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JEREMY J. HOUP,
Plaintiff
v.
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVlLACTlON. LAW
LAwrON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO, and
ROVEGNO'S OF CARUSLE, INC.,
Defendants
NO. 94.5599 CIVIL TERM
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set fonh
in the following Complaint, you must take action within twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by attorney
and filing in writing with the Court your defenses or objections to the claims set fonh
against you. You are warned that if you fail to do so, the case may proceed without you
and a jud~cnt may be entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief requested by the Plaintiff.
You may lose money or property or other rights important to you.
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
TIlE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Court Administrator, Fourth Floor
Cumberland County Court House
Carlisle, PA 17013
Phone: (717) 240.6200
v.
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ArnON, LAW
JEREMY J. HOUP,
Plaintiff
LAWTON & EVELYN B. ROVEONO,
RICHARD L. ROVEONO, and
ROVEONO'S OF CARUSLE, INC.,
Defendants
NO. 94-55<)<) CIVIL TERM
COMPLAINT
The above-referenced Plaintiff, JEREMY J. HOUP, by his attorney, Taylor P. Andrews,
Esquire, of Andrews & Johnson, respectfully sets forth the following cause of action:
1. Plaintiff is JEREMY 1. HOUP, an adult individual who resides at 764-B East Louther
Slreet, Carlisle, Pennsylvania, 17013.
2. Defendants LA wrON ROVEONO and EVELYN B. ROVEONO are adult individuals
who reside at 514 Biddle Drive, Carlisle, Pennsylvania, 17013,
3, Defendant RICHARD L. ROVEGNO is an adult individual who resides at 112 Spring
Farm Circle, Carlisle, Pennsylvania, 17013,
4. Rovegno's of Carlisle, Inc., is a Pennsylvania corporation doing business at 401 East
Louther Street, Carlisle, Pennsylvania, 17013.
5. A, of April 29, 1994, and for some time prior thereto, Defendants, Lawton and Evelyn
B. Rovegno and Richard L. Rovegno owned the property at 401 Easl Louther Street, Carlisle,
Pennsylvania, on which was erected a large building previously used for industrial purposes.
6. As of April 29, 1994, the above-named Defendants, including Rovegno's of Carlisle, Inc..
were engaged in the business of leasing storage spaces on the second floor of the building at 401
East Loulher Street, Carlisle, Pennsylvania.
7. On April 29, 1994, and for some time prior thereto, the Defendants had leased a storage
space on the second floor of the premises referenced above to Mellissa Breadwell.
8, On April 29, 1994. the Plaintiff, Jeremy J, Houp, entered the above-referenced prem1ses
of the Defendants for the purpose of assisting Mellissa Breadwell in moving items out of storage
from the second floor of 401 East Louther Street, Carlisle, Pennsylvania.
9. On April 29, 1994, the Plaintiff, Mellissa Breadwell, and others enll:red the elevator
within the premises to go to the second Ooor to retrieve the items to be moved from the premises.
10. When the Plaintiff pulled the inside doors of the elevator closed by use of the overhead
strap, the overhead door met a door rising from the Ooor and the latching hardware of the two
doors impdled thc Plaintiffs hand causing Plaintiff substantial pain, fright, shock. serious bodily
injury, and humiliation.
11. The use of the elevator for access and for the movement of stored items by Mellissa
BreadweU and those who would assist her was foreseeable by the Defendants.
12. As the owner at the property and the owner of the elevator within the property used
by the patrons of the storage business, the Defendants acted as a common carrier and they owed
the passengers of the elevator the highest degree of care.
13. The Defendants breached their duty to act with the highest degree of care towards the
Plaintiff in the use of the elevator by failing to protect the Plaintiff from the pinching and crushing
actions of the interior doors of the elevator.
14. The Plaintiff was a business visitor of the Defendants and the Defendants owed the
Plaintiff a duty of maintaining their premises is a reasonably safe condition for the contemplated
use, or to give warning of any failure to maintain the premises in such a safe condition.
15. The Dcfendants breached their duty 10 maintain the premises in a reasonably safe
condition and they also breached their duty to give warning of their failure to maintain the premises
in such a safe condition, and the Defendants' actions included but were not limited to the following
acts:
A. Defendants failed to give Plaintiff necessary instruction in the operation of the
elevator where the Plaintiff was injured,
B. Defendants failed to protect Plaintiff from the unsafe condition caused by the
exposed latching mechanism which impaled the Plaintiffs hand. Guards could have and
should have been provided to protect the Plaintiff from this hazard.
C. Defendants failed to protect Plaintiff from the pinching and crushing effect of
the interior elevator door.
D. Defendants failed to warn the Plaintiff of the hazard presented when the Interior
elevator doors met.
E. Defendants failed to assure that the warning buzzer within the elevator was
operable.
F. Defendants failcd to direct thcir employee to operate the elevator for business
guests, or to take other action to protect business guests from harm on the elevator.
16. As a proximate cause of the failure of the Defendants to meet their duty to the
Plaintiff, the Plaintiff suffered a crush and tear injury to his right and dominant hand with
permanent damage to his tendons, with sClming and a lack of sensitivity on his third and fourth
linger.
17. As a rcsult of his injury, Plaintiff has sustained past pain and suffering and he will
endure pain and suffering in the future. Plaintiff has permanently lost the full use of the ring
linger of his right hand, and his inability to fully Ilex and extend his linger will subject the Plaintiff
to future suffering and embarrassment.
18. As a result of his injuries, Plaintiff has incurred the following medical expenses:
Carlisle Hospital $ 5,245.79
Dr. William P. Graham III 4,580.00
Blue Mountain Anesthesiology Associates 850.00
RWC Emergency Physicians 66.00
Carlisle Imaging Associates 27.00
Carlisle Outpatient Billing 829.50
TOTAL
$11,598.29
WHEREFORE. Plaintiff demands judgment against the Defendants for damages in an
amount in excess of Twenty Thousand Dollars ($20,000.00).
By:
r , n rews. q.
rney for Plaintiff
West Pomfret Street
Carlisle. PA 17013
(717) 243-0123
Supreme Court 10 No. 15641
I verify that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of Pa. C.S. t 4904. relating
to unsworn falsification to authorities.
DATE:
'1/12 /95
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
JEREMY J. HOUP,
Plaintiff
LA wrON & EVELYN B. ROVEONO,
RICHARD L. ROVEONO, and
ROVEONO'S OF CARUSLE, INC.,
Defendants
NO. 94-5599 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that on this date, 'I - n , 1995, I mailed a copy of the Complaint
as captioned above to T'I"U '.sld. b~/6oJ at the following address by U.S. Mall, postage
prepaid,
Lawton & Evelyn B. Rovegno
514 Biddle Drive
Carlisle, PA 17013
Richard L. Rovegno
112 Spring Farm Circle
Carlisle, PA 17013
Rovegno's of Carlisle, Inc.
401 E. Louther Street
Carlisle, PA 17013
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
JEREMY J. HOUP,
Plaintiff
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO, and
ROVEGNO'S OF CARLISLE. INC"
Defendants
NO, 94-SS99 CIVIL TERM
NOTICE
YOt} HAVE BEEN SUED IN COURT. If you wish to defend against the claims set rorth in the
following Complaint, you must take action within twenty (20) days after this Complaint and Notice
are served, by entering a wrinen appearance personally or by anomey and filing in writing with
the Courl your defenses or objections 10 the claims set forth againsl you. You aro warned that if
you fail to do so. the case may proceed without you and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other claim
or relief requested by the Plaintiff, You may lose money or property or other rights importanllO
you,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT
HA VE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFf-1CE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administralor. Fourth Floor
Cumberland County Court HOllse
Carlisle. PA 17013
Phone: (717) 240-6200
JEREMY J. HOUP,
Plaintiff
IN THE COllRT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
v,
CIVIL ACTION. LAW
LAWTON &; EVELYN B, ROVEONO.
RICHARD L. ROVEONO. and
ROVEONO'S OF CARLISLE, INC..
Defendants
NO. 94-5599 CIVIL TERM
AMENDED COMPLAINT
The above-referenced Plaintiff. JEREMY J. HOUP, by his allOmey, Taylor P. Andrews, Esquire,
of Andrews &; Johnson. respectfully sets forth the foHowing cause of action:
I. Plaintiff is JEREMY J, HOUP. an adult individual who resides al 764-B East Louther Street,
Carlisle, Pennsylvania, 17013,
2, Defendants LAWTON ROVEONO and EVELYN B, ROVEONO are adult individuals who
reside at 514 Biddle Drive. Carlisle. Pennsylvania, 17013,
3, Defendant RICHARD L. ROVEONO is an adull individual who resides at 112 Spring Farm
Circle. Carlisle. Pennsylvania, 17013,
4, Rovegoo's of Carlisle, Inc" is a Pennsylvania corporation doing business at 401 East Louther
Street. Carlisle. Pennsylvania. 17013.
',0
5, As of April 29. 1994, and for some time prior thereto, Defendants. Lawton and Evelyn B.
Rovegoo and Richard L. Rovegoo owned the property at 40 I East Louther Street, Carlisle, PetUll)'lvania.
on which was erected a large building previously used for industrial purposes.
6, As of April 29, 1994, the above-named Defendants. including RovellOO'S of Carlisle, Inc.. wer.
engaged in the business of leasing storage spaces on the second floor of the building at 40 I East LoutIw
Street. Carlisle. Pennsylvania.
7, On April 29, 1994. and for some time prior therelo. the Defendants had leased a storage ~
on the second floor of the premises referenced above to Mellissa BreadwelJ.
~'l
8, On April 29, 1994, the P1aillliff. Jeremy 1. Hoop. entered the above-referenced premises of the
DefendanlS for the purpose of assisting Mellissa Breadwell in moving items out of storage from the second
floor of 401 East Louther Street. Carlisle. Pennsylvania.
9, On April 29. 1994, the Plaintiff. Mellissa Breadwell, and others entered the elevalOr within the
premises 10 go to the second floor to retrieve the items to be moved from the premises.
10, When the Plaintiff pulled the inside doors of the elevator closed by use of the overhead strap,
the overhead door met a door rising from the floor and the latching hardware of the two doors impaled the
Plaintiffs hand causing Plaintiff substantial pain. fright. shock. serious bodily injury, and humiliation.
II. The use of the elevator for access and for the movement of stored items by Mellissa Breadwell
amI those who would assist her was foreseeable by the Defendants.
12, As the owner of the property and the owner of the elevator within the property used by the
patrons of the storage business. the Defendants acted as a common carrier and they owed the passengers
of the elevalor the highest degree of care,
13. The Defendants breached their duly to act with the highest degree of care towards the Plaintiff
in the use of the elevalor by failing to prolect the Plaintiff from the pinching and crushing actions of the
interior doors of the elevator.
14. The Plaimiff was a business visilor of the Defendants and the Defendants owed the Plaintiff
a dUly of maintaining lheir premises is a reasonably safe condilion for the contemplaled use, or to give
warning of any failure to maintain the premises in such a safe condition,
15, The Defendants breached their duly 10 maimain lhe premises in a reasonably safe condition
and they also breached their duty to give warning of their failure to maintain the premises in such a safe
condition, and the Defendants' actions included but were not limited to the following acts:
A. Defendants failed 10 give Plainliff necessary instruction in the operation of the elevator
where the Plaintiff was injured.
B, Defendants failed to prOlCCt Plaintiff from the unsafe condition caused by the expoacd
latching mechanism which impaled the Plaintiffs hand. Guard.! could have and should have been
provided to protect the Plaintiff from this hazard.
C. Defendants failed to protect Plaimiff from the pinching and crushing effect of the
interior elevator door,
D. Defendants failed to waIn the Plaimiff of the hazard presented when the interior
elevator doors met.
E. Defendants failed to assure thaI the warning buzzer will:in the elevator was operable.
F, Defendants failed to direct their employee to operate the elevator for business guests.
G, Defendants failed to direct their employee to take other action to protect business
guests from harm on the elevator.
16, As a proximate cause of the failure of the Defendants to meet their duty to the Plaintiff, the
Plaimiff suffered a crush and tear injury to his right and dominam hand with permanent damage to his
tendons. with scarrinll and a lack of sensitivity on his third and fourth fingers.
17, As a result of his injury, Plaimiff has sustained past pain and suffering and he will endure pain
and suffering in the future, Plaimiff has pennanenlly lost the full use of the ring finger of his right hand.
and his inability to fully flex and extend his finger will subject the Plaintiff to future suffering and
embarrassment.
18. As a result of his injuries, Plaintiff has incurred the following medical expenses:
Carlisle Hospital
Dr, William p, Graham III
Blue Mountain Anesthesiology Associates
RWC Emergency Physicians
Carlisle Imaging Associates
Carlisle Outpatient Billing
S 5,245.79
4,580.00
850,00
66,00
27.00
829.50
TOTAL
S 11,598.29
WHEREfORE. Plaintiff demands judl!Jl1Cnt again5l the Defendanla fot damalles in an Imoum in
excess of Twenty Thousand Dollars ($20,000.00),
By:
P. A rewa, Eaq,
tt ney for Plaintiff
78 Wesl Pomfrel Screel
Carlisle. P A 170 1J
(717) 243.0 123
Supreme Coun ID No. IS641
I verify tIuu lhe IllIlemo:lllS made In lhe foregoing Complaint are true and correct. I undentand tIuu
false statements !tereln are made subject to me penalties of Pa. C,S. f 4904. relatina to unsworn
falsification 10 authorities.
DATE:
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vs.
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
JEREMY J. HOUP,
Plaintiff
LA wrON AND EVELYN B.
ROVEGNO. RICHARD L.
ROVEGNO. and ROVEGNO'S
OF CARLISLE. INC.,
Defendants
94-5599 CIVIL TERM
IN RE: DEFENDANTS' PRELIMINARY OBJECTION TO AMENDED COMPlAINT
ORDER
AND NOW,this
IS""
day of February, 1996. the parties having expressed the
desire to waive oral argument, and the court being prepared to decide the mailer on briefs. it is
ordered and directed that the defendants' preliminary objection to the plaintiffs amended
complaint is DENIED.
BY THE COURT,
Taylor P. Andrews, Esquire
For the Plaintiff
C--lf~ ~
/lit..
Jefferson J. Shipman. Esquire
For the Defendants
:t/Is/"16 .
-0.1'.
:rlm
~_'3..~,i::<::'!P~_~'C.JR_~I.S:r[!'I(;_c,:ASE FOR ARGUMENT
(Mus t be tYPf""I'i t ten clod subni tted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
please list the within matter for the next ArgUnent Court.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption rrust be stated in full)
JEREMY J. HOUP,
( Plaintiff)
VB.
LAWTON' EVELYN B. ROVBGNO, RICHARD L. ROVBGNO and
ROVBGNO'S or CARLISLE. IRe..
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,
( Defendant)
No,
Civil
5599
1. State matter to be argued (Le.. plaintiff's rrctlon for new trlal. defendimt's
cImurrer to canplaint. etc.): Defendants' Preliminary Objections
2. Identify counsel who will argue case:
(a) for plaintiff:
Address :
Taylor P. Andrews, Esquire
18 West Pomfret St., Carlisle. PA 17013
(h) for defendant:
Address :
Jefferson J. Shipman. Esquire
P.O. Box 1268
Harrisburg. PA 17108
3. I will notify all parties in writing within t...o days that this case has
been listed for argunent.
4 . Argurent Court Date:
lilJ~jt<ttjt11f~;~f~
>&ff: '
OBted: 2/15/96
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten ard subnitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argurent Co..o:t.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
JEREMY J. HOUP
( Plaintiff)
vs. (")~: ~
c -c
LAWTON & EVELYN B. ROVEGNO, r '.
'ut": -x..., ..c..
RICHARD L. ROVEGNO and ~r."Y"I;:
;c:-:.~ ",
ROVEGNO"S OF CARLISLE, INC. r Uj('W'OO N
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c.n
t>b. 94-5599 civil Action-Lali9
1. State matter to be argued (Le., plaintiff's llDtion for new trial, defendant's
denurrer to catqllaint, etc.):
Preliminary Objections of Defendants
2.
Identify counsel 1Oho will 1lr9Ue case:
Jefferson,J. Shipman, Esquire-Def.
(a) for plaintiff:
1tddress :
Taylor,P. Andrews, Esquire
(b) flJan~;~KrI70fi'
1tddress .
Jefferon J. Shipman, Esquire
320 Market Street
Harrisburg, PA 17108
I will notify all parties in writing within bto days
been listed for argurent.
that this case hall
Taylor P. Andrews, Esq.-Plaint.
3.
4.
Argunent Court Date: /2/""/7:'-
Dated:
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERlAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
JEREMY J, HOUP.
Plaintiff
LA wrON AND EVELYN B.
ROVEGNO, RICHARD L.
ROVEGNO. and ROVEGNO'S
OF CARLISLE, INC..
Defendants
94-5599 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS IN THE NATURE OF A MOTION TO STRIKE
OFF A PLEADING BECAUSE OF LACK OF CONFORMITY TO LAW OR RULE OR
COURT OR. IN THE ALTERNATIVE. A MOTION FOR A MORE SPECIFIC PLEADING
BEFORE HESS AND OLER. jJ,
ORDER
AND NOW. this
,",II
day of January. 1996. following argument thereon. the
within preliminary objections are GRANTED and the plaintiff is directed to file a more specific
pleading with respect to what is meant by the words, in paragraph 15(f) of the complaint. .or to
take other action to protect business guests from the harm on the elevator." Said am~nded
pleading shall be filed within twenty (20) days hereof and if said pleading is not filed, said
language shall be deemed stricken.
