HomeMy WebLinkAbout94-04750
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Jetter.on J. Sbipman, I.quire
I.D. IU785
GOLDBIRO, KATZMAN I; SHIPMAN, P.C.
320 Harket Street
P. O. Box 1268
Harriaburg, PA 17108-1268
(717) 234-4161
Attorney. tor Plaintitt.
ANN R. DEVLIN and
STEPHEN J. DEVLIN,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
JAMES HOCKENSMITH,
Defendant
NO. 94-4750 CIVIL
JURY TRIAL DEMANDED
POINTS FOR CHARGE SUBMITT.D ON BEHALF OF PLAINTIFFS.
ANN R. AND ST.PRE" J. DEVLIN
1. Under all the evidence and the law, you are directed to
enter a verdict in favor of Plaintiffs, Ann and Stephen DeVlin,
and against Defendant, James Hockensmith.
Given:
Modified:
Refused:
-L
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4. L.9.1 O.U...
In order for the Devlin. to recover in this ca.., the
Defendant's negligent conduct must have been a substantial factor
in bringing about the accident. This is what the law recognizes
as legal cause. A substantial factor is an actual, real factor,
although the result may be unusual or unexpected, but it is not
an imaginary or fanciful factor or a factor having no connection
or only an insignificant connection with the accident.
Pa.SSJI (Civ) 3.25
Given: v
Modified:
Refused:
4
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IS. Burden of Proof.
In civil cases such as this one, the plaintiffs/Devlins
have the burden of proving those contentions which entitle them
to recover.
When a party has the burden of proof on a particular
issue, his contention on that issue must be established by a fair
preponderance of the evidence. The evid$nce establishes a
contention by a fair preponderance of the evidence if you are
persuaded that it is more probably accurate and true than not.
To put this another way, think, if you will, of an
ordinary balance scale, with a pan on each side. onto one side
of the scale, place all of the evidence favorable to the Devlins,
onto the other, place all of the evidence favorable to the
Defendant. If, after considering the comparable weight of the
evidence, you feel that the scales favor the Devlins, your
verdict must be for the Devlins. If the scales tip in favor of
the Defendant, or are equally balanced, your verdict should be
for the Defendant.
In this case, the Devlins have the burden of proving the
following propositions: That the Defendant was negligent, and
that the negligence was a substantial factor in bringing about
the accident. If, after considering all of the evidence, you
feel persuaded that these propositions are more probably true
than not true, your verdict must be for the Devlins. Otherwise,
your verdict must be for the Defendant.
5
8. Ixpert Testiaony -- credibility oenerally.
There were several witness, Dr. George Harhigh, Dr. Jay Ho,
and Dr. Perry Eagle that gave testimony to their qualifications
as experts in the field of medicine.
A witness who has special knowledge, skill, experience,
training or education in a particular science, profession or
occupation may give his opinion as an expert as to any matter in
which he is skilled. In determining the weight to be given to
his opinion, you should consider the qualifications and
reliability of the expert and the reasons given for his opinion.
You are not bound by an expert's opinion merely because he is an
expert; you may accept or reject it, as in the case of the other
witnesses. Give it the weight, if any to which you deem it
entitled.
Pa.SSJI (civ) 5.30
Given:
Modified:
Refused:
9
9. .elqblnq GonfllotlDq expert te.tlaony.
In resolving any conflict that may exist in the testimony of
expert witnesses, you are entitled to weigh the opinion of any
expert against that of another. In doing this, you should
consider the relative qualifications and reliability of the
expert witnesses, as well as the reasons for each opinion and the
facts and other matters upon which it is baeed.
Pa.SSJI (eivl 5.33
, .
Given:
Modified:
Refused:
10
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15. Lo.. of COD.ortlua.
Mr. Devlin is also entitled to be oompensated for the 10..
of hi. wifels services to him and the loss of companionship.
Pa.SSJI (Civ) 6.01L.
I
Given:
Modified:
/'
Refused:
P.C.
DATE: 9/1 Z /9(P
By
Je
I
P.O. Box 1268
Harrisburg, PA 17108
Attorneys for Plaintiffs
Telephone: (717) 234-4161
16
The left front portion of Defendant's vehicle impacted with
the right rear portion of the Devlin'. vehicle. The collision
caused severe damage to the Devlin vehicle.
The collision caused Mrs. Devlin to be thrust violently
against her seatbelt harness. Shortly after the accident, a
friend, Gregory Thomas who the Devlins were enroute to visit,
transported the Devlins to Holy Spirit Hospital for an evaluation
of Mrs. Devlin's condition. It was determined that Mrs. Devlin
suffered injuries as a result of the collision.
Mrs. Devlin was diagnosed as having a severe muscle ligament
strain in the cervical spine. This has caused Mrs. Devlin to
suffer severe pain and irritation. Mrs. Devlin was forced to
miss work after the collision as a result of the injuries she
sustained. Mrs. Devlin's pain and stiffness continue to the
present day. Consequently, Mrs. Devlin has been forced to forego
participating in activities she normally participated in prior to
the collision such as gardening and housecleaning. Additionally,
at the time of collision the Devlins were attempting to start a
family. Mrs. Devlin's injuries to her neck and back severely
impacted en the couple's marital relations.
Mr. Devlin was not physically injured in the collision, but
he has lost his wife's comfort, guidance, companionship, and
consortium as a result of the collision. The loss suffered by
Mr. Devlin appears to continue into the foreseeable future.
2
Ae a result ot the collision and above mentioned injuries,
Mr. and Mrs. D.vlin have commenced the instant suit again.t Mr.
Hockensmith. Mr. and Mrs. Devlin respecttully submit this Briet
in preparation tor the upcoming trial scheduled bet ore this Court
on september 16, 1996.
II. Witn.....
Mr. and Mrs. Devlin anticipate calling the following
individuals at trial:
1. Plaintitf, Mr. stephen J. Devlin
2. Plaintiff, Mrs. Ann R. Devlin
3. Defendant, James Hockensmith
4. Greg Thomas
5. Police Officer James Sadler
6. Dr. George Harhigh, M.D. (by deposition)
7. Dr. Jay J. Cho, M.D. (by deposition)
8. Scott Meck, Occupational Therapist
9. Rick Baer, Therapist
10. Joy Cleveland, Occupdtional Therapist
III. Li.t ot Exhibit.
Mr. and Mrs. Devlin anticipate using the following exhibits:
1. medical records and reports
2. photographs of the Devlin vehicle
3. list of dates of each doctor visit
3
IV. DiaoueeioD
Generally, in civil actions, the burden is upon the
Plaintiff to ~rove his case by the weight or preponderance of
evidence. Manone v. CUID, 350 Pa. 319, 39 A.2d 1 (1944).
