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Home My WebLink About94-02965 RICK KNOSKY and SUZANNE KNOSKY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . v. CIVIL ACTION - LAW ANNETTE C. MITCHELL, Defendant NO. 94-2965 CIVIL TERM ORDER OF COURT AND NOW, this ?S1l.day of November, 1994, upon consideration of Plaintiff's Motion For A New Trial, it is ORDERED and DIRECTED that this matter be argued before the undersigned judge on Thursday, February 2, 1995, at 9:30 a.m., in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. Briefs shall be filed in accordance with C.C.R.P. 210-6, with Plaintiff's brief being due on January 20, 1995, and Defendant's brief due on January 27, 1995. Issues raised, but not briefed, shall be deemed abandoned. BY THE COURT, J. David L. Lutz, Esq. J 4503 North Front Street ~" U Harrisburg, PA 17110 v' Attorney for Plaintiffs \:; [I-\~V \~\, Stephen L. Banko, Jr., Esq. " ., 101 pine Street P.O. Box 932 Harrisburg, PA 17108 Attorney for Defendant Court Administrator :rc I , . . \'0" 11 2 20 r,'\\ t q\\ \ 1 L,'J I ~ '.:"l Cl ' . . .". ,.' t\)' f ,j' t " .' :.~ ,". \ I " i'L P . '.~\:. ~ RICK KNOSKY, and SUZANNE KNOSKY, plaintiffs his wife, IN THE COURT of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2965 v, ANNETTE C. MITCHELL, Defendant . . JURY TRIAL DEMANDED PLAINTIFFS' MOTION FOR A NEW TRIAL AND NOW, come the Plaintiffs, Rick and Suzanne Knosky, by and through their attorneys, Angino & Rovner, P.C. and respectfully request that this Honorable Court order a New Trial for the following reasons: 1. On November 14, 1994 the jury in the above-captioned action determined that the Defendant's negligence was a substantial factor in bringing about the Plaintiff's injuries sustained in the subject motor vehicle accident. 2. During the trial of the Plaintiff's case, their was no dispute that Plaintiff Rick Knosky sustained $500 of work loss. 3, There was also no dispute that Plaintiff Rick Knosky sustained injury in the subject motor vehicle accident. The defense admitted that Mr. Knosky sustained some injury in the accident but the extent of his injury was contested. 4. The jury returned a verdict on November 14, 1994 in favor of Plaintiff Rick Knosky in the amount of $500, representing Mr. Knosky's work loss and returned no award for Mr. Knosky's non- economic damages. 5. Accordingly, the above verdict is inconsistent. Before your Honorable Court dismissed the jury, Plaintiffs' counsel 57185/MLS .v '- requested that the Court instruct the jury to further deliberate given the inconsistent verdict and your Court denied said request. WHEREFORE, Plaintiffs respectfully request that your Honorable Court order a New Trial. Respectfully submitted, ANGINO & ROVNER, P.C. ~ ",quir. I.D. No. 35956 4503 North Front street Harrisburg, Pennsylvania 17110 (717) 238-6791 Counsel for plaintiffs Dated: \1\ Lt-/q~ RICK KNOSKY, and SUZANNE KNOSKY, Plaintiffs . , IN THE COURT of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2965 his wife, : v. ANNETTE C. MITCHELL, Defendant : . . : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, MELINDA L. SPICHER, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' MOTION FOR A NEW TRIAL upon all counsel of record via postage prepaid first class United states mail addressed as follows: Foulkrod, Reynolds & Havas Stephen L. Banko, Jr., Esquire PO Box 932, 101 Pine st Harrisburg, PA 17108 ~u. ~&Gy},~ ch MELINDA L. SPIC ER Dated: \\ ( '2. ~ I CI~ 4824S/MLS -::r- :.,n - ~ ::"~ ...-- :r .'''1 --l., - ~j -- -- -" ,j . - -.) : ~.J ('j .h -("":I 1 -= ,..... ~ ~ , ~ (7' I u lu 0 - a: w - . a: ... reo- - en wen < - w Zo- Ol u >z z ... z I "' u:: olil ~ cO '" 0 re'" '" c5 N ~ olli: a: ;:; o~ ::l - III !:: ZZ en -", ii: Clo a: Zit> < C(" J: M......,....':'..,.."":I"....'.~,.. [..."..,,).C].,....~,,tlJ'J".'l11' . . ,I . RICK KNOSKY and SUZANNE KNOSKY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ANNETTE C. MITCHELL, Defendant NO. 94-2965 CIVIL TERM VERDICT Ouestion 1: Was Defendant's negligence a substantial factor in bringing about Plaintiff Rick Knosky's injuries:/ Yesl No If your answer to Question number 1 is "No" do not answer Question number 2 and return to the Courtroom. If your answer to Question number 1 is "Yes", please proceed to Questions number 2 and 3. Ouestion 2: State the total amount of damages, if any, you find Plaintiff Rick Knosky sustained as a result of the accident. ;[V /.:"~\ ~ $ ,}~J. Ouestion 3: State the total amount of damages, if any, you find Plaintiff Suzanne Knosky sustained as a result of the accident. $ 0 J / - /'1 - 17" (Date) . d u:.~ Foreman or cl <'iir~~ Forewom CB5l0. 11'1 eo. Date: njl'flq't NO. 9,/. :Nt-of Civil Tenn Court Roan No. 2.. ~ . I '2.. -1. !I'{)- !),\(/(L' I( ::>tultcuf I -J 2.:JB. :~,',,,,1 Sit I t- (Ll.lj l... D-I, 3. ill- Tl.t. be at? lj 0 ~ t II I _ A' ,'. LJW/'1' '_1.~_7 4". .. fo'h.. J ,i J J/ ..-> 5. 11'- - 72'l harel S. Lvdd ~ r " 1'(- T2 L. I D ..., 6. ,0 - '~.<I'-t~/ IJ/Y'-e_-L,. I. li - ('If I L, ~-~eh.Jt:.f' 8. [2l! - 1 (.n c:" C( A- {"rc; /-I O-t" 9. ill - t?4.+t"'("C< (, ZCI'~')'('r 10. /)L/- 111.a.r,'cn lu"rc 11...lla - fly-d- .:5, LJ'\I'~( 6n"\ 10 12. lJt - ILt"-N..(-h I'Y\' >~("&1 fkr- 13. 1..p3 - lLill.h_' 1- I..... lJ"JOP'Il('r 14. qt). Hlo..rl fL)YJ ~rC1hr 15. 11.3- - 7?afph {v,4J)e_<--! 16. 2-' b.)J+Lall' H-:--S-h{in ~~ 17. .3 7_ 1 f::r' ~I w.--';;'heJJ ley' 18.!D- - fhb<,+ r, Sh yde. r- 19. qi.- /LfVl ;'Q~srn(1().,1>Y 2IT. ~- Dt bOI C1 " !-r S ;'1\(;1 / .: :- r 21. CJ9- - 01 ,'~~r s. SLVC'LIlS ~ r .' , 22. 9C:; - cCrCl.ld A, <;.J-t'9-er, ~ 23. 24. Pu~ L.{"1';' ',.- - '. . r '1 l ' ; "', I I. . , II . i\ ,1\ , , .\ t, f' j, , " ,. ii r,. .'1]' . ~ ~\ i'.i) }(j "..~ 'f }"., ~l,("/'r ..:t..i_'_j) '~'-ti~ '~r...j ~.~/ 1 :ro': ~ I .f;'I, "1- ,. - " . I' f' ! j , ~ , ' . . , , . " ." , COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY RICK KNOSKY and No. 94 - 2965 SUZANNE KNOSKY, his wife, . . Plaintiffs . . v. . CIVIL ACTION - LAW . . . ANNETTE C, MITCHELL, . . Defendant . JURY TRIAL DEMANDED . VOIR DIRE OF DEFENDANT. ANNETTE C. MITCHELL 1. For you, your spouse, your children and other members of your family residing with you, please identify the following: employer, type of work done by the employer, type of work done by the employee. 2. Do you, any member of your family or member of your household have any legal training or are you or such persons employed in a law office or the courthouse or affiliated with the legal profession in any way? 3. Have any of you been a party in a civil action? If so, state the nature of the action: automobile accident, medical malpractice, product liability, divorce, etc.? 4. Have any of you served as a juror in a civil jury trial? 5. Have you, any member of your family or close friend ever been represented by David L. Lutz, Esquire, or the law firm of Angino & Rovner? , 6. Have any of you ever been represented by stephen L. Banko, Jr. or the law firm of Reynolds & Havas? 7. Have any of you ever been involved in a claim or lawsuit in which these firms or lawyers have represented a party or an interest against your interest? 8. In this case there is going to be testimony by several witnesses. If you know or are related to any of these potential witnesses after I read off their names, please raise your hand: Rick Knosky; Ashley Knosky; Suzanne Knosky; Edward Thompson, M.D.; and Laura Weber. 9. Have you read any newspaper articles, seen any television coverage or heard any radio broadcasts concerning the motor vehicle accident involving Annette Mitchell and Rick Knosky, which occurred on October 7, 1993, at the intersection of Media Avenue and Hamilton Street in the Borough of Carlisle? 10. Do you have any information, from any source, regarding this incident? If so, what is the nature of that information? 11. Based upon what you have heard, do you have any fixed views about this case? 12. Do each of you believe that you can accept the law governing this case as will be explained by the Court even if you personally disagree with it? 13. Do any of you have any physical or other condition which would serve as an impediment for you sitting patiently - 2 - ...;t through the evidence in this case, seeing the exhibits, listening to the witnesses and otherwise attending to your duties as a juror? 14. Ladies and gentlemen of the panel, the purpose of all of these questions has been to assist counsel in this case in determining whether you bring any bias or prejudice as a juror of which we should be aware to determine your qualifications as jurors. Do any of you know any reason why you could not participate as a juror in this case, listen attentively to the evidence, pay attention to the charge of the Court on the law and render a verdict based solely upon the facts as you find them and the laws given to you by the Court? In addition to these questions, Ms. Mitchell reserves the right to ask any relevant and necessary follow-up question(s) in the event anyone or more of the preceding questions were answered in the affirmative by any prospective juror. REYNOLDS & HAVAS A Professional Corporation he L. Banko, Jr. rney I.D. #41727 101 pine Street Harrisburg, PA 17108-0932 (717) 236-3200 Date: /1 J4/QY By: Counsel for Defendant, Annette Mitchell - 3 - COMMONWEALTH OF PENNSYLVANIA '" }u)... J ~. .-. )I 0 , .f) I ~-.J\,,~I""Vrj. v'/'l I'WoJ '( .\. t.- {JC',\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY RICK KNOSKY and SUZANNE KNOSKY, his wife, Plaintiffs : No. 94 - 2965 : . . v. CIVIL ACTION - LAW . . ANNETTE C. MITCHELL, Defendant . . JURY TRIAL DEMANDED VERDICT SLIP Question 1: Was Defendaqt's n~gljg~nce a substaptial ~ il\".:tt;"n I<l(~vt.. h"'.~7.s.. about llA':I,lIilili&i' injuries? factor in bringing Yes No If your answer to Question number 1 is "No" do not answer Question number 2 and return to the Courtroom. If your answer to Question number 1 is "Yes", please proceed to Question..s nlllllll..:l "......l,t.s 2. 1.1) J ~. Q..u:H~,Lluu ~. Wha.. &1l!.alll.k il ry-, 1I1f!.l4 L.... flg';'uL';"Cf,,;t f"-'.... Ll..