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HomeMy WebLinkAbout94-02359 . .t} /1 j ~l c) .... l. d 3\ """ \ \ '.. sl ~ J I NO. 26 HELEN WARRICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-2359 CIVIL TERM vs. MAY WARREN, Defendant CIVILACfION - LAW IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held June 21, 1995, were Brian J. Puhala, Sr., Esquire, attorney for the plaintiff, and William A. Addams, Esquire, attorney for the defendant. This case arises out of a slip and fall aceident that occurred on February 24, 1994, The plaintiff alleges that she slipped on snow and ice on the defendant's sidewalk, The parties agreed to stipulate with regard to the medical expenses. Counsel arc also attempting to reach agreement concerning lost wages, In the event that an agreement cannot be reached, Dr, Healy will be ealled by the plaintiff as an additional witness. Mr. Addams has a court appearance out of the county on the morning of July II, 1995. If the jury were picked on Monday, the panel could be brought baek for the purpose of completing the case later in the week. Once the jury is selected, the case could no doubt be completed in a day, The usual juror challenges will be afforded the parties, June 21, 1995 Kevi::\~~ A d / Brian J, Puhala, Sr., Esquire For the Plaintiff William A. Addams, Esquire For the Defendant :rlm ; j ':~ ~ 0' :",',' :l'lw~~,I~r (:IJH!:! !','~!.~t' ~l.~"l'f' I', 't~': ' ,\ !,~,~ JUN 21 3 1& PH '95 v. IN 1'IlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2359 CIVIL HELEN V. WARRICK, plaintiff MAY WARREN, Defendant DEFENDANT'S PRETRIAL MEMORANDUM I. FACTS On February 28, 1994 the Plaintiff was visiting friends next door to the Defendant's residence at 42 East Pomfret street, Carlisle, Pennsylvania. She alleges that she slipped and fell on the snow and ice on the Defendant's sidewalk as she was returning to her car. II . DAMAGES The Plaintiff sustained an injury to her back resulting in a laminectomy. III. ISSUES The issue is liability. The Defendant contends she has no duty to warn a licensee from an obvious condition on her premises. SharD vs. LUksa, 440 Pa. 125, 269 A.2d 659 (1970); Himes vs. New EnterDrise & Lime Co., 399 Pa. super 301, 582 A.2d 353 (1990). Nor does she have a duty to a licensee to remove snow and ice. ott vs. Unclaimed FreiQht Co., 395 Pa. Super 483, 577 A.2d 894 (1990). IV. EVIDENCE No problems are anticipated. ",>.'~~ ::11", :'.." V. WITNESSES May Warren, Mary Boyer, Stephen Smith and Robert U. Fitzgerald. VI. EXHIBIT Photographs VII. SETTLEMENT NEGOTIATIONS There has been no demand. Respectfully submitted, FOWLER, ADDAMS, SHUGHART & RUNDLE By: /~-~~' " /.> -,,' ... 4 .. W ll:r . Addams Supreme Court I.D. No. 06265 28 South pitt Street P.O. Box 208 CarliSle, PA 17013 (717) 249-8300 Attorneys for Defendant May Warren Dated: June 21, 1995 . a: ~ ci il: " tol Ol " a> ;::: ~ ..J ~ :5 <( en :9 '" - <( ..J Ol " . :; 0- M >0 -'" '" to: .. ~ CC .... C ~ u - ~ .. " :I: .... U Q ~ S Cl. - <( e .... - - ~ a: <( ~l " l- Ll ~ =- , ' PATRICK F, LAIIER. JR Allnrnr) al La" 210)( \t.uko:l Slfrd \/le. Itulldllll: limp Ihll. I' \ 17011 171", 7t,1.\ )oint! I, ... i HELEN V. WARRICK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-2359 CIVIL 1994 MAE WARREN, Defendant PLAINTIFF'S PRE-TRIAL MEMORANDUM I. STATING THE FACTS AS TO THE LIABILITY On or about February 28, 1994, at approximately lO:OO p.m., the Plaintiff, Helen V. Warrick, was walking on the sidewalk located at the Defendant's property. On this date, the snow and/or ice had accumulated in ridges or elevations to such a degree that it literally obstructed travel over the sidewalk located on the Defendant's property and constituted a danger to anyone who tried to traverse that particular section of the sidewalk. A Carlisle Borough Ordinance S 223-l5 requires all property owners to remove snow and ice from the sidewalks in front of or abutting upon their property within forty-eight (48) hours after any snow fall. The same ordinance also requires a property owner to make sure that those sidewalks in front of or abutting the property are entirely clear of snow or ice, or at least clear for a width of four (4) feet, which ever shall be less. The Defendant failed to have any snow and/or ice removed from her sidewalk for a time period well in excess of the forty-eight (48) hours required by Carlisle Borough S 223-l5 due to the Defendant's failure to remove the snow and/or ice from the sidewalk in front of her property located at 42 East -'.... '.' .' .