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Home My WebLink About94-05441 , 1 . ..~ .. ; i ':1.' , I' 1 ; ~i i ...r ~ -I I , i J I , , i , '1 , , 'I "I ( il~ j Q. j r ,~ ,', , " , ,1' It, '" ""'.. ;t'! ./'/ '" , f' " " " , , ij , :1 ,i ! ~ j ..' ,I; V 'I, - " , ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMPTON Vs. No. 945441 SOl:.TBSZ NOTICE OF RECORD DEPOSITION TOI DAVID KNAUBR, BSQ DONALD DORBR (RBQUBSTOR) PLBASB TAKE NOTICE THAT THE FOLLOWING RECORD DEPOSITION WILL BB TAKEN AT 4'40 DISSTOR STRI.T, PBILAD.LPBIA, PA OR AT THE TIME INDICATBD. D.PonNTI TIMIII .----...---------- -------.... ALLSTATE INS CO 10:10 A.M. There will be no interrogation of the deponent, and it is expected that no attorneys will be present. If there is any objection raised by opposing counsel, deponent will be notified. The price for the record is as follows; first fifteen pages = $19.00 and each additional page = $.75 Tbi. depo.ition i. for the purpo.. of copying only. A copy of the above notice wa. mailed on ATTORNEY FOR THE DBPENDANT By: ..licia aain.. MEDICAL LBGAL RBPRODUCTIONS, INC. (215) 335-3581 Bnc: Copy of subpoena(s) Counsel return card 1122"''' t..~ '. . . I , ~'. TO YOU A..I HI....Y NOTI"IO TO "LI A W..ITTIN ....'ON.. TO THI , INCl.OIID . WITIIIN lWlNTY (201 OAYI '''OM , IIIMCI IIIJ1101' 011 A JUDOMINT MAY H INTlnlO AOAINIT VOU I . ',IV LAW O....ICt:S DONALD R, DOlt:I 390'7 HAR'TlPAI.1. 01, SVITI. 706 CAlli' HILL, PA 17011 . (711) 731...... fAX: 1717) 131-0917 TOO: 1-IOO-6U-Z411 ..L~ I SEP 20 1MbV! WI DO HI....V ClIlYI,., THAT TH, WITHIN IIA TIlUt AllOClOMlOTllClPI 0' THI O..IGINAL PlL.O IN ".' ACTION IV . @ , ."OfINIV LAW OFFICES OF DONALD R, DORER 3907 Hartzdale Drive, Suite 706 Camp Hili, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Deborah G. Soltesz MARGARET COMPTON AND JOHN L. COMPTON, JR.,IIER HUSBAND, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No, 94-5441 CIVIL VS. DEBORAH G. SOLTESZ, DEFENDANT CML ArnON - LAW JURY TRIAL DEMANDED - BRIEF IN SUPPORT OF DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT J. SUMMARY OF FACTS AND flpCEDtJRAL JlISTORY: The Defendant's Motion for Partial Summary Judgment, including Exhibits" A" through "C" attached thereto, is incorporated herein by reference as if more fully set forth, I JJ. ARGUMENT: 1, Plaintiff, Marlaret Compton, did not sustain a "serious Il\Jury" as defined under the PenDSylvanla Motor Vehicle Flnam:lal Responsibility Law as amended at 75 Pa.C,S,A. 11701 et. seq. This Honorable Court is empowered to grant a motion for summary judgment where pleadings, depositions, answers to inte~gatories, admissions of record and affidavits on file demonstrate that no ~enuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law, Atkinson v. Haue. 424 Pa.Super, 406, 622 A,2d 983 (1993), , Punuanl10 Pe.R,C,P. too'.I()). e report euthored by Dr, Th"mu YucbA, the trutin. orlhopuclic .ur,eon or Ibe pleintirr, Mer,erel Compton. i. .11ec:hed herelo u ElIhibil "D. in .upplemenl&lion or Ibe recorde. 1 AnOllNIV In the recently decided case of Murray v, McCann, _ Pa,Super._, 658 A,2d 404 (1995), a lower court's detennination that a plaintiff had not sustained a serious injury as defined under the Pennsylvania Motor Vehicle Financial Responsibility Law was upheld, In McCann, where the lower coun was silting as the finder of fact, the facts were essentially as follows: Appellant instituted this personal injury action against appellee on January 29, 1991, alleging that on December 13, 1990, at approximately 6:20 p,m., appellant W\lS crossing North Manon Avenue, Morton, Delaware County when she was stlUck by the Subaru automobile driven by appellee. Appellant, who was seventeen years old at the time. was taken by ambulance to Taylor Hospital, where she was examined, x-rayed, and released. All x-rays were nonnal, and there was no bleeding, She was bed-ridden for two weeks, returned to work, and then underwent physical therapy for four months, Thereafter, she consulted an orthopedic surgeon for pain in April, 1991, and August. 1991. Appellant ceased medical treatment after August, 1991. Appellant incurred $7,338.80 in medical bills: $j,OOO of those were covered under her first-pany coverage. 658 A.2d at 405. The Court also noted: "A reading of appellant's testimony establishes that with only two exceptions, she engages in all activities which she enjoyed prior to the accident. Those activities are miniature golf and roller skating, With respect to all other activities, she does experience stiffness and pain, but the pain does not stop her from engaging in those activities, She also indicated that the pain is not significant enough to require breaks at work," 658 A.2d at 405-6. The McCann court concluded as follows: After a thorough review of the trial court's decision, we conclude that while it made isolated remarks that are in error, it did not apply the incorrect legal standard in determining whether appellant suffered serious impairment of bodily function, The Pennsylvania Legislature modeled this law after the Michigan law. In determining the correct defmition for the tenn at issue, the trial court properly turned to guidance from Michigan's body of case law. The court cited to the leading Michigan case, DiFranco v, Pickard, 427 Mich. 32, 398 N,W.2d 896, 914-15 (1986), and concluded that "the factors" which should be utilized in determining whether a bodily impairment is serious are "the extent of the impairment, the particular body function impaired, the length of time the impainnent lasted, (and] the treatment required to correct the impairment." In addition, any other relevant factor may be utilized under the DiFranco decision. 658 A,2d at 407. In Dodson v. Elvey, 445 Pa. Super. 479, 665 A.2d 1223 (1995), ilk &rante<\, _ Pa. _, 674 A.2d 1072 (1996), a similar conclusion wag reached by the Superior Court, Procedurally, Dodson held that the initial determination of whether a motorist has met the threshold 2 under the limited tort option is made by the Court, and only where there is a substantial dispute of fact on the issue is the question for the jury; conversely, where the evidence does establish that the threshold has been met, the jury may decide only issues of damages and liability. 665 A.2d 1232. The Dodson Court also set forth the relevant standard for detennining motions for summary judgment raised under 75 Pa.C.S.A,f1705: In this case, appellant claims that he sustained a serious impainnent of body function. This tenn is not further defined by the relevant statutes, We have not found any Pennsylvania cases that conclusively define the term, We are persuaded, however, as was the trial court in this case, that the definition adopted by the Michigan couns in DIFranco v. Pickard is a useful one, The "serious impainncnt of body function" threshold contains two inquiries: a) What body function, if any, was impaired because of injuries sustained in a motor vehicle accident? b) Was the impainnent of body function serious? The focus of these inquiries is not on the injuries themselves, but on how the injuries affected a particular body function, Generally. medical testimony will be needed to establish the existence, extent, and pennanency of the impainnent", In detennining whether the impainnent was serious, several factors should be considered: the extent of the impainnent, the particular body function impaired, the length of time the impainnent lasted, the treatment required to correct the impairment, and any other relevant factors. An impainnent need not be pennanent to be serious. 427 Mich, at 39, 398 N,W,2d at 901. See also Pennsylvania Standard Civil Jury Instruction 6.02(D) (1991). An impainnent involves more than the injury itself, The consequences of the injury must involve a serious impact for an extended period of time on a plaintiff's life, See o.swin, supra at 318, 609 A,2d at 429, It must interfere substantially with the plaintiff's nonnal activities and not impose only a mild or slight limitation. See Licari. supra at 236, 455 N,Y,S,2d at 573-74, 441 N,E,2d at 1091. 665 A,2d at 1233-4, According to the deposition testimony of the Plaintiff, Margaret Compton, she was driven to the Holy Spirit Hospital following the accident by her sister (depositionl, p,8), and was treated and discharged for complaints of lower back and neck pain, as well as ann and shoulder bruises (deposition, p,9), The Plaintiff then contacted Good Hope Family Practice approximately one week 2'DepositioD" .h.1I refer to the transcript of Ihe depositioD of the Plaintiff. Mar,arel Complon, taken OD June II, 1996. previously .ttached as lillhibit "B" to DefeDdant's MotioD for Parli.1 Summary lud,meDI. unless otherwise Doted, 3 after the accident (deposition, pp, 9-10). The Plaintiff then testified that the physicians she saw at Good Hope Family Physicians recommended physical therapy (deposition, p.II), but she did not obtain such therapy upon the following testimony (deposition, pp. 11-12): Q, Did you obtain physical therapy after you first saw Dr. Ham.? A, No, Q, Why was that? A, I was too busy with the baby-sitting and the baby and the kids, driving them to school. Q. Do you recall when you next received medical care for back or neck pain associated with this accident? A. I think it was several months, two or three months. I'm not sure how far along it was, It got to where it was worse and worse, and I just couldn't ignore it any more. Later, the Plaintiff did begin a course of physical therapy in Carlisle, after dropping off her children in a school in Shiremanstown (deposition, p.12), approximately late winter of 1993, and this therapy concluded when the children got off school in June, 1993 (deposition, p,13), The Plaintiff later underwent an orthopedic l..onsultation with Dr. Thomas Yucha, but did not recaJlthe date of such evaluation (deposition, p,15). With regard to the alleged impai""ent of activities as a result of the subject motor vehicle accident, the Plaintiff, Margaret Compton, testified as follows during her deposition: Q, Can you give me examples of activities, your daily activities, household activities, caring for children, that have been impaired or precluded because of your injuries since the time of the accident? A, Well, anything with lifting for starters causes pain. Sometimes it isn't immediate. I'll pay for it a day or two later, and depending on what it is it can last, Sometimes it just lasts for a long time, And it was something that I didn't think should have caused pain. And driving is the main, one of my main problems with the whole thing, Where our children go to school it's SO minutes on way. So, we were to the point where we were debating whether to take them out of school there or what to do with them because the driving is pretty tough. It's pretty time consuming anyway, but to have pain and to have it cause p~in, to have it get worse all the time, it's really bad. But it causes pain in my back. And then just having to move on way or the other way, For the fll'st year it was -- well, up until the therapy was over it was really bad, but after that it improved some, Now, I still have neck pain, I'm not able to dive off a diving board, I can do it occasionally, but whenever I do I have pain, It causes pain in the back, 4 The Plaintiff funher discussed mild limitations in such activities as diving, swimming and visiting amusement parks (deposition, pp, 19-21). With regard to household chores and general lifting activities, the Plaintiff further discussed other mild limitations as follows (deposition, pp.21- 22): Q, And I'm getting the impression that you are getting your household chores done, but it causes additional pain. A, Right. Q, And the same is true with lifting of objects? A, Well, I have older children, So, when ever there's something that needs lifted, I 'Jsually -- I try to limit lifting, Q. But YOII can if you have to ? A. Well, I pay for it if I have to. The Plaintiff, John Compton, in his deposition, testified that the Plaintiff had an inability to lift a small infant for a period of some months following the accident (deposition' of Plaintiff, John Compton, p.6). Under the standards set fonh in the McCann and Dodson, the Defendant herein is entitled to the entry of partial summary judgment as the alleged injuries of Plaintiff, Margaret Compton, do not constitute a serious impainnent of bodily function as a matter of law, The Plaintiffs herein, therefore, should be precluded from presenting any non-economic damages to a jury at the time of trial. Although the husband of the injured Plaintiff, Margaret Compton, testified as to an inability to fully care for an infant child in the months following the accident, the Plaintiff did not seek any recommended medical treatment of any substance until approximately five months post accident. Moreover, it is clear that since the completion of the course of physical therapy in Carlisle in 1993, the Plaintiffs complaints of pain are subjective and are, at present, imposing only a mild or slight limitation on the nonnal daily activities of the Plaintiff, Margaret Compton. WHEREFORE, for the foregoing reasons, this Honorable Court is respectfully prayed to grant the Defendant's Motion for Partial Summary Judgment, and to preclude the Plaintiffs herein from presenting any claim or evidence as to non-economic damages as a result of this subject motor vehicle accident, and such other and further relief as may appear just to the Court under the circumstances, 3Ell.hibil 'C' Il&ached 10 Derendanf. MOlion ror Plrtial Summary J"darnen!. 