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Home My WebLink About94-02119 I , { ~: J .r.: ftl ~+l:l ',iT. " ~i ..,_.,..-'.;,.;0,;..... FOX, ROmSCHILD, O'BRIEN & FRANKEL, LLP BY: mOMAS 0, PARADISE. ESQUIRE; SAMUEL E, COHEN. ESQUIRE IDENTIFICATION NO. 52855;78996 AlTORNEYS FOR PLAINTIFF 2000 MARKET STREET. TENTII FLOOR PHILADELPHIA. PA 19103-3291 (215) 299.2000 KRISTINA HOOK, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs, CIVIL ACTION - LAW PATHMARK STORES,INC, Defendant. NO, 94-2119 PLAINTIFF'S PROPOSED JURY INTERROGATORIES Plaintiff, Kristina Hook, by and through her counsel, Fox, Rothschild, O'Brien & Frankel, LLP, hereby submits the following proposed jury interrogatories, }, Was the defendant, Path mark Stores, Inc. negligent? YES _ If yes, go to interrogatory number 2. NO If you find that defendant Pathmark Stores, Inc" was not negligent, end your discussion and return to the courtroom, 2, Was defendant Pathmark Stores, Inc, 's negligence a substantial factor in causing the injuries to plaintiff Kristina Hook? YES If yes, go to interrogatory number 3, NO If you have found that defendant Pathmark Stores, Inc, 's negligence was not a substantial factor in causing the injuries to plaintiff Kristina Hook, end your discussions and return to the courtroom, 3, What amount of damages will adequately compensate Kristina Hook for past medical expenses, future medical expenses, non-economic damages such as pain and suffering. disability, impairment, loss of enjoyment of life, inconvenience and disfigurement? $ 1'11I 8090 Iv I II ~JS199 PHI 8090tvl II~SI99 Respectfully submitted, ~ <t- ~. ...----:;; / ------- ./ THOMAS D, PARADISE, ESQUIRE SAMUEL E, COHEN, ESQUIRE FOX, ROTHSCHILD, O'BRIEN &FRANKEL, LLP 2000 Market Street, 10Ul Floor Philadelphia, PA 19103-3291 (215) 299-2000 Attorneys for Plaintiff > t:i?""",~-~"""~":"-'-..-'';/.''''''''''"-,,",.'~ ~ OCT 15 199~ FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP BY: THOMAS D, PARADISE, ESQUIRE; SAMUEL E. COHEN. ESQUIRE IDENTIFICATION NO. 52855; 78996 2000 MARKET STREET, TENTH FLOOR PHILADELPHIA, PA 19103-3291 (215) 299-2000 KRISTINA HOOK, Plaintiff ATTORNEYS FOR PLAU{nFF COURT OF COMMON PLEAS CUMBERLAND COUNTY v CIVIL ACTION - LAW P A THMARK STORES, INC., Defendant NO: 94-2119 PLAINTIFF. KRISTINA HOOK'S PRETRIAL MEMORANDUM I, STATEMENT OF FACTS AS TO LIABILITY: Plaintiff, Kristina Hook, (hereinafter "Plaintiff') born June IS, 1945 and now 54 years of age, sustained serious personal injuries in an accident which occurred on October 7,1992, at the Defendant Pathmark's (hereinafter "Defendant") store located in the Camp Hill Mall, Camp HiII, Pennsylvania. At the time ofthe accident, Plaintiff was grocery shopping as a business invitee on the Defendant's premises, The injury occurred at approximately 5 o'clock in the evening, Defendant's employee had carelessly stacked a pallet with merchandise at least five feet high and negligently placed it in the aisle where plaintiff was doing her grocery shopping. As Plaintiff was standing with her back to the pallet looking at the merchandise on a shelf, a large box fell off the pallet and struck her on the shoulder, bounced off onto the small of her back and continued to roll down and strike her legs. II. STATEMENT OF FACTS AS TO DAMAGES: 1. Physical Iniuries. As a result of the box striking her, plaintiff suffered a serious and painful injury to her neck and cervical spine, and an exacerbation of a previously asymptomatic lower back injury. After the accident, plaintiff sought medical attention and received extensive conservative treatment. Her initial treatment included, physical therapy, multiple corticosteroid injections into the lumbar and cervical regions, a work hardening program, multiple anti-inflammatory medications and narcotic pain medications. Dr. Edward Violago, whose diagnosis was cervical t!:c!'Ilcic lumbar musculoligamentous sprain, placed Plaintiff on medication and physical therapy, which failed to reduce her extreme pain. Dr. Violago attempted to provide relief through injections to the area with 40 mg. ofDepo-Medrol and 2% Xylocaine. The injections gave Plaintiff relief for only a short period of time. Dr. Violago suspected that there was a herniated disc at the L4-LS level and recommended the Plaintiff be hospitalized. Plaintiff was then hospitalized on December 14, 1992 at Polyclinic Medical Center where she underwent a CAT scan that revealed a left-side defect at L4-LS. A myelogram was also perfonned which indicated a bulging disc at the L3-L4 and L4-LS levels. At this point, Dr. Dahmus, an orthopedist recommended an epidural steroid injection. The injection diminished Plaintiff's pain to the point where she was able to begin a work hardening program. Plaintiff received additional injections on December 3D, 1992 and again on January 14, 1993. However, the relief from pain was short lived. Plaintiff's pain was unrelenting and she sought a second opinion from Dr. Bernard Zeliger. Dr. Zeliger also diagnosed Plaintiff as suffering from a herniated disc. Over the next year Plaintiff continued to suffer with pain and on March 15, 1994 Plaintiff had an MRI which concluded moderate C6-7 herniation and small C4-S hernation. 2 ro:....>'-.,,..,...,'-~<'..-i,...,.'~ On April 27, 1994, PlaintiO"soughtthe medical opinion of Dr. Maurice Romy. Plaintiff remained under Dr. Romy's care throughout 1995, during which time she undeIWent cervical steroid blocks. On November 21,1995 a second MRI was perfonned and it was confinned that plaintiO"had also sustained herniated nucleus pulposus at C6-7, C4-S and at C3-4. PlaintiO" then sought the care of Evan O'Brien, M.D., a Board Certified orthopedic surgeon who recommended cervical surgical decompression. She was referred to Donald L. Myers, M.D, a neurosurgeon and Steven Mandel, M.D., both of whom found evidence of cervical radieulopathy with significant acute and chronic changes in the C7 area, through diagnostic exams including an EMG. All four physicians (Drs. Romy, O'Brien, Myers and Mandel) recommended cervical spinal surgery. On May 31, 1996 PlaintiO"was admitted to Graduate Hospital where Drs. Myers and O'Brien perfonned a posterior cervical exploration and bilateral foraminotomies at C4-5 and C6-7. The operative notes reflect that "the most significant findings were at the C5-6 level where the disc herniation was more significant." Dr. Romy's most recent report, dated August 12, 1999, states that Plaintiff has suffered post- traumatic unresolved bilateral cervicobrachialgia, left greater than right with herniated nucleus pulposus at C3-4, C4-5, C5-6 and C6-7 levels. Dr. O'Brien's October 7, 1999 report states that Plaintiff"will continue to have some chronic neck and low back pain. She will most likely continue to require pain medication and occasional conticosteroid injections to control chronic pain. Future surgery may be required ifher symptoms progress. 2. Medical Expenses As a result of her injuries, PlaintiO"has undergone substantial medical treatment and incurred significant medical expenses. A list of medical treatment and the expenses incurred to date are as follows: 3 "....~.,......"""~- ,..~.~.,"",.- PHYSICIANIINSTITUTION DATES TREATED CHARGES Penn Rehabilitation Associates 10/7/92-3/12/93 1,570.00 Polyclinic Medical Ctr. 10/9/92-1/14/93 6,610.26 Tristan Associates 11/9/92.12/1 5/92 1,213.00 Capital Area Pain Management! 12/15/92.1/14/93 1,518.00 CAPMC Susquehanna Orthopedic Associates 2/11/93-5/12/94 220.00 LTD.I Bernard I. Zeliger, 0.0 Holy Spirit Hospital 4/14/93-4/6/94 2,851.38 Pennsylvania Orthopedics. P.C. 12/15/93-4/20/94 939.00 Magnetic Imaging Center/ 3/1 5/94 875.00 Central PA MRI Center Maurice Romy, M.D.I The Spine 4/27/94-8/12/99 41,723.00 Center Lehigh Anesthesia Assoc., P.C. 6/2/94-11/21/95 14,775.00 Center for Ambulatory Anesthesia 6/20/94-11/21/95 3,996.25 Independence Neurological 4/25/96-5/31/96 15,275.00 Consultants! Dr. Donald Meyers B.C.R.S.G. Anesthesia Associates, Inc. 5/31/96 2,380.00 Graduate Hospital 5/28/96-6/3/96 33,615.40 Berger - x-ray 5/28/96 60.00 Cynn - x-ray 5/31/96 84.00 Evan D. O'Brien, M.D. 12/4/95-11/27/96 4,590.00 Steven Mandel, M.D. 5/7/96 1.880.00 Total 134.174,89 PlaintitTreserves the right to supplement or amend the amount she has claimed in medical expenses. 4 "".", -- tP!t',lt~~,~<{^,'!f\#:i~, 3. Loss ofEaminws At the time of the accident, PlaintilTwas an Assistant Chief Dispatcher for Conrail. As a result ofthe injuries sustained, PlaintilTwas unable to work from October 8,1992 to April IS, 1993, from December IS, 1993 to July 27,1994, and from November 2, 1995 to February 19, 1997. As a result of the time PlaintilTwas unable to work, she has sustained a substantial wage loss in excess ofSSO,OOO.OO. III. STATEMENT AS TO THE PRINCIPAL ISSUES OF LIABILITY AND DAMAGES PlaintilT was a business invitee and was owed the highest duty of care. It was the responsibility of Defendant to assure the safety of its customers and its employees should not have had a pallet of merchandise negligently stacked so high and in an unstable fashion as to be able to fall upon an unsuspecting customer's shoulders. The time of the incident coincided with the time of day it is expected a high volume of working shoppers would be in the store. During those times, the store is heavily congested with shoppers. Defendant had a duty to its customers to insure their safety while shopping in their store. If the pallet had not been negligently stacked with merchandise or more carefully handled while in the area where shoppers normally traverse during normal shopping hours, plaintilTwould not have sulTered the serious bodily injuries she sustained. Defendant's negligence in allowing a pallet negligently stacked so high to be placed in the area used by its customers and in negligently supervising and handling the boxes on the pallet was the direct and proximate cause of the accident, which resulted in Plaintirrs injuries and damages, IV. WITNESSES 1. Kristina Hook 200 Market Street New Cumberland, PAl 7070 PlaintilT S _"'~"""""P' 2. Theodore Leslie, Jr. 200 Market Street New Cumberland, PA 17070 3. Maurice Romy, M.D. Center for Spine and Pain Management 1911 Arch Street Philadelphia, PA 19103 Expert 4, Evan D. O'Brien, M.D. 608 N. Broad Street, Suite 201 Woodbury, NJ 08096 Expert S. Fonner Pathmark Employees: Bob Smith John Broscious 6. Custodian of Records for: - Graduate Hospital Dr. Donald Meyers Holy Spirit Hospital Penn Rehabilitation Services Polyclinic Medical Center Tristan Associates CAPMC Dr. Zeliger Pennsylvania Orthopedics, P.C. Central P A MRl Center Lehigh Anesxthesia Assoc., P.C. Center for Ambulatory Anesthesia BC RSG Anesthesia Bergen X-ray Cynn X-ray] Steven Mandel, M.D. Plaintiff reserves the right to call any witnesses identified in Defendant's pre-trial memorandum. VI. EXHIBITS I. Handwritten incident report of John Brocious, Defendant's Employee. 2. Handwritten incident report of Bob Smith, Defendant's Employee. 3. Incident Investigation Report dated 10/8/92 signed by Carl M. Berlin, Defendant's 6 Employee. 4. Medical Records and Bills: PHVSICIANIINSTITUTION DATES TREATED Holy Spirit Hospital 4/14/93 - 4/7/94 Polyclinic Medical CTR 10/9/92 -1114/93 PeMsylvania Orthopedics, P.C. 12/15/93-4/20/94 Tristan Associates 11/9/92 - 2/15/92 PeMsylvania MRI Associates 11/9/92 Lehigh Anesthesia Assoc., P.C. 6/2/94 - 11/21/95 Central P A MRI Center 3/15/94 PeMa Rehabilitation Assoc. 10/8/92 - 5/20/94 Maurice Romy, M.D.rrhe Spine Center 6/2/94 - 8/12/99 Capital Area Pain ManagementlCAPMC 12/15/92-1/14/92 Center for Ambulatory Anesthesia 6/2/94 - 11/21/95 B.C.R.S.G Anesthesia Associates Inc. 5/31/96 Independence Neurological Consultants! Dr. Donald Myers 4/29/96 - 10/28/96 7 Berger - x-ray S/28/96 - . ' Susquehanna Orthopedic Associates, L TD.! Bernard I. Zeliger, D.O. 2/11/93 - 6/IS/93 Graduate Hospital S/28/96 - 6/3/96 Evan D. O'Brien, M.D S/31/96 12/4/95-11/27/96 Cynn - x-ray Steven Mandel, M,D. S/7/96 S. Expert Reports of Dr. Maurice Romy, M.D.. 6. Expert Reports of Dr. Evan D. O'Brien, M.D. 7. Conrail Wage and Employment Records Regarding Kristina Hook Plaintiff reserves the right to use exhibits identified by Defendant in its pre-trial memorandum. VII. SEITUMENT NEGOTIATIONS Plaintiff's current demand is $2S0,OOO.00. No offer has been tendered by Defendant. Respectfully submitted: ~~~ -=ftiOMAS D. PARADISE SAMUEL E. COHEN FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP 2000 Market Street, 10'h Floor Philadelphia, PA 19103 (21 S) 299-2000 8 . . CERTIFICATE OF SERVICE I do hereby certify that service ofa true and correct copy of Plain tifT Kristina Hook's Pretrial Memorandum was served upon the below listed counsel via hand delivery on the 14th day of October, 1999. Patrick C. Lamb, Esquire Marks, O'Neill, Reilly, O'Brien & Courtney, P.C. 1880 JFK Blvd., Suite 1200 Philadelphia, PA 19103 Malisssa Richetti Sill, Esquire Mark, O'Neill, Reilly, O'Brien & Courtney, P.C. 1880 JFK Blvd., Suite 1200 Philadelphia, PA 19103 ~ //- "fliomas D. Paradise, Esquire Samuel E. Cohen, Esquire 9 . \'uJ OCT 0 8 1999.t.