~. Pomfret Street, Carlisle, Pennsylvania, the Plaintiff slipped and fell causing bodily injury. There was no alternative means for the Plaintiff to traverse that particular section of the sidewalk. At the time of the accident, the Plaintiff was walking with her four (4) young children. The only alternative for walking on the sidewalk would have been to take her children into the street itself which would have placed herself and her children in higher danger. II. FACTS AS TO THE DAMAGES As a result of her fall on the Defendant's property due to the Defendant's negligence, the Plaintiff suffered injuries to her neck, left elbow, left shoulder, and lower back, and also suffered severe headaches. These injuries required the Plaintiff to seek medical attention at the Carlisle Hospital emergency room as well as various other medical providers. III. ISSUE OF LIABILITY AND DAMAGES The liability for slipping and falling on snow and ice is governed by the Doctrine of Hills and Ridges which holds that the owner or occupier of land is not liable for general slippery conditions, but, in order to recover from a fall on ice or snow, the Plaintiff must prove that the snow or ice had accumulated in ridges or elevations so as to unreasonably obstruct travel and constitute a danger. Furthermore, the property owner must have had notice of the existence of the condition and that it was a dangerous accumulation. While there is no absolute duty on the part of an owner to keep his sidewalk free from snow and ice at all times, there is a duty to remove the accumulation within a reasonable time after notice of dangerous conditions exist. This premise is codified by the ordinances of Carlisle Borough which requires the removal of snow and ice from the side walk entirely or at least a four (4) foot width within 48 hours from the most recent snow fall. As to damages, the Plaintiff is entitled to reimbursement for medical expenses as well as general damages for pain and suffering as a result of the negligence of the Defendant. IV. WITNESS LIST The Plaintiff will call the following as witnesses: l. Helen Warrick, Plaintiff; 2. David Warrick, l77 Oak Hill Road, Carlisle, Pennsylvania l70l3; 3. Mae Warren, Defendant (as on-cross) 4. Barry Moore, M.D., 920 Century Dr.ive,Mechanicsburg, Pennsylvania by video tape 5. Mary Boyer, 50 East Pomfret Street, Carlisle, Pennsylvania l70l3 6. Robert D. Fitzgerald, lO Union Hall Road, Carlisle, Pennsylvania l70l3. V. BXHIBITS The Plaintiff will present the following items as exhibits: l. A video tape deposition of Barry B. Moore, M.D. 2. Two pictures of property in question taken on the day of the incident by David Warrick. 3. Medical bills and records for the purpose of indicating treatment received and billing history. j' _;W:';':. 'U_fm;,. , I ,i VI. SB'l"l'LBMBNT HBGOTIATIONS At this time, there have been no settlement negotiations between the parties as the Defendant is denying liability. Respectfully submitted, Bris. z:.-: Sr., Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania l70ll-4706 ID' 52677 Tel. (7l7) 763-l800 c II<./-<;';- Date: HELEN V. WARRICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAE WARREN, Defendant . . . . . . . . . . . . : . . : NO. 94-2359 CIVIL 1994 vs. CBRTIFICATE OF SBRVICB I hereby certify that I am this day serving a copy of the foregoing PLAI~TIFF'S PRE-TRIAL MEMORANDUM upon the person, and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid and addressed as follows: William Addams, Esquire 2B South pitt Street Carlisle, PA l70l3 8ria2 pZ::;r.. Eaquira 2l0B Market Street, Aztec Building Camp Hill, Pennsylvania l70ll ID' 52677 Telephone (7l7) 763-lBOO Date: t /ICA.;;- . c:: ... ci ~ U tol ~ " ~ ;:::: ::l ..J ~ < '" :9 ;;; - ..: ..J ~ . " Q., M >. "" '" :.: .. ~ CD .... c ::E u - - ~ ... u :I: .... U Q ~ -;: c. - ..: e .... - - ~ c:: < ... '" - U ~ =- PATRICK F. "AllER, JR ..\Uf)rn("~ 31 I..." ~\l'1o( \t.U~d "11.'''