is he's not -- doesn't have the requisite experience to testify that 36 37 n .......~..~ 1 in his twelve years of experience in chiropractic some 2 people report symptoms a period of time after the fact, 3 that's your objection? 4 MR. SCHWALM: My objection to his qualifications 5 is with respect to the treatment of the TMJ. My foundation 6 goes to he's suggesting possibilities, and I don't think 7 that he's given any kind of opinion or foundation to give an 8 opinion when he's providing different alternatives with 9 respect to this particular patient. 10 BY MR. SHOLLENBERGER: 11 12 .,"""'. 'J 13 14 15 Q I will follow that up with a question then. Dr. Blake, why in your opinion don't -- I think my question was why in your opinion does not Diana Landis have -- strike that. Why do you not notate complaints of jaw pain say 16 in the first month following your initial treatment of Diana 17 Landis in July of 1992? If you confine your answer to your IB belief as to Diana and not generally. 19 A Okay. My belief about Diana Landis is that her 20 neck pain and her headache pain were so severe that that 21 pre-occupied her symptom recognition. 22 Another possible -- 23 Q Strike that. I want to know your opinion as it 24 relates .--./ 25 A It's real common, people who have like a car 3B CJl 1 wreck, they might break a leg and they might have a rib 2 bruise and a sprained wrist. When they get emergency 3 treatment probably all that's going to be taken care of is 4 the broken leg, so the most important thing is what is shown 5 and what is treated. 6 MR. SCHWALM: Again, let me make the same 7 objection. 8 BY MR. SHOLLENBERGER: 9 Q I think that you made certain recommendations for 10 Diana with regard to her work. What kind of work was she 11 doing at the time of the collision? 12 A She was a waitress. o 13 Q No, I think that you testified earlier you never 14 put her off work from April of 1989 until June 5, 1992, had 15 you? 16 A No. l7 Q And did you find it necessary to take her off 18 work following this collision? 19 A Yes, I did. And I believe from the records that you returned 20 Q 21 her to work part time at some point? 22 A Yes, we sent her back to like four hours a day. 23 Let me see if I can find the exact notation her. ~ 24 On September 1st we wrote a note stating that she 25 was permitted to go back to work three days a week and she 39 ([j ,; 1 couldn't lift over 20 pounds, and that it was an indefinite 2 period. And if her condition changed, they would be 3 notified. 4 Q Then you eventually returned her to work full 5 duty, did you? 6 A Yes. 7 Q When was that? B Did you write a letter on October 7, 1992, 9 doctor, regarding Diana's return to work? 10 A Yes. 11 Q What conclusions did you draw at tht time 12 regarding her return to work? o 13 A Just that she could return to full duty but still 14 adhere to the work restrictions as far as the 20 pounds. 15 Q All right. In that 16 A Please refer to the September 1, 1992 letter. 17 Q Now, along the way of treatment, are you asked or IB do you at times ask for or at times do you offer opinions as 19 to a person's prognosis? 20 A Both. We try to write timely reports, also we 21 have had requests by the third party carrier. 22 MR. SHOLLENBERGER: Off the record. 23 (Discussion held off the record.) \ , .-...J 24 THE WITNESS: We have been requested to fill out 25 forms. o r .....-----..-- ." ^ ~ 40 1 2 3 4 5 6 7 8 9 BY MR. SHOLLENBERGER: Q Doctor, I am referring a form that you filled out, it's not dated, but it says provider information summary sheet across the top. A Yes. Q Do you have that? A Yes. Q You were asked some questions in that record. First of all, you were asked about some x-rays. Do you see 10 that? 11 A Yes. 12 Q Were there some x-rays that you also took? 0 13 A Yes. 14 Q And what were your findings -- well, did you -J 15 16 17 18 19 20 21 22 23 24 25 review those x-rays? A Yes. Q And what did they show? A Reverse cervical curve for cervical spine x-rays. She had poor extension at C-5 and 6. Extension is bending your head backwards. The lower part of the spine didn't extend well. C-5, C-6, C-6, C-7 poor flexion at the top of the neck. Flexion is bringing your head forward to your chest. I have C-l,2,3 listed. Hyperflexion C-4,5 joint. Hyperflexion means there is actually a sliding of () . - 41 1 the bone on top of one below where it shouldn't slide, it 2 should be more like an accordian. 3 4 findings? 5 6 7 gave you? 8 Q Would you -- how would you characterize these A I would say they're very expected and Q Were they consistent with the history that she A Yes, consistent with the history and type of 9 injury that she had. 10 Q By the way, the injury that you diagnosed, is 11 that a compentent producing cause of pain? o 12 13 A I am sorry, I missed that. Q Are the injuries that you diagnosed a competent 14 producing cause of pain? 15 16 17 the neck? IB 19 20 21 22 the jaw? 23 24 u 25 question. A Yes. Q Are they a competent producing cause of pain in A Yes. Q In the midback? A Yes. Q Are they a competent producing cause of pain in A Yes. MR. SCHWALM: I object to the form of the 42 () h 1 BY MR. SHOLLENBERGER: 2 Q What type of jaw symptom would you expect from 3 the type of injury that you diagnosed? 