>h ~ MARKS, O'NEILL, REILLY & O'BRIEN, P.C. BY: JEROME MARKS, ESQUIRE MALISSA A. RICIIETTI, ESQUIRE IDENTIFICATION NOS. 21239,80173 ATTORNEYS FOR DEFENDANT 1880 JOHN F, KENNEDY BOUUV ARD, SUITE 1200 PHILADELPHIA, PENNSYLVANIA 19103 (215) 564-6688 064-37631 Kristina Hook COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION vs. Pathmark Stores, Inc. NO. 94-2119 DRFRNDANT'S, PATHMARK STORRS, INC.'S, PRRTRIAI. MRMORANDIJM I. FACTS/UABII.lTV! On October 7, 1992, plainti ff was shopping at the Pathmark in Camp Hill, Pennsylvania. Plaintiff alleges that she was standing in the papcr products aisle and a pallet loaded with boxes WIIS behind her. While she WIIS "scoping out the toilet paper" a "pretty big box" fell and hit her. Plaintiff does not know what the box was filled with, and she didn't bother to check the box. She testified at hcr deposition that it may have been filled with paper products because she WIIS in the paper aisle, but there was also coffee in the aisle. Plaintifftcstified that she does not know what caused the box to fall. Plaintiff testified that a stock person was working on the left side of the aisle at the time. She states that he was taking things out of boxes and placing products on the shelves. However, from her testimony, it is unclear ifthc stock pcrson was taking boxes off the pallet and unloading them, or taking them from somcwhere else. Defendant's fonner employees' statements assert that plaintiff shopped for an hour after the incident occurred and was not limping at all. r II, FACTSIDAMAGF.S: At her deposition, plaintifftestilied that the box lirst hit her len shoulder and bounced off the middle of her back and then against her calves, She also stated that her body twisted and she ended up on her knees. Plaintiff had a prior back injury in 1984 at30lh Street Stateion in Philadelphia. She suffered a ruptured L4 disc, and she treated for 18 months. In December 1985, she received back surgery. In January 1986, plaintiffs doctor wrote in a report that plaintiffs L4-5 disc space is collapsed and it would likely ~ return to normal. Defendant's doctor, Gad Gullmann, examined plaintiff on March 22,1995. His report noted that he found nothing abnormal regarding the thoracolumbular spine and no signs of radiculopathy. He also noted that the records he reviewed indicated that plaintiffhad degenerative disc disease of the cervical spine, and that plaintirrs current complaints are related to the degenerative changes. Further, Dr, Gullmann stated that the mechanism ofplaintirrs incident as she states it does not explain the occurrence of an acute disc herniation, but rather represents a son tissue sprain and strain which was superimposed over her pre-existing, advanced degenerative cervical disc disease, Since Dr. Guttmann's examination, plaintiff underwent nine (9) cervical steriod blocks, and an MRI which revealed a len herniated nucleus pulposus at C6-7 and C4-5, and the same on the right at C3-4. An EMG was performed on May 14, 1996 which found evidence of cervical radiculopathy. On May 31, 1996, plaintiff had a posterior cervical exploration and bilateral foraminotomies performed at C4-5, 5-6 and 6-7. Dr. Guttmann re-evaluated plaintiff on February 25, 1999. It was his opinion at that time was consistent with his opinion in 1995 - that plaintiffhad advanced degenerative spondyloarthritis of the cervical spine that was not related to the 1992 Pathmark accident. Dr. ,,"' Guttmann did not agree that the need for ccrvical spine surgery WIIS a direct result of the injuries plaintiff alJegedly sustained in 1992, nor did he believe that the impact caused by the falJ of the carton onto plaintiff could have caused multi-level disc herniations in the cervical spine. Plaintiff also hIlS a wage loss claim. She WIIS out of work from October 7,1992 until April 15. 1993 for injuries alJegedly related to the Pathmark accident. She then returned to work for 8 months, and on December IS. 1993 she len work again due to neck pains and returned on July 27, 1994, Plaintiff again stopped working in September of 1997, and is not presently working. III. WITNESSES: 1. Plaintiff, Kristina Hook; 2. Defendant's former employee. Bob Smith; 3. Defendant's former employee, John Brocious; 4. Custodian of Records for: -Dr. Evan O'Brien .Graduate Hospital -Dr. Donald L. Myers -The Spine Center -Dr. Maurice Romy -Holy Spirit Hospital -Penn Rehabilitation Associates -Susquehanna Orthopedic Associates .Polyclinic Medical Ccnter -Conrail .AMTRAK -Dr. Steven Mandel . Tristan Associates -Dr. Zeliger S. Defendant's medical expert, Dr. Gad Guttmann; 6. All witnesses listed in plaintiff's pretrial memorandum IV. RXHIRITS I. Reports (2) of defense medical expert, Dr. Gad Guttmann; 2. Defendant's Incident investigation report; 3. Medical records of: -Dr. Evan O'Brien -Graduate Hospital -Dr. Donald L, Myers -The Spine Center -Dr. Maurice Romy -Holy Spirit Hospital -Penn Rehabilitation Associates -Susquehanna Orthopedic Associates -Polyclinic Medical Center -Conrail -AMTRAK -Dr. Steven Mandel -Tristan Associates ,.' -Dr. Zeliger 4. All exhibits listed in plaintitrs pretrial memorandum V. SETTI,EMENT NEGOTIATIONS: To the best of defendant's knowledge, plaintitrs latest demand is $375,000. Defendant has not olTered any money at this time. Respectfully submitted, MARKS, O'NEILL, REILL Y,O'BRIEN & COURTNEY BY: Jerome E, Marks, Esq e Malissa A. Richetti, Esquire . ' I " ,.;J ! .. ; \, ~':k",:~, ""'-J,i'-;-{;l - '... , , " . LAW OFfiCES OF MARKS. O'NEILL, REILLY, O'BRIEN a COURTNEY. P,C, JEROME E. MARKS ATTORNEY AT LAW SUIfE IZOO 11180 JOHN'. ~EN"'ED'( BOULEVARD PHILADELPHIA. PA IlIa.s 21&.'.4.'18. F,u: ZUHJ64.Z'Z8 . -.________...___"__.' .~_" .,..._.h_.__....., ~ " -- -;~ .~.;t"r_'" , I ~, ~ 1 I" f~- 1 , ; -." . r:-~~'-">.-:"...-." ".......~ FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP BY: 1lI0MAS D. PARADISE, ESQUIRE; SAMUEL E. COHEN, ESQUIRE IDENTltlCA nON NO. 52855;78996 ATTORNEYS FOR PLAINTIFF 2000 MARKET STREET, TENT!{ FLOOR PHILADELPHIA, PA 19103-3291 (215) 299-2000 KRISTINA HOOK, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY vs, CIVIL ACTION - LAW P A THMARK STORES, INC. Defendant. NO. 94-2119 PLAINTIFF'S REOUEST FOR POINTS FOR CHARGE The Learned Trial Judge is respectfully requested to charge the jury as follows: PLAINTIFF'S REOUESTED POINT NUMBER ONE: DIRECTED VERDICT Under all the evidence in this case I direct that you must return a verdict in favor of the plaintiff and against defendant and the only question which you must decide is the arnount of your verdict to fairly compensate the plaintiff. . . PLAINTIFF'S REQUESTED POINT NUMBER TWO: ISSUES IN THE CASE The plaintiff, Kristina Hook, claims that she was personally injured and sustained damages as a result of the negligent conduct of the defendant. The plaintilThas the burden ofpraving her claims. The defendant denies the plaintiff's claims. Based upon the evidence presented at this trial, the only issues for you to decide in accordance with the law as I shall give it to you are: First: Was the defendant negligent? Second: Was the defendant's conduct a substantial factor in bringing about hnnn to the plaintifl? Third: What damage the plaintilTsulTered and will be caused to suITer by reason of the defendant's negligence and the amount of your monetary verdict in favor of the plaintilT for such sum as will fairly and fully compensate her for said damage. Pennsylvania Suggested Standard Civil Jury InslnIctions, 3.00 (modified). -2- , . PLAINTIFF'S REQUESTED POINT NUMBER THREE: NEGUGENCF,""DEFlNlTION The legal term negligence, othelWise known as carelessness, is the absence of ordinary care which a reasonably prudent person would exercise in the circwnstances here presented. Negligent conduct may consist either of an act, or an omission to act when there is a duty to do so, In other words, negligence is the failure to d:> something which a reasonably careful person would do, or the doing of something which a reasonably careful person would not do, in light of all the surrounding circumstances established by the evidence in this case. It is for you to determine how a reasonably careful person would act in those circumstances. Pennsylvania Suggested Standard Civil Jury Instructions, 3.00. .3- PLAINTIFF'S REQUESTED POINT NUMBER FOUR: ORDINARY CARE-DEFINITION Ordinary care is the care a reasonably careful person would use under the circumstWlces presented in this case. It is the duty of every person to use ordinary care not only for his or her own safety and the protection of his or her property, but also to avoid injury to others. What constitutes ordinary care varies according to the particular circumstances and conditions existing then and there. The amount of care required by the law must be in keeping with the degree of danger involved. PeMsylvania Suggested StWldard Civil Jury Instructions, 3.02. -4- - ' PLAINTIFF'S REQUESTED POINT NUMBER FIVE: OWNER/OCCUPIER OF I.AND An owner/occupier ofland/premises is required to use reasonable care in the maintenance and use of the Property. If you find that defendant has failed in this regard, this is negligence that may make defendant liable for any resulting dwnage to one lawfu1\y on the property. What is reasonable care depends on, and must be in keeping with, the use defendant expected to be made of the property. Pennsylvania Suggested Standard Civil Jury Instructions, 7.00. -5- PLAINTIFF'S REQUESTED POINT NUMBER SIX: OWNER/OCCUPIER OF LAND (Publll! "Invitee" and "Business Visitor" Denne~) A public invitee is a person who is invited to enter or remain on land as a member of the public for a purpose for which the land is held open to the public. A business visitor is a person who is invited to enter or remain on land for a purpose directly or indirectly connected with business dealings with the owner/occupier of the land. Pennsylvania Suggested Standard Civil Jury Instructions, 7.00A.. -6- -7- PLAINTIFF'S REQUESTED POINT NUMBER SEVEN: OWNER/OCCUPIER OF LAND mut)' of Care Owed to Invitee!) An owner/occupier ofJand is required to use reasonable care in the maintenance and use of his or her property, and to protect his or her invitees from foreseeable hnnn. An owner/occupier of land is also required to inspect the premises and to discover dangerous conditions and to use care not to injure a business visitor by negligent activity. An owner/occupier of land is liable for hnnn caused to his or her invitees by a condition on the land ifhe or she (a) knows or by the exercise of reasonable care would discover the condition, and should realize that it it involves an unreasonable risk ofhnnn, and (b) should expect that his invitees will not discover or realize the danger. or will fail to protect themselves against it, and (c) fails to use reasonable care to protect them against the danger. An owner/occupier of land is liable to his or her invitees for any hnnn he or she should have anticipated, regardless of whether the danger is known or obvious. Pennsylvania Suggested Standard Civil Jury Instructions, 7.008. PI.AINTIFF'S REQUESTED POINT NUMBER EIGHT: I.EGAI. CAUSE In order for Kristina Hook to recover in this case, the defendant's negligent conduct must have been a substantial factor in bringing about the accident. This is what the law recognizes as legal cause. A substantial factor is an actual, real factor, although the result may be unusual or unexpected, but it is not an imaginary or fanciful factor or a factor having no cOMection or only an insignificant cOMection with the accident. PeMsylvania Suggested Standard Civil Jury Instructions, 3.25. -8- PLAINTIFF'S REOUESTED POINT NUMBER NINE: BURDEN OF PROOF In civil cases such as this one, the plaintiff has the burden of proving those contentions which entitle her to relief. When a party has the burden of proof on a particular issue, her contention on that issue must be established by a fair preponderance of the evidence. The evidence establishes a contention by a fair preponderance ofthe evidence if you are persuaded that it is more probably accurate and tnJe than not. To put it another way, think, if you will, of an ordinary balance scale, with a pan on each side. Onto one side of the scale, place all of the evidence favorable to the plaintiff; onto the other, place all of the evidence favorable to the defendant. If, aller considering the comparable weight of the evidence, you feel that the scales tip, ever so slightly or to the slightest degree, in favor of the plaintiff, your verdict must be for the plaintiff. If the scales tip in favor of the defendant, or are equally balanced, your verdict must be for the defendant. In this case, the plaintiff has the burden of proving the following propositions: that the defendant was negligent, and that negligence was a substantial factor in bringing about the accident. If, after considering all of the evidence, you feel persuaded that these propositions are more probably true than not true, your verdict must be for the plaintiff. Pennsylvania Suggested Standard Civil Jury InstnJctions, 5.50. -9- PLAINTIFF'S REQUESTED POINT NUMBER T~: EXPERT TESTIMONY . CREDIBILITY GENERALI.Y You will recall that certain witnesses gave testimony as to their qualifications as experts in various fields. A witness who has special knowledge, skill, experience, training or education in a particular science, profession or occupation may give his or her opinion as an expert as to any matter in which he or she is skilled. In detennining the weight to be given to his opinion, you should consider the qualifications and reliability of the expert and the reasons given for his or her opinion. You are not bound by an expert's opinion merely because he or she is an expert; you may accept or reject it, as in the case of other witnesses, Give it the weight, if any, to which you deem it entitled. Pennsylvania Suggested Standard Civil Jury Instnlctions, 5.30. -10- - . . flHi:f~~~rYh~',~';~_i;~'t~: ~, PI.AINTIFF'S REQUESTED POINT NUMBER ELEVEN: EXPERT TESTIMONY - BASIS FOR OPINION GENERAU,Y In general, the opinion of an expert has value only when you accept the facts upon which it is based. This is true whether the facts are assumed hypothetically by the expert, come from his personal knowledge, from some other proper source or from some combination of these. Pennsylvania Suggested Standard Civil Jury Instructions, 5.31. -11- PLAINTIFF'S REQUESTED POINT NUMBER TWEL YE: CONFUCTING TESTIMONY You may find inconsistencies in the evidence you have heard. Even actual contradictions in the testimony of witnesses do not necessarily mean that any witnesses have been willfully false. Poor memory is not uncommon. Sometimes a witness forgets; sometimes he or she remembers incorrectly. It is also true that two persons witnessing an incident may see or hear it differently. If different parts of the testimony of any witness or witnesses appear to be inconsistent, you the jury should try to reconcile the conflicting statements, whether of the same or of different witnesses, and you should do so ifit can be done fairly and satisfactorily. If, however, you decide that there is a genuine and irreconcilable conflict of testimony, it is your function and duty to detennine which, ifany, of the contradictory statements you will believe. Pennsylvania Suggested Standard Civil Jury Instructions, 5.04. -12- Pennsylvania Suggested Standard Civil Jury Instructions, 6.00. PI.AINTIFF'S REQUESTED POINT NUMBER THIRTEEN: DAMAGE POINTS If you find that the defendant is liable to the plaintiff, you must then find an amount of money damages which you believe will fairly and adequately compensate the plaintiff for all of the physical injury she has sustained as a result of the accident. The amount which you award today must compensate the plaintiff completely for damage sustained in the past, as well as damage the plaintiffwill sustain in the future. PLAINTIFF'S REQUESTED POINT NUMBER FOURTEEN: IN.IURIES TO ADULT NOT RESULTING IN DEATH The damages recoverable by Kristina Hook in this case and the items that comprise them, each of which will be discussed seplll'lltely, are as follows: (a) past medical expenses; (b) future medical expenses; (c) past lost wages; (d) past and future pain and suffering; (e) past and future emblllTllSsment and humiliation; and (I) past and future enjoyment of Hfe. In the event that you find in favor of Kristina Hook, you will add these sums of damage together and return your verdict in a single, lump sum. Pennsylvania Suggested Standard Civil Jury Instructions, 6.01. -14- I I' d h- . PLAINTIFF'S REOUESTED POINT NUMBER FIFI'EEN: MEDICAL EXPENSES Kristina Hook is entitled to be compensated in the amount of all medical expenses reasonably incurred for the diagnosis, treatment and cure of her injuries in the past. An exhibit will be submitted to you, itemizing these costs, for your consideration during deliberation. Pennsylvania Suggested Standard Civil Jury Instnlctions, 6.01A. -15- '!!" r;':"~:';;;:t;;4,' N~~i~4t;::<~ li1"~-.r>o_"''''''''''' ,'" . PI.AINTIFF'S REQUESTED POINT NUMBER SIXTEEN: FUTURE MEDICAl, EXPENSES Kristina Hook is entitled to be compensated for aU medical expenses which you find that she will reasonably incur in the future for the treatment and care of her continuing injuries. Pennsylvania Suggested Standard Civil Jury Instructions, 6.01. -16- PLAINTIFF'S REQUESTED POINT NUMBER SEVENTEEN: PAST I"OST EARNINGS AND EARNING CAPACITY Kristine Hook is entitled to be compensated for the amount of earnings that she has lost up to the time of the trial as a result of her injuries. This amount is the difference between what she probably could have earned but for the hann less any sum which she actually earned by employment. Pennsylvania Suggested Standard Civil Jury Instructions, 6,0 I C. -17- ,..._..._~-, ".. . ,--....