- \ 'I,', IIl/d.Io'II' l .U"" IIdl I' \ I "II I .. I .. I ",., ! ~ v'.. ~:.' HELEN v. WARRICK, . IN THE COURT OF COMMON PLEAS OF . PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . CIVIL 1994 . . qL/ - ;),351 C, ~;I Tul'll . MAY WARREN, . AT LAW . DEFENDANT : 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 the Complaint and Notice are served, by entering a written appearance or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA l70l3 (717) 240-6200 HELEN V. WARRICK, PLAINTIFF vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL 1994 MAY WARREN, DEFENDANT AT LAW JURY TRIAL DEMANDED COMPLAINT l. The Plaintiff, Helen V. Warrick, is an adult individual who currently resides at l77 Oak Hill Road, Carlisle, Cumberland County, Pennsylvania l70l3. 2. The Defendant, May Warren, is an adult individual who is the owner and primary resident of the property at 42 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania l70l3. 3. On or about February 28, 1994, at approximately lO:OO p.m., the Plaintiff was walking on the Defendant's sidewalk located at the Defendant's property and she slipped and fell causing injuries to her neck, left elbow, left shoulder, and lower back and causing severe headaches. 4. At approximately lO:OO p.m. on February 28, 1994, the snow and/or ice had accumulated in ridges or elevations to such a degree that it literally obstructed travel and constituted a danger. 5. The Defendant had a duty, as the owner of the property and/or tenant of her real estate, to maintain the property in a safe and reasonable manner by keeping the sidewalk free and clear of -debris, snow, and/or ice that had accumulated in hills and ridges. 6. The Defendant was required by the Carlisle Borough Ordinance Section 223-l5 to remove from the sidewalks in front of or abutting upon her property, all ice fallen or formed within forty eight (48) hours after the same shall fall or form. See Exhibit "A". 7. The Defendant was also required by Carlisle Borough Ordinance 223-lS to make such sidewalk either entirely clear of snow or ice, or clear for a width of four feet, whichever shall be less, and the snow and ice removed therefrom, shall not be placed upon the street on which such property affronts or abuts. See Exhibit "A". 8. The Defendant failed to have any snow and/or ice removed from said sidewalk for weeks prior to the date and time in which the Plaintiff fell upon Defendant's property. 9. The Defendant's failure to remove the accumulation of said snow and/or ice caused the Plaintiff to fall. lO. The Defendant was negligent because she failed to remove the accumulation of snow and/or ice within a reasonable time after notice that a dangerous condition existed. ll. At the time the Plaintiff fell upon Defendant's property, it was neither snowing nor hailing. l2. Defendant's failure to remove snow and/or property was the direct and proximate cause injuries. l3. As a result of the Defendant's negligence, the Plaintiff has incurred various medical expenses which included a visit to the emergency room of the Carlisle Hospital. ice from her of Plaintiff's }:+;~~ ~r~'-'" :' l4. Defendant's failure to remove snow from said sidewalk and her ,negligent non-compliance with the local ordinance has caused the Plaintiff substantial pain and suffering, headaches and lost wages from her employment. WHEREFORE, the Plaintiff demands judgment against the Defendant in excess of $25,000.00 for pain and suffering, medical expenses, court costs, and attorney fees. Respectfully Submitted: · Date: ~3-97 atrick F. Lauer, Jr., Esquire 2lOB Market street Camp Hill, PA l70ll (717) 763-lBOO Supreme Ct. ID# 46430 VERIFICATION " I, Helen Warrick, state that I am the Plaintiff in the above-captioned case and that the facts set forth in the above COMPLAINT are true and correct to the best of my knowledge, , information and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under l8 Pa C.S. 4904. '21-4 l/, ~~ Helen Warn,ck DATED: /l1 A-<( '1 "J.. ltj'i i EXHIBIT A " .' I ' ~ i- - "i,5', ........f. ARTICLE III Snow and I~e Ikmov.u (Adop\ed 5~.75 lII'Onl. No, 11tl4,1I Ilppruvcd 5.lj.75j I 223.15. ae.pon.ibillty for removw rrum .idewalb [Am.nded 11.11.77 by Oni. No. 1275, Ilpproved lj.11.77: 6,lO~2 by Onl. No, 