BY THE COURT.
Taylor P. Andrews. Esquire
For the Plaintiff
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/1;1.
Jefferson J. Shipman, Esquire
For the Defcndants
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ANDREWS & JOHNSON
Attorneys al Law
78 W, Pomfrel Street
Carlisle. PA 17013-3216
TAYLOR P. ANDREWS
RONALD E. JOHNSON
Telephone (717) 243.0123
Talafax (717) 243-0061
February 12, 1996
The Honorable Kevin A. Hess
Cumberland County Court House
One Court House Square
Carlisle, PA 17013
RE: Houp v. Rovegno. el al
Defendants' Preliminary Objection to Amended Complaint
Proposed Resolution by Submission on Briefs
Dear Judge Hess:
After argument in December you sustained a preliminary objection to the original
complaint in the above-referenced mailer. An Amended Complaint has been filed and a new
preliminary objection as well. Briefs have been filed for and againstlhe preliminary objection to
the amended complaint.
As you can see from the enclosed correspondence, Allorney Shipman and I are both
willing to submit this mailer to you without oral argument. The issue is so close to the origWJ
issue which has already been briefed and argued I felt the delay and expense of oral argument may
not be warranted.
_' - Can we submit this mailer to YOIl... without breaking any local rules irreparably?
( party's brief has been filed of record. ...-J
"'-- ------
--
Each
( If this is not acceptable. I expectlhat we shall each be present for argument on March 6th,
\ Sincerely yours.
\
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Enclosure
cc: Jefferson J, Shipman
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JEREMY J, HOUP,
Plainti ff
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO, and
ROVEGNO'S OF CARLISLE, INC"
4(H E. Louther Street
Carlisle, PA 170\3
Defendanu
NO. 94, 5599 CIVIL TERM
PRAECIPE FOR WRIT OF SUMMONS
TO TIlE PROTHONOTARY:
Please issue writs of summons in the above,eaptioned action to the following Defendants:
LAWTON & EVELYN B. ROVEGNO
401 E. Louther Street
Carlisle. PA 170\3
RICHARD L. ROVEGNO
401 E. Louther Street
Carlisle. PA 17013
ROVEGNO'S OF CARLISLE, INC.
401 E. Louther Street
Carlisle, PA 17013
By:
Ta 0 P. Andrews, Esq,
78 est Pomfret Street
Carlisle. P A 17013
Phone: 717-243,0123
Supreme Court ID No. 15641
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JerBl1Y J. Houp
Court of Conwoll Pleu
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No.
94-5599 Civil Term
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19____
Lawton & Evelyn B. Rovegno,
Richard L. Rovegno, ani
Rovegno'S of Carlisle, Inc.
401 East Louther Street
Carlisle, PA 17013
In ___~~Y_iJ _!\f:_1;,!QR_~________________._.I___
To __J,,''!'~'!:9Jl-&_~lYILe.-RQ'legnQ.-Ricba1Jj L. Rovegno, Rovegno's of carlisle. Inc.
You a'" hereby notified thaI
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the PlainriIf haS commenced an action in .civil.Action_Law___________________________________
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against you which you are required to defend or a default judgment may be enlered againlt JOU.
(SEAL)
Dale __!'iW~~l'__~QSh___________ 1991..
Lawrence E. Welker
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Prothonota.ry "
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COMMONWEALTH OF PENNSVLVANIA:
COUNTY OF CUMBERLAND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-5599 Civil Term
Summons in Civil Action Law and
Plaintiff's Request for Entry Upon
Des igna ted Land
Jeremy J. Houp
VS
Lawton and Evelyn B. Rovegno,
Rovegno's of Carlisle, Inc. and
Richard L. Rovegno
Robert L. Fink, Sr., Deputy Sheriff, who being duly sworn according
to law, says that on October 05, 1994 at lO:25 o'clock A.M., E.D.S.T., he
served a true copy of the within Summons in Civil Action Law and Plaintiff's
Request for Entry Upon Designated Land, in the above entitled action, upon
the within named defendant, to wit: Richard L. Rovegno, by making known
unto Richad L. Rovegno, at 401 East Louther Street, Carlisle, Cumberland
County, Pennsylvania, its contents and at the same time handing to him
personally the said true and attested copy of the same.
Robert L. Fink, Sr., Deputy Sheriff, who being duly sworn
according to law, says that on October 05, 1994 at 10:25 o'clock A.M.,
E.D.S.T., he served a true copy of the within Summons in Civil Action Law,
in the above entitled action, upon the within named defendants, to wit:
Lawton and Evelyn B. Rovegno and Rovegno's of Carlisle, Inc., by making
known unto Richard L. Rovegno, adult in charge at time of service, at 401
East Louther Street, Carlisle, Cumberland County, Pennsylvania, its contents
and at the same time handing to him personally the said true and attested
copies of the same.
Sheriff's Costs:
Docketing
Service
Surcharge
So
Sworn and Subscribed to Before Me
.
26.00
2.80
8.00
36.80 Pd. by Atty.
10-07-94
R.
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This 11 ~
1994, A.D.
Day of (ij c:r;:t..-
9~ LL. (1. 'tJ<..Llf<_ . ~"
Pr t onotary I
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I.AW (j'''IC.~
GOLDBERO. KArZMAN &: SHIPMAN. Pc.
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GUY H. 1A000S
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ORlW P. GANNON
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ICORRESPOND TO
HARInSIlUAG O"'ClJ
Taylor P. Andrews, Esquire
Andrews & Johnson
78 West Pomfret Street
carlisle, PA 17013
RE: Jeremy J. Houp v. Lawton & Evelyn B. Rovegno,
Richard L. Rovegno and Rovegno's of carlisle, Inc.
Cumberland County No: 94-5599
r-ear Taylor:
In reply to yours of February 1, 1996, I have no objection
whatsoever to submitting the Preliminary Objections of my client
to Judge Hess on briefs.
,
,
Very truly yours,
''''/,/ ~U;,~4. r-{-'l'V
J. ~~ J. ShIPman
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I.D, 151185
GOUluaG, 1A'I1IIlUI . S'JPIIAII, PoC: 0
320 Market .tr..t
P. O. lox 1268
H.rrl.b~r9, PA 11108-1268
(111) 234-4161
Coun..l tor Defendant.
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
CIVIL ACTION - LAW
JEREMY J 0 HOUP,
Plaintiff
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and
ROVEGNO'S OF CARLISLE, INC.,
Defendants
NO. 94-5599
PRABCIPE rOR ENTRY or APPEARANCE
TO THE PROTHONOTARY:
Please enter my appoarance on behalf of Defendants,
Lawton and Evelyn Rovegno, Richard L. Rovegno and Rovegno's of
Carlisle, Inc.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
o
51785
320 Market Street
P. O. Box 1268
HarriSburg, PA 17108-1268
(717) 234-4161
Counsel for Defendants
"
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy
of the foregoing document upon all counsel of record by
depositing the same in the united States Mail, first
postage prepaid, at HarriSburg, Pennsylvania, on the
of M/~ ~ , 1995, addressed as follows:
class,
(, ~day
Taylor P. Andrews, Esquire
Andrews & Johnson
78 West Pomfret Street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHIPMAN, P.C.
SON J. SHI N, ESQUIRE
ttorney I.D. #51785
320 Market Street
P. O. Box 1268
HarriSburg, PA 17108-1268
(717) 234-4161
Counsel for Defendants
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Jlfterlon J. Shipman, .Iquirl
1.0. 151785
GOLDalKG, KAtlMAN , SBrPMAN, P.C.
320 Market Streit
P. O. Box 1268
Harrilburq, PA 17108-1268
(717) 234-4161
Counsel for Defendants
JEREMY J. HOUP,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
CIVIL ACTION - LAW
v.
LAWTON , EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and
ROVEGNO'S OF CARLISLE, INC.,
Defendants
NO. 94-5599
PRELIMINARY OBJECTIONS IN THE NATURB or A MOTION
TO STRIKB orr A PLEADING BECAUSB or LACK OF CONFORMITY
TO LAW OR RULE OF COURT OR. IN THE ALTBRNATIVB.
A MOTION FOR A MORE SPECIPIC PLEADING
AND NOW, come the Defendants, Lawton and Evelyn B.
Rovegno, Richard L. Rovegno and Rovegno's of Carlisle, Inc., by
and through their counsel, Goldberg, Katzman' Shipman, P.C., and
file a Preliminary Objection to the Plaintiff's Complaint as
follows:
1. That paragraph 15 of Plaintiff's Complaint provides ..
follows:
15. The Defendants breached their duty to maintain the
premises in a reasonably safe condition and th.y
also breached their duty to give warning of thair
failure to maintain the premises in such a safe
condition, and the Defendants actions included but
were not limited to the f~llowing:
a. Defendants failed to give Plaintiff necessary
instruction on the operation of the elevator
where the Plaintiff was injured;
b. Defendants failed to protect Plaintiff from
the unsafe condition caused by the exposed
latching mechanism which impaled the
Plaintiff's hand. Guards could have and
should have been provided to protect the
Plaintiff from this hazard;
c. Defendants failed to protect Plaintiff from
the pinching and crushing effect of the
interior elevator door;
d. Defendants failed to warn the Plaintiff of
the hazard presented when the interior
elevator doors met;
e. Defendants failed to insure that the warning
buzzer within the elevator was operable; and
f. Defendant5 failed to direct their employee
operate the elevator for business guests, or
to take other action to protect business
guests from the harm on the elevator.
2
2. That the allegation set forth in parllgraph 15(f)...."or
to take other action to protect business guests from harm on the
elevator" is contrary to the decision of Connors v. Alleahenv
General Hosoital, 501 Pa. 306, 461 A.2d 600 (1983) and Kitzmiller
v. Riverton Consolidated Water, 38 Cumberland Law Journal 33
(Cumberland county, Hess, J. 1988), and Defendants respectfully
request that the quoted language above within paragraph 15,
subparagraph (f) of the Plaintiff's complaint be stricken, or in
the alternative, that Plaintiff be required to file a more
specific pleading.
3. That counsel for Defendants had written to counsel for
Plaintiff on two occasions requesting his agreement to stipulate
to the deletion of the language in the Complaint in question
which Plaintiff's counsel has refused. (see attached
correspondence from Defense counsel to Plaintiff's counsel
attached as Exhibit "A").
GOLDBERG, KATZMAN & SHIPMAN, P.C.
.Y;~~~sit~. .d1 y~
320 Market Street . ,'"
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
':'~:[y;
Counsel for Defendants
3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy
of th$ foregoing document upon all counsel of record by
depositing the same in the united States Mail, first class,
_ .v'I~
postage prepaid, at Harrisburg, Pennsylvania, on the ~
of (f cft>~ , 1995, addressed as follows:
day
Taylor P. Andrews, Esquire
Andrews & Johnson
78 Weat Pomfret Street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By
JE
I. 785
320 Market street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendants
I.AW 0''''(:11
GOLDBERG, KATZMAN & SUIPMAN, I'. C,
AOtW.D W KATnlAN
HARRY a GOLDGEAO
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October 5,'1995
Taylor P. Andrews, Esquire
Andrews & Johnson
78 West Pomfret street
Carlisle, PA 17013
RE: Jeremy J. Houp v. Lawton' Evelyn B. Roveqno,
Richard L. Rovegno and Rovegno's of Carlisle, Inc.
Cumberland county No: 94-5599
Dear Mr. Andrews:
I am writing to confirm our telephone conference of
October 3, 1995, during which you granted the Defendants an
extension of time within which to respond to the complaint up to
and including Friday, October 20, 1995. Upon my review of the
Complaint, I do note a general averment of negligence which I
would request your stipulation to delete. That averment is
contained in subparagraph (f) of paragraph 15, which states
"Defendants failed to direct their employee to operate the
elevator for business guests, or to take other action tQ-R~otect
business Quests from harm on the elevator". I would request your
agreement to delete the highlighted language above by way of
Stipulation of Counsel which is enclos~d, Please sign and return
the same to me and I will proceed to file an Answer to the
Complaint. Please notify me immediately it that ls not
acceptable with you so that I may take the appropriate steps on
or before October 20, 1995.
JJS/rms
Enclosure
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Jefferson J. Shipman. Esquire
1.0, 151785
GOLDBERG, KATZMAN , SBIPMAN,
320 Market Street
~. O. Box 1268
Harrisburq, PA 17108-1268
(717) 234-4161
P.c.
Counsel for Defendants
,
JEREMY J. HOUP,
Plaintiff
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
v.
CIVIL ACTION - LAW
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and
ROVEGNO'S OF CARLISLE, INC.,
Defendants
NO. 94-5599
STIPULATION OF COUNSEL
Counsel in the above-captioned matter wish to stipulate
to the dismissal of the highlighted section of subparagraph (f)
of paragraph 15, which states "Defendants failed to direct their
employee to operate the elevator for business guests, or to take
other aotion to Drotect business quests from harm on the
elevator", of the Plaintiff's Complaint. Highlighted section of
subparagraph (f) of paragraph 15 is HEREBY STRICKEN AND DELETED.
Taylor P. Andrews, Esquire
Counsel for Plaintiff
Date:
:
LAW Or"Cf,J
GOLDBERG. KATZMAN & SUIPMAN, I'.C.
,
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J. JAY COOPER
THOt.WJ E. IAEHNER
.lOHH A. STNLlR
APRtl. L STRANG-KUTAY
GUY H. IIAOOI<S
JEFFERSON J. SHlPlrUoH
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KAREN S. RlUCHTENBiAGER
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Octsber Iii 1995
Taylor P. Andrews, Esquire
Andrews & Johnson
78 West Pomfret Street
Carlisle, PA 17013
RE: Jeremy J. Houp v. Lawton' Evelyn D. Roveqno,
Richard L. Rovegno and Rovegno's of Carliale, Inc.
Cumberland County No: 94-5599
Dear Taylor:
Following our telephone conference of October 10, 1995,
enclosed please find a copy of the Kitzmiller v, Riverton
Consolidated Water case, 38 Cumberland Law Journal 33 (Cumberland
County, Hess, J. 1988), where Judge Hess ordered an overbroad
allegation of "otherwise failing to exercise d~o care under the
circumstances" stricken from the Complaint. Accordingly, please
sign and return to me the stipulation of counsel doleting that
portion of subparagraph (f) of paragraph 15 or the Complaint in
order that I may proceed to file an Answer.
JJS/rms
Enclosure
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Jetter.on J. Shipman, E.quire
1.0. 151785
GOLDBERG, KATZMAN' SHIPMAN, P.C.
320 Market Street
P. o. Box 12!8
Harri.burg, PA 17108-1268
(717) 234-4161
Counsel for Defendants
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JEREMY J. HOUP,
Plaintiff
LAWTON & EVELYN B. ROVEGNO, : NO. 94-5599
RICHARD L. ROVEGNO and
ROVEGNO'S OF CARLISLE, INC.,
Defendants
PRELIMINARY OBJECTION IN THE NATURE OF A MOTION
TO STRIKE OFF A PLEADING BECAUSE OF LACK OF CONFORMITY
TO LAW OR RULE OF COURT
AND NOW, come the Defendants, Lawton and Evelyn B. Rovegno,
Richard L. Rovegno and Rovegno's of Carlisle, Inc., by and
through their counsel, Goldberg, Katzman & Shipman, P.c., and
file the following preliminary Objection to the Plaintiff's
Amended Complaint:
1. That paragraph 15g. of the Plaintiff's Amended
Complaint states as follows:
g. Defendants failed to direct their employee to take
other action to protect business guests from harm
on the elevator.
2. That the averment contained in subparagraph g. of
paragraph 15 is contrary to the decision in Connors v. Alleqhenv
General Hospital, 501 Pa. 306, 461 A.2d 600 (19B3) and Kitzmiller
v. Riverton Consolidated Wat~~, 38 Cumberland Law Journal 33
(Cumberland County, Hess, J. 1988), and Defendants respectfully
request that the quoted language above within paragraph 15,
subparagraph (g) of the Plaintiff's Complaint be stricken.
3. The same language in question was the subject of a
Preliminary Objection filed to the Plaintiff's original
Complaint, which objection was granted by Order of Judge Kevin
Hess dated January 4, 1996 and which is attached hereto as
Exhibit "A".
4. That pursuant to the Order of Judge Hess of January 4,
1996, the Plaintiff was ordered to more specifically plead what
is meant in his Complaint by "or to take other action to protect
business guests from harm on the elevator."
5. That on January 18, 1996 the Defendant was served with
Plaintiff's Amended Complaint which contains the very same
overbroad averment of negligence.
WHEREFORE, the Defendants respectfully request that
subparagraph g. of paragraph 15 of the Plaintiff's Complaint be
stricken.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
son J. Shlpm re
#51785
Counsel for Defendants
2
.JAN
,;
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL AcrlON -l.AW
JEREMY 1. HOUP,
Plaintiff
LA WTON AND EVELYN B.
