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KELLY A. SHARP,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
Civil Action - Law
ENDODONTIC SPECIALTIES
AND CREGORY M. SMEE,
D.M.D. ,
No. 94-SU-4689
Defendant
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Deposition of: BURTON J. SHARP, JR.
Taken by Defendant
Date September 27, 1995, 10:00 A.M.
Place 320 E. Market Street
Harrisburg, Pennsylvania
Before Ann M. Wetmore
Reporter - Notary Public
APPEARANCES:
DIVEGLIA & KAYLOR, P.C.
By: ARCHIE V. DIVEGLIA, ESQ.
For - Plaintiff
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By: KAREN S. FEUCHTENBERGER, ESQ.
For - Defendant
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INDEX
WITNESS
BURTON J. SHARP
By Ms. Feuchtenberger
By Mr. Diveglia
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Examination
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STIPULATION
2 It is hereby stipulated by and between
3 counsel for the respective parties that reading,
4 signing, sealng, certification and filing are
5 hereby waived; and all objections except as to the
6 form of the question are reserved to the time of
7 trial.
8 BURTON JOHN SHARP, JR., called as a witness,
9 being duly sworn, testified as follows:
10 EXAMINATION
11 BY MS. FEUCHTENBERGER:
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Mr. Sharp, my name is Karen Feuchtenberger, and I
am representing Endodontic Specialties and Dr.
Smee today relative to the lawsuit filed against
them by your wife. Have you had your deposition
taken before?
No.
I'm sure your attorney explained to you what's
going to happen, but just basically, I'm going to
ask you questions relative to the lawsuit that's
been filed by your wife. Just a couple ground
rules. If you don't understand or hear a question
I ask you, please tell me that you haven't heard
or understood. Otherwise, I will assume that you
have. Also, you have to answer verbally rather
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Exam./Feuchtenberger - B. Sharp
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than shaking your head or nodding because the
court reporter has to take your words down. Okay?
Right.
And also, wait until I finish a question before
you answer, again, so the court reporter can take
the words down. She can't take two people talking
at once. Okay?
If at any time you need a break, I don't
think we'll be here that long, but if you need a
break, just let us know. Okay? Would you state
your full name, please, for the record?
Burton John Sharp, Jr.
And your age, Mr. Sharp?
30.
What's your educational background starting from
high school?
I have a high school degree and associate's'
degree.
And the associate's degree is from where?
HACC.
And what's that degree in?
Liberal arts.
And is that a two-year program that you got your
associate's degree?
Yes.
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Exam./Feuchtenberger - B. Sharp
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When was that graduation? When did you get that
degree?
Maybe '89 or '90.
When did you graduate from high school?
'83.
Do you have any other degrees or licenses?
No.
Do you have any military service?
Yes.
And what service was that?
I was in the Marine Corps.
And for how long?
Four years.
What were the dates?
October of '83 to August of '87.
And were you honorably discharged?
Yes.
What rank?
Corporal.
And did you have specific duties in the military
service?
Yes.
What were they?
I was a section chief for a piece of artillery.
And you are married to the plaintiff in this case,
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Kelly Sharp?
Yes.
And when did you marry Kelly?
, 90, , 91.
'91, or you are not sure? '90 or '91?
It must have been '92.
Do you have any children?
Two.
Since your military service ended in 1987, what's
been your employment history?
I work for Sigma, Sigma Network of Pennsylvania.
I drive a truck there.
And that's your job currently?
Yes.
You have been there since 1987?
Since '89. When I got out of the service, I was
in college and I had a couple part-time jobs. And
I have been there ever since.
And you drive truck. Is that a tractor trailer?
Right.
Do your duties take you overnight travel, or is it
all local driving?
Overnight.
Are there certain days of the week you are out of
town?
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Yes.
What days are those?
They vary. Like right now, it's Monday night,
Wednesday night and Thursday night. Back when
this happened, I don't know what my nights were.
They vary from week to week or is it less often
than that?
Every six months they vary.
Do you have set hours when you are in town not
overnight that you work?
Yes. Pretty much the same hours every week.
And what are they?
Right now, I leave Monday at like 7:00, and I'm
home 8:00 Tuesday morning. And then Wednesday
night I leave around 7:00 and I'm home about
10:00, 10:30 Thursday morning. And then I leave
Thursday night at about 7:00. Then I'm home by
1:00 or 2:00 Friday.
So, right now when you come home Tuesday morning
about 8:00 a.m., you are off then Tuesday until
you leave Wednesday?
Right.
Let's talk about your wife and actions related to
this lawsuit. Before your wife went to see Dr.
Smee, who is one of the defendants in this
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Exam./Feuchtenberger - B. Sharp
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lawsuit, what other dentist had she seen that you
are aware of?
Dr. Percarpio. It might have been Dr. Keane. We i!
go to Keane and Percarpio, and I get them mixed
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Is Percarpio, p-e-r-c-a-r-p-i-o?
I believe.
Keane, K-e-a-n-e?
Right. We see the younger doctor. I think that's
Percarpio. I'm not really sure.
Do you know when your wife first started seeing
Dr. Keane or Percarpio?
Probably right around 1991, somewhere in there.
That's who my dentist was and that's-- I don't
know. She just started going there.
So, she started going to Dr. Keane and/or
Percarpio prior to your marriage?
'.
No. I think we we~e married when she started to
go see him. I don't know who she saw before.
Did your wife ever talk to you about the dental
visit she had with Dr. Keane or Percarpio?
I guess a little bit. She would come home and
tell me what happened. I just know she needed a
root canal.
So, prior to the time when you say, "She needed a
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root canal," you don't recall any other incidents
of other treatments she had with Dr. Keane or
Percarpio?
Not really.
Do you recall then about when you said she said
she needed a root canal, about when that would
have been?
No.
When she told you she needed a root canal, had she
been to the dentist, saw Dr. Keane or Percarpio,
then came home, said, By the way, I have to get a
root canal, so I have to see somebody else?
I don't know.
So, your only recollection at this point is she
needed a root canal at some point?
Yes. She didn't want-- Dr. Percarpio didn't want
to do it, because he just sent her to a
specialist.
You don't recall why he didn't want to do the root
canal?
I guess she has sensitive nerves or whatever. But
Dr. Keane just thought it would be better if a
specialist did it. He figured a specialist could
do it, I guess, better than he could.
When you interchange Dr. Percarpio and Dr. Keane,
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is that just you are not sure which doctor she had
seen, or just because they are in the same office?
I know she sees the young one.
I think that's
Percarpio.
I know she saw the same one I did.
Now, when she was sent to a specialist for this
root canal, do you know who that dentist was?
Well, Dr. Smee.
I mean, just because of his name.
I heard his name now this morning, but I really
didn't know before.
So, before this morning, you didn't really know
Dr. Smee as the person who did the root canal on
your wife?
Yes.
I have heard that name.
But before she
went, she didn't say, I'm going to Dr. Smee to
have a root canal.
Do you know about when it was she went to see Dr.
Smee for the root canal?
It was in August. See, I can't remember.
I just
know the dates now are August.
She went in
August.
Do you know what year?
It was maybe three years ago, two years ago.
Now, after she had her root canal performed by Dr.
Smee, did she tell you anything about that?
Just when she came home that night,
She came home
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Exam./Feuchtenberger - B. Sharp
and her face hurt. She's like, Yes, the guy root
canaled the wrong tooth.
Did she tell you anything else other than that?
I guess she said it hurt. And then she said, Yes,
the guy root canaled it. And then he looked at
his notes, and he's like, Oh, shit, I root canaled
the wrong tooth.
I said, Well, did he-- I guess
then he did the other one. And I guess that's
about all we talked about. She said it hurt and
she was laying around then.
Did she tell you whether or not she had spoken
with Dr. Smee's office prior to going to get the
root canal performed?
No.
She didn't tell you that?
She didn't tell me that.
Did she say to you why she thought he had done the
wrong tooth or how she knew or thought it was the
wrong tooth?
Because when the doctor looked at his notes, he
said, Oh, shit, I root canaled the wrong tooth.
Did your wife tell you if Dr. Smee said anything
else to her?
I don't know what else he said to her.
Do you recall your wife having any prescription
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Exam./Feuchtenberger - B. Sharp
when she came home from the root canal?
I don't know if she had any prescription
medication or not.
Did you go to the pharmacy for her to have any
prescription filled?
No, not that I remember.
I saw her take Advil or
Tylenol or something.
Now, after she came home after the first root
canal with Dr. Smee, did she call Dr. Smee at all
that you are aware of?
I don't believe.
Do you know if she called Dr. Keane or Dr.
Percarpio?
I know she-- She talked to Dr. Keane or
Percarpio.
Were you there when she talked to them?
I was probably in the house, but not right there.
So, you didn't hear the conversation that she had
with Dr. Percarpio or Keane?
Not that I remember.
Did she tell you why she was calling them?
No. She might have had an appointment with them.
I know she talked to them. Maybe she talked to
them at the office then.
I don't remember.
Did you recall that your wife went back to see Dr.
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Smee after the initial root canal work was
performed?
I don't remember.
Now, during the time-- You said this was about
August that the root canal was performed. Did you
call Dr. Smee's office at any point?
No.
Did Dr. Smee's office call your home at any point?
Yes. The receptionist or somebody called.
Did you talk to the receptionist?
Yes.
And do you recall what that conversation was?
They just asked how she was. And then I think--
Well, how the fuck do you think she is? The
asshole fucking root canled the wrong tooth.
They're like, That's why we are calling. We are
concerned. And I think I just hung up on tnem. I
don't remember all of it.
Do you know about what time of day that call came?
No.
Do you remember what day it was?
No.
I'm going to read to you what is in the notes of
Dr. Smee for August 27th, 1992.
"8/27/92 at 10:45
a.m., home number, no answer. We'll try to reach
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patient again. 3:20 p.m., spoke with husband who
stated she seems to be doing fine. Left message
for patient to call if pain or problems with
tooth. Patient called our office. Very painful,
can't put teeth together yet, taking antibiotic,
no swelling. Patient spoke to Dr. Smee." Then
there's some more.
Do you recall the conversation being that you
stated that your wife was doing fine?
I don't remember that.
Are you denying that you made that statement?
Yes. Why would I say she's fine when the doctor
root canled the wrong tooth and her mouth was
swelled up?
Do you recall that at any point after that of
having any prescriptions filled for your wife?
I don't remember.
When the receptionist called your home that day,
was Kelly at home?
Yes, I think so.
Did the receptionist ask to speak to Kelly at all?
I think she just asked me, you know, how my wife
was.
Do you recall the name of the person who phoned
your home that day?
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It's hard-- I just remember the first couple of
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days she couldn't open her mouth.
It was sore.
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don't know.
I just-- I don't know.
I didn't see
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how it could be like that. Because I have had a
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root canal, and I came home and could eat.
My
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mouth wasn't swollen. And he's a specialist and
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she can hardly open her mouth.
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When you talk about her mouth was swollen, where
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was the swelling?
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I guess just around here.
I just-- It's hard to
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remember.
I remember her mouth was sore, you
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know, it hurt.
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When you said "around here," you pointed to both
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That's where I'm pointing.
See, it's been so
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sides of your face?
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I guess just, you know, around the tooth there.
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And, again, you are pointing to both sides of your
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long.
I know her mouth hurt and her mouth was
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swollen.
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Exam./Feuchtenberger - B. Sharp
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So, I think you testified you don't recall her
going back to Dr. Smee for a second appointment?
No.
So, you don't recall her telling you anything
about a second appointment with Dr. Smee, what
occurred then?
I don't remember.
About how long do you recall your wife's mouth
being sore and swollen?
I don't really remember.
Couple of days.
It
could have been a week or two.
Do you know then if your wife went back to see Dr.
Keane or Percarpio after this?
I know she has seen them.
I don't know if it was
for this or-- I mean, I know she's gone back
there.
I know she went and saw another dentist.
And who was that?
I don't know.
Do you know the reason she went to another
dentist, other than Dr. Keane and Percarpio?
I think she just wanted somebody else to look at
her tooth too.
Do you have any idea about when that was that she
saw this other dentist?
Not really.
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Exam./Feuchtenberger - B. Sharp
17
Has your wife had any other work, any other root
canal work done since this work by Dr. Smee?
No, not that I remember.
Do you recall the name of Dr. Hiltz?