4 MR. SCHWALM: Again, I am going to object to his 5 qualifications. 6 MR. SHOLLENBERGER: Jaw symptoms? 7 MR. SCHWALM: And foundation. 8 MR. SHOLLENBERGER: Jaw symptoms. 9 MR. SCHWALM: Well, your question was what kind of 10 symptoms -- the question related to what kind of symptom 11 would you expect, not what the findings -- what his findings """" 'oJ 12 were. 13 BY MR. SHOLLENBERGER: 14 Q Would jaw pain be a symptom that you would expect 15 secondary to the injuries that you diagnosed? 16 A Yes. 17 MR. SCHWALM: Again, I am going to object to the 18 form of the question. 19 BY MR. SHOLLENBERGER: 20 Q What symptoms in the jaw -- strike that. 21 I will strike it. I will stand with where we are 22 and I will worry about it later. 23 Doctor, moving forward. There was an accident 24 that was reported to you that Diana had at work, is that ,-.-J 25 right? r.....->>.."..'.'..'.,.;:..:.'..i:i<";"'1 n 'i..,.... 1 A Yes. 2 Q Did you take a history of that accident? 3 A Yes, I did. 4 Q What history were you given? She was at work on 4-30-93 and a 24-inch Sony 5 A 6 fell on her right shoulder. 7 She twisted and put her arm up to try to get out 8 of the way, it didn't land in her face, but it hit on the 9 shoulder and the arm. 10 Q Did you make a diagnosis of injuries that she 11 received in that incident? 12 A Yes, I did. Primarily I felt it was a right o 13 acromioclavicular sprain. That's a fancy word which means 14 where the collar bone and shoulder blade meet. It's a large 15 bulge in there and fancy ligaments and the rotator cuff is 16 in there. 17 I also diagnosed a strain right rotator cuff. 18 Q Can you differentiate for the jury the injury 19 that you diagnosed on this occasion with the injury that you 20 diagnosed from the motor vehicle collision of July 1, 1992? 21 A The current injury of the T.V. falling on her was 22 mostly a new injury to the shoulder proper and the muscles 23 that go into that joint, the AC joint, for short. .. 24 It may have irritated the trapezius and the ...J 25 Lavatar scapula which were initially injured in her car 43 44 n .....,; 1 accident, but that primary injury at this time was to the 2 shoulder itself. 3 The rotator tendon or rotator cuff, that is in 4 the -- people have when they're baseball players and the 5 pitchers get that problem. It's not a common -- that 6 wouldn't have been related at all to her car accident. 7 Q Now, when you treated her after April 30, 1993, B was any of that treatment related to the car accident? 9 A We continued to treat -- I say we treated both 10 conditions at that time. We continued to treat the findings 11 and the problems related to the motor vehicle accident, and o 12 we also treated -- began to treat the new injury of the 13 shoulder injury. 14 Q And did you continue to treat her throughout the 15 years 1993, on through into '94 and into '95 for the car 16 accident related injuries? 17 A Yes. 18 Q When was the last time that you saw Diana 19 relative to any injuries that she received in the motor 20 vehicle collision of July 1, 1992? 21 A I believe she still has ongoing problems. 22 Q No, when was the last time? 23 A I was getting that. It was filling in the 24 space. The last time I saw her was six, it looks like --./' 25 five, '95, and she had complaints of -- 45 () "' 1 MR. SHOLLENBERGER: Off the record. 2 (Discussion held off the record.) 3 BY MR. SHOLLENBERGER: 4 Q When was the last time that you saw Diana for any 5 injuries for the motor vehicle collision of July lst? 6 A The last time I treated her was 6-5-95. 7 Q Okay. Now, how would you describe her progress 8 as a result of your treatment from May of 1993 to June 5, 9 1995? 10 A Well, she has made a lot of gains with her 11 musculoskeletal injuries of the neck and midback and neck ~ U 12 muscles. 13 She has gone from complete disability and not 14 being able to do anything to full duty, full life. 15 She has reached a level where she has an ongoing 16 weakness that the symptoms vary in her neck. 17 Sometimes she has pain, sometimes she doesn't. IB The pain is rarely of a severe nature. It's usually more of 19 an aggravating, obnoxious, it's a bothersome, but doesn't 20 stop her activities. 21 Q Going back to your stages of injury then, is she 22 in the chronic phase of this injury as you described? 23 A She would be in the chronic or remodeling phase, 24 yes. \ J 25 Q Now, I have some questions regarding some of your (':) ..."... 1 opinions, doctor, and I think I am finished. 2 You were given a certain history of how this 22 Q Well, let me ask another question. 