ROVEGNO, RICHARD L
ROVEGNO, and ROVEGNO'S
OF CARLISLE, INC.,
Defendants
94-5599 CIVIL TERM
IN RE: PRELIMINA~.Y OBJEcrlONS IN THE NATURE OF A MOTION TO STRIKE
OFF A PLEADING BECAUSE OF LACK OF CONFORMITY TO LAW OR RULE OR
COURT OR. IN THE ALTERNATIVE. A MOTION FOR A MORE SPECIFIC PLEADING
BEFORE HESS AND OLER. 11,
ORDER
AND NOW, this
..;"
day of January, 1996, following argument thereon, the
within preliminary objections are GRANTED and the plaintiff is directed to file a more specific
pleading with respect to what is meant by the words. in paragraph 15(f) of the complaint, .or to
take other action to protect business guests from the harm on the elevator," Said amended
pleading shall be filed within twenty (20) days hereof and if said pleading is not filed, said
language shall be deemed stricken.
BY THE COURT,
Taylor P. Andrews, Esquire
For the Plaintiff
//;1..
Jefferson J. Shipman, Esquire
For the Defendants
:rlm
t~h,bl f "A ,I
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served on the following counsel of record, by depositing the same
in the united States Mail, postage prepaid, in Harrisburg,
Pennsylvania, on January 31, 1996:
Taylor P. Andrews, Esquire
Andrews & Johnson
78 West Pomfret Street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHIPMAN, P.C.
on J. Shlp
32 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Identification No.: 5i785
Telephone: (717) 234-4161
Counsel for Defendants
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1.0. 151785
GOLDBERG, KATZMAN & SHIPMAN. P.C.
320 Mark.t Street
P. O. 80x 1268
Harriaburq. PA 1710B-1268
(717) 234-4161
Counsel for Defendants
JEREMY J. HOUP,
Plaintitf
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-5599
v.
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and
ROVEGNO'S OF CARLISLE, INC.,
Defendants
BRIEF IN CONJUNCTION WITH THE
PRELIMINARY OBJECTIONS IN THE NATURE OF A MOTION
TO STRIKE OFF A PLEADING BECAUSE OF LACK OF CONFORMITY
TO LAW OR RULE OF COURT
A. FACTUAL BACKGROUND
This lawsuit arises out of an accJ.dent which occurred on
April 29, 1994 involving an injury to the Plaintiff's right hand
while he was operating a freight elevator at the Defendants'
place of business. The lawsuit was initiated by a Complaint
which contained an overbroad allegation of negligence to which
there were preliminary Objections filed. The Court, by Judge
Hess, issued an Order dated January 4, 1996 granting the
Preliminary Objections of Defendants and ordering the Plaintiff
to more specifically plead what is meant by the words in
Paragraph 15. "or to take other action to protect business guests
from the harm on the elevator". On January 18, 1996 counsel tor
che Defendants were served with the Plaintiff's Amended Complaint
which, again, contains the very same overbroad allegation of
negligence that, "Defendants failed to direct their employee to
take other action to protect business guests from harm on the
elevator."
B. DISCUSSION
Plaintiff's Amended Complaint contains a general statement
of negligence in paragraph 15g., which is contrary to the
decision in Connors v. Alleqhenv General Hoscital, 501 Pa, 306,
461 A.2d 600 (1983) and Kitzmiller V. Riverton Consolidated
Water, 38 Cumberland Law Journal 33 (1988). The averment i.
contrary to This Honorable Court's Order of January 4, 1995,
attached to the Preliminary Objection as Exhibit "A".
man, Esqu re
C. CONCLUSION.
The Defendants repectfully request that the above
allegation at paragraph 15. g. be stricken.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
2
..
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served on the following counsel of record, by depositing the same
in the United states Mail, postage prepaid, in Harrisburg,
Pennsylvania, on January 31, 1996:
Taylor P. Andrews, Esquire
Andrews & Johnson
78 West Pomfret Street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHIPMAN, P.C.
. Sh man,
o Market Street
.0. Box 1268
Harrisburg, PA 17108-1268
Identification No.: 51785
Telephone: (7l7) 234-4161
Counsel for Defendants
~
Jefferson J. shipman, Esquire
1.0. 151185
GOLDBERG, KATZMAN & SHIPMAN,
320 Market Street
P. O. Box 1268
Harriaburq, PA 17108-1268
(717) 234-4161
P.c.
Counsel tor Defendants
JEREMY J. HOUP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.
.
.
.
v.
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and
ROVEGNO'S OF CARLISLE, INC.,
Defendants
NO. 94-5599
BRIEF IN CONJUNCTION WITH THE
PRELIMINARY OBJECTIONS IN THE NATURE OF A MOTION
TO STRIKE OFF A PLEADING BECAUSE OF LACK OF CONFORMITY
TO LAW OR RULE OF COURT
A. FACTUAL BACKGROUND
This lawsuit arises out of an accident which occurred on
April 29, 1994 involving an injury to the Plaintiff's right hand
while he was operating a freight elevator at the Defendants'
place of business. The lawsuit was initiated by a Complaint
which contained an overbroad allegation of negligence to which
there were Preliminary Objections filed. The Court, by Judge
Hess, issued an Order dated January 4, 1996 granting the
Preliminary Objections of Defendants and ordering the Plaintiff
to more specifically plead what is meant by the words in
Paragraph 15. "or to take other action to protect business guests
from the harm on the elevator". On January 18, 1996 counsel for
the Defendants were served with the Plaintiff's Amended Complaint
which, again, contains the very same overbroad allegation of
negligence that, "Defendants failed to direct their employee to
take other action to protect business guests from harm on the
elevator."
B. DISCUSSION
Plaintiff's Amended Complaint contains a general statement
of negligence in paragraph 15g., which is contrary to the
decision in Connors v. Alleahenv General HosDital, 501 Pa, 306,
461 A.2d 600 (1983) and Kitzmiller v. Riverton Consolidated
Water, 38 Cumberland Law Journal 33 (1988). The averment is also
contrary to This Honorable Court's Order of January 4, 1996,
attached to the Preliminary Objection as Exhibit "A".
C. CONCLUSION.
The Defendants repectfully request that the above quoted
allegation at paragraph 15. g. be stricken.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Esqulre
2
CERTIFICATE OF SERVICE
I hereby certify that a copy ot the foregoing has been duly
served on the following counsel of record, by depositing the same
in the United States Mail, postage prepaid, in Harrisburg,
Pennsylvania, on January 31, 1996:
Taylor P. Andrews, Esquire
Andrews & Johnson
78 West Porn fret Street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHIPMAN, P.C.
. Sh man,
o Market Street
.0. Box 1268
Harrisburg, PA 17108-1268
Identification No.: 51785
Telephone: (717) 234-4161
Counsel for Defendants
from the harm on the elevator". On January 18, 1996 counsel tor
the Defendants were served with the Plaintiff's Amended Complaint
which, again, contains the very same overbroad allegation of
negligence that, "Defendants failed to direct their employee to
take other action to protect business guests from harm on the
elevator."
B. DISCUSSION
Plaintiff's Amended Complaint contains a general statement
of negligence in paragraph 15g., which is contrary to the
decision in Connors v. Alleohenv General HosDital, 501 Pa, 306,
461 A.2d 600 (1983) and Kitzmiller v. Riverton Consolidated
Water, 38 Cumberland Law Journal 33 (1988). The averment is also
contrary to This Honorable Court's Order of January 4, 1996,
attached to the Preliminary Objection as Exhibit "A".
C. CONCLUSION. "
The Defendants repectfully request that the above quoted
allegation at paragraph 15. g. be stricken.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
Esqu re
2
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been duly
served on the following counsel of record, by depositing the same
in the united States Mail, postage prepaid, in Harrisburg,
Pennsylvania, on January 31, 1996:
Taylor P. Andrews, Esquire
Andrews & Johnson
78 West Pomfret Street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHIPMAN,
. Sh man,
o Market Street
.0. Box 1268
Harrisburg, PA 17108-1268
Identification No.: 51785
Telephone: (717) 234-4161
Counsel for Defendants
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
JEREMY J. HOUP,
Plaintiff
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO, and
ROVEGNO'S OF CARLISLE, INC.,
Defendants
NO. 94-5599 CIVIL TERM
PLAINTIFF'S BRIEF OPPOSING
DEFENDANTS' PRELIMINARY OBJECTION
TO PLAINTIFF'S AMENDED COMPLAINT
I. HISTORY
This lawsuit arises out of an accident which occurred on April 29, 1994, in an elevator located in
a premises owned by the Defendants. At the time of the injury, an agent of the owners was present in the
owners' building.
F. Defendants failed to direct their employee to operate the elevator for bUlinels
guests, or to take other action to protect business guests from the hann on the
elevator.
In the original complaint Plaintiff alleged the Defendants' negligence in paragraph IS. 'The
paragraph contained six subparts which stated specifically the conduct of the Defendants which PlaIntiff
contended supported the cause of action. Subsection F originally read:
Defendants filed a Freliminary objection to this original averment claiming that it
general averment of negligence. This original preliminary objection was bri~fed and argued. At
Plaintiffs counsel explained that the phrase "or to take other action to protect business guests from cbe
harm on the elevator" referred to directions from the Defendants to their employee. During argument the
Court indicated that this was unclear and that this phrase may refer to other conduct by the Defendant
rather than instructions to the employee.
The Court sustained the original preliminary objection by order of Judge Hess dated January 4,
1996. Plain!iff was directed to file a more specific pleading with respect to what is mean! by the words "or
to !JIke other action to protect business guests from the harm on the elevator. "
Plaintiff's amended complaint split the avennenlS of the original subparagraph F into two separate
averments, This was to make it clear thaI the phrase "or to take other action to protect business guests
from the harm on the elevator" referred only to instructions by the Defendants to their on-site employee.
Therefore. the original subsection F became subsections F and G as follows:
F. Defendants failed to direct their employee to operate the elevator for business
guests.
G. Defendants failed to direct their employee 10 take other aClion 10 protect business
guests from harm on the elevalor.
Defen.:lants have again objected to paragraph G as a general averment of negligence.
II. QUESTION PRESENTED
IS AN AVERMENT THAT DEFENDANTS FAILED TO DIRECT THEIR ON-SITE
AGENT TO TAKE ACTION TO PROTECT BUSINESS GUESTS FROM HARM
PRESENTED BY AN ELEVATOR AN OBJECTIONABLE GENERAL AVERMENT
OF NEGLIGENCE?
III. ARGUMENT
The ambiguity created by the language in the original complaint has been corrected. The pbrue
"take other action to protect business guests from harm on the elevator" now clearly relates to the direction
of the Defendants to their employee. This phrase can no longer be interpreted to be a statement of general
negligence on the part of the Defendants.
Plaintiff contends that the clarification sought by Judge Hess in his January 4th Order has been
provided.
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IV, CONCLUSION
Plaintiff respectfully rcquesta thai DefendanlS' preliminary objecllon 10 the Amended Complainl
be dlamillSed.
ANDREWS & JOHNSON
DATE: February , 2.-
.1996
By:
ylo P. Andrews. Esqu.ire
el for Plaintiff
78 Wesl Pomfret Streel
Carlisle. PA 17013
Phone: 717-243-0123
Supreme Coun 10 No. IS641
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - LAW
JEREMY J. HOUP.
Plaintiff
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO, and
ROVEGNO'S OF CARLISLE, INC..
Defendants
: NO. 94-5599 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby cenify that on this date, _F..J.. / z- , 1996, I mailed a copy of Plaintiffs Brief
Opposing Defendant's Prelintinary Objection to Plaintiffs Amended Complaint as captioned above to
counsel for Defendants, Jefferson J. Sh!pman, Esquire, at the following address by U.S. Mail, postage
prepaid:
Jefferson J. Shipman. Esq,
Goldberg, Katzman & Shipman, P.C.
320 Market Street, Strawberry Square
PO Box 1266 .
Harrisburg, PA 17108-1268
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JI1REMY J. HOUP.
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION. LAW
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO, and
ROVEGNO'S OF CARLISLE, INC.,
DefendanlS
NO. 94-5599 CIVIL TERM
PLAINTIFF'S BRIEF OPPOSING
DEFENDANTS' PRELIMINARY OBJECTION
TO PLAINTIFF'S AMENDED COMPLAINT
i,
I.
HISTORY
This lawsuit arises out of an accident which occurred on April 29, 1994, in an elevator located in
a premises owned by the DefendanlS. At the time of the injury. an agent of the owners was present in the
owners' building.
In the original complaint Plaimiff alleged the DefendanlS' negligence in paragraph 15. The
paragraph contained six subparlS which stated specifically the conduct of the DefendanlS which Plaintiff
contended supported the cause of action. Subsection F originally read:
F. Defendants failed to direct their employee to operar,e the elevator for business
guests, or to take other action to protect business gueslS from the hann on the
elevator.
Defendants filed a preliminary objection to this original avennent claiming that it constituted a
general avennent of negligence. This original preliminary objection was briefed and argued. At argument,
Plaintiffs counsel explained that the phrase "or to take other action to protect business gueslS from the
hann on the elevator" referred to directions from the Defendams to their employee. During argument the
Court indicated that this was unclear and that this phrase may refer to other conduct by the Defendant
rather than instructions to the employee,
The Court sustained the original preliminary objection by order of Judge Hess dated January 4.
1996. Plaintiff was directed to file a more specific pleading wllh respect to whal is meant by the words .or
to lake other action 10 protect business guests from the harm on Ihe elevator. .
Plaintiffs amended complaint splitlhe averments of the original subparagraph F inlO two separate
averments. This was to make it clear thatlhe phrase .or to take other action 10 protect business guests
from the harm on Ihe elevator" referred only to instructions by Ihe Defendants to their on-site employee.
Therefore, Ihe original subseclion F became subsections F and G as follows:
F. Defendants failed 10 direct their employee to operate Ihe elevator for business
guests .
G. Def.:ndants failed to direct their employee to take olher action to protect business
guests from harm on Ihe elevator.
Defendants have again objected 10 paragraph G as a general averment of negligence.
II. QUESTION PRESENTED
IS AN AVERMENT THAT DEFENDANTS FAILED TO DIRECT THEIR ON-SITE
AGENT TO TAKE ACTION TO PROTECT BUSINESS GUESTS FROM HARM
PRESENTED BY AN ELEVATOR AN OBJECTIONABLE GENERAL AVERMENT
OF NEGLIGENCE?
III. ARGUMENT
The ambiguity created by Ihe language in the original complaint has been corrected. The phrase
"take olher action 10 protect business guests from harm on the elevator" now clearly relales 10 the direction
of the Defendants 10 their employee. This phrase can no longer be interpreted to be a statement of general
negligence on Ihe part of the Defendants.
Plaintiff contends Ihatlhe clarification sought by Judge Hess in his January 41h Order has been
provided.
IV. CONCLUSION
Plaintiff respectfully requeSlS dtat Defendants' preliminary objection to the Amended Complaint
be dilmiased.
ANDREWS &; JOHNSON
ylo P. Andrews, Esquire
el for PlaiOliff
78 West Pomfret Street
Carlisle, PA 17013
Phone: 717-243-0123
Supreme Court 10 No. ISMI
DATE: February 12-
.1996
By:
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
JEREMY J. HOUP,
Plaintiff
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO, and
ROVEGNO'S OF CARLISLE, INC.,
Defendan15
NO. 94-5599 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby cenify that on this date, 5t. / z- , 1996, I mailed a copy of Plaintiff's Brief
Opposing Defendant's Preliminary Objection to Plaintiffs Amended Complaint as captioned above to
counsel for Oefendan15, Jefferson J. Shipman, Esquire, at the following address by U.S. Mail. postage
prepaid:
Jefferson J. Shipman, Esq.
Goldberg, Katzman & Shipman, p.e.
320 Market Street, Strawberry Square
PO Box 1266 .
Harrisburg, P A 17108-1268
~
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CERTIFICATE OF,~ERVICE
I HEREBY CERTIFY that I served a true and correct copy
of the foregoing document upon all counsel of record by
depositing the same in the United states Mail, first
::stx:::1d,
-
at Harrisburg, Pennsylvania, on the
class "'"
I~- d;Y
, 1996, addressed as follows:
Taylor P. Andrews, Esquire
Andrews , Johnson
78 West pomtret Street
CarliSle, PA 17013
GOLDBERG, KATZMAN' SHIPMAN, P.C.
JE, , ESQ.
orney I.D. #51785
o Market Street
. O. Box 1268
HarriSburg, PA 17108-1268
(717) 234-4>161
Counsel for Defendants
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No. 94-5599 Civil Term
Cumhcrhllld County, SS:
The CUlIlIllollwt'alth of PClIlIsylvania to M..ll fa.." 1l~11
(Name 01 Addidonal Defendanel
431 North J:!.slDQY~LStreet..c;;.G1,J"l!!lJ.e. Pa, 17013
YOII arc Ilotified lh.lt ~.Jl..Jloveano, Richard L. Roveano and
(Name (II 01 Defendanl (s)
m..R~l!l:lisle.,._IIl<;'.
has (have) joined YUII as an additional defendant in this action, which you are re-
quired to defend.
Datc.__,March.l5..,1996
Lawrence E. Welkpr
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Harr!.burg, PA 17108-1368
(717) 334-4161
JEREMY J. HOUP,
Plaintiff
Counsel tor Defendants
IN THB COURT OJ' COMMON PLEAS
CUMBERLAND COUNTY, PENNA
CIVIL ACTION - LAW
NO. 94-5599
v.