No.
Or Dr. Otto?
I have heard of Dr. Otto.
But you don't know if he saw your wife or what he
did if he did see your wife?
I don't remember.
So, since the couple of days or perhaps a week or
two that you said your wife may have had pain from
this root canal and swelling, has she had any
further complaints since then about this tooth?
Not to me.
Has she told you about any other visits to any
other doctors or orthodontists or any dental
persons?
Just I know she saw somebody, somebody else after
this.
But she didn't tell you anything about the visit
or what they said?
I think the other doctor said that-- I don't
know. He screwed that root canal. Even the one
he did right, the right tooth, it wasn't right or
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Exam./Feuchtenberger - B. Sharp
18
something, whichever doctor that was.
But you don't know that any further root canal
work was performed?
Not that I know of.
So, at this point, your wife is not complaining of
any problems with her teeth as a result of the
root canal?
Not right now.
Do you know who, if anyone, your wife sees now for
dental work?
I don't know.
You don't know if she is seeing Dr. Keane and
Percarpio still?
I don't know.
Did your wife at any point indicate to you what
tooth or teeth the root canal was performed on?
I'm sure she did, but I don't know.
You don't recall the location in her mouth where
those teeth are?
No.
Did your wife tell you at any point when it was
suggested to her she may need a root canal, that
she had any other option besides a root canal?
I don't know.
Did you personally talk to any of the dentists who
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Exam./Feuchtenberger - B. Sharp
19
performed any work on your wife's teeth?
I think just Dr. Percarpio.
And when would that have been?
Just like one of my regular appointments, I
mentioned something. He just said, Oh, boy, what
a mess that is. That's all he said.
Do you recall your wife ever telling you that she
was taking Tylenol with codeine?
I don't remember.
MS. FEUCHTENBERGER: I don't think there's
anything else.
MR. DIVEGLIA: No questions here.
(The deposition concluded at 10:30 a.m.l
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{
20
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
I, Ann M. Wetmore, Reporter and Notary Public
in and for the Commonwealth of Pennsylvania and
County of Cumberland, do hereby certify that the
. foregoing deposition was taken before me at the
time and place hereinbefore set forth, and that it
is the testimony of:
BURTON J. SHARP, JR.
I further certify that said witness was by me
duly sworn to testify the whole and complete truth
in said cause; that the testimony then given was
reported by me stenographically, and subsequently
transcribed under my direction and supervision;
and that the foregoing is a full, true and correct
transcript of my original shorthand notes.
I further certify that I am not counsel for
or related to any of the parties to the foregoing
cause, or employed by them or their attorneys, and
am not interested in the subject matter or outcome
thereof.
Dated at
Pennsylvania,
1995.
East Pennsboro Townsh:4>, .,. ,
this I~II.J day of (:r::fn-fIYV
NOTAIW. SEAl
ANN II. WEl'MOIl'E. Ilolaty PublIc:
fIIll'llnnlboro Twp.. annbertand Co. PA
My Commllllon Explrlll Dee, 28, ,.
l-d1~ ~J
Ann M. ~lettnore
Reporter - Notary Public
(The foregoing certification of this transcript
does not apply to any reproduction of the same by
any means unless under the direct control and/or
supervision of the certifying reporter.)
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LAWYER'S NOTES
-
PAOI LINe
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
KELLY A. SHARP,
Plaintiff
vs.
Civil Action - Law
ENDODONTIC SPECIALTIES
AND GREGORY M. SMEE,
D.M.D.,
No. 94-SU-4689
Defendant
Telephone
Deposition of: PAM STONE
Taken by Plaintiff
Date September 28, 1995, 1:00 P.M.
0,
Place
320 E. Market Street
Harrisburg, Pennsylvania
Before
Ann M. Wetmore
Reporter - Notary Public
APPEARANCES:
DIVEGLIA & KAYLOR, P.C.
By: ARCHIE V. DIVEGLIA, ESQ.
For - Plaintiff
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By: F. LEE SHIPMAN, ESQ.
For - Defendant
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PAM STONE
By Mr. Diveglia
By Mr. Shipman
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INDEX
WITNESS
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Examination
4, 31
26
3
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1
STIPULATION
2
It is hereby stipulated by and between
3
counsel for the respective parties that sealing,
4
certification and filing are hereby waived; and
5
all objections except as to the form of the
6
question are reserved to the time of trial.
7
MR. SHIPMAN: Pam, this is Lee Shipman. You
8
and I have spoken before. I represent Dr. Smee in
9
this matter. Also present is Mr. Diveglia, who is
10
an attorney here in town, and he represents Kelly
11
Sharp in this lawsuit. Mr. Diveglia is going to
12
start out and ask you some questions.
o
13
Also present is a court reporter with us, and
14
she's going to take down everything that is said,
15
every question that's asked and every answer that
16
you give. Before we get started, she will swear
17
you in. We are going to do this by phone. We
18
have agreed to do it over the phone.
19
And you have a right, if you want to, the
20
reporter will prepare a transcript and she will
21
send it to you for you to look at it, so that you
22
can make grammatical changes or if there's a date
23
that's wrong. You can't change the content of
I,
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24
what you say, but you have a right to review it
25
and to correct errors that are in the transcript.
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1
A.
Okay.
2
MR. SHIPMAN: If you would like to do that,
3
the reporter will make the arrangements to do
4
that.
5
A.
Okay.
6
MR. SHIPMAN: She will do that. And then
7
there will be an instruction sheet that comes
8
along with the transcript, and you just follow the
9
instructions that come with it. Okay?
10
A.
Okay.
11
PAM STONE, called as a witness, being duly
12
sworn according to law, testified as follows:
()
13
EXAMINATION
14 BY MR. OIVEGLIA:
15
Q.
Is it Mrs. Stone?
16
A.
Ms.
17
Q.
Ms. Stone, this is Archie Oiveglia.
I represent
18
the plaintiff in this matter, Kelly Sharp. I want
19
to ask you some questions. If you don't
20
understand my question, of course, make me repeat
21
it. But I will assume that if you answer the
22
question, you understood it.
Is that
23
understandable to you?
,
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24
A.
Yes.
25
Q.
Would you state your name and current address,
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Exam./Diveglia - Stone
5
please?
Pam Stone, 77 Harvest View Road, Apartment 6, in
Elizabethville, PA, 17023.
Now, did you at one point work for Dr. Gregory
Smee?
Yes.
And were you working for him in 1992,
specifically, August of 1992?
Yes.
I believe.
This case is about my client receiving root canal
work on what we allege was a tooth that was not
indicated to have root canal work on. And then
subsequently, he did the tooth that she went there
to have the root canal work on.
My first question to you is, do you have any
recollection at all of Dr. Smee performing this
root canal work on my client on August the 25th,
1992?
Not really. No, I don't.
How long had you worked for Dr. Smee? Why don't
you give us the starting dates and ending dates,
more or less?
Well, let me see.
I know it was just about two
years.
It was somewhere around October or
November.
It would have been in '90. And then
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Exam./Diveglia - Stone
6
the last year, I believe, was '92.
So, as I understand it, Mr. Shipman sent you a
packet of materials about six pages in length. Do
you have those in front of you?
Yes.
And you see that Page 1 is one with the circle on
the right-hand corner, upper right-hand corner.
That indicates a date-- Actually, the date
appears about halfway down on that page, 8/25.
Right.
MR. SHIPMAN: Just for clarification, Archie,
these records are kept per tooth. So that Page
Number 1 represents Tooth Number 2, Page Number 2
is a continuation, and then Page Number 3 is Tooth
Number 3.
MR. DIVEGLIA: I got you. Thank you.
MR. SHIPMAN: And, Pam, maybe I'm saying
something-- Am I correct about that?
Yes. That's right.
MR. SHIPMAN: Okay.
21 BY MR. DIVEGLIA:
22
23
\ .
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24
25
Q.
A.
Q.
So, you had worked for Dr. Smee almost two years
up to this point?
Yes.
In that time frame, do you have any recollection
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Q.
A.
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A.
Q.
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Q.
Exam./Diveglia - Stone
7
of Dr. Smee performing root canal work on a tooth
that the patient had not asked to have a root
canal worked on?
Not really. I'm sorry. I really don't remember.
I know there was something at that time that had
transpired that was-- It's just hard to say.
I
really don't remember too much about it.
I know
something had happened. But to tell you the
truth, I wouldn't have known her name or anything.
So, that's all I can say really on that.
So, up to this point, up to August 25th, 1992, you
don't have any recollection of him performing a
root canal on a tooth that the patient did not
want a root canal performed on?
All I can say is, I remember something transpired
with one of the patients that something, you know,
happened, but I don't remember the situation.
Looking at Page 1, do you have Page 1 in front of
you?
Yes.
Is any of the writing on that page in your
handwriting?
Oh, yes.
Tell us, generally, is it all in your writing,
just a little bit? What percentage of that page
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2
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3
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8
A.
9
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Exam./Diveglia - Stone
8
is in your handwriting?
The majority of it.
Now, you see the part that says "Tooth Number 2?"
Do you see that on there? I'm looking at the
left, about a third of the way down, it says,
"Tooth hot/cold percussion, EPT." Do you see
that?
Yes.
And then underneath that it says, "2 and 3." Do
you see that?
Right.
Now, it was indicated to me-- First of all, is
that your writing, the 2 and the 3 and the pluses?
Yes.
If I understand it from what we described earlier,
Page 1 should be for information relating to Tooth
2, and Page 3 should be information relating to
Tooth 3.
Is that correct?
Yes, yes.
Now, can you tell us, please, why the information
on Tooth 3 is written on Page 1 of these
documents?
Let me get my papers here together. Well, there
are different tooth numbers. And like what we
mentioned before, like on Page 1, that's for
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Exam./Diveglia - Stone
9
Number 2, for Tooth Number 2.
Yes.
And that's the same date as August 25th.
Right.
So, then I'm looking at the page circled Number 3,
that's Tooth Number 3 at the same date. So, we
have to record it on different cards.
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Well, that's my question. My question is, if you
have different cards for a different tooth, why
isn't the information for Tooth 3 recorded on what
would be Page 3 of what you have in front of you?
The only thing I can say is because it's a
different tooth, so it's on a different card.
I'm
not sure if I understand what you are asking me.
I
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Well, isn't all of the information for Tooth 2
supposed to be on one page, and all of the
information on Tooth 3 on another page?
Well, yes. But if there are comments or anything
that was said at the time of that visit, we will
still put it on that same page.
The information-- I'm talking about the blocks
that talk about "tooth, hot/cold percussion," and
"
I
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.
so forth, was that information all put on, on the
day of August 25th, 1992, or was it put on some
point subsequent?
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Exam./Diveglia - Stone
No, no. It was on August 25th, '92.
Now, the part that says-- I'm going to go under--
See "treatment complications"? That would be
right under "business phone."
Okay.
Is that in your handwriting?
No.
Do you know when that was written on there?
Probably at that same time. No, I don't. No, I
don't.
I couldn't tell you the truth, because
that's not my handwriting.
Do you know whose handwriting that is?
Looks like Lynn.
It looks like her handwriting.
But I don't believe it's mine.
Do you know why her handwriting would be on there
when the majority of the rest of this is in your
handwriting?
Well, probably because the-- Well, I really
couldn't tell you.
It says "Neo Sono." Do you know what that means,
"sono?"
Yes.
MR. SHIPMAN: It's written at the bottom.
BY MR. DIVEGLIA:
Q.
Is that writing at the bottom of the page, any of
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8
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Exam./Diveglia - Stone
11
that writing yours?
At the very bottom?
Yes.
The "Neo Sono"?
Yes.
No.
When I asked you do you know what it is, do you
agree with this definition that's written there?
Do I know what that means?
Yes.
The "Neo Sono"?
Yes.
Well, I know what he uses to get the measurements.
That's what you use to get the measurements.
And looking at that where I think it states "Neo
Sono -- means that we were not able to take an
adequate X-ray to measure the length of the tooth
because of her limited opening that day, so the
length was measured electronically." Do you read
it that way?
I'm sorry.
You fade out every now and then and I
can't hear you. Go ahead.
Can you repeat that
again?
Sure. You see what's written there?
Yes, I see.
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Exam./Diveglia - Stone
12
It says, am I correct in reading this, "Neo
Sono -- means that we were not able to take an
adequate X-ray to measure the length of the tooth
because of her limited opening that day, so the
length was meaaured electronically." Do you see
that?
