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HomeMy WebLinkAbout94-05113 'l i)' " " " " , ' , QJ 5 , Q,) I 19) I I " " I, , , , ~ , , " ", -:J '1 q "'I I " " " ,,' " II, , , " " " ~ " J " (Y) - - t{) I 6t / , " " _1'1 , " " , , 36, WILLIAM JOEL DERRICK and ANNE HEWITI DERRICK. his wife. Plulnliffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA YS, CIVIL ACfION - LAW MYRTLE E, GREENE, Defendunl 94.5113 CIVIL TERM IN RE: PRETRIAL CONFERENCE Present al a pretrial conference held Oetoher 25, 1995, were Dennis Sheaffer, Esquire. allorney for the plaintiffs, and Jumes G. Neulon. Esquire, ullorney for lhe defendant. This e<lse <Irises out of an <lutomohile <leeidenl which occurred on December 16, 1993, The defendant was pulling out of a pur king lot and did so directly Into the palh of lhe plaintiff. William Joel Derrick. Liahility is udmilled, A~ a result of lhe aceidenl, the pluintiff suffered Injuries, including a fracture of lhe right femur, This is a ralher straighlforward case in which lhe issue is lhe amount of damages, The uulomohile involvcd was insured under a Ulah po1k'Y which permits subrogution of amounls paid for medieul expenses. The parties disagree as to whether or nol lhe totul amount of medical expenses may he exprcssed 10 the jury, Bolh will brief lhis mailer in a lrial memorandum, In the cyenl thallhemallergoestolrial.itis eSlimated to take one and llDe-half days, Therc arc the normal numher of juror challenges. October 25, ]995 A#- Dennis Sheaffer, Esquire For the Plainliffs James G, Nealon, Esquire For lhe Defendanl I I , I i I OCT , IJ ~lJ :1,1 '95 ilJ , , " :, ~" ) t , , '. " " J I . PLlNlll/QSI J",p",.....IIIJ.I 9,tJ5I.t. J 'I' WILLIAM JOEL DERRICK and ANNE IN THE COURT OF COMMON PLEAS " HEWITT DERRICK, his wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs NO. 94-5113 CIVIL TERM I v. CIVIL ACTION - LAW MYR'rLE Ii:. GREENE, Defendant JURY TRIAL DEMANDED .1 II. Pact. R.aardina Damaa.. PLAINTIPPS' PRETRIAL MEMO~ I. Paot. R.aardina Liability Plaintiffs' cause of action arises out of an automobile accident which occurred on December 16, 1993, at about 2:40 p.m. on Route 11 (Carlisle Pike) at its intersection with 38th Street, Camp Hill, Hampden Township, Cumberland County, Pennsylvania. Defendant Myrtle Gre~ne was pulling out ~f the parking lot of a shopping center and did so directly into the path of Plaintiff William Joel Derrick. Mrs. Greene has admitted liability for the accident in question. As a result of the accident, Plaintiff william Joel Derrick suffered severe physical injuries including comminuted fracture of the right femur, which requil'ed ,surgical repair. He further sustained injuries which resulted in temporaLY paresthesia of his genitalia and groin. He sustained bruised left ribs as well as other contusions and abrasions. PLEAD INOS I J",p", ..,..I/O, /'),IJ5I.t. As a result of his injuries, Mr. Derrick was disabled from his employment as a make-up artist for a period of approximately one year. Further, Mr. Derrick will lose additional time in the future when the hardware that remains in his leg is removed by surgery. Mr. Derrick has incun'ed $35,220.39 in medical expenses, $5,000.00 of which has been paid by his auto insurance carrier. Mr. Derrick has also received $13,000.00 in wage loss reimbursement from his auto insurance carrier. The auto insurance policy is a Utah policy, which requires repayment of the medical expenses and wage loss payments that were made if there is a recovery in the third party claim. As such, there is subrogation under the Utah auto insurance policy from which Mr. Derrick received medical and wage loss benefits which total $18,000.00. III. Princigle I..u.. of Liability and Damaa.. Liability has been admi t ted . The only issues of damages appear to be that of the Plaintiff's future medical expenses and his wage loss. Additionally, there is also the issue that is mentioned above regarding the Plaintiffs' auto insurance carrier's subrogation. IV. Summary of Leaal I..u.. It is anticipated that the Defendant will raise the issue of , the admissibility of the medical expenses and wage loss amounts 2 PLIADINOSI J",p",,,..";/o.I9,'J5I.t. judgment that may occur, but has not made any further offer to settle the case. Respectfully submitted, HEPFORD, SWARTZ & MORGAN By: ~ ~~,;( .tki1f- Denn[s RGh(!affer Attorney I.D. #39182 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 Date I I..,.....", 'f$ ATTORNEYS FOR PLAINTIFFS 4 J,,,,'''y/'J, 2. 'J";'!. of a strip mall (The Shops of Hampden) across the Carlisle Pike to 38th Street. 6. At the aforesaid time and place, as Defendant Greene pulled out from the parking lot onto the Carlisle Pike, she did so without warning and immediately in front of the vehicle being driven by Plaintiff William Joel Derrick. 7. At the aforesaid time and place, Defendant Greene's vehicle was struck on the driver's side by the front of the vehicle, driven by Plaintiff William Joel Derrick. COUNT I William Joel Derriok Y. Myrtle Greene 8. Paragraphs 1 through 7 are incorporated herein by reference thereto as if set for.th in their entirety. 