Therefore, Mr. and Mrs. Devlin have the burden of proving their
case by the preponderance of evidence.
Mr. and Mrs. Devlin anticipate that the evidence will show
that Defendant violated 75 Pa.C.S.A. 53310(a) (following too
closely). This section gives rise to the "assured clear distance
rule which requires that a driver must control his vehicle such
that he can always stop within the distance which he can see.
Bohner v. stine, 316 Pa, super. 426, 463 A.2d 438 (1983).
"The rule in Pennsylvania is that violation of a statute is
negligence per se." Garcia V. Banq, 375 Pa. Super. 356,358, 544
A.2d 509,510 (1988), allocatur denied, 520 Pa. 617, 554 A.2d 509
(1989). Defendant's violation of 75 Pa.C.S.A. 53310(a)
constitutes negligence per se. Therefore, to be successful in
the present matter, the Devlins must demonstrate that Defendant's
negligence caused them some injury.
The Devlins anticipate that the preponderance of evidence
will demonstrate that Mr. and Mrs. Davlin have suffered injuries
as a result of Defendant's negligence. Mrs. Devlin suffered a
severe muscle ligament strain of the cervical spine. This has
forced her to miss work and to curtail activities she normally
pursued prior to the collision. Mrs. Devlin has pain and
4
CERTIFICATE OF SERVICE
I hereby certity that a copy ot the toregoing has been duly
served on the tollowing counsel of record, by depositing the same
in the United states Mail, postage prepaid, in Harrisburg,
Pennsylvania, on September 12, 1996:
Richard Wix, Esquire
WIX, WENGER , WEIDNER
4705 Duke street
Harrisburg, PA 17109-3099
GOLDBERG, KATZMAN' SHIPMAN, P.C.
B~
~t
~:O: Box 1268
Harrisburg, PA 17108
Attorneys for Plaintiffs
Telephone: (717) 234-4161
n, Esqu re
, ,
The left front portion of Defendant's vehicle impacted with
the right rear portion of the Devlin's vehicle. The collision
caused severe damage to the Devlin vehicle.
The collision caused Mrs. Devlin to be thrust violently
against her seatbelt harness. Shortly after the accident, a
friend, Gregory Thomas who the Devlins were en route to visit,
transported the Devlins to Holy spirit Hospital for an evaluation
of Mrs. Devlin's condition. It was determined that Mrs. Devlin
suffered injuries as a result of the collision.
Mrs. Devlin was diagnosed as having a severe muscle ligament
strain in the cervical spine. This has caused Mrs. Devlin to
suffer severe pain and irritation. Mrs. Devlin was forced to
miss work after the collision as a result of the injuries she
sustained. Mrs. Devlin's pain and stiffness continue to the
present day. Consequently, Mrs. Devlin has been forced to forego
participating in activities she normally participated in prior to
the collision such as gardening and housecleaning. Additionally,
at the time of collision the Devlins were attempting to start a
family. Mrs. Devlin's injuries to her neck and back severely
impacted on the couple's marital relations. ..
Mr. Devlin was not physically injured in the collision, but
he has lost his wife's comfort, guidance, ~ompanionship, and
consortium as a result of the collision. The loss suffered by
Mr. Devlin appears to continue into the foreseeable future.
2
As a result of the collision and above mentioned injuries,
Mr. and Mrs. Devlin have commenced the instant suit against Mr.
Hockensmith. Mr. and Mrs. Devlin respectfully submit this Brief
in preparation tor the upcoming trial scheduled before this Court
on September 16, 1996.
II. .itn.....
Mr. and Mrs. Devlin anticipate calling the following
individuals at trial:
1. Plaintiff, Mr. stephen J. Devlin
2. Plaintiff, Mrs. Ann R. Devlin
3. Defendant, James Hockensmith
4. Greg Thomas
5. Police Officer James Sadler
6. Dr. George Harhigh, M.D. (by deposition)
7. Dr. Jay J. Cho, M.D. (by deposition)
8. Scott Meek, occupational Therapist
9. Rick Baer, Therapist
10. Joy Cleveland, Occupational Therapist
.
...
III. List of Bxhibits
Mr. and Mr.s. Devlin anticipate using the following exhibits:
1. medical records and reports
2. photographs of the Devlin vehicle
3. list of dates of each doctor visit
3
IV. Disoussion
Generally, in civil actions, the burden is upon the
Plaintiff to prove his case by the weight or preponderance of
evidence. Manone v. CUID, 350 Pa. 319, 39 A.2d 1 (1944).
Therefore, Mr. and Mrs. Devlin have the burden of proving their
case by the preponderance of evidence.
Mr. and Mrs. Devlin anticipate that the evidence will show
that Defendant violated 75 Pa.C.S.A. S3310(a) (following to~
closely). This section gives rise to the "assured clear distance
rule which requires that a driver must control his vehicle such
that he can always stop within the distance which he can see.
Bohner v. Stine, 316 Pa, Super. 426, 463 A.2d 438 (1983).
"The rule in Pennsylvania is that violation of a statute is
negligence per se." Garcia v. Bana, 375 Pa, Super. 356,358, 544
A.2d 509,510 (1988), allocatur denied, 520 Pa. 617, 554 A.2d 509
(1989). Defendant's violation of 75 Pa.C.S.A. S3310(a)
constitutes negligence per se. Therefore, to be successful in
the present matter, the Devlins must demonstrate that Defendant's
negligence caused them some injury.
The Devlins anticipate that the preponderance of evidence _
will demonstrate that Mr. and Mrs. Devlin have suffered injuries
as a result of Defendant's negligence. Mrs. Devlin suffered a
severe muscle ligament strain of the cervical spine. This has
forced her to miss work and to curtail activities she normally
pursued prior to the collision. Mrs. Devlin has pain and
4
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served on the following counsel of record, by depositing the same
in the United States Mail, postage prepaid, in Harrisburg,
.
Pennsylvania, on September 12, 1996:
Richard Wix, Esquire
WIX, WENGER & WEIDNER
4705 Duke Street
Harrisburg, PA 17109-3099
GOLDBERG, KATZMAN & SHIPMAN, P.C.
f r on J. Sh P
. #: 51785
.0. Box 1268
Harrisburg, PA 17108
Attorneys for Plaintiffs
Telephone: (7l7) 234-4161
~
ORIGINAL
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1 ANNE R. DEVLIN AND
STEPHEN J. DEVLIN,
2 PLAINTIFFS
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
3 VB.
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NO. 94-4750
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4 JAMBS HOCKENSMITH,
DEFENDANT
JURY TRIAL DEMANDBD
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17 APPBARANCES I
VIDEOTAPE DEPOSITION OFI
TAKEN BYI
JAY JUNGHO CHO, M.D.
