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Home My WebLink About94-00958 -0 .~~ ;1 rV , -::ri 0'. 0-1 -' ! I J Robert Mulderig. Esquire For the Plaintiff George F. Douglas. Jr.. Esquire For the Defendant Court Administrator J. VS CONNIE L. ZEIGLER. Defendant 111 lIoffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 94-0958 CIVIL TERM IN TRESPASS (M.V.1 ELISABETH M. LITTLE. Plainti ff IN-RE: PRETRIAL CONFERENrf A pretrial conference was held before the Honorable George E. Hoffer, Judge. on Wednesday. August 17, 1994. In this auto accident case. Robert Mulderig, Esquire. represents the plaintiff; and George F. Douglas. Jr., Esquire, represents the defendant. Plaintiff was stopped in a line of traffic on the Carlisle Pike at a traffic light when defendant's vehicle crashed'into the line of traffic from behind. Plaintiff's injuries are of the soft tissue variety and liability is OJ admitted. Plaintiff has two treating physicions, which may be presented by deposition or brought to court live. It is estimated the case con be tried in one day. Negotiations are continuing. and the parties are requested to keep the court informed ,f a settlement is reached. BY the Court. ""_.; Prothonotary : lilt f co ~... ..... ...:z: wC')o-, c:!zc;,..z. ~Ot.;l-t a... :cO> O.."''Z..... '~ ~..r>- -' ~..,J'" ":1"_0:% ~uJUJ% ~_ ._ UlW ;:::a:a.. ...=> 0"" a; - :c .... m ... N c:J :::> - ~ , ! " , r [ I I l' 'fJU .liNt HIN' K' NI QUUltD 10 ULI ... \HilrlfN NI'>l'O"l'>' ,') lur l'lCLO'HU ~llll1fi Till I NIY 1101 0".,1 rrw'" SfIlVlcr II! W{OI Oil A JUrH.....IIlI M.., hi I Pol II I'll () ..,~.1"'5T ,OU, DOUGLAUG O~ ... 1 gi' DO tHhrD'l' cutin THAT 'Ht 9 IHIN IS" TMur AND CORllrCT COPY THt ORIGIN"L F1UO IN THIS .\ ~~ :.Co flON. \/0.__.._ AUOR"U DOUG LAG, DOUGLAS I:. A'tOll"r:f~"f I,o.N 1'...."'...,."". ) II '> 00' It,' '" , CAn1l5Lt. PE:tltj~'{LVAfH^ "OIJ.O;:~1 ,,"Olf/HY EUSABETH M. LITILE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 958 CML 1994 JURy TRIAL DEMANDED v. CONNIE L. ZEIGLER DEFENDANT'S PRE-TRIAL MEMORANDUM l. A statement of the basic facts as to liability. At the time of the February 27, 1993, motor vehicle accident, the plaintiff was 27 to 28 weeks into her second pregnancy. She had a whiplash injury. She began to have contractions. She was taken to the Harrisburg Hospital, where they got the contractions under control. After her release, the contractions flared up again, and they had to be controlled in the Harrisburg Hospital. Her second child was born on April 12, 1993. The little girl is fine. The plaintiff was then examined on two occasions by Dr. Roy Bands, an orthopedic surgeon. An MRI was negative. He put her into physical therapy. She next wend under the care of Dr. Katherine Gallagher. She is now under the care of Dr. Ed Violago. 2. A statement of the basic facts of dama~e. They are set forth above. 3. Principal issues. The proper amount of the damages. 4. Legal issues. The proper amount of the damages. 5. Witnesses. The defendant. 6. Exhibits. None. . . 7. Settlement. No offers thus far. Respectfully submitted, DOUGLAS, DOUGLAS & DOUGLAS BY~~ Attorney for Defendant \' .....- . '~ "._.-~ '. , .. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION. LAW NO. 958 CML 1994 ELISABETH M. LITl'LE, Plaintiff CONNIE L. ZEIGLER, Defendant . : JURY TRIAL DEMANDED PLAINTIFF'S PRE-TRIAL MEMORANDUM Statement of Facta as to Liability: On February 27, 1993, Plaintiff was stopped for a red light In a turning lane on the Carlisle Pike, In Hampden Township. The Defendant's automobile struck the automobile behind the Plaintiff's vehicle, also stopped for the red light, which In turn, was propelled Into the rear of Plalntlfrs vehicle. Plaintiff I , 8UIl'ered a whiplash Iqjury. She went Into labor at the accident scene. .At that time, she was 27 weeks I pregnant. She was taken to Harrisburg Hospilll1 where the contractions were treated with TerbUta1lne,1 I I She was released. Nothing could be done for her whiplash Iqjury due to her pregnancy. She again went i i Into labor. She was admitted to Harrisburg Hospital on March 25, 1993 and remained there until discharged i on April 2, 1993. She was again treated with Terbuta1lne. On April 12, 1993, she gave birth to a girl, She has been examined and has received physical therapy for her back Iqjury. The beck Iqjury continues to flare up causing swelling In the lower right sacroiliac joint. She has been Informed by her I treating physicians that she will 8UIl'er from chronic back pain for the rest of her life. Plaintiff is married I to a sailor on active duty stationed at Military Entrance Proc:essIng Station In New Cumberland. Prior to her husband's assignment to New Cumberland, they were stationed In Newport News, Virginia where she worked as a sales clerk and an aerobics Instructor. Statement of Basic Facta as to DllItl8lres: They are set forth above. Principal Issues: The proper amount of damages. '. ~~..,,,,. ,0' , :- - .' LecmI Issues: The proper amount of damages. - . Wltnessetl: . Exhibits: None. Settlement: No oITers thus far. Re8pecUW1y Submitted, u'C}UsJ. q, ,qqL/ Date It:aW7)1$;~ 4/;oort~= E~uIrynw~~ 32 South Bedford Street Carlisle, PA 17013 (717) 245.9688 Attorney for P\alnUfl' I." - . '~ ~ '- "~::.r,-\-,-,- ,,,' :"'-e-':- -"',,' -\',:---'~ :_-,.:--,~>'---""- taw~.0fflce of Ron :ruro,C~17!f~ ,":~1~~~fiSJ1~iJ!~;~!!T~;r.. :.j '. ::C8Ills18:P,\17013:.":"",:' .::;", <~ - ~~.' ,', :;-{(?-\(71,?f~~~,:rs~: "' :,_-",::,:;;(:':}!';-~&~~i~h::-::~-. t~-1"r--- ~. " v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION. LAW ELISABETH M. LITl'LE, Plaintiff CONNIE L. ZEIGLER, DeCendant : NO. QS<6 CML 1994 : JURY TRIAL DEMANDED NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to deCend against the claIma set Corth in th Conowing pages, you must take action within twenty (201 days after this Complaint and Notice are served by entering a written sppeare.nce personally or by attorney and filing in writing with the Court yo deCenses or objections to the clslms set Corth against you. You are warned that if you CaiI to do 80 the . msy proceed without you end a judgment msy be entered against you by the Court without Curther notic Cor any money claimed in the Complaint or Cor any other claim or relieC requested by the Plaintiff. You 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OmCE SET FORTH BELO TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse Fourth Floor Carlisle, PA 17013 (7171 240.6200 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW No.9 S8 CML 1994 JURY TRIAL DEMANDED ELISABETH M. LITTLE, Plaintiff CONNIE L. ZEIGLER, Defendant COMPLAINT 1. The Plaintiff, Elisabeth M. Llttle,ls an adult individual currently residing at 917-B Rlcket Road, Mechanlcaburg, Cumberland County, Pennsylvania. 2. The Defendant, Connie L. Zeigler, Is an adult individual currently residing at gOO Wakefiel Avenue, Mechanlcaburg, Cumberland County, Pennsylvania. S. On February 27, 1995, Plaintiff was the operator ofa 1987 Plymouth Horizon with Mi license number DGN-256. 4. On February 27, 1995, Defendant was the operator of a 1990 Oldsmobile Cutlass wit Pennsylvania license number PES.934. 