~- PLAINTIFF'S REQUESTED POINT NUMBER EIGHTEEN: PAST PAIN AND SUFFERING Kristine Hook is entitled to be fairly and adequately compensated for such physical pain, mental anguish, discomfort, inconvenience and distress as you find she has endured, from the time of the accident until today. Pennsylvania Suggested Standard Civil Jury Instructions, 6.01 E, -18- PLAINTIFF'S PROPOSED POINT NUMBER NINETEEN: FUTURE PAIN AND SUFFERING Kristine Hook is entitled to be fairly and adequately compensated for such physical pain. mental anguish, discomfort, inconvenience and distress as you believe she will endure in the future as a result of her injuries. Pennsylvania Suggested Standard Civil JUly Instructions, 6.01F. -19- PLAINTIFF'S PROPOSED POINT NUMBER TWF.NTV: EMBARRASSMENT AND HUMILIATION Kristina Hook is entitled to be fairly and adequately compensated for such emblUTllSsment and humiliation as you believe she has endured and will continue to endure in the future as a result of her injuries. Pennsylvania Suggested Standard Civil Jury Instructions, 6.010. -20- PLAINTIFF'S PROPOSED POINT NUMBER TWENTY.ONE: ENJOYMF.NT OF UFF. Kristina Hook is entitled to be fairly and adequately compensated for past, present and future loss of her ability to enjoy any of the pleasures of life lIl: :l result of her injuries. Pennsylvania Sugge3ted Standard Civil Jury Instructions, 6.011. -21- PI.AINTIFF'S PROPOSED POINT NUMBER TWF.NTV-TWO~ SUSCEPTIBIIJTY TO FUTURE INJURX Kristina Hook is entitled to be fairly and adequlltely compensated for the susceptibility to future injury as you believe was a result of her injuries sustained in this accident. -22- PI.AINTIFF'S PROPOSED POINT NUMBER TWENTY-THREE: DAMAGES - LIFE EXPECTANCY If you find that Kristina Hook's injuries will continue beyond today, you must detennine her life expectancy. According to statistics compiled by the United States Department of Health, Education and Welfare, the average life expectancy of all persons of Kristina Hook's age, at the time of the accident, and sex was 34.4 years. This figure is offered to you only as a guide, and you are not bound to accept it if you believe that Kristina Hook will live longer or less than the average individual in her category. In reaching this decision, you are to consider Kristina Hook's health prior to the accident, her manner of living, her personal habits and other factors that may affect the duration of her life. Pennsylvania Suggested Standard Civil Jury Instnlctions, 6.21. -23- PI"AINTIFF'S PROPOSED POINT NUMBER TWENTY-FOIJR You have heard testimony about prior accidents in which plaintiff, Kristina Hook was involved. The law requires that defendant, Pathrnark Stores, Inc" take the plaintiff as it finds her, and plaintiff, Kristina Hook is entitled to recover all damages arising from the negligence of the defendant even if aggravated by Ms. Hook's own pr~disposition or weakness, and even if Ms. Hook may have been particularly susceptible to injury. Tomikel v, Commonwealth of Penn sylvan in. Dl:partment of Transportation, 658 A.2d 861, 863 (pa.Cmwlth. 1995); illJl!m Tabor v, Miller, 389 F.2d 645, 647 (3n1 Cir. 1968). -24- PLAINTIFF'S PROPOSED POINT NUMBER TWENTY FIVE: VERDICT DIRECTING SUMMARY You will now retire to consider all of the evidence received in this trial in the light of the various factors I have presented to you and apply the law as I have given it to the facts as found by you. If you find that the defendant was negligent, and that the defendant's conduct was a substantial factor in bringing about hann to the plaintiff, your verdict must be in favor of the plaintiff and against the defendant. If your verdict is in favor of the plaintiff, you must then detennine what damage the plnintiffwas and will be caused to suffer by reason of the defendant's negligence and return a verdict for the plaintiff in that amount. Pennsylvania Suggested Standard Civil Jury Inslnlctions, 6.21. Respectfully submitted, ,& OMAS D. P ISE, ESQUIRE SAMUEL E. COHEN, ESQUIRE FOX, ROTHSCHILD, O'BRIEN & FRANKEL 2000 Market Street lOth Floor Philadelphia, PA 19103-3291 (215) 299-2000 Date: November 8, 1999 -25- ..". 0'> - o N ,- .,-:::-:: -, t-. .... ." _:: ~~';.,;r ,";::'.-" " . = t,} _ .~ C"'> , .":' - -~ :1-= ., II:: 1IJ Z 1IJ - l.i II 0 ::.. !!: " O~S t. ;;; w !I 0 . z l.i" ,; ~ . 0 <(".l! " ~ " ' :> II:: cO " ~ .. :E a: " 1IJ.. it .Jri " c 0 % Z <( J: . . . . . KRISTINA HOOK, IN THE COURT OF COMMON PLEAS CUMBERLANO COUNTY , PENNSYLVANIA NO. 94-2119 Plaintiff v. CIVIL ACTION - LAW PATHMARK STORES, INC., JURY TRIAL DEMANDED Defendant PLAINTIFF'S REPLY TO NEW MATTER AND NOW, comes the Plaintiff, Kristina Hook and responds to the Defendant's allegations of new matter as follows: 17. Denied. The allegation sst forth in Paragraph 17 in the form of an averment of assumption of the risk is a conclusion of law to which no responsive pleading Is necessary, however, to the extent that the Court deems a response necsssary, the Plaintiff specifically denies that she in any way assumed the risk of her injuries and proof to the contrary is demanded at the trial In this matter. 18. Denied. The allegation set forth in Paragraph 18 is a conclusion of law to which no responsive pleading is nscessary, however, to the extent that the Court deems a response necessary, the Plaintiff spsclfically denies that she was in any way negligent so as to bar or limit her claim for damages and proof to the contrary is demanded at the trial in this matter. 19. Denied. The allegation set forth In Paragraph 19 is a conclusion of law to which no responsive pleading is necessary, however, to the extent that the Court deems a response necessary, the Plaintiff specifically denies that her claim is In way barred or limited by the applicable Statute of limitations and proof to the contrary is demanded at the trial In this matter. , I I: I' 20. Denied. The allegation set forth in Paragraph 20 is a conclusion of law - " -,t~ ':;~ .; ~ . to which no responsive pleading Is necessary, however, to the extent that the Court deems a response necessary, the Plaintiff specifically denies that her Complaint falls to state a cause of action for which relief can be granted and proof to the contrary Is demanded at the trial In this matter. WHEREFORE, Plaintiff demands Judgment against the Defendant for the for the relief ss set forth In her Complaint. Respectfully Submitted, HANDLER AND WIENER BY- W. Scott He I.D. #32298 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 (717) 234-8031 Attorney for Plaintiff VERIFICATION PURSUANT TO PA R.C.P. NO. 1024 Icl W. SCOTT HENNING, ESQUIRE, states that he Is the attorney for the party filing the foregoing documsnt; that he makes this affidavit as an attorney, because the party he represents lacks sufficient knowledge or Information upon which to make a verlflcstlon and/or because he has grester personal knowledge of the Information and belief than that of the party for whom he makes this affidavit; and that he has sufficient knowledge or Information and belief, based upon his Investigation of the matters averred or denied in the foregoing document; and that this statement Is made subject to the penalties of 18 Pa C.S. ~4904 relating to unsworn falsification to authorltlss. Date: I t;:- IX r- r '/ . . , . Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2119 CIVIL ACTION. LAW JURY TRIAL DEMANDED KRISTINA HOOK, v. PATHMARK STORES, INC., Defendant CERTIFICATE OF SERVICE On this -1f.... ~ of May, 1994, I hereby certify that a true and correct copy of Plaintiff's Reply to New Matter was served upon the following by depositing same In the United States Mall, In Harrisburg, Pennsylvania: Jerome E. Marks, Esquire MARKS. O'NEILL, REILLY & O'BRIEN, P.C. 1 234 Market Street - Suite 1910 Philsdelphla, PA 19107-3723 Date: -5-/71'1 By , . Sco Attorney I. . # 2298 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 (717) 234-8031 ATTORNEY FOR PLAINTIFF ~ en - ~,... ~G;h 4 ...., ..~. .,t ,~ ';;:. .:.:' .J> .- " f__. ~.. _. e, -::::J ' ' ~~ i" ''"I I ''') ~ ~ .... trI N ::::;j . p ..;.) ~ ,r{ \~ ~ ~~ . ~ ,,; . .-- .;;_.J ,.:',!'" "" .... oc::t " ? ':..,.....- cY , --:...- s4.' ('0> ~. -", '-" ..), N"'\ ~'<~ N) I'\) .",. "'b ~ a: w z w ~ Li ~ .. - eO~~~S s~s~:d . 11:.;:) Ca:CO-e ..J ::E a: !! e W.. a: ...J i'i ~ o :>:: Z < J: .. " , . , ~ .-.,...,.",.._.t<'->: ~-q;",.a . , KRISTINA A. HOOK. Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW PATHMARK STORES, INC.. formerly known as Supermarkets General Corporation d/b/a Path mark Supermarkets, Dsfendant 14- .) ( (1 (!J..- -t}-LL, J~ 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 dsfenses or objections to the claims set forth against you. You are warnsd that if you fall to do so the case may proceed without you and a Judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 HANDLER AND WIENER \central\ajg\complain\hook KRISTINA A. BOOK, I plaintiff, I, I V. I I PATBMARK STORES, INC., I formerly known as Supermarkets I General corporation d/b/a I Patbmark Supermarkets, : Defendant I IN TBB COURT OF COMMON PLEAS CUHBBRLAHD COUHTY, PENNSYLVANIA CIVIL ACTION - LAW JURY TRIAL DBMANDED COMPLAINT AND NOW, comes the Plaintiff, Kristina A. Hook, by and through her attorneys, Handler and wiener, and makes the within Complaint against the Defendant as follows: 1. Plaintiff, Kristina A. Hook, is an adult individual currently residing at 712 Erford Road, Camp Hill, Cumberland County, Pennsylvania, 2. Defendant, pathmark stores, Inc., formerly known as Supermarkets General Corporation is a corporation having a registered office at c/o Prince Hall Corporation System, Inc. - 100 pine street, HarriSburg, PA 17108 and doing business as or operating as pathmark Supermarket, with an office and place of business located 700 camp Hill Shopping Plaza, Camp Hill, Cumberland County, Pennsyvlania, 3. At all times material to this action, Plaintiff, Kristina A, Hook, was a patron and business invitee of Pathmark supermarket located at 700 Camp Hill Shopping Plaza, Camp Hill, Cumberland County, Pennsylvania. ,.~ - '~"~; -.' ,..,,~ 4. On or about October 7, 1992, at approximately 5:00 p.m., Plaintiff, Kristina A. Hook, was in the Pathmark Supermarket store, standing in an aisle, with her back to a pallet that was loaded with merchandise, when a box fell off the pallet and struck her on her left shoulder, neck area, the small of her back and her calves. 5, At all times material to this action, Defendants were in exclusive possession, management, and control of the premises, individually, collectively, and through their employees who were acting within the course and scope of their employment by the Defendants and in furtherance of the Defendant's business. 6. As a direct and proximate result of the negligence of the Defendant, Pathmark Supermarket, Plaintiff, Kristina A. Hook, has suffered serious bodily injury as set forth in full hereinafter. COUNT I KRISTINA A. HOOK v. PATHMARK STORBS. INC.. formerlY known as SUPERMARKBTS GENERAL CORPORATION. d/b/a PATHMARK SUPERMARKET 7, Plaintiff, Kristina A, Hook, incorporates and makes a part of this Count paragraphs 1 through 6 of this Complaint as if fully set forth, 8, On October 7, 1992, Plaintiff believes and therefora avers that the Pathmark Supermarket store located at 700 Camp Hill Plaza, Camp Hill, CUmberland County, Pennsylvania was owned, co- owned, managed and/or operated by Supermarkets General Corporation, and the premises were under the possession and control of Supermarkets General Corporation, doing business as Pathmark Supermarket, 2 9, The occurrence ot the atoresaid accident and the injuries to Plaintiff, Kristina A, Hook, resulting therefrom, were caused directly and proximately by the negligence of Defendant, Pathmark Supermarket, generally and more specifically as set forth below: a, In failing to safely and properly stack boxes of merchandise on pallets at its supermarket; In negligently failing to maintain its supermarket in a safe, neat and orderly condition; In failing to properly maintain the boxes, stacked on a pallet, in the aisle of its supermarket; In failing to properly and routinely inspect the supermarket to insure its condition to be neat, orderly and safe for its customers; In failing to replace, repair and/or re-stack the boxes that were stacked on its pallet in the aisle of its supermarket; In allowing the boxes, stacked in the aisle of its supermarket, b. c. d, e. f, on a pallet, to become a dangerous condition; g. In failing to warn Plaintiff, Kristina A, Hook, of the dangerous condition then existing at its supermarket; h. In allowing the stack of boxes on its pallet to remain situated in the aisle of its store unattended by a store clerk; i, In allowing the stack of boxes on the pallet to 3 4 block and obstruct the aisle; j. In allowing the stack of boxes on its pallet to be in the aisle at a peak shopping time, rather than placing the pallet there at another time of day, (since the store was open 24 hours), when considerably fewer shoppers would be present in the store; and k, In allowing the stack of boxes on the pallet to be stacked too high, thus creating a hazardous condition. 