23 A Okay. 24 Q with regard to Diana Landis, based on her prior . ) "- 25 medical history, her condition as you found her as of July 4 5 6 7 8 9 10 11 12 0 13 14 15 46 3 collision came about, weren't you? A Yes. Q I think that you indicated it was a rear end collision? A Yes. Q Could you describe for the jury how a rear end collision of the type that you were advised would cause the injuries that you diagnosed? A Rear end -- in a rear end collision, the mechanism is such that the vehicle gets struck and the neck, the neck is not a very good supporter in this kind of an accident. The weight of the head is such that the head is 16 forced to move. And it goes past the normal range of 17 motion, and it causes soft tissue injury including the joint IB tissues. And then it recoils and moves back through the 19 other direction. They used to call these like whiplashes, 20 but that's such a hard term to tie down. I think everybody 21 has gone away from that. This person -- o o ~ 47 1 lst, 1992, did she have any predisposing factors -- 2 A Yes. 3 Q -- that would indicate to you that this mechanism 4 of injury might be worse for her than an average individual 5 that you would see and treat? 6 A She had several pre-existing weaknesses. She has 7 the mild to moderate thoracolumber scoliosis which puts a 8 abnormal pressure on or stress spots in her spine. 9 The muscles have to react and balance out to 10 that. She has a previous car -- rear end accident, so she 11 has to have had some weakness from that. 12 She also has the morphology, her morphology is a 13 weakness 14 Q What does morphology mean? 15 A I am using it to mean her body shape, her body 16 size. She's a small person. She has a small neck with 17 small muscles and it's -- the research seems to indicate 18 that people who have large muscles spasms in their neck, 19 they suffer less injury than people who have small less 20 muscle tone, muscles in their neck. 21 And the one other thing in her case, being that 22 she was sitting at a stop sign looking over her left 23 shoulder, she had her neck turned probably to full motion 24 which is, you know, seventy-five degrees or so. 25 So she was in a weak position there, or strength o o ,...) 4B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of her neck is more pure side to side or pure front to back. We have very little strength or support when we have it turned. Q There will be testimony in this case, I would like to ask you to assume further, doctor, that there may be testimony in this case that she did not know that she was going to be hit from the rear. A Okay. Q What would be the significance of that, if any? A If a person knows there is an impending crash, our body's reaction it's actually an in-borne reaction is to tighten up. And if we tighten up, then the muscles instantly go to maximum tone or close to maximum tone so that they will absorb shock a lot better than if she's sitting there in a neutrally mildly relaxed position. Q Doctor, I am going to ask you to assume that there will be some testimony in this case or evidence in this case that the damage to the vehicle itself was light and that in pictures of the vehicle the damage to the vehicle will not be readily apparent or obviously visible. Do you have an opinion as to whether in this case the force of the impact correlates with the extent of the injury? A I don't think it ever correlates to the amount of c:J 1 injury. And the reason for that is -- well, there is a lot 2 of things we could talk about, but there is too big words, 3 one is elastic injury versus plastic injury. 4 When cars get hit, they tend to crush and 5 crumple. That would be a plastic injury, or plastic 6 collision. So the amount of that happening means little. 7 If we look at an old car compared to a new car, 8 old cars are heavier, they're made heavier, they're 9 stronger, more supporting. Now a new car, new cars are 10 designed to crumple and absorb a lot of that injury. Old 11 cars weren't designed to do that. 12 Now, in as elastic injury such that if a tissue o 13 is taken past tis normal motion or length, then there is 14 soft tissue tearing. 15 In a case like this where the head is -- and the 16 neck is forced past its normal position, there has to be 17 soft tissue tearing. IB MR. SCHWALM: Let me object and move to strike Dr. 19 Blake's testimony concerning the design and engineering of 20 vehicles. 21 THE WITNESS: We could get the texts out. 22 MR. SCHWALM: No, it goes to the weight and the .J 23 judge will rule on it. 24 (Discussion held off the record.) 25 BY MR. SHOLLENBERGER: 49 o 9 10 11 12 0 13 14 15 16 17 IB 19 20 21 22 \ J 50 1 Now, doctor, I think that you havo talked about Q 2 some of the complicating factors. I think we have talked 3 about the force of the impact. 4 Just so the record is complete, the injuriell that 5 you have diagnosed, do you have an opinion all to the aaulle 6 of those injuries? 