Yes.
Do you agree that's what it says?
Yes.
Do you recall that?
Well, whenever we do a Neo Sono, that's the
reason -- normally the reason why we need to do it
that way.
Recall it on that specific date or with
this specific patient, no, I don't recall
anything.
You don't recall anything about her not being able
to open her mouth that day?
I don't even remember the situation.
Now, do you remember writing-- Let me ask you
this, if this is your writing.
Look under
"treatment." Do you see that? And then it says--
Is any of that your writing under "treatment"?
Under "treatment." Under "treatment
complications"?
No. Under "treatment," next to--
It would be one
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Exam./Diveglia - Stone
13
third of the way down, down below "remarks."
I'm looking here. Oh, I'm sorry. Yes, yes.
Is that your writing?
Yes.
What's the portion that's in parentheses say?
In parentheses?
Yes.
The GO X-ray Number 3?
Yes. What does that mean?
That means the general dentist.
That's a "0" not a "B"?
No.
That's a "0," General Dentist X-ray Number 3.
So, obviously, I'm assuming he sent the X-ray to
us.
So, you had an X-ray somehow that you knew was
Tooth Number 3.
Is that correct?
Yes.
And how did you know that? What would indicate
that it was Tooth Number 3?
Well, normally, it's on the X-ray.
Or when they
send it to us, it says "Number 3."
It comes in a little brown envelope.
Is that
correct, or an envelope of some sort?
Sometimes, yes.
j
.,
And normally, the general dentist would mark on
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Exam./Diveglia - Stone
14
there what tooth.
Is that correct?
Yes.
Would you read the balance of your notation under
"treatment?"
It starts with "Patient." Do you
see that?
Yes.
Would you read starting with "Patient came in?"
"Patient came in for Number 3 root canal therapy.
Our office did wrong Tooth Number 2, open EXT."
Then it says "broach instrument to Number 15, 2
and 3 gates, dried closes continent cavit.
Looks
like form of creosol we had to use.
"Next," which
would be at our next appointment, we would do--
"We start at Number 15 instrument, 4 gate,
Hedstrom and fill, closed with IRM. And then the
prescription we gave her, penicillin. Take
Tylenol for pain."
Was this written all on the day of the 25th?
Yes. Oh, yes.
Did Dr. Smee give you any instructions as to what
to write?
Well, I mean, I write down what is said in the
time, you know, that the patient and the doctor is
there.
But also, I know myself when I was there,
you know, you know what next to do.
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Exam./Diveglia - Stone
15
So you wrote down, "Our office did wrong Tooth
Number 2."
Is that correct?
Yes.
That's what I wrote down there.
And did you know that on your own, or did Dr. Smee
tell you that?
No, no. Dr. Smee would have told me that.
Would you read the next three words after that on
that same line?
It says "open."
Let's just stop there. What does that mean?
When we had to open the tooth, drill it.
What's the next word?
"EXT." To tell you the truth, I don't remember
what that -- what we did there, what that meant.
But, I mean, we do that all the time.
So, I mean,
that's just the form of--
Could that be extraction?
No, no.
No. Doesn't mean extracting anything out of the
tooth?
No.
It doesn't mean extraction.
To tell you the
truth, I forget what that meant.
What's "broach" mean?
Well, we use the broaches to clean out the canals.
It's just like with the instrument.
It has
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Exam./Diveglia - Stone
16
instruments, Number 15. Those are the files that
we use, and it's kind of like a broach. Do you
understand what I mean?
Sort of, but that's all right. Let's go back up.
You see "treatment complications"? There is
something to the right that says "special." Do
you see that?
"Special," yes.
What's "post" mean?
If the tooth is weak and we need to put a post in
it, we would either mark it yes or no.
And what does--
A post?
--buildup mean?
A buildup, that's if-- It's like a filling, a
permanent filling or a temporary filling.
What is written next to that?
"IRM," and that's a temporary medicated filling.
MR. SHIPMAN: The IRM is also discussed
below, Pam, is it not, under the treatment area?
Yes.
MR. SHIPMAN: Okay.
Yes, yes.
BY MR. DIVEGLIA:
Q.
Now, under "remarks," there is "diagnosis" and
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Exam./Diveglia - Stone
17
then there's "remarks." Did Dr. Smee tell you to
write "no charge for root canal therapy?"
Yes. Oh, yes. He would tell me that.
Do you know what "Diagnosis II" means?
Oh, my gosh. It's been so long. Irreversible--
I'm sorry.
Irreversible something, I believe.
That's fine. Let's take a look now, let's go next
to Page 2. Do you have that in front of you?
Yes.
Is any of that writing yours?
Yes.
Identify basically which writing is yours, broadly
speaking, without reading the entire contents.
Okay. Right under the word "treatment?"
Yes.
Where it starts--
"The film?"
"The film."
Okay.
All of the way down to where it says "Dr. Smee
called Dr. Keane right away and explained
situation to him."
Now, the rest of the writing is not yours. Is
that correct?
Right.
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1
Would you tell us, was that written, what you
Q.
2
wrote on Page 2, was that written on the 25th?
3
A.
Yes.
4
Now, about the fourth line down it says "took
Q.
5
X-ray, seen wrong tooth was being worked on." Do
6
you see that part?
7
A.
Yes.
8
What does that mean? Does that mean that like in
Q.
9
the middle of the service that an X-ray was taken?
10
When was that X-ray taken?
11
A.
Okay. Let me read over this first.
12
Q.
Sure.
()
A.
I really couldn't tell you if that was during the
13
14
service or not. To tell you the truth, if it
15
would have been, I probably would have added it in
16
to the first page.
17
Q.
I'm sorry. Now I'm lost.
18
A.
We were performing the service. You see what I'm
19
saying?
20
Q.
No. Explain it to me again.
21
Well, like on the first page here where I first
A.
22
wrote when she came in and we started
23
instrumenting and so on--
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Q.
Yes.
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--if it was during the service, I maybe probably
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Exam./Diveglia - Stone
19
would have added it in on that first page.
Okay.
But I don't know.
That's a hard one to say.
So,
I couldn't really tell you when it was taken.
Would it indicate at some point, though, when Dr.
Smee was working on the patient, he looked on an
X-ray that was taken in his office, regardless as
to when it was taken?
Yes. We obviously took an X-ray, because that's
what I wrote down.
So, whether it was during the
service or after, I couldn't tell you.
Now, I want you to stay on that same area under
"treatment." Go down to the line where it starts
with "Patient very nice." Do you see that?
Yes.
Would you read that line?
"Patient very nice about situation, said she felt
that she should pay for root canal therapy
anyways."
That word is "said" before "she" then? I couldn't
understand. That's why I had you read that.
Yes.
Now, what's the next line say?
"Dr. Smee called Dr. Keane right away and
explained situation to him."
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Exam./Diveglia - Stone
20
What is your recollection as to what "right away"
means?
From the way I have it written down, he probably
called the doctor while she was there or as soon
as she left. He would have called her, you know,
as soon as he knew what was going on.
Do you have any recollection-- Let me put it this
way, because you don't have a recollection. You
told us that.
No.
Hypothetically, had Dr. Smee called Dr. Keane
before he began any procedures to determine which
tooth needed the root canal work, would you have
noted that in any manner, had you been aware of
it, of course?
Probably not.
Thank you.
Let's go to Page 3, please.
MR. SHIPMAN: Well, before we go on to that,
it appears on Page 2 in the left-hand area,
1
,
there's a reference to a telephone conversation
between Dr. Smee and Dr. Keane earlier in the
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afternoon.
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MR. DIVEGLIA: Oh.
I beg your pardon.
I
didn't mean to mislead you.
I was focused on that
portion in remembering his deposition.
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Exam./Diveglia - Stone
21
MR. SHIPMAN: And Dr. Smee, I think, did
2 testify that there was a telephone conversation
3 with Dr. Keane.
4 BY MR. DIVEGLIA:
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Now, let me ask you this, Ms. Stone. Mr. Shipman
has raised an issue here. Would I be correct that
typically when these records are filled out, that
the portion that would have been filled out at the
time of the service, that is 8/25/92, would have
been the portion that is indicated in your
handwriting?
Yes, yes.
And do you know when--
And the patient was in the chair, yes.
Now, do you know when the other portion of the
writing on that page was entered?
I'm sorry. I couldn't help you there.
And do you know, can you identify the person who
wrote -- let's start with the portion in the upper
left-hand corner -- that portion, whose
handwriting that is?
Yes.
Who's that?
To me, that looks like Reena's handwriting.
And how about the bottom portion?
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Exam./Diveglia - Stone
22
That, I believe-- Well, that's Dr. Smee.
Let's go to Page 3 then. Do you have that in
front of you?
Yes.
And would I be correct that the majority of this
handwriting is in your handwriting?
Yes.
Looking at "treatment," to the left, it looks like
"M&M." Do you see that in parentheses, about
halfway down the page?
M&M?
Just look for "treatment," and then to the
immediate left. It's on the line with "date,
anesthesia, treatment."
Oh, millimeter.
What does that mean? Why is it up there before
"treatment, 25 millimeter"?
Well, that's the file that we used probably.
Well, it is the file that we used. And it's just
that I put it up there for some reason.
It could
have been-- I'm not sure, but that's what it
means.
Now, you are referring-- Anything on Page 3, am I
correct, relates to Tooth Number 3?
Yes.
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Exam./Diveglia - Stone
23
When did you get this information that you wrote
under "treatment?" For instance, I am going to be
more specific. I apologize. It says, "Last
Thursday, we placed a very deep filling. Since
then, has had sensitivity and--" or something.
Did I read it correct so far?
Yes.
Do you know what's after the "and" sign? It's
kind of off the side of the page. And is that
pain? Is that a "pO, p-a-i-n?
It could be, or it could be one of my "Ss".
"S." All right. That information that you wrote,
just what we discussed, "Last Thursday, replaced a
very deep filling. Since then, has had
sensitivity and" whatever you wrote.
Right.
Can you tell me when that was written there? Was
it the day of service?
Well, I'm assuming it was August 25th, '92.
And would it have been before treatment began?
Would it have been before treatment began?
Yes, ma'am.
What would what have been?
Would you have written, "Last Thursday, replaced a
very deep filling. Since then, has had
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Exam./Diveglia - Stone
24
sensitivity and" whatever that word is. Would you
have written that before he began treatment?
It was probably during the treatment or right at
the time when the patient was in the chair.
I
mean, I would have written that.
Wouldn't you typically obtain this information
prior to treatment, take a history?
The only time I would have written something down
is when, you know, the doctor and the patient were
right there and I write it down. Whether it was
immediately before he actually started the service
or not, I couldn't tell you.
Would you please go now to Page 4?
Yes.
Can you tell me if any of that writing is yours?
No.
Let's go to Page 5. Can you tell me if any of
that writing is yours?
No.
And would you go next, please, to Page 6 and tell
us whether any of that writing is yours?
No.
Do you have any other knowledge as to the events
of this day, other than what is on these sheets
that we have been discussing?
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Exam./Diveglia - Stone
25
No.
Has Dr. Smee since the date of this incident,
8/25/92, to the present at any point discussed
this case, regardless as to whether or not you
recall the name or the circumstances? Did he ever
call you and ask you any questions in regard to
your recollection?
You mean after this situation or--
Yes. After 8/25/92.
On 8/25/92, did he ever ask me about it?
From that date to the present, has he ever called
to you or spoken to you in person and asked you
what do you remember about what was said and done?
The only thing I can remember is he called me up
just to let me know that there was a problem, that
some lawyers would probably be calling me.
Have you ever given a written statement to anyone
as to what you recall?
No.
Did anyone ever call you on the telephone and say,
I'm so and so, and I would like to record our
conversation with you?
The only people I have talked to was the lawyers.
That's fine.
MR. DIVEGLIA: No further questions.
That's
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Exam./Diveglia - Stone
26
fine.
2 EXAMINATION
3 BY MR. SHIPMAN:
10
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Pam, this is Lee Shipman. I'm going to ask you a
couple of questions, please.
Okay.
Tell me what your educational background is, Pam,
beginning in high school and what education you
had after high school.
I completed my 12 years, high school diploma.
And then what kind of education did you have after
that?
None.
Did you have any dental training?