5 ." .'.1""'1."""'""'.<1 '.."..I'~'" ,"'' '"';11,1''' tv IxNllleD .' .1"' ... ";:":'..:.l...:...:.. .~; PENNSYLVANIA ORTHOPEDICS, p.c. RlchardJ. Plllcnon, M.D. Juan J. L1l1on, M.D, Thomu J, Yucha, M.D. Richard J. BOil, M,O, Roy E, Bands II, M,O. Cocoa'" Chocollle AvcnucI Slcven B. Walt, M,O. Henhey, PA 17033 Phonc 717-'3H~80 Grcllory A, HlnU, M.D. ~~~ICOIdl II. nor to bt IN." ,... ~'l" .....n '1IlIIoi1uli ..~,u .1 "Oul IIdt 011, "dtrll inliiol l!Jr. c:on nlllliiy lews II1iy tppiy, ", Poplu Church IOld SullC 300 Camp Hili. PA t701l Phone 717.761.,.,1 BUllna 7t7.76"'37~ 'Ill 7t7.76t.0160 t-800-8H-4010 July 11, 1994 Good Hope 1830 Gooel Enola, PA Family Physicians Hope Road 17025 Orrhoped' I 875 POP~~R ll~tirurc of PA CAMP HIll. ~~w~lrO, Dear Doc tor s: I had the pleasure of seeing Margaret Compton of R, D. #2, Box 263-F, Newport, Pennsylvania, in the office on July 8, 1994, with the chief complaint of pain in the back, Margaret Compton is the 37-year-old mother of eight who two years ago was involved in an automobile accident when 'she was wearing a shoulder harness and was hit by another car, Their speed was ab04t 35 miles an hour, and she was hit from the side and was thrown about the car wearing her shoulder harness, She was originally treated with physical therapy for about 3 or 4 months and that did help, but with the childr~n coming home from school it was impossible to continue the therapy. The pain increases with lifting, sitting, or driving, It is in the lower lumbar area, It is back pain without significant leg involvement, She mentions that she is stiff in the morning, and about a month ago she had a significant amount of increased pain in the back radiating down to the thighs. A muscle relaxer did help as did Ascriptin. Advil occasionally helps. She does not really take it in therapeutic doses, She has not used a doughnut, Physical examination of Margaret Compton shows ehe points to the area of the upper sacrum as the area where she has her pain, She flexes the low back to 70 degrees, extends 10 degrees, and lateral bends 15 degrees ,to each side, The neurological examination of the lower extremities was within normal limits w1t~';~h.deep tendon reUexes being equal and 'active bUaterally. , ...There .are no .ensory or-motor losses, and I traight leg rahe. -~'we~.'negat1ve bUaterally, ... . , . -' . cDP' '. , , '. . n!!I~ClI=,;rA , ..: ~.;;iiOi. I SEP 2 T 1996Y~ .. ': . . , . . ,.,,\., ,I DAYID W. KNAUlR. "c. "noNIIYUT LAW 4""""" MAIIITIIIIT ..c:tWIIllauM. H/M'ILVANIA 1*1 17171 .,..mo "I" ,. 'I ... ' ~- ,iI ~ ,I I -'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYlVANIA MARGARET COMPTON and JOHN l. COMPTON, jR" her husband Plaintiffs CIVIL ACTION. LAW v. No, 94-5441 Civil DE60RAH G, SOLTESZ Defendant JURY TRIAL DEMANDED PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT I, STATEMENT OF FACTS AND PROCEDURAL HISTORY On September 25, 1992, the Plaintiff's van, containing herself and two of her pre. school children, was broadsided by the Defendant's vehicle, who failed to stop at a stop sign, As a result of the accident, th"e Plaintiff was seriously injured and sought treatment for her conditions. The Plaintiff's two children were not injured in the accident, On September 23, 1994, the Plaintiff (i1ed a Writ of SLim mons and on March 19, 1996, filed her Complaint. The Defendant's 'Answer with New Matter was filed on April 24, 1996, 10 which the Plaintiff filed her Reply to New Malter on or about May 3, 1996, The Defendant filed a Motion for Partial Summary Judgment on August 23, 1996. This brief is filed in opposition to said motion, II. QUESTIONS PRESENTED' . wether the Defendant as Moving Party Has Established That the Plaintiff Has Not Suffered Serious Impairment of a Body Fundionl Suggested Answer: No. had to perform many of the household duties which she previously had engaged in. However, her testimony clearly indicates substantial limitations, She has testified that she cannot lift objects without immediate or delayed pain, Therefore, those duties usually will be delegated to her older children, She states: Q And the same is true with lifting of objectsl A Well, I have older children, So, when ever there's something that needs lifted, I usually - I try to limit lifting, Q But you can if you have tol A Well, I pay for it if I have to. Compton Dep, at pp, 21-22. Additionally, the Plaintiff has extreme difficulty driving her vehicle, She testified that she drives 50 minutes one way to take her children to school. Although she has continued to do this driving out of necessity and religious conviction, she must endure serious back pain. In addition, the injury has caused limitation of her driving as evidenced by her husband's testimony, Q Is there anything that you're iinding not gelling done by the time you get home that you're used to having donel A Probably a lot of the extracurricular driving for piano lessons, baseball games, I think I'm probably driving at 90 percent of it now, where she would do more than half usually. , . . Deposition of John l. Compton, /r" at p, 5, Mr, Compton's testimony also supported Mrs, Compton's testimony about being limited in what household chores she could do, Q How it's changed you, how it's changed your life, your family's lifel - 6. ^ Well, there's a lot. I'd say i have quite a few demands on my time when I get home because there's things she can't do that I need to take care of, and even vacuuming hurts her sometimes, So, the older kids pitch in and do the vacuuming. The kids do an awful lot too now, , , , John Compton Dep. at pp. 4-5, He also testified about her injury's effect on her ability to care for her infant son. Mr. Compton testified that she was unable to pick him up for several months after the accident which in his opinion affected the bond between mother and son. Uohn Compton Dep at p. 6). This inability to pick up their youngest child has continued, Q Was there a point in time where her ability to pick up jered and the other kids improved? A No, because jered got bigger as she got a little better, So, I don't think that ever really got a lot better. jered, she'll sit on the recliner and jered will crawl up on her lap, but as far as picking him up and carrying him around - or you go to a mall and she couldn't carry him through the place, She'd have to put the stroller down and get hil"1 situated, John Compton Dep, at p. 7 In addition to the above, the Plaintiff's injuries still limit her ability to engage in amusement park rides and to dive.into a swimming pool. (Compton Dep. at pp, 19-20; John Compton Dep. at p. 5). It should be noted that the Plaintiff's deposition was held on June 11, 1996, well over three and a half years after the accident. She is still experiencing limitations on bodily functions after several years. The Defendant concludes that all the above testimony amounts to only mild limitations on the Plaintiff's normal daily activities, To the contrary, the Plaintiff has experienced limitations of bodily function in almost all areas of her daily existence I - 7- Including household work, driving, lifting, child care and recreational activities. Many of these activities she cannot do or cannot do without pain, The consequences of her injuries have made a substantial impact on her life for a protracted period of time, The Dodson Court stated that: -,t. The consequences of the injury must involve a serious impact for an extended period of time on a plaintiff's life, (citation omitted) It must interfere substantially with the plaintiff's normal activities and not Impose only a mild or slight limitation, (citation omitted) 665 at 1234, The Dodson Court requires the word "serious" to be understood as encompassing "significant" and "important", 665 A.2d at 1234, The instant matter involves a injury with significant, Important and continuing consequences for the Plaintiff. Although at this point in time the Plaintiff's complaints of pain and limited function are primarily subjective, the Superior Court has recognized that subjective complaints can constitute a serious impairment of body function. Murrav v. McCann, 442 Pa.Super, 30, 658 A,2d 404 (1995); Dodson, 665 A.2d at 1235, The key area of inquiry is not the nature of the injury, but rather, the consequences and effects of the injury on the accident victims life. The Dodson Court stated: We emphasize that in deciding whether a material issue of fact exists for the jury, the judge should not focus on the injury but should focus on the nature and extent of plaintiff's impairment as a consequence of the injury. 665 A,2d at 1231. .8. ~ . p -. ~ ~ . .. ~.' . 27 .rookWeod Av.nu. atalANDca l.aINO aElAa, INC, Ca~li.l., '.nn.rlvania 17013 (717) 2U-UU TBl8 IwrORHATIOH II roa yova aICORD.. TBAXI YOU roa YOu. arr~o 'l.l~!&L ~ua~JGM.. , \'UIIIT' ta'1'll DATI. ftIICIN' I X~gar.t Compton 04/11/17 Cathl..n K. Sangillo, X,D. DIAONOIII. C.rvi~al lumbar .train DAT' ''1' INITIATED. 03/30/'3 'ATIENT IDI. 1116.3 . Har,.~.t r.port. .h. wal invol.'d In an ~ in 1/.2. Ih. r.port! that .h. h.d nO p~..iou. n,ury, howev.r, .h. did hay. gall bladd.~ .urgery la.t .umm.~. Ih. r.port. that .h. i. in cb.rwi.. g.n.rally good h.alth. On the 0-10 .oal. h.~ paln 1.v.l today during ..al wa. · /10. .ain u.ually dO.. iner.... a. the d.y '0.. on. Ih. notic" DO~. pain at night. ,Driving .... to aggravate the probl.. and lyin; down ..... to .ak. h.r f..l b.tt.r. Ih. our~.ntly iv.. in Newport, but h.r mothar liv.. in Xt. Rolly 'pring. and due to bAby.ittin; raa.on. .h. . able to oome to our ''1' ~linie for tr.at..nt. lb. il the moth.r of . childr.n and .h. r.- 'ort. that .h. .njoy. workin, out at the ~XCA wh.n Ih. i. not injur.d. Ih. i. not taking any !.dicatiOn b.o.u.. .h. i. b~.altf..ding a child. , I. 'I'nl. pt ~ulat.. to the ''1' olini~. Ih. 1. an oth.rwi.. h.althy whit. f..al.. Jarvieal aOM. Fl.xion i. 400. E~.n.ion i. 200 and painful. Sid. b.nding to the . i. 260, lid. b.nding to the L i. 220, . rotation i. 600, L rotation i. 300. Sh. do.. ..em to ha.. on p.in on L rotation. Long littin, t..t 11 -6" frolll to... St.nding fl.xion te.t i. approx. 