LAWTON , EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and
ROVEGNO'S or CARLISLE, INC.,
Defendants
_OTIC. '1'0 PLIIAD
TO: Jeremy J. Houp, Plaintiff,
and his attorney,
Taylor P. Andrews, Esquire
Andrews , Johnson
78 West Pomfret street
carlisle, PA 17013
You are hereby notified to file a written response to
the enclosed Answer and New Matter of Defendants, Lawton and
Evelyn B. Rovegno, Richard L. Rovegno and Rovegno'8 of carlisle,
Inc., to Plaintiff's Amended Complaint, within twenty (20) days
from service hereof or a jUdgment may be entered aqainst you.
GOLDBERG, KATZMAN' SHIPMAN, P.C.
B
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#51785
o Market street
P. O. Box 1268
Harrisburq, PA 17108-1268
(717) 234-4161
Counsel for Defendantsl
J.".~eoft J. Ibl~, 'equl~.
1.0. 111715
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320 Nazket .t~..t
p, O. IIox 1261
B.~~1.bu~9, PA 17101-12"
(717) aJ4-UIl
..e.
Coun.el tor Defendant.
JEREMY J. HOUP,
Plaintiff
IN THB COURT or COMMON PLEAS
CUMBERLAND COUNTY, PENNA
CIVIL ACTION - LAW
I
.
.
v.
LAWTON , EVELYN B. ROVEGNO,
RICHARD L. ROVBGNO and
ROVBGNO'S or CARI,ISLB, INC.,
Defendants
NO. 94-5599
u.... un ... KATTD 01' DBI'D1DAII'1'.. LAWTO. UD
.vwL~ B. ROVEGNO. RICHARD L. ROVEGNO AND
ROVEGNO'S OF CARLISLE. INC.
AND NOW, come the Defendants, Lawton and Evelyn B.
Roveqno, RiChard L. Roveqno and Rovegno's of Carlisle, Inc., by
and through their counsel, Goldberg, Katzman' Shipman, P.C., and
tile the ~ollowing Answer and New Matter in reply to the Amended
Complaint of Plaintiff, Jeremy J. Roup:
U.1fD
1 . Admitted.
:a. Adaitted.
3. AdIlitte4.
4. Adaitted.
5. Acblitted.
6. Acblitted in part, denied in part. It is adaitted that
as of April 29, 1994, the Defendants, Lawton and Evelyn 8.
Rovegno, Richard L. Roveqno, were engaged in the businees of
leasing storage spaces on the second floor of the building at 401
East Louther street, Carlisle, Pennsylvania. It is denied that
Defendant, Rovegno's of Carlisle was engaged in thia business.
7. Admitted. 8y way of further answer, see answer to
number 6.
8. Denied. The Defendanto are without information
sufficient to form a belief as to the truth or falsity of the
averments in this paragraph and, therefore, deny the same and
demands strict proof at time of trial if deemed material.
9. Denied. The Defendants are without information
sufficient to form a belief as to the truth or falsity of the
averments in this paragraph and, therefore, deny the same and
demands strict proof at time of trial if deemed material.
2
10. Denied. The Defend.nt. .r. without inforaation
aufficient to fo~ a belief a. to the truth or f.l.ity of the
.veraanta in this par.gr.ph .nd, therefor., d.ny the .... and
d...nd. strict proof at ti.e of tri.l if deemed materi.l.
11. It is admitted that the use of the elevator for acces.
and for .ove.ent of stored iteme by Meli.sa Breadwell and those
who would a..i.t her wae foreseeable by Defendants. By way of
furth.r answer, it i. averred that Helissa Breadwell wa. given
.pecific instructions concerning the .anner in which she should
us. the elsvator for access and for the movement of stored ite.s
by her which instructions would apply to hersslf and to any
person or persons assisting her.
12. The averments in this paragraph constitute conclusions
of law to which no response is required.
13. Denied. It is specifically denied that Defendants
breached their duty to act with the alleged highest deqree of
care toward. the Plaintiff in the use of the elevator by failing
to protect the Plaintiff from the doors of the elevator.
14. Denied. The averments in this paragraph constitute
conclusions of law to which no response is required. In the
event a response is deemed to be required, the averments
3
contained therein are .pecifically denied. By way of further
anawer, the Defendant. .aintain their pre.i.e. in a rea.onably
.ate condition for the contemplated uae thereof.
15. Denied. It i. .pecifically denied that the Defendant.
breached their duty to maintain the premiaea in a reaaonably aafe
condition. The remaining averment. in paragraph 15 are alao
specifically denied.
a) It ia apecifically denied that Defendanta failed
to give the Plaintiff necessary instructions in
the operation of the elevator where the Plaintiff
was injured. The Defendants gave apecific
instructions to their tenant, Meliasa Breadwell
for use of the elevator which instructions apply
to anyone assisting Ms. Breadwell in the movement
of her items;
b) Denied. It is specifically denied that Defendants
failed to protect the Plaintiff from an allegedly
unsafe condition caused by the exposed latching
mechanism which allegedly impaled the Plaintiff'.
hand. It is specifically denied that guarda could
ha~e and should have been provided to protect
Plaintiff from this alleged hazard. By way of
further answer, it is averred that the accident
was caused by the contributory negligence ot the
4
Plaintiff and by hi. knovinq and consoious
assuaption of . known and obvious risk and/or
oondition;
0) Denied. It i. .peoifically denied that the
Defendants failed to protect the Plaintiff from
the elevator door;
d) It i. .pecifically denied that the Defendants
failed to warn the Plaintiff of the alleqed hazard
pre.ented when the elevator doors met;
e) It is specifically denied that the Defandants
failed to assure that the warning buzzer within
the elevator was operable;
f) Denied. In the event that assistance in the use
of the elevator was needed, an employee of
Defendants was available to operate the elevator.
q) Denied. It is specifically denied that the
Defendants failed to direct their e.ployee to take
other action to protect business guests from harm
on the elevator.
16. Denied. The averments in this paraqraph are in part
conclusions of law to which no response is required. By way of
further answer, the Defendants are without information .ufficient
to form a belief as to the truth of the injuries sustained by the
5
plaintiff and, th.r.for., d.ny the sas. and d..ands strict proof
at ti.. of trial if d....d mat.rial.
17. D.ni.d. After reasonable inv.stigation, Def.ndants are
without information sufficient to form a beli.f as to the truth
or falsity of the averments in this paragraph and, ther.for.,
deny the sam. and demands strict proof at time of trial if d..m.d
material.
18. Denied. After reasonable investigation, Defendants are
without information sufficient to form a belief as to the truth
or falsity of the averments in this paragraph and, ther.fore,
deny the same and demands strict proof at time of trial if deemed
material.
WHF~EFORE, the Defendants, Lawton and Evelyn B.
Rovegno, Richard L. Roveqno and Rovegno's of CarliSle, Inc.,
respectfully request that judgment be entered in their favor and
that the plaintiff's Amended complaint be dismissed with
prejudice.
HEW IlATTD
By way of additional answer and reply, D.f.ndants,
Lawton and Evelyn B. Rovegno, Richard L. Rovegno and Roveqno's of
Carlisl., Inc., interpose the following New Matters:
6
20. That the Plein~itf ha. tailed ~o .~ate a cau.e ot
action a9ain.~ the Defendant..
21. That the Defendant. owed no duty ot care to the
Plaintiff.
22. That the Plaintiff'. injuriee and daaage. were not
cau.ed by any acts, omi..ions, or breaches of duty by Defendan~.,
but were cau.ed in whole or in part or were contributed to by the
negligence, fault or want of care of the Plaintiff.
23. That the Plaintiff's cause of action i. barred in whole
or in part by the Doctrine of Comparative Negligence.
24. That the Plaintiff assumed the risk of the injuries
allegedly sustained by him by reason of his own negligence and
carelessness.
25. That the Plaintiff was comparatively negligent and
failed to exercise reasonable care for hi. own eafety in the
following:
a)
b)
closing the doors of the elevator together in a
reckless manner;
failing to remove his hand from the area of the
doors of the elevator;
7
c) clo.inq the door. of the elavator together too
quickly;
~) tailing to be attentive and to vatch a. h. va.
clo.ing the door. of the elavator;
e) failing to obtain instruction or a.sistance on the
use of the elevator;
f) failing to avoid an open and obvious danger
involving the elevator doors;
g) failing to turn on the liqht to the elavator; and
h) closinq the doors of the elevator in a hurried or
otherwise inappropriate manner.
26. That the Plaintiff's failure to exercise rea.onable
care for his own satety vas a substantial factor in the happening
of the accident.
27. That the accident and any injuries and damage.
sustained by the Plaintiff may have been caused in vhole or in
part by the negligence of third persons not presently involved in
this action.
WHEREFORE, the Defendants, I.awton and Evelyn B.
Rovegno, Richard L. Roveqno and Rovegno's of Carlisle, Inc.,
8
~e.pectfully r.que.t that j'~~ent be entered in their favor and
that the Plaintiff'. Aaended Co.plaint be di..i.sad with
prejudice.
GOLDBERG, KATZMAN' SHIPMAN, P.C.
ON 3. , ESQ.
.0. #51785
330 Market Street
P. O. Box 1368
Ha~ri.burg, PA 17108-1368
(717) 334-4161
Counsel for Defendant.
9
VERIFICATION
We, Lawton and Evelyn B. Roveqno and Richard L.
Roveqno, hereby acknowledqe that we are the Defendants in this
action; that we have read the foreqoinq document and that the
facta atated therein are true and correct to the beet of our
knowledqe, information and belief.
We under.tand that any false statements herein are mede
subject to penalties of 18 Pa. C.S. Section 4904, relating to
unsworn faleification to authorities.
/-.] -' ",
.~ I
';::':(':..'.'f(>".-\ ( Ii a-v <cry--rot,'
LAWTON ROVEGNO
, \
;-.-- A
~ r1 r
EVELYN R
I' ~ ('
I (J~ '/-(
EG O!
,
,I
RI
Date: 3/1'1;'''
v.
IN THE COURT OF COMMON PLEAS OF
CUMBER1..AND COUNTY . PENNSYLVANIA
CIVIL ACTION - LAW
JEREMY J. HOUP.
Plaintiff
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO, and
ROVEGNO'S OF CARLISLE, INC..
Defendants
NO. 94-SS99 CIVIL TERM
PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATI'ER
20. This is a conclusion of law requiring no response.
21. This is a conclusion of law requiring no response.
22. Denied.
23. This is a conclusion of law requiring no response.
24. This is a conclusion of law requiring no response. To the extent this averment contains
averments of fact, they are denied,
2S. It is denied that Plaintiff was comparatively negligent and failed to exercise reaaonable care
in the specific ways referenced in Subsections a.h.
26. Denied.
27. Denied.
WHEREFORE, Plaintiff renews the prayer originally sel fonh in his Amended ComplalDt.
ANDREWS & JOHNSON
By:
: IN THE COURT OP COMMON PLEAS OP
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
JEREMY J. HOUP,
Plaintiff
v.
LAWTON .t EVELYN 8. ROVEGNO,
RICHARD L. ROVEGNO, and
ROVEGNO'S OF CARLISLE, INC..
Defendants
NO. 94-SS99 CIVIL TERM
CERTIFICATE OF SERVICE
t\"14-~ OZ'"
I hereby cenify lhal on this dale,
, 1996, I mailed Plalnliff's Reply
10 New Maller 10 counsel for DefendanLS allhe foilowing address by U.S. Mail. poIJlage prepaid:
Jefferson J. Shipman, Esq,
Goldberg, Katzman & Shipman, P.C.
PO Box 1268
Harrisburg, PA 17108-1268
a r P. Andrews, Esq.
omey for Plaintiff
,'"
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Jetter.on J. Shipman, I.quire
1.0. 151785
GOLDBIIlG, KATZHAIl' II SHIPHAIl', P.C.
320 Market Street
P. o. Box 1268
Harriaburq, PA 17108*1268
(717) 234-4161
Counsel for Defendants
JEREMY J. HOUP,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-5599
LAWTON , EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and
ROVEGNO'S OF CARLISLE, INC.,
Defendants
v.
MELISSA M. BRIDWELL,
Additional Defendant
.
.
fBAE.Cill
TO THE PROTHONOTARY:
PLEASE reissue the Writ of Summons in the above-captioned
matter against the Additional Defendant, Melissa M. Bridwell, of
77 Betty Nelson Court-5A, Carlisle, CUmberland County,
Pennsylvania, 17013.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
re
17108-1268
Identification No.: 5178522
Telephone: (717) 234-4161
,-
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy
of the foregoing document upon all counsel of record by
depositing the same in the United States Mail, first class,
postage prepaid, at Harrisburg, Pennsylvania, on April 10, 1996:
Taylor P. Andrews, Esquire
Andrews , Johnson
78 West Pomfret Street
Carlisle, PA 17013
GOLDBERG, KATZMAN' SHIPMAN, P.C.
rson J. pman, Esqu re
20 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Identification No.: 51785
Telephone: (717) 234-4161
Jetter.on J. Shipman, lequir.
I.D. 151785
GOI.IlBIRQ, KATIMAII , SHIPMAII. P.C.
320 Market Street
P. o. Box 1268
Harri.burg, PA 17108-1268
(117) 234-4161
Counsel for Defendants
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JEREMY J. HOUP,
Plaintiff
LAWTON , EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and
ROVEGNO'S OF CARLISLE, INC.,
Defendants
NO. 94-5599
v.
MELISSA BRIDWELL,
Additional Defendant
TO: Melissa Bridwell
Additional Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take action
within ~enty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by
attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment'~ay be entered against you by the Court without further
notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HF-LP.
Court Administrator, Third Floor
Cumberland County Courthouse
Carlisle, PA 17013
Telephone: (717) 249-1133
~
4
~
~
~
Le had demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestaa en laa paginas siquientea,
usted tiene viente (30) dias de plazo al partir de la techa de la
demanda y la notiticacion. Usted debe presentmr usa apariencia
escrlta 0 en persona 0 por abogado y archivar en la corte en
forma escrita sus defensas 0 sus objectiones alas demandas en
contra de su persona. Sea advisado que si usted no se defiende,
la sin previo aviso 0 notiticacion y por cualquier quja 0 puede
perder dinero 0 sus propiedades 0 otros derechos importantes para
usted.
LLEVE ESTA DEMANDA A UN ABODADO IMMEDIATAMENTE. 51 NO TIENE
ABOGADO 0 51 NO TIENE EL DINERO SUFICIENTE 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.
Court Administrator, Third Floor
cumberland county Courthouse
Carlisle, PA 17013
Telephone: (717) 249-l133
2
<
~
.
~
Jaffer.on J. Shipman, I.quire
1.0. 151785
GOLD8IRG, KATZMAN , SHIPMAN,
320 Market Street
P. G. 80x 1268
Harri.burg, PA 17108-1268
(717) 234-4161
P.c.
counsel for Defendants
JEREMY J. HOUP,
Plaintiff
IN THE COURT OF COMMON PLEAS or-
CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
.
.
.
: CIVIL ACTION - LAW
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and NO. 94-5599
ROVEGNO'S OF CARLISLE, INC.,
Defendants
v.
.
.
MELISSA BRIDWELL,
Additional Defendant
COMPLAINT TO JOIN ADDITIONAL DEFENDANT,
MELISSA BRIDWELL
AND NOW, come the Defendants, Lawton and Evelyn B.
Rovegno, Richard L. Rovegno and Rovegno's of Carlisle, Inc., and
file the following Complaint joining Additional Defendant,
Melissa Bridwell:
1. Defendants, Lawton and Evelyn B. Rovegno and Richard L.
Rovegno, are adult individuals collectively referred to herein
the Rovegnos.
'.
..
~
'.
~. Additional Defendant, Melissa Bridwell, is an adult
individual and Yho last known residence address was at 77 Betty
Nelson Court-SA, Carlisle, Cumberland County, Pennsylvania.
3. That on January 16, 1996 the Plaintiff, Jeremy Houp,
through his attorney, Taylor Andrews, tiled an Amended Complaint
which is incorporated herein without admission or adoption and is
attached as Exhibit "A" to this joinder complaint.
4. That on or about March 13, 1996 the Rovegnos filed a
praecipe for writ of Summons joining Melissa Bridwell as an
Additional Defendant to this lawsuit, which is attached as
Exhibit "B".
5. That on March 15, 1996 the Rovegnos filed an Answer
with New Matter defenses in reply to the Complaint of Jeremy
Houp, Which Answer is incorporated herein by reference and
attached as Exhibit "C".
6. That liability on the part ot the Rovegnos is
specifically denied.
7. That if the averments contained in Jermey Houp's
Amended Complaint are established, said averments being
specifically denied as they relate to the Rovegnos, then the
injuries and damages complained of were cause solely or in part
by the negligence of the Additional Defendant, Melissa Bridwell.
8. That on April 29, 1994 Melissa Bridwell was a tenant of,
the Rovegnos and had been leasing storage space on the second
2
.
4
,
floor of the Rovegno& building at 401 East Louther street,
Carlisle, cumberland County, pennsylvania.
9. That prior to April 39, 1994 Melissa Bridwell had
received specific instructions on the safe operation ot an
elevator leading to the second floor storage area.
10. That Melissa Bridwell had also received notice and was
aware of her responsibility for any and all guests ot hers at 401
East Louther street, Carlisle, PA.