PLAINTIFFS
BEFORE:
DENISE SAMPSON, REPORTER
NOTARY PUBLIC
JULY 26, 1996, 4108 P.M.
REHAB MEDICINE ASSOCIATES
5124 TRINDLE ROAD
MBCHANICSBURG, PENNSYLVANIA
DATE:
PLACE:
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18 GOLDBERG, KATZMAN & SHIPMAN, P.C.
BY: JEFFERSON J. SHIPMAN, ESQUIRE
FOR - PLAINTIFFS
WIX, WENGER & WEIDNER
BY: RICHARD H. WIX, ESQUIRE
FOR - DEFENDANT
ALSO PRESENT: R. WAYNE HOWELL, VIDEO IMAGES
Hups, 7llbrigli, 'Foltz ir JVaf4le :Reporting Serlia, 8nc.
115 PINE STREET. HARRISBURG. PA 17101
Harrisburg 717-232.5844 Fax 717-232.9637 Lancaster 717.393.5101
()
,
1
(Curriculum vitae produced and marked
2 Deposition Exhibit No. l.)
3
THE VIDEOTAPE SPECIALIST I My name is R. Wayne
4 Howell. I represent video Images, 3004 Black Oak Drive,
5 Red Lion, Pennsylvania 17356. Today's date is July 26th,
6 1996. The time of day is 4:08 p.m. This deposition was
7 videotaped at Rehabilitation Medical Associates, 5124
8 Trindle Road, Mechanicsburg, Pennsylvania.
9 The caption of the case is Anne R. Devlin and
10 Steven J. Devlin, Plaintiffs, versus James Hockensmith,
11 Defendant, Case No. 94-4750.
The name of the witness is
l2 Jay Jungho Cho, M.D. This deposition is being videotaped
(~ l3 on behalf of the Defendant. Counsel will now ir.troduce
14 themselves.
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MR. SHIPMAN: Jeff Ohipman for the Plaintiffs.
MR. WIX: Dick wix for Jim Hockensmith.
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THE VIDEOTAPE SPECIALIST: The court reporter
l8 will now please identify herself and swear in the witness.
19
JAY JUNGHO CHO, M.D., called as a witness,
20 being duly sworn, testified as follows:
21 DIRECT EXAMINATION
22 BY MR. SHIPMAN:
23
Doctor, good afternoon. My name is Jeff
Q
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24 Shipman and I represent Anne and Steve Devlin in a lawsuit
25 that is pending in Cumberland County. The purpose for our
L.
3
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1 and wing bone area. And patient state this pain was start
2 after involved motor vehicle accident on September 22nd,
3 1992.
4 Patient state on September 22nd, 1992 while
5 patient riding at the front seat passenger seat and she
6 wear a seat belt her car was hit from the rear. And her
7 neck and had to -- were injured with jerking movement but
8 she did not lose consciousness. She was able to get out
9 of the car by herself.
10 However, that day she started to get pain in
11 the neck and she went to Holy Spirit Hospital and had
12 x-ray and released. And symptom getting worse next day
<;) 13 and seen by family physician and receive some of
14 outpatient physical therapy and medication which were
l5 nonsteroidal anti-inflammatory medication and muscle
16 relaxant and pain pill which is Vicodin.
17 But symptoms did not improve too much at all
18 and suffered a lot of pain so the patient was referred to
19 my office by family physician, Dr. Harhigh, and I examined
20 her on November 11, 1992.
21
Q
And what did your physioal examination of her
22 indicate, Doctor?
23
A
Yes, I performed a physical examination and I
24 found patient had marked, limited any movement in the
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25 neck. And also there are muscle spasm present in the both
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side of the neck and upper shoulder muscles. But
neurologic exam did not show any kind of pinched nerve or
any nerve damage sign at that time. So that after
examining the patient my diaqnosiB waB muscle ligamentous
strain in her neck.
a And, Doctor, do you have an opinion based upon
a reasonable degree of medical certainty as to the cause
of that injury?
A Yes, the reason was I asked to her if she have
any similar problem in the neck or the shoulder before.
She said .he never had any kind of pain in the neck or
shoulder prior to involved in the car accident September
22nd, 1992. S, that based on her history and also based
on the physical exam, this muscle ligamentous strain in
the neck is as a result of a car accident on September
22 nd, 1992.
a Now, Doctor, what course of treatment did Anne
then undergo and that you prescribed for her?
A I ordered outpatient physical therapy to
relieve muscle spasm and also gradually try to
strengthening the neck and shoulder muscles.
a And did she attend physical therapy?
A Yes, sir.
a And for what period of time -- can you describe
for us what that therapy -- how long that therapy went on,
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Doctor1
A
You mean the each visit you're talking about
or
Q The number of months that she attended therapy.
A Okay. I saw her November II, 1992. And I
followed her about monthly basis and she received the
therapy in the November to December and December to
January. And also therapy was stopped in February 1993.
Q Okay. When did you next see Anne Devlin after
the initial visit of November ll? Did you next see her in
December of 1992?
A Yes, December 14, 1992.
Q And what were your findings of her on that
date, Doctor?
A That date in the physical exam still there are
limitation of range of motion of the neck and also muscle
spasm and tenderness mostly worse on the right side. And
then when I do so-called Addison's test, this test
evaluate for nerve and circulation problem in the neck.
That test come out positive on the right side, which
meaning is this patient have a lot of muscle spasm in the
muscle in the neck. It's meaning is muscle spasm present
in the muscle near spine column.
That is what we call medically thoracic outlet
syndrome. So the thoracic outlet syndrome is cut the
8
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1 circulation and some pinching nerve while muscle traveling
2 from the neck down to the arm by sustained muscle spasm.
3 So it indicatss she still suffering with a lot of muscle
4 spasm in the muscle near the cervical spine.
5 So I recommend at that time on December 14,
6 1992 she needs more outpatient treatment to stretching of
7 this tightness in the muscle around the spine.
8 Q Was Anne -- 80 she was to continue the therapy
9 then. Was Anne also working, Doctor?
10
A
Yes, she never missed work. She working more
11 in a office work as a coordinator at Blue Shield. So she
l2 never missed any work after injury.
t:)
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Q
When did you next see her then, Doctor?
January l3, 1993.