Through Dr. Smee.
So, you got your training directly from him?
Yes.
And you worked for him for approximately two
years?
Yes.
And during those two years, what positions did you
hold in his office?
Dental assistant.
Were you ever anything other than a dental
assistant, hygienist or receptionist or anything
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Q.
Exam./Shipman - Stone
27
like that?
No.
I helped out wherever I could.
And on a day-to-day basis, what were your
responsibilities as a dental assistant?
Explaining the procedures, explaining the root
canal procedures to the patients, taking care of
all of the instruments, sterilizing them,
sterilizing the room, developing the films.
Mainly, that's about it.
Were you routinely present in the room when Dr.
Smee would be performing the root canal treatment?
Yes. Oh, yes.
Pam, how was Dr. Smee to work with or to work for?
Great.
And when you say, "great," just describe that a
little bit more.
MR. DIVEGLIA: Wait. Wait a minute. Hold on
a second, Pam. I just want to enter an objection.
That's totally irrelevant, nor likely to lead to
relevant evidence.
It would be my guess, Mr.
Shipman, that we may be simply submitting this to
the arbitrators and, therefore, I am going to
raise that objection and ask that you not
continue. Because it doesn't matter if he is the
greatest guy in the world or the biggest flub in
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Exam./Shipman - Stone
('\
1
the world as far as whether there's--
2
MR. SHIPMAN: Well, I'm going to ask her
3
whether he ever used profanity and, specifically,
4
whether he ever used the words "Oh, shit" in her
5
presence while working on a patient.
6
MR. DIVEGLIA: Okay. Go ahead. That's fine.
7
MR. SHIPMAN: I will try to be more specific.
8 BY MR. SHIPMAN:
9
Kelly Sharp has indicated in her deposition that
Q.
10
during the initial root canal treatment on August
11
25, 1992, that Dr. Smee at some point into the
12
procedure stopped and said, "Oh, shit." Do you
o
13
have a recollection of Dr. Smee ever saying that?
14
A.
No, no.
15
And my understanding is that your only
Q.
16
recollection of what transpired that day is based
17
on what you can read from these records?
18
Right.
A.
19
Can you tell me, typically, how many patients Dr.
Q.
20
Smee would have on a day, or would that be a
21
guess?
22
Maybe-- Well, it would definitely be a guess.
A.
23
varies.
It could be 10, 14, somewhere in that
\ .
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24
area.
25
Q.
I'm going to represent to you that Kelly Sharp was
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Exam./Shipman - Stone
29
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1
seen at 5:00 on August 25, and it was after a
2
telephone conversation with Dr. Keane. And Dr.
3
Keane asked Dr. Smee to see her on a somewhat of
4
an emergency basis. Was that unusual in Dr.
5
Smee's office to have that done?
6
A.
To see a patient on an emergency basis?
7
Q.
Yes.
8
A.
No. No, that's not unusual.
9
Q.
Pam, if you would look at an X-ray just-- Do you
10
know what a periapical X-ray is?
11
A.
Yes.
12
Q.
By looking at the X-ray, could you identify what
()
13
teeth in the mouth were shown on the X-ray?
14
A.
Yes, yes.
15
Q.
And can you explain to me a little more how you
16
would know that? For instance, if you had an
17
X-ray and you are looking at it and you identify
18
it as Tooth Number 18, how would you know it was
19
Tooth 18 from looking at the X-ray, if you can
20
explain that?
21
A.
Well, you can definitely tell if it's an upper
22
tooth or a lower tooth. Looking at-- Holding the
23
X-ray up, if I'm looking at it, you can tell by--
.
"
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24
This is hard to explain.
25
Q.
Okay.
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Exam./Shipman - Stone
30
Holding it up, you can see which side the tooth is
on and you can just tell that--
Let me give you another example.
I asked you
about Tooth Number 18 and, of course, that would
be a lower tooth on the left side, would it not?
Right.
Now, the opposite tooth on the lower side would be
31?
Right.
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.
differentiate between 18 and 31?
Well, you can see the other teeth that are beside
it and the way the roots go. You can tell by the
way the roots are.
Now, the reason that I'm asking you these
questions is that there was a question in this
case as to whether the X-ray that was brought from
Dr. Keane, the general dentist, was brought in an
envelope that had Tooth Number 3 marked on the
envelope.
Do you have a recollection or any
recollection of having seen the little brown
envelope that Mr. Diveglia identified or told you
f
~
about with this X-ray in it? Do you have any
recollection of that?
I" IUS ly ,\1ft IIC\S Wl'f}UI'\'(; SI unCI
",un../IIl1.<': :'I;".!lt.-/l,,! I lOll ;',;'-...~i.40"... '1 \ 1.~IHI.!11.I'f!;'
Exam./Shipman - Stone
31
:~
1
A.
No.
2
Q.
But I understand that you would be able to
3
identify a particular tooth by looking at the
4
X-ray itself?
5
A.
Yes.
6
MR. SHIPMAN: I don't think I have any other
7
questions, Pam. Thank you.
8
MR. DIVEGLIA: I have some follow-up.
9 REEXAMINATION
10 BY MR. DIVEGLIA:
11
Q.
Ms. Stone, regardless as to whether or not you
12
would be able to identify which tooth was which,
()
13
would you, in fact, hold up the tooth to the
14
light, or would you just look at what was typical
15
procedure, just look at what was written on the
16
envelope?
17
A.
No. You would hold it up to the light and look at
18
it.
19
Q.
Let me ask you this. Would you agree that
20
performing, as you put it, a root canal on the
21
wrong tooth was an unusual event?
22
A.
Yes, that was unusual.
23
Q.
And was this the talk of the office for some
u
24
period of time?
25
A.
Was what the talk of the office?
"uus {. .\11'1 tic. 's unION 11.'"1; s, unCi
""HI"'I/r,o.; ;"J;"-.!!h-llh.!1 r"ll ;,,;'..,\.,j.t.u.'i ,., '.,'iIHI..,!lI.'I1.!;'
n
10
11
12
()
13
14
15
16
17
18
19
20
21
22
23
o..!,.i
24
25
1
Q.
2
A.
3
Q.
4
5
6
A.
7
Q.
8
A.
9
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Exam./Diveglia - Stone
32
Him doing the wrong tooth.
No.
I don't-- No.
In regard to root canals, would Dr. Smee at any
point that you can recall do a root canal on more
than one tooth on the same side on the same day?
No.
That's unusual, isn't it?
Yes.
Do you know why he wouldn't do that?
Why wouldn't he do that?
Yes.
Well, there would probably be a lot of reasons.
We normally only ever do one root canal at one
time, depending on, you know, the condition of the
tooth. Some patients can't open their mouth that
long to perform, you know, two root canals.
Depending on medication that they would need for
the root canal--
How about more pain?
Excuse me?
How about the pain level?
The pain level. Well, that could be, but there's
really not-- A majority of the patients don't
really experience pain when we are doing a root
canal.
11/ ,1IS/. ,\I, III..." III "111/1/,\',;" I/I'ICI
H.11","/lr.'.: ;-r'.!h,.IIh!l \..,l :-t;'.SH-h"" 1'\ '..'~IHI.!I1,'n.!;-
(!J
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o
,
J
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
1
Q.
2
3
4
5
A.
6
7
Q.
8
9
A.
Exam./Diveglia - Stone
33
Right. So, am I correct that when patients would
come back for their follow-up visits that they
would not complain of pain typically as a result
of having the root canal?
Some experience some pain. That's why we give
them a prescription for a pain medication.
Do you have any recollection of speaking to Mrs.
Sharp about breast-feeding?
No, I don't.
MR. SHIPMAN: Well, have her look at the
records to be fair, too.
MR. DIVEGLIA: Yes.
BY MR. DIVEGLIA:
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Items 1 and 3 reference breast-feeding. Do you
see that, "medical alert"?
Yes.
I see it.
Do you recall that at all?
No. I don't recall that.
And that's not in your writing. Is that correct?
The breast-feeding is in my writing, yes.
Oh, that is in your writing. I beg your pardon.
So, you would have written that the day of the
incident, the 25th?
Yes. When Kelly came in, I would have written
that down right at the beginning at the time.
'/lIII".l/d/ll"."'m',,'!n',;I;~U!nn
"'HII,"ur..: ;-,;-.!lh.ljf.11 \..,l ;'I;'..'.H.hI/.O; P.' '..~'IH'.!11."1!7
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Exam./Diveglia - Stone
CJ
".,'
1
MR. DIVEGLIA: All right. No further
2
questions.
3
MR. SHIPMAN: And I have no other questions,
4
Pam. Thank you. You will receive in the mail a
5
copy of the transcript with the directions on how
6
to make any corrections.
7
(The deposition concluded at 1:55 P.M.)
8
9
10
11
12
:)
13
14
15
16
17
18
19
20
21
22
23
....J 2 4
25
11I11I, /. ,1'dUCIS UfI'OII I I.",; SI Iln("/:
"'l"j"'ur.~ ;oli.! 1,..IIto! 1 l/.,l ;-';'.,'ili-hll." I' \ '-,\'HI.! 11.'1t!;"
"..(1....,.,.,,,
~.........i
34
o
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
I, Ann M. Wetmore, Reporter and Notary Public
in and for the Commonwealth of Pennsylvania and
County of Cumberland, do hereby certify that the
foregoing deposition was taken before me at the
time and place hereinbefore set forth, and that it
is the testimony of:
PAM STONE
8
I further certify that said witness was by me
duly sworn to testify the whole and complete truth
in said cause; that the testimony then given was
reported by me stenographically, and subsequently
transcribed under my direction and supervision;
and that the foregoing is a full, true and correct
transcript of my original shorthand notes.
I further certify that I am not counsel for
or related to any of the parties to the foregoing
cause, or employed by them or their attorneys, and
am not interested in the subject matter or outcome
thereof.
Dated at
Pennsylvania,
1995.
East Penn~boro Townshi~_1 b_ \
this I" tt-- day of c.~1OiJ-€.Il-'
~~~Ih~~
NOTAIlAL SEAL
AlII M. WE11IOIE. Notary PIlbllc
.... ......'0 TIIP. Dlmberland Co.. PA
Ilr ColImlllloa Elplm Dec. 28. 11188
Ann M. Wetmore
Reporter - Notary Public
. "
o
(The foregoing certification of this transcript
does not apply to any reproduction of the same by
any means unless under the direct control and/or
supervision of the certifying reporter.)
'" II'" l~ .\11"1 lie,", NII'IJIUI.\'(;~' unCI
1I..,,,,"ur,~ 7,:"..! I"./I/.! I \ ,I,l 71 :'" 'i-,.U...; ", I-,"'"'.! 11.'1I!7
35
LAWYER'S NOTES
_.__~______~ _u ,. ___,,__'_'__'~_'
_,P...____._ _._.____._
PAOI LINI
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KELLY A. SHARP,
Plaintiff
IN nlE COURT OF COIIMON PLliAS OF
CL1IBERL.\.ND COUNTY, PENNSYLVANIA
NO. 4689 CIVIL 19 94
v.
ENDODONTIC SPECIALTIES
and GREGORY M. SMEE, D.H.D.,
Defendants
RULE 1312-1. Th~ Petition for Appointment of Arbitrators shall be substant~ally
in the following form:
PETI':"ION FOR APPOUlTIlEllT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Archie V. Divealia . counsel for the al.,ilj.!!~tfJ/defendllnt in
the above action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $less than $20, OOD. 00
The counterclaim of the defendant in the action is none
The following attorneys are interested in the case(s) as counselor nre other-
...ise disqualified to sit as arbitrators: Archie V. Di veglia and
Lee Shipman
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Respecectful. ly ~bmit:ed,
I \'\ ~ '
i' ~ .
\,-,~(Lt\ ~.'.t (,. \'-
(!
ORDER or COURT
4t , 19~, in consideration of the
foregobg petition, Fit. ~ d HA,' f . Esq. ,
Esq., and tnlcMLL Sc.J,~ '~Sq.. are appointed arbitrators in the
AND NOW,
mil /l,. .-it
above-captioned action (or actions) as prayed for.
Byth Court,
, <..Ji r
P. J.
(.
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~l ~/7101
(717) 2,j(}- .fiNo
August 16, 1996
Fred Hait, Esquire
MCGRAW, HAlT & DEITCHMAN
4 Liberty Avenue
carlisle, PA 17013
Re: Sharp v. Endodontic specialties, et al.