7 I believe that the injuries were sustained in the A B said accident with a reasonable certainty. Q That is the July 1st, 1992 accident? A Yes, it is. Q And what injury would that be, doctor? A She suffered neck injuries, and middle back injuries per.taining to that accident of 7-1-92 and symptomatically she suffered headaches, neck pain, midback pain and jaw pain. Q Doctor, you have rendered treatment since this collision. Has the treatment that you have rondered been reasonable and made necessary as a result of the motor vehicle collision of July 1, 1992? MR. SCHWALM: Let me object, because he has testified also about treatment that he has provided with respect to the accident that occurred in April of 1993 with 23 the television falling on the plaintiff. And to the extent 24 that he continued to treat her aftor that date -- 25 MR. SHOLLENBERGER I Why don't you wait till he 51 o 1 answers, maybe you will say that some of it is not related. 2 Thank you for that queue. 3 BY MR. SHOLLENBERGER: 4 Q You go ahead, doctor. 5 A Yes, all of the treatment that has been rendered 6 for the neck and mid back I believe has been directly related 7 to the car accident. 8 Q Has any of your treatment since July 1, 1992 been 9 related to causes other than the motor vehicle collision? 10 A Yes. 11 Q What treatment is that, doctor? 12 A The treatment for the right shoulder injury from 0 13 the T.V. falling on her. 14 Q All right. Would you describe for the jury the 15 types of treatment that you have rendered since this motor 16 vehicle collision for the motor vehicle collision related 17 injuries? IB A Okay. We have provided a variety of treatments. 19 We have used a lot of ice therapy which is very 20 anti-inflammatory. We have done specific manipulative which 21 is chiropractic treatment, spinal manipulation. 22 We have done muscle treatment, myofacial relation 23 or trigger point, which is a deep massage. And its purpose 24 is to break up the scar tissue in these injured muscles, \ ....;, 25 primarily the scalenus, the Lavatar scapula, the "_....~.._-"',....-,,..,..,.."."-.-., n \..,'" 1 sternocleidomastoid, suboccipital muscles, Borne of the 2 traps. 3 We have provided modalities such as ultrasound, 4 some electric muscle stirn, some moist, heat packs. 5 We have had the patient do range of motion 6 exercises, and some isometric exercises for strengthening. 7 We have used some herbal things for the swelling 8 and for the relaxing. 9 Q Do you feel she will that Diana Landis will 10 need any treatment in if future as a result of the injuries 11 that she received in the motor vehicle collision of July 1, o 12 1992? 13 A Yes, she will. It will be a variety of 14 treatment. Currently she's treated more on a supportive 15 nature for her neck injuries. 16 She's under a regular regimen of jaw treatment, 17 which will happen with her neck, she'll suffer exacerbations IB or injuries that are only occurred because of the injuries 19 that she had from the car accident. 20 And they'll -- they could be for no apparent 21 reason, maybe poor posture, laying on the couch wrong. 22 She'll suffer injury easier than somebody who hadn't 23 suffered this injury. " 24 And the treatment at that point will be rendered ~/ 25 for symptomatic relief only and I don't believe that she'll 52 53 o 1 ever recover to 100 percent of pre-injury. 2 So we won't treat her for continuing correction. 3 We'll just treat her for the neck and back injuries from 4 exacerbation or aggravation. 5 Q And the injuries that you diagnose, are they a 6 competent producing cause of pain? 7 A Yes. B Q The exacerbation that you would expect in the 9 future, will they be a competent producing cause of pain? 10 A Yes. 11 Q You have given us many opinions in your o 12 deposition today, doctor, have all of the opinions that you 13 have given to us been within a reasonable degree of 14 chiropractic certainty? 15 MR. SCHWALM: I object to the form of the 16 question. 17 THE WITNESS: Yes. 18 MR. SHOLLENBERGER: What is the nature of that 19 objection? 20 MR. SCHWALM: I want to know what specific 21 opinions he's given to a reasonable degree of chiropractic 22 certainty. 23 MR. SHOLLENBERGER: Hold it. Let's take a break. 24 (Brief recess.) ~ ; '-/ 25 BY MR. SHOLLENBERGER: o o J (..---.,...-, 1 Q Dr. Blake, you have rendered an opinion today 2 that the -- regarding the causal relationship of the 3 injuries suffered by Diana Landis in the motor vehicle 4 collision of July 1, 1992, have you not? 5 A Yes, I have. 6 Q Have you rendered that opinion within a 7 B 9 10 11 12 13 14 15 16 17 IB 19 20 21 22 23 24 25 reasonable degree of chiropractic certainty? A Yes, I have. Q You have rendered an opinion today regarding your diagnosis both from an injury that occurred July 1, 1992 and an injury that occurred April 30, 1993. Were those opinions render within a reasonable degree of chiropractic certainty? A Yes. Q You have rendered an opinion today regarding the mechanism of the injury and various factors including the scoliosis, the -- prior to the motor vehicle accident, Diana's morphology, which you -- by that, as I recall, her body shape, her body size, the fact she was looking over her left shoulder and did not see that the impact was about to occur as predisposition or making this injury worse for her. Was that opinion given within a reasonable degree of chiropractic certainty? A Yes. 54 ~ '~l" 1 55 Q Dr. Blake, you have given an opinion regarding 2 the force of the impact and its relationship to the nature 3 and extent of the injury. 