11. That on April 29, 1994 Melissa Bridw~ll invited Jeremy
Houp and others to the property in question to assist her in
moving her own personal property.
12. That while Melissa Bridwell and Jeremy Houp and others
were in the process of using the elevator to move Bridwell's
personal property, Jeremy Houp claims that he closed the elevator
doors on his hand, sustaining various personal injuries.
13. That Melissa Bridwell was present in the elevator at
the time of Jeremy Houp'S injury.
14. That Melissa Bridwell permitted at least seven persons
to be in the elevator at the same time.
15. That at no time prior to the accident did Melissa
Bridwell notity the Rovegnos of her intention to invite Jeremy
Houp and others tG the property on April 29, 1994.
16. That Melissa Bridwell did not seek any assistance from
the Rovegnos or anyone else at 401 East Louther street, Carlisle,
on April 29, 1994 with use of the elevator.
3
.
.
17. That Meli..a Bridwell had used the elevator in question
betore April 39, 1994 without incident or injury.
18. That Melissa Bridwell did not give any instruotion to
Jeremy HOUP before he attempted to close the elevator doors.
19. That Melissa Bridwell did not turn on the light in the
elevator in question betore Jeremy Houp attempted to close the
elevator doors.
20. That the injuries and damages alleged by Jeremy Houp
were a direct and proximate cause of the negligence and
carelessness ot Melissa Bridwell in that she:
A. Allowed Jeremy Houp to operate the elevator and
close the elevators doors;
B. Failed to instruct Jeremy Houp on the correot
manner in which to operate the elevator;
C. Failed to turn on the light inside the elevator in
question;
D. Failed to operate the elevator herself;
E. Failed to be attentive to who was closing the
elevator doors and how the doors were being closod;
F. Failing to inform Jeremy Houp to remove his hand
from between the elevator doors as they were closing;
G. Permitting Jeremy Houp and others to close the
elevator doors in a careless or reckless manner; and
H. Failing to notify the Rovegnos of Jeremy Houp's
presence and failing to obtain assistance and further
4
.
~
.
.
.
instruction on the correct operation of the elevator if
necessary.
WHEREFORE, the Defendants, Lawton and Evelyn B. Rovegno,
Richard I,. Rovegno and Rovegno's of Carlisle, Inc., respectfully
request that judgment be entered in their favor and ^gainst the
Plaintift, Jeremy Houp, and the Additional Defendant, Melissa
Bridwell.
Respectfully submitted,
GOLDBERG, KATZMAN' SHIPMAN, P.c.
son J.
o Market stree
P.O. Box 1268
HarriSburg, PA 17108-1268
Identification No.: 51785
Telephone: (7l7) 234-4161
5
exhibit A
:iAtW<i)
..
.
, ,
.
.
.
JEREMY J. HOUP.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION . LAW
LAWTON & EVELYN B. ROVEONO,
RICHARD L. ROVEGNO, and
ROVEONO'S OF CARLISLE, INC..
Defendants
NO. 94-5599 CIVIL TERM
JAM I 8 916
NOTICE
YOU HA VB BEEN SUED IN COURT. If you wish to defend against the claims set fonh In the
followlna Complalnl, you IlIWlt take action within twenty (20) days after this Complainl and Nollce
are served. by entering a wrillen appearance personally or by allorney and filing in wrillng with
the Court your defenses or objections to the claims sel fonh against you. You are warned that if
you fail to do so, the case may proceed without you and a judgmenl may be entered against you
by the Court without funher notice for any money clainled in the Complaint or for any other claim
or relief requested by the Plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator, Founh Floor
Cumberland County Court House
Carlisle, PA 17013
Phone: (717) 240-6200
TRUE copy FROM RECORD
In Testimony whereof. I here unto set my hand
md the seal of said C at Carlisle. ~ b
fhl :v... Y 0 19 --
ry
..
JEREMY J. HOUP,
Plaimiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO, and
ROVEGNO'S OP CARLlSLE,INC..
Defendants
NO. 94.5599 CIVIL TERM
AMENDED COMPLAINT
The above-referenced Plaintiff, JEREMY J. 1I0UP, by his anomey, Taylor P. Andrews. Esquire,
of Andrews & Johnson, respectfully sets fonh the following cause of action:
1. Plaintiff is JEREMY J. HOUP, an adult individual who resides at 764-B East Louther Strut,
Carlisle, Pennsylvania, 17013.
2. Defendants LAWTON ROVEGNO and EVELYN B. ROVEGNO are adult individuals who
reside at 514 Biddle Drive, Carlisle, PelUlSylvania, 17013.
3. Defendant RICHARD L. ROVEGNO is an adult individual who resides at 112 Spring Farm
Circle, Carlisle, PelUlSylvania, 17013.
4. Rovegno's of Carlisle, Inc., is a PelU1Sylvania corporation doing business at 401 East Louther
Street, Carlisle. PelU1Sylvania, 17013.
5. As of April 29, 1994, and for some time prior thereto, Defendants, Lawton and Evelyn B.
Rovegno and Richard L. Rovegno owned the property at 401 East Louther Street, Carlisle, Pennsylvania,
on which was erected a large building previously used for industrial purposes,
6. As of April 29,1994, the above-named DefendantS, including Rovegno's of Carlisle, Inc., were
engaged in the business of leasing storage spaces on the second floor of the building at 401 East Louther
Street, Carlisle, PelUlSylvania.
7. On April 29, 1994, and for some time prior thereto, the Defendants had leased a storage space
on the second floor of the premises referenced above to Mellissa BreadwelI.
.
..,
.
.
8. On April 29, 1994, the Plaintiff, Jeremy J. Houp, entered the above-referen.:ed premises of the
Defendants for the purpose of assisting Mellissa Breadwell in moving items out of storage from the second
floor of 401 East Louther Slreet. Carlisle, PelUlSylvania.
9. On April 29, 1994, the Plaintiff, Mellissa Breadwell, and others entered !he elevalOr within the
premises 10 go to lhe second floor to relrieve the ilems 10 be moved from the premises.
10. When the Plaintiff pulled lhe inside doors of the elevator closed by use of the overhead strap,
the overhead door met a door rising from the floor and the latching hardware of the two doors impaled the
Plaintiff s hand causing Plaintiff substanlial pain, fright, shock. serious bodily injury, and humiliation.
II. The use of the elevalOr for access and for the movement of stored items hy Mellissa Breadwell
and lhose who would assist her was foreseeable by lhe Defendants.
12. As the owner of the property and the owner of the elevator within the property used by the
patrons of the slorage business, the Defendants acted as a common carri:r and lhey owed the passengers
of lhe elevator the highest degree of care.
13. The DefendanlS breached lheir duly to act with the highest degree of care towards lhe plaintiff
in lhe use of lhe elevator by failing to protect the Plainliff from lhe pinching and crushing actions of the
interior doors of lhe elevalor.
14. The Plainliff was a business visitor of lhe Defendants and the DefendanlS owed lhe Plaintiff
a dury of maintaining their premises is a reasonably safe condition for lhe contemplated use, or to give
warning of any failure to maintain the premises in such a safe condition.
15. The DefendanlS breached their duty 10 maintain the premises in a reasonably safe condition
and lhey also breached their duty 10 give warning of their failure to maintain the premises in such a safe
condition, and the DefendanlS' actions included but were notlimiled to the following aclS:
A. DcfendanlS failed to give Plaintiff necessary instruction in the operation of the elevalor
where the Plaintiff was injured.
.
.
B. Defendanla failed 10 proleCl Plaintiff from !he unsafe condition cau.sed by !he exposed
!arching mcchaniJm which impaled the Plaintiff'. hand. Guards could have and .hould have been
provided 10 proleCl!he Plainliff from !his hazard.
C. Defendants failed 10 prolecl Plaintiff from !he pinching and crushing effecl of !he
inlerior elevator door.
D. Defendants failed to warn !he Plainliff of Ihe hazard presented when !he inlCrior
elevalor doors met.
E. Defendants failed 10 assure WI !he warning buzzer wi!hin Ihe elevalOr was operable.
F. Defendants failed 10 dirccl!heir employee to operale Ihe elevator for business guests.
G. Defendants failed 10 direct !heir employee to take ocher action to protecl business
guests from hann on !he elevator.
16. As a proximate cause of !he failure of !he Defendants to meet !heir duty 10 Ihe Plaintiff, Ihe
Plaintiff suffered a crush and tear injury to his righl and dominanl hand wi!h permanent damage 10 his
lendons, wilh scarring and a lack of sensitivity on his Ihird and founh fingers.
17. As a result of his injury, Plaintiff has sustained past pain and suffering and he will endure pain
and suffering in !he future. Plaintiff has pennanently lostlhe full use of !he ring finger of his right hand,
and his inability to fully nex and extend his finger will subjecl Ihe Plainliff to future suffering and
embarrassment.
18. As a result of his injuries, Plaintiff has incurred !he following medical expenses:
Carlisle Hospital
Dr. William P. Graham III
Blue Mountain Aneslhesiology Associates
RWC Emergency Physicians
Carlisle Imaging Associales
Carlisle Outpatient Billing
$ 5.245.79
4,580.00
850.00
66.00
27.00
829.50
TOTAL
$11.598.29
.
4
WHEREFORE, Plaintiff demandl judgment againsllhe J)e(endanlS (or damagea in an amounl in
exccu o( Twenly Thousand Dollan ($20,000.00).
-:::::::?
By:
Tay
AltO (or Plainliff
78 We,1 Pom(rel Slreel
Carlisle, PA 17013
(717) 243-0123
Supreme Coun ID No. 15641
.
.
DATE;
I-/r- 9<':'
-(~/~fmX"1
I verity thai the SlatcmelllS made inlhc foregoing Complaint are true and corrCCl. I undcnland thai
false Slalemcnla herein are made subject to the pcnallies of Pa. C.S. I 4904. relating 10 unsworn
falsification 10 authorities.
.
JEREMY J. HOUP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
v.
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO, and
ROVEGNO'S OF CARLISLE, INC.,
Defendams
NO. 94-5599 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that on Ihis date,
I 1,1..
, 1996, I mailed a copy of the Amended
Complaint as captioned above to counsel for DefendanlS, Jefferson J. Shipman. Esquire. at the following
address by U.S. Mail, postage prepaid:
Jefferson J. Shipman, Esq.
Goldberg, Katzman & Shipman, P.C.
320 Markel Street, Strawberry Square
PO Box 1266
Harrisburg, P A 17108-1268
.
Exhibit B
'~'CllO@'
Jeffereon J. Shipman, aequire
1.0. 151785
GOLD8BRG, KATZMAN' SHIPMAN, P.C.
320 Market Street
P. O. Box 1:l68
Harrilburq, PA 17108-1368
(717) H4-4161
Counsel for Defendants
IN THE COURT or COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
JEREMY J. ROUP,
Plaintiff
v.
LAWTON , EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and
ROVEGNO'S OF CARLISLE, INC.,
Defendants
NO. 94-5599
v.
MELLISSA BREADWELL,
AdditiGnal Defendant
PRABCIPE FOR WRIT OF SUMMONS
~INST ADDITIONAL DBFBHDANT.
KELLISSA BREADWBLL
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please issue a Writ of Summons against Additional
Defendant, Mellissa Breadwell, 431 North Hanover street,
carlisle, PA 17013.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
J. SHIP
D. #51785
20 Market street
P. O. Box 1268
HarriSburg, PA 17108-1268
(717) 234-4161
Counsel for Defendants
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy
of the foregoing document upon all counsel of record by
depositing the same in the United states Mail, first
at Harrisburg, Pennsylvania, on the
class71.
/~- d;'y
post~epaid,
of '<,A-
, 1996, addressed as follows:
Taylor P. Andrews, Esquire
Andrews & Johnson
78 West Pomfret street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHIPMAN, P.C.
. SHIP , ESQ.
orney 1.0. #51785
o Market Street
. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendants
,
,
)1
,.
!j
L
Ii:
ExhIbit C
.
Jaffer.on J. ShipDen, '.quire
1.D. #51785
QOlJ)B1I1G, U2:1MlUI . UXPIIlUI, ..C.
31D Market Street
P. O. 80x U68
Harriaburg, PA 17108-1~'8
(717) H4-4161
JEREMY J. HOUP,
Plaintif~
!
Counsel for Defendant.
I IN '!'HI COURT OP COMMON PLEAS
CUMBERLAND COUNTY, PINNA
,
!:
.:
i
L,'
I
v.
CIVIL ACTION - LAW
LAWTON' EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and
ROVEGNO'S OF CARLISLE, INC.,
Defendants
NO. 94-5599
lfOTICJI TO PLJIlU)
TO: Jeremy J. Houp, Plaintitf,
and his attorney,
Taylor P. Andrews, Esquire
Andrews , Johnson
78 West Pomfret street
Carlisle, PA 17013
You are hereby notified to tile a written response to
the enclosed Answe~ and New Hatter of Defendants, Lawton and
Evelyn B. Rovegno, Richard L. Rovegno and Rovegno's of Carlisle,
Inc., to Plaintiff's Amended Complaint, within twenty (20) days
from service hereof or a judgment may be entered against you.
GOLDBERG, KATZMAN , SHIPMAN, P. C.
B
';'
If J. SHIP , ESQ.
#51785
o Market street
P. O. Box 1268
HarriSburg, PA 17108-1268
(717) 234-4161
Counsel for Defendantsl
Jetteraon J. Shi~n, .equire
I. D. 151785
ooU)UItG, ~1IlAII I '.XPIIAII,
320 Market street
P. O. 80. 1268
Harriaburq, PA 17108-1268
(717) 234-4161
P.c.
Coun..l for Defendant.,
JEREMY J. HOUP,
Plaintiff
I
IN THE COURT 01' COMMON PLBAS
CUMBERLANO COUN'l'Y, PENNA
.
.
.
.
v.
: CIVIL ACTION - LAW
.
.
LAWTON' EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and
ROVEGNO'S OF CARLISLE, INC.,
Defendants
NO. 94-5599
I
.
.
A1fSlfBR AND IfBW HATTER 01' DBI'DDAlI'l'8. LAWTON AND
BVBLYN B. ROVEGNO. RICHARD L. ROVEGNO AND
ROVEGNO'S OF CARLISLE. INC.
AND NOW, come the Defendants, Lawton and Evelyn B.
Rovegno, Richard L. Rovegno and Rovegno's of Carlisle, Inc., by
and through their counsel, Goldberg, Katzman & Shipman, P.c., and
file the following Answer and New Matter in reply to the Amended
Complaint of Plaintiff, Jeremy J. Houp:
ANSWER
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted in part, denied in part. It is ada1tted that
as of April 29, 1994, the Defendants, Lawton and Evelyn B.
Rovegno, Richard L. Rovegno, were engaged in the business of
leasing storage spaces on the second floor of the building at 401
East I.outher Street, Carlisle, Pennsylvania. It is denied that
Defendant, Rovegno's of Carlisle was engaged in this business.
7. Admitted. By way of further answer, see answer to
number 6.
8. Denied. The Defendants are without information
sufficient to form a belief as to the truth or falsity of the
averments in this paragraph and, therefore, deny the same and
demands strict proof at time of trial if deemed material.
9. Denied. The Defendants are without information
sufficient to form a belief as to the truth or falsity of the
averments in this paragraph and, therefore, deny the same and
demands strict proof at time of trial if deemed material.
2
10. Denied. The Defendants are without information
sufficient to form a belief as to the truth or falsity of the
averments in this paragraph and, therefore, deny the same and
demands strict proof at time of trial it deemed material.
11. It is admitted that the use of the elevator for access
and for movement of stored items by Melissa Breadwe1l and those
who would assist her was foreseeable by Defendants. By way ot
further answer, it is averred that Melissa Breadwell was given
specific instructions concerning the manner in which she should
use the elevator for access and for the movement of stored items
by her which instructions would apply to herself and to any
person or persons assisting her.
12. The averments in this paragraph constitute conclusions
of law to which no response is required.
13. Denied. It is specifically denied that Defendants
breached their duty to act with the alleged highest degree ot
care towards the Plaintiff in the use of the elevator by failing
to protect the Plaintiff from the doors of the elevator.
14. Denied. The averments in this paragraph constitute
conclusions of law to which no response is required. In the
event a response is deemed to be required, the averments
3
contained therein are 8pecifically denied. By way ot furth8r
answer, the Defendant8 maintain their pre.ise8 in a r8a8onably
safe condition for the contemplated use thereof.
15. Denied. It is specifically denied that the Defendant8
breached their duty to maintain the premi.es in a reasonably saf.
condition. The remaining averments in paragraph 15 are also
8pecifically denied.
a) It i8 8pecifically denied that Defendant8 failed
to qive the Plaintiff necessary instructions in
the operation of the elevator whsre the Plaintiff
was injured. The Defendants gave specific
instructions to their tenant, Melissa Breadwell
for use of the elevator which instructions apply
to anyone assisting Ms. Breadwell in the movement
of her items;
b) Denied. It is specifically denied that Defendant.
failed to protect the Plaintiff from an allegedly
unsafe conditiGn caused by the exposed latchinq
mechanism which allegedly impaled the Plaintift'.
hand. It is specifically denied that guards co~ld
have and should have been provided to protect
Plaintiff from this alleged hazard. By way of
further answer, it is averred that the accident
was caused by the contributory negligence of the
4
Plaintiff and by his knowin9 and conscious
as.uaption of a known and obvi~us risk and/or
condition;
a) Denied. It is specifically denied that the
Defendants failed to protect the Plaintiff fro.
the elevator door;
d) It is specifically denied that the Defendants
failed to warn the Plaintiff of the alleged hazard
preeented when the elevator doors met;
.) It is specifically denied that the Defendants
failed to assure that the warning buzzer within
the elevator was operable;
f) Denied. In the event that assistance in the u..
of the elevator was needed, an employee of
Defendants was available to operate the elevatar.