And briefly can you explain for us what your
A
Q
16 findings were of Mrs. Devlin on that date?
17
A
She start to show improvement but whatever
18 reason she said somewhat increased -- start to get pain in
19 the low-back area, but when I examined the low back there
'-...)
20 are some more like muscular type of pain without any
21 neurologic problem.
22 Regarding neck-wise, there are limitation of
23 motion in the neck, more particularly on the right side of
24 the neck. But left side is a lot better, and her muscle
25 spasm is more localized on the right side of the neck and
11
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A
Neck motion was almost full now. There are
2 some muscle spasm developed in the right neck muscle, but
3 Addison's tests I did evaluate for presence of a muscle
4 spasm in the muscle which was completely gone. That is a
5 really good sign. So cervical, neck-wise, she is
6 remarkably improved.
7 But she had occasional flare-up of the muscle
8 spasm, particularly in the right side neck shoulder
9 muscle, but that is all limited in the very superficial.
lO It's meaning is just near the skin area and not a deep
11 muscle. So I can say she's a well progressive recover
12 from the cervical strain from the September 1992.
()
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o
Okay. Doctor, is she scheduled to visit with
14 you in the future?
15
A
Yes, I told her she can call me whenever she
16 recur any muscle spasm. Otherwise, she will call me to
17 see me about middle or later of September 1996. The
l8 reason is a lot of our patient who suffer with any kind of
19 muscle ligamentous problem or joint problem or a neural
20 problem when weather changing, coldness or dampness, could
21 make recur of a muscle spasm problem.
22 So she will call me middle or late September to
23 see me how she's doing with after summer i. over muscle
.....J
24 strain and spasm might reoccur or not. If she will do
25 well at that time, I can say this patient i. now almost
,----')
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1 point in time she had had some additional physical therapy
2 and she reported to you that with that outpatient therapy
3 her pain was markedly better?
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A
That's correct.
Q
And at that January 13th, '93 visit as a part
6 of your testing you had her walk on her heels and her
7 toes?
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A
That's correct.
Q
And she could do that?
A
Right.
Q
And what's the significance of that, Dr. Cho?
A
Because when she came to me for I think -- yeah
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U l3 January l3, 1993 she complained of start pain in the low
l4 back. So I examined her low back at that time to get her
l5 if she had any kind of pinched nerve or any problem in the
16 low back. So I did that muscle strength testing in the
l7 leg to find out if she had any pinched nerve in the neck
18 -- in the low back to reach out any back problem.
19 And that finding showed neurologically,
20 nerve-wise, in the low back was perfectly okay. Regarding
21 for walk, ambulate with the toe or heel was not tested for
22 the neck. That test was for the low back.
23
Q
Okay. Sure. All right.
In the visit of March
24 22nd of '93 she indicated and your notes indicate that she
25 was doing low-impact exercise program three times a week.
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I Doetor, what is a low-impact exercise program?
2
A
Because Blue Shield has a program for all
3 employees so-called well-being program. There are two
4 kind of aerobic classes there. One is real dynamic high
5 level of aerobic exercise, in the lunch hour, in the
6 morning they do. And then another exercise is low impact,
7 it's meaning is without any kind of a jumping or the step
8 exercise, more flexible stretching exercise. They do it
9 and she asked me if she can do that exercise, I go, yes,
10 she can start, not a high impact, not a step exercise, not
II a high jump exercise. So I said, yes, flexible stretching
12 exercise with the low impact she can participate in the
~ 13 job program.
14
Q
Okay. And then that was in March of '93. And
15 October 28th of '93 then she talked about doing aerobic
16 exercises two times a week and aquatic exercises. Were
l7 those aerobic exercises or is that something different
18 than the low impact?
19
A
That is -- aerobic exercise, there are two
20 kinds of aerobic exercise, one is a high impact and one is
21 a low impact in the aerobic exercises. And the aquatic
22 exercise is swimming pool exercise. Job is providing only
23 for aerobic exercise. So I say she can go in the aerobic
24 exercise, and then a water exercise, swimming exercise at
....)
25 the Y or any place is really making fast recovery for a
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muscle ligamont strain. So that I told her she can join
the Y to do some swimming exercise.
Q And at that visit you indicated that she was
doing great, she's had some residual aching and neck pain,
but she'. able to manage it and without taking any
medication?
A That's correct.
Q And then as time progressed she was telling you
that she would only have difficulties on an occasional
basis, it wouldn't be everyday, would it?
A That's correct.
Q Then I believe in July of '94 she apparently
had reinjured herself playing some volleyball and
developed pain and therefore you saw her. And one of the
things you did then was to have an MRI of her neck; is
that correct?
A That's correct.
Q Okay. And an MRI, it's a more sophisticated
computer-generated type of test?
A That's correct.
Q And that was normal?
A Yes.
MR. WIX: I have no other questions.
MR. SHIPMAN: Doctor, thank you.
THE VIDEOTAPE SPECIALIST: The video deposition
l7
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1 COUNTY OF LEBANON
I
SS
2 COMMONWEALTH OF PENNSYLVANIA I
3 I, Denise A. Sampson, a Notary Public, authorized
4 to administer oaths within and for the Commonwealth of
5 Pennsylvania, do hereby certify that the foregoing is the
6 testimony of Jay Jungho Cho, M.D.
7 I further certify that before the taking of said
8 deposition, the witness was duly sworn, that the questions
9 and answers were taken down stenographically by the said
10 Reporter-Notary Public, and afterwards reduced to
11 typewriting under the direction of the said Reporter.
12 I further certif.y that the said deposition was
(;) 13 taken at the time and place specified in the caption sheet
14 hereof.
15 I further certify that I am not a relative or
16 employee or attorney or counsel to any of the parties, or
17 a relative or employee of such attorney or counsel, or
18 financially interested dire~tly or indirectly in this
19 action.
20 I further certify that the said deposition
21 constitutes a true record of the testimony given by the
22 said witness.
,
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IN WITNESS WHEREOF, I have hereunto set my hand
this 21st day of August, 1996. (,J
De~~~~r=Notary
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ADDRESS:
CURRICULlJl VITAE
Jay J. cho. M.D.
6124 Eo Trindle Road, Mechahicsburg, PA 17011
(717) 796-7943
120 N. 7th street, Suite 102, Chambersburg. PA 17201
(717) 267-7735
Physiatry--Board Certified in Physical Medicine a
Rehabfl itation.