4 Was that opinion offered within a reasonable 5 degree of chiropractic certainty? 6 7 A Yes. Q Doctor, you have given an opinion today regarding B the reasonableness and necessary of the medical treatment 9 that you have rendered for Diana Landis from July 1, 1992 10 through the present time when you last saw her June 5, 11 1995. o 12 Did you hold that opinion within a reasonable 13 degree of chiropractic certainty? 14 15 A Yes. Q You gave an opinion today regarding the future 16 treatment that Diana Landis will require and the fact that 17 she will have exacerbations in the future. 18 Do you hold those opinions within a reasonable 19 degree of chiropractic certainty? 20 21 A Yes, I do. Q You have made comments throughout including 22 comments regarding your physical findings? 23 24 o 25 A Yes. Q At the time that you examined her. A Yes. Q 3 4 5 6 7 8 9 10 11 12 0 13 o 56 1 Q The physical findings, were those given within a 2 reasonable degree of chiropractic certainty? A Yes. Q You made certain statements regarding your working diagnosis. Did you give that opinion within a reasonable doubt of chiropractic certainty? A Yes. Q You were asked questions regarding Diana Landis' prior medical history, the fact that you had been treating her for some time prior to this collision. Were the opinions that you gave as to the purpose and the nature of that treatment held within a reasonable degree of chiropractic certainty? 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q You gave an opinion today as to why you made a consult to Dr. Matlin back in July of 1992. Do you hold that opinion within a reasonable degree of chiropractic certainty? A Yes, I do. Q You rendered some opinions today about how sore and painful a condition or state Diana Landis was in in the first month following this collision while you were treating her. Do you hold that opinion within a reasonable 57 o ~'.'.;,.' 1 degree of chiropractic certainty? 2 A Yes, I do. 3 Q You indicated that you subscribe to certain 4 classifications of the injuries as -- from a doctor by the 5 name of Croft, is that right? 6 A Yes. 7 Q Were your diagnoses in terms of those Croft B criteria, were those given within a reasonable degree of 9 chiropractic certainty? 10 A Yes. 11 Q Doctor, you have -- finally, you have given an o 12 opinion, doctor, I think at least two or three times 13 throughout the deposition that the injuries that you have 14 diagnosed coming from this motor vehicle collision are the, 15 can be and were for Diana Landis the competent producing 16 cause of pain, is that correct? 17 A Yes, I have. IB Q Do you hold that opinion within a reasonable 19 degree of chiropractic certainty? 20 A Yes, I do. 21 MR. SHOLLENBERGER: Cross examine. 22 CROSS-EXAMINATION 23 BY MR. SCHWALM: 24 Q Dr. Blake, you indicated that you first saw Diana I , :J 25 Landis back in 1989, is that correct? o +.' 1 A 2 Q 3 saw her? 58 Yes, I did. What was her weight back in 19B9 when you first 4 MR. SHOLLENBERGER: Objection, foundation. 5 BY MR. SCHWALM: 6 Q Would you like to refer to your examination from 7 April 8, 19B9, doctor? 8 A 9 Q 10 first 11 12 o Sure. what was Diana Landis' weight indicated as of the A I have 105 pounds. Q And you indicated that at that time that you 13 first saw her that she was complaining of stiff neck, 14 backache, swollen joints, foot trouble, pain between the 15 shoulders, spinal curvature, headache, dizziness and 16 fatique, is that correct, doctor? 17 A Also deafness with right ear on and off. Dental 18 decay and enlarged glands. That's right. 19 Q And you treated her from April of 19B9 up to the 20 date when this accident occurred in July of 1992, is that 21 correct, doctor? 22 A Yes. She was an active patient. The last time 23 we had seen her was June 5th of 1992. 24 , J 25 Q Now, you treated her in April of 1992? A Yes, I had. 59 o 1 Q When she was coming in for the treatment in April 2 of 1992, just a few months prior to this accident, what were 3 her complaints that she was having during that period of 4 time? 5 A Let's see. April 3rd was low back, midback pain, 6 low back pain. April Bth was midback stiff. April 10th was 7 mid, low back stiff. April 15th was midback sore. April B 24, -- April 29th was midback sore. 9 Q So during the month of April she visited you five 10 times, is that correct? 