5. At approximately 2:08 PM on February 27, 1995, Plaintiff was travelling on Route 11, ala known as the Carlisle Pike, in Hampden Township, Cumberland County, Pennsylvania, when she approach a red traffic light at the intersection of Route 11 and Van Patton Drive. 6. On February 27, 1995, Plaintiff was SO weeks pregnant. 7. At approximately 2:08 PM on February 27, 1995, Defendant was travelling on Route 11, ala known as the Carlisle Pike, in Hampden Township, Cumberland County, Pennsylvania, one car behin Plaintiff. 8, Upon approaching the intersection, Plaintiff stopped for the red traffic light. 9. Upon approaching the intersection, Defendant failed to yield to the red traffic light and hi the rear of a 1987 Plymouth Duster operated by Mr. John C. Walker, which was stopped behind Plaint' at the red traffic light. 10. Due to the impact, the Duster was subsequently propelled into the rear of PlaintifT's car. .' " 11. Plaintiff was transported from the IICCldent scene by ambulance to Harrisburg Hospital, du to contraction complaints. Plaintiff was di8charged on the same day after treatment. 12. On March 25, 1993, Plaintiff was admitted to Harmburg Hospital with complaints 0 contractions. Plaintiff was discharged on April 2, 1993, with instructions ofbedrest and Terbutaline therapy 13. On April 12, 1993, Plaintiff went Into active labor at 37 weeks gestation. 14. Due to her premature labor condition, Plaintiff was unable to participate In any type 0 physical therapy or medication to eIIevlate her lumbar pain. 15. Approximately two months after the accident on February 27, 1993, and following the blrt of her daughter, Plaintiff began physical therapy treatments for her lumbar pain. 16. Defendant was negligent and reckless In the operation of her vehicle as follows: A. fellure to drive vehicle at a safe speed; B. fellure to properly l188U1'e a clear distance ahead while operating her vehicle; C. failure to keep alert and maintain a proper lookout for other traffic; D. failure to maintain proper control and operation of her vehicle; E. failure to obey a traffic control signal In violation of 75 Pa.C.S.A. 13112(a)(31; an F. behaving In a negligent and reckless manner under the existing circumstances. 17. As a result of the accident, caused solely by the negligence and carelessness of Defendant Plaintiff has sustained personalll'\iurles which Include, but are not limited to, premature Iabor,ll'\iW'Y to th right sacroUlac joint, bruises, contusions, and hematomas. 18. As a result of the accident, Plaintiff was physlce11y Impaired and remains impaired as of th date of this Complaint which prevents her from performing ell or substantle11y ell of the material acts 0 duties which constitute her usual and customary daI1y activities, usual and customary employment activities, 19. As a result of the accident, Plaintiffhas Incurred reasonable and necessary medical expense in excess of $11,000.00 to correct the personalll'\iuries referred to above. 20. As a result of the accident caused solely by Defendant's negligence and careless operatlo of her vehicle, Plaintiff has sustained or may sustain the following damages: A. Past and future loss of life's erlioyments; B. Past and future pain and suffering; C. Past and future mental anxiety, embarrassment, and huml1latlonj D. Past and future Incidental costs; E. Past and future 1088 of earnings; and F. Future loss of earning capsclty. 