10 frO. the floor a. w.ll, loatur.L B.r po.turw i. on. of ri,idn... in the c.rvieal and tr.p..iuI ar.a, Sh.~. p~ot.et- n, from any fu~th.r ROM or .ov.m.nt due to pain, She doe. r.port having pain in the tailbon., iow.v.r, I did not chaek that on the fir.t vi.it. lalnation. I did find t.nd.rn... at both .aeral .ulci, She i. not having any r.diating .x'. In .ith.r the arm. or hand. or in the LE'.. O.ntl' manu.l tr.ction did not ...m to ohang. h.r !.in 1...1, it .ctu.lly in~r....d it .li;htly in the L l.~.r.l neck. I;ra.~m.nt' On the inlti.l vl.it thi. Pt tol.r.t.d moi.~ h.at to the c.rvical .pin. and L =ap.du. ar.. 1I'IoI"Uf" to the low.r back .re.. Aft.rward. in a .itting po.iHon I did !~iDl.t.~ lll....;. to the n.ck and trap..lu. .r.a. ~il, I . c.rvical, trapealu. and lumbar p.in. ..t, ma...;. and t~.rap.utic .xaroi... plan of Tr.atm.nt 1. to init1.t. thi. pt on moi.t I will progr.a. ~h. modaliti.. a. n..d.d, 'I' ''1';. 1) TO r..tor. mora than ~Oo of neck .xt.n.ion /. pain. 2) TO indue. r.lax.tion of the rap.du. ar.., T LTG. 1) To r.duo. p.in 1.v.l, ..peci.lly durin; .x.rei.... 2) TO ~. abl. to play and n~lZact /0 h.r ~hildran wh.n la.. painful, . 2x/wk. tor' wk.., lt n..d.d. 'I'r.atm.nt 1.~rical .tim. 4) Th.rapeutio ex.roi.., or tr.p..iUI .p..m.. will includ.. 1) Hoi.t h..t, 2) H....;.. 3) 5) Ultra.ound, if n..d.d. 6) ~.laxation t.chniqu.. ". I;KATtlIU:I ~~/1~~fTlF V Jonpll .. lul..t.., P. ,PT-OOl2t - - D.t., 01/301t3 Diotat.d but n~ r.ad. . . " PLAINTI".. i, . ~' " .', EXHII... .,.;~ . '\-';~ .' 4'''' ,,,,,.j 1',l1;1 ,-' ............. .. ... .... .. ...... ...... ...... . ..... .... .. . - .... . . 27 IcookWood Avenue r.u:lAII1lla l,aUIG UBAa, 111 cac1ia1" ,enn'r1vania 17013 (717) 241-2341 .LZAI. aIVI", 'IGM ~ .ZTVRM. THANK YOU FOa YO~ aIFIRaAL. 1-'''.... O. .......'l.'dN'r.. 10 I !S11191 M..o.r.~ com'Oton OATil ItUTlll.TlD 03/JO'93 0'/11/11 I'IRIOO COWUD 03/30/93 - O!/30J9J e.~hl..n x.. Sanaillo. M.D. DIAGNOSIS cervlcall1umbrP .~raift~ tnvclv.d in .u~o .ccld.n~ an 09/92. 01/12 . UHAI POTENTIAL cool!! SERVICI Phv.!~&l Tharaev i run YOU 1'0. UnUIIlO 'fIlrl .urllll2 ~ OUR IIlI.VrCII. POI.MAL :urITUL EQ;LvurOX IflLL rou.ow. ~O. rIlGlINOI IDEN'1'IrIlD DlIJUNO .....-niI.TIW / INTERIM VUlT INC1.UDII i. carvical ROM l~itation (fl.xion 40lf; .xten.ion 200, R .id.b.nd 260, L .id.band 220, . cotation 600, L rotation 300, (. Hu.~l. tightne.. and .paem in tcape&iu. ar'l .econdary to pain, . Long .it teat _ 60P fcbm to... . Paift l.v.l 3 on 0-10 now. UIISKJ:NT . 'Iervical/lumblr Itcain. lLAN or TnATMENT. FP.EQt1ENC)', I ANTICIPATED OORATION' I tRZATKENT. 1, Hoiae h.at. 1 ~3 1 2" 3 4 4 5 5 x/w..k Y7 . week., .. neaded, 4, Therap.utic .xer~i.e. 2. &4.d\~1F&. .~~u.&~.on. !5. U.~l'...ounQ. 3. r..".i.. 6. ~..&Xa~~on ~.cnn~qu.. :gr ~rapel.u. .p..m. ~na~c. ~..&X.~10n 01 ~n. ~r.p.&.~.. LONG nruc ClO~lI 1. R.~uce pain l.vel e'f.cially during .x.S-G..... 2.~~~. ~o play \.n~.r.c~ w.~n Cn1~gl'.n wn.n 1.'. p.~nr~~. BORT UlUI GOALS ae.tor. moc. than 200 of n.ek exten.ion. 3. IONATI1J\II ~...(.~ h ,",0. pn D. COIOll:llTI . ,~. ~/..L,-g~- rT /?::tC ~ .~..tl., ~.T., .-QU1~Y~-. OATil , OJ/JOin D1cea~.a g~~ nQ~ r..Q. . . ~ ,.,. ~ 1W~-. . ~'-.m. ~ Clutify T.hat I lI.ve examined ""Ill( pa . ~,:fnd c.b.b -;;ni~" are ne<:e..ary and wU1 be prodded , 'hUe tll. PIU.nt i. un~u my 0II'IJf '.l' p1.~noci~'netll\ent will be r..i....d every 10 day. Clt II >.tien". ClendiUolI w..nt.nt.. ;,::.~e.QotI'a'~.....e""1<:.' wUl be n.e~ed for , jellt ;l.. "'.. . Thil i~~'ai- I .ocid n..d. ......"'.nt, .,.... ......IIl. \I ~4: ...,.. 'UIICIM l.\l.t-""""d. 11.1..'"1 ~ ... OATI "/140/'1' Q \o~ ",~_~o.o.. ~ ASI\ '112 ........................................................................................................ 27 Irookwood Av.ny. ALlI:u.JI\I'EIl '.".U'O UIIAI, INC. Carli.ll. p.nn.ylv.ni. 1701J (717) 245-2J41 nu.n Rnotn, aIOll aND RIlTOJUl. TKAHI yOU roa YOCR azrzaRAL. " I ~... a.. a. ft.UIf'MIMlI!.. I ID I !S16U .f:: or ."" "'ll'" .....,.. ..........,.. ""'"' "':,:::;::':',,/,::::"" fryllC%UI cae.hl..n It.. .."tI!.11a.. M.b. D:tAOJlOll' cervical/lu!l\bV at.rain. ~TX~' Ml01CAL INrO~T%OM lnvolv.d in au~O .cci~.nt en 0;'12. I\TI or ONII'1' 01'12 REKU POTIE/f'UAL GOO~ IIJlVICI Pbv.leal ~~.r.GV 3AKI: TOO rot. UPDJlZIlO TIll 'A\n~ !rO 0V1l IlI:aVICZI. rollUGL 11ll:l:lAL IIVALl1A:l:lOJf WILL FOLLOW. '.:roll rINIlIIlG' IDIEIlTIr:tID ElV1l1NG IJfl'1'IAL / <E'iilIlI~> . Carvia.l 1~ln.ion SO, of norm.l limi~', C:OCl:)'ll pain, " "it~inll i. ditticdt dUI to tailbone. $SIUMlNT. Iltck/low b.ck pain, , pt: "''i''..~.d t:o DC pM or TltCM'I!ENT. rJU:QUENCY. (f'; 2 , ANTICIPATED lJtlI\ATION. 1 2 , I fAEATMlNT: 1. Me!..'!! heat. VUlT INCLutll1 on 6/11/'3 wh.n Icbool 'Dd., .).. 4 S x/weak C) 4 5 6 7 . w..k., &I n..d.d, 4. 2. Zleet.rical .tLmul.tio~. ..' 3. Manual ~.ch"iau. 5. 6, :I0RT 'rEM OOALS Iner.... e.rvical _OM .x~.n.ion to 75'. LONG UN<< GOALS 1. Return ~o WNL of ~L .ctivi~i... Im~re~. ability ~o .i~. 2. 3, IGNATlJQ DATI 05/21"] Dictat.d bYt: not re.d. JOllpl\ nnCIAIf COKlIZIC':I. c.rtify tha' I have .xamined tl\e pa~lent and r.h.b ..rvie.. .r. n.c....ry and will be p~ovid.4 ~ile t:h. p.t:i.nt: i. ~nd.~ my car.. The plan of tr.atm.nt will b. r.view.d ev.ry 60 d.y. or .. at:i.nt'. condit:ion warr.nt.. I ..tim.te th., th... a.rvlc,' wlll be n..4.d tor ~ovt Thi. ,a,ient do.. not r.quir. a .ocial n..d. ......m.nt. ~. \1.to DATI' S/;"/93 AlII '/'2 CERTIFICATE OF SERVICE I, I I, David W, Knauer, hereby certify that I did this 27th day of September, 1996, serve a true and correct copy of the foregoing document on all counsel of record by United States mall, first class, prepaid addressed as follows: Donald R, Dorer, Esquire 3907 Hartzdale Drive, Suite 706 Camp Hill, PA 17011 , '" avid W. Knauer, Esquire Attorney for Plaintiff Attorney 1.0, No, 21562 411-A East Main Street Mcchanicsburg, PA 17055 (717) 795-7790 . . 1 9'-120 .( '" LAW OmCES OF DONALD R, DORER 3907 lIartzdale Drive, Suite 706 Camp lilli, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Ileborah G. Soltesz MARGARET COMPTON AND JOliN L, COMPTON, JR.,IIER IIUSBAND, PLAINTtFFS IN THE COURT OF COMMON PLEAS CUMBERUND COUNTY, PENNSYLVANIA No, 94-!441 CIVIL VS, DEBORAIl G. SOLTESZ, DEFENDANT CtVIL ACTtON . LAW JURY TRIAL IlEMANDED - RULE TO SIIOW CAUSE AND NOW, this day of , 1996, pursuant to the within Defendant's Motion for Panial Summary Judgment, a Rule is hereby issued upon Plaintiffs to show what cause, if any, they may have as to why the relief requested in Defendant's Motion for Partial Summary Judgment should not be granted. Rule returnable within 30 days of service hereof pursuant to Pa.R,C,P. 1035,3, BY TIlE COURT: J. 95-120 41 . -4 . LAW OFFICES OF DONALD R. DORER 3907 lIartzdale Drive, Suite 706 Camp 1111I. PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Deborah G, Soltesz IN TilE COURT OF' COMMON PLEAS CUMBERLAND COUNTV, PENNSVL V ANI" MARGARET COMPTON AND JOHN L, COMPTON, JR., IIER IIUSBAND. ."L"tNTIFFS '>"1"11 No. 94-~ CIVtL VS. CtVtL ACTtON - LAW JURV TRIAL DEMANDED DEBORAH G, SOLTESZ, DEFENDANT DE.'ENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND NOW COMBS the Defendant. Deborah Soltesz. by and through her attorney, Donald R. Dorer, Esquire, who rcspectfully represents as follows: I. The above referenced matter was commenced by the tiling of a Writ of Summons on or about September 23, 1994. Thereafter, pursuant to a Rule 10 File Complaint, the Plaintiff filed a Complaint on or about March 19, 1996. with samc being attache.d hereto as Exhibit "A". 2, The Defendant tiled an Answer with New Matter on or about April 24. 1996, with the Plaintiff then filing a Reply to New Matter on or about May 3, 1996. 3, The oral depositions of the Plaintiffs. Margaret Compton and John L. Compton, Jr,. her husband. were taken on June II. 1996. with tOle and correct copies of same being attached hereto as, respectively. Exhibits "8" and "C", 4. The Plaintiffs are bound by the limited ton provisions of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. ~1705. 5. Pa.R.C,P. 1035.2 provides as follows: After the relevant pleadings arc closed, but within such time as not to unreasonably delay trial. any pany may move for summary judgment in whole or in pan a,s a mailer of law btllllltA ~ "'__"''''.'IHIAI IIIIIm'",U ~O" 111~"'Ull W ., . . , , (' " . (" , , " .. NOTICIA Le han demaandado a usted en la corte. Si usted quieie defenderse de estas demand as expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persoa 0 por abogado y archivar en la corte enforma escrita sus defensas 0 sus objections alas demandas en contra de su persona, Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notification y por cualquier queja 0 alivio que es pedido en la petlcion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanted para usted, LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFIClENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAjO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBELAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 " .' / ~ J. j Date: 31,q/~ David W, Knauer Attorney for Plaintiff Attorney I.D. No, 21582 411-A East Main Street Mechanicsburg, PA 17055 (717) 795-7790 .2. ( . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET COMPTON and JOHN L. COMPTON, JR., her husband CIVIL ACTION - LAW Plaintiffs v. No. 94-5441 Civil DEBORAH G. SOLTESZ JURY TRIAL DEMANDED Defendant COMPLAINT 1. The Plaintiff Margaret Compton is an adult individual with an address of R,D. #2, Newport, PA, 2. The Plaintiff John L. Compton, Jr., is an adult individual and spouse of the Plaintiff Margaret Compton with an address of R,D, #2, Newport, PA, 3, The Defendant Deborah G, Soltesz is an adult individual with a lasl known address of 7127 Schroyer Ave" Pittsburgh, PA, 4. At all times relevant herein the Plaintiff Margaret Compton was the operator of a certain 1988 Dodge Ram 350 owned by the co-Plaintiff John L.Compton, Jr. 5, At all times relevant herein, the Defendant was the operator of a certain 1988 Chevrolet Celebrity. 6. On September 25, 1992 at or about 3:00 P,M, the Plaintiff Margaret Compton was lawfully proceeding in a southerly direction on Good Hope Road in Hampden Township, Cumberland County, Pennsylvania, ( . . 7. On the aforesaid date and at the aforesaid time, the Defendant was traveling in a westerly direction on Creekview Road In Hampden Township, Cumberland County, Pennsylvania. 8. At the Intersection of Good Hope Road and Creekvlew Road, traffic traveling on Good Hope Road has the right of way and traffic on Creekview Road has stops signs. 9, The Defendant failed to yield the right of way, entered the aforesaid intersection and struck the Plaintiff's aforesaid vehicle, 10. The aforesaid collision was caused solely by the carelessness, recklessness and negligence of the Defendant in that she failed to: (a) see the Plaintiff's vehicle approaching the intersection; (b) yield the right of way to the Plaintiff; (c) avoid a collision; (d) struck the Plaintiff's vehicle; Ie) was otherwise negligent. 11. As a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff suffered severe and sundry injuries to her person. 12, As a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff has suffered the following elements of damage: (a) past pain and suffering; lb) past medical expenses; .. .2. l. (" I"" .' .. . WHEREFORE. the Plaintiff demands judgment in his favor and against the Defendant In an amount In excess of the amount for mandatory referral to arbitration. Respectfully submitted. Date: 3/'Cj I q ~ DAVID W. KNAUER. P.c. <~.. J LJ- David W. Knauer, Esquire Attorney for Plaintiff Attorney 1.0. No, 21582 411 A East Main Street Mechanicsburg. PA 17055 Telephone No. (717) 795-7790 .. .4. IIIIll1l1tB .. 