11 A Yes. 12 Q And in May of 1992, two months prior to the o 13 accident, how many times did she visit you during that 14 month? 15 A Six times. 16 Q And what were her complaints during that month? 17 A May lst, low midback pain. May Bth, midback IB pain, stiff, left midback. May 13, midback stiff. May l5th 19 low, neck, slash midback ache. May 20th, midback stiff. 20 Q And on June 5, 1992 which was her last visit 21 before this automobile accident, you indicated that she 22 complained that her neck was sore up the right side? 23 MR. SHOLLENBERGER: Objection. That 24 mischaracterizes his testimony. , ~ 25 BY MR. SCHWALM: 60 o J 1 Q What do your notes say, doctor, as to what her 2 complaints were at that time? 3 A She had low neck, sore, up right side, headache, 4 it was related to having an abscess, had surgery the week 5 before. 6 Q Now, you had had taken cervical x-rays of her 7 spine during the course of treating her, of her cervical 8 spine during the course of treating her for her scoliosis, 9 isn't that correct, doctor? 10 A All the scoliosis related problems, yes, I did. 11 Q When was that that you did that, doctor? 12 A April l3th, 1990. 13 Q What was the purpose for taking the x-rays of her 14 cervical spine at that time, doctor? 15 A April 6th she presented with a very stiff neck, 16 of 1990. That would have been a follow-up on that. 17 Q Now, when Diana Landis came in to see you on July IB 3, 1992, after this accident, did you have her also fill out 19 a questionnaire at that time? 20 A Yes. 21 Q And in that questionnaire that was filled out, 22 did she make any complaints of pain in her jaw? 23 A No, she didn't. 24 Q And what was her weight that was recorded on that 25 date? o (") 't-,."" 1 2 A 110 pounds. That was two days after her motor vehicle Q 3 accident, is that correct? 4 5 A That's right. Now, as of that day, you had her restricted from Q 6 working, is that correct, doctor? 7 8 A Yes, I did. Q Then you allowed her to return to work three days 9 a week with a 20 pound lifting restriction as of September 10 1, 1992? 11 12 o A Sounds right. Q So within two months after the accident she was 13 back worKing again? 14 A Light duty, part time, restricted duty, whatever, 15 modified duty. 16 Q Okay. And on October 7th of 1992, you had her 17 again return to work five days a week or full-time? 18 A Yes. 19 Q Now, you said that you had examined the x-rays 20 from the Holy Spirit Hospital of her cervical spine that 21 were taken the day of her accident. 22 Did those x-rays indicate whether or not she had 23 sustained any fracture? 24 A To the best of my ability, no fracture was noted. , '-/ 25 Q And from your examination of her, you found no 61 62 0 1 nerve damage? 2 A From 3 nerve damage. o the examination date, there was no apparent 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Q Your findings were that they were purely muscular or ligamentous injuries? A Mechanical, ligamentous, muscular, synovial diskoid. Q Those are all soft tissue injuries, is that correct? A The mechanicals considered more of a joint injury. In joint injuries it is kind of a quasi-soft tissue. But the muscle, ligament, diskoid, those are all soft tissue injuries. Q Dr. Blake, you referred to the work injury that Diana Landis sustained in April 30, 1993 and you indicated that her injuries from that were mostly a new injury to her shoulder? A Yes. Q What treatment did you provide for her as a result of those -- that were different from the treatment that you provided previously? 22 A Okay. We provided -- initially we taped, 23 splinting of the AC joint, acromioclavicular joint. The 24 purpose of that it it's like a soft cast for the sprained ~ 25 ligaments. ~-"-- 63 o 1 We also did ultrasound treatment for the rotator 2 tendon and the sprained joint and in the shoulder. I did 3 mobilization treatment as compared to specific spinal 4 manipulation. 5 It's a joint manipulation, but it is of a 6 non-spinal joint, so we adjusted the glenohumeral joint, 7 immobilized the glenohumeral joint and we immobilized the 8 sternoclavicular joint which is where the collar bone hooks 9 to the sternum and acromioclavicular which is where the 10 collar bone hooks on to the shoulder blades or scapula. 11 I did trigger point release or deep tissue o 12 massage of the supraspinatus and infraspinatus muscles and 13 tendons which are a major portion of the rotator tendons, 14 rotator cuff. 15 Q How long did your treatment last for that injury, 16 doctor? 17 A I don't have the exact date. It was -- seems in IB the four to six months from day one to when she was 19 released. 20 Q Doctor, I would like to ask you some questions 21 about Diana Landis' attendance at appointments. 22 My review of your records indicates that she 23 cancelled her appointment on in January 4, 1993 and that she 24 didn't show up on January 11, 1993, and again on January 13 I -..../ 25 1993. Is that correct, doctor? 