1399, approwd 6.10-112) The owner. occupllnt or tenllnt or .,.ry propcrty a~uLtiflll UlJUlI ur Illonll1ide Ilny SlrL",t or alley in th. UuruUllh or Carl"l. i. here~y required to remove ur cause to be remuVL-d rrum all the 'Idewalks ill rront or or abulling upon such prulJCrty all .now afld ic. tll.roon {alien or rOrmL-d within rorty",illht (411) hOUlll arLcr the ""Ille .hall have rallen or rOrmL-d, Such sidewalks shall be cleared elltirely ur snow and ice or ror a width or ruur (4) lL",t. whichever .hall be I.... and the snow and ice removed thererrom shall not be 1J1acL-d UlJUn th. street on which such property rroll1.:l or abu1.:l, Th. owner or a property shall be responsible ror cunrurminll 10 the rC'juirelllelllll or . tAIl...... Nu&.r Addftl ., Iinw .f AlII'V,...n of l'...k; ..... Ch. I. G..n..nl l'rvtleWlW. Art I. .1 USiler'. s..: Amcndnl aI U"", v, ~Vliun.' llAlc. 1ft l'h. I. t,;..II..r.II.nu....,na. At," I. U tAlher'. N.w. ThM uruinanu '11,....,....1 In ('h_ Jl.XII. ....,., te. .lll... 1,1:t r"lII6KlalMNt I 223.16 CARLISLE CODE t 223.18 thia 5CCUon where such property hall be occupil'<l by ouch own.r. ohall be vacant or unoccupied or shall be a multiple-unit pculJCrty havinl1 more thlln one (1) t.!nllnled or tenantable unit; the tenllnt ur occupier or a property shall be so responsible where such property.. .. .inl1l.. unit property occupied by such tenant or occupier only, HELEN V. WARRICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2359 v. MAY WARREN, Defendant PRAECIPE Sir: Please enter our appearance for the defendant. FOWLER, ADDAMS, SHUGHART & RUNDLE ..--.-...... By: "7~.d/~_. William A. Addams 28 South pitt Street P.O. Box 208 Carlisle, PA 17013 (717) 249-8300 TO: Lawrence E. Welker, prothonotary DATE: May 16, 1994 .' ., l ai1':.,~' Hu 16 10 Iflf AH '9~ 'Ii: .' fIef r".. ,:lft)~~rAh). ,? .. ,t,' ,. ~ '.") Ct'..; , r:r 'j',' .'f "A'" ...... Y ~. ~ 11'." ,\ I . . , -. " > .'"- ......._~ C.,,.' ~:'. '"l '.... , . , SHERIFF'S RETURN CGf.1aIlWEJ\L'I11 OF PENNSYLVANIA: COl/I'lI'Y OF Cll-lBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2359 Civil Term Complaint in Civil Action Law and Notice Helen V. Warrick VS May Warren Phil ip Baughman , ~lflObr Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Complaint in Civil Action Law and Notice upon May Warren , the defendant, at 8: 32 0' clock A.M. EGX' / EDST. on the 12 May . 19 94at day of 42 East Pomfront Street, Carlisle . Cumberland County, Pennsylvania. by handing to May Warren a true and attested copy of the Complaint in Civil Action Law and Notic;e and at the sarre time directing her attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: 14.00 2.80 ~~~~ R. Thomas Kline, Sheriff by /)-0 If) f V ~~ Sheriff - 2.00 18.80 pd. by atty. 5-13-94 Sworn and subscribed to before Ire this / 'l!f:; day of /11."7 19 q '/ A.D. ~")r-- {," )}LL-t~,. Prothonotary A C~r.;. I 10. The conclusion of law is denied and the answer to Paragraph 8 is incorporated herein by reference. 11. The anDwer to Paragraph 3 is incorporated herein by reference. 12. The conclusion of law is denied and the answer to Paragraph 8 is incorporated herein by reference. 13. After reasonable investigation, the defendant is without knowledge sufficient to form a belief as to the truth of the averments regarding the plaintiff's injuries and damages. The same are therefore denied. 14. The answer to Paragraph 13 is incorporated herein by reference. WHEREFORE, the defendant requests the complaint be dismissed. NEW MATTER By way of further answer and defense, the defendant asserts the following in new matter: 15. The plaintiff's fall was caused solely or in part by her own contributory negligence in: A. Failing to observe an obvious condition, if it existed as alleged in the complaint. B. Failing to watch where she was walking. c. Attempting to walk over the snow and ice if it existed as alleged in the complaint. ,. 16. The plaintiff assumed the risk of injury in voluntarily attempting to walk over the snow and ice if it existed as alleged in the complaint. 17. The snow and ice, if it existed as alleged in the complaint, was obvious to the plaintiff. Therefore, the defendant owed no duty to the plaintiff in this regard. WHEREFORE, the defendant requests the complaint be dismissed. FOWLER, ADDAMS, SHUGHART & RUNDLE By: ~ -~~/' ("'., ' ' .. WJ.ll m . Addams' . 