10. As a direct and proximate result of the negligence of Defendant, Plaintiff, Kristina A, Hook, has sustained injuries, including but not limited to, severe trauma to her left shoulder, calves , lower back and cervical spine, including herniations of two cervical discs, 11. As a result of the negligence of the Defendant, Plaintiff, Kri~tina A. Hook, has undergone great physical pain, discomfort, and mental anguish, and she will continue to endure the same for an indefinite period of time in the future to her great physical, emotional, and financial detriment and loss, 12, As a result of the negligence of the Defendant, Plaintiff, Kristina A, Hook, has been and probably will in the future be hindered from attending to her usual occupation and daily activities and duties to her great detriment, loss, humiliation, and embarrassment, 13, As a result of the negligence of the Defendant, Plaintiff, Kristina A, Hook, has and probably will in the future suffer a loss of life's pleasures, and a claim is made therefore. 14. Plaintiff, Kristina A, Hook, believes and therefore, avers that her injuries are permanent in nature, 15. As a result of the negligence of the Defendant, Plaintiff, Kristina A, Hook, has been compelled, in order to affect a cure for the aforesaid injuries, to expend large sums of money for medicine and medical attention, and will be required to expend large sums of money for the same purposes in the future, to her great detriment and loss, 16. As a result of the negligence of the Defendant, Plaintiff, Kristina A, Hook, has incurred lost wages from her employer, conrail, and probably will in the future continue to lose wages to her great detriment and financial loss. WHEREFORE, Plaintiff, Kristina A, Hook, claims damages from the Defendant, Supermarkets General Corporation, t/d/a or operating as Pathmark Supermarket, in an amount in excess of Twenty Thousand Dollars ($20,000,00) and further demands trial by jury. Date, If/tJlI By: W. Scott He I.D. No. 32 319 Market S P.O. Box 1177 Harrisburg, PA (717) 234-8031 I ( Attorneys for Plaintiff 5 'e;:t~~~i1~ I verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C,S.S4904 relating to unsworn falsification to authorities. Date ,j/-JA / 9/ / / ~ Hook SHERIFF'S RETURN CGfo1OtoIoo/EAL'Ill OF PENNSYLVANIAl COlJ\I1I'Y OF Clto1BERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2119 Civil Term Complaint in Civil Action Law and Notice Kristina A. Hook VS Pathmark Stores, Inc., formerly known as Supermarkets General Corporation d/b/a Pathmark Supermarkets Wesley Cook , ~~~xDeputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn ac=rding to law, says, that he served the within Complaint in Civil Actinn T,;ow ;on" NnH,.", pathmark Stores, Inc., f/k/a Supermarkets upoItJeneral Corp. d/b/a Pathmark , the defendant, at ] 2! 4g o'clock Supermarkets P .M. ~~ / EDST, on the 26 day of April , 19.9.4.. at 700 Camp Hill Shopping Plaza, Camp Hill . Cunberland County, Pennsylvania, by handing to John McGilfery, Store Manager a true and attested copy of the Complaint in Civil Action Law and Notice, and at the same time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 14.00 8.40 2.00 24.40 Pd, by Atty. 4-27-94 So answers: r~-<~~ R. Thomas Kline, S~~ by Sworn and subscribed to before Ire this 3rtl 19 94, \. ~ I.;'~~j:; ~~'." '-JMf;' '; TO: ALL COUNSEL " YOU ARE HEREBY NOTIFIED TO FILE A WRlTI'EN RESPONSE TO THE ENCLOSED NEW MAnER WITHIN TWE Y (10) DAYS FROM SERVICE HEREOF OR A J M NT MAYBE ENTERED AGAINST YOU, A Y FOR DEFENDANT MARKS, O'NEILL, REILLY" O'BRIEN, P.C, BY: .r- E. Mub, &quire mENJ'DICATlON NO, 2111' 1234 MarIId SInd, Suite DIG I'biIaddpbla. I'Bm81IYU1ia DI07 (215) ~1 fQIlI 064-37631 Kristina Hook JURY TRIAL DEMANDED COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION vs, Pathmark stores, Inc, NO, 94-2119 DEFENDANT. PATHMARK STORES. INC,'S ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER 1. Admitted. 2, Admi tted, 3. Denied, After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the factual averments set forth in paragraph three of plaintiff's Complaint. The same are, therefore, denied with strict proof demanded at trial. The remaining averments set forth in this paragraph are . conclusions of law, require no responsive pleadings and are, therefore, denied with strict proof demanded at trial, 4, Denied, After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the factual averments set forth in paragraph four of plaintiff's Complaint. The same are, therefore, denied with strict proof demanded at trial, The remaining averments set forth in this paragraph are conclusions of law, require 110 responsive pleadings and are, therefore, denied with strict proof demanded at trial, 5. Denied, After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the factual averments set forth in paragraph five of plaintiff's Complaint. The same are, therefore, denied with strict proof demanded at trial. The remaining averments set forth in this paragraph are conclusions of law, require no responsive pleadings and are, therefore, denied with strict proof demanded at trial. 6, Denied, After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the factual averments set forth in paragraph six of plaintiff's Complaint. The same are, therefore, denied with strict proof demanded at trial. The remaining averments set forth in this paragraph are conclusions of law, require no responsive pleadings and are, therefore, denied with strict proof demanded at trial. COUNT I 7. Defendant, pathmark stores, Inc" incorporates by reference the averments set forth in paragraphs one through six above as if the same were fully set forth herein in their entirety. " 8, Denied, After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the factual averments set forth in paragraph eight of plaintiff's complaint. The same are, therefore, denied with strict proof demanded at trial, The remaining averments set forth in this paragraph are conclusions of law, require no responsive pleadings and are, therefore, denied with strict proof demanded at trial, 9, Denied, After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the factual averments set forth in paragraph nine of plaintiff's Complaint. The same are, therefore, denied with strict proof demanded at trial, The remaining averments set forth in this paragraph are conclusions of law, require no responsive pleadings and are, therefore, denied with strict proof demanded at trial. 10. Denied, After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the factual averments set forth in paragraph ten of plaintiff's complaint. The same are, therefore, denied with strict proof demanded at trial. The remaining averments set forth in this paragraph are conclusions of law, require no responsive pleadings and are, therefore, denied with strict proof demanded at trial. 11. Denied, After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the factual averments set forth in paragraph eleven of plaintiff's Complaint. The same are, therefore, denied with strict proof demanded at trial. The remaining averments set forth in this paragraph are conclusions of law, require no responsive pleadings and are, therefore, denied with strict proof demanded at trial, . ~. F" _.ri . 12. Denied, After reasonable investiqation, defendant is without knowledge or information sufficient to form a belief as to the truth of the factual averments set forth in paraqraph twelve of plaintiff's Complaint. The same are, therefore, denied with strict proof demanded at trial. The remaining averments set forth in this paraqraph are conclusions of law, require no responsive pleadings and are, therefore, denied with strict proof demanded at trial. 13. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the factual averments set forth in paragraph thirteen of plaintiff's complaint, The same are, therefore, denied with strict proof demanded at trial. The remaining averments set forth in this paragraph are conclusions of law, require no responsive pleadings and are, therefore, denied with strict proof demanded at trial. 14, Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the factual averments set forth 'in paragraph fourteen of plaintiff's Complaint. The same are, therefore, denied with strict proof demanded at trial, The remaining averments set forth in this paragraph are conclusions of law, require no responsive pleadings and are, therefore, denied with strict proof demanded at trial. 15. Denied, After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the factual averments set forth in paragraph fifteen of plaintiff's Complaint, The same are, therefore, denied with strict proof demanded at trial, The remaining averments set forth in this paragraph are conclusions of law, require no responsive pleadings and are, therefore, denied with strict proof demanded at trial. l 16. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the factual averments set forth in paragraph sixteen of plaintiff's Complaint. The same are, therefore, denied with strict proof demanded at trial. The remaining averments set forth in this paragraph are conclusions of law, require no responsive pleadings and are, therefore, denied with strict proof demanded at trial, NEW MATTER 17, Plaintiff assumed the risk of all injuries which bars and/or limits all claims. 18, The negligence of plaintiff bars and/or limits all claims. 19. The claims of plaintiff and all parties are barred and/or limited by the appropriate statute of Limitations. 20. plaintiff has failed to state a cause of action for which relief can be granted. WHEREFORE, defendant, Pathmark stores, Inc., demands judgment in its favor with costs. LL, REILLY, & O'BRIEN, P,C. E. MARKS, ESQUIRE Attorney for Defendant .'~ .~~........." .-~_... l VERIFICATION I, JEROME E, MARKS, Esquire, verify that I am the attorney for defendant, Pathmark Stores, Inc" and that the statements made in the foregoing are true and correct to the best of my knowledge, information, and belief, The undersigned understands that the statements herein are made subject to the penalties 18 PA, C,S,A. 54904 relating to unsworn falsification to authorities, REILLY & O'BRIEN, P.C, BY: JEROME . MARKS, ESQUIRE Attorne for Defendant I hereby certify that services of a true and correct copy of the within matter was served on all parties of record by first- class'mail, postage prepaid, MARKS, O'NEILL, REILLY & O'BRIEN, P.C. E. MARKS, ESQUIRE ey for Defendant DIG KRISTINA HOOK, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PATHMARK STORES, INC., Defendant 94-2119 CIVIL TERM PRETRIAL CONFERENCE At a pretrial conference held October 20, 1999, before Edward E. Guido, Judge, present for the Plaintiff was Thomas D. Paradise, Esquire, and for Defendant, Jerome E. Marks, Esquire. This is a negligence action involving Plaintiff being hit by a falling box in a grocery store. Liability is an issue. The parties indicate that this should take no more than two days to t~y, including jury selection. The parties have agreed that if the parties are unable to secure the presence of Defendant's employees present at the time of the incident, the employer incident report will be admitted without objection from Defendant. Plaintiff's counsel has arrangements for a pre-paid vacation that begins on Wednesday, November lath, 1999. Therefore, he requests to be able to lead-off with this case. Defense counsel has no objections and no conflicts. It is recommended that this case be the lead-off case in front of whichever judge is scheduled to try it. If this is not possible, Plaintiff's counsel will have to cancel his vacation. He absolutely wants to make sure that this case ~ ,\ is tried during this week. This Court indicated that we will make every effort to accommodate. Any motions in limine with supporting authority must be filed by close of business on Wednesday, November 3rd, 1999. Any responses with authority must be filed by close of business on Friday, November 5, 1999. If counsel wish the Court to consider any jury instructions, they must be submitted at the commencement of trial. Likewise, any trial briefs counsel would like the Court to consider must be submitted by the commencement of trial. The parties are worlds apart in settlement negotiations. While there is some hope, settlement is not likely. Thomas D. Paradise, Esquire For the Plaintif ( ) fYl a \ tee ( 6y (Jea/L-j- /OpOJ../c;<j Jerome E. Marks, Esquire For the Defendant It I'~'. ,.. ".-' ~! ~ ~~~~~ji\~~'~3B: . ~~!'~~~~~T\~'~~;i;~;f~~~P':t'-:,: :'!" ~ ,) ~=',~, ..,.~- \fI;~~~;.rt~;~:t~;""=\~'1.,,)~~l{?Jf::.{..t..'" j", .,",' ~:J 1:_' +, <~ .~ :". "!'.__">~"'Ii " ;;.",. ~"\l V,-f'~fIS,~ 'l'"/"/~"'.(-tf"~~';-,~ ,.'i' ,,' . . I. ."'~ ~> . \' "\ '. '''I( ~,.~, ,",:,;;' . i. ~[,%..,--: i-~"" ~ .J. " ."., J " . . ,; ::~iI1II1II!IIIII. .. ~ ,'., ;'1 ",,' ;;~ '~!\1,:'~;~f.'(f~~~;':~i:~~1~'~ ~;~~S:i~f j)~;~i.~':' '-, \. '. ; .. ALEo-omce OF lH= PROTHONOTARY r-t ....'. 99,OCT 22' .PH 12106 CUMBERlAND COUNlY .' PENNSYLVANIA; '" ',;,.- ":~. ~ H,..""" ,. .'t . , ,!-~ J'-l,;. . .~"', - t~ '}ii' . ,',' b '. "4:;", '~){'--''>.''>i, .~ - j}. 'I. '. .,. ,t' .::'~ -'~{' ,~'"'! ," ..:-\,[ :.',' f ,'.:.) ",:'< ",<-"C' , ,': ." ." : 1~' ,., . - '.~'.- tl. '," ",{,. {~ . , ~ ~~). ,,:1:1/<:: 1I.~:y;,;,\..:t., . < , ,<l'!I'; ~;;, >~~~~~<f~""< "..'~"- 'i'~""" ". ,():r :X' :. ....... ':,' , :::(J ~;t~ : ,'.r.;r;;. ';. 