No. 4689 C 1994
Dear Mr. Hait:
As you know, I represent the plaintiff in the above matter.
Mr. Shipman has forwarded a 20 day Notice of Intent to Offer
Documents pursuant to Pa.R.C.P. 1305 (b) by letter to the
Prothonotary dated April 25, 1996. subsequently, I objected to
the contents of the same and Mr. Shipman and I have been able to
reach an understanding in regard to my objection.
Enclosed you will find the report of Celia McLean dated
April 24, 1994, which represents a revised copy of the expert
report to be submitted by Mr. Shipman. I would request that the
Prothonotary place a copy of this in the front of the file and
fold the prior copies submitted by Mr. Shipman and staple the
same marking it "Not to be reviewed." I further request that if
this request is not performed by the prothonotary's office that
neither you nor any othe~ member of the arbitration panel look at
the prior submitted document. --_' )
You will note that I am forwa aing a
Mr. Shipman, who is in agre ment w th me
!,
opy of this letter to
this regard.
Ar
Ve y
AVD:bak
cc: Lee Shipman, Esquire
prothonotary
~llwq
AU6 19 1996
MCGRAW, Mil & Dt\TCHMA~
LAW OPFICIIS
GOLDBBRG, KATZMAN & SHIPMAN, P.C.
RONALD M KATZMAN
HARRY B GOl.DBERG
,. La: SHIPMAN
PAUL J. [SPOSITO
NEIL HENDeRSHOT
J, JAY COOP[R
THOMA I E. BRENNER
JOHN A. STATLER
APRIL L STRANO-KUTAY
GUY H. BROOKS
JEF"f'ERSON J SHIPMAN
ARNOLD B. KOGAN
JERRY J RUSSO
KAREN S. FEUCHTENBERGER
MICHAEL J. CROCENZI
EVAN J KLINE. III
DREW P. GANNON
STEVEN E GRUBB
DUO NAOKST STUBRT
STOAWBBRRY sqUARK
".0. BOX U!OO
tlARRlSUURO, .'SNN'BYLVANJA &7&00'IUOO
TBLBPIIONB 1717) UO.....IOI
PAX (717) UO..0008
HERSHEY O,,'C[.
523 WUT CHOCOLATE AVENUE
P.O. BOl( !S151.5
HERSHEY. PA. 17033
17171533.4048
ARTHUR L. GOl.D8ERQ
Of' COUNstL
CARLISLE O"ICE
153 WE:ST POMF"RU STREU
CARLISLE. PA. 17013
171712415.01581
March 20, 1996
YORK O'''CE,
2 WEST MARKET STREET
YORK, PA. 17401
17171843.7812
ICORRESPOND TO
HARRISBURG O"IC[I
Fred H. Hait, Esquire
McGraw, Hait & Deitchman
4 Liberty Avenue
Carlisle, pa 17013
In re:
Sharp v. Smee
Dear Mr. Hait:
with reference to scheduling this Arbitration, Dr. Smee has
advised me that Wednesdays are the best day for his schedule and,
if at all possible, it would be appreciated if it could be
scheduled for a Wednesday.
Thank you.
Very truly yours,
!iJt,;i"l/~
FLS:mem
cc: Archie V. Diveglia, Esquire
Gregory M. Smee, D.M.D.
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LAW OPY.CRH
GOLDBERO. KATZMAN Be SUIPMAN, P.C.
RONALD .... MATZMAN
HARRY B. GQLD8tAG
,. W SHIPMAN
PAUL J. ESPOIITO
NtlL HE:NDERSHOT
J. JAY COOPtR
THD""AS [. BRCNNER
JOI-W A. STATLtA
APRIL L. STRANO-MUlAT
GUY H. BROOKS
,JeF"tASON J. SHIPMAN
ARNOLD 8. MOGAN
JtARY J RUSSO
KARtH S, F'tuCHTENBCRGtR
MICHAEL J. CROCCHI'
[VAN ..I. KLINt, III
DREW P. GANNON
STEVEN t. GRUBB
nuo MABKBT 8TRBST
STRAWOERRY IIQUAHIl
P.O, BOX IU08
IIARH.SDURO, PBNNSYLVANIA 1710n'IUOO
TBLBPIIONB (717) g04-4101
PAX 1717) g04.0ROO
ARTHUR L. QOLDlKAQ
OF' COUNSel
HCRIHU O"ICt.
a23 WCIT CHOCOLATE AV[Nut
P. Q. BOX DDD
HtAIHt'f. PA. 17033
17171 833.4048
CARLISLE: o"ler::
53 WUT PO...'AtT STRttT
CAALIILI:, PA. 17013
17171 '4a.a507
March 12, 1996
YORK O,"C[
2 WUT M"RKET STRUT
VORK. PA. 17401
.7171 e43. 7012
ICORRCSPOND TO
HARRISBURG O"ICEI
Fred H. Hait, Esquire
McGraw, Hait & Deitchman
4 Liberty Avenue
CarliSle, pa 17013
In re:
Sharp v. Smee
Dear Mr. Hait:
In fOllow-up to your letter of March 6, 1996,
find calendar pages for April, May and June.
dates I am not available for an Arbitration.
enclosed please
I have marked off
Thank you.
Very truly yours,
/' p7~
~~s;;ttt~~
FLS:mem
Enclosures
cc: Archie V. Diveglia, Esquire
(w/enclosures)
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KELLY A. SHARP,
No. 4689 Civil 1994
Plaintiff
VI.
ENDODONTIC SPECIALTIES and
GREGORY M. SMEE, D.M.D.
Defendant
NOTICE OF HEARING BY BOARD OF ARBITRATORS
YOU ARE HEREBY NOTIFIED that the Board of Arbitrators appolntsd by the Court In
this cass will sit for the purpose of thslr sppolntment on Wsdnssday, Juns 12, 1996, In
the Second Floor Hearing Room of the Old Courthouse, Two Courthouse Square, Csrlisle,
Psnnsylvanis, commencing et 9:30 A.M.
All parties ars rsmindsd of ths requirsmsnts of Pa, R. Civ. P. 1305.
Board of Arbitrators
Dsted:
3/d-f';7g
C"" ~~~
/ '~~/ ' /'
BY:~~:'<
Fred H. Hait, Esq.,Chair, 249.4500
Roger Morgsnthsl, Esq.
Michsel Scherer, Esq.
Archis V. Divsglis, Esq.
Counsel for Plaintiff
119 Locust Strest
Hsrrisburg, PA 17101
Court Administrator's Office
Bulletin Board
Prothonotary's Office
F. Les Shipman, Esq.
Attornsy for Defsndant
Goldberg, Katzman & Shipman, P.C.
P.O. Box 126B
Hsrrisburg, PA 17108-1268
(.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
KELLY A. SHARP,
No. 46B9 Civil 1994
Plaintiff
va.
ENDODONTIC SPECIALTIES and
GREGORY M. SMEE. D.M.D.
Defendant
NOTICE OF HEARING BY BOARD OF ARBITRATORS
YOU ARE HEREBY NOTIFIED that tha Board of Arbltratore appointed by the Court In
this case will sit for the purpose of their appointment on Wednesday. September 25. 1996.
in the Second Floor Hearing Room of the Old Courthouse. Two Courthouse Square. Carlisle,
Pennsylvania. commencing at 9:30 A.M.
All parties are reminded of the requirements of Pa. R. Civ. P. 1305.
Board of Arbitrators
B~~
Fred H. Hait. Esq.,Chair, 249-4500
Roger Morgenthal, Esq.
Michael Scherer, Esq.
Dated: i?/itJ/ft
Archie V. Diveglia. Esq.
Counsel for Plaintiff
Diveglia and Kaylor. P.C.
11 9 Locust Street
Harrisburg. PA 17101
Court Administrator's Office
Bulletin Board
Prothonotary's Office
F. Lee Shipman, Esq.
Counsel for Defendant
Goldberg. Katzman & Shipman, P,C.
P.O. Box 1268
Harrisburg. PA 17108.1268
CELIA McLEAN, D.D.S., M.S.
ENDODONTICS
lMl KF.NNEHl AVENUE
YORK, rA 17 ~O~
(7171 767.3636
24 ^pril, 1994
Re 1 Sharp vs. Smee
,
''"",r h!:totlf:ney ShlpIMn:
"
I TIm an endcxlontist:. currently pract:.icint in York, Pennsylvania. I have
IV'l'n retalllE'<J by you to render an independent: and object:.1~ evaluat:.1on
or Kelly Sharp vs. Gregory H. Smee, D.H.D. In my opinion, Dr. Smee
hM not only 1IP.t: hut has PKceedl!d the standard of dental care in the
"1~lodont:.ic treat:lOOnt rendered to this pat:ient:.. My reasons for this
opinion (and I shall sl:ate!:hem as sltrply 8S possible,) ate the followingl
11 Kp.lly Sharp, in fact, needed bolo root: clUlIIls insl:ead of one. Upon
r'llniclll eKllmlnat:ion, toot:h '2 hurt:. IlDre than I:ooth '3. Both I:eeth
"""r.P. r.old llnd percussion sensit:ive, but:. I:ooth '2 was IlDre SynptonBt:.1c .
on that day, (8/25/921.
~I In Iln "~r.qency situ'Ition, an endodont:ist:. will start:. t:.real:ment:. on
lh" Sytl'flt:OIMtiC tooth. .Dr. Smae WIIS sent:. lIJl inaccurat:e radiograph (xrayl
",~1 Iltlr.lhul:l'd the cold sen!litivity in I:ooth t3 to decay in the tooth.
I.Ir.lng hiA COIJr.Re of trelltm!nt on I:oot:h '2, .Dr.. Smee discovered that:.
I r",th 13 h'ld been rest:ored and the cold eensit:ivity was due t:o the large
Allver. Cilllng!l placed in that I:oot:h and not:. exiBt:.in<j decay. Subsequent:ly,
I~ treated both t:eeth.
41 W11"?n Kelly had post-operat:ive pain, Dr. Smee made ext:ensive at:t:E!flt)ts
t.n cont1lct thn. pal:lent in an effort:. to evaluate and !:reat:. the problem.
m~ did not reApond to his efforts. When Dr. Smee discovered that: she did
11111: want: to Sf>{! him personally because of mlsCOIIIlUIlicat:.1ons and personal
r<,<,lings, he .!!~ropriat:elv reCerrl!d her 1:0 another endodont:.1st: for
nV",lullt.lon. ProCessionally, Dr. Smee did everything possible to rect:lfy
Ihis situation.
. ,
In r;onr.:lllslon, I reiterat"!: Ilr. Smee has ncit: only lret: but: has exceeded
'II'! stillY],,,,) of dental care in the endodonl:ic treat:menl: rendered 1:0
Ihls 1"."H"nl:.
Sincerely,
C uJ~C-~O"'IJ$; f!!i)
,
"
,
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F. Lee Shipman, Eaquire
1.0. ,. 07252
GOLDBERG, KATZMAN , SHIPMAN,
P.O. Box 126B
Harriaburg, PA 1710B-1268
Telephone. (717) 234-4161
Attorneys for Defendants
P.c.
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KELLY A. SHARP,
Plaintiff
ENDODONTIC SPECIALTIES and
GREGORY M. SMEE, D.M.D.,
Defendants
.
.
NO. 94-4689 CIVIL, 1994
NOTICE
TO THE PLAINTIFF:
You are hereby notified to plead to the enclosed New Matter
within twenty (20) days from the date of service hereof, or a
default judgment may be entered against you.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
BY~~
Attorney for Defendants
DATE: November 3, 1994
<.
F. Lee Shipman, E~quire
1.0. #1 07252
GOLDBERG, KATZMAN & SHIPMAN, P.C.
P.O. Box 1268
Harrieburq, PA 1710S-1268
Telephone I (717) 234-4161
Attorneys for Defendants
KELLY A. SHARP,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
.
.
ENDODONTIC SPECIALTIES and
GREGORY M. SMEE, D.M.D.,
Defendants
NO. 94-4689 CIVIL, 1994
ANSWER WITH NEW MATTER
AND NOW, come the Defendants, Endodontic Specialties and
Gregory M. Smee, D.M.D. ("Dr. smee"), by their attorneys,
Goldberg, Katzman & Shipman, P.c., who answer the Plaintiff's
Complaint, with New Matter, based on the following:
ANSWER
COUNT I
1. Admitted.
2. Admitted.
3. Admitted.
4.