Premedical School: Yonsei University
March 1962 - February 1964
Seoul, korea
Medical School: Graduate Yonsei UniVersity
March 1964 - February 1968
Seoul, korea/Received the degree of Medical Doctor
Served as Army Surgeon, korea
March 1968 - June 1971
SPECIALTY:
EDUCA TI ON:
General practicing physician in
Center, Seoul. Korea
July 1971 - June 1972
Publfc Hea Hh
Intet'nship: Trumbull Memorial
Warren, Ohio
July 1972 - June 1973
Residency: Physical Medicine & Rehabilitation -
Columbia Presbyterian Medical Cehter
New York, NY
June 1973 - July 1976
Hospital
Training: Columbia Presbyterian University Hospital
New York. NY
Helen Hayes Hospital
New York State Rehabfl Hat ion
and Research Hospital
West Haverstraw, NY
Blythdale Children's Hospital
Vahalla. NY
Harlem Hospital, New York, NY
Fellowship: Department of PhYSical Medicine and
Rehabfl Hation - Columbia University
New York, NY
1973 - 1976
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EXPERllNCE:
1. Pradldng Medicine as specialty of Physical
Med I cine/Rehab I I t ta t I on
Mechanlcsbul'g, PA
1976 - Present
2, President, Rehab Medicine Associates, P.C.
Mechanfcsburg, PA
19711. - Presen t
3. Senior Medical Ob'ector, Rehab 1I0spl tal fot'
Special Services, Mechanlcsburg, PA
1976 - 1990
~. Active Slarr, ltatTlsburg Itosptlal
IIM'I'lsburg, PA
1977 - Present
5. Chief Section of Physical Medicine &
Rehabl I Itatton, Itarrlsburg Itospltal
Itarrl sburg, PA
1979 - Present
6. Consulting Staff, Itoly Splt'lt 1I0spltal
Calllp Itl J 1, PA
1977 - Present
7. Consulting Stoff, Comlllunlty General
Osteopathfc Itospltal, Harrisburg, PA
1977 - Present
8. Chief, Amputee/Orthotic Clinic, Rehab
1I0splta I for Speci a 1 Serv fees,
Mechanfcsburg, PA (OVR Approved)
1977 - Pr'esent
9. Member of Governing Board of Mechanfesbut'g
Rr.hob Itospltal
Mechan I csburg, PA
1985 - 1990
10. ~Ir.dfcal Executive Advisor, Rehab Itospftal
for Special Services, Notional Medical
F.nterpr'lses
11. Medical Executive Committee Mechanlcsburg
Rehab Itosp Ita 1
Mechonfcsburg, PA
1908 - 1990
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12. Senior Medical Director, Renova Center
(Subacute Facility), Mechanicsbury, PA
1989 - 19Y2
13. Member of Governing Iloard of Subacute
Mechanicsburg Rehab System,
Mechanlcsbury, PA
1989 - 1992
14. Director, Renaissance IIealthcare Corp.
Mechanfcsburg, PA
June 1989 - Present
15. Medical Staff, Active
Chambcrsburg IIospf ta I,
Chambersbul'g, PA
1990 - Present
16. Consultfng MedIcal Staff, Carlisle 1I0spltal
Carl fsle, PA
1991 - Present
17. Medical Director/Active Medical Staff Seldle
Memorial lIospftal. Capftal flealth Systems
Mechanicsburg, PA
1992 - 1995
MEMUERSIIIPS:
Pennsylvania Medical Society
Dauphin County Medical Society
American Academy of Physical Medicine &
Rehabilitation
American Associatfon of Electromyography and
Electrodlagnosls
American Academy of Evoked Potential Society
American Medfcal Associatfon
QUALIFICATIONS:
licensed: State of Pennsylvania, M.D.
Certified, American Iloard of Physical Medicine
& Rehabflitatfon
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ORIGINAL
r'1
ANN R. DBVLIN AND
STRPHBN J. DBVLIN,
PLAINTIFFS
v
1 IN THE COURT OF COMMON
1 PLBAS, CUMBBRLAND COUNTY,
1 PBNNSYLVANIA
1 J('}Su
1 NO. 94-~
1
1
1 JURY TRIAL DBMANDBD
JAMBS HOCKBNSMITH,
DBFBNDANT
DRPOSITION 011'1 GBORGB HARHIGH, M.D.
TAKBN BYI PLAINTIFFS
BBFORBI DONNA B. RICHARDS, RPR
NOTARY PUBLIC
DATBI JULY 18, 1996, 2112 P.M.
.....
PLACB 1
25 SOUTH 35TH STRBBT
CAMP HILL, PENNSYLVANIA
.
APPEARANCBS:
GOLDBBRG, KATZMAN & SHIPMAN, P.C.
BY' JEFFERSON J. SHIPMAN, ESQUIRE
FOR - PLAINTIFFS
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WIX, WENGER & WEIDNER
BY, RICHARD H. WIX, ESQUIRE
FOR - DEFENDANT
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~ 7l1brigM, 'hlh Ir'Jll1f41t ~&rlia, 8""
11~ PINE STREET. HAAAISsuRG, PA 17101
H.rrllburg 717.232.1l&-W Fax 717.232.ge37 l,nell'" 717,39:J.~101
''- 1 WITNBSS
2 !!M!! DIRBCT CROSS
3 GBORGB HARHIGH, M.D.
4 BY MR. SHIPMAN 3 --
5 BY MR. WIX -- 12
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STIPULATION
It is hereby stipulated by and between counsel
for the respective parties that reading, signing, sealing,
certification and filinq are hereby waived.
GEORGB HARHIGH, M.D., called as a witness,
being duly sworn, testified as followsl
DIRECT BXAMINATION
8Y MR. SHIPMAN:
o Good afternoon, Dr. Harhigh. My name is Jeff
Shipman. I'm an attorney from Harrisburg, Pennsylvania.
And I represent Mr. and Mrs. Ann and Steve Devlin in a
case that is pending in Cumberland County.
The case arises out of an automobile accident
that happened on September 22nd, 1992. And the purpose
for our meeting here today is for me to have an
opportunity to ask you some questions about your treatment
of Mrs. Devlin following that automobile accident, and to
use that deposition at the trial of this caBe.
First, doctor, could you please explain for the
record what your educational and madical training
background has been?
A I got my Osteopathic Medical Degree from The
Philadelphia College of Osteopathic Medicine in June of
A
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1964. I did a year's internship at Bayview Hospital in
Cleveland. And I've been in active family practice for
in this area for 31 years.
I'm an active staff member at Holy Spirit
Hospital, consulting etaff at Health South Rehab Center,
and I have a degree of fellow with the American Academy of
Family Physicians.
o Okay. Doctor, did there come a time in
September of 1992 when you learned that Mrs. Devlin had
been involved in an automobile accident?