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'. . ~.:\; :;:.;~T::_~1~~:k\:<:~~';.:' ~;.;~;,..",:~:l '^:~'_' . r FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP BY: THOMAS D. PARADISE, ESQUIRE; SAMUEL E. COHEN, ESQUIRE /DENT/FICA nON NO. 52855; 78996 2000 MARKET STREET, TENTII FLOOR PHILADELPHIA, PA 19103.3291 (215) 299.2000 KRISTINA HOOK, Plaintiff ATTORNEYSFORPLAmT~ COURT OF COMMON PLEAS CUMBERLAND COUNTY v CIVIL ACTION - LAW PATHMARK STORES, INC., Defendant NO: 94-2119 PLAINTIFF. KRISTINA HOOK'S TRIAl. BRIEF I. STATRMENT OF FACTS AS TO LIABILITY: Plaintiff, Kristina Hook, (hereinafter "Plaintiff') born June 15, 1945 and now 54 years of age, sustained serious personal injuries in an accident which occurred on October 7, 1992, at the Defendant Pathmark's (hereinafter "Defendant") store located in the Camp Hill Mall, Camp Hill, Pennsylvania. At the time of the accident, Plaintiff was grocery shopping as a business invitee on the Defendant's premises. The injury occurred at approximately 5 o'clock in the evening. Defendant's employee had carelessly stacked a pallet with merchandise at least five feet high and negligently placed it in the aisle where plaintiff was doing her grocery shopping. As Plaintiff was standing with her back to the pallet looking at the merchandise on a shelf, a large box fell off the pallet and struck her on the shoulder, bounced off onto the small of her back and continued to roll down and strike her legs. -".......",'.. tj?".:'~...." II. STATEMENT OF FACTS AS TO DAMAGES: 1. Physical Iniuries. As a result of the box striking her, plaintiff suffered a serious and painful injury to her n:ck and cervical spine, and an exacerbation of a previously asymptotic lower back injury. After the accident, plaintiff sought medical attention and received extensive conservative treatment. Her initial treatment included, physical therapy, multiple corticosteroid injections into the lumbar and cervical regions, a work hardening program, multiple anti-inflammatory medications and narcotic pain medications. Dr. Edward Violago, whose diagnosis was cervical thoracic lumbar musculoligamentous sprain, placed Plaintiff on medication and physical therapy, which failed to reduce her extreme pain. Dr. Violago attempted to provide relief through injections to the area with 40 mg. of Depo-Medrol and 2% Xylocaine. The injections gave Plaintiff relief for only a short period of time. Dr. Violago suspected that there was a herniated disc at the L4-LS level and recommended the Plaintiff be hospitalized. Plaintiff was then hospitalized on December 14, 1992 at Polyclinic Medical Center where she underwent a CAT scan that revealed a left-side defect at L4-LS. A myelogram was also perfonned which indicated a bulging disc at the L3-L4 and L4-LS levels. At this point, Dr. Dahmlis, an orthopedist recommended an epidural steroid injection. The injection diminished Plaintirrs pain to the point where she was able to begin a work hardening program. Plaintiff received additional injections on December 30,1992 and again on January 14, 1993. However,the relief from pain was short lived. Plaintiff's pain was unrelenting and she sought a second opinion from Dr. Bernard Zeliger. Dr. Zeliger also diagnosed Plaintiff as suffering from a herniated disc. Over the next year Plaintiff continued to suffer with pain and on March IS, 1994 Plaintiff had an MRI which concluded moderate C6-7 herniation and small C4-S hernation. 2 On April 27, 1994, PlaintitTsoughtthe medical opinion of Dr. Maurice Romy. PlaintitT remained under Dr. Romy's care throughout 1995, during which time she underwent cervical steroid blocks. On November 21, 1995 a second MRI WIIS perfonned and it WIIS con finned that plaintitThad also sustained herniated nucleus pulposus at C6-7, C4-S and at C3-4. PlaintitTthen sought the care of Evan O'Brien, M.D., a Board Certified orthopedic surgeon who recommended cervical surgical decompression. She WIIS referred to Donald L. Myers, M.D. a neurosurgeon and Steven Mandel, M.D., both of whom found evidence of cervical radiculopathy with significant acute and chronic changes in the C7 area, through diagnostic exams including an EMG. All four physicians (Drs. Romy, O'Brien, Myers and Mandel) recommended cervical spinal surgery. On May 31, 1996 PlaintitTwllS admitted to Graduate Hospital where Drs. Myers and O'Brien perfonned a posterior cervical exploration and bilateral foraminotomies at C4-S and C6-7. The operative notes reflect that "the most significant findings were at the CS-6 level where the disc herniation WIIS more significant." Dr. Romy's most recent report, dated August 12, 1999, states that PlaintitThllS sutTered post- traumatic unresolved bilateral cervicobrachialgia, len greater than right with herniated nucleus pulposus at C3-4, C4-S, CS-6and C6-7 levels. Dr. O'Brien's October 7, 1999 report states that PlaintitT''witl continue to have some chronic neck and low back pain. She witl most likely continue to require pain medication and occlISional conticosteroid injections to control chronic pain. Future surgery may be required ifher symptoms progress. 2. Medical Expenses As a result of her injuries, PlaintitThllS undergone substantial medical treatment and incurred significant medical expenses. A list of medical treatment and the expenses incurred to date are lIS follows: 3 i ~ I PHYSIClANIINSTITUTION Penn Rehabilitation Associates Polyclinic Medical Ctr. Tristan Associates Capital Area Pain Management! CAPMC Susquehanna Orthopedic Associates L TO.! Bernard I. Zeliger, 0.0 Holy Spirit Hospital Pennsylvania Orthopedics, P.C. Magnetic Imaging Center/ Central P A MRI Center Maurice Romy, M.D.! The Spine Center Lehigh Anesthesia Assoc., P.C. Center for Ambulatory Anesthesia Independence Neurological Consultants! Dr. Donald Meyers DATES TREATED CHARGES 10/7/92-3/12/93 1,570.00 6,610.26 10/9/92-1/14/93 11/9/92-12115/92 1,213.00 12115/92-1/14/93 1,518.00 2/11/93-5/12194 220.00 4/14/93-4/6/94 2,851.38 939.00 12/15/93-4/20/94 3/1 5/94 875.00 4/27/94-8/12/99 41,723.00 6/2/94-11/21/95 14,775.00 3,996.25 15,275.00 6/20/94-11/21/95 4/25/96-5/31/96 B.C.R.S.G. Anesthesia Associates, Inc. 5/31/96 2,380.00 5/28/96-6/3/96 33,615.40 60.00 Graduate Hospital Berger - x-ray Cynn - x-ray Evan D. O'Brien, M.D. Steven Mandel, M.D. Total 5/28/96 5/31/96 84.00 12/4/95-11/27/96 4,590.00 5/7/96 1.880.00 134.174.89 PlaintitTreserves the right to supplement or amend the amount she has claimed in medical expenses. 4 3. Loss of Eaminlls At the time of the accident, Plaintiff was an Assistant Chief Dispatcher for Conrail. As a result of the injuries sustained, Plaintiff was unable to work from October 8,1992 to April 15. 1993. from December 15. 1993 to July 27, 1994, and from Novcmber 2, 1995 to February 19, 1997. As nresult of the time Plaintiff was unable to work, she has sustained a substantial wage loss in excess ofSSO,OOO.OO. III. STATEMENT AS TO THE PRINCIPAI.ISSUES OF LIABILITY AND DAMAGES Plaintiff was a business invitee and was owed the highest duty of care. It was the responsibility of Defendant to assure the safety of its customers and its employees should not have had a pallet of merchandise negligently stacked so high and in an unstable fashion as to bc able to fall upon an unsuspecting customer's shoulders. The time of the incident coincided with the time of day it is expected a high volume of working shoppers would be in the store. During those times, the store is heavily congested with shoppers. Defendant had a duty to its customers to insure their safety while shopping in their store. If the pallet had not been negligently stacked with merchandise or more carefully handled while in the area where shoppers nonnally traverse during nonnal shopping hours, plaintiff would not have suffered the serious bodily injuries she sustained. Defendant's negligence in allowing a pallet negligently stacked so high to be placed in the area used by its customers and in negligently supervising and handling the boxes on the pallet was the direct and proximate cause of the accident, which resulted in Plaintifrs injuries and damages. IV. WITNESSES I. Kristina Hook 200 Market Street New Cumberland, P A 17070 Plaintiff 5 2. Theodore Leslie, Jr. 200 Market Street New Cumberland, P A 17070 3. Maurice Romy, M.D. Center for Spine and Pain Management 1911 Arch Street Philadelphia, PA 19103 Expert 4. Evan D. O'Brien, M.D. 608 N. Broad Street, Suite 201 Woodbury, NJ 08096 Expert 5. Fonner Pathmark Employees: Bob Smith John Broscious 6. Custodian of Records for: - Graduate Hospital Dr. Donald Meyers Holy Spirit Hospital Penn Rehabilitation Services Polyclinic Medical Center Tristan Associates CAPMC Dr. Zeliger Pennsylvania Orthopedics, P.C. Central P A MRI Center Lehigh Anesxthesia Assoc., P.C. Center for Ambulatory Anesthesia BC RSG Anesthesia Bergen X-ray Cynn X-ray] Steven Mandel, M.D. Plaintiff reserves the right to call any witnesses identified in Defendant's pre-trial memorandum. VI. EXHIBITS I. Handwritten incident report of John Brocious, Defendant's Employee. 2. Handwritten incident report of Bob Smith, Defendant's Employee. 3. Incident Investigation Report dated 10/8/92 signed by Carl M. Berlin, Defendant's 6 '..1 Polyclinic Medical CTR 10/9/92 - 1/14/93 Employee. 4. Medical Records and Bills: PHYSICIANIINSTITUTION DATES TREATED Holy Spirit Hospital 4/14/93 -4/7/94 Pennsylvania Orthopedics, P.C. 12/15/93-4/20/94 Tristan Associates ll/9/92 - 2/15/92 Pennsylvania MRI Associates 11/9/92 Lehigh Anesthesia Assoc., P.C. 6/2/94 - 11/21/95 Central P A MRI Center 3/15/94 Penna Rehabilitation Assoc. 10/8/92 - 5/20/94 Maurice Romy, M.D.rrhe Spine Center 6/2/94 -- 8/12/99 Capital Area Pain Management/CAPMC 12/15/92 -1/14/92 Center for Ambulatory Anesthesia 6/2/94 - ll/21/95 B.C.R.S.G Anesthesia Associates Inc. 5/31/96 Independence Neurological Consultants! Dr. Donald Myers 4/29/96 - 10/28/96 7 ,.,....._-~-..:,.~,. . ..,......,- . . . . Susquehanna Orthopedic Associates, L TD.! Bernard I. Zeliger, D.O. 2/11/93 - 6/15/93 Graduate Hospital 5/28/96 - 6/3/96 Berger - x-ray 5/28/96 Cynn - x-ray Evan D. O'Brien, M.D 5/31/96 1214/95-10/7/99 Steven Mandel, M.D. 5/7/96 5. Expert Reports of Dr. Maurice Romy, M.D.. 6. Expert Reports of Dr. Evan D. O'Brien, M.D. 7. Conrail Wage and Employment Records Regarding Kristina Hook PlaintifTreserves the right to use exhibits identified by Defendant in its pre-trial memorandum and Defendant's trial brief. Respectfully submitted: ~ 4; ---:-" THOMAS D. PARADISE SAMUEL E. COHEN FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP 2000 Market Street, 10'h Floor Philadelphia, PA 19103 (215) 299-2000 8 ..----*'--"... ,.....~ --.,,,,,.,,--- FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP BY: Joseph Smukler and Thomas D. Paradise IDENTIFICATION NO. 13602 and 52855 A TIORNEYS FOR Plaintiff 2000 MARKET STREET, TENTH FLOOR PHILADELPHIA, PA 19103.3291 (215) 299-2000 KRISTINA HOOK COURT OF COMMON PLEAS CUMBERLAND COUNTY v. PA THMARK STORES, INC. CIVIL ACTION NO. 94-21 19 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Thomas D. Paradise, Esquire as co-counsel for the Plaintiff, Kristina Hook. Dated: 9/3/ /tf9 d~.-:J{,,-~ . 11iOMAS D. PARADISE # 52855 Attorney for Plaintiff Kristina Hook By Jos h I. #/ d 2000 Market Street - 10th Floor Philadelphia, PA 19193-~291 Phone: .,t??'-"'i'/~ ~S;; Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANO COUNTY, PENNSYLVANIA NO: 94.2119 KRISTINA HOOK, v. PATH MARK STORES, INC., CIVIL ACTION. LAW Defendant : ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter the appearance of Joseph Smu kler, Esquire, of Fox, Rothschild, O'Brien~8! Frankel on behalf of the above named Plaintiff. Respectfully Submitted, FOX ROTHSCHILD O'BRIEN & FRANKEL . Attorney for Plaintiff . Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KRISTINA HOOK, v. NO: 94-2119 PATH MARK STORES, INC., CIVIL ACTION - LAW Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please enter the appearance of Joseph Smu kler, Esquire, of Fox, Rothschild, O'Brien~~ Frankel on behalf of the above named Plaintiff. Respectfully Submitted, FOX ROTHSCHILD O'BRIEN & FRANKEL By Jos h I. I/: d 2000 Market Street - 10th Floor Philadelphia, PA 19193-~291 Phone: eK??'-t>?i'/~ ~s;J . Attorney for Plaintiff . .' . - ~- ~. I ; " -....., " ,-"_~/_' Auc .~. 1Z,'~PlI'''' or /'LEo.orr'Cf' . CUH~~:mg~'m,tA"r PENNS'tl VANIA T\' "','. ; -'1'- l'- 1 I :-:7?'~'~~~-':."'.7:~~-"'~-'~-"_."-' 'c';""'-- '-~'r-'''', . KRISnNA HOOK, . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNlY, PENNSYLVANIA NO: 94-2119 CIVIL ACTION - LAW PlalnUft v. PATH MARK STORES, INC., Defendant PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please withdraw the appearance of the undersigned counsel for the Plaintiff In the above-captioned matter. HANDLER AND WIENER, Dated:-4~-ii 17108 . , . t i;. , 1 '1 j:Z '~-'T-'-: :':i;"<:~?"!'" . .' -'\1' '{"~"'r': ~"1f\':~':-:1"~~ '.~-.- -:1".-., -;'t'" ~{r''t.f'~- " ..fJ:lf.,~~'~~.:lJ::'.~.> ",:;~" I -. r MARKS, O'NEILL, lJlm.l.Y Ii: O'BRIEN, P.C. BY: JEROME E. MARKS, ESQUIRE WENTD'ICAnON NO.: 2123' 1234 MARKET STREEI', STE 1fl0 PIIlLADELmIA, PENNSYLVANIA .,107 (215) ~t "" 064-37631 Kristina Hook , vs. Pathmark stores, Inc. .." ATrORNEY FOR Patbawk SCofts, loc. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION NO. 94-2119 I . ....~ :~1 JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly' enter our appearance on behalf of defendant, Pathmark stores, Inc. in the above-captioned matter. . . , REILLY' O'BRJ:EN, P.C. , f I: , ~ . \1., =u~. 1.~'''.'''':: "I- "">o",'r ,,'- r('t, ";~'n' -:;~~...,~ ":~~'~ ' :_;:-.,<'t~ . ,. "c""l . j - '';''''..."'''' j:.:.:j ," '," iC' -.;, :i ., \"'. . ' L" --..; 1 " . -"~, .,'. >'/,:..-.<:...." "";:.-;"'1. , ,':'. ,..'-" .;" "1'~;:sfi;"Y~"" , .,- ;:<,!---" .~ ~-,~,~,._...,. .....,."':- '. ~.]~{::.t:'~J :~_:;~j~~~~~~r:,~~~~>:~,~,~~~~I~:~:f~' ,", - f .. _, ._.....~~..c """,<;"",,...-.~<~,...- IN TBB COURT 01' COHMON PLBAS CUHBBRLAND COUNTY, PBNNSYLVANIA KRISTINA HOOK, Plaintiff, . . . . v. : No. 94-2119 PATHHAJUt STORBS, INC., CIVIL ACTION -- LAW Defendant. STIPULATION It is hereby stipulated by and between counsel for the plaintiff Kristina Hook and counsel for defendant Pathmark stores, Inc., that, in lieu of a formal appearance at the motion hearing currently scheduled for Thursday, November 7, 1996, defendant will provide adequate responses to interrogatories Nos. 18 and 20, which were the basis for plaintiff's Motion to strike and Compel More Complete Responses to Plaintiff's Interrogatories. -' ,)' ,_/ ,;~-_.. ,/ --Ii?'" J :.- I /t _f' I.).....y . ~,I:"'--' ROBERT TINTNER, ESQUIRE Fox, Rothschild, O'Brien & Frankel 2000 Market Street 10th Floor Philadelphia, PA 19103 (215) 299-2710 /<2--. {/L- ~TRICK LAMB, ESQUIRE Marks, O'Neill, Reilly & O'Brien, P.C. 1234 Market Street Suite 1910 Philadelphia, PA 19107 (215) 564-6688 ..; .'- '~ ~, ~' -' ," .'.', <:>:. " :;'. "',' ,; '.' " ". . "i,h.:\ . . . ~ '. ,- ~, +,'" , . , ..;~~t~~ ...}' ;;~I?N~":. " ;";.,J~ "-5"i~~. ".: ' '" , .... ;''''. ...,. ,~.:, " .. ,.:',", : .n, .::.: ;, ":':":" ,'- ,. "",' ',"", '" t,:::.,ot= ~ftttL . " ' <gSNO'l:- \ pt\ 3' oi' . ....