2 ,', \ 1 INDEX TO TESTIMONY 2 DEPONENT EXAMINATION PAGE 3 Marqaret Compton By Mr, Dorer 3 4 By Mr. Knauer 31 5 6 7 8 9 10 11 12 I 13 \, 14 15 INDEX TO EXHIBITS 16 NO. DESCRIPTION PAGE 17 (NONE.) 18 19 20 21 22 23 24 25 C.P.C.R.S. (717) 258-3657 or (BOO) 863-3657 , . t 10 11 12 .. 3 1 STIPULATION 2 It is hereby stipulated by and between the 3 respective parties that signing, sealing, certification and 4 filing are waived: and that all objections except as to the 5 form of the question are reserved until the time of trial. 6 7 MARGARET COMPTON, called as a witness, being duly 8 sworn, was examined and testified as follows: 9 BY MR. DORER: Q. Would you tell us your full name, please? A. Margaret Bernadette compton. Q. Mrs. Compton, my name is Don Dorer. I represent 13 Deborah Soltesz, the defendant in this action that you 14 brought arising out of a September 25, 1992 accident. Do 15 you understand generally that you are here in the presence 16 of your attorney, Mr. Knauer, to answer my questions with 17 regard to the accident and the claim that you've brought? 18 A, Yes. Q. I'll try to make my questions as understandable as possible. If you do not understand a question, please say so, And I'll try to make the question clearer. Is that all rlght? A. Yes. Q, If I ask a question and I hear a response, I'll 19 20 21 22 23 24 25 ,have to assume you understood the question as given. Is C.P,C.R,S, (17) 258-365'7 or (800) 863-)657 . 4 " t. 1 that acceptable to you? ., 2 A, Yes. 3 Q, If for any reason -. and I don't think this is 4 going to take that long this morning -- if for any reason 5 you need to take a break for personal reasons, you need to 6 take care of your child who's also with you today, or you 7 need to confer with your attorney, just so indicate and 8 we'll give you a chance to do that. Is that all right? 9 10 A. Yes. Q. And as you've already been doing just fine so far, 11 you're articulating your responses. You will need to do 12 that. If for any reason you need to gesture or point to a 13 part of your body to explain an answer, as beet you can 14 remember try to explain what you're gesturing to so she 15 can -. the reporter can take down what you're trying to 16 describe. Is that all right? 17 A. Yes. 18 Q. What is your current residence address? 19 A. RD 2, Box 263F, Newport, Pennsylvania. 20 Q. And what county is that in? 21 A, Perry County. 22 Q. And how long have you resided there? 23 A. 16 years, 24 Q. And was that your residence on the day of this 25 accident? C,P.C.R.S. (7171 258-3657 or (800) 863-3657 " (, 1 0, 2 A. 3 0, 4 A, 5 O. 7 Did you qo on for any further education? No, You became a homemaker at that point? Yes. Have you ever worked outside the home while you've 6 been married? 7 A. 8 0, 9 A. 10 o. 11 12 A, 0, 13 14 A. 15 16 Baby-sittinq, Casual part-time work? Riqht. For neiqhbors maybe? Yes. But no steady employment outside of the home? No. o. And that was true on the day of this accident? A. Yes. 0, What we're tryinq to qet at, in these kinds of 17 cases people often lose work because they were injured in an 18 accident, and that's not the case here. Correct? 19 20 21 22 23 treatment? 24 25 A. Riqht. As far as -- o. As far as waqe losses are concerned? A. Riqht. o. FOllowinq this accident did you receive medical A. Yes. o. When did you first receive medical treatment? C,P.C,R.S. (717) 258-)657 or (800) 863-)657 8 f ' , 1 A. About two hours after the accident, 2 0, . And where did you go? 3 A. Holy Spirit. Hospital. 4 0, And how did you get there? 5 A. My sister drove me. 6 Q. who is your sister? 7 A. Catherine Reed. 8 O. Spell that. 9 A. R-e-e-d. 10 Q. Try to keep your voice up a little because of the 11 air conditioning. And how did she know to come get you? 12 A. well, I had to pick up my kids at 3:00, which is 13 right about the time of the accident. So, a neighbor let us 14 use their house and I called her. I guess I tried my 15 husband and I couldn't find him, and then I tried her, and 16 she ran over and got my children and then came for us. 17 Q. And how many children were passengers in your 18 vehicle? 19 A. Two. 20 Q. Which ones? 21 A. Ethan and Jered, 22 Q. Were they hurt'? 23 A. No. They were frightened. but not injured. 24 Q. They did not receive any medical treatment? 25 A. No. C.i'.C,R.S. (717) 258-)657 or (800) 863-3657 11 ., ( 1 car accident or otherwiee? 2 A. 3 Q. No. I had back pain somewhat with pregnancy, During some of your pr.egnancies you're testifying 4 you had some noticeable back pain? 5 A. 6 Q. Right. Do you recall on how many occasions you had that 7 back pain associated with your various pregnancies? 8 A. No. It wasn't anything out of the ordinary. But 9 it's associated with pregnancy. 10 Q. Did you bring that back pain to any attention of 11 doctors during those occasions related t.o some of your 12 pregnancies? (' 13 14 15 16 A. Q. A. Q. Just in normal visits. Was it all of your pregnancies or some of them? Probably all of them. , When you first saw Dr. Harm at Good Hope Family 17 Physicians what did he do for you? 18 Well, he had given me an exam and I was nursing. A. 19 So, I don't think he gave me much in the way of medicine, 20 maybe some pain medicine. He had recommended heating pad. 21 22 23 Q. Did he recommend anything else? A. They also said therapy, physical therapy. Did you obtain physical therapy after you first Q. 24 saw Dr. Harm? I: 25 A. No. - C.P.C.R.S. (717) 258-3657 or (800) 86)-3657 '. ,. 12 ( 1 Q. Why was that? 2 A, I was too busy with the baby-sittinq and the baby 3 and the kids. drivinq them to school. 4 Q. Do you recall when you next received medical care 5 for back or neck pain associated with this accident? 6 A. I think it was several months, two or three 7 months. I'm not sure how far alonq it was. It qot to where 8 it was worse and worse, and I just couldn't iqnore it any 9 more. 10 Q, 11 therapy? 12 A. . ~ 13 Q. 14 A. 15 Q. 16 A. Did you ultimately beqin receivinq physical Yes, Then I went for the therapy. And where did you qo for the therapy? Silver Sprinqs. Is that the name of it? Where was it? Carlisle. My mother lives in Carlisle. So, 17 that's how I had a baby-sitter. 18 Q. So, on the occasions you went to physical therapy 19 you drove to Carlisle from Newport? 20 A. My children qo to school in Shiremans town , So, I 21 took them to school and then I went to Carlisle. 22 Q. 23 A. 24 Q. 25 1993? And when did you beqin this physical therapy? I'm not sure of an exact date. Do you recall if it could have been late winter of C.P.C,R.S_ (717) 258.3657 or (8001 863,3657 ( 1 A. 2 Q. 13 Yes, it could have been. Do you recall how frequently you went for physical 3 therapy in late winter or spring of 1993? 4 A, 5 Q. 6 A. 7 Q. 8 A. 9 At least twice a week. How long did you go for physical therapy? Till the children got out of school. In the spring? Till June. MR. KNAUER: We'll stipulate as to dates and 10 times, whatever is in the medical records. 11 MR. DORER: I'm not trying to trick her or 12 anything. I'm just trying to see what she recalls from the 13 chronology which I am allowed to do obviously. The records 14 speak for themselves. I understand that. 15 BY MR. DORER: 16 Q. I'm sorry. Evidently you stopped physical therapy 17 in June of 1993. Why was that again? 18 19 20 sununer? 21 A. Because the children were out of school. 22 our area, but their timing, I just couldn't get in when they Q. Did you look into any alternative treatment that A, Well, before that I had called the therapist up in 23 had openings. And the one I don't even think had any. 24 Shermansdale and Newport, they're very small. So, as far as 25 anything close to home, it didn't work out. C.P.C.R.S, (717) 258- 3657 or (800) 863 - 3657 ( 1 3 4 5 6 7 8 9 10 11 12 i 13 . 14 15 16 17 18 19 20 21 22 23 24 25 . , 14 Q. What sort of activities did you do with the 2 children that summer that prevented you from receiving treatment? A. Just beinq with them, With eight kids it's busy. Q. Is that the last occasion you received physical therapy? A. Yes. Q. Did you receive any further treatment or medical contact after you completed physical therapy in June of 1993? A. I went back to the family doctors. Q, when was that? A. I'm not sure of an exact date. And then I think they sent me to an orthopedic specialist. Q. Do you recall that referral to an orthopedic specialist as taking place nearly a year after you completed physical therapy? A. It could have been. My back just qot really, really bad again. It went from being pain to being intolerable. Q. Did you derive any improvement or benefit from the three month course of physical therapy in Carlisle? A. Yes, I did, Q. Could you describe to me how you benefited? A. Well, I could barely move my neck after the C.P.C.R,S. (717) 258-)657 or (800) 863-3657 15 (' 1 accident at all. To turn at all I had to turn my whole 2 body. I was walkinq around like this (indiGatinq) because 3 of the -- holdinq my shoulders up to protect my neck, and 4 hadn't really realized I was doinq that. And so, my neck 5 qot better, My back qot a little bit better, but it seems 6 like more an internal type of a pain. It helped somewhat, 7 but not like the neck. The neck improved a qood bit, but 8 the back improved a little bit. 9 Q. Now, you saw an orthopedic specialist. Do you recall his name? /1.,emf ,( ~\c ~" ( " ...~ I , 10 11 12 A. Yucha, Dr. Yucha. Q. ~, 13 A. 14 15 16 Q. A. Q. 17 A. When did you see him approximately? I'm not really sure. How many times had you seen Dr. Yucha? Once or twice. Do you recall the last time you saw him? It was riqht in that time frame. I don't really 18 know when it was. 19 20 21 Q. Do you recall seeinq him after 1994? A. I don't believe, 22 recommendations he made to you? Q. Do you recall what he did for you or what 23 A. They had said muscle relaxants and the heatinq pad 24 aqain. And they always say you can qo back for more 25 therapy, but that's too time consuminq for my schedule ~ C.P.C.R.S, (717) 258-)657 or (800) 86)-)657 ( 1 Q. 2 A, 3 Q. 4 entirely. 5 A. 6 Q. 7 A. 8 18 The possibility -. Possibility, yes, It's possible. What I'm tryinq to qet at, it's not been. ruled out No. It's under discussion? Riqht. (Discussion held off the record,) 9 BY MR. DORER: 10 Q. While we were off the record I was in~Jirin9 into 11 the subject of medical bills, and you indicated you were 12 sUbmittinq bills to Allstate on Plank Drive. Is that 13 correct? 14 A, Tha t' s right. 15 Q. Do you have a claim number available to you? 16 A. Not with me at this time. t have it at home. 17 MR. DORER: Do you have it, Mr, Knauer? 18 MR. KNAUER: I'm not sure tha t I do, John, but if 19 they don't have it we'll get it over to you. 20 BY MR. DORER: 21 Q. 22 Compton? 23 24 A. Q. Will you give that to your attorney then, Mrs, Yes. Other than Holy Spirit Hospital, Good Hope Family 25 Physicians, Alexander Spring Rehab, Dr. Bucher, and Dr, C.P.C.R,S. (717) 258-3657 or (800) 863-3657 19 ( 1 Yucha, have you seen any other doctors with regard to this 2 accident? 3 A. No. 4 Q. Can you give me examples of activities, your daily 5 activities, household activities, caring for children, that 6 have been impaired or precluded because of your injuries 7 since the time of the accident? 8 A. Well, anything with lifting for starters causes 9 pain. Sometimes it isn't immediate. I'll pay for it a day 10 or two later, and depending on what it is it can last. 11 Sometimes it just lasts for a long time. And it was 12 something that I didn't think should have caused pain, And 13 driving is the main, one of my main problems with the whole 14 thing. Where our children go to school it's 50 minutes one 15 way. So, we were to the point where we were debating . 