~':'.... luJtltiaa? or Foreman RICK KNOSKY and SUZANNE KNOSKY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 44 vs, 94.2965 CIVIL TERM ANNETIE C. MITCHELL, Defendant IN RE: PRETRIAL CONFERENCE Present at a pretrial conference held Oetoher 26, 1994, were David Lutz, Esquire, attorney for plaintiffs, and Stephen Banko, Esquire, attorney for defendant. This is a motor vehicle accident case. Liability has been admitted; the defendant, Annette Mitchell, having failed to yield the right-of-way at an intersection, This aceident occurred on October 7,1993. This is a case involving soft tissue injury. The question is the amount of damages. The parties arc continuing to negotiate. If the case cannot be settled, the trial should be of no more than one and one-half days' duration, Each side will have four peremptory challenges. October 26, 1994 ~. David Lutz, Esquire For the plaintiffs Stephen Banko, Esquire For the defendant :rlm COMMONWEALTH OP PENNSYLVANIA IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTY RICK RNOSKY and . No. 94 - 2965 . SUZANNE RNOSKY, his wife, . . Plaintiffs . . . . v. . CIVIL ACTION - LAW . . . ANNETTE C. MITCHELL, . . Defendant . JURY TRIAL DEMANDED . PRE-TRIAL CONPERENCE MEMORANDUM OP DEPENDANT. ANNETTE c. MITCHELL I. Statement of Pacts as to Liabilitv This action arises out of a motor vehicle accident which occurred at the intersection of Media Road and Hamilton Street in the Borough of carlisle, cumberland county, on october 7, 1993. II. Statement of the Pacts as to Damaaes Plaintiff-Husband claims that as a result of the accident he sustained a soft tissue injury to his left shoulder. III. Statement of Issues A. Whether Defendant was negligent? B. Whether such negligence, if any, was a substantial factor in bringing about plaintiffs' harm? V. List of Witnesses IV. SummarY of Leaal Issues There are no unusual leqal issues reqardinq admissibility of testimony, exhibits or other matters. Defendant Mitchell may call one or more of the followinq witnesses: A. Plaintiff-Husband, as on cross examination; and B. Defendant. Defendant further reserves the riqht to call any other person identified in Plaintiffs' Pre-trial Memoranda or witnesses necessary for rebuttal. VI. List of Exhibits Defendant may utilize one or more of the followinq exhibits: A. Medical records of Carlisle Hospital; B. Medical records of Edward Thompson, M.D.; C. Physical therapy records of Laura Weber; D. A magnetic board to illustrate the happeninq of the accident. Defendant further reserves the riqht to utilize any exhibit listed in Plaintiffs' Pre-trial Memoranda, or as necessary for the purpose of rebuttal. Defendant requests Plaintiffs to - 2 - ". stipulate to the authenticity and admissibility of the medical records identified above. VII. status of settlement Neaotiations plaintiffs have made a settlement demand of $18,500' Defendant has offered $5,000 to settle this matter. REYNOLDS , HAVAS A Professional corporation Date: / Djlq 11 Y By: . Banko, Jr. I.D. '41727 101 pine street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Annette Mitchell - 3 - -.' '. CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on all counsel of record by placing the same in the United States Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the J~~'day of october, 1994, addressed as follows: David L. Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, Pennsylvania 17110 (Counsel for Plaintiffs) REYNOLDS & HAVAS A Professional Corporation By: cV~~ Ik-~ ~aron Dell-GaUaghe - Secretary RICK KNOSKY, and SUZANNE KNOSKY, Plaintiffs IN THE COURT of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2965 . . his wife, : . . . . v. ANNETTE C. MITCHELL, Defendant : . . : JURY TRIAL DEMANDED PLAINTIFFS' PRETRIAL MEMORANDUM I. Statement of the Basic Facts as to Liabilitv: This is a motor vehicle accident case. On October 7, 1993, Plaintiff Rick Knosky was operating a Ford van travelling south on Media Avenue. As he approached the intersection of Media and Hamilton Street in Carlisle, Defendnat Annette Mitchell failed to yield the right-of-way and collided into Mr. Knosky's van. II. Statement of the Basic Facts as to Damaoes: Mr. Knosky sustained a chronic neck and upper left trapezius strain. III. Statement as to the Principle Issues of Liabilitv and Damaoes: The standard issues in a motor vehicle at trial such as was the Defendant negligent, was her negligence a substantial factor in causing the Plaintiff's damages. IV. Summarv of Leoal Issues: None expected. V. Identitv of witnesses: 1. Plaintiff Rick Knosky 2. Ashley Knosky - Rich Knosky's mother 'I I I 3. Defendant Annette Mitchell - as if on cross-examination - RICHARD C, ANGINO LAW OFFICES NElL J. ROVNER JOSEPH M, MEULLO DAVID L, LUTZ PAMElA G, SHUMAN RICHARD A, SADLOCK NUOLE C, OLSON ROBIN J, MARZEllA DAWN l. JENNINGS ANGINO & ROVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PA 17110 TERRY S, HYMAN MICHAEl E. KOSIK CATIlERlNE M, MAHADY.SMITH DAVID S, WISNESKI MICHAEl J, NAVrrSKY LAWRENCE F, BARONE (717) 238.6791 FAX (717) 238-S610 April 6, 1994 Timothy Spader State Farm 115 Limekiln Road PO Box 257 New Cumberland, PA 17070-0257 Claimant: Ricky Knosky Accident date: 10/7/93 Claim No. 38-6595-271 Insured: Annette Mitchell Dear Mr. Spader: After discussing this case with my colleagues and my client, I would recommend Mr. Knosky accept a settlement proposal of $22,500. If the case is 1i tigated before a Cumberland County jury, there would not be much of a dispute as to liability. On October 7, 1993, Rick Knosky, age 28, left his home in carlisle to go to work. He was travelling south on Media Avenue. He was driving a company Ford van, As he approached the intersection of Media and Hamilton Street in carliSle, your insured, Annette Mitchell, failed to yield the right-of-way and collided into Mr. Knosky's van. Attached as Exhibit A is the document Mr. Knosky received from the Carlisle Police Department and Exhibit B is the eye-witness statement of Elvin R. McCleaf. EXHIBIT ^ . '-. At the accident scene, Mr. Knosky knew that he had sustained bodily injury. However, he did not think he required emergency medical treatment. He immediately drove to the Carlisle Hospital, as he had immediate pain in the left medial scapular area of the posterior thorax. After physical examination, Dr. Barry Spector prescribed Darvocet and instructed Mr. Knosky to use ice and follow-up with his family physician. Enclosed as Exhibit C are the carlisle Hospital emergency room records. As instructed, Mr. Knosky saw his family physician, Dr. Edward Thompson. Mr. Knosky first saw Dr. Thompson on October 21, 1993. At that time, Mr. Knosky was continuing to experience neck pain as well as upper trapezius discomfort. Dr. Thompson prescribed Motrin, Flexeril, ice, and physical therapy. Mr. Knosky's first physical therapy session started on October 28, 1993 at the Seidle Memorial Hospital. Mr. Knosky received physical therapy until November 18, 1993. Thereafter, Dr. Thompson prescribed a second physical therapy program that concluded on January 4, 1994. Attached as Exhibit D are the physical therapy records and billing statements we have received and Exhibit E is Dr. Thompson's January 3, 1994 medical report and office notes. li2.t!~ Loss Mr. Knosky is employed by Remco, as a refrigeration service technician. His position requires extensive travelling. For example, he services refrigeration units in supermarkets, particularly Giant supermarkets, in virginia, Maryland, \, pennsylvania, and West virginia, Obviously, he works in extreme temperatures. As a result of the motor vehicle accident injuries, Mr. Knosky lost 20 hours of work, at a rate of $14,25 per hour, or $21.38 for overtime, Attached as Exhibit F is Mr. Knosky's work loss letter and enclosures. Attached as Exhibit G is a copy of my March 1, 1994 correspondence to Carol Koenig and her March 2, 1994 response, along with Mr. Knosky's time cards. Mr. Knosky has difficulty performing all of his job responsibilities. For example, he must carry his tool box and it weighs approximately 60 pounds. Addi tionally, Mr. Knosky must move freon tanks and some of the tanks weigh more than 100 pounds. While most of his job does not require strenuous lifting, there are times that he must use both arms to lift and lifting aggravates his neck and left shoulder pain and discomfort. Mr. Knosky is left hand dominant. While he feels that he is "on the road to recovery," he is still experiencing intermittent symptoms. In other words, he has his good days and'bad days. The bad days develop as a result of physical exertion. The most 'important component in this case, should it be litigated before a Cumberland County jury, is Mr. Knosky's personality. Simply stateJ, Mr. K:..:lsky is an extremely pleasant and friendly young man. There is no doubt that he would project well to a jury. RICK KNOSKY, and SUZANNE KNOSKY, Plaintiffs his wife, : IN THE COURT of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2965 . . v. ANNETTE C. MITCHELL, Defendant . . . . : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, MELINDA L. SPICHER, an employee of the law firm of Angino & Rovner, P.c., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' PRETRIAL MEMORANDUM upon all counsel of record via postage prepaid first class united States mail addressed as follows: Foulkrod, Reynolds & Havas Stephen L. Banko, Jr., Esquire PO Box 932, 101 Pine st Harrisburg, PA 17108 ~~\l ~~ MELINDA L. SPICHE Dated: October 19, 1994 48245/HLS COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY RICK KNOSKY and SUZANNE KNOSKY, his wife, Plaintiffs No. 94 - 2965 . . . . v. CIVIL ACTION - LAW . . ANNETTE C. MITCHELL, Defendant JURY TRIAL DEMANDED PROPOSED POINTS FOR CHARGE OF DEFENDANT. ANNETTE C. MITCHELL Date: 111t1 q~ REYNOLDS & HAVAS A P .~nal corporatlon L. Banko, Jr. 1.0. #41727 By: Ste Att 101 Pine street HarriSburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Annette Mitchell DEFENDANT'S PROPOSED POINT FOR CHARGE NUMBER 1 Ladies and gentlemen of the jury, under all of the evidence presented in this case, and the law, I direct that you enter a verdict awarding plaintiffs no money damages. \1 i i , , , , I I I I I - 1 - ~;r DEFENDANT'S PROPOSED POINT FOR CHARGE NUMBER 2 The Plaintiffs, Rick Knosky and Suzanne Knosky, claim that they were injured and sustained injury as a result of the negligent conduct of Defendant, Annette Mitchell. plaintiffs have the burden of proving their claims. Based upon the evidence presented at this trial, the only issue for you to decide in accordance with the law as I shall give it to you is: Was Defendant's negligence, which is admitted, a substantial factor in bringing about Plaintiffs' injuries? - 2 - ~ DEFENDANT'S PROPOSED POINT FOR CHARGE NUMBER 3 In order for Plaintiffs to recover in this case, Defendant's negl igence must have been a substantial factor in bringing about the accident. That 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 connection or only an insignificant connection with the accident. Pa. SSJI (Civ) 3.25 - 3 - ~,\ II')' , '/ I' , (, DEFENDANT'S PROPOSED POINT FOR CHARGE NUMBER 4 In civil cases such as this one, the Plaintiffs have the burden of proving those contentions which entitle them to relief. When a party has the burden of proof on a particular issue, his or her contention on that issue must be established by a fair preponderance of the evidence. The evidence establishes a contention by a fair preponderance of the evidence if you are persuaded that it is more probably accurate and true 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 Plaintiffsr onto the other, place all of the evidence favorable to the Defendant. If, after 