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HomeMy WebLinkAbout94-05308 " n" " 0/') 7 I I .\1 ~ . - '. \, '\ , , " j , , , I I I I I 6t, I , 00 o r() Ln I ..... 1 '..... . " i,li If'., '1 , , " " . ,., -, ,~ " ,. I , ~ " ..' , '. ""I' ....... DOUOLA" DOUlIloA. , DOUOLA' '''O'~I\'' ., Jw I. .. ~I,~ .,,,.., -- ., ... ,., llAII~'Ur. 'IHHIVW.HI" 1""'0'" , DEe 3 0 1~94~ """",,I\' . ,i; /I:,,:l ,II '. I. ,I. __..j'_" ,! . ';'f- ,'!" '::d; 1"" :~; ==.."::l=;-~~'::/ .. .... --. "P '" ~,,' -, , " 'ltIl_..~_.,._. , -- -.. YO 1M' ........, --W.....1lI__ '""",, - . ~, - II ,...,... _..IY..... ... " ,I .. - '" , '., . . . SHARON L. GRIFFIE, I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I CIVIL ACTION - LAW I NO. 94-5308 ROSE M. BARNES, I Defendant I JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT. ROSE M. BARNES 1. A Statement of the Basic Facts as to Liabilitv On March 2, 1994, plaintiff, Sharon L. Griffie, was operating her 1986 Chevrolet Chevette in a southerly direction on Route 34, also known as spring Road. She was proceeding from her home to the Rite Aid Pharmacy. The posted speed limit was 35 miles per hour, but it was snowing and the road was snow covered. It was somewhere between 8:15 and 8:45 p.m. The Rite Aid Pharmacy was to close at 9:00 p.m. Defendant, Rose M. Barnes, had been shopping and pulled out of a parking lot which would be on the west side of Route 34. The exit from the parking lot is also immediately opposite Cavalry Road and there is a traffic signal at the location. In addition to the traffic signal at the intersection of Route 34 and Cavalry Road, there is also a signal ahead sign located north of the intersection alerting southbound operators on Route 34 as to the traffic signal ahead. 2. A Statement of the Basic Facts as to Damaaes Plaintiff was taken to the emergency room at the Carlisle Hospital, examined, x-rayed, and discharged. She saw , . her family physician the next day and then had physical therapy three days a week until sometime in April. The medical expenses are less than $5,000, have been paid by the plaintiff's insurance carrier, and are not an item of damage in this case. The property damage or vehicle damage is also not an item of damages in this case. The only item of special damages in this case is claim for lost wages from the date of the accident, 3/2/94, until sometime in April. Prior to the accident, plaintiff had been working as a waitress at Bellaire Family Restaurant, 141 West High street. Plaintiff had started working there in November 1993. The month after the accident plaintiff returned to work as a waitress at the Roadhouse Cafe. Shortly thereafter, in May 1994, plaintiff became a full-time student to become a medical assistant. Plaintiff's claim for damages consists of the lost wages and a claim for pain and sUffering. 3. A statement as to the Principal Issues of Liability and Damaaes In connection with liability, there is not only the issue as to which operator had the green light but there is the issue as to whether plaintiff was proceeding too fast for the snowy road conditions and whether she made proper observations and took proper action as she approached the intersection. - 2 - ...,. ,.,., ,. roO: , . , ') ,.- , , , ... .. III ... ~ ~ ~ ," I') .. "" III V)~ " " <4 0 ," .. ~ 0 ~> .. ... ~~ .... .. ID "- "" ~ ~ 0 z - ~~ - /;j ~ z 9 - , ~:.: - ~ I') ~ iIl"- ~ '" u :i ~ I- III ~ o . . u E.'U1.~ ~~ ~ '" ? o ~H s on .... ~ ~ . ~ II: ~ 0 ~ ~ . V) i5 j~ Z~q 0 .... :> ~ ~u "" ~ "- u 9 - . ~5a~...J '" "- _ oJ = '" ..: ~ w . o ...,..: . '" % , Uj"'.... ...J ' , . II: on "'e.'l~~ . OJ _ z :r. ~ . iS~~:>< 0 N ~ ~ '" t;j 1 V) z o~ ~ HUZ V) X .".- ..,.. I or- .~ .. - --,. SHARON L. GRIFFIE, I IN THE COURT OF COMMON PLEAS plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I CIVIL ACTION - LAW I tWo 94-5308 ROSE H. BARNES, I Defendant I JURY TRIAL DEMANDED APPEARANCE TO THE PROTHONOTARY: Enter the appearance of Metzger, Wickersham, ~nauss & Erb as attorneys for defendant, Rose M. Barnes. METZGER, WICKERSHAM, KNAUSS & ERB By ( c_tU.JU(.I'- ,q~:A~f Christian S. Erb, Jr. Attorneys for Defendant P. O. Box 93 Harrisburg, PA 17108-0093 (717) 238-8187 1.0. No. 07170 October 3, 1994 . , - SHARON L. GRIFFIE, I IN THE COURT OF COMMON PLEAS Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I CIVIL ACTION - LAW I NO. 94-5308 ROSE M. BARNES, I Defendant JURY TRIAL DEMANDED ANSWER WITH-NEW MATTER AND NOW comes defendant, Rose M. Barnes, by her attorneys, Metzger, Wickersham, Knauss & Erb, and files the within answer to the plaintiff's complaint as follows: 1. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and truth is demanded. 2. Admitted. 3. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and truth is demanded. 4. Admitted. 5. Denied. When the defendant entered the street, she had a green light. 6. Denied. When defendant entered the street she had a green light and she also braked her vehicle in an attempt to avoid the plaintiff. 7. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the averment and truth is demanded. . - GEORGB P. DOUGLAS, JR., ESQUIRB ATTORNEY I.D. '06270 DOUGLAS, DOUGLAS & DOUGLAS 27 W. High St. P.O. Box 261 Carlisle, Pa, l70l3 Telephone I 7l7-243-l790 Attorney for Plaintiff SHARON L. GRIFFIE I IN THE COURT OF COMMON PLEAS V. I OF CUMBERLAND COUNTY, PENNA. ROSE M. BARNES I CIVIL ACTION LAW NO. 94-5308 I JURY TRIAL DEMANDED REPLY 11. The Plaintiff had purchased full tort insurance coverage with the Allstate Insurance Company, prior to the March 2, 1994, motor vehicle accident. 12. Denied. There was no negligence on the part of the plaintiff. She was on Pa, Rte. 34. She had the green light. The defendant drove out of Nell's parking lot against a red light. WHEREFORE, the plaintiff is entitled to a recovery. DOUGLAS, DO~S & DOUGLAS By J{,''::JI l-( . J ~. "l!.'/, George P'.Douglas, Jr.1 Attorney for Plaintiff JAM ZG 2 57, PH '95 t;{ '.ii tlt'l j ,I ',h'( ,I)' , , i' ,I " It, " \\ ,.! 'I i' " ' , ;1 II , " ,I.J , I .1> , , ,"'" ,-;,,_ ",I, ~"I_"I~~. "';.\-~~","j\;.I~,jfli,,~t,i' (J~_j"'W_T";'..~I".h"tl' .,...r-.,--"-.- 'Ii ..~I ' I r , ~ , ;, , I," ,i .\ 1,'tI .. " '" "'~._..,....