9. The aforesaid accident was caused solely by the negligence, carelessness and recklessness of Defendant Greene as set forth herein and was in no manner due to any act or failure to act on the part of the Plaintiffs. 10. Defendant Greene was negligent, careless and reckless by: 2 , J,II,....,J9.2,941.t. a. Failing to have her vehicle under proper and adequate control at the time of the accident I b. Failing to apply her brakes in time to avoid the collision, c. Failing to observe the vehicle driven by Plaintiff William Joel Derrick on the highway and take evasive action to avoid the collision, d. Failing to operate her vehicle in accordance with existing traffic conditions I e. Failing to drive her vehicle at a speed and in a manner that would allow her to stop within an assured clear distance; f. Failing to keep a reasonable lookout for. other vehicles lawfully on the roadway, specifically the vehicle being driven by Plaintiff William Joel Derrick; g. Operating her vehicle in a manner not consistent with the road and weather conditions prevailing at the time; h. Failing to yield the right-of-way to Plaintiff William Joel Derrick's vehicle; i. 'Failing to stop prior to entering or crossing the Carlisle Pike; j. Operating her vehicle in a manner which otherwise violated the Motor Vehicle Code of Pennsylvania; 3 . J,","'.y,I9.2-941.t. COUNT II Anne Hewitt Derrick v. MYrtle Greene 17. Paragraphs 1 through 16 are incorporated herein by reference thereto as if Bet forth in their entirety. 18. Solely because of the negligence of Defendant Greene as hereinbefore alleged, Plaintiff Anne Hewitt Derrick, as the wife of Plaintiff William Joel Derrick, has and will ,be in the future be obligated to expend large or various sums of money from medicine and medical attention to treat and attempt to cure her husband of his injuries. 19. By rea Bon of the aforesaid, Plaintiff Anne Hewitt Derrick has been and will be in the future deprived of the assistance and society of her husband, all of which has been and will be to her grflat financial damage and loss. 20. By reason of the aforesaid, Plaintiff Anne Hewitt Derrick has been and will be in the future required to perform herself, or hire others to perform various services which her husband would otherwise be able to perform had it not been for the injuries he sustained in the aforesaid accident, again all of which has been and will be to her great financial damage and loss. 6 . J,""...,.I9.2.941.t. " , , :\ WHEREFORE, Plaintiff Anne Hewitt Derrick demands judgment in her favor in an amount in excess of tho limits for mandatory arbitration, plus interest and costs of this suit. Respectfully submitted, HEPFORD, SWARTZ & MORGAN By:(i2'~~r Attorney I.D. #39182 ! " 'I " , I, Date I I A h'l . , 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0889 ATTORNEYS FOR PLAINTIFFS 7 VERIFlqATION I, William Joel Derrick, verify that the facts st.ated in the foregoing document are true and correct to the best of my knowledge, information and belief. I underBtand that any false Btatements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. ~",~1~.1J W am Jo r c " N ,.... ~.... ',,", ;J; ~. .~ ,6'''1 1,..("') .. ..,'; ~ ~ i\f: ' . \ <", '" ':} j' .' ':'> " (.... ,!,-::> r--.J ~ .. <~ n...d - 0" '''--"', . ':"- '-:, ..... ....... :t V:) V'l ....... '') ~-~ " ~ '~"~""2-> " , r<) r'll '? '\ z ~ ~ !- :I Ii: ;:: ~ !~ ~ rd ~ N, , I-O~:"" ..:. ,- , <.... ~ ... .s~~~~j . ~ ,,~ i::l - ~.. ~:: ~ ~ ... . ill ' ::c :I: . \ . ...."."" ..... SHERIFF'S REWRN ~TH Of' PENNSYLVANIAr COlIN'I'Y Of' CLt>lBERrAND In the Court of Connon PleaB of Cumberland county, Pennsylvania No. 94-5113 Civil Term Complaint in Civil Action Law and Notice William Joel and Anne Hewitt Derrick, his wife VS Myrtle E. Greene Weslev Cook , >PAlltR~IOJr Deputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Complaint in Civil Action Law and Notice upon Mvrtle E. Greene . , the defendant, at 11:24 o'clock A.M. allUl EDST, on the 13th day of September , 192,.'\it 1428 Raven Hill Road, Mechanicsburg Pennsylvania, by handing to Mvrtle E. Greene, defendant , Cumberland County, a true and attested copy of the Complaint in Civil Action Law and Notice, and at the same time directing her attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs. Docketing Service Affidavit Surcharge 14.00 6.72 So answers. , f'P6;?r~< 12!:~ 2.00 22.72 Pd. by. Atty. 9-14-94 R. Thomas Kline. Sheriff by Sworn and subscribed to before 1m this ";'.-..f- day of II.JJ'DJl {~ I 19 --..:LY__ A. D. "''';'7--'-'' D. )Ild(,~ .# Prothonotary ~. ~ WILLIAM JOEL DERRICK and ANNE HEWITT DERRICK, his wife, !N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 94-5113 CIVIL TERM MYRTLE E. GREENE, CIVIL ACTION - LAW Defendant JURY TRIAL DEMANOED CBRTIPICATI OP SBRVICm I hereby certify that I have this 22nd day of September, 1995, served a Praecioe for Listing Case for Trial upon counsel of record by First Class U.S. Mail, addressed as follows: James G. Nealon, III, Esquire CALDWELL & KEARNS 3631 North Front Street Harrisburg, PA 17110 HEPFORD, SWARTZ & MORGAN By: ~ X. ~:it- Sharon L. Smit , Secretary to Dennis R. Sheaffer 111 North Front Street P. O. Box 889 Harrisburg, PA 17108-0899 Date: q I ,};;>./ ~::) AT'rORNEYS FOR PLAINTIFFS