16 whether to take them out of school there or what to do with 17 them because the driving is pretty tough. It's pretty time 18 consuming anyway, but to have pain and to have it cause 19 pain, to have it get worse all the time, it's really bad. 20 But it causes pain in my back, 21 And then just having to move one way or the other 22 way. For the first year it was - - well, up until the 23 therapy was over it was really bad, but after that it 24 improved some, Now, I still have neck pain. I'm not able 25 to dive off a diving board. I can do it occasionally, but C.P.C.R.S. (717) 258-)657 or (800) 86)-)657 r_,,~.. t~,.,,,,,, ~ , f r. , ( I fl." , Ar, ) . ",.\, 21 ( 1 2 3 4 Q. Hershey? A, Yes, Q, Which ones do you qo on? well, I stay away from anythinq .- Sooper Dooper A. 5 Looper and all that, they're way out. So, just most of the 6 rides, but not the roller coaster types. That causes pain. 7 Q. You Ciiln do that? 8 A. No, I don't. I can't. So, and then there's 9 household thinqs too. vacuuming and then liftinq. And I 10 anticipate when the baby gets bigger that I'll have problems 11 carrying the baby, lifting the baby. It will cause 12 problems. 13 14 Q. Why are the kids 50 minutes away from school? A. Well, they go to Christian school, and the 15 Christian schools we have in Perry County just go up to 16 eighth grade. They don't have high school, at least not 17 much of one. 18 Q, But despite your discussions concerning them, they 19 did stay in the Christian school in Cumberland County? 20 A. Right, 21 Q. And I'm getting the impression that you are 22 gettinq your household chores done, but it causes additional 23 pain. 24 A, Right, 25 Q. And the same is true with lifting of objects? C.P.C.R,S. (717) 258-)657 or (800) 863-3657 " I 1 A. '. 22 Well, I have older children. So, when ever 2 there's somethinq that needs lifted, I usually -. I try to 3 limit lifting, 4 Q, 5 A. 6 Q. But you can if you have to? Well, I pay for it if I have to. Have you had to hire any help or qet any 7 baby-sitters to help you with kids because of your injuries? 8 A. As far as going to doctors and therapy and so 9 forth like that, the first week I was on the couch. I 10 couldn't get up, I had help then. And after that I had 11 some help, friends coming in, I have older children, and 12 more responsibility falls on them, fell on them. 13 Q. Do you think you would have put more 14 responsibility on them anyway as they qot older? 15 A, To a point, but not because I am layinq on the 16 couch because I can't move, 17 18 A. 19 20 Q. That's not the case thouqh anymore. Is it? No. No. Q. And that basically has not been true since 1983? A. Right. But as far as lifting much, I qet somebody 21 else to do it. 22 23 24 25 Q. How big a yard do you have? A. An acre. Q. Do you have to mow? A. No. C.P.C.R.S. (717) 25B'3657 or (BOO) B63-3657 23 ( 1 Q. who mows the yard? .' 2 A. The oldest boy usually and dad, 3 Q. Did you mow it in the past? 4 A. No, 5 Q. Is there any outdoor work that you normally did 6 that you can't do now? 7 A. Well, any kind of bending over, weeding and so 8 forth, I usually do it, but it causes pain, Most of the 9 outdoor work falls on the older kids. 10 How would you compare your complaints of pain Q. 11 currently to how it felt after the accident? what kind of 12 changes have there been in the last three or four years? l Well, as far as immediately after the accident, I 13 A. 14 couldn't move for a week. But it's improved but it hasn't 15 gone away. It comes and goes. Sometimes it gets really.bad 16 to where it's .- it's like what am I going to do about 17 this. Where am I going to go now. The doctors have pretty 18 much said it's chronic, you're just going to keep having it 19 and pretty much live with it, muscle relaxants. There isn't 20 much that they say to do other than try not to lift and stay 21 off your feet more and use the heating pad and 22 Have any of your relations or activities with your Q. 23 ,kids been affected because of the injuries? 24 I was very active with them, So, bicycle riding A. 25 is very hard because it's right on the area of the sore, and C,P,C,R.S. (717) 258-1657 or (800) 863-3657 , '-1'.,:' \' I' t'T(\" .1.'1, I I I' 'I ~ \ 1 \, I ' (1'\./1,',\ " '..... C "1\. ,.,l" ..." ~,~J.......~ (olu.'", <'I I ,.\ f,II, "J \"."\ (.J)' (. '. 24 1 any kind of the more active type thinQs. 2 Q. 3 4 A, Q. Do you bike at all with them? Now, not much. I've been pregnant. what sort of activities did you engage in while 5 you were pregnant? Were you able to do anything? 6 A. 7 Q. 8 A. 9 Q. 10 11 A. Q. I have to slow down when I'm pregnant so Which is true whether you're hurt or not? Right, Take any medications currently? No. And are you under any formal medical restrictions 12 as far as activities are concerned? i \ A. 13 14 Q. 15 A. 16 17 18 19 20 21 postpartum restrictions from having the baby. Not on any pain medications? No. Q, Do you \lse any .- A. I'm nursing the baby so Q. Do you use any supports or braces? A. During my pregnancy I have to, had to. Q. What did you wear? A. A back support type thing, girdle type thing, to 22 support the back. 23 24 25 Q. Did you wear that in prior pregnancies? A. Just the twin pregnancy. Q. Which was back in 1985? C.P.C.R.S. (717) 258-3657 or (800) 863-3657 \ 1 A. 2 o. 3 4 A. 0, 5 A. 6 o. 27 Yes. what kind of car was Miss Soltesz driving? I don't know. I just noticed it was a newer car. She was entering from which direction? She was on my left. I don't know. Where were you in relation to the intersection 7 when you first noticed that she was pulling out from the 8 stop sign? 9 A. 10 o. 11 A. I m\ls t have been in it. And did you say you increased your speed? Slightly. I tried to get away from her. I 12 thought I might have made it, but she just got me there. , \ 13 14 o. Do you know what you increased your speed to? A. No. It was a matter of seconds. So, it couldn't 15 have been much. 16 17 . Would it have brought you above the speed limit? 0, A. I doubt it. It was pouring down rain. So, I 18 wasn't going super fast. 19 O. What part of her vehicle struck what part of your 20 vehicle? 21 A. J:'m not really sure about her car. I really 22 didn't get a look at it. I would imagine the front end 23 somewhere, and it struck my left rear panel. 24 25 o. And how did your car end up in the other lane? A. Once she hit me I had no control. C,P,C,R.S, (717) 258-3657 or (800) 863-3657 ( 1 A. 2 0, 3 A, 4 Pike. 5 O. 6 office? 7 A. 30 That's my impression. Do you know where Miss Soltesz's hearing was? Over behind the Chinese joint over on the Carlisle Would that have been District Justice Farner's probably. Do you know if anyone recorded that proceeding in 9 any fashion? 10 \ '.' 8 o. I have no idea. Did you A. She had a lawyer there, I don't know, A. 11 12 o. o. Did you testify? 13 14 15 16 A. Yes. o. And who else testified at that hearing? A. I believe she did, and maybe the police officer. 17 I'm not sure. 18 19 time? 20 21 o. Do you recall Miss Soltesz's testimony at that A. Yes, a little bit of it. o. What do you recall as being her testimony from 22 what you can recall? 23 That she hadn't intentionally done anything. She A, 24 hadn't intentionally tried to hit me. 25 o. That's what you remember, that it wasn't C,".C,R.S. (717) 258-3657 or (800) 863-3657 32 (. 1 everythinq, So, I had no restrictions at all, no problems 2 from anythinq. So. until the accident. 3 4 5 6 MR, KNAUER: No further questions. (Whereupon, the deposition was concluded at 11:17 a,m.) 7 8 9 10 11 12 ( 13 14 15 16 17 18 19 20 21 22 23 24 25 c,P.c.rt,S. (717) 258-3657 or (800) 863-3657 33 ,., , , ~ 1 COMMONWE.\LTH OF PENNSYLVANIA 5 6 7 8 9 10 11 12 i I. 13 14 15 16 17 18 19 20 21 22 23 24 25 55. 2 COUNTY OF CUMBERLAND 3 4 I, STACEY L. DAYWALT, a Court Reporter-Notary Public authorized to administer oaths and take depositions in the trial of causes, and having an office in Carlisle. pennsylvania. do hereby certify that the foregoinq is the testimony of MARGARET COMPTON. I further certify that before the taking of said deposition the witness was duly sworn; that the questions and answers were taken down in stenotype by the said Reporter-Notary, approved and agreed to. and afterwards reduced to computer printout under the direction of said Ret;lOrter. I further certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the within deposition, and that this copy is a correct transcript of the same. In testimony whereof, I have hereunto subscribed my hand this 28th day of June, 1996. NOTARIAL SEAL rACfV L OAYWAL T. Nowy Puollc ChambeotOUrg. F,lI1kll" County :4.'~.~~~~E.pi'81S.Pt. 21, 1999 S\~ G"j L~j~Ja1J- Notary Pub c My Commission Expires September 27, 1999. C.P.C,R.S. (717) 258-3657 or (800) 863-3657 .,,"..".'1',....',"'.'1' 11'" .''.1'''11 @ lalllllllC 2 ( :, 1 INDEX TO TESTIMONY 2 DEPONENT EXAMINATION PAGB 3 John compton, Jr. By Mr. Dorer 3 4 5 6 7 8 9 10 11 12 " r 13 14 15 INDEX TO EXHIBITS 16 NO. DISCRI PTJ,ON PAGB 17 (NOtlE. ) 18 19 20 21 22 23 24 , i 25 C.P.C.R.S. (717) 258-)657 or (800) 863-)657 c. ' 1 2 3 4 5 6 7 8 9 10 11 12 3 STIPULATION It is hereby stipulated by and between the respective parties that siqninq, sealinq, certification and filinq are waived; and that all objections except as to the form of the question are reserved until the time of trial. JOHN COMPTON, JR., called as a witness, beinq duly sworn, was examined and testified as follows: BY MR. DORER: Q. State your name, sir. A. John Compton, Jr. Q. And Mr. Compton, did you hear me ask questions of ( \'.:' 13 your wife in a deposi tion set tinq? , , 14 A. Yes. 15 And did you hear the beqinninq qround rules an~ Q. 16 instructions? 23 A. Q. A. Q. A. Q. 1975 ? A. Q. where do you work. Mr. Compton? 17 Yes. 19 Yes. 24 Yes. 25 C.P.C.R.S. (717) 258,)657 or (800) 86)')657 '- 5 6 7 8 9 10 11 12 . 13 14 15 16 17 18 19 20 21 22 23 24 25 9 1 COMMONWEALTH OF PENNSYLVANIA ) ) 2 COUNTY OF CUMBERLAND ) ss. 3 4 I. STACEY L. DAYWALT, a Court Reporter-Notary Public authorized to administer oaths and take depositions in the trial of causes. and havinq an office in carlisle. pennsylvania. do hereby certify that the foreqoinq is the testimony of JOHN COMPTON, JR. I further certify that before the takinq of said deposition the witness was duly sworn; that the questions and answers were taken down in stenotype by the said Reporter-Notary. approved and aqreed to. and afterwards reduced to computer pri.ntout under the direction of said Reporter. I further certify that the proceedinqs and evidence are contained fully and ac~urately in the notes taken by me on the within deposition. and that this copy is a correct transcript of the same. In testimony whereof. I have hereunto subscribed my hand this 28th day of June. 1996. NOTARIAL SEAL STACEY L. OAVWAL T, NoIaIy Public Chl",betsburg. F,ankll" County My Com""UI"" e,p"'" S.pt 27. 1999 NO~~~ L~\-)~, My Commission Expires September 27. 1999. C.P.C.R.S. (717) 258-)657 or (800) 863-)657 95.120 . '. . . LAW OFFICES OF DONALD R. DORER 3907 lIartzdale Drive, Suite 706 Camp 1111I, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Deborah G. Soltesz MAR(jARET COMPTON AND JOliN L. COMPTON, JR.,IIER IIUSBANIl, PLAINTIFFS IN TilE COllRT OF COMMON PLEAS CIII\IHERLANIl COUNTY, PENNSVLVANIA No. 94.5441 CIVIL VS. DEBORAH G. SOLTESZ, DEFENIlANT CIVIL ACTION - L.AW JURV TRIAL DEI\IANIlEIl CERTIFICATE OF SERVICE - - Donald R. Dorer. Esquire. hereby certifies that he is the attorney for the Defendant herein. and that he caused a true and correct copy of the attached Defendant's Motion for Partial Summary Judl:ment to be served by regular first class mail upon: David W. Knauer. Esquire 411-A East Main Street Mechanicsburg, PA 17055 Date: AUIU!t 23. 1996 nald R. Dorer. ESquire Attorney for Defendant. Deborah Solte!z AI"'" ,., ~; .... (;~ c ~, l.~ l .. .::1 !-.... ~( .. . "I t}_. ..' ..:_~; . '-[ t I,::"J ;... ~~., I_~) I!) 'I .,. .-l 1_;'" ,. . t i1 (,~ ~. .' r- ::, Iu.. I' '0 . ~) Q <" '--> .. . . ... . , . . ;! = ~~ e~~~~~~..