A Yes.
o Can you tell us on what date you learned that,
doctor?
A I had first seen her on September 25th, and she
gave a hietory of having been involved in an auto accident
on the 22nd. She was a paBsenger in a front seat and was
seat belted. And the driver of her car waB negotiating a
left turn.
He was stopped negotiating a left turn and was
rear-ended by another automobile. Her head was whipped
forward, and shortly after the accident she was taken to
the emergency room at Holy Spirit Hospital and x-rayed.
Apparently the x-rays were normal. When I had
initially seen her ehe didn't have any radicular symptoms
that would indicate a diBC -- cervical disc problem. But
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she had a marked limited range of motion in her cervical
spine and very tightly apastic trapeziea on both side..
She was given, at that time, a diagnosis of
flexion/extension, injury and was treated with muscle
relaxant and given an anti-inflammatory agent which was
Prednisone in this case. And I don't normally use that,
but hers was fairly bad.
The starting dose of 80 milligrams a day and
tapered down to O. We also, at that time, put the Metco
Sontilater on the two trapeziea muscles and ultrasound to
her cervical spine. And I asked her to come back in a
week.
o Can you explain to me what the device is you
refer to placing on her trapezius muscles?
A The Metco Sontilater is kind of like an
electric stimulator. It grabs the muscle and holds it for
a while, and then it releases it. And the objective is
that the machine's not going to get tired, but the muscle
will. And when the muscle gets tired, it relaxes. So its
ultimate purpose is to relax the muscle.
o Where is that muscle?
A The trapeziea are right up on top of the
shoulders. They go from -- they're continuous actually
with the muscles along the sides of the neck. But the
bulk of them is right here on top of the shoulder.
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o Okay. And that was done on September 25, 1992?
A Yes.
o Okay. when did you next see Mrs. Devlin,
doctor?
A She was seen the second time on October the
2nd. And on the Prednisone tapering to 0 and the Soma,
she really didn't improve much. She still had no
radicular symptoms, but her range of motion was still very
much limited.
I increased her -- I changed her muscle
relaxant to a different -- different one, put her on
Vicodin ES, which is equivalent to a grain of codeine, for
her pain. And I referred her to local physiotherapist,
Eric McCuen, for some outpatient physical therapy.
o And did she attend physical therapy at McCuen?
A Yes, yes.
o And did you receive and review a report from
the physical therapist?
A Yes. I received two reports, as a matter of
fact. Did you want the first one?
o Yes, please. The report that's dated October
8, 1992, doctor.
A Okay. Well, I'll quote directly from his
letter. He just says. Ann Devlin is a 33 year old female
who was seen for initial evaluation at our Camp Hill
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office on October 7 following your referral.
She gives a current history of being involved
in a motor vehicle accident on September 22nd at which
time her car, which was at a complete stop, was hit from
behind. She waB in a passenger seat and was wearing her
seat belt.
She was taken to Holy Spirit where she was
given Advil, and x-rays were taken, reported as negative.
Over the next few days her pain got worse, and she was
seen by you.
She's been taking Vicodin, which is that
codeine preparation, which helps. And stated that the
TENS unit, which is kind of a -- it's a portable Metco
Sontilater. It's run on a nine volt battery. But it
stimulates the muscle the same way that the Metco
Sontilater would, only for a longer period of time.
And down further he just says that her -- he
kind of agrees with my findings that her she had marked
limited range of motion and a lot of muscle spasm. Then
he goes on to say what his treatment was going to consist
of.
o And do you -- did you then get a report later
from McCuen?
A Yee, I got another letter dated November 6th.
o And what did -- is that the report authored by
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Physical Therapist Basim?
A Yes.
o Stuart Basim. Okay. And aocording to that
report, how many physical therapy sessions did Mrs. Devlin
attend?
A 13.
o Okay. Now, did you also see Ann Devlin on --
doctor, referring back to your notes. Did you a180 see
her on October the 14th of 1992?
A Yes.
o And what findings did you make on that date,
doctor?
A Well, by this time she had already had three
treatments at McCuen'., and she said she felt a little
better, but was still having substantial pain. And at
that time, and this is new, she had noticed the decr~a.ed
strength in her right arm, which she hadn't complained
about before.
And she -- also on my exam she still had a very
limited rotational motion. As a matter of fact, to right
rotation it was limited to 50 percent of normal.
o When you say limited range of motion, what do
you mean? You mean the head turning from side to side?
A Yes, like right rotation you should have from
here to the shoulder. That should be 45 degrees. And if
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she lost 50 percent, than that means that she could turn
it just 45 degrees.
Q Okay.
A And left rotation she was limited to 75 percent
of normaL
Q Okay. That's on October 14 of 1992?
A Yes.
Q And what did you prescribe for her? Was she to
continue the therapy?
A Well, yes, we wanted her to continue with
McCuen. And I added to his therapy. I told him that I
wanted him to add ultrasound to the cervical spine. And I
also changed her medication to Feldene, which is a
non-steroidal anti-inflammatory agent.
Q And what is ultrasound?
A Ultrasound is high frequency sound waves that
basically you don't feel anything. But what it does is,
by vibrating deep tissue, it encourages the local
circulat;'.on to come in and reduce inflammatory response.
o Okay. So you added the ultrasound and the --
A Feldene.
o -- Feldene to her treatment plan?
A Yes.
o Okay. And did you then next see her O~ OCtober
26th, doctor?
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A Yes.
Q Okay. Can you explain for us what your
findings were on that date?
A Well, she was tolerating the Feldene, and she
was still in therapy. I still found that the left and
right rotation -- rotational motions were limited. So I
told her that I wanted her to continue with the Feldsne
and the therapy, and I wanted to recheck her again two
weeks after that.
Q And did she -- did she attend that next visit
with you?
A Yes. That was the la8t time I saw her for the
accident, November the 9th, 1992.
Q And what findings did you make on that date?
A Well, by this time she had already had 13
treatments from McCuen, and I didn't feel like she was
well enough to discharge. She still had a marked
limitation of motion, a lot of muscle spasm. And it was
then that I decided to refer her to Dr. Cho, who'. a
physiotrist, a specialist in physical medicine.
Q Okay. And did she go to see Dr. Cho?
A Yes.
Q And did you -- did Dr. Cho write to you to
provide you with a report of his findings?
A Yes, I had gotten two letters, three letters.
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o Looking at his letter to you of November the
11th, 1992, doctor.
A Yes.
o Can you explain for us what Dr. Cho's findings
were?