Admitted.
By way of further Answer, based upon all
relevant information available to Dr. Smee prior to the beginning
of endodontic treatment, including an x-ray supplied by the
,
Plaintiff's general dentist, information provIded to Endodontic
Specialties by the Plaintiff, along with a clinical evaluation
and diagnosis, it was tooth #2 and not tooth #3 which was the
source of Plaintiff's need for emergency endodontic treatment.
5. Admitted. By way of further Answer, based upon all
relevant information available to Dr. Smee prior to the beginning
of endodontic treatment, including an x-ray supplied by the
Plaintiff's general dentist, information provided to Endodontic
Specialties by the Plaintiff, along with a clinical evaluation
and diagnollis, it was tooth #2 and not tooth #3 which was the
source of Plaintiff's need for emergency endodontic treatment.
6. While it is admitted that Dr. Smee began root canal
treatment on tooth #2, and while in the process of performing
root canal treatment on #2, discovered that it was tooth #3 which
was the source of the referral from Dr. Keen, Plaintiff's general
dentist, it is specifically denied it was error on the part of
Dr. Smee to begin endodontic treatment on tooth #2. On the
contrary, based upon all information available to Dr. Smee prior
to the beginning of any endodontic treatment including an x-ray
supplied by the Plaintiff's general dentist, information provided
to Endodontic Specialties by the Plaintiff, along with a clinical
evaluation and diagnosis, it was tooth #2 and not tooth 13 which
was the source of Plaintiff's need for emergency endodontic
treatment.
7. Defendants are presently without sufficient knowledge
or information to form a belief as to the truth of the
f
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1
allegations of this Paragraph, proof thereof is demanded and the
same are, therefore, denied. By way of further Answer,
Plaintiff's husband advised Endodontic Specialties, in a
telephone conversation initiated by Endodontic Specialties on
August 27, 1992, that "[Plaintiff] seems to be doing fine.",
Plaintiff did call Endodontic Specialties on August 31, 1992 with
complaints of pain. It is denied Dr. Smee prescribed pain
medication, since a prescription for pain medication was
inappropriate for Plaintiff, due to her breast feeding, but did
recommend the use of over-the-counter Tylenol. In addition, Dr.
Smee did prescribe an antibiotic.
8. Defendants are presently without sufficient knowledge
or information to form a belief as to the truth of the
allegations of this Paragraph, proof thereof is demanded and the
same are, therefore, denied. By way of further answer, it is
denied Dr. Smee prescribed pain medication, since a prescription
for pain medication was inappropriate for Plaintiff, due to her
breast feeding, but did recommend the use of over-the-counter
Tylenol. In addition, Dr. Smee did prescribe an antibiotic. In
addition, if Plaintiff took Tylenol with codeine, as alleged,
which is a prescription pain medication, the prescription for
same was provided by a medical or dental practitioner other than
Dr. Smee.
9. While it is admitted that the Plaintiff, in a telephone
conversation with Endodontic Specialties on August 31, 1992
3
indicated she was having some discomfort, the Defendants are
presently without sufficient knowledge or information to form a
belief as to the truth of the balance of the allegations of this
Paragraph, proof thereof is demanded and the same are, therefore,
denied. By way of further answer, the plaintiff was seen by Dr.
Smee on September 1, 1992 and did not express to Dr. Smee the
complaints which are alleged in this Paragraph.
10. Defendants are presently without sufficient knowledge
or information to form a belief as to the truth of the
allegations of this Paragraph, proof thereof is demanded and the
same are, therefore, denied. By way of further answer, the
Plaintiff was seen by Dr. Smee on September 1, 1992 and did not
express to Dr. Smee the complaints which are alleged in this
Paragraph.
11. While it is admitted that Defendants are aware tooth #2
was subsequently re-treated by Endodontic Associates, the
Defendants are presently without knowledge or information
sufficient to form a belief as to the truth of the balance of the
allegations of this paragraph, proof thereof is demanded and the
same are, therefore, denied. By way of further answer, the
Plaintiff was seen by Dr. Smee on September 1, 1992 and did not
express to Dr. Smee the complaints which are alleged in this
Paragraph.
12. with the exception of re-treatment by Endodontic
Associates on July 2, and July 15, 1993, Defendants are presently
4
without knowledge or information sufficient to form a belief as
to the truth of the allegations of this Paragraph, proof thereof
is demanded and the same are, therefore, denied. By way of
further answer, it is specifically denied that the root canal
treatment by Dr. Smee on tooth #2 was unnecessary and un-
consented to. On the contrary, treatment on tooth #2 was, in
fact, necessary and appropriate; in addition, the Plaintiff
advised Endodontic Specialties, prior to the beginning of
endodontic treatment that tooth #2 was the source of the need for
emergency endodontic treatment.
13. The allegations of this Paragraph, including
subparagraphs a. through h., call for conclusions of law and fact
to which an answer is deemed unnecessary. If an answer is deemed
necessary, it is specifically denied that any treatment rendered
to the plaintiff by Dr. Smee was done in a negligent manner. By
way of further answer:
a. It is admitted, in a telephone conversation
between Dr. Smee and Dr. Keene on August 25, 1992, prior to
the emergency endodontic treatment to the Plaintiff, Dr.
Keene indicated that a large, deep restoration had been
completed on tooth #3 and that the Plaintiff was having the
usual symptoms indicating the need for a root canal. In
addition, Dr. Keene indicated he would send an x-ray along
with the Plaintiff. However, the x-ray supplied by Dr.
Keene, along with information provided to Endodontic
5
Specialties by the Plaintiff, along with a clinical
evaluation and diagnosis, indicated it was tooth #2 and not
tooth #3 which was the source of Plaintiff's need for
emergency endodontic treatment.
b. Denied. Defendants have no knowledge concerning
the envelope which contained the x-ray of the Plaintiff
taken by Dr. Keene. In addition, the information provided
to Endodontic specialties by the Plaintiff, along with a
clinical evaluation and diagnosis, indicated it was tooth #2
and not tooth #3 which was the source of Plaintiff's need
for emergency endodontic treatment.
c. Denied. On the contrary, a "HEALTH QUESTIONNAIRE"
was completed by the Plaintiff, a copy of which is attached
hereto and marked Exhibit "A". By way of further answer,
Dr. Smee did undertake a complete clinical evaluation and
diagnosis. Based on the x-ray supplied by Dr. Keene,
information provided to Endodontic Specialties by the
Plaintiff, along with the clinical evaluation and diagnosis,
it was tooth #2 and not tooth #3 which was the source of
Plaintiff's need for emergency endodontic treatment.
d. Denied. On the contrary, Plaintiff told
Endodontic Specialties that it was tooth #2 that was the
source of her need for emergency endodontic treatment. In
addition, during the course of Dr. Smee's clinical
evaluation and diagnosis, it was tooth #2 and not tooth #3
6
r..-
which was the source of the need for emergency endodontic
treatment.
e. Admitted in part, denied in part. It is admitted
that Dr. Smee did not take an x-ray prior to beginning
endodontic treatment. However, Dr. Smee had available what
he believed was an x-ray taken by the Plaintiff's general
dentist, Dr. Keene, after Dr. Keene had completed all of his
dental treatment.
f. Denied. On the contrary, Dr. Smee undertook and
completed a clinical evaluation and diagnosis which
indicated that tooth #2 and not tooth #3 was the source of
the need for emergency endodontic treatment.
g. The allegation of this sub-paragraph calls for
conclusions of law and fact to which an answer is deemed
unnecessary. If an answer is deemed necessary, it is denied
that the doctrine of res ipsa loquitur applies.
h. Denied. On the contrary, the endodontic treatment
rendered by Dr. Smee on tooth #2 was appropriate and proper.
In addition, the treatment was within the standard of dental
care.
WHEREFORE, the Defendants respectfully request that Count I
the Plaintiff's Complaint be dismissed.
7
COUNT II
14. That the answers to Paragraphs 1 through 12 are
incorporated herein by reference.
15. The allegations of this Paragraph call for conclusions
of law and fact to which an answer is deemed unnecessary. If an
answer is deemed necessary, it is specifically denied that any
dental treatment rendered by Dr. Smee was un-consented to by the
Plaintiff and also denied that the dental treatment was a
battery. On the contrary, Plaintiff specifically told Endodontic
Specialties, that tooth #2 was the source of her discomfort and
specifically consented to treatment of that tooth.
WHEREFORE, the Defendants respectfully request that Count II
of the Plaintiff's Complaint be dismissed.
NEW MATTER
16. That the Plaintiff's Complaint fails to state a claim
upon which relief can be granted.
17. That the Plaintiff's claims and/or alleged losses are
prohibited and barred in whole or in part by the Doctrine of
Comparative Negligence, 42 Pa. C.S.A. 57102, and/or the Doctrine
of Contributory Negligence, with any liability or responsibility
on the part of Defendants being expressly denied.
8
18. That the Plaintiff's claims and/or alleged losses are
barred by the Doctrine of Assumption of the Risk, any liability
or responsibility on the part of Defendants being expressly
denied.
19. That the Plaintiff's claim and/or alleged losses may
have been, or were entirely or substantially, the result of or
caused by intervening or superseding causes for which the
Defendants is not liable or responsible, any liability or
responsibility on the part of Defendants being expressly denied.
20. That the Plaintiff failed to mitigate her damages, if
any, with any liability or responsibility on the part of
Defendants, being expressly denied.
21. That the Plaintiff's claim is barred by the applicable
statute of Limitations.
WHEREFORE, Defendants request that the Plaintiff's Complaint
be dismissed.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By ~ yf/L jJ~/////4/~
F. Le'lf~~~~y
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorneys for Defendants
Identification No.: 07252
Telephone: (717) 234-4161
9
(.
VERIFICATION
I, Gregory M. Smee, D.M.D., hereby acknowledge that I am a
Defendant in this action; that I have read the foregoing Answer
with New Matter, and that the facts stated therein are true and
correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made
subject to penalties of 18 Pa. C.S. 54904, relating to unsworn
falsification to authorities.
DATE: /1./ - <;1/
,-
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served on the following by depositing the same in the united
States Mail, postage prepaid, in Harrisburg, Pennsylvania, on
November 3, 1994:
Archie V. Diveglia, Esquire
119 Locust Street
Harrisburg, PA 17101
Attorney for Plaintiff
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By~[iF~~~~
320 Market Street
P.O. Box 1268
Harrisburg, Pennsylvania 17108
Attorneys for Defendants
1.0. No.: 07252
Telephone (717) 234-4161
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August 16, 1996
Fred Hait, Esquire
MCGRAW, HAlT & DEITCHMAN
4 Liberty Avenue
Carlisle, PA 17013
Re: Sharp v. Endodontic Specialties, et al.
No. 4689 C 1994
Dear Mr. Hait:
As you know, I represent the Plaintiff in the above matter.
Mr. Shipman has forwarded a 20 day Notice of Intent to Offer
Documents pursuant to Pa.R.C.P. 1305 (b) by letter to the
Prothonotary dated April 25, 1996. Subsequently, I objected to
the contents of the same and Mr. Shipman and I have been able to
reach an understanding in regard to my objection.
Enclosed you will find the report of celia McLean dated
April 24, 1994, which represents a revised copy of the expert
report to be submitted by Mr. Shipman. I would request that the
Prothonotary place a copy of this in the front of the file and
fold the prior copies submitted by Mr. Shipman and staple the
same marking it "Not to be reviewed." I further request that if
this request is not performed by the Prothonotary's office that
neither you nor any other member of the arbitration panel look at
the prior submitted document.
You will note that I am forwa
Mr. Shipman, who is in agre ment w
opy of this letter to
this regard.
AVD:bak
cc: Lee Shipman,
Prothonotary
ing a
h me
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Esquire
CELIA McLEAN, D.D.S., M.S.