9) Denied. It is specifically denied that the
Defendants failed to dt~ect their employee to take
other action to protect business guests from harm
on the elevator.
16. Denied. The averaents in this paragraph are in part
conclusions of law to which no response is required. By way of
further answer, the Defendants are without information sufficient
to form a belief as to the truth of the injuries sustained by the
5
Plaintiff and, therefore, deny the same and demands strict proof
at time of trial if deemed material.
17. Denied. After reasonable investigation, Defendants are
without information sufficient to form ft belief as to the truth
or falsity of the averments in this paragraph and, therefore,
deny the same and demands strict proof at time of trial if deemed
material.
18. Denied. After reasonable investiqation, Defendants are
without information sufficient to form a belief as to the truth
or falsity of the averments in this paragraph and, therefore,
deny the same and demands strict proof at time of trial if deemed
material.
WHEREFORE, the Defendants, I.awton and Evelyn B.
Roveqno, Richard L. Rovegno and Rovegno's of Carlisle, Ino.,
respectfully request that judgment be entered in their favor and
that the Plaintiff's Amended Complaint be dismissed with
prejudice.
NEW HATTER
By way of additional answer and reply, Defendants,
I.awton and Evelyn B. Rovegno, Richard L. Rovegno and Rovegno's of
Carlisle, Inc., interpose the following New Matters:
6
20. That the Plaintiff has failed to state a cau.e of
action again.t the Defendants.
21. That the Defendants owed no duty of care to the
, Plaintiff.
22. That the Plaintiff'. injurie. and damage. were not
caused by any acts, omi.sions, or breaches of duty by Defendants,
but were caused in whole or in part or were contributed to by the
negliqence, fault or want of care of the Plaintiff.
23. That the Plaintiff's cause of action is barred in whole
or in part by the Doctrine of Comparative Negliqence.
24. That the Plaintiff assumed the risk of the injuries
allegedly sustained by him by reason of his own negligence and
carelessness.
25. That the Plaintiff was comparatively negligent and
failed to exercise reasonable care for his own safety in the
following:
a) Closing the doors of the elevator together in a
reckless manner;
b) failing to remove his hand from the area of the
doors of the elevator;
7
.
C) clo.ing the door. of the elevator together too
quickly;
d) failing to be attentive and to watch as he was
Closing the doors of the elevator;
e) failing to obtain instruction or assistance on the
use of the elevator;
f) failing to avoid an open and obvious danger
involving the elevator doors;
g) tailing to turn on the light to the elevator; and
h) closing the doors of the elevator in a hurried or
otherwise inappropriate manner.
26. That the Plaintiff's failure to exercise reasonable
care for his own safety was a substantial factor in the happening
of the accident.
27, That the accident and any injuries and damages
sustained by the Plaintiff may have been caused in whole or in
part by the negligence of third persons not presently involved in
this action.
WHEREFORE, the Defendants, I.awton and Evelyn B.
Rovegno, Richard L. Rovegno and Rovegno's of carlisle, Inc.,
8
.
. .'
respectfully request that judqment be entered in their favor and
that the Plaintiff's Amended Complaint be dismissed with
prejudice.
GOLDBERG, KATZMAN' SHIPMAN, P.C.
,
ON J. , ESQ.
.D. #51785
320 Market street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendants
9
.
.'
VERIFICATION
We, Lawton and Evelyn 8. Roveqno and Richard L.
Rovegno, hereby acknowledge that we are the Defendants in this
action; that we have read the foregoing document and that the
facts stated therein are true and correct to the best of our
knowledge, information and belief.
We understand that any false statements herein are made
subject to penalties of 18 Pa, C.S. Section 4904, relating to
unsworn falsification to authorities.
~'
~ '-,
cu..r-......,I (' 11- O-V <7r"~lt.'
LAWTON ROVEGNO
:;)
RI
Date: 3/1'f/f"
,
. .' .
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy
of the foregoing document upon all counsel of record by
'-depositing the same in the United States Hail, first cIa..,
If} I"
postage prepaid, at Harrisburg, Pennsylvania, on the day
of Ynauh
, 1996, addressed as follows:
Taylor P. Andrews, Esquire
Andrews' Johnson
78 West Po.fret Street
Carlisle, PA 17013
GOLDBERG, KATZMAN' SHIPMAN, P.C.
N J. SHIP , ESQ.
torney I.D. #51785
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel for Defendants
VERIFICATION
I, Richard L. Rovt)gno, hereby acknowledge that I am a
Defendant in this action; that we have read the foregoing
document and that th~ facts stated therein are true and correct
to the best of my knowledge, information and belief.
I understand that any false statements herein are made
subject to penalties of 18 Pa, C.S. section 4904, relating to
unsworn falsification to authorities.
R
Date:
3/tJ7/16
. .' .
. "'I' .
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy
of the foregoing document upon all counsel of record by
depositing the same in the United states Mail, first class,
postage prepaid, at Harrisburg, Pennsylvania, on May 20, 1996:
Taylor P. Andrews, Esquire
Andrews & Johnson
78 West Pomfret street
Carlisle, PA 17013
Ms. Melissa M. Bridwell
77 netty Nelson Court-5A
Carlisle, PA 17013
Ms. Melissa M. Bridwell
5073 Ritter Road
Mechanicsburg, PA 17055
certified Mail
No. POOl 116 576
GOLDBERG, KATZMAN' SHIPMAN, P.C.
17108-1268
Identification No.: 51785
Telephone: (717) 234-4161
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.QHG09
JEREMY J. HOUP,
Plalntiff,
LAwroN and EVELYN ROVEGNO,
RICHARD L. ROVEGNO and ROVEGNO'S
OF CARUSLE,
Defendanta,
.
: CIVIL ACTION. LAW
v.
MElJSSA BRIDWELL, additioMl
Defendant
ANSWER TO COMPLAINT TO JOIN ADDITIONAL DEFENDANT. MET.T!'l..C\A BRIDWELL
AND NOW, cornea the Defendant, Melissa BrldweD, llIld files the following Answer to Complaint
joining additional Defendant, Melissa Bridwell:
1. Admitted.
2. Admitted in part denied in part. It Is admitted that Melissa Bridwell Is IU1 adult Individual.
It Is denied that her last known address was at 77 Betty Nelson Court. M, CarUale, Cumberland County,
Pennsylvania. Her present address Is Melissa BrldweD, 62 Winter Lane, Enola, PA 17026.
3. Admitted.
4. Admitted.
G. Admitted.
6. It Is admitted that the Rovegno's are specifically denying liability. Thia admlaalon Is IIIIIdtI
without admisaion or adoption ofthe Rovegno's denial.
7. Denied. It Is speciflC8lly denied that any lI1iuries or damage complained of were in ~
caused by the negligence of the additional Defendant Melissa Bridwell. It Is further denied thai tile
additional Defendant Melissa Bridwell was in any manner negligent.
8. Admitted.
9. Admitted in part. It Is admitted that prior to April 29, 1994, Me1iasa Bridwell had been
shown how to operate an elevator to the second floor storage area.
10. The Defendant II w1thoutlUl1lclentlnlCll'lDlHlon to formulaUl an IU18WeI' to thiI a11epUon
in that the pleading does notltate exact1Y what notice and raponalbillt.iel that the Defendant Rovesno'.
are referrlna to.
11. Admitted.
12. Admitted.
13. Admitted.
14. Admitted.
11!. Denied. It II admitted that prior to the accldent addiUonal Defendant did not notIfY
Defendant Rovegno'. of her intention to invite Jeremy Houp by name. The addiUonaI Defendant Me1laaa
Bridwell did notIfY the agent of the Rovegno'. that ahe would have IOrne people there on April 29, 1994
to help her move.
16. Admitted.
17. Admitted.
18. Admitted.
19. Denied in that the light WlIlI on in the elevator in question before Jeremy Houp attempted
to c10ee the elevator doors.
20. Denied in that the Iqjurles and damages alleged by Jeremy Houp were not a direct and
approximate cause of the negligence and carelessness of Melissa Bridwell in that:
a. Neither prohibited nor allowed Jeremy Houp to operate the elevator and cIoIe u..
elevator doors;
b. Had no obligation to instruct Jeremy Houp on the correct manner In wbIcb
operate the elevator in that she did not request him to do so;:~
,.".~
c. Did not fail to turn on the lights inside the elevator in question in that said l/8lltar
"
.<)
were on;
d. Wu intending to operate the elevator herself;
e. It is specifically denied that she failed to be attentive to who WlIlI cloalng the
elevator doors and how the elevator doors were closed;
t. It Ia admitted that ahe did not Worm Jeremy Houp to remOYll hIa hand !'tom the
elevator doon u they were e10elna but It Ia specifIealIy denied that thIa wu negllgent;
,. It ill denied that ahe permitted Jeremy Houp and the othen to cloaed the elevator
doors In a careleu or reeklelll manner; and
h. It la epeclflcally denied that tho additional Defendant falled to notIfY the agente
of the RoveIno'e of the preeenee of aaeiatante In the move.
WHEREFORE, the additional Defendant Melillla Bridwell respectfuI\y requeeta that the Complaint
u it perteln.l to her be diemIIlIed.
ReepectfuIly IIUbmltted,
LAW OFFICES OF RON TURO
f, /Iy:btf
Date
--. ',"-
.. .r i
lien J.t. ulderig, Eequlre
32 South ord Street
Car1lale, PA 17013
(717) 245-9688
Attorney for additional Defendant, Melillla Bridwell
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10
11
12
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13
14
15
16
17
18
19
20
21
22
23
24
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25
.3:J
@bEe 0 5 WI
1
1 JEREMY J. HOUP,
Plaintiff,
2
vs.
3
LAWTON & EVELYN B,
4 ROVEGNO and ROVEGNO'S
OF CARLISLE, INC, ,
5 Defendants
6 vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 94-5599 CIVIL TERM
7 MELISSA BRIDWELL,
Additional Defendant.
8
9
Deposition of: RICHARD L. ROVEGNO
Taken by:
Plaintiff
Jill L. Roth
Court Reporter-Notary
Before:
Date:
June 11, 1997, 1:30 p.m.
Place:
Andrews & Johnson
78 West Pomfret Street
Carlisle, Pennsylvania
rc--:;'P')@'\\;f
\''' ../., \. I 'U 1
.....~ .....-"
APPEARANCES:
ANDREWS & JOHNSON
BY: TAYLOR P. ANDREWS, ESQUIRE
FOR - PLAINTIFF
GOLDBERG, KATZMAN & SHIPMAN
BY: JEFFERSON SHIPMAN, ESQUIRE
FOR - DEFENDANT ROVEGNO
C.P.C.R.S. @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
. ,:--.;~i'
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1 APPEARANCES:
~ LAW OFFICE OF RON TURO
BY, ROBERT J. MULD2RIG, ESQUIRE
3 FOR - DEFENDANT BRIDWELL
4
5
6
7
8
9
10
11
1~
13
14
15
16
17
18
19
20
.
21
22
23
24
25
C.P.C.R.S. @ pacourt@kns.net
(717) 258 -3 657 or (800) 863 -3657
.
3
1
INDU TO TBSTIMONY
2 DEPONENT
EXAMINATION
PAGE
3 Richard Rovegno
By Mr. Andrews
By Mr, Mulderig
4
4
37
5
6
7
8
9
10
11
12
13 NO.
14 1
15 2
16 3
17 4
18
19
20
21
22
23
24
25
INDBX TO BXHIBITS
DESCRIPTION
PAGE
Pictures numbered 1 thorough 10
13
Pictures numbered 11 through 20
13
Pictures numbered 21 through 24
Lease agreement of Melissa Bridwell
13
3~
"
C.P.C.R.S. @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
.
1 STIPULATION
2 It is hereby stipulated by and between the
4
3 respective parties that signing, sealing, certification
4 and filing are waived; and that all objections except as
5 to tbe form of the question are reserved until the time of
6 trial.
7
8 RICHARD L. ROVBGNO, called as a witness, being
9 duly sworn, was examined and testified as follows:
10 BY MR. ANDREWS:
11
o.
12
A.
13
o.
State your full name, please.
Richard Lawton Rovegno, R-o-v-e-g-n-o.
I want to try and get clarification as to
14 exactly the en::iti.es that are involved at 401 East Louther
15 Street. Am I correct you're one of the owners of the
16 property there?
17
A.
18
o.
19
A.
20
o.
21
A.
22
Correct.
Can you indicate who the other owners are?
Lawton C. and Evelyn B.
And that's your mother and father?
Correct.
23 1994 when this incident occurred?
o.
And that also was the case back in April of
24
25
A.
Yes.
o.
The suite th~t has been brought also identifies
C.P.C.R.S. @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
.
5
1 as a detendant Rovegno's of Carlisle, Inc. And I believe
2 by some of the prior discovery, you indicated that that's
3 a corporation of which you are a shareholder?
4
A.
Correct.
5
Q.
And your fath~r's a shareholder?
6
A.
Correct.
7
Q.
Can you indicate what involvement that
8 corporation has with the -- if any, with the ownership of
9 the building?
10
A,
It has no involvement with the ownership of the
11 building.
12
Q.
As of April of 1994 when this incident
13 occurred, what involvement did Rovegno's of Carlisle,
14 Inc., have with the warehouse portion of the building
15 where this elevator is located?
16 A. Rovegno's of Ca~lisle, Inc., is a tenant in the
17 building. So it leases warehousing space.
18 Q. The building at 401 East Louther, it's a big
19 building, correct? Does it encompass more than 401? Does
20 it go onto more numbers than that on Louther Street?
21
A,
The whole property is deeded together as 401
22 East Louther Street. Or I shouldn't say -- the address i.
23 401 East Louther. There's just one parcel.
24
Q.
We met over there last week with Mr. Shipman
25 and the engineer, Mr. Schwartz. And we were in a big
C.P.C.R.S. @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
6
1 warehouse area where this freight elevator is located. Is
2 that right?
3
A.
Correct,
4
Q.
As of April of '94, what right of possession in
5 that area did Rovegno's of Carlisle, Inc., have?
6
A.
It was a tenant renting the space,
7
Q.
Did anybody else have a right to use that
8 space, the floor where we were located, I guess the first
9 floor of che elevator, at that time in 1994?
10
A.
Other tenants passed through the space to get
11 to other areas of the building.
12
Q,
Now, Rovegno'a of Carlisle, Inc., would they
13 have been responsible for the condition of that space as
14 the tenant?
lS
A.
No. I think Rovegno Properties, which is my
16 father and my mother and myself, a partnership.
17
Q.
Was there a written lease between Rovegno
18 Properties and Rovegno's of Carlisle, Inc.?
19
A.
I don't believe so. It had been leasing the
20 space for many. many years. I don't recall exactly when
21 that first occurred. At some point in the past, for tax
22 purposes, etcetera, we became separate entities, the
23 property development from the contracting. I don't recall
24 exactly when that happened.
2S
Q.
Personally, you are active with Rovegno's of
C.P.C.R.S. @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
1 Carlisle, Inc. , also?
:l A. Correct.
3 Q. Are you their management?
4 A. Well, president of the corporation.
5 Q. And was that true back in April of 19941
6 A. Yes.
7
Q.
Were you the manager of Rovegno's Properties as
8 well?
9
A.
I would describe myself as the chief operating
10 partner of Rovegno Properties.
11
Q.
What entity that conducted business or had an
12 ownership interest in that property was responsible for
13 the condition of this freight elevator and the use of the
14 freight elevator in April of 1994?
15
A.
That would be the owners, which are my parents
16 and myself.
17
Q,
All right. Now, the freight elevator was used
18 at least in part to access the stcrage business that took
19 place on the second floor. Is that correct?
20
A.
Correct.
21
Q.
Where you rented out space to people to store
22 items?
23
Correct.
A.
24
What was the entity that actually conducted
Q.
25 that business?
C.P.C.R.S. @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
7
1
2 myself,
3
4
A.
8
A,
That would be the partnership of my parents and
5 called.
6
o.
Known as?
Rovegno Properties is what the partnership is
0,
Within the partnership of Rovegno Properties,
7 is there one individual that would have had primary
8 responsibility for the condition and operation of the
9 freight elevator?
10
A.
I, as the chief partner, that would be myself;
11 majority partner.
12
o.
Did you have any employees that you assigned
13 that responsibility to, that is to maintain any particular
14 condition of that elevator or to oversee the use of the
15 elevator?
16
A.
17
o.
18
A.
19
o.
20
A.
21
o.
22
A.
23
0,
24
A,
25
o.
Our maintenance man, Art Danner.
What is his name?
Arthur, A-r-t-h-u-r, D-a-n-n-e-r.
And he was your maintenance man in April 19941
Yes,
Had he been for sometime?
Several years previous to that.
Is he still?
No, he's retired.