21. PlaintlfT avers that her damages exceed the applicable limits of arbitration and a jury t ' Is hereby demanded. WHEREFORE, PlaintlfT respectfully requests your Honorable Court to rmd that the Defendant held solely liable to the Plaintiff In an amount In exce88 of $25,000.00. Respectfully Submitted, THE LAW OFFICES OF RON TURO d;;g-);y Date ( ;;:;/vJhtJf#~ Robert J. M.u)derlg, Esquire 82 South BMrord Street Carlisle, PA 17018 (717) 245.9688 Attorney for Plaintiff VERIFICATION I verify that the statementa made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statementa herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. ~ (i'hr. ,nn} ,.:)5 /99'1 Date I , I f&J.<~JII'Jh jf ;/afPQJ Ellsabeth M. Little SHERIFF'S RE1URN CXM1ONWEAL'Ilf OF PENNSYLVANIA. COlMI'Y OF CLMBERLAND Elisabeth M. Little In the Court of Common Pleas of Cumberland County, Pennnsylvania No. 958 Civil 1994 Complaint in Civil Action Law and Notice VS Connie L. Zeigler David Rudy }ClS't;~LCm or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly swam according to law, says, that he served the within Complaint in Civil Action Law and Notice upon Connie L. Zeigler o'clock 9:00 , the defendant, at A .M. EST / ~lr, on the 14th March 1994at , - day of 909 Wakefield Avenue, Mechanicsburg . Cumberland County, Pennsylvania, by handing to Lee Zeigler husband a true and attested copy of the Complaint in Civil Action Law and Notice , and at the same tllne directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs, Docketing Service Affidavit Surcharge 14.00 5.60 So answers: /-' v;,:<t ~~......,.....~~~/.Z,,::..;; R. Thomas Kline. Sheriff by //J :::= 2.00 $ 21.60 pd. by Atty 3-15-94 Swam and subscribed to before 1m this /6 "!- day of ~J.../ 19 <j 'f A.D. ~f'-'- C. ~ .~, Prothonotary . \S 958 CIVIL 1 9 94 DOUGLAS, DOUGLAS " DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717.243.1790 x OEOROE F. DOUOLAS. JR.. ESQ. Supreme Coun I,D.' 06270 WILUAM P. DOUOLAS, ESQ, Supreme Coun I.D.' 37926 OEOROE F. DOUOLAS. m. ESQ. Supreme Coun I.D.' 61886 ELISABETH M. LITTLE, IN THE COURT OF COWMON Pl..EASOF CUMBERLAND COUNTY PENNSYLVANIA PLAINTIFF CONNIE L. ZEIGLER, CIVIL ACTION LAW DEfENDANT To: Lawrence E. Welker, Prothonotary fRAEmE Please enter an appearance for the defendant. - :it Date: March 24, 1994 DOli! by Attorney for the l"-....~--... L__o_ ~ or ::c: 0.- CD \I> ("oJ ~:: "'0:... .-::>>-. We." 0 Z, u:r.c.;I..1. ;:00-" \&.~=~ ot,-,tLh !~";:~:;r. "1 \1.. UJ= .~l~!~~ X:t:- ~~. :J ....., o ~ !5 :s:: -:r- en - >-,.. ..x:,. -.c_ "'.-.1 hl() ,l o. C,):r "-.' or '~l1~ ," :c .."" <::> '" ~ '.~ a: "- ""% .... ..- 'OU "Mt Ht It, KI M' OUIR[D '0 FlU A YoNUIIN RI<'I'Ot.t.., ,r) IHf IHCLO'SlP """ tII'" 'Wi "'. (410' n"Ys I ADM S,AVICI III 6H 0' OR A JUOI....t1U "'''' .r ("'Hl1lb ac,.,,,,Sl YOU. ., DOUGLAS. DOUGLAS & DOUGLAS . AnonN("~ AT lAW I'" '''ON ~Ut(C' .. 080_ ,.. "UOI4H(f CARl.I~U:. PCNtlS'tl.V^"IA 1101,)'010' W[ DO H[Nn" CUTlF'f THA' 'HI WITHIN IS" rw~ AND CpUICTCO'" 0' THI: ORIGINAl FlLto IN THIS ACTlCN. ., AnORHU , , .r:t-l":,~ _~;- ..:" 4 . GEORGE F. DOUGLAS, JR. ATIY.I.D.#06270 DOUGLAS, DOUGLAS & DOUGLAS 27 WEST HIGH STREET P.O. BOX 261 CARUSLE, P A. 17013 717-243-1790 ATIORNEY FOR DEFENDANT EUSABETH M. UTILE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 958 CML 1994 JURY TRIAL DEMANDED V. CONNIE L. ZmGLER ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Denied. After reasonable investigation, the defendant is without knowledge as to what suspected injury caused the plaintiff to be transported by ambulance to the Harrisburg Hospital. . , 12. Denied. After reasonable Investigation, the defendant Is without knowledge as to the reason why the plaintiff was admitted to the Harrisburg Hospital. 