~' ~=-:S~.l;:JR c'F'=_p: i:J ;;l='I~=t;-- ~ ,.-. .. .. ::5 ~i ~-~Q ~lIi ~ ...e J In I III I 0 ..r0- e . 41... I =~ II 0'41 41 0 &llJ .. N .11 .,. ~ .. VloC , ... ~ - ~ - llo , .,. J to< = II > d - 41'" -0 .,. ... ::l ~ C\Q'I CJ .,. III ~ ro- > a"ll~ N ... . .,. ClO I .. Co:) CJ 1/I1/11t1 III I , ,; I! . ~ y Q'I ... , ] :a .,. ro- N I , = . I , .. 'CoC~- I Q'I .,. I r0- o I I >...~... Q , ,1 ~... ro- . I ..1:- ... I I SHERIFF'S RETURN COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND In the Court of Common Pleas of Cumberland County, Pennsy1vnaia No. 94-5441 Civil Term ,~ Margaret compton and John L. Compton, Jr. her husband Summons in Civil Action Law VS Deborah G. Soltesz R. THOMAS KLINE, Sheriff, who being duly sworn according to law, says, that he made diligent search and inql.iry for ~he within named defendant, to wit! Deborah G. Solteez but was unable to locate her in his bailiwick. He therefore deputized the sheriff of Allegheny CClunty. Pennsylvania, to serve the within Summons in Civil Action Law On October 31, 1994 , this office was in receipt of the attached return from Allegheny County, Pennsylvania. Sheriff's Costs. Docketing Out of County Surcharge Allegheny County So answers. 14 .00 5..00 2.00 24.75 R. $ 45.75 pd. by atty and subscribed to before me 10-31-94 1<.:;.1 ~/'./ /. <)J THOMAS KLINE, Sheriff Sw,:>rn this tj!-. 'l day of'Ykv.<",_tL.~ 1 9 1 '( . A . D . ('t,.. t---. 0, Ikd(___ U..:r..l ~ j ,"'" Prothonotary AlLEGHENY COUNTY SHERIFF'S DEPARTMENT ROOM 111 . COURTHOUSE /} PITJllBURGH, PA 16219 ( ) / / f,hone: 36514700 '''''''' '1 & GIJ. L t:I-"'" , '/l:J. 'N1J -jzIH DEFT f.itll.t\./}~~ , . ,~ LIt <J?j' ADD. DEFT,.~__~._______._____. ' - ADD. DEFT,_.___________..._.__.__._. ........ ..n~..n ---.. C~ 1 ~~~~~~~E~/td. =;-=___2/!.tE{itl__li~I~?.~:- ~~~~CI~~'~;".~- ARDI~I~~~~;;-"_~ll:d:l:Jt.~d..I( ... 'n . DATE:.._ _.____._.._____ .19.~ ArT'v: PHONE:. ..n...._ ... , IUGENI L,COON Ill,orl" JOHN M. McNAMARA Chi., Depuly c( ~/- ...~'YV / ~~~~~~S/PRAZ~~6~?-~ }';;~OMPLAINT ONL V I I NOTICE AND COMPl.AINT I I REVIVAUSCI FA I I INTERROGATORIES I : EXECUTION. LEVV I I GARNISHEE YfOTHER .... -- eft 11cla (tlt-~ t"."" ._ ... n _.... L ......~1~.__.._.....__._ lu~( Now,..___. ______n+ INDICATE TYPE OF SERVICE: Ll PERSONAL II PERSON IN CHARGE I J DEPUTIZE I . CERT. MAIL! , POSTED I i OTH.R I ! I.EVY ! 1 SEIZED & STORE _____19_.... I, SHERIFF OF ALLEGHENY COUNTY, PA do hereby doputlle the Sho"lI 01 County to 8>cecute this Writ and mako relurn thereof according to law. NOTI: ONLY APPLICABLE OM WAIT Of EXECUTION: N... WAIVER 0' WATCHMAN. Any dl!l~uly therl" IIt"ylng upon or .URchlng IIny property unellr Within w/it m''I I..v, limo without. wltchmln, in cUltody 0' whomWlr 1..lound III polJu..ion, I"or nohl'jlng pereon of I~y Ot 8lhlchmlnt, With outlllbilily on Ih, plrt 01 luch dt.'puty herein lor Iny lOlli, deltrucllon or remO'llel or Iny Iuc:h property bllorlt ,h,nll's 8t1le thereo' SeizQ, levy, advertise and 5011 all the personal property ollhe dofondant on the premises located at: __n_______n...__. ..-. MAKE MODEL MOTOR NUMBER SERIAL NUMBER LICENSE NUMBER SHERIFF'S OFFICE USE ONL V ~:"bV~~-RTIF~-I~;~ETURN Ihll o\t'~'- dlV or__--:..;j;.:___._m-::. _-.Ir~:-:-T=~--==--~=~. --~~,{~~ _________ -{ ~_ o'clock, A M ~_~~.lIIAddreu Bell)W, County or Adeoheny, P,nnlylvanla ""l \.1 I h'7~: ~eN:~~I(~~ep::;::I~y~e::~d be~W:_______~__-.__~___m_[.___ ~--I~----:-\ 1:,----- fl'- \ ( )t ~" '~1 1 I .' .K . '1 l' I ~ ~ \ I. dUlt femllY member with whom llid De'endantll) residl(lI), Name & Relatlon8hip____.-.L:.._~_____~ ..' r II J ___ LJ Adult In choroe 01 Defel\danl', ""Idente who r,ruUld to give name or relationship. r J Manager/Clerk 01 place or lodgl"g in which eerend.ntte) rUldlt(l) ___n_~__~__~_________"___'_ I: Agent or pftr$on in ehetge or Oefendllnl(G) ollce or u8ultl pll1Ce 01 bulllneu_._.____. _ ________.._ (lOlh.r_._________ ____..__ . .____~_______..__ 1.1 Prope1y PoeteLJ__________.__._ _ _______ ___.______ ____.________~_______..____ ..__.u. _ ....- _ _.- --__...___._.._._.__________ Oafelldlll\t 1\01 round beclullt: [ ] Movl:td I] Unknown L] No Al\lMer 1.1 Vacllnt [-j Olh.r________ .. ___..______ Cl!r1lfjed Mall U R'tCelpt_~_ __ [1 Envelope Relurnod__.__ n Neither Aet;:elpl or IJllvalllpa returned; wnt tllpired___._._ 1-' Aeguiltr MIIII WhY:__.n.. ___________________..___.___________~________ __ _ ___.__ ___.______u.__ You are hereby notified that on .__________. 19_...._._, levy was made In the case of.. Sale has bflen for..-yJn;o;-.-L----.-------. .-, 19____ -, at . '''_n. o'clock A~OSIP'1ii.,},a...1 (' ~ 7-'- I I (, ATTEMP1jl_ i 1L-- .:._".1____.___...1...____ .__ ._..J.. -.- - . ~ ',-).. Notar\tll S8al SMIB Fl. 0 "",",,, NoIaIy NlIIc ~~YCoo'11y '/MI. . o Ju"e '7, ''Mo . Sho"ll ~......",....~\ot_ E1:r111~'7;N. Sheriff Deputy District ~/ ~ Pink Copy. Aflorno'l (. \'., ..ILl I , l(1 , '. , , l(1 , , 0 , C> , - -IoJr- , Ef 'iIJ'" , , C: . !:: tl'iIJ , , ~~ Ze>: 0 (Il >< , , <'" N .S ''''; C1l-iJ , I (J1 -!oJ rJ] < , "', Z . C1l U 10. , ~ , i'i' '~I OZ E-< < >< !:: , ..0 ~ o-l I iIJ '''; '0 :E .,.;' ~ E-<. 0 ,..., ::l III 01<11 :B u' ~~ (J1 ''';1 IllX><r- "" ,W >, !:: ::lr- ~, .< UO . .~ I, lo:-!oJ,o , eo , I U '" U' (Il (Ill(1 l(1 , .,., ...' 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REPORTAIILf POLICE ACCIDENT REPORT _..,....;,r..vAI'f,.; II CARIlE R AOORE 55 III CITY. STATE 111PCOOE NC . 10 USOOT i 74 QVWR ~H l\'Y'cCH IG n RELEAotI OF..1lAl M!!. I " NO 01 ~...P N ~UI AlQ.fS _ (iCi)REFIR TO C74FU~ It&n . ',- " POUCIlIFORIIAnOH IS J-'i'J. I. IUoIlER UOI:NCY HAW 3. S!~~~_ '0 PATROl PRECINCT I ZONE :...... ~Jt),....,;:, 1h<../l,.,Jr~J =R p- I, IAIlGE NlMIE R /S'u~J,rJ Ha""J:lci,." r<)W.~~~II-"" rC/tCe 7,::e:......'"'" 9.JS-n. II. TN ACaOIHT INPORllAT1ON I'MTE (;, 'J'i'--t.~ '0. DA~Of WEJPr; J~ V It.ri,,~OF 1'f~-7 lor; 12~~RS ,j' I '3.'~"LE~ ,uH.I\IRED .&PRIVPROP. n ...." U ',J, ACCDENT ~ N I~' II. DID VfHlCl.E HAVE TO BE REMOVED , 7 ViHlCl.E DAMAGE FROM THE SCENE 7 0 . NONE UNIT I UNrr 1 UNrr 2 I. lIGHT yON ~ ~!:81 NO ::~:TE II. 0 ~ II. PIiNNOOT loIA Tli RIALS ~ N ll!I PAOPE RTY . '';;j;.. ,'J, " '.' UIU1' .1' "~''''''. 1 . 31~~D~H:J~3T~~E /lSytS/(" 31. PATITlE OR , ..... 1 atfT.oI lM'Mt \.... '-Ie. r/.; .., ., ~ ~ .o.~" _ I"J"J,J J. S .;/17Isz 01. (MINE" . . ADDRESS "'/,[1 )"-/,,,.,,,/, IJ",,,roue ol2. ClfT, STA,. r . . IZ1PCODE 'Jr-r:,..-''''''J, 7(1 IS'.J./;<, .:J YEAR /fi'r I" MAKE.! C" "",r... , ~, 4. MOOEl . INOT BODY TYPEI C' <"1..1- r ,...", ["l800~ "'" roe llPECIAL 0 ......TYPE vv ~U!,AGE ~!50llNlTlAL IMPACT I' [!I' NEHICl.E '-' POfNT ,.... r---'STATUS ~HIClE I ~'PAIViR I III R . NUMBER ~ ~ t..,,, r:-t:J III. ORNER NAME 58. DRIVER ADDRESS 100 CITY. STAT( ,,_ '__ . IZIPCOOE r,.,."""" II' 15"..2J, 1'.50 t:: 112. DAlt OF 09-'1-7' LCI PHONE . I~ ""'" l"/~l~'f.:.li"f(,;) .. COIoal ViH.. R C IlII DANE R ~C1 N.... ClASS I 55' rTCA_R OJ UNrr2 W ~ONI5<J .' r ST~~ r~1:!i:1 NO UNlCo .lliEHICl.E JOMERSHIP .J.. . !i2]TPJoIlEl C ..- 0..; ""SPEED .. I I MDRlVER I r' St~Jl 7:'~;"....."':.JJ1 G. S~/re:;": 7/~? ';~j,:""~r ,4v~"""e .~R AOOAE 55 . QTT, STAT( IZlPCODE 111 USOOT' ICe . 1~cx:.1Q I" NO Cll' AlIlIS ..... C\.el) ~ROO VTYPE 11 AADOulS ...It....lS S05?7f; NON RE PORTABlE 0 PI...,.,' UOl ONLV ACCIDENT LOCATION ~ 21. W'lICIP'lrry , coPi ~ j1..?~"d.." ;-O,"....~hl~ /0.. PRINCIPAL ROADWAY INFORMA TION :!O COUNTY .:: v,..,h'~r:"",.J C 1t!','lc V"'W p.. ."J (20.)TYPE 0 (2&.J""CUS I I'-"HlGHWA~ I'-"CONTROl INTERSECTING ROAD: :Ill ~~:T~ G"""J HG"''' tleaJ 27 SPEED (:Ill.)npE I~.~~~ liMIT ~ :,- I'-"HlGHWA~ 0 I '-"CONTROl IF NOT A T INTERSECTION: . I 30 CROSS STREET OR SEQMENT loIARI<ER 3' DIRECTION 132. DISTANCE FRClMsrrE N 5 E W FROMSrrE 33 OIST ANCE WAS FT MI. o INTE RSECTlNG [9] MEASURED D @ TRAFFIC CONTROl OEVICE ESTNAltD PRINCIPAl [I] ~~TRUCTION r;;:l ZONE ~ UNIT' 2 .: .:~~. 31 LEG'll ~ y N 131. REG 2 / . . PARI<ED' rllQl PlATE Y I( 1,;., 38 PA TITlE OR . OtRerSrAT[Vrj .lfJ,,)-Sd' 7J 7C(..:1 .a. OWNER .J: /?n L, 6..r>~;erl Jr 41. OWNER AOORiSS ICc.oJ c.It' .:2(,)':- '2.~'~~E N....,"'~..:- T/l /7C7~ 003 YEAR 14f/'. I'" MAKE I .. 7::~.J~ o~ MOQElINOT... , _.J BOD~ TYPE, r_<J"',):' '-' i~~~ s - II ~PEclAL ~ TYPE .., '-" USAGE '-' r!\o]IPOl~rrNTIAL IMPACT 7 ~, )<EHIClE i\J, ~5TATUS rl53MHICLE J ~~~.':...-. I 5e DRIVER NUaeER It~C.}7}1 5e ORNER NAME 51 DAIVE R ADORE 55 eo CITY. STATE I Zf>COOE N'"", 1'. r"" rA II SEX;: 112 MTE 01' I I .-. ~- 'i-);-7 ... C<Mol VlHV ,..", ORIVER ~ CI N l:!l"1 ClASS I 551 11 CARRIER rs~n r INyS rsr ~ 0 UN< 0 ~~~~HIP ~ r~2)TRAVEl 4-> r--'SPliED I J I I l"".P"IVER I ~7 STA) i 1 III c (r'O'j'.l"~"" ~....~:C," t:~ -.J. r::L' ~~oJ"I"=" 17:...7''( 13 PHOfjE-' I . ":'/"YJ - .t':;:c ICC . NC. JrRGO Il"'~~ 1 - loIAT"I~S "74 GVWA P- .'__..:.,;: .l n ~L~NOIn~ift CU'Tll'1 FOil HICJHWA'" ~.... .. - -----"..__..- -~. 1;..I"!.;~j.." ,..,. ..., ",,,, INCIDENT ,: 1'-,' .' -/~ I 71 RESPONDING EMS AGENCY .,f'Y't"'1':"II'I,ltJ 7& MEDICAL FACUTY rl.'JI~ ...,' ~ jJC" rol' CO,.." >-'lil ,.,1 ACCIDENT DATE: <f'~~<?~ ~~OPLI INPORMATION ADDRESS H I J K L iii BCDEF G NAME I I F ,JO J I '-I Df' 'Y';'" r ',Jilt"" -I 0 0 G l, 0 0 , I F .is' I I 'I C"'''r.,Ttf t.,..,r".:). 1/ 'I I( ~ 0 'f , .J ? '" .:2 'I I '1 EIh",., u".,~71:l" ~(;' ~ tLJl21.)-F N~""'L'.."r- :rA 0 0 0 II C- o ., ~ m I '" I "1 ' )('r~J U:.mL'rtJl'I ','J '''t' "J t1 ;''',.,...J(; C 0 0 A C 0 - .3 I F .s-o 3 ,;). 'f cJ "'.,0..../7':; r "."" I#. J J ~ '1 c C; I ~ILLUMINATION [}] ~THER []] lie DIAGRAM 68 ~ @ROADSURFACE m "- ... PENNSYLVANIA SCHOOl Ol5TRICT <J ...... ~f/c..~. (IF APPI.ICABlE) .... ....GJ'.€J'. .." ,.. /JIA M' If"' ~- ". . , U. OiSCRIPTION AOl'IiRTJ :., ".- - t:J".J.L'" rr..r,"" 1.1./1 J ,.."",..,;. d;."Ul"~ - - : : .- V .:-C "'j' ;~I (;. " "....... ". . . . . . . ....".. . . . ~ ..... .OWN:R .s I ~ IO'd~'" 6V<.C rlMS:il!o:l41:l i;;' AClOIESS Ie, /'-" . ~ ~? I' - ...-.! H. A,. "., 'o:c. " . .OJ. .. ~j -t . : 11' ~cJ.u~' (. ....Hl 7'/; ..t ",,-! .. ,-', IJcr ctl'flil,ilili: . , . . . . PHONIi V 11c..S-S- V: 7'0 S c.:A 11. NARRATIVE.IDiNTIfY .;:';'N,;o~T1HQ EV~~ ~~ATIOH FIoCTOIl_~ .llF IHV~~, WlTNlSIIITATllIlHTI. 10_._ IlnAllo. UKI INSURAHC I' RMIoTlON AN AlIOH '" TOWI" WHILe" II KH W . Uf',r- I ....,..J ;r.3\,/t:",'"n ""(.~~, CM.II Cf{!c.J,;vlr"W R,J Il'lr~""lJ,,,,,.. ~. f"~,\. -rn., ,,,..,.,. t1O.77 ^" UfllT · .:l u>.,,, -;-"", >4,-,>, ~. I. ,"), .. &ex:; He",,, N v J".r'" ] \A.lv-{ -:-'(I./r-'II~~' ~ 'r.'" , (,..".e<< rlc,... '1.'J U....T ./ ;, ;? .M,~J 4, .J~~ t~~ . "J" ~ - I".I,,~ "'l: ,*,I~(...J -n, U"" r ...:! un:.J " VII,.J oJ , 'JL'';" {.In,;) ,) "IJ...(~' 'h... I~i--r t'(!".;J( ,""r..,."r Jf. /,"l r4.J. (.Ii . ",r ... .J WJ~",r 1),....,...~ j, 7),... 1,.,j"";.rJ-=-~n.."" V T),.. ,? .... ,"I:' ~ ,-",,7' "0 /. - "....:.,,-:-,-/ ,~' .1)" ".1.,,1_ ......J.,.,,:, '"~ " .J"'.....' ..,C - .. .,.? ;')o~ I'I'?'->'.. .~.I /~J f", . }I") .....j ~ 0'".,.,1.4 -' f)>.., ",1~ ....n' _~ 'f,..l~ , ( I.' ,,. ..J -.;4...... n:. r.....,..-;-.,(T :'.J,'-'" :../ .1arrJ'.J/... fl... r,-, ~ ,~ I"'..',~,..." N" )Idt'* ,f' 7>>. ~....,..,r- ,./- ",,,,7' . J JI' . v , , , .......J .,,: lei" t'"" ,J H-~.. ,...J c,. ~,., "mJ.,c,,.~,..,(.,,,r- u,.,r. 1 <_d'~ 71. ,-,r f-;J c..., ,-..) ."'I:.....,J.,c':'" ~/1'l L. ""'.:.Ill", n.. ". T "'.;2 ;".,-/..", ,k....." ~ ((..,.....,,'~ 7...... J 7),,,. ...../~.r j,,,,,,J a< .al i~/, ",,,,J un',"" ""....'~< . INSURANCE COMPANY INSURANCE IT.OMPANY /! NFORMA TlON N,;;,?'i(.II....,...Je NFORMA TION // sr",""" t'l'Ij...r>:Jn(e G~, UNI T P~Y 5:11f1,.:/I ':'1)' UNIT POlICY 0[;/01 .:J.l SO , , NO NAME AOOAE 55 ~..~."n"- - ..'" '10~O ~.,.)S;:;, ... /../nd,) "'-"""'-'ih (;. ]/ N"", f?lco,,,,r-,,,,,:J ~J WIHTUSlS NAME ( J. ArjRE SS Tn i"1e.- -j',UO:; h'f:",,/"'lC' J rIJ,..Jt'1" r. l. (".0( . I H<II,folf . 89 vlOUoTKlNS INDICATED "" SECTION NU'-'BE AS IONL Y IF C><ARGEDI TC HTC , UNIT 1 ~ .'"':!.., ..,'--'.....; ~ .-,.