HIOODONTICS
I"" I KENNETH AVENUE
YORK, rA I 7 ~O~
(1171 767.3636
24 lIpril, 1994
Re I Sharp vs. Smee
,
lnl1r I\t:tOJlrney ShlplMn:
"
I 11m /In el~lodontist currently pract:ici~ in York, PeMSylvania. I have
'''''''n retaineo<J by you to render an lndel'endenl: and objectiVl! evaluation
of Kelly Sharp vs. Gregory H. Sm!!e, D.H.D. In my opinion, Or. SIIlM
hM not: only root but has exceeded the st:.andard of dental care in the
"'1~lodonl:ic treal:ment rendered to this patient. My reasons for this
opinion (aoo I shall state them as s!nply as possible,) are the followingl
I) Kp.lly Shllrp, in fact, needed two root: canals inst:ead of one. Upon
d Inklll eKllmlnation, tooth '2 hurt: Ill:lre than t:ooth '3. Both teeth
_r.e cold Ilnd ~rcussion sensitive, but tooth .2 was Ill:lre synpt:omatic .
on tJlllt day, (8/25/92).
;II In I1n p~rqency Rituation, an endodontist will start t:real:ment on
1I~ Rynptomc1UC tooth. .Dr. Srree was llel\t: IU\ inAC'CUrate radiograph (xray)
nJ~l IIttrfhutt>d l:he cold BenRltivity in tooth '3 to decay in the tooth.
')Irlng hlA conrRe of trelll:ment on tooth '2, .Dr. Smee discovered that
I,nl'h '3 IwI been restored And the cold sensitivity was dill! to the large
"liver fflllngR placed in \:hat tooth and not existinc;l decay. Subsequently,
1.-, treated botll teeth.
4) W11':!n Kelly had poRt-q>eraHve pain, Dr. Smee rrede extensive llt:l:efltIl:a
'0 conl:Jlct tile pat:lent in an effort to evaluate and treat the problem.
;.I", dId 1101: re!lpond to his efforts. When Dr. Smee discovered that she did
IlIll: W<lnt to see him personally because of misconmmications and personal
r....llng!l, he ~ppropriately referred her to another endodont:ist for
nVil I ulltJon. rrofessionally, Dr. Smee did everything possible to rectify
Ihl!l sItullUon.
. ,
In COnChl!lloll, I reLterate: IJr. Smee has ndt only met: but: has exceeded
I I... stalyJAnl of dental care in the endoclont:1c treatment: tendered to
Ihl!l pIIUI'llt.
SIncerely,
c u;JGl!v{ciQ 0/\ ,.l>ffi; 1!!i5
; l.-
.
F. Lee Shipman, Eequire
1.0. I. 07252
GOLDBERG, KATZMAN' SHIPMAN, P.C.
P.O. Box 1268
Harri.burg, PA 17108-1268
Telephone. (717) 234-4161
Attorney. tor Detendant.
KELLY A. SHARP, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. CIVIL ACTION - LAW
ENDODONTIC SPECIALTIES and
GREGORY M. SMEE, D.M.D.,
Defendants
NO. 94-4689 CIVIL, 1994
.
.
TWENTY (20) DAY NOTICE OF INTENT TO OFFER DOCUMENTS
PURSUANT TO FA. R.C.P. l305/Q1.
AND NOW, this
day of April 1996, pursuant to Pa. R.C.P.
1305(b), the Defendants intend to offer the following attached
document into evidence:
1. The April 24, 1994 report from
Celia McLean, D.D.S., M.S.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By 1"1 v:> A/;;;i/ it! A~ ?/
F. Le~iPmtrt ~rrr
P.O. Box 1268
Harrisburg, PA 17108-1268
Identification No.: 07252
Telephone: (717) 234-4161
CELIA McLEAN, D'.D.S., M.S.
ENDODONTICS
1681 KENNETH AVENUE
YORK, PA 17404
17171767.3636
24 April, 1994
Re: Sharp vs. Smee
,
Dear Atto~ey Shipman:
,.
I am an endodontist currently practic~ in York, Pennsylvania. I have
been retained by you to render an independent and objective evaluation
of Kelly Sharp vs. Gregory M. Smee, D.M.D. In lilY opinion, Dr. Smee
has not only met but has exceeded the standard of dental care in the
endodontic treatment rendered to this patient. My reasons for this
opinion (and I shall state them as sinply as possible,) are the following:
1) Kelly Sharp, in fact, needed two root canals instead of one. Upon
clinical examination, tooth #2 hurt rrore than tooth .3. Both teeth
were cold and percussion sensitive, but: tooth .2 was rrore synptomatic .
on that day, (8/25/92).
2) In an emergency situation, an endodontist will start treatment on
the synptomatic tooth. Dr. Smee was sent an inaccurate radiograph (xray)
and attributed the cold sensitivity in tooth .3 to decay in the tooth.
During his course of treatment on tooth #2, Dr. Smee discovered that
tooth .3 had been restored and the cold sensitivity was due to the large
silver fillings placed in that tooth and not existing decay. Subsequently,
he treated both teeth.
3) Dr. Smee did not charge Kelly Sharp for services performed on either
tooth. Further, he offered to pay for one of the two crowns (caps)
which are strongly recOllll1ended on back teeth which have been endodontically
treated. He was rrore than reasonable in ~ation to this patient.
4) When Kelly had post-operative pain, Dr. Smee made extensive attenpts
to contact the patient in an effort to evaluate and treat the problem.
She did not respond to his efforts. When Dr. Smee discovered that she did
not want to see him personally because of misconm.mications and personal
feelings, he appropriately referred her to another endodontist for
evaluation. Professionally, Dr. Smee did everything possible to rectify
this situation.
In conclusion, I reiterate: Dr. Smee has not only met but has exceeded
the standard of dental care in the endodontic treatment rendered to
this patient.
Sincerely,
c~~J>ffi)~
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served on the following by depositing the same in the United
states Mail, postage prepaid, in Harrisburg, Pennsylvania, on
April 25, 1996:
Archie V. Diveglia, Esquire
119 Locust street
Harrisburg, PA 17101
Attorney for Plaintiff
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By
17108
I.D. No.: 07252
Telephone (717) 234-4161
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aBLLY A. SHARP,
plaintiff
I IN TUB COURT or COHMON PLBAS
I CUKBIRLAHD COUNTY, PBHHSYLVAHIA
I
I CIVIL ACTION - LAW
I
I NO. 94-4.89 CIVIL 1994
I
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v.
BHDODOHTIC SPECIALTIES and
GREGORY M. SMEE, D.M.D.,
Defendants
TWENTY DAY NOTICE or INTENT TO orrER
DOCUMENTS PURSUANT TO PA.R.C.P. 1305(b)
AND NOW, thisl8~ day of April, 1996, pursuant to Pa.R.C.P.
1305(b), the plaintiff intends to offer the following attached
documents into evidence:
1. six pages of medical records which consist of the chart
of the Defendant on the Plaintiff.
2. statement of Dr. Brian Keane of July 29, 1994.
3. Medical records of Endodontic Associates with dates of
treatment indicated as 7/2/93, 7/15/93 and 8/12/93.
4. Records of Brian J. Keane forwarded to Goldberg,
Katzman & Shipman by letter dated February 2, 1994.
5. Medical records of Karl otto.
Dated:
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..' ''''TRBA'IMENT'' ,,','. ,'~I..Il-l:l.;I"O)"'''';' .'
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TtM<m1Y P. PliRcARl'lO, O,M.O.
BRIAN J.I<EANI!, 0,0.5.
July 29, 1994 ..'
__'f
To whom it may concern,
.
,
Mrll. Kelly Sharp wall lIeen by me on 8/20/92 for a large
filling on tooth 13 (an' MOD- the decay wall "DEEP" and clolle
to the nerve). She returned on 8/25/92 with a toothache in
.~ and was referred to Dr. Smee, an endodontist, for a
root canal therapy.
Dr. Smee performed root canals on "II 2 ',3\ My records
indicate and my recollection ift that she was referred for
treatment of '3 only.
.
Recordll and pertinent xrays are available on requellt.
Sine.rely yours,
~?L
Brian J. Keane, D.D.S.
FAMILY DEHl1S11lY
!lOll CBTn'SBURG PIkE
,MECllANICSBURG. PA 17055
. (7l7)691~
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'nMOnlY P.I'ERCARI'IO, O.M.O.
BRIAN J.I<EANE, 0.0,5.
February 2, 1994
Goldberg, Katzman & Shipman, P.C.
320 Market Street
Srawberry Square
P.O. Box 1268
Harrisburg, Pennsylvania 17108-1268
Rei Kelly Sharp
Dear Sirl
t'
. .
FEB 4 REeD
Enclosed are the copies of records and x-rays for Kelly
Sharp which you have requested.
Please accept my apology for not forwarding this to you
sooner as it was inadvertantly overlooked.
Sincerely,
(,'~tI'~
Brian J. Keane, D.D.S.
BJK/skw
F^MIL Y DENTISTRY
500 GETTYSBURG rlKE
MECII^NICSBURG. r^ 17055
(717) 697-4609
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RECORD OF TREATMENT
cnmmenlS:~vdrJ.i ~~;l ~ .
(:'_ ,11 ~,(., I, . . ' I' elAA-.:. w-4r (.....
~y=- . ~ #
Access Cavlly Filling Malerial
o rOll/Culn"",i1cw/lllchnulld.up
o J'OIl. Only 1 Tomrorory
o OluI lonumc:r
Surgirul Procedures
o Arico 0 Itclmfill
~ Curcll'Il;C a Ilcmhcction
tJ SlIferr)' Ih.....,,"U!lldcd
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(717) 875.8900
~ ENDODONTIC SPECIALTIES
lbglrj M. s.-. 0 M 0
PIwta LI'Dd ID &dxb"&lCII
...... AIct. r20 QrwnlMM"" ." m. c..., HI. PIA, 1701'
Dear Doctor /tI:.fVtU-. ,r.R ~ a
Endodbntic Treatment was completed on ~
for . If~ll, ^ hwv
Radiographs are enclosed for your office record, Your
patient has been referred back to your office for completion
of restorative procedures. It is suggested that the cusps of
endodontically treated tecth be protected to prevent fracture.
TIle patient will be periodically recalled to evaluate healing.
Thank you for your trust and referring your patient to my
care. '11 J
&, . M/.t
Sincerely,./ t '
0--
. Conon !'ell" 1 Tcmrorary
o Comrn.i1c Only
Q Am.lelm
o ROOI Ampnl.lm
U ^1'I(llificallon
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Sl'€C'Al CONS'DERATION
,
'SUI1GICAl
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ACCESS CAVIN FlUlHO MATERIAL
01'00' OFII"""'t
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o eomposiIllluIdUp c Etch & Bend
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o Pool Hole PI_lei
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01_lI'/oownlonn
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o ~llfICIlion-~uon 01 ~ aoourl
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RECORD OF
TREATMENT
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CBRTIPICATB OP SBRVICB
AND NOW, this 18th day of April, 1996, I, Bethany A. King
for Archie V. Diveglia, Esquire, hereby certify that a copy of
Twenty Day Notice of Intent to Provide Documents was served by
first class mail, postage pre-paid and addressed to the
following:
F. Lee Shipman, Esquire
GOldberg, Katzman & Shipman, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108
DIVEGLIA & KAYLOR, P.C.
By:
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KBLL Y A. 8HARP, I IN THI COURT OF COKMON PLBA8
I CUMBIRLAND COlJH'1'Y, PIHH8YLVAHIA
Plaintiff I
I CIVIL ACTION - LAW
v. I 'f h- 4 fp!{J,IL
I NO. 19 !l4
IHDODOHTIC 8PECIALTIE8 and I
GRIGORY M. 8MII, D.M.D., I
I
Defendants I
NOTICI TO DBFIND
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
request by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator,
Cumberland County Courthouse, 4th Floor
1 Courthouse Square
Carlisle, PA 17013-3387
Telephone No. (717) 240-6200
Respectfully sUbmitted,
DIVBGLIA and KAYLOR, P.C.
DATED:
~-I'6-11Y
By:
Archie V. Diveglia,
Attorney 1.0.#17140
119 Locust Street
Harrisburg, Penns~l
(717) 236-5985
ct~
[
squire
17101
Attorney for Plaintiff
ItELLY A. SHARP, I IN THE COURT OF COKMON PLEAS
I CUMBBRLMID COUNTY, PJDOISYLVAHIA
Plaintiff I
I CIVIL ACTION - LAW
v. I
I NO. CIVIL 1994
BNDODOHTIC SPECIALTIES and I
GREGORY M. SMEE, D.M. D., I
I
Defendants I
COMPLAINT
AND NOW, this
II? +-h
day of August, 1994, comes the
Plaintiff, Kelly A. Sharp, by her attorneys, Diveglia and Kaylor,
P.c., and files the following Complaint averring in support
thereof:
1. That the Plaintiff, Kelly A. Sharp, is an adult individual
and resides at 614 pine street, Steelton, Dauphin County,
Pennsylvania.