13. Denied. After reasonable Investigation, the defendant is without knowledge as to whether the plaintiff went into active labor during her 37th week. The defendant Is also without knowledge as to when the plaintiff's child as born. 14. Denied. After reasonable Investigation, the defendant Is without knowledge as to what restrictions were put on the plaintiff's activity due to her pregnancy. l5. Denied. After reasonable Investigation, the defendant Is without knowledge as to when the plaintiff began her physical therapy, and Is unaware as to how extensive that therapy was. 16. Denied. denied. Negligence Is admitted. Recklessness is specifically 17. Denied. The answer to paragraph 16 is incorporated herein by reference thereto. After reasonable investigation, the defendant Is without knowledge as to the extent of the plaintiff's injuries. 18. Denied. After reasonable investigation, the defendant is without knowledge as to what impairments the plaintiff has suffered as a result of this accident. 19. Denied. After reasonable investigation, the defendant is without knowledge as to the extent of the plaintiff's medical bills. 20. Denied. After reasonable investigation, the defendant is without knowledge as to the extent of the plaintiff's injuries. 21. Denied. WHEREFORE, the defendant requests that the award to the plaintiff be in a reasonable amount. DOUGLAS, DOUGLAS & DOUGLAS By )~ ~~ Attorney for Defendan ,---' "~~;~--".'--' ~ - . '. COMMONWEALTH OF PENNSYLVANIA ) : 55. COUNTY OF CUMBERLAND ) Connie L. Zeigler, being duly sworn according to law, deposes and says that the averments in the within Answer are true and correct, to the best of signer's knowledge, information, and belief. Sworn and subsaibed to before me this 6-?:A day of tffOkJ.. . 1994. Y:?::;" Yh '~J;r- NOIARIAl SEAL JANET M. LAY NOIARY PUBLIC CARLISLE BORO, CUMBERLANO COUNTY MY COMMISSION UPIRES JUNE 26. 1995 PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted In dupllcatel TO THE PROTHONOTARY OF CUMBERLAND COUNTY (Check onel Please list the following case: ~ for JURY trial at the next term of civil court. for trial without a jury. . ......nn_....................................................n.........................................................n................................................ CAPTION OF CASE (entire caption must be stated In lulll (check one) Assumpsit "'.' Elisabeth M. Little Trespass (xxI Trespass (Motor Vehlclel (Plaintiff) (otherl vs. The trial list will be called on August 9,1994 Connie L. Zeigler ",,",ox Trials commence on Sept. 6 1994 --' ~ en - :;:-~ (Defendantl Pretrials will be held on August 17, 1994 (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,) O'YS. , . , . - N :--.J '" ..... = -, N 958 o. _ Civil 1'J9~ __ Indicate the allorney who will try case for the party who flies this praecipe: George F. Douglas, Jr., Esquire, Attorney for Defendant Indicate trial counsellor other parties If known: Robert J. Mulderig, Esquire, Attorney for Plaintiff -.---..---...--. - .__..__. This case Is ready for trial. Signed: ..__._._-~_._--_.._--_.. ~~L~d. Print Name: George F. Douglas, Jr. Date: July 11, 1994 Atlorney for: Defendant ....-...--- - -... .-.-. --_._-------- 1'-."...---- ELISABETH M. LITl'LE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . . : CIVIL ACTION. LAW CONNIE L. ZEIGLER, Defendant . : NO. 958 CIVIL 1994 : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please mark the above captioned action settled and dI.scontlnued. Respectfully Submitted, THE LAW OFFIC,'ES OF RON TURO rP~/)r; Da derig, Esquire 82 South ord Street Carlisle, PA 17018 (717) 245-9688 Attorney for Plaintiff ''''i~' , ~ en - :or: -..: m N en ~... ..>- wt;~--a ~"A:C<r. .....Ou< '.&.."Co> C"'_T...l ':'~~ .. '.. c;.;. r: :.oJj.lj".l T <.;.1Y. j. :!.l.L. ~:::> 0<'> C""'> <.:I => -