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 Plaintiffs, your verdict must be for the Plaintiffs. If the scales tip in favor of the Defendant, or are equally balanced, your verdict must be for the Defendant. In this case, Plaintiffs have the burden of proving that the Defendant's 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 Plaintiffs. Otherwise, your verdict should be for the Defendant. Pa. SSJI (civ) 5.50 - 4 - " I, DEFENDANT'S PROPOSED POINT FOR CHARGE NUMBER 5 The number of witnesses offered by one side or the other does not, in itself, determine the weight of the evidence. It is a factor, but only one of many factors which you should consider. Whether the witnesses appear to be biased or unbiased; whether they are interested or disinterested persons, are among the important factors which go to the reliability of their testimony. The important thing is the quality of the testimony of each witness. In short, the test is not which side brings the greater number of witnesses or presents the greater quantity of evidence; but which witness or witnesses, and which evidence, you consider most worthy of belief. Even the testimony of one witness may outweigh that of many, if you have reason to believe his testimony in preference to theirs. Obviously, however, where the testimony of the witnesses appears to you to be of the same quality, the weight of numbers assumes particular significance. Pa. SSJI (Civ) 5.03 - 5 - \\ DEFENDANT'S PROPOSED POINT FOR CHARGE NUMBER 6 You may find inconsistencies in the evidence. Even actual contradictions in the testimony of witnesses do not necessarily mean that any witness has been willfully false. Poor memory is not uncommon. sometimes a witness forgets: sometimes he 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 if it 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 determine which, if any, of the contradictory statements you will believe. Pa. SSJI (Civ) 5.04 - 6 - \l\ DEFENDANT'S PROPOSED POINT FOR CHARGE NUMBER 7 You will recall that several witnesses were presented and gave testimony of their qualifications as an expert in their respective fields. A witness who has special knowledge, skill, experience, training or education in a particular science, profession or occupation, may give his opinion as an expert as to any matter in which he is skilled. In determining the weight to be given to his opinion, you should consider the qualifications and reliability of the expert and the reasons given for his opinion. You are not bound by an expert's opinion merely because he is an expert; you may accept or reject it, as in the case of other witnesses. Give it the weight, if any, you think it deserves. Pa. SSJI (Civ) 5.30 - 7 - ~\ DEFENDANT'S PROPOSED POINT FOR CHARGE NUMBER 8 You are instructed that the Plaintiffs must establish the nature and extent of the claimed injuries with reasonable certainty. The Plaintiffs must establish the injuries and that such injuries were the result of some negligence on the part of Defendant by competent medical testimony which is sufficiently definite to overcome any idea that is conjectural or a mere guess. Maliszewski v. Rendon, ___Pa.Super.___, 542 A.2d 170 (1988); Griffin v. Tedsco, 355 pa.Super. 475, 513 A.2d 1020 (1986). - 8 - c' find in favor of the Defendant. Kaczkowski v. Bolubasz, DEFENDANT'S PROPOSED POINT FOR CHARGE NUMBER 9 If the evidence on any particular claim for damages is such that some crucial fact is not established, or if the evidence is so uncertain, or if the evidence is so contradictory that you are forced to guess or speculate, then, as to that fact, you must 413 A.2d 1112 (Pa.Super. 1979), 421 A.2d 1027 (pa. 1980). i ~ '\ I I I I I - 9 - II DEFENDANT'S PROPOSED POINT FOR CHARGE NUMBER 10 The mere fact that I charge you on the measure of damages does not indicate and should not be considered by you as any indication that I think damages should be awarded. I am giving you these instructions on damages only because I am required to charge you on all of the possibilities and all phases of the case which you may have to consider. - 10 - ( DEFENDANT'S PROPOSED POINT FOR CHARGE NUMBER 11 I have invited your attention to various factors which you may consider in evaluating the evidence in this case. In doing so, I have not attempted to indicate any opinion on my part concerning the weight which you should give to the evidence or to any part of it and I would not want you to think that I had. In any event, it is for you and you alone to determine the credibility of each witness. Pa. SSJI (civ) 5.40 _,v \,J , - 11 - N ~ M III j ~ <( 6 ( III > . 0 ~ni~E cilHUlOl ! 91~1~~ Ol"h;<d z ~~~l >- . w ct ! ~ a: ~ I cl ~ I 8 w N Z M o ' 1 ~ w N .. - w r- I- ~ r- -' .. ... - COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY RICK KNOSKY and SUZANNE KNOSKY, his wife, Plaintiffs No. 94 - 2965 . . v. CIVIL ACTION - LAW ANNETTE C. MITCHELL, Defendant JURY TRIAL DEMANDED SUPPLEMENTAL JURY INSTRUCTIONS OF DEFENDANT. ANNETTE C. MITCHELL Respectfully submitted, REYNOLDS & HAVAS A pr ssional Corporation e L. Banko, Jr. ey I. D. #41727 Date: I1jJY(1 Y By: 101 Pine Street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Annette Mitchell , ~ -" .- DEFENDANT'S SUPPLEMENTAL JURY INSTRUCTION NUMBER 1 You are instructed that the Plaintiff must establish the nature and extent of the claimed injuries with reasonable certainty. The plaintiff must establish the injuries and that such injuries were the result of some negligence on the part of Defendant by competent medical testimony which is sufficiently definite to overcome any idea that is conjectural or a mere guess. In this case Dr. Thompson has testified that in his opinion, to a reasonable degree of medical certainty, the office visits of October 21 and December 2, 1993, were related to the motor vehicle accident in question. However, he could not state with the same and requisite degree of certainty that any additional office visits were related to the accident. Accordingly, you may not consider any medical treatment rendered after the last course of physical therapy on January 5, 1994. plaintiff has failed to sustain his burden of proof with respect to any medical treatment rendered after that date. McMahon v. Younq, 442 Pa. 484, 276 A.2d 534 (1971): Maliszewski v. Rendon, ___Pa.Super.___, 542 A.2d 170 (1988): Griffin v. Tedsco, 355 Pa.Super. 475, 513 A.2d 1020 (1986). - 1 - G RICK KNOSKY, and SUZANNE KNOSKY, Plaintiffs his wife, IN THE COURT of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2965 . . v. ANNETTE C. MITCHELL, Defendant . . . . . . JURY TRIAL DEMANDED PLAINTIFFS' POINTS FOR CHARGE Plaintiffs respectfully request your Court to read the following Points for Charge to the jury. Respectfully submitted, ANGINO & ROVNER, P.C. av d L. I.D, No. 359 4503 North Fronc Street Harrisburg, Pennsylvania 17110 (717) 238-6791 Counsel for Plaintiff(s) Dated: \\ \ /olqf 56399/MLS 1. In this case the defense has stipulated that Ms. Mitchell is liable to Mr. and Mrs. Knosky for the damages you believe they sustained in the subject motor vehicle accident. ~ 2. Given the stipulation that Ms. Mitchell was negligent, you must find an amount of money damages which you believe will fairly and adequately compensate Mr. and Mrs. Knosky for the amount of damages they sustained as a result of the accident. The amount you award them today must compensate them completely for damages sustained in the past, as well as damages they may sustain in the future. Pa, SSJI (civ.) 56.00 - Damages. ~ 3. The damages recoverable by Mr. Knosky and the items that go to make them up, each of which I will discuss separately, are as follows: a. Past Pain and suffering; b. Future Pain and Suffering; c. Embarrassment and Humiliation; d. Loss of Enjoyment of Daily Life Activities; and e. Work Loss. You should add these sums of damages together and return your verdict in a single, lump sum. Pa. SSJI (civ.) S6.01 - Injuries to Adult Not Resulting in Death. ~ 4. Mr. Knosky is entitled to be fairly and adequately compensated for such physical pain, mental anguish, discomfort, inconvenience, and distress as you find he has endured from the time of the accident until today. Pa. SSJI (Civ.) 56.01E - Past Pain and Suffering. " 5. Mr. Knosky is entitled to be fairly and adequately compensated for such physical pain, mental anguish, discomfort, inconvenience and distress as you believe he will endure in the future as a result of his injuries. Pa. SSJI (Civ.) S6.01F - Future Pain and Suffering. ~ 6. In evaluating the amount to be awarded for pain and suffering, you should consider that the infliction of pain means taking from a person what is his own to possess and retain -- namely, health and well-being -- and that the law allows for compensation of this loss to the extent that that loss may be calculated in monetary damages. In arriving at any award for pain and suffering which Mr. Knosky has undergone, you must also consider the extent to which his injuries have resulted in a loss or lessening of his ability to enjoy life and life's pleasures and the ability to engage in various other activities which he enjoyed prior to the accident. oiChiacchio v. Rockcraft stone Products Co., 424 Pa. 77, 85, 225 A.2d 913 (1967); Corcoran v, McNeal, 400 Pa. 14, 26, 161 A.2d 367 (1960); and Carminati v. Philadelohia Transo. Co., 405 Pa. 500, 176 A.2d 440 (1962), t 7. Mr. Knosky is entitled to be fairly and adequately compensated for such embarrassment and humiliation as you believe he has endured and will continue to endure in the future as a result of his injuries. Pa. SSJI (Civ.) S6.01G, ~ 8. Mr. Knosky is entitled to be fairly and adequately compensated for the past, present, and future loss of his ability to enjoy any of the pleasures of life as a result of his injuries. Pa. SSJ1 (civ.) 56,011. ~ I , , , I I \1 10. As a result of Mr. Knosky's injuries, his wife, suzanne Knosky, may also be entitled to damages based on loss of consortium. You may determine an award of monetary damages to Mrs. Knosky for the loss of aid, assistance, comfort, society, guidance, solace, services and sexual relations, that her husband would be expected to render her but for his injuries suffered in the automobile accident. Mueller v. Brandon, 282 Pa. Super. 37, 422 A.2d 664 (1980). fl u t; 0 - D: w - a: .... ei ... - en - en W ... .( en w Z z z .... u f) 0 z CD u: w cO "- a: Q. '" 0 a: "- J: d '" ~ all ... a: j:; 0 a: ::> - ...J 0 lXl ~ Z Z en C; '" ii: 0 a: Z on < < " J: 00& . . I. .,y "" . ~ ..1.... ..I,', ........ ." -.... . .... RICK KNOSKY, and SUZANNE KNOSKY, plaintiffs : IN THE COURT of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2965 JURY TRIAL DEMANDED his wife, : . . : v. ANNETTE C. MITCHELL, Defendant . . . . . . PLAINTIPPS' ANSWER TO DEPENDr.NT' S NEW MATTER 21. THROUGH 23. Denied. The Defendant has failed to set forth factual allegations that require the plaintiffs to admit and/or deny said allegations. The allegations contained in the Defendant's New Matter are all conclusions of law to which no response is necessary. WHEREFORE, plaintiffs respectfully request that the Defendant's New Matter be dismissed. submitted, Dav d L. Lutz, Es I.D. No. 35956 4503 North Front street Harrisburg, Pennsylvania 17110 (717) 238-6791 counsel for plaintiffs Dated: 1 bf1 I qq S0034/MLS '. RICK KNOSKY, and SUZANNE KNOSKY, plaintiffs IN THE COURT of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2965 . . his wife, : v. ANNETTE C. MITCHELL, Defendant . . . . . . . . JURY TRIAL DEMANDED CERTIFICATE OF SERVICE I, MELINDA L. SPICHER, an employee of the law firm of Angino & Rovner, P.C., do hereby certify that I am this day serving a true and correct copy of PLAINTIFFS' ANSWER TO NEW MATTER upon all counsel of record via postage prepaid first class United States mail addressed as follows: Foulkrod, Reynolds & Havas Stephen L. Banko, Jr., Esquire PO Box 932, 101 pine st Harrisburg, PA 17108 :3{1s-lu.1 II IU ~ J~I ~1t.utJ MELINDA L. SPI HER Dated: l { d Cj (eN 48245/MLS ":II" ~ - >-... ""-- ;!z ~<...,;::-~ ::~c~ ~ L~'1:~~" C,-.z:..l _ :..~:o- . ~r:.,crt "._ '':' J: '.'W\.l.i.:l; "_l:::..J~ ,. :t ::> C~ ~ C- ,.., .... !:::! - ..". :::> co; .' .. COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY RICK KNOSKY and SUZANNE KNOSKY, his.,ife, plaintiffs No. 94 - 2965 . . . . . . v. CIVIL ACTION - LAW . . ANNETTE C. MITCHELL, Defendant : : JURY TRIAL DEMANDED NOTICE TO PLEAD TO: Rick c/o Knosky and Suzanne Knosky, Plaintiffs David L. Lutz, Esquire, counsel for plaintiffs Angino & Rovner 4503 North Front Street Harrisburg, Pennsylvania 17110 YOU ARE HEREBY NOTIFIED to plead to the enclosed ANSWER AND NEW MATTER OF DEFENDANT, ANNETTE C. MITCHELL, within twenty (20) days from service hereof, or a default judgment may be entered against you. Date:7p&(9f By: Respectfully submitted, FOULKROD, REYNOLDS & HAVAS r f~ional Corporation p en L. Banko, Jr. rney I.D. #41727 101 Pine Street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Annette Mitchell ... COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY RICK KNOSKY and . No. 94 - 2965 . SUZANNE KNOSKY, his wife, : plaintiffs v, . CIVIL ACTION - LAW . . . ANNETTE C. MITCHELL, : Defendant . JURY TRIAL DEMANDED . ANSWER AND NEW MATTER OF DEFENDANT, ANNETTE C. MITCHELL, TO PLAINTIFFS' COMPLAINT 1. Denied. After reasonable investigation Defendant, Annette C. Mitchell ("Defendant"), is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. 2. Admi tted. 3. Admitted. 4. Admitted in part and denied in part. with respect to the ownership of the vehicle being operated by Plaintiff- Husband, after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment therefore, it is denied. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. It is admitted that at the time and place stated there was a collision between the .. front of Defendant's vehicle and the right rear of plaintiff- Husband's vehicle. with respect to the allegation that plaintiff- Husband's vehicle was "pushed 180 degrees" after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averment and, therefore, it is denied. 8. Admitted in part and denied in part. The answer contained in paragraph 7 hereof is incorporated herein by reference as if set forth in its entirety. Furthermore, although there was a collision between the vehicles, Defendant specifically denies that the collision was "violent". 9. Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. By way of further answer, with respect to any allegation or implication that plaintiffs sustained injury as a result of the motor vehicle accident, after reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. a. Denied. The answer contained in paragraph 9 hereof is incorporated herein by reference as if set forth in its entirety. By way of further answer, it is specificallY denied that the "assured clear distance rule" applies to intersection accidents. - 2 - .. b. Denied. The answer contained in paragraph 9 (a) hereof is incorporated herein by reference as if set forth in its entirety. c. Denied. The answer contained in paragraph 9 (a) hereof is incorporated herein by reference as if set forth in its entirety. d. Denied. The answer contained in paragraph 9 (a) hereof is incorporated herein by reference as if set forth in its entirety. By way of further answer, it is specifically denied that at any time relevant hereto Defendant traveled at a speed too fast for conditions then existing. e. Denied. The answer contained in paragraph 9 (d) hereof is incorporated herein by reference as if set forth in its entirety. f. Denied. The answer contained in paragraph 9 (d) hereof is incorporated herein by reference as if set forth in its entirety. g. Denied. The answer contained in paragraph 9(d) hereof is incorporated herein by reference as if set forth in its entirety. h. Denied. The answer contained in paragraph 9 (d) hereof is incorporated herein by reference as if set forth in its entirety. - 3 - .. 1. Denied. The answer contained in paragraph 9 (d) hereof is incorporated herein by reference as if set forth in its entirety. CLAIM I Plaintiffs v. Defendant 10. The answers contained in paragraphs 1 through 9 hereof are incorporated herein by reference as if set forth in their entirety. 11. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 12. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 13. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 14. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 15. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. - 4 - 16. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 17. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. 18. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of said averments and, therefore, they are denied. CLAIM II Plaintiffs v. Defendant 19. The answers contained in paragraphs 1 through 18 hereof are incorporated herein by reference as if set forth in their entirety. 20. Denied. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments contained in this paragraph and, therefore, they are denied. WHEREFORE, Defendant, Annette C. MitChell, demands jUdgment in her favor and against Plaintiffs. - 5 - ~ NEW MATTER 21. The answers contained in paragraphs 1 through 20 hereof are incorporated herein by reference as if set forth in their entirety. 22. Plaintiff-Husband was contributorily negligent and such negligence consisted, inter AliA, of the following: a. traveling too fast for conditions then existing 1 b. traveling in excess of the posted speed limit1 c. failing to take evasive action to avoid a collision1 and d. failing to observe other vehicles lawfully on the highway. 23. As a result of the contributory negligence of Plaintiff-Husband, plaintiffs' claims, if any, are barred and/or reduced by the Pennsylvania Comparative Negligence Act. WHEREFORE, Defendant, Annette C. Mitchell, demands judgment in her favor and against Plaintiffs. FOULKROD, REYNOLDS & HAVAS A 0 essional Corporation Date: 112)P(q~ By: s~ L. Banko, Jr. Att y I.D. #41727 101 f e street Harrisburg, PA 17108-0932 (717) 236-3200 Counsel for Defendant, Annette C. Mitchell - 6 - . . -' . . VERIFICATION I, Annette C. Mitchell, depose and say, subject to the penalties of 18 Pa.C.S.A., Section 4904, relating to unsworn falsification to authorities, that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. it~/9:1 t;A1~_/~ e h/cld/ ~nnette C. Mitcherl .' '" ,,' .. CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on all counsel of record by placing the same in the United States Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the .g~- day of July, 1994, addressed as follows: David L. Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, Pennsylvania 17110 (Counsel for Plaintiffs) FOULKROD, REYNOLDS & HAVAS A Professional corporation By: ~~~~ ~haron Dell-Ga laghe, - Secretary at - ~ -' ~ -, ~.. ..~ t-~... W""oz UZu.w; ~o ~ I...~~;;'! ~vootin ,'J!I -!z '''.);;';,r. :.1':J.n~ . -:r. 0-", ~O Co> :lC n0- :=; ('l') ~ ~ ~ i( j g :r . iii III ~ ~ E 9 r! I ~ o H I- ,.. E RICK KNOSKY, and SUZANNE KNOSKY, Plaintiffs his wife, : . . IN THE COURT of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1'4 oZ9{p,J (!(~~e.. JLA.'~ JURY TRIAL DEMANDED . . v. ANNETTE C. MITCHELL, Defendant NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money 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 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 44899/JMD . . JURY TRIAL DEMANDED . . IN THE COURT of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. RICK KNOSKY, and SUZANNE KNOSKY, plaintiffs : his wife, : v. ANNETTE C. MITCHELL, Defendant . . NOTICIA Le han demandado a usted en la corte. si usted quiere defenderse de estas demandas expuestas en las paginas sugnuientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. COURT ADMINISTRATOR 4th Floor Cumberland county Courthouse carlisle, PA 17013 (717) 240-6200 RICK KNOSKY, and SUZANNE KNOSKY, his wife, Plaintiffs IN THE COURT of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. . . . . v. ANNETTE C. MITCHELL, Defendant . . JURY TRIAL DEMANDED COMPLAINT 1. plaintiffs Rick Knosky and Suzanne Knosky, are husband and wife, and are citizens of the Commonwealth of Pennsylvania and adult individuals who resides at 816 Fairview Road, Carlisle, Cumberland county, Pennsylvania. 2. Defendant Annette C. Mitchell is an adult individual and citizen of the Commonwealth of Pennsylvania who resides at 1910 Fry LOOp Avenue, Carlisle, Cumberland County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about October 7, 1993 at approximately 7:00 a.m. near the intersection of Media Road and Hamilton Street, Carlisle, Cumberland county, Pennsylvania. 4. At that time and place, Plaintiff Rick Knosky was operating a motor vehicle, a 1993 Ford E-250 Van, (belonging to his employer, Remco, Inc., Mechanicsburg, Pennsylvania), in a eastbound direction on Media Road. 5. At that time and place, Plaintiff Rick Knosky was traveling within the proper lane of travel for eastbound traffic on Media Road. 6. At that time and place, Defendant Annette Mitchell was operating a 1987 Toyota Pick-Up Truck in a northbound direction on Hamilton street and had approached the stop sign at the intersection of Hamilton Street and Media Road. 7. At that time and place, Defendant Mitchell left her lane of travel, entered Plaintiffs' lane of travel, struck plaintiffs' vehicle and pushed Plaintiffs' vehicle 180 degrees and into a parked car. 8. At that time and place, the front portion of Defendant Mitchell's vehicle violently collided with the rear quarter-panel of Plaintiffs' vehicle. 9. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by Plaintiffs Rick and Suzanne Knosky are the direct and proximate result of the negligent, careless, wanton and reckless manner in which Defendant Mitchell operated her motor vehicle as follows: a. failure to have her vehicle under such control as to be able to stop within the assured clear distance ahead; b. failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; c. entered Plaintiff's lane of travel before checking for oncoming traffic; d. failure to travel at a safe speed; e. failure to yield the right-of-way to Plaintiff's vehicle; f. failure to keep a proper watch for traffic on the highway; g. failure to drive her vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; h. failure to keep proper and adequate control over her vehicle; and i. driving her vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. CLAIM I RICK KNOSKY and SUZANNE KNOSKY, his wife, plaintiffs v. ANNETTE MITCHELL, Defendant 10. Paragraphs 1 through 9 of the Complaint are incorporated herein by reference. 11. plaintiff Rick Knosky sustained painful and severe injuries which include but are not limited to a cervical sprain and strain with resulting neurapraxia. 12. By reason of the aforesaid injuries sustained by Plaintiff Rick Knosky, he was forced to incur liability for medical treatment, medications, hospitalizations and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 13. Because of the nature of his injuries, Plaintiff Rick Knosky has been advised and, therefore, avers that he may be forced to incur similar expenses in the future, and claim is made therefor. 14. As a result of the aforementioned injuries, Plaintiff Rick Knosky has undergone and in the future will undergo great physical and mental SUffering, great inconvenience in carrying out his daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 15. As a result of the aforesaid injuries, Plaintiff Rick Knosky has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 16. As a result of the aforementioned injuries, Plaintiff Rick Knosky has sustained work loss, loss of opportunity and a permanent diminution of his earning power and capacity, and claim is made therefor. 17. As a result of the aforesaid injuries, Plaintiff Rick Knosky has sustained uncompensated work loss, and claim is made therefor. 18. Plaintiff Rick Knosky continues to be plagued by persistent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. CLAIM II RICK KNOSKY and SUZANNE KNOSKY, his wife, Plaintiffs v. ANNETTE MITCHELL, Defendant 19. Paragraphs 1 through 18 of the Complaint are incorporated herein by reference. 20. As a result of the aforementioned injuries sustained by her husband, Plaintiff Rick Knosky, Plaintiff Suzanne Knosky has been and may in the future be deprived of the care, companionship, consortium, and society of her husband, all of which will be to her great detriment, and claim is made therefor. WHEREFORE, plaintiffs Rick and Suzanne Knosky demand judgment against Defendant Annette Mitchell in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Respectfully submitted, ANGINO & ROVNER, P.C. d L. re I. . No. 3595 4503 North Front Street Harrisburg, Pennsylvania 17110 (717) 238-6791 Counsel for Plaintiff(s) Dated: ~ I \ I (j Lt VERIFICATION I, RICK KNOSKY, Plaintiff, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. section 4904, relating to unsworn falsification to authorities. w~ ~14 RICK Dated: VERIFICATION I, SUZANNE KNOSKY, plaintiff, have read the foregoing COMPLAINT and do hereby swear or affirm that the facts set forth in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa.C.S.A. section 4904, relating to unsworn falsification to authorities. WI~t ~ 5/ ;J.v ( qL{ l oK ylcU'-- . \lJbl suzr E KNOSKY '- Dated: RICK KNOSKY, and SUZANNE KNOSKY, his wife, Plaintiffs IN THE COURT of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. v. ANNETTE C. MITCHELL, Defendant JURY TRIAL DEMANDED DIRECTIONS FOR SHERIFF Please serve Defendant ANNETTE C. MITCHELL at her place of residence at 1910 Fry Loop Avenue, CarliSle, Cumberland county, Pennsylvania, by leaving a copy of the enclosed complaint with her or with an adult relative or with an adult/person in charge at that time. Respectfully submitted, ANGINO & ROVNER, P.C. , Esqu re No. 359 6 4503 North Front Street Harrisburg , Pennsylvania 1.7110 (717) 238-6791 Counsel for Plaintiffs Dated: ('/III;!' \,~ ~~~~:~,~, ':~:;, f......' -::r en '.--, ^ ,- , - ~} N :;> ''4 ...:,) ~ '" .~ .L ,- ..c., ~ ~~ -- '" ..:..:~ .11.", ., I i..., \~ f"') '0 c; () "n "- ........ '- --- ~ ~ _ CJ '-'~ ,,-j' .J :v") ~ ~ '0 ut;O o:w:: , a: ... a:"'- U)wll) . wz....< u>zz u:ooz ... a: W oa:u.Q. ~olli:g So15iil zzen c;Mtr z~~ <"J: - en .... CD cO '" '" j:; ~ . . ",. RICK KNOSKY AND SUZANNE IN THE COURT OF COMMON PLEAS OF KNOSKY, HIS WIFE, . CUMBERLAND COUNTY, PENNSYLVANIA . PLAINTIFFS . . V CIVIL ACTION - LAW . NO. 94-2965 . ANNETTE C. MITCHELL, DEFENDANT JURY TRIAL DEMANDED DEPOSITION OF: LAURA J. WEBER TAKEN BY: PLAINTIFFS BEFORE: KAREN C. ALBRIGHT, RPR NOTARY PUBLIC DATE: NOVEMBER 7, 1994, 7:45 A.M. o PLACE: SEIDLE MEMORIAL HOSPITAL 120 SOUTH FILBERT STREET MECHANICSBURG, PENNSYLVANIA APPEARANCES: ANGINO & ROVNER, P.C. BY: DAVID L. LUTZ, ESQUIRE FOR - PLAINTIFFS REYNOLDS & HAVAS BY: STEPHEN L. BANKO, JR., ESQUIRE FOR - DEFENDANT - v OR\G\NAL Hughes, 7llbright, 'Foltz J:r JVatole J?eportinu &riice, 8nc. 115 PINE STREET' HARRISBURG. PA 17101 Harnsburg 717.23205644 Fax 717023209637 LancaSler 717039305101 2 ~ 1 WITNESSES 2 NAME DIRECT CROSS 3 LAURA J. WEBER 4 BY: MR. LUTZ 3 5 BY: MR. BANKO 14 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 V 25 ~ o v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 LAURA J. WEBER, called as a witness, being duly sworn, testified as follows: DIRECT EXAMINATION BY MR. LUTZ: Q Would you please state your full name? A Laura Jean Weber. Q Your profession? A physical therapist. Q How long have you been a physical therapist? A Since 1985. Q Would you please explain to the ladies and gentlemen of the jury your educational background and the requirements to become a licensed physical therapist? A My educational background is a Bachelor's in science and Physical Therapy from Bowling Green state University. Their requirements for a physical therapist are completion of an educational program in physical therapy and a passage of a state licensure exam for a state license. Q When did you pass your state licensing examination? A 1985. Q Where are you presently employed? A Seidle Memorial Hospital. Q How long have you been at Seidle Memorial ~ o ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 Hospital as a physical therapist? A Since 1990. Q What do you do on a daily basis? A Treat patients. Q Over the years have you come to treat patients that have required physical therapy as a result of motor vehicle accidents? A Yes. Q Do you receive orders from physicians for physical therapy? A Yes. Q In fact, people must go to a physician first before they receive physical therapy? A Yes, in Pennsylvania. Q Does the physician some times prescribe physical therapy but it's up to you to determine the type of modalities and the goals that are set? A Yes. Q Miss Weber, what I'd like to do is direct your attention to the records that you have in front of you to answer any of my questions or Attorney Banko's questions with regard to the care and treatment that you provided to Rick Knosky. First of all, when did you first meet Mr. Knosky? A On 10-28-93. ~ o ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Could you explain to the jury what you did during the examination and what results, if any, you found? A I first looked at his posture, which I documented as unremarkable, which to me means that I didn't see anything grossly abnormal. I checked his neck range of motion which I found to be normal, although he reported tightness with bending his head to the right and bending his head backwards. Also had pain with bending his head to the left. I found that his resisted neck motions were strong and that there was no pain with testing that. He had tenderness and muscle guarding in his left cervical parespinals and bilateral upper trapezius muscles. Checked his shoulder range of motion on both sides and the strength which I found to be normal, except for tightness at the end ranges of flexion in the shoulders, the right one being greater than the left. And that's it. Q You mentioned muscle areas around the trapezius. Where is that on the human body? A It is between the neck and the shoulder girdle. Q After obtaining the history and performing the examination did you formulate a physical therapy treatment plan? 6 ~ , 1 A 7 My plan was to see him three times a week for 2 one to three weeks, if necessary. 3 Q 4 administer? 5 A What type of modalities were you planning to Well, on the first day I administered moist 6 heat, ultrasound and began exercises, and then the plan 7 was to continue with that and to add additional exercises. 8 Q 9 A What type of exercises? The first day he was given neck range of motion 10 exercises and then he was to begin the UBE, which is an 11 upper body ergometer. 12 Q o Would you explain to the jury what a UBE is and 13 how it works, and what do you do? 14 A A UBE is a bicycle that the patient sits on, 15 but then activates it with their arms rather than their 16 feet, so it goes in a circular motion like a bicycle but 17 with the use of the hands. 18 Q 19 A The purpose of this is to? For general upper body strengthening and 20 aerobic exercise for conditioning. 21 Q You also mentioned moist heat. What is it 22 about moist heat that that is designed to help? 23 A Moist heat is usually used for any type of pain 24 or muscle soreness, and is applied superficially to help ~ 25 increase blood flow and decrease muscle tightness. ~ 1 You also mentioned ultrasound. What is that? Q 2 Ultrasound is a deep heat. It's a machine A 3 which is used. Ultrasound waves are produced through the 4 vibration of a crystal and it is to heat the tissue deeper 5 below the skin, such as muscles and ligaments and tendons, 6 to help also produce increased blood flow but at a deeper 7 level, and to help relieve muscle tightness and spasm. 8 What were your physical therapy goals? Q 9 Goals were to decrease pain and decrease A 10 tightness with range of motion. 11 I think you indicated that you first saw Mr. Q 12 Knosky on October 28th, 1993. How often did you have him o 13 come back to the Physical Therapy Department at seidle 14 Memorial Hospital? 15 A The plan was for three times a week. I can 16 read when he returned was on November 1st, then November 17 4th, November 8th, 9th, 11th, 16th, 17th, 18th, and then he was to see the physician. Q Can you summarize for us how he was doing during the month of November 1993, in terms of physical therapy? 