A Well, he started the letter by relating the
mechanism of the accident and his examination. fie said,
and I'm quoting from hie letter, today's physical
examination indicates that the patient is suffering with a
severe muscle ligamontous strain of the cervical spine.
I cannot pick up any neurologic or any other
significant orthopedic impairment at this time. And then
he gave a list of what he wanted her to do.
He kept her on the muscle relaxant and the
anti-inflammatory that I had put her on, but he added
Darvocet, which is strictly a pain killer. It doesn't
reduce inflammation. And he advised outpatient treatment
three times a week, the purpose of which was to relax the
cervical muscles.
o And did she continue to treat with Dr. Cho
then?
A Yes.
o Now, Dr. Harhigh, I'm going to ask you a
question that calls for an opinion, a medical opinion, and
I would like you to please state your answer to my
13
. 1 A Yes.
2 Q -- other reasons?
3 A Yes.
4 Q And when Wll6 the last time that you had leen
5 her?
6 A March of '94.
7 0 And what wa6 her complaint at that time?
8 A She had a acute maxillary sinulitis.
9 Q And did she offer any other complaints other
10 than those to her sinus?
11 A No. She wa6 too ill to, as a matter of fact.
12 MR. WIX: That's all I have.
0 13 MR. SHIPMAN: Okay. We're finished.
14 (Whereupon, the deposition was concluded at
15 2:29 p.m.)
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by her family physician, George Harhigh. She had marked limited
range of motion in her cervical spine and spasms in her trapezius
muscles. Dr. Harhigh diagnosed a flexion-extension injury. He
prescribed muscle relaxants and anti-inflammatory medications.
He also prescribed a regimen of physical therapy. Ann continued
to be very painful and Dr. Harhigh referred her to Jay Cho, M.D.,
of Mechanicsburg Rehab Hospital. She continues to treat with Dr.
Cho up to the present time.
At the same time of this accident, Mrs. Devlin was actively
pursuing treatment for infertility with Virginia Hall, M.D. Dr.
Hall will be called as a l~itness to testify that the automobile
accident, with its attendant aftermath, delayed Ann's gynecologic
treatment.
III. Statement of PrinciDal Issues of Liabilitv and Damaaes.
a. Whether James Hockensmith was negligent.
b. Whether James Hockensmith's negligence was a
substantial factor in causing the accident and the injuries
to Ann Devlin.
c. The full amount of damages sustained by the
Plaintiffs, Ann and Stephen Devlin.
2
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IV. Summarv of Laaal I..ua. Raaarding ~dmia.ibilitv of
Te.timonv. Exhibit. or oth~r matta[a.
The Plaintiff. do not anticipate any difficult or novel
legal i..ue. ragarding admi.sibility of te.timony, exhibit. or
any other matt.r.
V. witn..... to be called.
Ann Devlin
St.phen Devlin
Jam.s Hock.memith
Gr.g Thomas
Polic. Officer Jam.. Sadler
Georg. Harhigh, M.D.
Jay Cho, M.D.
Virginia Hall, M.D.
Scott M.ck, Occupational Th.rapi.t
Joy Cleveland, Occupational Therapi.t
Rick Saer, Therapist
The Plaintiff. respectfully ra.erve the right to .upplamant
this lilt.
VI. Lilt of Exhibits.
a.
M.dical recorde and r.port.,
Photograph. of the D.vlin vehicle, and
b.
3
PRAECIPE FOR LISTING CASE FOR T~JA~
(Must be typewrlllen and submitted In duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
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Please list the following case:
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( ) f~r trial without a jury. '~:: '" _\" I
.un........................................................................................................................................................~........,~......'I
(:oJ :,
t.;",
(Check one)
( xx) for JURY trlBI at the neMtterm of civil court.
-
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CAPTION OF CASE
(enllre caption must be stated In lull)
(check one)
ANN R. DEVLIN and STEPHF.N J.
DEVLIN,
Assumpsit
Trespass
(xlll Trespass (Motor Vehicle)
(Plaintiff)
(other)
vs.
JAMES HOCKENSMITH,
The trial list will be called on August 2..Q.,_l996
and
Trials commence on September 16. 1991i
(Defendant)
Pretrials will be held on__~Jlqust 28. 1996.
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall provide
forthwith a copy of the praecipe to all counsel,
pursuant to local Rule 214.1.)
vs.
NO'94-4750 Civil ______, _"__"'n"_ 19 ,
Indicate the attorney who will try case ror the party who files this praeclpe:Att.o.!:n.e,'i_f.o~
Plaintiffs, Jefferson J. ShiEman, Es~, 320 Market St., Harrisburg, PA
--------- -_._- ----------- ....-...-... --.- .'---"----- --.
Indicate trial counsel for other parties II known: AttorneJl~_f_o_r)),efendant, ,Ric:h.ar.4, H.
wix. ESQ.. 4705 D_~ke_S~ree~L Harrisburg, PA
This case is ready for trial.
----Signed: ,....l!l&t-IYVV .Z;;J:I{<<~
p,,,, .,Z' Joffmo" J. Shipm,"
Dale
6/21/96
Plaintiffs
A tlorney for
ANN R. DEVLIN and STEPHEN J. :
DEVLIN, :
plaintiffs :
:
v. I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-4750 CIVIL TERM
JURY TRIAL DEMANDED
JAMES HOCKENSMITH,
Defendant
DBJ'BIrDDT' B ANB"BR WITH In", HATTaR
1. After reasonable investigation, Defendant is without
sufficient knowledge to form a belief as to the truth of the
averments of Paragraph 1.
Therefore, each and every averment of
Paragraph 1 is specifically denied and strict proof thereof is
demanded at the time of trial.
2. Admitted.
3. Admitted.
4. After reasonable investigation, Defendant is without
sufficient knowledge to form a belief as to the truth of the
averments of Paragraph 4.
Therefore, each and every averment of
Paragraph 4 is specifically denied and strict proof thereof is
demanded at the time of trial.
5.
Admitted in part and denied in part.
Admi tted that
Defendant, James Hockensmith at about the same time was operating
his vehicle westbound on S.R. 114 when his vehicle impacted the
rear of an another automobile. After reasonable investigation, the
Defendant is without sufficient knowledge and belief as to the
truth of the averments of Paragraph 5. Therefore, the remaining
averments of Paragraph 5 are specifically denied and strict proof
thereof is demanded at the time of trial.
6. The averments of Paragraph 6 constitute a conclusion of
law to which no response is required. To the extent that a
response is deemed required, each and every averment of Paragraph
6 is specifically denied and strict proof thereof is demanded at
the time of trial.