2. That the Defendant, Endodontic Specialties, is a business
venture through which the practice of endodontics is performed and
is located at 220 Grandview Avenue, Suite 103, Camp Hill,
Cumberland County, Pennsylvania, 17011.
3. That the Defendant, Gregory M. Smee, D.M.D., is a doctor
of dentistry whose practices specializes in the field of
endodontics.
(.
4. That on or about August 25, 1992, at approximately 5:00
p.m., Plaintiff was a patient in the office of the Defendants and
in more particular, a patient of Gregory H. Smee, D.H.D. for the
purpose of having a root canal on tooth #3.
5. The Plaintiff was referred to the Defendants' place of
business by her family dentist, Dr. Keane, for the purpose of
having root canal work performed on tooth #3.
6. Instead of performing root canal work on tooth #3, the
Defendant Gregory Smee, D.H.D. performed root canal work on tooth
#2, and the Defendant, Gregory Smee, D.H.D., in the process of
performing the root canal work on tooth #2, recognized his error
and then proceeded to do root canal work on tooth #3.
7. That subsequent to the completion of the root canal work
on teeth #2 and #3, Plaintiff began to incur increasingly severe
pain the evening of August 25, 1992, through the next day. She had
been prescribed a pain medication but had not taken the same due to
the fact that she was nursing.
8. As a result of the severe pain, Plaintiff was required to
take Tylenol with codeine and therefore had to miss one week of
nursing her child with the corresponding requirement of removing
milk from her breasts by manipulation by hand.
9. That Plaintiff was in severe pain for one full week and
was not able to eat or drink on the left side for a full three-week
period and incurred a grossly swollen jaw for a two-week period.
10. As a result of the dual root canal work performed upon
him, the Plaintiff incurred approximately one and half months of
swelling and extreme sensitivity before her mouth was restored to
normal feeling.
11. That as a result of the root canal work performed on
tooth #3, Plaintiff has continued to incur difficulties with the
root canal work performed on tooth #2 which was eventually re-
performed by Endodontics Associates and she continues to have pain
and discomfort with said tooth.
12. The Plaintiff has incurred medical expenses as a result
of the unnecessary and un-consented root canal work on tooth #2.
13. The above losses, injuries and pain of the Plaintiff were
caused by the negligence of the Defendant Gregory A. Smee, D.H.D.
individually and as an agent and/or employee of Endodontics
Specialties whose negligence consisted of the following:
a. He failed to follow the instructions and requests
of the referring physician and thereby performed
root canal work on tooth #2 as opposed to tooth #3.
b. He failed to either read or appreciate the clear
marking on the envelope containing the x-ray of the
Plaintiff, said marking being that tooth #3 was the
tooth in question.
c. He failed to take a full medical history from the
Plaintiff and/or the referring physician and by
failing to do so he failed to appreciate that
Plaintiff had incurred a deep filling on tooth #2.
with such a medical history, the Defendant would
have or should have realized that tooth #3 was the
tooth that was in need of root canal work.
d. He failed to listen to his patient who questioned
him as to whether he was performing root canal work
on the correct tooth. Had he more closely listened
to his patient, he would have realized that he was
performing a root canal on the wrong tooth.
e. He failed to take a pre-op x-ray that would have
clearly identified the tooth in need of root canal
work.
f. He failed to take the necessary and appropriate
pre-op clinical examination of the mouth of
Plaintiff so as to determine that tooth #2 was not
in need of root canal work.
.
g. The doctrine of res ipsa loquitur applies.
h. He failed to fully and properly perform the root
canal work on tooth #2, thus requiring subsequent
additional work on that tooth by another medical
provider.
WHEREFORE, Kelly A. Sharp, Plaintiff, demands judgment against
the Defendants Gregory A. Smee, D.M.D. and Endodontic Specialties
in a sum less than Twenty Thousand ($20,000.00) Dollars.
COUNT II
KBLLY A. SHARP
v.
BNDODONTIC SPBCIALTIBS
and
GRBGORY A. 5MBB, D.M.D.
14. Paragraphs 1 through 12 are incorporated herein and made
a part hereto.
15. That the root canal work performed on Plaintiff by the
Defendant Gregory M. Smee was un-consented to it constitutes an un-
consented to battery and thereby liable to the Plaintiff for her
losses, injuries, and general damages.
WHEREFORE, Kelly A. Sharp, Plaintiff, demands jUdgment against
the Defendants Gregory A. Smee, D.H.D. and Endodontic Specialties
in a sum less than Twenty Thousand ($20,000.00) Dollars.
Respectfully SUbmitted,
DIVEGLIA and KAYLOR, P.C.
DATED:
~-I~-'lLf_
~
By:
Archie V. Diveglia,
Attorney 1.0.#17140
119 Locust Street
Harrisburg, Pennsylva
(717) 236-5985
re
17101
Attorney for Plaintiff
~
VERIFICATION
This Complaint is based upon information which has been
gathered by my counsel in the preparation of the lawsuit. The
language of this Complaint is that of counsel and not my own. I
have read this Complaint and to the extent that the Complaint is
based upon information which I have given to my counsel, it is true
and correct to the best of my knowledge, information and belief.
To the extent that the content of the Complaint is that of counsel,
I have relied upon counsel in making this verification.
This statement and verification are made subject to the
penalties of Pa. C.S. SS 4904 relating to unsworn falsification to
authorities, which provides that if I make knowingly false
averments I may be subject to criminal penalties.
Dated: 'h' ,(v~r~1 ft'j'tj
~,,/' ,.\ ,r', ('i
1:J,OtJ, ( J . JL,~, )
. \ U Kelly 'A. Sharp
. .
F. Lee Shipman, Esquire
1.0.', 07252
GOLDBERG, KATZMAN & SHIPMAN,
320 Market Street
P.O. Box 1268
Harrisburg, PA 1710B-1268
Telephone I (717) 234-4161
Attorneys tor Detendants
p.e.
KELLY A. SHARP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
No.94- ~(p 81
ENDODONTIC SPECIALTIES and
GREGORY M. SMEE, D.M.D.,
Defendants
CIVIL, 1994
ACCEPTANCE OF SERVICE
TO THE PROTHONTARY:
On behalf of the Defendants, Endodontic Specialties and
Gregory M. Smee, D.M.D., being authorized to do so, I hereby
acknowledge and accept service of the Complaint filed by
Kelly A. Sharp.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
BY;:~m~
Attorneys for Defendants
DATE: ~ -/ t_ '7 tl
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F. Lee Shipman, Esquire
1.0.', 07252
GOLDBERG, KATZMAN & SHIPMAN,
320 Market Street
P.O. Box 126B
Harrieburg, PA 17108-126B
Telephone, (717) 234-4161
Attorneys for Defendants
P.c.
KELLY A. SHARP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
ENDODONTIC SPECIALTIES and
GREGORY M. SMEE, D.M.D.,
Defendants
NO.q~- 'r(PS1
CIVIL, 1994
PRAECIPE
TO THE PROTHONOTARY:
PLEASE enter the appearance of the undersigned on behalf of
the Defendants in the above captioned matter.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By.frLf.4f:.Aif~
Attorneys for Defendants
DATE: Y-{'?-1lj
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IUILLY A. SHARP,
Plaintiff
Defendants
I IH THB COURT O~ COMHOH PLBAS
I CUHBBRLAln) COUHTY, PBHNSYItVJUfIA
I
I CIVIL ACTIOH - LAW
I
I HO.'~-~'r' CIVIL 1994
I
I
I
I
v.
BHDODONTIC SPBCIALTIBS and
GRBGORY H. SHBB, D.H.D.,
PLAINTIFF'S REPLY TO HEW MATTER O~ DEFEHDAHT
AND NOW, this 14th
day of November , 199!-, comes the
Plaintiff by ~ attorney, Archie V. Diveglia, Esquire, and files
the following Reply to New Matter and Avers in Support thereof the
following.
16-21
Denied. The allegations contained in paragraphs 16
through 21 are conclusions of law to which no further response is
necessary.
Respectfully submitted,
DIVEGLIA and KAYLOR, P.C.
DATED:
j / - /Y-'7Y
"
,
"
CBRTI~ICATB or SBRVICB
I, Archie V. Diveglia, Esquire, on this lAth day of November
, 199!-, do hereby state that I have served a copy of Plaintiff's
ReD Iv to New Matter of Defendant upon counsel for Defendant by
placing a copy of the same in the United states mail, first class,
postage prepaid to:
F. Lee Shipman, Esquire
GOldberg, Katzman & Shipman, P.C.
320 Market Street
Strawberry Square
POBox 1268
Harrisburg, PA 17108-1268
Respectfully submitted,
DIVE [JA,\and KAY~OR, P.C.
By, t,ct1Li l
Arch e V. Divegli~, Esquire
Attorney I.D.#171~0
119 Locust Street!
Harrisburg, Pennsylvania 17101
(717) 236-5985,-.
Attorney for Plaintiff
'/-I'f-q~
DATED:
.
r. Lee Shipman, laquire
I.D. ,. 07252
GOLDBIRG, KATZMAN" SHIPMAN,
P.O. Box 1268
Harriaburg, PA 17108-1268
Telephone I (717) 234-4161
Attorneye for Defendanta
P.c.
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KELLY A. SHARP,
Plaintiff
ENDODONTIC SPECIALTIES and
GREGORY M. SMEE, D.M.D.,
Defendants
NO. 94-4689 CIVIL, 1994
NOTICE OF APPEAL FROM
AWARD OF BOARD OF ARBITRATORS
TO THE PROTHONOTARY:
Notice is given that the Defendants, Endodontic specialties
and Gregory M. Smee, D.M.D., appeal from the Award of the Board
of Arbitrators entered in this case on September 25, 1996.
A trial is demanded.
I hereby certify that the compensation of the Arbitrators
has been paid and is, in fact, being tendered to the Prothonotary
of Cumberland County with the filing of this Notice.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
DATE:;!); )'/'J1
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KELLY A. SHARP
In The Court of Cocmon Pleas of
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Cumberland County, Pennsylvania
~0,'4-4~~Y Civil 1994 19
E~DODONTIC SPECIALTIES un~
GR~GOaY M. SHEE, D.M.D.
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We do solemnlv swear (or affirm) that we will sup?ort, obey and defend
the Constitution of the United States and the Constitut10~ of this Co~on-
~eal~h an~ that we will discharge the duties 9.f 1k
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AWARD
We, the undersigned arbitrators, having been duly appointed and sworn
(or af:irmed), make the following award:
(Note: If damages for delay are ayarded, they shall be
separately stated.)
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l.)ePe~t,-cS IIv'? '#If? Cth40",Y1~ C/~$'/S" CX)O.OCJ
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applicable. )
Arbitrator, dissents. (Insert name i:_
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Date of !Iearing:
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:late of Award:
~OTICE OF ENTRY OF AWARD
~ow, theol..f'\'iday or ,;;:{j2i:uv!0t , 19 9?, at J')'~() 1...:1., the above
award was entered upon the d6cket and ~otice :hereof given by mail to the
?arties or their at:o~eys.
Ar~itrators' co~ensation :0 be
paid upon appeal~
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KBLLY A. SHARP, I IN THB COURT O~ COMMON PLBAS
I CUHBBRLAND COUNTY, PBNNSYLVANIA
plaintiff I
I CIVIL ACTION - LAW
v. I NO. lft/."'B'CIVIL 1lI114
I
BNDODONTIC SPBCIALTIBS and I
GRBGORY N. SNBB, D.N.D., I
I
Defendants I
PRABCIPB TO DISCONTINUB
TO: Lawrence Welker , Prothonotary
Please discontinue the above-captioned matter. All claims of
the plaintiff are satisfied in full.
Respectfully submitted,
R, P.C.
DATED:
11- 2., -f(,
By:
A e V. Dive lia
Attorney I.D.#l '14
119 Locust stre t
Harrisburg, Pen y
(717) 236-5985
Attorney for Plaintiff
17101
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