64 X' 1 A Yes, it is. She lives about 30 minutes from the 2 office and if you remember the winter, we had a lot of 3 snow. 4 Also she has -- she hesitates to drive here 5 alone. She is usually driven here by her boyfriend and he 6 works at I think UPS and he works night shift. Some days 7 he's just not up to bringing her here. B Q What about she didn't show up March 23, 1993, and 9 overslept on March 24, 1993. Does that reflect your records 10 accurately, doctor? 11 A Well, I don't -- I didn't review the exact dates, 12 but I would assume that's accurate. o 13 Q Did she have a habit of missing or cancelling 14 appointments during the time that you -- 15 A She missed or cancelled a fair amount of 16 appointments. 17 Q Again, if I refer you to June 9, June 28, August IB 20th, August 25, September l5th, September 20th, would they 19 also indicate that she either overslept or didn't show up 20 for her appointment? 21 A Yes, they do. 22 Q Did that continue on through the present time, 23 doctor? 24 A Yes. She has missed a fair amount of \ , , ~ 25 appointments. o o v r".9'..,,,,._...~'(:~,,,..,..,,.'_,,,,,.,~., 1 Q Let me ask you some questions about her recent 2 treatment with you, doctor. 3 A Okay. 4 Q The last time that you actually provided 5 treatment to her was June 5th of this year, is that correct? 6 A Yes, I believe that's correct. 7 Q And that was three months ago, or over three B months ago? 9 A Okay. 10 Q You saw her one time in June of this year? 11 A Well, I can stop your line of questioning. I had 12 earlier stated that we don't treat her on a corrective 13 nature now, we're doing more supportive treatment. So if 14 she would have an exacerbation, we treat it; otherwise, the 15 only ongoing treatment that I know of right now is for her 16 TMJ. l7 Q When did you begin treating her on a corrective IB basis, doctor? 19 A Pretty much in -- let's see if I can come up with 20 the date here. 21 She suffered a palsy in the leg one day for no 22 apparent reason. That was an acute situation, so at that 23 time I took her off of active treatment for the car accident 24 and we put her on a supportive care. 25 We had her treated by that -- for that by I 65 c o ~ 66 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 l7 19 19 20 21 22 23 24 25 believe Dr. Emily Matlin who had her on steroids and had her wearing a heel cup and eventually it has come back. (Discussion held off the record.) MR. SHOLLENBERGER: I will move to strike that answer. It is unresponsive to your question. BY MR. SCHWALM: Q Didn't you provide any care for that? A No, nothing I could do for that. I said this isn't your back, it's not a disk. Q I believe my last question was when. A I stated when she developed a case of the palsy, palsy in her leg. Q Well -- MR. SHOLLENBERGER: I will only move to strike the rest. MR. SCHWALM: I would concur in that. BY MR. SCHWALM: Q Since you put Diana Landis on corrective care? A Supportive. Q Supportive care, excuse me, your records would reflect, at least from my review that you have seen her probably about once a month, is that correct? A No, that isn't correct. Q Okay. A I didn't add them up, but I don't have any her on ~ o ~ 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IB 19 20 21 22 23 24 25 any program. Basically if it gets real bad, she's supposed to call, or something happens that makes it worse, she's supposed to call. Q Let me go back through them. In June of this year you saw her once, is that correct? A Yes, June 5th I believe. Q And in May, you saw her on May l2, and May 22nd, is that correct? A Yes, that is. Q And in April you saw her on one occasion? A Yes, that's right. Q In March you saw her two occasions, is that correct, doctor? A March 6th and March 10th. Q You saw her twice in February, is that correct? A Yes. February 15th and February 16th. Q How many times did you see her in January? A January 4th and January 20th. Q Would these visits all be non-scheduled appointments; in other words, she would come in if she had a problem? A She would call and make an appointment. We don't say I will see you in two weeks or I will see you in a month. There is no regimen to her treatment now. (;) ,,'i' 1 Q So up until the time that she had her palsy, you 2 saw her on a regular basis? 3 MR. SHOLLENBERGER: I will have to object there 4 because there is a reference in the record to supportive 5 care starting before that, but -- 6 THE WITNESS: What day is that? I would like to 7 see it. 8 BY MR. SCHWALM: 9 Q June 1, 1994. 10 A Okay. Okay. Since 6-1-94. Okay. 11 Q Just so it's clear for the record, Dr. Blake, you o 12 actually began her on supportive care as of June lst, 1994? 13 A That's what I wrote down, yes. 14 Q So the treatment that you would have provided to 15 her after that date would have been when she had a problem 16 and would call to come in for treatment? 