18 19 20 21 22 A Without going through the individual notes, you 23 mean? 24 Q Well, if you have to -- I V 25 A I have a letter to the doctor after he had 8 ~ o ~ 1 2 3 4 5 6 7 8 9 completed his first nine sessions. He reported that his neck felt 90 percent better after the first nine sessions; however, he was still getting pain when he turned his head to the left. Q And is your understanding that he then returned to Dr. Thompson? A Yes. That was the plan. I don't know if that happened. 9 Q Was there further physical therapy after the 10 last visit on November 1993? 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. He then returned on December 3rd, and that was after seeing Dr. Thompson who wrote a renewed prescription on December 2nd to continue treatment three times a week for another two weeks. Q Would you please identify the dates you saw him in December? A December 3rd, 6th, 7th, 13th, 14th, 15th, 22nd, 23rd, and then again on January 5th of '94. Q What were you doing for him in December? A Again, moist heat, ultrasound and exercise. Q How was he responding? A If I can read, on the 15th it looks like it said no significant change with additional PT. He's still getting pain in the left cervical region and upper trap, especially with turning his head. So up until his last ~ o ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 10 physician's visit up until the 15th of December there was not much change. Q You said pain in the left cervical region. Where is that? A In the left side of the neck, and the upper trap is that muscle between the neck and shoulder girdle on the left. Q You testified that the last time that you saw him for this program was January 5th, 1994? A Right. So on the 15th, Dr. Thompson okayed three additional sessions. After the three sessions he reported pain only when turning his head quickly, otherwise he felt much better. His range of motion was normal and pain free at that time. Q Did you see Mr. Knosky again in 1994? A Yes. He was referred and then seen on 8-26-94. Q Was this also Dr. Thompson or another 18 physician? 19 20 21 22 23 24 25 A That was another physician. Q Do you know if that physician is also with Dr. Thompson's office? A That's from the Family Practice Center, yes. Q How was he doing in August of 1994? A On the 26th, he reported that he had had intermittent pain since he was last discharged from ~ o v 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 physical therapy on January 5th. His most recent episode started a few days earlier without apparent reason. It had become worse on the day before his visit, which was the 25th. Pain was worse by the end of the day with occasional tingling down his left arm. And he had tried exercising on his own with free weights but did not tolerate it well because he was having pain. At that time I had him rate his pain on a zero to ten range with zero being no pain and ten being excruciating pain, and he rated it as a seven. Q Where was the pain located, according to Mr. Knosky? A Pain in the left upper trap. Q You mean trapezius? A Trapezius, yes. Sorry. Q What did you do for him that day? A I again evaluated him. Do you want me to go through with what I found with the evaluation -- Q Sure. A -- or just the treatment? At the time I evaluated him, his posture I stated his head was slightly offset to the right as compared to the trunk and rest of his body. His neck range of motion measurement, flexion was 40 degrees, extension was 35 degrees. Left rotation was 50 degrees and painful. Right rotation was 75 ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 o 12 degrees. Side bending was 35 degrees to the right and 20 degrees to the left. His upper extremity range of motion was normal, although there was strength deficit, which was graded as a good plus in the left shoulder for flexion and abduction. Q What's abduction? A Abduction is taking his arms away from the body out to the side. And then I checked some repeated motions, which had him do more than one motion in a certain direction at a time. Protraction caused pain more towards the middle of his neck as did flexion of his neck. And then he was instructed in exercises to do on his own. Q What type of exercises? A At that time he was instructed to do flexion exercises with over pressure to do every hour at home on his own. And this is again part of the McKenzie exercise 17 program. v 18 19 20 21 22 23 24 25 Q Explain that for the jury. A Robin McKenzie is a physical therapist out of New Zealand who has written several books on treatment of mechanical problems in the spine, and his whole premise is to evaluate mechanical problems and then to treat the patient on the basis of the results of those findings, to help centralize pain or move it towards the middle and then to abolish the pain. ~ o ~ 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 13 Q More specifically, what exercises did you instruct Mr. Knosky to perform? A On that first day he was to bend his head forward and then apply pressure to the back of his head with his hands to put it even more forward in the direction of his chin toward his cheek. Q Besides the exercise program, did you do anything else with regard to Mr. Knosky in August of '94? A No. Q Did he see you more than one time in August of '94? A Yes, on August 29th and August 31st. Q Did you continue to see him in September? A Yes. He was seen on September 2nd, on the 9th and on the 12th. Q Is september 12th, 1994, the last time you saw him? A Yes. Q How was he doing? A At that point he said his neck felt good. He had not had any bad days since starting his exercises. His neck range of motion was normal. And he had had no recent pain. Q Was the left shoulder pain free as of that time? 14 ~ ; 1 A I don't know. I don't have that documented. 2 Q Was the August and September 1994 program 3 restricted to exercises? 4 A Yes. 5 MR. LUTZ: Thank you, Mrs. Weber. 6 CROSS-EXAMINATION 7 BY MR. BANKO: S Q Just a couple of questions on cross. When you 9 first saw him back in October of 1993, is it true or is it 10 fair to say that the physical examination that you did and 11 his range of motion was within normal limits? 12 A Yes. o 13 Q And what he was reporting to you was tightness 14 or pain at a certain level or degree once he got to the 15 end of the normal range? 16 A Yes. 17 Q And you would agree with me that the reported IS pain by a patient is a subjective statement by him? 19 A Yes. 20 MR. BANKO: I have no other questions. Thank 21 you. 22 (The deposition was concluded at S:03 a.m.). 23 24 o '-I 25 15 ~ 1 COUNTY OF CUMBERLAND SS 2 COMMONWEALTH OF PENNSYLVANIA: 3 I, Karen C. Albright, a Notary Public, 4 authorized to administer oaths within and for the 5 Commonwealth of Pennsylvania, do hereby certify that the 6 foregoing is the testimony of LAURA J. WEBER. 7 I further certify that before the taking of 8 said deposition, the witness was duly sworn; that the 9 questions and answers were taken down stenographically by 10 the said Reporter-Notary pUblic, and afterwards reduced to 11 typewriting under the direction of said Reporter. 12 I further certify that said deposition was .J 13 taken at the time and place specified in the caption sheet 14 hereby. I further certify that I am not a relative or 15 employee or attorney or counsel to any of the parties, or 16 a relative or employee of such attorney or counsel, or 17 financially interested directly or indirectly in this 18 action. 19 I further certify that said deposition constitutes 20 a true record of the testimony given by the said witness. 21 IN WITNESS WHEREOF, I have hereunto set and 22 this 7th day of November, 1994. 24 u- RPR I! v NO T .\~ J- A' "-\l K^'''/I C - "-- M."tt .' ALoidCrlr. i'117:.r:y f'l!i!' Ie 1.:' 1-'01('\>.1"1. rll~r, ',",.. ...." ~ My I.U' ."1I ',~ 1, ' ,."., ',' L. .It)' . . ',j I:'. l',1}6 23 -...J 25 \ 'oCi RICK KNOSKY AND, . IN THE COURT OF COMMON PLEAS . SUSANNE KNOSKY, HIS WIFE, . CUMBERLAND COUNTY, . : PENNSYLVANIA PLAINTIFFS . . . . : CIVIL ACTION - LAW V . NO. 94-2965 . . . ANNETTE C. MITCHELL, . . DEFENDANT . JURY TRIAL DEMANDED . DEPOSITION OF: EDWARD THOMPSON, M.D. TAKEN BY: PLAINTIFF BEFORE: MARIA N. O'DONNELL, RPR NOTARY PUBLIC DATE: NOVEMBER 4, 1994, 9:00 A.M. 00 PLACE: MECHANICSBURG FAMILY PRACTICE 122 SOUTH FILBERT STREET MECHANICSBURG, PENNSYLVANIA APPEARANCES: ANGINO & ROVNER, P.C BY: DAVID L. LUTZ, ESQUIRE FOR - PLAINTIFFS FOULKROD, REYNOLDS & HAVAS BY: STEPHEN M. BANKO, ESQUIRE FOR - DEFENDANT ; . j 'V Hughes, 7llbrig1zf, 'FOltz ir JVatde :Reporting &rYii:e, 8nc. 115 PINE STREET' HARRISBURG. PA 17101 Harrisburg 717.23205644 Fax 717.23209637 Laneaslor 717.39305101 OR!GINAL i' y, 1 WITNESSES 2 NAME DIRECT CROSS REDIRECT 3 EDWARD THOMPSON, M.D. 4 BY: MR. LUTZ 3 17 5 BY: MR. BANKO 15 6 7 8 9 10 11 12 0 13 14 15 16 17 18 19 20 21 22 23 24 V 25 (J 11 12 0 13 14 15 16 17 lS 19 20 21 22 23 v 3 1 EDWARD THOMPSON, M.D., called as a witness, 2 being duly sworn, testified as follows: 3 DIRECT EXAMINATION 4 BY MR. LUTZ: 5 Q Would you please state your full name. 6 A Edward Monroe Thompson. 7 Q Your profession? S A Family practice. 9 Q Dr. Thompson, my name is David Lutz. I am the 10 attorney that represents Mr. Knosky. And present here is Attorney Stephen Banko who represents Miss Mitchell. We're going to be asking you questions concerning your care and treatment of Mr. Knosky relevant to an accident that occurred back in October of 1993, but before I ask you questions concerning your care and treatment, I would like to ask you a few questions about your background. First of all, doctor, where are your offices located? A Our offices are currently located at Mechanicsburg Family Practice Center in Mechanicsburg, Pennsylvania. Q I take it you treat with a number of other 24 doctors? 25 A Yes. We have a -- we're a residency training 4 ~ I 1 program. Counting residents, nurse practioners, 2 pediatricians, we have about eighteen physicians here. 3 Q How long have you been a physician? 4 A After graduation from residency, ten years. 5 Q Would you please summarize for the jury your 6 educational background? 7 A Yes. Where do you want me to start, college? 8 Q Sure. 9 A I graduated from Randolph Macon College in 10 Ashland, Virginia in 1976. 1977 to 1981 University of l1 Maryland Medical School. 1981 to 1984 Malcolm Grove Medical 12 Center, Andrews Air Force Base in Washington, D. C. o 13 I don't know if you want my flight surgery 14 qualifications? In 1986 I became a flight surgeon in the 15 Air Force, and have board certification in family practice 16 1984, recertification 1991. 17 Q Doctor, over the years, have you come to treat 18 patients that have been involved in motor vehicle accident 19 trauma? 20 A Yes, both in my capacity as a family practioner 21 and as an ER physician. 22 MR. LUTZ: At this point I am going to move to 23 have Dr. Thompson admitted as an expert in family practice 24 medicine and ask Mr. Banko if he has any questions on \./ 25 qualifications? 5 y, o 1 MR. BANKO: I have no questions on 2 qualifications. 