Can you indicate what his responsibilities
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l would have been with regard to this elevator?
2
A.
Just general cleaning, sweeping the elevator
3 out, changing the light bulbs, etcetera; routine
4 janitorial maintenance.
5
Would he or would you or would anybody else
Q.
6 that you can identify have had a responsibility of
7 maintaining any written records of any modifications or
8 changes made to that freight elevator?
9
As far as maintaining written records of
A.
10 modifications, no.
11
Q.
Were records such as that kept?
12
A.
The only thing, I believe, we've maintained is
13 a file of the inspection certificates.
14
We may have
let me add to that. We may have
15 somewhere in our files
if any work was performed, we
16 may have that record. I'm just not certain. I know we
17 hav~ several of the inspection certificates going back
18 even previous to our ownership of the property. And I've
19 found inspection certificates on the elevator as far back
20 as 1976.
23
Q.
Do you know how frequently the elevator was
22 inspected?
23
A.
I believe, although I'm not certain, that it's
24 once every six months.
25
Q.
And is that by a service that you contract with
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9
10
1 to come in and perform the inspection?
2
A.
The gentleman's name is Plesic, P-l-e-s-i-c. I
3 don't know his first name.
4
Q.
And is that an inspection that you arrange for?
I believe he just comes on a regular basis as
5
A.
6 required by the Pennsylvania Department of Labor and
7 Industry.
8
Q.
So he's a state inspector, as you understand
9 it?
10
A.
As I understand it, he's a state inspector.
11
Q,
Aside from his inspection, did you also have a
12 company that performed regular inspections of the
13 elevator?
14
A,
No. As far as inspections, he was the only
15 one.
16
And it's your recollection of when he did do an
Q.
17 inspection, he typically would leave you something in
18 writing as evidence of the fact that he had done an
19 inspection?
20
Well, you get a certificate signed by Mr.
A.
21 plesic.
22 Q. And you've maintained those in a file?
23 A. I believe we have quite a few of them over the
24 years. Again, there may be the odd one for some reason
25 that was discarded. But I do know there was quite a few
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11
1 of them there.
2 Q. How long have you had possession of that
3 property? Let me leave it at that for now.
4 A. I believe it's been since March of 1984.
5 Q. And how long has that part of the building been
6 used by the public for any purpose, including access to
7 the rented spaces above?
8
A.
I would say it was shortly thereafter. But I
9 don't remember the exact date that we first had a tenant
10 in there.
11
Q.
Aside from people that are renting storage
12 space on the second floor, is there any other regular use
13 of that elevator?
14
We have -- actually there are uses on the
A.
15 second and third floors. Ms. Bridwell's space was
16 actually on the third floor, not on the second floor.
17
Do you rent storage space on both floors?
Q.
18
Correct. And if I can fully answer.
A.
19
Please do.
Q.
20
There's storage in the basement too.
A.
21
Are there uses on the second and third floor
Q.
22 other than the rental of storage space?
23
A.
No.
24
Q.
Can you tell me how many different tenants
25 I'm just looking for a number that you have including
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12
1 second, third floor and the basement, that would be using
2 this elevator?
3
4
Ao
Right now or since 1994?
5 I have no idea whether it's 10 or 150.
Q.
At anyone time, how many spaces do you have?
6
A.
I'm trying to make a mental count. I'd say a
7 round figure of maybe 25.
8
Q.
Total?
Yes.
Do you keep any record at all as to how
11 frequently any of these tenants, in fact, do use that
9
A.
No.
Am I correct that the tenants who lease space
15 are given a key so that they may access the building 24
10
Q.
Some do and some don't.
Is it your recollection that Melissa Bridwell,
19 who is an additional defendant in this action, was given a
12 elevator?
13
A.
20 key so that she could access the space that she had rented
14
Q.
21 24 hours a day?
16 hours a day?
17
A.
No.
She was not?
No. Well, maybe I should clarify that. She
25 had a key to her own storage bin up on the third floor.
18
Q.
22
Ao
23
Q.
24
A.
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13
1 She did not have a key full-time to access the padlock on
2 the loading dock to get into the building. She could come
3 by and pick up a key for specific uses and then would have
4 to return it immediately upon that use being completed.
5 Q. That's if she wanted to make access at a time
6 other than when you'r~ open for regular hours of business?
7
A.
That's correct.
8
Q.
Is that, in fact, your understanding of what
9 happened on this occasion?
10
Ao
Yes.
11
(Rovegno Deposition Exhibit Nos. 1, 2 and 3 were
marked. )
12
13 BY MRo ANDREWS:
14
Q.
Mr. Rovegno, I've got three different pages.
15 Each page -- these are plastic pages. Each page has five
16 photographs on the front, five photographs on the back.
17 They're marked Deposition Exhibit 1, 2 and 3
18 respectively. And the photos have little numbers on them
19 just for reference. And I just want to sort of walk
20 t~rough this with you so you can indicate what these
21 depict, and to help explain or describe your property.
22 Looking at Deposition Exhibit 1, the photo that
23 has the Number 1 number on it. Is that, in fact, a
24 picture of this freight elevator?
25
A.
Yes.
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14
1
Q.
With the door open looking into the elevator.
2 Is that right?
3 A. Yes.
4 Q. Can you tell from looking at that which floor
5 you're on?
6 A. That would be the ground floor.
7 Q. Photograph Number 2 is showing the ceiling of
8 that large warehouse room. Is that right?
9 A. Correct.
10 Q. The same room where the freight elevator is
11 located?
12 A. Correct.
13 Q. And it's showing that there exists, at least on
14 the part of the room that is depicted at the time the
15 photograph was taken, some fluorescent lights and also
16 some incandescent lights.
17
A.
Correct.
18
Qo
Do you know whether the lighting has changed
19 from April '94 until last week when this photograph was
20 taken?
21
I do not believe it has.
A.
22
After-hours in April of '94 when the business
Q.
23 was not open, do you know what the practice was insofar as
24 lights being on or lights being off in this room?
25 And if you don't understand my question, I'll
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16
1 warehouse, not shown in this particular photograph 0
2
Q.
Not shown in photograph Number 2 that we were
3 just looking at?
18
A.
4
A.
Correct.
Photographs Number 3, 4 and 5 on this same
6 sheet, Deposition Exhibit 1, show the outside of the doors
7 of this freight elevator. Am I correct?
19
21
A.
5
Q.
Correct. The outside of one set of doors.
Please explain what you mean by one set of
There's doors on each level.
On the ground floor?
Correct.
There's a couple of things I want to ask you
15 about on these pictures. There is writing on the door
8
A.
16 that is shown both in the photograph here Number 3 and the
17 photograph Number 5
9
Q.
Um-hum.
10 doors.
11
A.
Q.
-- best read on photograph Number 5. Do you
12
Q.
20 see the writing I'm talking about?
13
A.
Yes.
Q.
Can you indicate when that was written on the
14
Q.
It was subsequent to the accident, subsequent
25 to April 19th.
22
23 door?
24
A.
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17
1 Q. SO there is no question that that was not
2 written on the door as of April 19, '94?
3 A. No.
4 Q. Now the strap that is located on this upper
5 portion of the two doors, and is shown in each of these
6 three pictures, picture Number 3, Number 4, Number 5, do
7 you know when that particular strap was placed on that
8 door?
9
The strap itself?
A.
10
Q.
Yes.
11
A.
No, I don't know when that particular strap was
12 put on.
13
Q.
Do you know who would have put that strap on
14 the door?
15
It might have been Mario Novi.
A.
16
What's his role with the property that he might
Q.
17 have done that?
18
He works for us and does some maintenance work
A.
19 around the property too.
20
Now to the extent -- or on an occasion when he
Q.
21 might change a strap, do I understand correctly from a
22 previous answer, that there would not necessarily be a
23 record of that having been done?
24
A.
Noo
25
Would he be just left to his own selection of
Q.
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18
1 what type of strap to mount?
2
A.
The straps are supplied. We order elevator
3 straps from General Elevator.
4
Q.
Is it your understanding that the strap that is
5 mounted on there is a strap that is specifically designed
6 to be an elevator strap?
7
A.
That's my understanding.
8
Q.
I forget whether you were present. I suspect
9 you weren't. I'm looking -- and I'll show it to your
10 attorney. This is the deposition of Keith Bakero I'm
11 looking at the exhibit 0 And it has a number -- it's
12 underneath it.
13
MRo SHIPMAN: Right. Baker 1.
14
MR. ANDREWS: Baker Exhibit Number 1.
15
MR. SHIPMAN: Right.
16
MR. ANDREWS: Now that's just a photocopy of
17 that. So that's already going to be in the record in this
18 case. I'm not anxious to put it in a second time.
19
MR. SHIPMAN: If you have another picture, it
20 might be easier.
21
MR. ANDREWS: I'm going to the original. Let
22 me make sure I get the right one 0 Off the record.
23 (Discussion held off the record.)
24 BY MR. ANDREWS:
25
Q.
Mr. Rovegno, I've shown you what is marked as
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19
1 Baker Exhibit 1 from a deposition of a witness named Keith
2 Baker, and also an original print seemingly of the same
3 picture.
4 A.
5 Q.
6 have no
7 counsel
8 produced
9 A.
Have I not?
Correct.
And I'm going to ask you if you know -- and I
difficulty if you want to confer with your
__ whether this is a picture that you, in fact,
to me as a picture of this elevator?
I don't know where the picture came from. I
10 don't know who shot it.
11
Q.
Would you agree that the strap on the opposite
12 side of this door from the hook latch would seemingly be
13 the strap on the outside of the door?
14
15
A.
Yes.
Q.
And that that is a different strap than the
16 strap that appears on Deposition Exhibit Number 1 that we
17 were previously just looking at?
18
19
20 strap.
MR. SHIPMAN: If you know the answer to that.
THE DEPONENT: Yes, it looks like a different
21 BY MRo ANDREWS:
22
23
24
Q.
It's different in color?
A.
It appears so.
Q.
It has a knot in it, whereas the strap on
25 Deposition Exhibit Number 1 has no knot?
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20
1 A. Yes.
2 Q. Is it fair to say that you don't know who would
3 have put the strap on the outside of the door that is
4 depicted on aaker Exhibit 1?
5 A. I don't know who put it on.
6 Q. Or when it was put on?
7 A. Or when it was put on.
8 Q. Do you know what strap was em that door at the
9 time of this incident on April 29th, .1994, on the outside
10 of the door?
11
No, I don't.
A.
12
Q.
I'm looking now at Deposition Exhibit 2, which
13 is the second page of these plastic pages with pictures.
14 And I'm pointing to photograph Number 14. Does that also
15 show this same outside strap?
16
A.
Yes.
17
And that strap now has writing on it, does it
Q.
18 not?
19
Yes, it does.
A.
20
And what does that say?
Q.
21
Keep outside door.
A.
22
Q.
Do you know whether that writing appeared on
23 any straps that were mounted on the outside of this
24 freight elevator before this strap was mounted?
25
A.
No.
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21
1
Q.
I want to make sure I'm not misinterpreting
2 your answer. You don't know or there was no such writing?
3
I don't know.
A.
4
Q.
Do you recall ever seeing any such writing on
5 any prior straps?
6
I don't recall.
Ao
7
Q.
I'm back to Deposition Exhibit 1. And here on
8 photograph Number 6, photograph Number 7, photograph
9 Number 9 and photograph Number 10, there are additional
10 pictures of lights up in the ceiling in that warehouse,
11 are there not?
12 A. Yes.
13 Q. Do an)' of these photographs show the light that
14 would have come on from the light switch on the outside of
15 the loading dock?
16 A. Yeah, I thinko I believe it's an incandescent
17 bulb right there.
18
Q.
And you're pointing at photograph Number 9?
19
A.
Yes.
20
And you're pointing at a bulb that is seemingly
Q.
21 not on?
22
A.
Correct.
23
Qo
And the bulb that you're pointing, if I'm
24 interpreting that photograph correctly, is approximately
25 right in front of the doors that lead out to the loading
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22
1 dock?
2
A.
It's near the doors to the loading dock, but a
3 little bit towards the elevatoro It's not exactly in
4 front of them.
5
Q.
That same photograph Number 9 shows numerous
6 items in this warehouse positioned up against or near the
7 exteriQr wall between the entry door and the elevator. Am
8 I correct?
9
A.
Correct.
10
Q.
Do you know whether those items or other items
11 such as those items would have been in that same location
12 on April 29th, 1994?
13 A. You mean April 19th.
14 Q. On the date of the incident.
15 A. It doesn't matter. I don't know.
16 MR. SHIPMAN: I think it was April 29th.
17 THE DEPONENT: I don't know. I think you've
18 been saying April 19th.
19
MR. SHIPMAN: April 29th, according to the
20 complaint.
21
THE DEPONENT: I don't know.
22 BY MR. ANDREWS:
23
Do you know whether there were items in this
Q.
24 warehouse at that time?
25
In all likelihood. I don't remember it being
A.
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23
1 totally bereaved of material.
2
Q.
Looking at photograph Number 8, that shows the
3 control panel within the freight elevator, does it not?
18
A.
4
A.
Correct.
It also shows a sheet of paper, letter-size,
6 eight and a half by five, I suspect; red in color --
22
25
Eight-by-eleven.
Thank you. Red in color that has various
9 instructions on it, I believe. Is that correct?
Yes.
Can you tell me when that was mounted in the
Subsequent to the accident.
There are also red arrows and indicators
15 painted on the control panel itself and on the space
5
Q.
7
A.
16 nearby the control panel. Was that also put on there
17 after the accident?
8
Qo
I believe that those wera on previous. They
19 may have been highlighted, but I believe there were some
10
A.
20 markings on there. In other words, the same markings but
11
Q.
21 just not in red, I believe 0
12 elevator?
13
Ao
Q.
Back to Deposition Exhibit 2, calling your
14
Qo
23 attention to photograph Number 150 Can you indicate what
24 that is a picture of?
A.
That's a picture of the floor of the elevator,
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1
A.
25
I believe he took his own initiative.
The writing that is on that door, do you know
3 who wrote that on?
2
Q.
I believe Mario Novi did that.
And do you know when that was done?
It was subsequent to April 29th, but I do not
7 know a date that it was put on.
12
A.
4
A.
Was that done at your direction?
No. He took his own initiative to do that.
And do you know whethe~ that was done at the
11 same time that it was painted orange?
5
Q.
No. I believe it was painted orange first, and
13 then the writing was put on at a later date.
6
A.
Photograph 14, immediately above the photograph
15 we've just been looking at, shows the top portion of the
8
Q.
16 door, does it not?
9
A.
Correct.
Shows big orange arrows pointed down.
Correct.
Q.
Do you know whether those orange arrows were
10
Q.
21 painted at the same time as the bottom portion of the door
14
Q.
22 that we've just been discussing was painted orange?
17
A.
A.
I don't know.
18
Q.
Q.
Where is this elevator in relation to your
19
A.
25 personal office?
20
23
24
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27
1 USo Therefore, it's difficult for me, not having been
2 aware that this even happened, to know all these things.
3 Art Danner, my maintenance man, at one point, if I
4 recollect correctly, painted the orange on the top of the
5 door.
6
Q.
All right. Let me ask you this, is it your
7 recollection that that was before or after you had
8 knowledge of this accident?
9 A. I believe it was after we had knowledge of the
10 accident. But I don't remember exactly the date that that
11 occurred.
12
Q.
Looking still at Deposition Exhibit 2,
13 photograph 17 shows the control panel inside the elevator,
14 does it not?
15
A.
Yeso
16
Q.
And there is a switch on that control panel
17 that is labeled in bright red lettering as light. Is that
18 correct?
19
A.
Yes.
20
Q.
Is that the light switch for the two lights
21 inside the elevator?
22
A.
Yes.
23
Q.
Is there any other switch that would turn those
24 lights on or off besides this switch?
25
A.
Not to my knowledge.
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28
1
Q.
You've indicated that typically when the
2 business is not in operation, the lights are turned off.
3 Would that include the lights within the elevator?
4
A.
Yes.
5
Q.
With regard to Melissa Bridwell's leasing of
6 space, I'm given to understand -- and I'd ask you to
7 correct me if I'm wrong -- that she was given instructions
8 as to how the elevator worked. Do you know whether that's
9 the case?
10
A.
Yes.
11
Q.
Are you the one that gave her the instructions?
12
A.
Yes.
13
Q.
Would you indicate what instructions you gave
14 her with regard to the light switches for the warehouse
15 itself and for the elevator?
16
~.
I started at the loading dock and showed her
17 where the light switch was that would turn on the single
18 bulb inside the elevator. Then we walked over to the
19 panel box and I showed her the lights for the general
20 warehouse area on the third floor, then walked into the
21 elevator and I showed her the light switch inside the
22 elevator.
23 And then I also, after we had ridden to the
24 third floor, I showed her where the light switches were at
25 the exit of the elevator at the third floor.
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29
1
Q.
You talked about a box, light switches in a
2 box. I'm now looking at Deposition Exhibit 3. And there
3 is a black box here shown in photos 21, 22 and 23. Am I
4 correct?
5
A.
Correct.
6
Q.
Is that where the light switches are that
7 you're referring to?
8 Ao For the main warehouse, yes.
9 Qo On the first floor?
10 A. On the ground floor 0
11 Q. And that box is opened in photograph 22?
12 A. Correct.
13 Q. And the light switch is in there, in that open
14 box?