-/J ..",,, ] .:.J.J j, 10 UNIT 1 ~ .j OJ. ^'',/'~ - Vl~08ABlE ~PE ~ESULTS 0 NO TEST ~IA()8AaLE v;'PE ~ESUL TS o NO TIST I. ' USE TEST :'< USE TlST 114 IINUTlClIoTlllN G (, o REFUS( () Q o "'-UIII CCM'lCTI 1 UNIT' 0.__"10 0 UNK UNIT 1 0_-%0 I..N( YlSO'NO-O AIo,., 1"1111 C'nr........... .AOf I CINTIII p(i;iHi HWAV....PlTV .. W. . ~ - ....;.oJ.HYCAi.'11 (J;- flENNSYL VANIA POLICE ACCIDENT REPORT RlFER TOOV(RLAY SHE.En RlPORTA8U NON RlPORTABl.l POLICIlNFORIIAnON ACCIDENT LOCATION 20 COUNTY , ISJ,".:J. (v/Hh"fl(j",~' I 2' lIJNlClP ~ cl PRINCIPAL ROADWAY INFORMATION NT MER NCY Iol( . IONr IfCINCT II. ---. ,., , -:::> . /ct:C4.- <PATROl ZONE . ah'('J ZO, """~.n,^J'-'~"'ER C"" .YE R ACCIDINT IlPOR11AnoN 1-:JS'-'t~ TODAY K I rl',tJv :c ,T( 1M( lAY /'IS7 h.~ KllllD U INJUrD .0 VEHlCU HAVE TO Bl RElotOVlD ROM THl SCliNl' UNIT.! 181" NO UNIT 2 .u.TERIALS yOND yON ~ '9 PROPlRTV . 'uNlTd 7 PlAT( 7 ,'/ ~-'n ..]7( ~G 7J:t ,,'J . A '/I Y :, lOORUS _ A I ZIPCOOE 'fA Hi ~ oIOOlL'INOT IOOY TYPE Y , "VPE ,,1 ~rrlAllM AC ... 'OINT I,/, /lHlCll ..:l ..... N !-I~flr "'(I L",,,,,,,,,, t.fl :';-f'lC.IJ rt? '''''\.~r ..- 7.." ",.:., J PECIAl USAGE v , EHICU STATUS :) MR ,. ...V / 7 S ,A)E 11"7;),7'1;1 7;: :..'~;.; ,J Hul,c-~4::~r S'II' /.. ~';"I'r: ~J"<: ,~'..f.::J "'fA t-';C'.,o< CIfl su :A_R alAU! :/TV. SUTE . ZIPCOCf uSOOT . PUt. 14aYWA '1NfClOT us eN. v 2<E 21 55 HIGHWAY CONTROl INTERSECTING ROAD: :Ie RDUll OA STREET NAME 27 S lD LIMIT 55 HIGHWAY CONTROl IF NOT A T INTERSECTION: :Ie 30 CROSS STREET DR SEGlAlNT MARKER 3' OIREC11ON FRCfoASITE N 5 E W 33 DISTANCE WAS 32 DI5TlNC( FROM Silt FT Y. o MEASURED 0 &:\ TRAfFIC 'C/CONTROl !lEVa ESTiMATED PRINCIPAl o INTERSECTNl o o . .' . UNIT' 2~ ;J';..: . .. ,- ~ ~:: :t!.~.~. . ~, . .t' 31 !lot DRI R NU_R !lot DRIllER NAlA( !Ill CIflIVlR AOORESS 10 CITY. STATE . ZIPCOClE II SEX T STATE . CARRIR AOOREsS "CITY STATE . lIPCOClE 10 UQOOT. H <XH 10 7$ NO OF AIlllS PUC. 'AClE .' . , ." (7; (:) I.' ~,'~ .. :') .,,~ () .;..J" i"\ ~I'. ." . \",. -, .. , , -"';" , '-...: ,',,} ;.. ~ r.._ '. q.~l' ~'l~"~ r- I c:' ' ( h. ., 1,10-'. I Ll,. ::") U '-0 r.:j ..n . '.. _'l' it; i ~ " !,,,r , !"'J ..' " ., .' ". r, , '-. "", ( I'J r , f'5~ · , d'li:{! " ~ U ;! ~ i~ a~~~~.~~ ~=-:~S:i~~i 9'",--..., ;. :'1I)=t:-- ~ ~ ..,... ., .. ~...s :l!-~8 ~~ ~ "'.. 7. On the aforesaid date and at the aforesaid time, the Defendant was traveling In a westerly direction on Creekvlew Road in Hampden Township, Curnberland County, Pennsylvania. 8. At the intersection of Good Hope Road and Creekview Road, traffic traveling on Good Hope Road has the right of way and traffic on Creekview Road has stops signs. 9. The Defendant failed to yield the right of way, entered the aforesaid intersection and struck the Plaintiff's aforesaid vehicle. 10. The aforesaid collision was caused solely by the carelessness, recklessness and negligence of the Defendant in that she failed to: (a) see the Plaintiff's vehicle approaching the intersection; (b) yield the right of way to the Plaintiff; (c) aVQid a collision; (d) struck the Plaintiff's vehicle; (e) was otherwise negligent. 11. As a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff suffered severe and sundry injuries to her person. 12. As a result of the carelessness, recklessness and negligence of the Defendant, the Plaintiff has suffered the following elements of damage: (a) past pain ,md suffering; (b) past medical expenses; ,2. 9~-120 LAW OmCES OF DONALD R. DORER 3907 Hartzdale Drive, Suite 706 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys (or Defendant, Deborah G. Soltesz MARGARET COMPTON AND JOlIN L, COMPTON, JR"IIER IIUSBAND, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLANIl COUNTY, PENNSYLVANIA No. 94-5441 CIVIL VS, DEBORAH G, SOLTESZ, DEFENIlANT CIVIL ACTION - LAW JURV TRIAL DEI\JANIlEIl CERTIFICATE OF SERVICE Donald R. Dorer. Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached -An.s.wer with New Matter of Defendant. Deborah G. Soltesz. to Plaintiffs' Complaint to be served by regular first class mail upon: David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, PA 17055 Date: April 19. 1996 /T:f!' / 1 //1 /1 ! k 0 ;/L /e-- Donald R. Dorer, Esquire Attorney for Defendant, Deborah Soltesz '.. L. I IJ' e' r, -.' , < f.' , .. v; , , . ~ ; " . , , . , <. . ' " I! = ~~ 6~~~~~f,!~ ililC~S-q.:;~i ~'~:I_;:: , ~ :: =!::'::'':': 4! .. ... :00: Q .J!i ~-~e ~ '...., .. ,. , , , " ,. , ,. lot. , , , , ., (3) the accident-Induced neck and back pain Impedes her normal life from child care to housework and family activities and her neck pain continues to be a problem; (Compton Dep. 19-21) (4) the Plaintiff can no longer lift items or children as she used to do because it aggravates her back pain; and (Compton Dep. 22) (5) the Plaintiff's doctors have Informed her that the back pain is a chronic condition which they attempt to treat with muscle relaxants and instructions not to lift things, to stay off her feet, and to use a heating pad. However, with nine children the Plaintiff c,mnot be off her feet. likewise with her home is approximately 50 minutes from her children's school and, with her back injury, driving her children to school is a serious impairment. (Compton Dep. 23) WHEREFORE, the Plaintiff prays that Your Honorable Court will deny the Defendant's Motion for Partial Summary Judgment. Respectfully submitted, DAVID W. KNAUER, P.c. Dale:c1 ~27J 119~ fJ;J)~~, David W. Kn,llIlr, squire Attorney for PI,lintiff Attorney I. D. No. 21582 411-A [,1st Main Street Mechanicsburg, PA 17055 (717) 795.7790 - 2 . f';; ,.. ~ ~, (.. ~~ .. /'- (~~, "5. 1I.() 1,.'1. (,)..,: :~: ' , ,'.; J W':' '17":,: LI.... C~ ~. I . '. ;) (~, ,PJ, : " f.]l: l;~J :, J ['1 !' " " .tl'; '-, , 1,';1_ ., ./ , - -.:... ";; ~, . ,.., '] U tJ\ t3 " 95.120 (Must be typewritten and submitted in duplicate.) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (Entire caption must be stated in full.) MARGARET COMPTON and JOHN L. COMPTON, JR., Her Husband. (Plaintiffs) ( \..~~. , \".' ." ~'!' 1 IJ ('," " I , <' , 1\ " , ) (, .-, .J 1.) r.~ to. ,'. " ,I . "q , .';:-) . ~.'<' ,Ill , , , :fl ! ._1 ~ -.... Civil 19_ vs. DEBORAH G. SOLTESZ, (Defendant) No. 94-H41 1. State matter to be argued (Le., plaintiff's motiOlI for new trial. defendant's demurrer to complaint, etc.): Motion for Partial Summary Judgment 2. Identify counsel who will argue case: (a) For Plaintiff: David W. Knauer. Esquire Address: 411A East Main Street, Mechanicsburg. PA 17055 (b) For Defendant: Donald R. Dorer. Esquire Address: 3907 Hartzdale Drive, Suite 706, Camp Hill. PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 2, 1996 / Date: September 9...l.996 I \. ~nald R. Dorer. Attorney for Defendant Soltesz 95-120 LAW OmCES OF DONALD R. DORER 3907 Hartzdale Drive, Suite 706 Camp Hili, PA 17011 Telephone Number: (717) 731-0988 Attomeys ror Defendant, Deborah G. Soltesz MARGARET COMPTON AND JOliN L, COMPTON, JR" HER HUSBAND, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVLVANIA No. 94-5441 CIVIL VS. DEBORAII G, SOLTESZ, DEFENDANT CIVIL ACTION. LAW JURV TRIAL DEMANIlED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe to List Case for Ar~ment Court to be served by regular first class mail upon: David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, PA 17055 Date: SllJ)tember 9. 1996 ) ) ! ~lRald R. 6lrer, Esquire Attorney for Defendant. Deborah Soltesz /. ,/ (Must be typewritten .md submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. ( ) for trial without jury. CAPTION OF CASE (entire caption must be slaled in full) (check one) MARGARET COMPTON and JOHN l. COMPTON, her husband Assumpsit ) Trespass (Plaintiff) ( X ) Trespass (Motor Vehicle) vs. DEBORAH G. SOLTESZ (Defendant) (other) vs. The trial list will be called on December 17. 1996 Trials commence on lanuary 27. 1997 Pretrials will be held on lanuary 2. 1997 (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.) No. 5441 Civil 19 94 Indicate the attorney who will try C,lse for the party who files this praecipe: hqllire. 411-A East Main Street. Mechanicsburll. PA 17055 David W. Knauer, Indicate trial counsel for other parties if known: -Illwald R. Dorer. bquire. 3907 Hartzdale Drive. !'uite 706. Camp Hill. PA 17011 This case is ready for tri,11. , (! ,;ill.)i1~(/t Signed: Prir.t Ndme: David W. Knauer D.lle: December 2. 1996 Allorney for: Plaintiff! lilt: ,. 'ill Ilk II I.:, II Ili:\ \ II' h [11,1111\ 1-'1.' II'I 'I' - ~ I 11'1 ~' f'IIII,; . ., . '~:':.J...,...:.;..".:. j'~-~, '--.. .- ,- 'H~ . I 117' Popl.. Chord. 1111.<.1 Sull. 500 Calllp 11111. PA 170 II Phone 717,761., I H llUlln, 717.761'757~ h~ 7170761.0260 1,"fJO.8H,~020 Illchard J. P~u.nQII, M,I,), JLlon J. L111on. M.D, Thonns J, Yueha. M.D. Rkh~rd J. Do~I. M.D, /loy t: t1.nd., lJ, M, l). Coco.a it r.hol.'vbu' Avcnu~' SlCYCn D. Woll, M.D. He"hcy. Po\ 171).1.\ rholl.717.,n.,1110 Gregury A, Hank,.,. M,Il, Ihr" RI~nI, Itr n'r to 0. Irl1.IluI '1I111otl/a " rt"~li"J W'I~oul ~ . "OIl. "i!',~1 olI1ci1ur 11.111 CQIl dirntiolGI't 10..., ""'Y'llPl't. " , NNTy"l. V ^ N I ^ ()rm-!OPEDICS. f~C. July 11, 1994 Good Ho pc 1.830 Good Enoh, PA Orrhoped; I . 875 popt nstrlUtc of PA CAMP ~I~l C~~RI~1i RD. . ... 7011 family Physiciun~ Hope Rond 17025 Dc.<lr Doctor.~: J h~d the ple~~uru of seping M~r8aret Compton of R. n. #2 Uox 263-F, Newport, Pennsylvania, in th~ oCCicp. on July 8, 1994, with the chipf compl~int of pain in the back. Horg~rQt Compton is the 37-year-old mother or eight who two years ar,o wns involved in an ,1lJtolllobile oc.cident when'she WilS weorl.ng II shollld()r hllt'ne~s und war. hit by Ilnothet: Cilt. Their ~lH1ed war. aboqt 35 mile~ on houl', ond she wa.~ hit from the sld,) and 100'.15 thrown ubout the cnr wearing her shouldp.r hurness. She w~s odgiulIlly trl1(lted with physic.al therapy Cor about 3 or 4 month~ unl! that did help, but with thA childrcu coming home from school it was impossible to continlJe the therll~Y.' . Thp. pain increases with Ilftiug, sJ.tling, or driving. It is in the lowpr: lurnbal' Rr:ca. It Js bllck pain without significant lep, involvement. She mentions thut she ir. stiff jl1 the morlllng, and about a month ugoshe had u sip,nificnnt amount of increa~ed Pllin in the hack radiatjngdown to thA thi~h~. ^ muscle relaxer did help a~ did Ascriptin, Advil occasionally helps. She does not rClIlly take it in thprapcut ic dor.er.. She has 110 t used (\ (Iouf\hnut, Physical cxomination of Margaret Compton 6hows she points to the Ilre.1 of the Uppet. ~.1crLlm liS the lIrea whprc she has hcr poin. Sh,: flcxc~ the low bilCk to 70 degr:ee~, extends 10 degrees, IInd loterol bends 15 degrees to cllch sld~. The neurological eXlImlnatioll of th", lower eHrelllilies was within norlllal limits wit~li~h'e.:deep tendon reflexes being equal ond 'active bilaterally, "There-Clre,no aensol'Y or.motor losses, ,oud strillght .leg raises 'we ~'<'rleg(lt i ve billl tel'A lly. ,'( lil-:I: ,- %IIRII 15 I~ 1111\\1.111, Illifdl, I'SI. ~~'120 If: I. . "I" "31 11'/ ~" I.AW OFf'lel,:"., OF RIJKINt\'n:, JACOBS & SARA 214 SlInlltt' AvenulI, Snitc SIlJ Camp Hill, PA 17011 Telephune NUlllher: (717) 731.0988 Altorneys for Derenrlant, l)chur'.lh G, SOUl....Z =-- '. MAIWARF.T COMI'TON ,\ND JOHN I.. COMPTON, JR., IIER III1SIIANIl, l'I.A1NTIFt~ IN THt: COURT Ot' COMMON PLEA.c; t:trMllt:KI,ANII COUNTV, I'J.:NNSVLV ANIA No. 94-5441 CIVtl. VS. D~8()R^1I (;, SOLTF.SZ, l)F.....:NIIANT CIVIL AC'1l0N - I.AW .JURV TKIAI. I)EMANln:1I .;.;;;r;r.::- .--. ::::......... ~..... CERm'ICATF. 0... SI':RVICE ~..:.. . . '.'- ._.- .. L1Un;l1<l R. Dorer, r~quirc. ht:reby cCrlifjc,~ that he i~ the attorney for Iht: Defendant herein, and thai he caused a Inlt: and correct copy of the attached. I,,>cfr.ndant's l~,Ir!al M!ll1!Q!llnduJII_ tlI be served hy l'\:!lular lirsl da55 lIIailllpon: David w. Knauer. Esquire 411 A Ea51 Main SCreel Mcdlllnicsburg. VA 17055 Dale: ~c;,"~7,19,&- : ~. ;7};:" !