~.,' ,'i,;'" .'. ,," ,:':.'Y~: .b . .' . "i ',1';" , " ..:~r i " .. ":' .':;.'; ,{,',!:.}:':, ' , .':'::.:" :;:,~;,,:: ,> :;':, ',.; ~:'''..,. ,";,:i'~~:" ;,.,;"".:: .:.".: .'. :,.,5.,.:})' '.;" .;',f ,'r:' ;.~,.:, (;)7;;. .' :. '..', ;:; ;::,l ",';'" :><::. ;:;,;" n, 0" o;;!,,~t ~f'- ~ ,,:',:. .,.-,:.:",,::, r:\;<~: ;;'::: j:: ;:< '51; : " ,'...: ," .;cr' ,.. .'. 0'" ~ , '"" ,:.;,,;':,:,:::t', ;:'... ~::..!,:.;;,' .,' :,' ',.' :~:,:..; ii':.:: ,......' :'" .,...:,>; :;.,' , ';:>' 1:':: ;}i:.,.'. ') .,' ,:: :: ;, ....' .:' \' -, ..,' H','.'.. :I;, .;;,:,.;.., ,:. ',:J "~,'~:/:'~,,:, ;.,/,;,., ; ~~i~', <: ;.,:';,: :,":;:',.," ' :,: :' ":;'" :"'<" ':." ""~~';{ : ,,~\:;;, ,.'... :.:::::~ . ','.Ie ..." ,'" . ,. -' " "";.::t{i' ':, ~,.,. ..,,: " ,'. .' ,,:.}.'7c, ' l';'; ,',' ';. "":,;,, ;' ,'~'~,' .:' .' .}i '. f "., ;';;;"'i.<' "i' ,';:.'>:'...:.. .::,.:..<."':' } '::,'. ;:t.':~~ .,;,:~".:':.\: ,:'> ..,>1. ;,.,:..... ,'..' ;", ' -,,: .., ".' '::::, ':, ,.,' "', , ' ' .... ;' ' " r~;j~~~'~~ C:,',' :"", '.,' ,i'>' ':.i ..:.::,}~) ;:: ;,;:,,~:,:,'" ",:...,.:, ',:,\ ;. ,,',;:L: .,~'. '. .;;.;.,.,:' ", ;'ii';,:" ,. ,,3;:~::" -.! ;~:'i,i-J;~~'::' ~" .F~~'; r :;:";~:~)fl , ......" ." .' ". :. <, ' ; ., .'- ,.. , " .c:, '. , ",'\1; ir~:; ...." " ..,....: ,F.;:, :;;' C,';,: '~,. ,. .., ..: ,:.',' " : " ,'. "1 - :,'.",,;, ';:"'"i . " , ,J . .~..) ,\;,~,::,'~ ''':'''~",,~ 'll~ .' , ,; ',:' ". ..."..-.- ,,,:j . ",: . -"'. ':':'.' . -.~"-' '.... .'--- -"< .,.... ~, "", '. , ,t"~;. .,-<",-.:".,. i"".., .~ .' ,~E~ ;;, ; 'Ii 1~""; ~" 'T ' rv"''' , . ~:\ l< ,j, :- .' ",'; . "-,," ", ~'.. -.......~.,. ,"'..- ;~."''''<. ," . - "---"''''' ~ "" ':"-4."1f~ -4 # ~1~1,H ':' ~if~~\ ~; . .< !~. "'", k .}.;, f~~ -, :7 ~~~'. if', it ,.f, ,.., r:' ,,'J, ~l< ""';"')< ~"~;?:5:~::' ,}':~"~f;"," .(~~t:~:~; ?j,\ :~ _ ~tf:: ~f; ~~~~h~,~ ,~~i{: "',. "fC' .-.:., ~~~~~t;r ; <'" KRISTINA HOOK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-2119 CIVIL TERM vs. PATHMARK STORES, INC. Defendant CIVILACfION - LAW IN RE: PLAINTIFF'S MOTION TO STRIKE AND MOTION TO COMPEL ORDER AND NOW, this II,' day of September, 1996, argument on the within motion is set for Thursday, November 7, 1996, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 4J.- Joseph Smukler, Esquire For the Plaintiff Patrick C. Lamb, Esquire For the Defendant - ~m,<~.I... q/,'1/"tp. ..6.lf . :rlm I - . /..', ::.. , Filt=D-OFACE rr- -, ". ""~-'r. ,.......'';'''n\1 ~. ., - - . ",', ".j' , (l.' "~('I/' ,. II' I ~ ..-\) .1;'. l.':". . "'" Cu.";~'_:.0,'.", \~..-...Ji\I;Y FENNSYL\WM .. :-.. <:II :-: (I" .... <'\: t.,- " IlJ!") (",:, -, ..-) .- f'" ' .J,;... J"_7 ;.,. II,.. , 2/ . ." ", ~~ ;"-1 .- (rh", f>., ~<} , ~ .',- u.. , t :t'ij i . ''"- /. " t..; '. ~:..) ,. (.) 9 -- ::r:~-l ~ifi~ g:2~ ~btf ~ LL. " L ~.. ~N .... ~M wQ ~! ,,~ ~~ ,,~ ~- un ~o. w~ ~w ,,0 ~:5 <- . 00. o o N . . ~ . , .. .' , . .t1- ~ I;" . .. . ~ . \, "-. ~~>,J IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KRISTINA BOOK, Plaintiff, : . . v. . NO. 94-2119 . : PATBMARX STORES, INC., . CIVIL ACTION - - LAW . : Defendant. : ORDER AND NOW, this day of , 1996, upon consideration of Plaintiff's Motion To Strike and Compel More Complete Responses to Plaintiff's Interrogatories, and any response thereto, it is hereby ORDERED and DECREED that plaintiff's motion is GRANTED. Defendant's responses to plaintiff's interrogatories Nos. 18 and 20 are STRICKEN. It is further ORDERED and DECREED that defendant Pathmark Stores, Inc. serve full and complete answers, not objections to plaintiff's interrogatories Nos. 18 and 20 within twenty (20) days of the date of this Order. BY THE COURT: J. ~ -< . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KRISTINA HOOK, I I Plaintiff, I I v. I NO. 94-2119 I PATHMARK STORES, INC., I CIVIL ACTION - - LAW I Defendant. . . PLAINTIFF'S MOTION TO STRIKE AND COMPEL MORE COMPLETE RESPONSES TO PLAINTIFF'S INTERROGATORIES Plaintiff Kristina Hook ("plaintiff"), by and through her attorneys, Fox, Rothschild, O'Brien & Frankel, hereby moves this Court to strike the objections of defendant Pathmark Stores, Inc. ("defendant") to plaintiff's interrogatories directed to defendant and to compel more complete responses to those discovery requests, and sets forth the following in support thereof: 1. This is a personal injury action to recover damages for injuries suffered as a result of an incident in which a box fell off a pallet in defendant's supermarket and struck plaintiff on her left shoulder, neck and the small of her back. 2. On June 24, 1994, plaintiff served defendant with interrogatories. A true and correct copy of plaintiff's interrogatories directed to defendant are attached hereto as Exhibit "A". 3. On August 9, 1994, defendant served its responses to plaintiff's interrogatories. A true and correct copy of defendant's .' "I responses to plaintiff's interrogatories are attached hereto as Exhibit "B". 4. In their responses to plaintiff's interrogatories, defendant made the following objections: Interrocratorv #18 List the name, address, job title and employer and a synopsis of the sub~tance of the anticipated testimony for each of any individuals who you intend to call as a witness in the trial of this matter. #20 List and identify each document and tangible item that you intend to introduce into evidence or use as an exhibit in the trial of this matter. 2 Ob1ection Objection, this interrogatory calls for privileged information and additionally is premature at this stage [sic] of the litigation. By way of further response, see attached incident/investigation report and statement of Bob Smith and John Broscious. Objection, this interrogatory is premature and concerns trial preparations tactics and is privileged because it concerns trial preparation tactics. By way of further response and without waiver of the foregoing objection, see attached/ incident/investigation report, handwritten notes of Bob Smith and John Broscious. Answering defendant reserves the right to supplement this list and to introduce any and all documents reserved by the plaintiff to this matter. ., .._".._'u.,_ .. ...,.,.,__...'......n_ .._d"...."',..,_~"" -.--- ... s. The Pennsylvania Rules of Civil Procedure entitle a party to obtain discovery regarding any non-privileged matter which is relevant to the subject matter of the litigation. Pa.R.C.P. 4003.1. 6. Defendant's objections are improper given that the information requested by plaintiff is not protected by the attorney- client privilege. 7. Further, although defendant has reserved the right to supplement its responses to plaintiff's interrogatory #20, defendant has failed to provide the information requested by plaintiff, having had ample opportunity to supplement its responses to plaintiff's discovery requests. 8. To date, defendant has failed to supplement its responses to plaintiff's interrogatories, Nos. 18 and 20. 9. Pennsylvania Rule of Civil Procedure 4006 permits a party to move the Court to have an objection to an interrogatory stricken and to have the interrogatory answered. 10. Pennsylvania Rule of Civil Procedure 4007.4 requires that a party supplement its responses to interrogatories where the identity and address of a witness is requested and where the responses were not complete at the time that the responses were made. WHEREFORE, plaintiff Kristina Hook respectfully requests that this Court strike the responses/objections of defendant Pathmark 3 Stores, Inc.'s to plaintiff's interrogatories Nos. 18 and 20 and compel defendant to provide full and complete responses to plaintiff's interrogatories Nos. 18 and 20. ~f~ ~. JOSEPH SMUKLER, I.D. NO. 13602 THOMAS D. PARADISE, I.D. NO. 52855 FOX, ROTHSCHILD, O'BRIEN & FRANKEL 2000 Market Street, 10th Floor Philadelphia, PA 19103-3291 (215) 299-2000 Attorneys for Plaintiff KRISTINA HOOK Date: July 24, 1996 4 ,c_~.:. I . t ~.,-';..' '"f};!.'\~ , .'7',- .-, -'" '"'I '-.- I J Exhibit A. "?'I"":'.;:~"'."c".' ~.- i. I. .f '~', ; i~' - ','I" C j~'"-- ' . ' " ".~ r.....".''1."1 . .1 1 ,} ,:'f I i i :'1 , '1 , . ,,',-,,:. @........ " \ , . . -- , , ,. '. ( .... ~ """"" r__ ' ..... 7 L, KRISTINA HOOK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Plalnllff NO. 94-2119 v. CIVIL ACTION - LAW PATH MARK STORES, INC., JURY TRIAL DEMANDED Defendant INTERROGATORIES OF PLAINTIFF DIRECTED TO DEFENDANT To: Pathmark Stores. Inc. . Defendant Patrick C. Lamb, Esquire - Attorney for Path mark Stores, Inc. MARKS, O'NEILL, REILLY & O'BRIEN, P.C. 1234 Market Street, Suite 1910 Philadelphia, PA 19107 PLEASE TAKE NOTICE, that pursuant to the provisions of Pa. R.C.P. Nos. 4005 and 4006, at seq.. as amended, you are required to file the original of your Answers and objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be Inserted in the spaces provided following each Interrogatory. If there Is insufficient space to answar an Interrogatory, the remainder of the Answer shall follow on a supplemental sheet. The following definitions are applicable to these standard interrogatories: "Document" means any written. printed, typed, or other graphic matter of any kind or nature, however produced or reproduced, including photographs, microfilms, phonographs, video and audio tapes, punch cards, magnetic tapes, discs. data cells, drums, and other data compilations from which information can be obtained. "Identify" or "Identity. means, when used in reference to .. (1) A natural person. his or her: (a) full name; and, (hi present or last known residence and employmont address (including street name and number, city or town, and state or county); ( (21 a documont: (01 its dosl:ription (o,lI.. IOllor,molllurnrHhull, ronOl!. otc.l, titlo, ond .1... . (1I1 its suhjn<:tlllollnr: Icl its lIulhur's identity: (dl its addrossoo's idontity: and, (el its present location ond ils custodian's idontity: (31 an oral communication: (al its date and tho place where it occurred; (bl its substance: (c) the identity 01 tho person who made the communication: and, (d) the identity 01 each person to whom such communication was mada, and each person who was present when such communication was made. ,I. (4) a corporata entity: (a) its full corporate name: (b) its date and place 01 incorporation, il known, and, (c) its present address and telephone number; (5) any other context: a description with sufficient particularity that the thing may thereafter be specified and recognized, including relevant dates and places, and the identification of relevant people, entities, and the documents. "Incident" means the occurrence thatlorms that basis 01 a cause 01 action or claim for relief set forth in the Complaint or similar pleading. "Person" means a natural person, partnership, association, corporation, or government agency. These Interrogatories shall be deemed to be continuing in nature, in accordance with the provisions of Pa. R.C.P. No. 4007.4, et seq., as amended. If, between the time of the liling of your original Answers to thesa Interrogatories, and the time of trial of this matter, you or anyone acting on your behalf gain knowledge of discoverable facts and the idantity of persons expected to be called as witnesses (non-expert and expert) not disclosed in your original Answers; or, if you or an expert witness obtain inlormation upon the basis 01 which you or he knows that an Answer, though correct when made, is no longer true, then you shall promptly supplement your original Answers under oath to the undersigned. HANDLER AND WIENER By W. Scott Henning, Esq. 1.0. #32298 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 (717) 234.8031 Attorney lor Plaintiff ...', " ( 1. State the name and addross 01 lho ownor 01 Iho starn known as Pathmark . Camp Hill Shopping Con tor, Camp Hill, Cumborlnnd County, "","'.;vlvnnitt ,1 whi,:h Iho fllninfirr'r; il,il,d,.." f"~'" """, nit n,..",h"r 7, 1 ~Hl7.. ,. 2. State whether there were any employees of the Defendant at or near the scene of Plaintiff's accident. If so, for each employee state: (a) His/her name and address: (bl His/her job tille: (cl A description of his/her duties: Cd) His/her location at time of the accident: . 3. State whether an Investigation was mado bV Delendant or any 01 Its agents. representatives or emplovees as a result 01 the accidenl claimed bV lhe Plaintiff. If r,1Ir.h an invesligation was mado. aUach a copy 01 oach invostigollon roporl to your Answers to theso Interrogalorios. .' ,. 4. State whether any emplovee. egent. or representative of the Defendant made a report of the incident: and. if so, for each such report. state: (al The name, current job title and address of the person who made the report. (bl The date and time it was made. (cl The name and current address 01 the person to whom it was made. (d) Whether it wes written or oral. and II written. the name and current address of the person with custody 01 it. 5. Stole the nome, current address and curront employer 01 any and all employees who come to the aid 01 the Ploinl'" or who had any conversations or conloct wilh the Plaint'" at the lime 01 the alleged incidont. ,.. 6. State whether the Defendant, or any agent or representative of the Defendants, has conducted any surveillance of the Plaintiff any time from the date of the accident up to the present time. :... ~"1f:f.:i7;~:,*i,W?"~. .' ( 7. If lho Answor 10 Iho provious Intorrogatory was in Iho affirmative, kindly idontify tho person or Ihe agency in the employment 01 llle Defendant to conduct such o;wvllillnllf:Il, ,. 8. State whether photographic pictures or videotapes were taken of the Plaintiff during such surveillance. If so, slate the date, time and place where the photographs/videotapes were taken. ,.. ( ( 9. State whother thoro was a policy or insuranco lhat covored tho Dorendnnl on tho date of tho accidont against the type or risk allogod In Plaintifr's Complainl. 10. " the Answer to the preceding Interrogatory is in the affirmative, for each such policy state: (e) The name and address of the insurer. (b) The number of the policy. (cl The effective dates of coverage. (dl The nature of the covorage. (el The limits of liability. ( 11. Slole whother the Defendonl or l1ny agont or ropro~ontativll has any pholographs or diagrams relaling to any mOiler concerning Iho accidollt. and if so. for oach such photograph or diagram SIOle: (01 A descriplion of whal it dopicls. (bl The nomo, current address, and occupalioll of Iho person who look il or mode il. (c) The dOlO. limo and place il was lokon or made. (d) Tho nnme alld curronl address of Iho 'lor SOli who has CUSlody of it. ",. 