3 BY MR. LUTZ: 4 Q Doctor, we're now going to direct our attention 5 to the care and treatment that you provided to Mr. Knosky. 6 First of all, was he your patient before October 7 7, 1993? 8 A Personally? 9 Q Or of the practice. 10 A Yes. He has been a member of our practice since 11 1969 for relatively infrequent visits. 12 Q Doctor, without going through each and every 13 office visit since 1969, can you tell us generally how was 14 Mr. Knosky's health before October 7, 1993 at least from a 15 musculoskeletal standpoint? 16 A Excellent. 17 Q When did you first see Mr. Knosky after an 18 accident of October 7, 1993? 19 A I first saw him on the 21st of October 1993. 20 Q And at that time, doctor, did you obtain a 21 history? 22 A Yes. 23 Q What history did you record as given to you by 24 Mr. Knosky? ~ 25 A Would you like me to read it or can she 6 o o 1 transcribe it from there? 2 MR. LUTZ: Actually, let's go off the record. 3 (Discussion held off the record.) 4 BY MR. LUTZ: 5 Q Doctor, can you paraphrase what you have there. 6 A Okay. On October 2lst I got a history describing 7 briefly the accident, the fact that he had no loss of S consciousness, no windshield break, and the fact that he 9 walked away from the accident without problems except for 10 some left scapular pain. 11 He apparently was seen in the Carlisle emergency 12 room with negative rib and chest x-rays there as per his 13 report. 14 He was treated with ice and a medication he could 15 not remember. And he got better until three to four days l6 before he saw me when he began having some pain in the neck l7 and the across the shoulders whenever he turned his head. lS He didn't have any symptoms that would indicate 19 to me he had significant nerve damage and he had no other 20 history of trauma to that area that I could elicit. 2l Q Doctor, you mentioned the term scapula. Where is 22 that? 23 A That's the shoulder blade. 24 Q Did you then perform a physical examination after \..-1 25 obtaining this history? o o ~ 7 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Would you explain to the jury what you do during your examination and what results you obtained? A When examining someone for this kind of injury, we like to ascertain whether they have significant neck or back injuries as best we can tell in the post ER setting. We look for the nerve examination and the back examination to make sure there are no deficits that we can see. On this particular patient, all of his cranial nerves which are the important nerves of the head seem grossly intact. He didn't seem to have any significant nerve damage to the neck, but he did have some edema, which is swelling and inflammation of the muscle along the left shoulder and the areas above the left shoulder blade. He had good range of motion of his neck and seemed to be okay down stream from the injury. Q Did you detect anything else besides the edema or swelling? A No. Q How about spasm, doctor? A with the -- I guess when I say swelling, that's when I say edema and spasm of the left muscle areas, so yes. Q What was your diagnosis? 8 () , 1 A My diagnosis was whiplash or it's also called 2 cervical sprain or strain. 3 Q What does that mean? 4 A It means after an injury a patient may have some 5 significant muscle spasms or tightening, in layman's terms 6 charlie horse, which can sometimes last for four to six 7 weeks with significant discomfort and occasional impedance 8 of job performance. 9 After that time, most patients get significantly 10 better, although they can have some pain and long lasting 11 discomfort, but usually within a year they are fully 12 recovered. o 13 Q Anatomically speaking, what is the mechanism of 14 the injury? 15 A The injury usually results from either a sideways 16 snap of the head or a hyperextension of the neck. Either 17 will cause significant strain on the muscles of the neck. 18 Q What was your treatment plan, doctor? 19 A Treatment plan on them was standard. We tried to 20 use some anti-inflammatory drugs, Motrin, and some 21 anti-spasm drugs, Flexeril, and more significantly ice and 22 physical therapy, ultrasound mobilization and stretching, 23 and we wanted to see him back if his symptoms persist. 24 Q Why did you feel physical therapy was necessary? v 25 A Physical therapy is not always necessary, but it ('I 1 seems to speed up recovery in most patients. 2 Q You indicated that you instructed him to return to you. Did he in fact do that? A Yes, he came back on the 2nd of December 1993. Q How was he doing? A He said that he felt 90 percent better, but still 3 4 5 6 7 had a pulling sensation on the left side of the neck and 8 across the left shoulder especially when he turned his head 9 to the left. 10 He had no other dysfunctional problems or trouble 11 sleeping that he related to me. 12 Q Did you examine him that day, doctor? o 13 A I had a more limited exam, but I did re-examine 14 the area that had bothered him before. 15 Q What were your findings? 16 A He seemed to have much less spasm of the muscles 17 on both sides. He did have an area on the left, the part of 18 the neck where one of the nerves comes out that seemed 19 especially tender to him, but it didn't restrict his motion. 20 Q Did your diagnosis change? 21 A Somewhat. I changed the diagnosis to neuropraxia 22 related to cervical strain. This means basically an insult 23 to the nerves, which is not unusual in this type of injury, 24 in that they get bruised would be the best word I think, and , ~ 25 can bother the patient sometimes for several months after 9 () , 9 10 11 12 0 13 14 15 16 17 IS 19 v 10 1 that, but recovery with neuropraxia is usually full. 2 Which nerves? Q 3 This one in this case was the -- where I thought A 4 was the occipital nerve which is a nerve that supplies 5 sensation to the left side of your neck and the left back 6 side of your head. 7 What was your treatment plan as of December 2, Q S 1993? A I thought he with would benefit from prolonged physical therapy 1 in other words, adding some physical therapy to what we had already done. Since it was 90 percent better, I didn't get any more aggressive other than to change his medication to one that in my experience has a little better inflammatory efficacy. He asked me at the time whether -- how I thought he would do, and I thought that he would do fine even with this persistent discomfort that he had. Q And did you give him instructions on December 2, 20 1993? 21 A Other than what we'have already said, I told him 22 to return to clinic if the symptoms persisted or worsened, 23 which is my standard instruction. 24 Q Did he do that? 25 A He called us on March 3, 1994 complaining that () 11 1 his back felt sore from shoveling snow and he wondered what 2 to do. 3 This was handled by phone, and basically 4 consisted of similar treatments, cold applications with some 5 Advil. And if it persists, he was to call back. 6 Q Obviously, doctor, the shoveling snow would have 7 nothing to do with this accident? 8 A I don't think so, no. 9 Q When is the next contact in terms of the neck or 10 left shoulder? 11 A The next time we saw him was on the 24th of 12 August 1994. () 13 Q Who saw him at that time? 14 A Lisa Stokes, our certified nurse practioner. 15 Q Tell us about that visit, doctor, from reading 16 the notes from Miss Stokes. 17 A The patient complained of worsening and more 18 frequent intervals of left shoulder pain or spasm in the 19 muscle without any weakness or numbness. 20 He occasionally, I am not sure how to explain 21 that, he occasionally had some non-specific symptoms of some 22 tingling in the fingers, although he could not pinpoint 23 that. 24 He did have a little trouble working on car , ~ 25 repairs, especially when lifting weights which he does 0 1 2 3 4 5 6 7 8 o ~ 12 frequently at work, and had not tried any treatments for it. He did relay to Miss stokes the whiplash injury and the fact that he had six months of pain free time. Q what was done for him that day? A He was examined, found to have some tender and spastic muscles along the left trapezius muscle which is the broad muscle across your left shoulder, but with no 9 inhibition of motion, and a normal neurologic exam. 10 Q Was there any treatment prescribed? 11 A Yes. She treated him with anti-inflammatory 12 drugs and muscle relaxers that had been used with some 13 efficacy before, also sending him to physical therapy and 14 putting him on light duty for two weeks, though I cannot be 15 more specific as to what that entailed. 16 Q You said that Miss Stokes is a certified nurse 17 practioner, but you also indicated there was medication 18 prescribed. How is that done? 19 A At this clinic we have a full-time preceptor who 20 is available at all times for nurse practioners for 2l consultive purposes and for prescription writing purposes. 22 I could look and find out who that was, but nurse 23 practioners are used very liberally and in my opinion are 24 quite competent. 25 Q Doctor, after Miss stokes saw Mr. Knosky, did you o 6 7 S 9 10 11 12 0 13 14 15 16 17 IS 19 u 13 1 then see him? 2 A Yes, on the 7th of September he apparently was to 3 follow-up with Miss Stokes, but no showed for that 4 appointment, after which time we sent him a letter. And 5 then I saw him yesterday which was the 3rd of November. Q Tell us what you did for Mr. Knosky yesterday. A Mr. Knosky complained of persistent left shoulder pain, but was specific that the neck pain had gotten much better on Miss stokes' treatment. He stated that whenever he turned his head to the right, he experienced pulling and sharp pain along the left shoulder blade area on the inside. When I asked him, he indeed had some bogginess and spasm and tenderness along the inside border of the left shoulder blade indicating some muscle spasm. I was unable to elicit a precipitating event, but knowing that he responded favorably to physical therapy in the past, re-initiated physical therapy with specific instructions for ultrasound, strengthening, stretching and 20 electrical stimulation, which is pretty aggressive treatment 21 and should help him. 22 Q Given your last statement, what is your 23 prognosis? 24 A I still think he should do very well. Most 25 people with this type of problem respond quite well to 14 () 1 physical therapy with total recovery especially at his 2 younger age, though occasionally they may have flare-ups 3 over an unspecified amount of time. 4 Q Doctor, you mentioned spasm in the left 5 shoulder. What causes a spasm? 6 A Usually spasm is either caused by direct trauma, 7 indirect trauma, or postural problems. 8 Q Is this something that you actually can detect on 9 physical examination? 10 A Yes, you can with experience -- you can actually 11 feel an asymmetry or a difference in mucles on both sides, o 12 particularly if you are working in the area where the 13 patient is complaining of discomfort. 