<'f ,/<1), .... \, l.)I.~. . I' C. I~~_.~ l'k1nald R. Oorer. l!.~tluirc .' Anonlcy (or DefemJalll. o.~bor.th SOllllSZ P IJI( 6j)a~i() "U). j(nau".., @.e. ArrORNEYS AT LAW 411 A Easl Main Stre'l Mechanlcsburg, PA 17055 (717) 795,7790 DAVID W. KNAUER MARK D. SCHWARTZ December 30, 1996 VIA Facsimile and First-Class Mall Thomas E. Chefflns, Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Mal,alet Compton, et ux, ... Debolah G. Soltesz, Cumberland County Court of Common Pleas No. 94,5441 Civil ---- /,)It.., Dear Mr: C1.cHi,B: Enclosed please find the Plaintiffs' Pre-Trial Memorandum in the above-referenced matter. A copy has been served on all counsel of record. Very truly yours, ( ,. t / 'f;' , Lie G- Davi W. Knauer DWK:awk Enclosures cc: Donald R, Dorer, Esquire \wpdoc8\compron\l'l.JOche.lrr ' .' . . , .'11 ~~ NlMIY IIOT"IID TO 'ILI ,. W ITTIN III"ONtI TO THI INCl.ClIID WITHIN TWINTY 110. DAYI '1I0M .IIVICI HIIIIOI' 011 ,. JUDGIMINT MAV . INTlMD A(lNNIT YOU W1 DEe 30 lrmJ 61- LAW Orrlcu RlIalNATI, heolS " SAa,. n.. SINAll AnN~1 S~ITI SOJ CAMP HILL, PA 1701l , (717.731-0911 tAXI (717,731-0987 , WI DO HIIIIIV CI"'IJV THAT TIlt WITHIN II,. TllUlNIIJ ccw.cT<<JI1Y 0' THI DIIIGINAL 'ILID IN THII ACTION, IV rtiJ. ATTCNlIV ATTOIINIY ----..... -.~...~----.--, LAW OFFICES 0.- RUBINATE, JACOBS & SABA 214 Senate Avenue, Suite 503 Camp HlII, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Deborah G. Soltesz MARGARET COMP1'ON AND JOHN 1" COMPTON, JR" HER IIVSBAND, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COVNTV, PENNSYLVANIA No, 94-5441 CIVIL VS, DEBORAH G, SOLTESZ, DEFENDANT CIVIL ACTION - LAW JURV TRIAL DEMANDED DEFENDANT'S PRE-TRIAL MEMORANDUM L FACTS REGARDING LIABll..ITY: This lawsuit arises out of two vehicle collision occurring at the intersection of Creek- view Road and Good Hope Road in Hampton Township, Cumberland County, Pennsylvania at about 3:00 p.m. On that occasion, the Defendant, Deborah G. Soltesz, operating a 1988 Chevrolet, was traveling in a generally westerly direction, and pulled from the posted stop sign, into the intersection with Good Hope Road, and str.ack the left rear side of the 1988 Dodge Ram 350 being driven in a generally southerly direction by the Plaintiff, Margaret Compton. n. FACTS REGARDING DAMAGES: Following the accident, the Plaintiff, Margaret Compton complained of lower back and neck pain, and wa" treated and released from the Holy Spirit Hospital. The Plaintiff then followed with her family physician at the. Good Hope Family P:actice approximately a week later, at which time physical therapy was recommended, but the Plaintiff did not commence any physical therapy until a course of physical therapy was started in Carlisle in approximately the winter of 1993, and concluding in June, 1994. The Plaintiff then underwent an orthopedic consultation with Dr. Thomas Yucha on July 8, 1994, and Dr. Yucha's report of July II, 1994 is attached hereto as Exhibit. A" for the Court's reference purposes. The Defendant is not on notice as to any unpaid medical bills or wage losses relative to this mailer. . .. ," ~ . . ; . ---..., ~.."... ,. . . ....f..._.....:ot............'.::. ,--. . , , " .., : . ,. PENNSYLV^NI^ oitn-1oPEDIC~;p.c. IlIcb:atdJ. PIllenon, M.t>. JUOR J. Ullon. M.D. Tbomas J. Yucbl. M.D. Richard J. 11011, M.D. Roy E. BIn~ II. M.D. Coeol " Chocollle Avenue. SIeveR B. Woll, M.D. Hershey, PA 170~~ Phone 717'5!~'5~80 Grelory A. HaRks. M.D. nu, /I"QrdSIlI n IlQ b IIIriIlIn I~ ~. I Ir-rl.~lild ..Il~ouf ccn4lffnUII en. Iedt'lIl11WoI .l.lll tf laws may 'PlIo/. 175 'opl:&l Church ROld lulle 500 Camp Hili, 'A 17011 'hone 717.761.5151 BUllnl 717.761.737~ 'ax 717.761.0160 1.800.8H-4010 July 11, 1994 Good Hope Family Physicians 1830 Good Hope Road Enola, PA 17025 OrrhopCd' I . 875 POP~ nSlIrurc of PA CAMfl H/~l'C~~~~~lro, . Dear Doctors: I had the pleasure of seeing Margaret Compton of R. D. 12 . Box . 263-F, Newport! Pennsylvania, in the office on July 8, 1994, with the chief comp ain~ of pain in the back, Margaret Compton is the 37-year-old mother of eight who two years ago was involved in an automobile accident when 'she was wearing a shoulder harness and was hit by another car, Their speed was abo4t 35 miles an hour,and she was hit from the side and was thrown about the car wearing her shoulder harness. She was originally treated with physical therapy for about 3 or 4 months and that did help, but with the children coming home from school it was impossible to continue the therapy, " The pain increases with lifting, sitting, or driving. It is in the lower lumbar area. It is back pain without significant leg involvement, She mentions that she is stiff in the morning, and about a month ago:she'had a significant amount of increased pain in the back radiating'down to the thighs, A muscle relaxer did help as did Ascriptin: Advil occasionally helps, She 'does not really take it in therapeutic doses. She has not used a doughnut. . Physical ~xamination of Margaret Compton 'shows she points to the area of .'the upper sacrum as the area where ahe has her pain, She flexes the low back to 70 degrees, extends 10 degrees, and 18 terel'bends 15 defrus ,to each a ide, The neurological: examination of the ower extremities was within normal limits .wi~~.~t.he.~deep tendon'ref.lexas being equal ,and .'active bilaterally, . ...There,are,no ...nsoryor.motor losses, .andatraight ,leg railes - .~ ,iere:7~'egaHve bilaterally, ' '...'. ,," " 1('. ., -, '.' ~ . .:.:~',' . . ;:.~ /', ., .' .....'. STA TEMENT OF THE BASIC FACTS AS TO DAMAGES: The Plaintiff suffered neck and back injurips. She was treated at Holy Spirit Hospital Emergency Room on the d,Jy of the accident. In ,uldition, she was treated by Good Hope Family Physicians, had physical therapy, ,md was under the care of Dr. Thomas J, Yucha, a board certified orthopaedic surgeon. Despite the medic,)1 Cdre, she hds chronic pain. The physical injuries the Plaintiff received in this dccident are serious due to the impairment of her ability to function compared to her pre-accident condition. She is the mother of nine children ranging from a sophomore in college to ,) one-year old. The Plaintiffs live in Perry County, and their children dllend Bible Baptist School in Shiresmantown. The morning and afternoon commute for school takes approximately one hour each way. In addition to the adverse impact the driving has on the Plaintiff, her family duties require her to be very active to manage and provide care for all of her children. The chronic nature of her injuries have lessened her ability to nurture her children especially the babies due to the difficulty ,md pain involved in picking up the children, The chronic nature of her injuries dlso encompasses pain and suffering, emotional distress, and loss of enjoyment of life. The Defendant must take the Plaintiff as she finds her, ,md the special quality of the Plaintiff's pre,accidentlife makes her injuries a serious impairment of a bodily function in the context of her life. Your Honorable Court denied the Defendant's Motion for Summary Judgment on the basis that the Plaintiff's injuries were not recoverable under the limited torI option. .2. PRINCIPAL ISSUES OF LIABILITY AND DAMAGES: 1. With the limitl>d tort option, ,Ire thll Plaintiffs entitled to recover for the Plaintiff's chronic painful soft tissue injuriesl 2. What is the amount of d,tn1.lges to which the PI,lintlffs .Ire entitledl SUMMARY OF LEGAL ISSUES OR ANY OTHER MA TTER: 1. Both the Plaintiffs' and the Defendant's counsel are attached for trial in different cases before the Court of Common Ple,lS of D,llIphin County. The Plaintiffs' counsel anticipates being called on the first day of the triallerrn for a product liability and negligence case that may take four to five days. 2. The Plaintiffs intend to utilize admissions from the pleadings or depositions. The Plaintiffs propose to have the Plaintiffs' counsel read both the questions and answers to the jury during the Plaintiffs' case. The Plaintiffs respectively request guidance from the Court if the Court would prefer Plaintiffs' (Ounselto use any other method to introduce the admissions into evidence, IDENTITY OF WITNESSES TO BE CALLED: 1. The Plaintiffs. 2. Dr. Thomas I. Yuchd. 3. One or more of the Pldintiff's children. . .1. .I 1 I I I PLAINTIFF'. EXHIBIT A FUe No.: 95-120 0 (Must be typewritten and submitted In duplicate.) TO TIlE PROTIlONOTARY OF CUMBERLAND COUNTY: Please list the following case (check one): ( x) for JURY trial at the next term of civil court. ( ) for trial without a jury. CAPTION OF CASE: (Entire Caption Must Be Slated In Full) (Check One) ( ) Assumpsit MARGARET COMPTON and JOHN L. COMPTON, JR., Her Husband, (Plaintiffs) ( ) Trespass ( x) Trespass (Motor Vehicle) ( ) vs. (Oth.r) DEBORAH G. SOLTESZ, (Defendant) The lrialli.t will be called on Februarv 18. 1997 Trial. commence on March 17. 1997 _ Pre-trial. will be held on Februarv 26. 1997 (Bri.f. .~ l.Iu. .5 dlYI b.,o,. p~lri.I..) m. party liltin., thi. ca.. (or tri.1 ah.1I provide forthwilh . copy of the pr..cip. to.1I c:ounnl, pUrlUlnl to loul Rul. 214-1.) No. 94-5441 Civil 1994 19..21- Indicate the attorney who will try case for the pany who files this praecipe: Donald R. Dorer. EsQuire. Attorney for Defendant. 214 Senate Avenue. Suite 503. Camp Hill. Pennsylvania. 17011: 1717) 731-0988. Indicate trial counsel for other panics if known: David W. Knauer. Esquire. Attorney for Plaintiffs. 411A Bast Main Street. Mechanicsburll. PA 17055: 17m 795-7790. This case is ready for trial. 14 I) 00 f /J / ~ 0 Signed: I. /j L PriN N ,- ..;., . Zk..., Attorney for: Defendant Ddte: Januar)' 27. 1997 . . FUe No.: 95.120 (Must be typewritten and submitted In duplicate.) TO TIlE PROTIIONOTARY OF CUMBERLAND COUNTY: Please list the following case (check one): ( x) for JURY trial at the nexltenn of civil coun. ( ) for trial without a jury. CAPTION OIl CASE: (Entire Caption Must Be Stated In Full) (Check One) ( ) Assumpsit MARGARET COMPTON and JOliN L. COMPTON, JR., Her Husband, (Plaintiffs) ( ) Trespass ( x) Trespass (Motor Vehicle) ( ) vs. (Oth.r) DEBORAH G. SOLTESZ, (Defendant) The trial list wil! be called on ADril 21. 1997 Trials commence on _ Mav 19. 1997 Pre-trials wil! be held on ADril 30. 1997 (Bri.r. Ira due :s "'aYI bClfor. prtHri.l..) (Th. party lil'lnll mi, CIIII for lri.1 ,h,n provid. forthwith a ~opy of th. praecip. to.1I coun..l, punuant 10 local Rul. 214-1.) No. 94-5441 Civil ~4..____ 19..2L Indicate the allorney who will try case for the party who files this praecipe: Donald R. Dorer. Esquire. Allorney for Defendant. 214 Senate Avenue. Suite 503. Camp Hill. Pennsylvania. 17011: (717) 731-0988. Indicate trial counsel for other panies if known: David W. Knauer. Esquire. Allorney for Plaintiffs. 411A Bast Main Street. Mechanicsburll. PA 17055: /717) 795-7790. This case is ready for trial. JIB. 7 17~ Signed: . JL1?-- Print Na e: Donald R. Dorer~ 're Allorney for: Defendant Date: Februal)' 26. \997 _ ~ I . 95-120 , \ LAW OmCES OF RUBINATE, JACOBS & SABA 214 Senate Avenue, Suite 503 Camp Hili, PA 17011 Telephone Number: (717) 731.0988 Attorneys for Defendant, Deborah G. Soltesz MARGARET COMPTON AND JOHN L. COMPTON, JR., HER HUSBAND, PLAINTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 94-5441 CIVIL VS. DEBORAH G. SOLTESZ, DEFENDANT CIVIL ACTION. LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer. Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a Il1le and correct copy of the atlached Praecipe for Listinll Case for Trial to be served by regular first class mail upon: David W. Knauer, Esquire 411-A East Main Street Mechanicsburg, PA 17055 date: Febft1~ 26. 1997 nald R. Dorer, Esquire Attorney for Defendant, Deborah Soltesz ..~ 1'.::-c-rCE r.' ... -l.'t'! I ,II ". f ( I 1)'11:"': ~n "l I ~,J"oi; , Pi:N;,./rL'1i ., ,,' ,1';1\ " "