12. State whether any statements concerning the accident were obtained by the Defendant, or any of its employees, agents, or representatives from any person having knowledge of the accident, and, if so, for each such statement, state the following: (a) The name, address, occupation and name of the employer of the person who made it. (b) The name, address, and occupation of the person who obtained it. (c) The date and time it was obtained. (d) Whether written or oral, and if written. the name and address of the person who has custody of it. (In lieu of answering this Interrogatory. kindly attached a copy of each written statement to your Answers to these Interrogatories.) ( ( 13. Identify each person who has any knowledge concerning the condition 01 the area where the accident occurred immediately prior to the Plaintiff's accident. ,. 14. Describe in complete detail each action or activity 01 the Plaintiff of which you are aware relative to the alleged incident, both prior to and after the accident while the Plaintiff was on the premises of the Pathmark store. And with respect to each action or activity state the name and address of the person who has knowledge of the same. ~~ .-,.'...._k.....'."_., ( 15. Stato fully tho substanco of oach and any convorsotioll which took placo aftor tho Incldont botweon tho Plainliff and any omployee. agenl or represelllalive of the Defendant. and if any such convorsalions took pia co. slato tho nOll1o of tho individuals between whom such convorsations took placo. 16. If it is your contention that the Plaintiff. by any act or omission. caused or contributed to cause the incident giving rise to her injuries, please state the nature of such act or omission. and the name and address of the person who has first-hand knowledge of the same. .....-<.-,' .' ( 17. Please state tho names and addresses 01 all monRgors on duty in tho store on Iho doto and timo 01 tho Plointill's occident. Rnd SiR to whothor sRid indlvlduols mo slill omployed by Pathmork. ",. 18. List the name, address, job title and employer and a synopsis of the substance of the anticipated testimony for each of any individuals who you intend to call as a witness in the trial 01 this matter. ( 19. Stato whothor thoro aro any omployoo rules or rogulations portaining to tho stocking 01 sholvos and tho handling 01 merchandise in the Ilublic areas 01 tho sloro. and il so. slalo tho substanco 01 such rules or regulations. 20. List and identify each document and tangible item that you intend to introduce into evidence or use as an exhibit in the trial of this matler. ',. . I / KRISTINA HOOK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 94.2119 v. CIVIL ACTION. LAW PA THMARK STORES. INC., JURY TRIAL DEMANDED " Defendant CERTIFICATE OF SERVICE On this day of June. 1994, I hereby certify that an original and two copies of Plaintiff's Interrogatories to Defendant was served upon the following by depositing in U.S. Mail; Patrick C. Lamb, Esquire MARKS, O'NEill, REillY & O'BRIEN, P.C. 1234 Market Street. Suite 1910 Philadelphia. PA 19107 HANDLER AND WIENER Date: By W. Scott Henning, Esquire 319 Market Street P.O. Box 1177 Harrisburg, PA 17108 (717) 234-8031 ATTORNEY FOR PLAINTIFF JY'::~;;,Jj~'):~-,~ t(i" _:':'~''t;.-:':, i',. ....,.:_ ' ~ .,' "'\ .....,- exhibit B ':::~>;~r;''R'-'''#J "'.'0"".'" "'-'-~)--.'."'.-"-'<' ^.-o'__'''';'.'T~.',_... ,).:';,1 , , \ , :, 'I 2 i J ,~ Ii < .. @OI1:)&'" " \ ,. .~ ,~~ .':..- '..'......- ., . " I, " ( MARKS, O'NElu.., REILLY &: O'BRIEN, P.C. BY: PATRICK C. LAMB, ESQUIRE IDENTIFICATION NO. 70817 1234 MARKET STREET, SUITE 1910 PlDLADELPBIA, PENNSYLVANIA 191fYl (215) S6<t 6688 064-37631 ATrORNEY FOR DEFENDANT Kristina Hook COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL DIVISION #, vs. Pathmark stores, Inc. NO. 94-2119 DEFENDANT'S RESPONSE TO PLAINTIFF'S INTERROGATORIES GENERAL OBJECTIONS Answering defendant generally objects to each and every interrogatory which calls for admissions on the part of answering defendant that an incident involving plaintiff took place or that plaintiff was injured in an incident on about answering defendant's premises. This objection is ongoing and is not waived by any responses answering defendant may give to these interrogatories. By answering these interrogatories, answering defendant in no way admits that an incident involving plaintiff occurred or that plaintiff sUffered any injuries as a result of any incident on answering defendant's premises. MARKS, O'NEILL, REillY & O'URr[N. P,C. ';11111' 1'11n . I;".. MM1"'Tf ""wry. PllllAPr'PllIA f>A 1'11(\' ""'1 . . ( (' -:' 1. Answering defendant controlled and maintained the premises on the date of the alleged incident. 2(a-d). See attached incident report. 3. Objection, this interrogatory calls for privileged information including attorney/client communication and mental impressions. By way of further response and without waiver of the foregoing objection, see attached incident/investigation report. 4(a-d). See attached written incident/investigation report. 5. See attached investigation report. By way of further response, answering defendant's investigation into this matter is ongoing. 6. Objection, this interrogatory calls for privileged information. By way of further response and without waiver of the foregoing objection, none, 7. See response to 16. 8. See response to 16. 9. Answering defendant is self-insured for purposes of this litigation, 10(a-e). N/A, see response to 19. 11(a-d). At this time, defendant does not have any Photographs or diagrams relating to any matter concerning this matter. 12. See attached handwritten notes of Bob Smith and John Broscious. 13. See documents attached, including incident investigation report and handwritten notes of Bob Smith and John Broscious. 14. See attached incident/investigation report and statement of John Broscious and Bob Smith. All employees of answering defendant are to be contacted through counsel for answering defendant. MARKS. O'NEill. R[lllY & O'ORIEN, P C. folltl[ 1'110 . 1;;t-'.. MAnKf' !'tlllffl . Illtll Alln PillA rl", IfJtnl.1n, ". - . ( 15. See attached incident/investigation report and statements of John Broscious and Bob Smith for all conversations between plaintiff and any agent which are known to answering defendant at this time. 16. Yes, plaintiff failed to take care and maintain an awareness of her surroundings. 17. See attached incident/investigation report. 18. Objection, this interrogatory calls for privileged information and additionally is premature at this state of the litigation. By way of further response, see attached incident/investigation report and statement of Bob Smith and John Broscious. 19. Answering defendant does have a grocery manual, relevant portions of, which will be made available if requested. 20. Objection, this interrogatory is premature and concerns trial preparations tactics and is privileged because it concerns trial preparation tactics. By way of further response and without waiver of the foregoing objection, see attached incident/ investigation report, handwritten notes of Bob Smith and John Broscious. Answering defendant reserves the right to supplement this list and to introduce any and all documents reserved by the plaintiff to this matter. MARKS, O'NEILL, REILLY & O'BRIEN, P.C. L. / /:/. BY: /'~' '.- " (r..'"' PATRICK C. LAMB, ESQUIRE Attorney for defendant MAFtKS, O'NEill, REilLY & O'ORIEN. P,C. ',11111" 1'IHl . 1:'1.1 ',tAUI<TT o;'urn . PUll Ann PIllA. PA tQln7.1nl '..., .... ,~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ltRISTINA HOOK, I I I I I I I CIVIL ACTION -- LAW Plaintiff, v. NO. 94-2119 PATHMARlt STORES, INC., . . Defendant. MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO STRIKE AND COMPEL MORE COMPLETE RESPONSES TO PLAINTIFF'S INTERROGATORIES I. PACTUAL SUMMARY This is a personal injury action in which plaintiff Kristina Hook ("plaintiff") seeks to recover damages for injuries which she suffered when she was struck by a box which fell off a pallet in defendant Pathmark Stores, Inc.'s ("defendant") supermarket hitting plaintiff on her left shoulder, neck and the small of her back. On June 24, 1994, plaintiff served defendant with a set of interrogatories, a true and correct copy of which are attached hereto as Exhibit "A". On August 9, 1994, defendant served its responses to plaintiff's interrogatories, a true and correct copy of defendant's responses to plaintiff's interrogatories are attached hereto as Exhibit "B". In its responses to plaintiff's interrogatories Nos. 18 and 20, defendant made objections based upon privilege and stated that plaintiff's interrogatories were premature. Plaintiff has now moved to have defendant's responses stricken and to compel more complete responses to plaintiff's interrogatories Nos. 18 and 20. --...-... -.. l, v II. ARGUMENT In Pennsylvania, an answering party must provide responses to a party's interrogatories within thirty (30) days of service of the interrogatories. Pennsylvania Rule of Civil Procedure 4006(a) (2) provides: "The answering party shall serve a copy of the answers, and objections, if any, within thirty days after the service of the interrogatories." Pa.R.C.P. 4006 (a) (2) (1996). Pennsylvania courts liberally construe the discovery rules of the Pennsylvania Rules of Civil Procedure to allow full discovery. ~ Bair Estate v. Harrisbura Hunters Ass'n., 5 Pa. D.& C.4th 545, 548 n.4 (1990); Smith v. Auto Club of Southern Pa., 4 Pa. D.& C.4th 309, 308 (1989). The Pennsylvania Rules of Civil Procedure provide tnat: [s]ubject to the prov1s1ons of Rules 4003.2 to 4003.5 inclusive and Rule 4011, a party may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action . . . It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. Pa.R.C.P. 4003.1 (a) and (b) (1996). Moreover, Pennsylvania Rule of Civil Procedure 4007.4 requires that a party supplement its responses to interrogatories where the identity and address of a witness is requested and where the responses were not complete at the time that the responses were made. Defendant in this case improperly seeks to avoid its obligation under the discovery rules of the Rules of Civil Procedure and to 2 ^..~~,,_......... -.- .. . ... hinder plaintiff's discovery of the facts relevant to this action by objecting improperly to selected interrogatories and by failing to supplement its responses where required to do so. Under Pennsylvania law, the party objecting to discovery requests bears the burden of establishing why the information sought is beyond the scope of discovery and should, therefore, be refused. Schwab v. Milks, 8 Pa. D.& C.4th 557, 558 (1990). Here, defendant is unable to sustain this burden and, therefore, defendant's objections to plaintiff's interrogatories should be stricken. Specifically, defendant, in its responses to interrogatories Nos. 18 and 20 in August, 1994, objected to plaintiff's request for information related to the anticipated testimony of defendant's witnesses and exhibits at trial based upon privilege. ~ Exhibit "B" at Nos. 18 and 20. Defendant also stated that providing plaintiff with its witnesses and exhibits for trial was premature, but reserved the right to supplement its response to interrogatory No. 20. Defendant has failed to substantiate why the requested information is privileged and can offer no support for a position that defendant's witnesses and exhibits at trial are in any way protected by the attorney-client privilege. See Schwab, supra. Likewise, defendant, after providing its responses to plaintiff's interrogatories, has failed to supplement its responses and has prejudiced plaintiff's ability to prepare this case for trial. 3 ,-""_"",_"",,_"'_~_''-_~'.-,,...-;.,.v. ...~....,;..,."""-'" ...,.,. ". ..... III. CONCLUSION For all of the foregoing reasons, plaintiff Kristina Hook respectfully requests that this Honorable Court grant its motion to strike and compel defendant pathmark Stores, Inc. to provide more complete responses to plaintiff's interrogatories Nos. 18 and 20. Respectfully submitted, r-~~ J < JOSEPH SMU~ER,-I.D. NO. 13602 THOMAS D. PARADISE, 1.0. NO. 52855 FOX, ROTHSCHILD, O'BRIEN & FRANKEL 2000 Market Street, 10th Floor Philadelphia, PA 19103-3291 (215) 299-2000 Attorneys for Plaintiff KRISTINA HOOK Date: July 24, 1996 4 "'.h~",,.~,_.. f.,.,.......,..'c.",;. j,... ..,' ...,''''''..:'''',..,....~ :-:,;m~J;'T,jt"'~'jJl.d.l """ ....,. ..... CERTIPICATE OP SERVICE I, Robert S. Tintner, Esquire, do hereby certify that a true and correct copy of the foregoing Plaintiff's Motion To Strike and Compel More Complete Responses to Plaintiff's Interrogatories was served on this date, via U.S. first-class mail, postage pre-paid, upon the following: Patrick C. Lamb, Esquire Marks, O'Neill, Reilly & O'Brien, P,C. 1234 Market Street, Suite 1910 Philadelphia",PA 19107_1 ~~~:F' ~T S. TINTNER; ESQUIRE ,.;J Date: July 24, 1996 .._...........,.....,-, -"~""",,-.,,i PRAECIPE FOR LISTING CASE FOR TRIAL (Must be lypewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: (Check one) ( x) for JURY trial 01 the nexttenn of civil court. () for trial without a jury CAPTION OF CASE (Entire caption must be slated in full) KRISTINA HOOK (Plainlim (check one) (x) ( ) ( ) Civil Action - Law Appeal from Arbitration (other) vs. PATH MARK STORES, INC. (Defendant) The trial list will be called 0 and Trials commence on Fehruarv I. 1999 Pretrials will be held on Januarv 13. 1999 (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.) No. 94-2119 Civil Action-Law; 1994 Indicate the attorney who will try case for the part who files this praecipe: Thomas D. Paradise. Esquire Indicate trial counsel for other parties if known: Patrick Lamb. E~S . ~/:.:':: This case is ready for trial. Signed: _ __ --- ~. Print Name: Thomas D. Paradise. R'quire Date: 12/1./f6 ( ( Attorney for: Plaintiff - Kristina Hook x. .'-... d"'"' . ,,' ',-~' '-" _ _., ;~,'~. _ ,~ . .:::}~~i;; ~:rj~%;:~if~~:~~~<: - - -..~ 'Y,.,"_ ,I ~ '~I~""I''' ""~'''l'It;~.,~,. ~/,..tL':,-,:C:' "',,~~1/"-';:,-J.:::: t ~.~~.)r'''Ii:.:-~j. ,'j i\:." ,,~.dfN.tt.'l!.f},..Jj?~~,-:'~"i,':""'~;\1fA i. ,,' .:..' "1i:.:'~~'::~lfr~~1r:}:;'(~1'~:":/:; : ", '~'- ~'11:;'1-;"~it-:4'_1"'';:~~':;'1' . .' :. -~ij-~-'~$ f\ "j-;:' J;tj;;.....;,. \,__ A .fOt,' " i, f<,~ t\:.f:f~\'t ,~. '", r' ~ '.'. t:4 ' - ,- _ "" ..," "... , . 'r .! ~l';b )-'i'~' " ~';. ~~'11 ,..., . " _ 4J i'~'~ -. :'~ .~;:'~>'t[" ' ~ ,." ':;;.. .J~' 'I'~ ,i;.'::::(~'.' ' . 