7. After reasonable investigation, Defendant is without
sufficient knowledge to form a belief as to the truth of the
averments of Paragraph 7. Therefore, each and every averment of
Paragraph 7 is specifically denied and strict proof thereof is
demanded at the time of trial.
8. After reasonable investigation, Defendant. is without
sufficient knowledge to form a belief as to tho truth of the
averments of Paragraph 8. Therefore, each and every averment of
Paragraph 8 is specifically denied and strict proof thereof is
demanded at the time of trial.
9. After reasonable investigation, Defendant is without
sufficient knowledge to form a belief as to the truth of the
averments of Paragraph 9. Therefore, each and every averment of
Paragraph 9 is specifically denied and strict proof thereof is
demanded at the time of trial.
10. After reasonable investigation, Defendant is without
sufficient knowledge to form a belief as to the truth of the
averments of Paragraph 10. Therefore, each and every averment of
Paragraph 10 is specifically denied and strict proof thereof is
demanded at the time of trial.
WHEREFORE, Defendant, James Hockensmith respectfully requests
your Honorable Court to dismiss the Plaintiff's Complaint with
prejudice.
11. Defendant, Hockensmith incorporates herein by reference,
Paragraphs 1 through 10 of the Defendant's Answer with New Matter.
12. After reasonable investigation, Defendant is without
sufficient knowledge to:> form a belief as to the truth of the
averments of Paragraph 12. Therefore, each and every averment of
Paragraph 12 is specifically denied and strict proof thereof is
demanded at the time of trial.
WHEREFORE, Defendant, James Hockensmith respectfully requests
your HonQrable Court to dismiss the Plaintiff's Complaint with
prejudice.
Nn KATTIIR
13. Defendant believes and therefore avers that Discovery may
reveal the Plaintiff's claims for non-pecuniary damages are limited
pursuant to the Pennsylvania Motor Vehicle Financial Responsibility
Act.
14. Defendant believes and therefore avers that some or all
of the plaintiff's cl~ims for medical expenses and wage loss may be
barred pursuant to the Pennsylvania Motor Vehicle Financial
Responsibility Act.
WHEREFORE, Defendant, James Hockensmith respectfully requests
your Honorable Court to dismiss the Plaintiff's Complaint with
prejudice.
COUNT I
Ann R. D.vlin v. J.... Hock.n..ith
3. That this complaint arises out of an automobile
accident which occurred on September 22, 1992 on S.R. 0114 in
silver Spring Township, Cumberland County, Pennsylvania.
4. That at the time of the accident, the Plaintiff Ann
R. Devlin was a passenger in an automobile being operated by
the Plaintiff Stephen J. Devlin and which was lawfully being
operated in the westbound lane of S.R. 0114 and stopped,
intending to turn left with the left turn signal activated.
5. That the Defendant James Hockensmith, at or about
the same time and loc~tion, was operating a vehicle westbound
on S.R. 0114 when he caused his vehicle to violently collide
with the rear of the Plaintiffs' automobile.
6. That the aforesaid accident and the violent
collision that occurred was a dirRct and proximate result of
the negligence and carelessness of the Defendant James
Hockensmith in the following particulars:
2
a. failing to have his vehicle under proper and
adequate control so as to avoid cOlliding with the
Plaintiffs' vehicle;
b. failing to keep alert and maintain a proper
lookout while operating his vehicle;
c. failing to observe the position of the
Plaintiffs' vehicle;
d. failing to stop his vehicle within the assured
clear distance ahead;
e. failing to operate his vehicle at a safe and
appropriate speed; and
f. failing to operate his vehicle at a safe and
appropriate speed when approaching an intersection.
7. That as a direct and proximate result of the
negligence and carelessness of Defendant James Hockensmith and
the violent collision that occurred, the Plaintiff Ann R.
DeVlin sustained severe, permanent, painful and grievous
physical injuries over her entire body, including, without
limitation the following: severe cervical sprain and strain;
severe muscle injury; severe ligament injury; severe pain in
her head, neck, shoulders, arms, back; weakness and limitation
of cervical motion; mUBcle spasms and other painful and
serious injuries, all of which have caused her to be
3
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hospitalized; permanent disability; severe emotional trauma;
and, conscious pain and suffering.
8. That as a further direct and proximate result of the
negligence and carelessness of Defendant James Hockensmith,
the Plaintiff Ann R. Devlin has incurred and will continue to
incur medical and related expenses which have and/or will
exceed the sums recoverable under the Pennsylvania Motor
Vehicle Financial Responsibility Law.
9. That as a further direct and proximate result of
the negligence and carelessness of Defendant James
Hockensmith, Ann R. DeVlin has suffered a loss of earnings and
loss of earning power.
10. That as a further direct and proximate result of the
negligence and carelessness of Defendant James Hockensmith,
Ann R. Devlin has been unable to attend her usual daily
activities and has suffered, and will continue to suffer in
the future, severe emotional distress, anxiety, loss of life's
pleasures and inconvenience.
WHERErORE, the Plaintiff Ann R. Devlin respectfully
requests that judgment be entered in her favor and against
4
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Defendant James Hockensmith in an amount in excess of
$30,000.00.
Respectfully submitted,
GOLDBIRG, KATZMAN , SHIPMAN, P.C.
.
320 Market street
Strawberry Square
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
':)/"7 dlo c.- Attorneys for Plaintiffs
DATED: ~ -,- 1-J
IW......,.lI1
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy
of the foregoing document upon all counsel of record by
depositing the same in the united states Mail, first class,
postage prepaid, at HarriSburg, pennsylvania, on the ~3,t'~ day
of
f)'kti? ( 11
, 1995, addressed as follows:
Richard wix, Esquire
WIX, WINGER , WEIDNER
4705 Duke street
Harrisburg, PA 17109-3099
GOLDBERG, KATZMAN & SHIPMAN, P.C.
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By
17108-1268
Counsel for Plaintiffs
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ANN R, DEVLIN and
STEPHEN J, DEVLIN,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VI'.
94.4750 CIVIL TERM
CIVIL ACfION . LAW
JURY TRIAL DEMANDED
JAMES HOCKENSMITH,
Dcfenda.lI
VERDlCf
L Was the defendant, James Hockensmith, negligent'1
Yes L No
2, Wa.~ the defendant's negligence a substantial factor in causing injury to the
plaintiff, Ann Devlin'l
Yes.X- No
3. What damages do you award to the plaintiff, Ann Devlin'l
$ \~OC. 00
4, What damages do you award to thc plaintiff, Stcphen J. Dcvlin, on account of
his claim for loss of consortium'l
$
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Datc: f;
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