17 A Yes, if she would come in with a problem that was 18 involved, I would have her come in for that, otherwise I 19 would treat her and send her on her way. Not -- I would 20 only reschedule her like right away if it was something that 21 was going to take a few visits to straighten it out. 22 There wasn't a standing appointment, standing 23 appointment length of treatment. 24 So after June 1, 1994, the care that you provided Q ~ 25 for her would be I think some people refer to it as needed? 6B n -t" 1 A 2 69 PRN, as needed. Q And do you have any restrictions on her work as 3 of the present time, doctor? 4 A 5 6 I don't believe I have any restrictions on her. Q Do you have any restrictions on her activities? A Not that I am aware of. 7 MR. SCHWALM: I have no further questions. 8 REDIRECT EXAMINATION 9 BY MR. SHOLLENBERGER: 10 11 Q Doctor, just to make this quick. Sometimes it's in records you put down why a 12 person misses an appointment, don't you? o 13 14 15 A I try to. Q Sometimes you don't? A If they call and tell us the reason, we write it 16 down, otherwise we just put a no show, reschedule. 17 18 19 Q Okay. A On the list whatever. Q And each time that you make a note that -- in 20 other words, each time that you have a chart note in the 21 file that does not say she didn't make an appointment, that 22 means that she did come in and you did some treatment? 23 24 ~ A Right. Q And you didn't count today how many appointments 25 she made as opposed to she missed? 0> 1 2 3 4 5 6 7 8 o ttiI ~, !. 70 A No, I didn't. Q You didn't -- you weren't asked and you didn't provide an opinion today as to whether she made 90 percent or 80 percent or whatever? A No, I didn't. Q You don't really know that, do you? A No, I don't. MR. SHOLLENBERGER: That's it. 9 10 p.m.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Whereupon, the deposition was concluded at 3:36 n 1 COUNTY OF DAUPHIN 2 : SS 3 COMMONWEALTH OF PENNSYLVANIA 4 I, Maria N. O'Donnell, a Notary Public, authorized to 5 administer oaths within and for the Commonwealth of 6 Pennsylvania, do hereby certify that the foregoing is the 7 testimony of ROBERT BLAKE, D.C. 8 I further certify that before the taking of said 9 deposition, the witness was duly sworn; that the questiuns 10 and answers were taken down stenographically by the said o 11 Reporter-Notary Public, and afterwards reduced to 12 typewriting under the direction of the said Reporter. 13 I further certify that the said deposition was taken 14 at the time and place specified in the caption sheet hereof. 15 I further certify that I am not a relative or employee 16 or attorney or counsel to any of the parties, or a relative 17 or employee of such attorney or counsel, or financially IB interested directly or indirectly in this action. 19 I further certify that the said deposition 20 constitutes a true record of the testimony given by the said 21 witness. 22 IN WITNESS WHEREOF, I have hereunto set my hand 23 this 12TH day of SEPTEMBER, 1995. :'\"'/l/' L . ') /t. _ _ ~ NOTARIAL SEAL ~ {(lll (./ ~ HARIA NATALE D'OONNElL. Not3ry Pu~1tc Mafia N. 0' Donnell RPR Ifdrrl~burg, DauPhin County .' HJ C:~IIII~.lon Expires Hay 13, 1996 Notary PublJ.c 24 ... 25 71 .' Diana Landis, Plaintiff In the Court of Common Pleas Cumberland County, Penna. v. No. 329 Civil 1994 Robert Sheaffer and Suburban Roofing, Defendants Civil Action - Law Jury Trial Demanded Praecine for Discontinuance To the Prothonotary: Please mark the above-captioned action ended, settled and discontinued with prejudice. Respectfully submitted, Law Offices of Timothy A. Shollenberger Attorn for Plaintiff Date: September 22 , 1995 LAW OFFlCES OF TIMOTllY A. SHOLLENBERGER IRl~ L1NGLESTOWN ROAIl . PO. BOX "'l4\ . HARRISRVRG, rA 1lI0f0.CI41 l7I71114-ll00 . FAX l7I71l14.SlIl .#0'. . . Certifioate of Servioe I, Timothy A. Shollenberger, do hereby certify that on the 22nd day of September, 1995, I served a copy of the within Praeoipe for Discontinuance by depositing same in the United States Mail, postage paid, at Harrisburg, Pennsylvania, addressed as follows: David Schwalm, Esq. Thomas, Thomas & Hafer P. O. Box 999 Harrisburg, PA 1710B-0999 Law Offices of Timothy A. Shollenberger Attorneys for Plaintiff / By, m Esq. o LAW OffiCES OF TIMOTIlV A, SHOLLENBERGER I~!" llSOlE..IojTl'N'N ROAIl . ro. nox tlC\4\ . lIARRISBlIRO. rA 171""-\1\4\ 17171 114-17('C . FAX \1171 114-8111 Ul III Q) o-i' Il<Ill l: l: l: o Q) ~Il< 'tl o .... ~ Q) U >.'" Ill'tl ...."'...:ll: .... l:o-i III O::S I El o o-i Q) .... U,~ l:C I-< > 0 ::s 'tl'~'~o-i Ol:U....1ll U III U'~ o-i",.o:1-< Q) I-<N Eo< '<::Q)Mo-i .....Q .~>. El . > I-< l: ::s O'~::S HUZUI-J .. . -u. U"> en - >. -~. .l".... :"':':' , c> N ,-'") , , "" .~ '" <n .... .... .~ .... l: ..~ Ullll .~ o-i 'tlll< l: III ...:l III l: III .~ C 'tl Ul l: ..... 111 0\ l: l:1ll I-<'~ 'tl Q).... l: ....OQ) ....0.... 1llP:Q) Q) C '<::l: 00 III .Q ....1-< I-< ::s Q).Q .Q::S 000 P: Q) I-<U o l: ....Ill ::s Q)l: o..~ .~ .... Ul: Q)O III U I-< Ul Il<'~ C ~ ffi ~ ~ ffi ~ ~ ~ Bgli~ 3 ~ ~. ~.( 2 ~ ~~ ! ~ . > , , '.