14 Q Is this something that a patient can reproduce or 15 not? 16 A No. 17 Q And is this an objective sign of a problem? 18 A This is usually objective if you are able to find 19 anything. Sometimes you can't, but when you do, it is 20 objective. 21 Q Do you have any fOllow-up appointments with Mr. 22 Knosky? 23 A I have fOllow-up appointments with Mr. Knosky if \ ' V 24 he does not respond favorably to the physical therapy. 25 Q Doctor, based on the history of the motor vehicle 15 i~ , , , , 1 accident of October 7, 1993, your physical examinations, do 2 you have an opinion with a reasonable degree of medical 3 certainty whether Mr. Knosky's cervical strain with the 4 neuropraxia and the left shoulder injury are causally 5 related to the subject motor vehicle accident? 6 A I think with reasonable degree of certainty, I 7 can say that the first two visits were related to the motor 8 vehicle accident, and the last 2 visits probably related to 9 the motor vehicle accident. 10 Q what is the basis of your opinion, doctor? 11 A The first two are related temporarily in a very 12 linear association. The last two came after a six-month o 13 pain free interval, and that's why I give the caveat of 14 probably. 15 MR. LUTZ: Thank you, doctor. 16 CROSS-EXAMINATION 17 BY MR. BANKO: 18 Q We need to explore that a little bit, Dr. 19 Thompson. I mean I am not sure that yo~ have given either 20 one of us what we need with the word probably. 21 A All right. 22 Q And you don't have any idea what happened in the 23 six months between the time -- well, in fact it was more 24 than six months, it was really eight months between the time .....,I 25 that you saw him in December and then the following August o o ....) 16 1 whenever it was, correct? 2 A Correct. 3 Q All right. And in between we know that he had at 4 least one traumatic event where he hurt himself shoveling 5 snow? 6 A Correct. 7 Q We know that he works in a job that requires some S 9 10 11 12 13 14 15 16 17 1S 19 20 21 22 23 24 25 lifting of refrigeration materials? A Correct. Q Now, when you first saw him back in October, he said that he had done well right after the accident, but then in your note it says it was an insidious onset of pain in neck and upper trapezius muscle. What do you mean by the word insidious? A Not abrupt, slow to increase. Q And when he saw you, when you examined him about his prior history of trauma, he didn't give you any traumatic event in his prior history? A No. Q Then you the saw him again on December 2, 1993 and he reported to you that he felt 90 percent better but still had some pulling sensation down the left side of his neck? A Yes. Q And you noted in the objective portion of your o 17 1 2 3 4 5 6 7 S 9 10 11 report that there was no restriction of motion whatsoever? A Right. Q His condition was such that when he came back in August of 1994 he did not see a medical doctor here in the group, correct, he saw a nurse practioner? A Unless she requested that the preceptor see him, no, he saw a nurse practioner. Q Is there any indication in the note that he saw a medical doctor? A No. Q All right. And it would be fair to say that the 12 treatment that was rendered in October and December of 1993 ~ 13 was for a relatively minor injury? 14 A I guess it depends on your point of view, but 15 from a medical point of view, yes. 16 MR. BANKO: I have no further questions. Thank v 17 1S 19 20 21 22 23 24 25 you. REDIRECT EXAMINATION BY MR. LUTZ: Q Doctor, you used the term preceptor twice. I am not sure that the jury will understand what that means. A Preceptor is a licensed physician on full-time faculty at our residency program who is responsible for answering any questions that resident physicians as well as nurse practioners have about the care of any patient they o o \ . v 18 1 see. 2 3 4 5 a.m. ) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. LUTZ: Thank you, doctor. MR. BANKO: Thanks. (Whereupon, the deposition was concluded at 9:26 19 f7) 1 COUNTY OF DAUPHIN 2 SS 3 COMMONWEALTH OF PENNSYLVANIA 4 I, Maria N. O'Donnell, a Notary Public, authorized to 5 administer oaths within and for the Commonwealth of 6 Pennsylvania, do hereby certify that the foregoing is the 7 testimony of EDWARD THOMPSON, M.D. 8 I further certify that before the taking of said 9 deposition, the witness was duly sworn; that the questions 10 and answers were taken down stenographically by the said 11 Reporter-Notary Public, and afterwards reduced to o 12 typewriting under the direction of the said Reporter. 13 I further certify that the said deposition was taken 14 at the time and place specified in the caption sheet hereof. 15 I further certify that I am not a relative or employee 16 or attorney or counsel to any of the parties, or a relative 17 or employee of such attorney or counsel, or financially 18 interested directly or indirectly in this action. 19 I further certify that the said deposition 20 constitutes a true record of the testimony given by the said 21 witness. 22 IN WITNESS WHEREOF, I have hereunto set my hand 23 this 5TH day of NOVEMBER, 1994. v 25 NOTARIAl SEAL MARIA I/ATAlE O'DONNEll, Notary Publ ie ltarr1sburg, Dauphin County My Commission E. \ ~\ \LiU I C, )) (. .IjlLlL( Ma ia N. 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'. 1 - ~ ... ,ii ~ ~ ~ ~ ~ UI " I ... , , :J ' .~ 0 ~ t":' ~j , 0 :~f, .~ ,.l ~ ....: . . 0 v. ~ '~t.: Q iJ" l \. ~ t::- :~ ~ 'ili ". . l'l i>'1 ~~ '" ~ , , ,"" i , , \ t~. I~ ' ~ -.. ~~ l~ E ~'" ~ ~ i;; ~ '~ I:; ~ '{ 0'1', ~ ~ ~ ~ ~ I~ ~ 0: ~ ~ ,~ 00 ~ Q " ' . '. .... ,f .~ . ~-",,:, . .,.",., ,; ; ....{! '{:':i" PRAECIPE FOR LISTING CASE FOR TRIAL (Must bo typowrlllen and submlllod In duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY (Check ono) Please IIslthe following case: (X ) for JURY Irlal 01 :ho nexllerm of civil courl. V1 ... ...., w:> ( ) for Irlal wlthoul a jury, (...) ..............................................................................................................................................................................~__u~................................ , <TI \.. ~..l.'. ~ CAPTION OF CASE (enllre caption musl be slaled In full) (check one) " ,. -"-.: - u:> .c.. Assumpsit Trespass RICK KNOSKY and SUZANNE KNOSKY, his wife, (Plaintiff) Trespass (Motor Vehicle) Civil Action - Law (olher) (X) VSo The Irlalllsl will be called on 10/18/94 and ANNETTE C. m'l'CHELL Trials commence on 11/14/94 (Defendant) Pretrials will be held on 10/26/94 (Briefs are due 5 days before prelrlalso) (The parly Iisllng this case for Irlal shall provide forthwith a copy of Ihe praecipe 10 all counsel. pursuant to local Rule 214,10) VSo 296~ No, .. _o____'. Clvil__________ 19 9,? Indlcale the allorney who will try case for Ihe party who flies Ihis praecipe: .for.. Def.endants, Stephen L. UunkoLJr", J:U1IUir.l!, Indicate Irlal counsel for olher parties II known: fO_I:_1)Jilin.!:~f[" D,i1vid,l.,._)..u.t~ '0' ,Esquire Dale: (~ / j!~ r,l! 51'""- r7J!!'J Print Nam~: ~el:hen L. B}mko,_~!=:~___. This case Is ready for trial, Allorney lor: Defendants -.I' __ ..~ . CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing document on all counsel of record by placing the same in the United States Mail at Harrisburg, Pennsylvania, first-class postage prepaid, on the /~~day of September, 1994, addressed as follows: David L. Lutz, Esquire Angino & Rovner 4503 North Front Street Harrisburg, Pennsylvania 17110 (Counsel for plaintiffs) FOULKROD, REYNOLDS & HAVAS A professional corporation By: ~~~.~ haron Dell-Gal'lagh secretary ~ ~ ~ ~ III ~ ( ~ ~1~lai !l1!!l ~ ( i i :l ( J: ~ C'/ " ell o cD o II .. r- E CXMo1ONWEl\L'lli OF PENNSYLVANIA: COUNI'Y OF ClMBERLAND SHERIFF'S RETURN In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2965 Civil Term Civil Action Law Complaint Rick Knosky and Suzanne Knosky, his wife VS Annette C. Mitchell Timothy Reitz , :6>>1Uilflf~ Deputy Sheriff of Cunberland County, Pennsylvania, who being duly S\'IOrn according to law, says. that he served the within Civil Action Law Complaint upon , the defendant, at 9: 10 o'clock annpttp C. Mitchell a .M. ~~ I EDST, on the June , 19l4 at day of 06 ~ln ~rnlth WP~t Street, Carlisle . Cumberland County, Pennsylvania. by handing to Annette C. Mitchell a true and attested copy of the Civil Action Law Complaint and at the same tUne 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 2.00 18.80 Pd. by Atty. 6-07-94 r~=~~~ R. Thanas Kline, Sheriff .~~ by rT/~~1/7 {Z57 Depu ty She6ff SWorn and subscribed to before roo this 1'1 ~ . , day of I,~IIL'~~ I 19 .~ '/ A.D. -', 7'1" Q )Lt~;~....AYf' Prothonotary RICK KNOSKY, and SUZANNE KNOSKY, his wife, Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 94-2965 ANNETTE C. MITCHELL, Defendant : JURY TRIAL DEMANDED PRAECIPE TO: Prothonotary Cumberland county Court of common Pleas cumberland county Courthouse One Courthouse Square Carlisle, PA 17013 Please mark the above-captioned action as settled, discontinued, and ended, and issue a certificate of Settlement. Respectfully submitted, , P.C. - Dated: I - J, -q~ Dav d L I.D. No. 4503 North ront Street Harrisburg, Pennsylvania 17110 (717) 238-6791 Counsel for plaintiffs cc: Stephen Banko, Esquire 48245/MLS /1-tQ-C(4 v. CIVIL ACTION - LAW , RICK KNOSKY and SUZANNE KNOSKY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNETTTE C. MITCHELL, Defendant NO, 94-2965 CIVIL TERM IN RE: PLAINTIFFS' MOTION FOR A NEW TRIAL ORDER OF COURT AND NOW, this i f{.day of January, 1995, upon consideration of the attached letter from David L. Lutz, Esq., indicating this matter has been settled, the hearing previously scheduled for February 2, 1995, is hereby CANCELLED. BY THE COURT, J. '''1~ tf .J~\~ J~ David L. Lutz, Esq. 4503 North Front Street Harrisburg, PA l7110 Attorney for Plaintiffs Stephen L. Banko, Jr., Esq. 101 pine Street, P.O. Box 932 Harrisburg, PA 17108 Attorney for Defendant Court Administrator :rc I j/f;' I ' '--".. , 'SS IW'U,\IlUt',.\MiI!\IJ I..\W "......Il't'~"" ~..;II.J.tlOnr,,;I';1f ANIllNO & 1~()\'Nlo:H. I ~C. 1717IU:IH-fI7111 TI':Nln'I'lIU'MA:'.' MIl'IIAI':I.I':' KUHIK 1'.\TlIl':tu~l': U :\IAIIAH\'.KmTII IIM'mH WIH~I'~KI MU'IIAfo:l.J, NA\'ITHK" 1.A\\'Ht:NI'fo:V,IIAIWI'\iI': HTIWnl-:l"Iii N. l'I':III':I~Hfo:~ JUHIWIIUMI':I.II.I.c1 1I.\\'IIII..J.tlT? 1'.\MI':I..\II.HlIl1t.IAI'\i HU'IIAIlU .\, HAIII.c"'K !\lJul.Y....ClI~UN HOmN J, MAHZt:l.I.A ".\YON I.. Jt:!\SI~UH ,UlI:1 ~lI1lTII .'I~fI!\T H1'ln:t:r IIAIUUKIIl'IflI.I't::<IiiS.\_ 17111I .'AX '7171 U:lK-l"ofllll December 30, 1994 The Honorable J. Wesley Oler, Jr. Cumberland county Courthouse One Courthouse Sq South Hanover st Carlisle, PA 17013 Re: Knoskv v. Mitchell Cumberland County civil Action No. 94-2965 Dear Judge Oler: The Argument above-captioned case has been settled. Therefore, on February 2, 1995 at 9:30 a.m. is not necessary. Very truly yours, ~f~ DLL/mls cc: Thomas Cheffins, Court Administrator Stephen Banko, Esquire 59303/MLS