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':<:'~ki,,<'<~t~~:~:':"~l;i'!:~:}:~i' , ", ',~~' ~;, - .' ; )~E" ,.<l~;"J'~;~:'~'~'~; -, ~'i:':/'~.::::';:,,"..... /;,~. ,'if, ..', ".,., ", .""" .., .. >, .. l'~ '., ~"." ~.~ , 't;- > 'n' ~ ;-"'f.... "~~' '.' Jr. -;::; ,'", 4'1'. j ", ~ '.~ ""fl' ". ~. ,,' . .;~:> ::~ :~.: ,~!::y~ -j,::,~-~;(;~{;. " '~'ij::'" :,~}:,:;;. "<'.':~'~ " ", -,;'f~' ~ ....I;.-t.l.t~ ~<'; ft'-".,~'T,;.- < .' ~':_:, ~ ~:Z:-:-'f~~~~~';{!lr~.'~.'-:,c~ :~~~~~"~.-, ~'~~.~~ - "'~,:-_ ~ 1 . "1._~"",'rJ, .., l} '\7 ".-o~~) ~", .;. , J ~ .;~;-,:' 'l' _~~~;'\;::vl,t::~O-~' :'~::::,,~~:1;;';;;'~ ,:'~'~..';S , r., .;"f1il..'<'i'., ..;:~,.", ,'~~"f~i""'I''[:, ~<_..~..." f-a\ " "u . ,,'; M ~"- ~~'" .(, _ " -i j ': -,."" ;:'-'~ "t.. ,~tJ~ -~:".jl-:' \,'~\~1~ " ,~:~..~'~ ~{~ .'" '1".J!'J')"'.;~.;,e ...":..~ :L"'<J";;. ""'~' "';' y- ';-~'k'1-{' "'..;7 . f -~~.~? ~:} -..';".':. . .o\~ ~, .;:..!~' ':'.l1:,l~'I' ',~--' lCl"', r, 'f.' ,: u-;_ :'k:~f",;~ -:!.~,",~...."Jr"'" -i~y.;:,~"",> ~"':;',' ~ -- ~~ ,'" "Oi . ': ',,,,', ;~,:;,~"i~';!~::: fir. '.:.': ...; . i-- !iI'" ~,-tJ:l~. ~\'" A~'!i '7.;~",1 ~ .( ~,. ~,- ',.~: .1'-); ZHJ...2:-';.!:l}l' , , ,.,,~ ,- .~-1 .-,~. ....~.:i-:~1~,)' , j ~-~ - ., '"~'~""''t~ f) ...." .... ~, ','" I ,;,' ,..~..:;,,~,I'~T'''.';:'" .i.i'. ',{' ': ""f'.::' \1' ~- "", l'\'X' ' ,";., ;'',-.. +,':'.' ;~r' 'l "1; , ,,~. ~~ ,; ',. .. - ~~~'>' . ". ~{..r~:,. l EQ-OfFlCe ",. ,. .. "~llF"'''''w",,''''''''^1'I\I ot.1r::"",,!,I,~"'I.''''il'' .. '". ::' "'.:>H.' .... ;.' ..' .", ., , .;,' : 0' .980EC~4' rfi2: ?8, "I '~'.,ico'U;;""Ei'" ""'0.' rO:JNTY '~. ~1\J 1U.,.. v . \,:. ,PENNSYLVA~lt\, ,,' ',!, "".~ '. . ." .'. "."rc'.. 'J~;' ' .. .' ~< ',:.r ..',~ '. " ".."""', -"<' ""K . .,., "~/ ~;,.(;. : '\'~'; ::i,~ ,:,.' , ~, " '.. ~ . .::.:.':'...,.:' "1 '. ':',~ ~~,~-~~~"~~7~~:?"~ ': '~'. , ~ "...,...".,.......-.' '"':lll'!'!~T''~''.''''' ":~.-,,""',~<, ... ..- . '" .p. ~,' ..,."......,...~p;;,j;!~;(."T.. " '-,.1~;:Ui,:.t'~~t:~"!.': '" ...~'f 0;J; l',; ..., " ,,~ '. >.,.,. ,'~ :.?:':~:t~i3,1:~~!~~~:...;~~i1<.~~,~\~'1js.;[;.:rl,:'~:'~<~L"'~:~~':'1:" ...-'...T 19. KRISTINA HOOK v - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PA THMARK STORES, INC. : NO. 94.2119 CIVIL TERM ORDER OF COURT AND NOW, January 7, 1999, by agreement of counsel, the above- captioned matter is hereby continued from the February 1999 trial term. Counsel is directed to relist the case when ready. By the Court, Thomas D. Paradise, Esq. For the Plaintiff Patrick Lamb, Esq. For the Defendant Court Administrator :bb n-.cv.L..c.\ CO ~ ( e..S ,- 1\- "'t ,11 " , .,."" ,. .J .::: .to '" _ -' ..... ".< \.- . (" '" 11.1 (J ....... ,.~~.._......:r~.-:;....',..." ':~.', -.... ~.J -'-",-.....' tJ i.': PRAECIPE FOR USTING CASE FOR TRIAL (Must be lypcwrillen and submilled in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please Iistlhe following case: (Check one) (x) for JURY trial at the nextlenn of civil court. () for trial wilhoul a jury CAPTION OF CASE (Entire caption musl be stated in full) KRISTINA HOOK (Plaintiffl (check one) (x) ( ) ( ) Civil Action - Law Appeal from Arbitralion (olher) vs. PATHMARK STORES,INC. (Defendant) The trial list will be called on AUiust17.1999 and Trials commence on Seotember 13. 1999 Pretrials will be held on Au~st 25. 1999 (Briefs arc due 5 days before pretrials.) (The party listing lhis case for trial shall provide forthwilh a copy oflhe praecipe to all counsel, pursuant to local Rule 214.1.) No. 94-2119 Civil Action.Law; 1994 Indicate lhe allomey who will try case for lhe part who files lhis praecipe: Thomas D. Paradise, Esquire Indicate trial counsel for olher parties if known: Patrick Lamb~' Esqu're .& This case is ready for trial. Signed: _, _ ~ /' Print Name: Thomas D. Paradise. Esouire Dale:~ AlIomey for: Plaintiff. Kristina Hook t, ~t~ "~>.',,' ',\ : .~:;~ . -\,,-,.' , ...~~;~,~.~', it\,.:,~';~~',,} ,,'\;~~,:,d: :~','t;: r '. ' ,~, ,,4- ,I,d~ ",,' ',' :::'~J :~~,'\",::',",'"";",'r<'".~,,,;,',,:',..~'~,;,',r'".'~"',','~",'::.:.,.,.,I",,,,',:,:.,"':,..,,::~ "--~'~,',':~i.;,~r,,:":11;';';'ff.,: ::~?~;-~,;~~~ff ''"'-'- ~~-':, ",'f-1f;' ':o\\' ""'11" ,-,,'fl'-~' .,..-..... ..:' ":,:'i:~, ,'.,.. ";...'>';:'~}i,/;' ,~'.:Y."~ ,.,<:, ".' ',r >~~~:~.+ .,. 1-'" :-,~~,.~.-~}~. -~. :- . ,- ,:,~;,l:,;'''',7 _-::.,.:1 . ''1d''"'~-<' ~'<" '~qj'-~l~}t) ::~::,i;2:~ :~':'~~~:{ " :Ar'", .~tl:,'~ .~,___..<~"t,_,t_ . ,Ii !f' )/';',': '.i'.;, "" -, ,',-:, :;;.:,:i~5f~~ , .f...'..,'>'" ~., "'>\':~""'''' "~If f : ~:)~i~i: {j f,(i " ti;"; 'ij ;1 · 'J:~' '::t .' ..}~1~~/ '.t_, ,;;.-. .. ,-~; '. '"f.;' -. ".' "'," .' _ ." .; .~, ~.:.~';/::._, -":;;': - ---'---.,;.'~ ~~. . ..-,. -",.~ ,.c'- flLgrOrflCE OF rur- I'POTHOHOTARY :,~;':'xA/:i.' "',-.;,' , -t,.~.; J-,,"':;,,~; ~..;;:., ;; :':'~;i ,,::,~~;J,~r, ~ : . ,,,,n ~ '_'" .'fii.-.t,;j."'5"~~'1 ,", f~,c.!t:-;:I ... ..,.. ,'1:""'~~:t.",~;~.",, ..".. ... ',$ ':c"l , _,-" .__.",,~;.~, ""};i'I", j' ~t~~/- ;~\':' <,:\(~5iM.,...:~:-,I:.';:'Si.',:':, , 1 (. fit" ..~:.\<<o;I",,~, ,"',"',l < '\\!;' ,"'." ,:. ;':...~. ":"'~"'\j)'>~';~l':~\~"'-' -_1;,~->--, :~-{il-~~;':"~-l ,+'~..\',.' ~~"',m'~''''';kh,'''''' 7 "".'ftt.r.....,'.'Att ;;r~~~;~~;~~;"~(;i;" :;.hi'~Y\~.; .',. ,f;1\~~lm?:t(.i ,.-t,:;,?:.:." J. ~'.~'-;~f.~"-~";"-' ',- :~,;: . ".;,~g~ j".,':~;fi'~' .~ '~_.,., ' X-'--'-"1"'~ I -~ ..;h ' " . 'I ".,"~ ": ..'.~~~ :~~~'~~i7':-"~~;i';~<~:~~~ <- ,~:~,:.~', ::1}- t f..... ,~~ ~A~+'i ,::",:l'."i~~' ~ >~t ';'~'.;:' l"'"~,, ej..' :(i~:.~~~~:~;,\'~"., ,:;.v~: " ~:-,'.':'> ,'::'- ~::,~~~ "." "..'.."""~"'~,,''''' """"""':f> ", ,~.., .~.'.f~i!~iIKJ; . " 'I"~l'!'" '''kt, 'i<" , .., f.! > ' ~''>+:ft :,",,}( ~;:~~::.:; ~~. ,,'l' '.~ ,:.~ ..€I~J1;:lr" ..',.~;,J~; ',_' "::_.....,...~..<. ~.!t.._.-t~', .. .'~....; ," '~'''f~.f'!~;-;~~r.'ilJ,;''_n -"':~j :,,,,-.' ::i:~~;~~::;~:;~"f;{it,,! ' ",:; :f1;-\t;'.t ,:..~ " !' 1. d f!-,...,::~..,~~dl;. '!',; i'.,,!:' , ;{-,'fr+'~," -,',~-,'>'--__'_ ",~-,--:- ~~~"j;"'"''"'-'''''.':a' ";~~~i' , . ".,'e .99 JUl- I AM 11151, '-- . 'CuMBtHLJ.NQ COUNlY :;.,;, PENNSVLVAN:A ,.' , , ~~' -.' . ..~' '" '!' ':~7 ':~ ,,: . ..':~'~,~," '.',;'3.':, I ','.;t' >.':It' .>.~~- " ,j!;'> -~--'~' . .f;."'-;'" " . 'it,. ""-. .y.;'::. ~: ;:,";, ,-, " -::"- - -~~ ",;. '. --~. \C' .";. ~.~~"'" _r "_- - .: ,', '.>,~:_; -- "( ..z,.-" i;1!.": ,~ ' """, ...-".. '. iri' " .:"'!..' " ;:'/i';. ,,:,;f' !.-,c;:."~ ~:- ~ I 'j " . ..>' :,:F-' .,....' . :J:; ',~ ' ..:".: :~~_''i. ' i,':::?; - ~r- j 'T', , ::'j. .,' -- ~-- ,.]- ~_.-........ MllillH r II llru"ili{l '~""~ '-{Ii 11 ...IiIo.-........,-~- ."-'~.~- . ~.-,.~.:"::: ": _~r-t"":l'~---.::_~~.---r- ",-,.."" 'V"~."-' ,- ......;-.. -'.. ..~~~~?};t:~?~~~~. .-~~;....~::-. :'~<': -"(: ~:~i~;{\'::Y~: ,',t .'-,,' .' , ;}:: " ,__."C ~7:"''7';,l'1'' , ", _ _,..' _,J" " ,_, ~ . - '.. ~ ~~,~~-. "':.'~ , ' I. ,.,' ,~ j !"" (~""r';~-m'w'.c':"'"tf'.t-\ ':,<:.i.<."n':',~'.> C"'.," 19 KRISTINA HOOK : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v PATHMARK STORE, INC. : NO. 94-2119 CIVIL TERM ORDER OF COURT AND NOW, August 17, 1999, by agreement of counsel, the above captioned case is hereby continued from the September 13, 1999 trial tenn. Counsel is directed to relist the case when ready. By the Court, Thomas D. Paradise, Esquire For the Plaintiff Patrick Lamb, Esquire For the Defendant Court Administrator E.\\C\\C('\ (Q);() ;-'}i.cCrcl ALED-OmCE OF n I~ Pr.OTHO:-':OTAAY 99 AlIG 19 AM 10: no CUMBERu..\:O COUNll' PENNSYLVANIA rt:~"~~""-_"";;."'.n' .._~- PRAECIPE FOR LISTING CASE FOR TRIAl. (MuSl be typcwrillen and submilled in duplicale) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please lisllhe following case: (Check one) ( x ) for JURY trial at the nexttenn of civil court. () for trial withoul a jury CAPTION OF CASE (Entire caption musl be slated in full) KRISTINA HOOK (Plaintifl) (check one) (x) ( ) ( ) Civil Action - Law Appeal from Arbitration (other) vs. PATHMARK STORES,INC. (Defendanl) Trials commence on November 8. 1999 Pretrials will be held on October 20. 1999 (Briefs arc due S days before pretrials.) (The party lisling lhis case for trial shall provide forthwilh a copy of the praecipe to all counsel, pursuanlto local Rule 214.1.) No. 94-2119 Civil AClion-Law; 1994 Indicate the allomey who will try case for the part who files this praecipe: Thomas D. Paradise, Esquire Indicate trial counsel for other parties if known: Patrick Lamb,~./ 0:::::? This case is ready for trial. Sign~ Date: ~~ Prinl Name: Thomas D. Paradise. Esauire Allomey for: Plaintiff - Kristina Hook .... <i~\ 4 " , "'-." ""'.' -,'- '~.... - ,t,'"..., -'y "" .f> "~t '-L " ~, ,- '. , ~~' ,<"~:C' . .:>,.' '. '!.t. ~'toi.:::;I;/' .;.! ~'~?:'::~-. . \~~-' l1't,1' ',{: ":<or 1.':' ','.f$/ #:. "-:'-'-'i~:.~?-/' ALED-0mCE M'f 1Hr,PHOiflON01 Of 99 SEr -I PH 2108 . '>"0 COUNT'{ CUM~~SYt.V/IN!A .',,-' ..'~tj' ~\l::'>,:.' '1" ;~~. L, '" --~" , ,:t;~ " " "W~-;..-_ - ~ ,::.:~. ,~~ ~-),.- '':Ie;" '.~!" ,-...... ;-~, '.,1\ ""-~ ,:.., ;;~ ,~ ~: ~ :j.::' " :; y .. ~1-: -'\~ , <I ,,, ','1 i , ( ~.\ '~--""'.'T.""'.~ '.,.',.......".; .~:~,.,.:;, c,."~'~;r~k~ '<'~~':'~Y f ',. ~_... ~.. ..._""-~., ., _"~_ '0 ~." ,'", ,... -'1',.:: .~._ <"',.,r~' ~.:. '.''F~ . . ;".. ~,- " 'i.:'::E- ':;f~ :-~/; ",:',/'; .' - '~<- "..:.A.. ",'4 .~ .1 :~ " '?~ ,", .~ , l' ',;;' , 'i~ < i' "\ ""~-'""'-' , .-:.,...... . , ''''''itf' ,:Ii! ..' J '~~~'tl;j'~:l . ~ ~ ,- :..__...._..,.~ ,,~ ',-~, "::" ':f:':.: ~..,~ ,,' :).1:'1 "'~?-- .... ~:~; ,c' " .~~..e":;i:.~~~q~";F . ".,~,' ~ "~','t..,,;c" '., ' .;, ,~; if, ,~/:~~W i :f: Ie",!;,' i",;",t, .,., .',.' !"" "",' , "~,,', '.' ," Y',,' l/' , ~ ':ft:)-"~~,,;';";r' ";"r(--~: ,~,:~;:;~',-~~>;'J ""i;"~,P"~ , , ?ti ~l':, ., ~;;-/~', o ;J:;::{IH;~~ , .. ~....,,.,.,,L, ' 'l~::Jf~' "'J"1 :U~."'if~~ " " ,~~.."" ,~~}} "~~1",'" f~1i?"': ,";:~I:~~ . jt<h'f:l';':;:; r t,~ tt ~~. ''1' ~ ~ ::::. ,,'.. ~ , fl';~~:" .';~'{,q "'1:,,, ':~-{~~~<,-~ - .-.....' -\':;~.-- . . if"'; .~:'iI_ ' .~::.. ,f ;?L' U:" "jh;' ":'" . ,M'; ;jl-~ . .....'.- " ';!' . ":-r.' '~. ~\ .~- "'.. ':!t \t; " ''$- ,-J~,.' It'--' :~":,' ':;. '_\-;._ ,.1 :~~{:~:~>~{~ . 1 ~.,~.~:-'" .\~ : '~,_'".:1..... ,',. ~"".~;:,;' :~~:,,:'.!J ..~ {f~~~/;~~i (; . :~~~ "-'~" .1_"' ""1.' , ..~J>~t::.'., j__~.' , ,,~ r .. r"" f,""""~"';;',,_~ 5. KRISTINA HOOK : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V PATH MARK STORES, INC. . . : NO. 94-2119 CIVIL TERM ORDER OF COURT AND NOW, October 16,1997, by agreement of counsel, the above- captioned matter Is hereby continued from the November 10, 1997 trial term. Counsel Is directed to relist the case when ready. By the Court, Joseph Smukler, Esq. For the Plaintiff Jerome E. Marks, Esq. For the Defendant \1'C\\\s..c\ (('1\"(':' It. .;~c.-ql Court Administrator :br Cd ' " : ;- - ~t'..-:-;,-.: . '. -'" ,......- ". -. ~..t . .' i:'~' ~ (~ ,.,.- r, '.'.. r''' J J 1".1 /J..i :.; q. 1I~ CU:.:::_.. " ',i.' ;;';1)' rG;'l:,:-,', i~\'/,:-:;', PRAECIPE FOR LISTING CASE FOR TRIAL (fotlst be typewritten and subnitted in duplicate) .0 -J c_ c: ..~ - ro 'mE PIDlKlN)l'ARY OF CtJolBERLAK) COONl'Y n ~ -o~;' ('lJ'-~ . !.~(~. c.~.\; 0"' -~J . ~( x- ...., ::Y: tetm of civU:i:Ourt.:.. ~. ~- - ~~. .. .4 r.- ~ .C:- ~ .~iil J i~ '.J ',- ~ 4'!: ~ Please list the following easel (Check one) (X ) ( for JURY trial at the next for trial without a jury. ----------------------------------------- CAPTIOO OF CASE (entire caption RUSt be stated in full) (check one) (X) Civil Action - Law ( ) Appeal fran Arbitratioo ( ) KRISTINA HOOK (other) ( Plaintiff) vs. PATIlMARK STORES, INC. The trial list will be called on O'.1tbtf 'If and Trials canrence on A/!r l.lCl~ If) Pretrials will be held on n~, hrl16) ,<J.,)/ (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. ~e 214.1.) (Defenda1t) vs. . No. 94-2119 Civil Action-Law 94 19 Indicate the attomey who will try case for the party who files this praecipes Joseph Smukler, Esquire Indicate trial counsel for other parties if known: unknown This case is ready for trial. Signed: Print Date: Attomey for: Plaintiff - Kristina Hook CASE f<<l. I ~ Dl\TE: I/.br# 9'1 CXlJRl'RDl' I 00. 9'1- .J/Jq CIVIL -r'h..- , ~:~~~~-j) J.,-!f51 Marc, ~Ie 4.,-#-/3 t-ynne 7XJnneJ/y 5.' *t 3~- ~cntLld fxl~hlYlatl 6.,#J.j8 B.till4od Shiley 7.' ~ Elm()()d A,'et.sCJ1,....Jr. 8"#~1 !&r. Wm~ ~ya @ 9.,#:: ne C. r lO.,~ r U.. l2.' . \.3.. 14.,r#fB 15. ~ 16.' 50 alA nCi r 17.,:tf=/cII Li '1~/le }::erh I ! LB..""', 1) ~ f' r rna.J:k{1d hNJY2r i L9..:1!fol :Sr€.J/r2n 'J)/e.h I ~ ;:;1{ PgrJt~ 't%;~QU 2.2..;fF({)5 <JX:Lr)a M Dtf~r 2:1.' .24.' c15.' .t6.. ;t7.' '7 W'if ~ ..j~ , (' " ...--,. (t . fttl' -tlult'..- 't."l ~'., . '- "; ;\>. -'r-' , .I......_f - ... , . I ; f t ;' i t ' I~' :' , '1 ,\ I .~" i ' ,'I ',i il .' ' ;1 ,.,,, 'j 'fI' ; 'l,,/,l '-', , . ! '. j '" '~l.;.:;'.''.,,)f'_'<~ ;~.._., ' . bll~_~,~V;';~j.i.,~ . ~;?it ~y. FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP BY: THOMAS D. PARADISE. ESQUIRE; SAMUEL E. COHEN. ESQUIRE IDENTIFICA nON NO. 52855; 78996 A TIORNEYS FOR PLAINTIFF 2000 MARKET STREET, TENTH FLOOR PHilADELPHIA, PA 19103-329\ (215) 299-2000 KRISTINA HOOK, COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY v CIVIL ACTION - LAW PATHMARK STORES, INC., Defendant NO: 94-2119 ORDER TO SETILE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above referenced matter Settled, Discontinued and Ended upon payment of your costs only. ?~ .ifi8"MAS P ARAO'fSE, ESQUIRE SAMUEL E. COHEN, ESQUIRE FOX, ROTHSCHILD, O'BRIEN & FRANKEL, LLP 2000 Market Street, Tenth Floor Philadelphia, PA 19103 (215) 299-2782 Date: /1- fi /.1 Attorney for Plaintiff, Kristina Hook ~ ~ ~. ^~4-~",'1~: ._ '...,,' -','- ;:,~~:~~;,~:t~,~:;,~,", ,r;u'~ ,_ .. :,,.;~;;:,, ", l FlLEO.OFFlCE' , .'" "', ,",,' '~ 't'\I: TUF p"I"I'rtlOl'O"Af"1II ".;~'S!- ~~!'f:;;':';,.":' .M;,,;;~:Hl, 'r\\.1I'-1 '1._~1/'l'\1 _~ ,M~ -, ". . "" "1> "" 'f"'~ ~"'~ . ~ t~'; i';:~'~'~' ,',' -'. - ';' .- . :;;f99,imv '5 ^~, \I: 03 <;f;..'" ;; ::";' ".'. ';y ::';YCG}l.~~t4eVl~U~ J ',:"': . , " ".,'I>. " '''''''t:'<;A''''--:''_,<7t/!.;.~,-;_'~ :;::F'~:~~~ ~,f~'~F'<'~~~:;5~;!~~ ,:.',' '_I ~,P' ~ ::, " .-' - ~; :, -'.o:'t,. :-_~i~,c' .(: ;,tY' "",,^,,' "-"'~: ' . '~::,. ";~ : /,1) .' \.:,',-,-, , , .~ "." " - ':><j, ",;"J: 1: "'f ~~:' ';~ _i~: ...~.. , '.~ ,-~J~,- . ~;.F~t.'_, - , ",-,' . .' -,;~.'! .- '. " '. <A~ '" "" ,;;. ...:-~ , .",1, r;"'. ..~ -'1:...... <"I >4..: :"":. ,~. . ;. ,;';',. '_.l\ ' ',';:.., ':. r ,"'e.,., ,i> ."" :1 ~ '!": ;f9~~;~: '~''1:~'. ',.f' .~..,,::.'"';_...,....-. '-',-..,',..,"" '':'~~-'>> 'A~~:':::<- .,' \:, -,~:_~:~~~:~~5i~~~~:~~~~~~- ~"~~ ~ -~-~~. - .. r " ,