28 South Pitt Street P.O. Box 208 Carlisle, PA 17013 (717) 249-8300 Attorneys for Defendant .......~. t...i....." .' " , ~'fl:"\'( VERIFICATION May Warren hereby verifies that the facts set forth in the foregoing Answer are true and correct to the best of her knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsifications. I ) /aJ~ {l~K'Prl . . ( , DATE: s'j:;''Ilqy , , , i Lt., ' li..I.:..J IJ :;3 :IH '9~ 'l':: ''',':.. r:f.'1 I :v .",- <n = ,~- -, '4) . a: ... ci ~ 0 c.l .. u ~ i::: ::l ..J ~ :; -< Vi ,. - :!:! < ..J .. 0 , ;; c.. M >- ... -a ~ ~ OJ .. " r- C ::E u :I: - ~ .. u r- U 0 ,. S a. - :l < e r- - - ~ a: -< .... .., '- t.J :..: c., PATRICK F. LAUER. JR ^llllrnc~ at I.a" 21UM ~t.u"'.:t Slrt"d A/lc..lhllhhng l"J.mplllll.l',\ 1'7/l11 (7171 ",\.11(1)0 v. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2359 CIVIL 1994 HELEN WARRICK, PLAINTIFF MAY WARREN, DEFENDANT PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER l5. Denied. It is denied that the Plaintiff's fall was caused solely or in part by her own contributory negligence and: (a) It is denied that the Plaintiff failed to observe an obvious condition, if it existed as alleged in the Complaint; (b) It is denied that the Plaintiff failed to watch where she was walking; (c) It is denied that the Plaintiff was contributorily negligent in attempting to walk over the snow and ice as it existed as alleged in the complaint; l6. Denied. It is denied that the Plaintiff assumed the risk in voluntarily attempting to walk over the snow and ice as it existed on the date and time named in the Complaint. l7. Admitted in part. Denied in part. It is admitted that there were obvious ridges and elevations which obstructed travel and constituted a danger to Plaintiff. However, it would have been more dangerous for the Plaintiff to walk in the street as opposed to the sidewalk when attempting to gain entry to her automobile. Respectfully submitted: 7~--L---- Pa~k F. Lauer, Jr., Esquire 2lrrB Market Street Camp Hill, PA l70ll (717) 763-l800 / DATE: 13-}1 _--u VERIFICATION I, Belen Warrick, state that I am the Plaintiff in the above- captioned case and that the facts set forth in the above REPLY are true and correct to the best of my knowledge, information and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under lB Pa. c.s. 4904. 'lid v.M~ Belen Warrick Date: C/(9/ ((L.( CBRTIFlCATE OF SBRVICB I hereby certify that I am this day serving a copy of the foregoing REPLY upon the person, and in the manner, indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same with the United states Post Office at Camp Hill, Pennsylvania, through first class mail, prepaid and addressed as follows: Mr. William Addams Attorney for the Defendant 28 South Pitt Street Carlisle, PA l70l3 Date: (P/tlf/ffj p~\ T~A !J. Patrick F. Lauer, ~r., Bsquire 2108 Market Street Camp Hill, PA 170ll (717) 763-l800 PRAECIPE FOR LISTING leASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO WE PR1I'HOI'DI'ARY OF CUMBERLAND coum'Y Please list the following case. (Check one) x 1'..' for JURY trial at the next teJ:11l of civil @ct. - C.D ------------------------------------~---- for trial without a jury. :=:..:. - -.' CAPTION OF CASE (entire caption must be stated in full) (check one) (X) Civil Action - Law Appeal from Arbitration HELEN WARRICK (other) (Plaintiff) vs. The trial list will be called on and MAY WARREN Trials commence on (Defendant) Pretrials will be held on (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a c-opy of the praecipe to all counsel, pursuant to local Rule 2l4.1.) No. 2359 Civil 19 94 Indicate the attorney who will try case for the party who files this praecipe. BRIAN J. PUHALA, SR., ESQ. OF THE LAW OFFICES OF PATRICK F. LAUER, JR. Indicate trial counsel for other parties if known. WILLIAM ADDAMS, ESQ., OF FOWLER, ADDAMS, SHUGHART & RUNDLE This case is ready for trial. Signed. ?,~ Print NaJre: BRIAN J. PUHALA, - SR., ESQ. Date: 5/9/95 Attorney for: PLAINTIFF .' .. ,--"., . ~r"~.., "" .~j.~1 .... ,'-: ~ 1 :~ ~-.. ...._4( I' " JUl III 9 08 AM '95 .. ,. I. i I;: ~ . , ~; : '.:_", " , 'I' -- . " "