15
A.
Correct.
16
Q.
Now, when that switch -- how many switches are
17 there?
18
A.
A total of three -- actually six, but three are
19 for lights.
20
Those three switches just light the lights on
Q.
21 the first floor?
22
A.
Correct.
23
Aside from the lights, would you please
Q.
24 describe what else you showed Mso Bridwell about the
25 operation of the elevator?
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1
A.
I showed her how to close the main steel door.
2 And then I showed her how to close the cage door inside
3 the elevator itself. And then I showed her the bell in
4 case there's a probl~m that she could ring to alert
5 people 0 I showed her the switches for the up and down
6 operation. And I showed her the leveling switches, or I
7 should say buttons for up and down, and buttons for the
8 leveling.
9
Q.
And then did you, in fact, ride with her up to
10 the floor where she was renting space?
11 A. Twice.
12 Q. Do you know whether on that same occasion she
13 actually used the elevator to move her possessions onto
14 that floor?
15 A. Not on that occasion, no.
16 Q. Did you ever assist her on a subsequent
17 occasion?
18 A. No.
19 I also indicated to her at that time that if
20 there was ever a problem, if she ever didn't recall any of
21 my instructions, to stop and come and get one of the
22 people who work in the building. And I also told her if
23 she was bringing anybody with her, that she was
24 responsible for operating the elevator and being with
25 themo
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1 Q. On that score, do you remember exactly what yuu
:I told her?
3 A. No.
4 Q. Did you like
5 A. You mean verbatim?
6 Q. Did you say to her very much what you just
7 said
8
A.
Very much.
that it was her responsibility to operate
9
Q.
10 the elevator?
11
MR. SHIPMAN: Objection. I think it's been
12 asked and answered. But go ahead and try and answer it if
13 you can.
14
THE DEPONENT: I did not indicate, to my
15 recollection, that it was her specific responsibility to
16 oper.ate it. But if she was bringing people into the
17 building to assist her in moving, it was her
18 responsibility to be with them and insure the proper
19 operation of the elevator.
20 BY MR. ANDREWS:
21
Q.
There are instructions now, I believe, on the
22 elevator, that at the end of the day, it's to be brought
23 down to the first floor. Is that correct?
24
A.
Not only at the end of the day, but we ask when
25 anybody is done using the elevator, at any time, to please
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. .. ,
34
1 Q. You signed this along with Ms. Bridwell.
2 A. Correct.
3 Q. At the time that you signed this, up until that
4 time, had you ever made any investigation as to whether
5 that type of insurance was even available for customers of
6 your storage business?
7 A. No, I don't believe so. Although typically
8 most of the customers of the storage business tended to be
9 businesses themselves and had a standard business
10 liability policy, there were a few homeowners that rented
11 storage bins there. And typically homeowners' insurance
12 sometimes can be extended to rented areas.
13
Q.
would you indicate for me, please, all efforts
14 that you or anybody else from your business at that
15 location at 401 East Louther Street, took to protect
16 someone such as Jeremy from injury in that elevator?
17
MR. SHIPMAN: Taylor, he's already testified to
18 the instructions he gave the tenant.
19
MR. ANDREWS: I want to know if he did anything
20 besides those instructions. I'm asking everything that he
21 did.
22
MR. SHIPMAN: So you're asking if there's
23 anything else outside of what he's already testified?
24
MR. AUDREWS: If there's anything that he did,
25 I want him to tell me what he did.
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35
1
MR. SHIPMAN: I'm going to object to the form
2 of the question. And if you can answer that, please try
3 to answer the question 0
40 THE DEPONENT: We, as stated, have the elevator
5 regularly inspected per, you know, applicable state codes
6 and Labor and Industry. We restrict access to the
7 building except to tenants. We don't give out the key to
8 enter into the buildings except on request. So that is
9 not generally opened to someone just to wander in there.
10 And I give rather tho~ough instructions on the
11 use of the elevator to each and every individual who's
12 going to use it.
13 I don't recall any other things that we've
14 done.
15 BY MR. ANDREWS:
16
Q.
If a tenant wants to gain access to their space
17 above during your business hours, are they free to come
18 and go as they please, or must they contact somebody on
19 your staff in order to go up to their storage space?
20 A. Well, typically, the loading dock door is shut
21 during the day. So even though the building is open and
22 there's regular hours, a homeowner would come by the
23 office and say, I'm going up to the -- I'd like to go up
24 and access my items.
25
Q.
Would they then be escorted or accompanied?
C.PoCoR.S. @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
. .. .
37
1
Qo
Was it your understanding that the regular
2 inspections by Labor and Industry included an inspection
3 or some oversight as to the safety of the operation of the
4 elevator to individuals that would use it?
5
A.
My understanding is that that's the purpose of
6 Labor and Industry inspecting a piece of equiprr.ent, yes,
7 to insure its aafety.
8
MR. ANDREWS: I don't have any other
9 questions.
10
MR. SHIPMAN: Mr. Mulderig.
11 BY MR. MULDERIG:
12
Q.
May I have a copy of the lease?
13
For the record, my name is Robert Mulderig,
14 M-u-l-d-e-r-i-g. I'm counsel for Melissa Bridwell.
15
Mr. Rovegno, let us turn to...
16
MR. SHIPMAN: Deposition Number 4.
17 BY MR. MULDERIG:
18
Q.
That is the lease. Is that not correct?
19
A.
Correct.
20
Q.
Now, in paragraph four of that lease -- well,
21 let's start with paragraph one. All that was leased to
22 Ms. Bridwell was a cubicle of 12 feet square. Is that
23 correct?
24
A.
Well, 144 feet.
25
Q.
144 square feet?
CoP.CoR.S. @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
. .
38
1
A.
Together with the access in to and out of that
2 space.
3
Q.
Now, in paragraph four it states that the
4 lessor, which was you, would be responsible for fire and
5 liability insurance on the building and grounds. Is that
6 correct?
7
A.
Um-hum.
8
MR. SHIPMAN: Say yes.
9
THE DEPONENT: Yes. I'm sorry.
10 BY MR. MULDERIG:
11
Q.
That you would be responsible for maintenance
12 outside of the cubicle. Is that correct?
13
A.
Well, as well as inside the cubicle or
14 structure, etcetera. I mean, we're responsible for
15 maintenance of the entire property.
16
Q.
And the lessee was only responsible for
17 maintaining the leased premises, the cubicle. Is that
18 correct?
19
A.
Correct.
20
MR. MULDERIG: Thank you. I have no further
21 questions.
23
MRo SHIPMAN: Anything else?
MR. ANDREWS: No.
22
24
(Whereupon, the deposition was concluded
at 2135 p.m.)
25
C.P.C.R.S. @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
. . . ..
39
1
2 COMMONWEALTH OF PENNSYLVANIA
as.
3 COUNTY OF CUMBERLAND
4
5 I, JILL L. ROTH, a Court Reporter-Notary Public
6 authorized to administer oaths and take depositions in the
7 trial of causes, and having an office in Carlisle,
8 Pennsylvania, do hereby certify that the foregoing is the
9 testimony of RICHARD L. ROVEGNO.
10 I further certify that before the taking of
11 said deposition the witness was duly sworn; that the
12 questions and answers were taken down in stenotype by the
13 said Reporter-Notary, approved and agreed to, and
14 afterwards reduced to computer printout under the
15 direction of said Reporter.
16 I further certify that the proceedings and
17 evidence are contained fully and accurately in the notes
18 taken by me on the within deposition, and that this copy
19 is a correct transcript of the same.
20 In testimony whereof, I have hereunto
21 suhscribed my hand this 27th day of June, 1997.
22
NOTARIAL SEAL
JILL ROTH
CARLISLE DOROUGH, CUIIBERUHD COUNTY
lIY COIIIIISSION EXPIRES HOY. IS 2000
-&.~
Notary Pu ~c
23
24
My Commission Expires November 13, 20000
25
C.P.C.R.S. @ pacourt@kns.net
(717) 258-3657 or (800) 863-3657
.
.
,
JEREMY J. HOUP, : IN THE COURT OF COMMON PLEAS
Plalntlfl', : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 9HII99
.
LAWTON and EVELYN ROVEGNO, : CIVIL ACTION. LAW
illCHARD L. ROVEGNO and ROVEGNO'S
OF CARIJSLE,
Defendanu,
v.
MELISSA BRIDWELL, additional
Defendant
ORDER OF COURT
AND NOW, thia
day of
. 1997, upon preeentaUon and
consideration of Additional Defendant Meliaaa BrldweU'. Motion for Summary Judjpnent, thla Motion
for Summary Judgment Ie granted.
BY THE COURT
J.
1
.
~
. '.
...
"
,
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. OHIl99
JEREMY J. HOUP,
PIalntll1',
LAwroN and EVELYN ROVEGNO,
RICHARD L. ROVEGNO and ROVEGNO'S
OF CARIJSLE,
Defendants,
.
.
: CIVIL ACTION. LAW
v.
MELISSA BRIDWELL, additional
Defendant
MOTION FOR SUMMARY JUDGMENT
The Additional Defendant, Me1isaa BridweD, by and through her attorney, Matt McCIenahen of
Turo Law Offices, fIIl!l1 thia Motion for Summary Judgment pursuant to Pa.R.C.P. 10811.2, and states in
eupport thereof:
1. The following facts are not in dispute:
a. On April 29, 1994, and sometime prior thereto, Me1isaa Bridwell leased IItor8p
epace on the second floor of a building located at 401 East Louther Street, Carliele,
PelUlllYlvania.
b. The above described building is owned and operated by Rovegno Properties.
c. Rovegno Properties is a partnership composed of Richard L. Rovegno, Lawton
Rovegno and Evelyn B. Rovegno.
d. Rovegno's of Carlisle is a Corporation whOlle only ehareholdera known to
additional Defendant Bridwell are Richard L. Rovegno, Lawton Rovegno IUld Evelyn B.
Rovegno.
e. The managing partner of Rovegno Propertiee has at all timl!ll relevant to thla
litigation been Richard L. Rovegno.
1
(
..
4
..
f. On July 30. 1993. a 1_ was entered between Rovesno Propertie8 aa leeaors
and Me1ilaa BrldweU aa 1_. A true and correct copy or thilI ~ ill attached aa "Ezhlblt A'
and ill Incorporated herein by reference.
g. This 1_ WIll for approllimately 144 square feet of storage IpeC8 in the
building dellCl'!bed in sub-peragraph 's.'
h. Richard L. Rovegno signed thilIl_ saUle managing partner of Roveino
Propertiell.
L On or about April 29. 1994, Jeremy Houp and several other people. including
Melissa BridweD, entered the above described building in order to remove Melissa BrldweU's
personal property from the storage space.
j. Melissa BridweD, Jeremy HOUfl and several other people then entered the
freight elevator on the ground floor in order to reech the second floor, where the rented
storage space W8I located.
k. When Jeremy Houp attempted to close the inside doors of the elevator by
pulling on the overhead strap, tho overhead door met a door rising from the floor, and the
Iat.ching hardware of the two doors impaled Jeremy Houp's hand.
I. On January 16, 1996, Jeremy Houp med an Amended Complaint, naming
Lawton and Evelyn B. Rovegno, Richard Rovegno and Rovegno's of Carlisle sa Defendants. A
true and correct co!'y of this complaint is attached sa 'Ezhlbit B' and is incorporated herein by
reference.
m. This complaint was based on the il\iuries received by Jeremy Houp on AprlJ,
29, 1994, in the building owned by Rovegno Properties.
n. On or about March 15, 1996, the Rovegn08 med an Answer to Jerem,y Houp',
Complaint. A true and correct copy of this Complaint is attached sa 'Ezhlbit C' and ill
Incorporated herein without admission or adoption.
2
,
..
o. On or about May 20, 1996, Defendant., IAwton and Evleyn B. Rovqno.
RIchard L. Roveano and Rovep1o'. of Cullale, eerved Men- BrId1m11 with a Complaint to
join her sa an Additional Defendant. A true and COI'I'ect copy of thla complaint W attached sa
"Exhibit D' and w incorporated herein without IItlmlulQt\ or adoption.
p. On or about JWle 19, 1996, MelJaea BrldweU tUed an Answer to the Complaint
to join her aa an Additional Defendant. A true and correct copy of thla Answer w attached sa
'Exhibit E' and is incorporated herein by reference.
2. Paragraph 4 of the 1_ between MelJaea BrldweU and Rovl!illO Properties attempted
to lIhIeld the Rovegnoe /rom liability for neglia'ence. The relevant clause ,'eada: 'LESSEE IhaIJ CIUr1
adequate WW'lUlCll for any damage that may be Inf1icted on the building and aIao to protect LESSORS
&om any and all liability for accldenla, iIliUJ'iea or mishaps to LESSEE. and gueata, InvIteea, ~
or third partie&.'
3. Exculpatory and Indemnity clauses are dillfavored WIder PelUlBylvan1a law. and are 'IOid
unIeea certain condltiona are met. ValhaJ CoI'D. Y. Sullivan Associates. Inc., 44 F.3d 195. 202 (CAS Pa.
1995).
4. Contracts agaInat liability for negligence are to be strictly construed, with any doubl.
to their validity being construed agaInat the party lIel!kIng their protection. Ibid
II. The test used to determine the validity of exculpatory r.lauaea and Indemnity c...... Ie
the ume. Ibid. citing DilIu Y. Flohr Chevrolet.lnc.. 411 Pa. 4211, 192 A.2d 682 (1963).
::t
!!,';,
j
v..1hAl Carra.;t
,..,
, (.
6. A contract agaInat liability is unenforceable if it contravenes public policy.
v. Sullivan Aaaociates. Inc. 44 F.3d 195, 2002 (C.A.3Pa. 1995).
7. A contract agaInat liability contravenes public policy where a common carrier ..u to
lIhIeld ltaelf /rom liability. Seaton v. East W"mdeor Soeedwav. Inc. 582 A.2d 1380. 400 Pa.Super. 1M
(1990). DiIlu v. Flohr Chevrolet. 100.. 411 Pa. 425, 192 A.2d 882. 887 (1963).
8. The owner of a building with an elevator is considered a common carrier. 1Ji1.L
Annor Elevator Co.. 958 F.2d 563 (C.A.3Pa. 1992).
3
4
.
19. It wou1d be absurd to COII8true the contnd to provide \hat Meliua BrldweU -
required to maintain llabi1ity insurance on the common ar-. becaUM the common - are and were
m the ucluIlve control and poueaIon of the Rovegnoe, and, thWl, Mellaa BrldweU never had an
Insurable interest in the common areas.
20. For the above stated reasons, the clause against liability is void.
21. The normal rules concerning a landlord's duti.. with respect to common areas apply
because the clause against liability is void.
22. Where the owner of a building leases parts thereof to several tenants, but retaina
poaeaaion and control of common areas. the landlord has the duty to keep the common _ .ceo
MorlZllll v. Bucks Associates. 428 F.Supp. 646 (E.n.pa. 1977).
23. The landlord's duty to keep the common areas safe extends to third partiee, 8UCh u
guests, licensees and invitees of the tenant. Hanko v. U.S.. 583 F.Supp. 1280, (W.n.pa. 19!U)0
24. The duty to keep the common areas, including the elevator. safe W1I8 on the JloI,llpIDII.
not Meliua Bridwell.
25. A Motion for Summary Judgment pursuant to Pa.R.C.P. 1035.2 is approprlaieJ;y
granted where there are no genuine issues of material foct and the moving party is entitled to
judgment as a matter of law.
26. Mellaa Bridwell is entitled to summary judgment because she owed no duty to
Plaintifl' J erem,y Houp, any duty owed to Plaintifl' Houp belonged exclusively to the Rovegnoe lIIld
clause in the lease seeking to immunize the Rovegnoe fioom liability is void and unenforeeable.
5
ru{;lIhH 1\
,
.
.
1/,.
'. I
t' ~ '..,. _,
, ., , ~ . .
".
SEP .4 REC'O
LEASE A'JaEEHr:NT
This agreement, made this July 30, 1993 by Rovegno Properties
hereinafter called LESSORS, 3;'.d Melissa Bridwell, hereinafter
called LESSEE.
7ja SESSORS do hereby demise a~~ lease to LESSEE and LESSEE does
hereby hire from the LESSORS a 3torage area known as F36 in the
wareho~se area of the complex :otaling approximately l44 ~q.ft.
.
:n ccnsideration of which LESSEE agrees to pay LESSOR for use and
occupancy of the space set for.th above rent as follows: $35.00 per
month in advance of the first day of each rental montho
3.
The term of the lease shall be month to month. And shall be the
optior. of either party to cancel the Lease on 30 day Wi:' it ten
~:.otice .
4.
':.ESSO'R shall pay all costs associated with the management and
~aintenance of the property to include: grounds, structural and
exterior maintenance; water and sewer, electric and gas utilities;
real estate taxes and all other assessments; fire and liability
lnsurance on the building and grounds. LESSEE shall carry adequate
:nsurance tor any damage tnat may oein.flicl':'ed on the building and
also to protect LESSORS from any and all liability lor accidents,
injuries of mishaps to LESSEE, and guest, invitees. licensees or
third parties. LESSEE agrees :0 keep and maintain the leased
premises in as good repair and c:lndition as on commence~er.t date
and to surrender t~e area at the conclusion of the lease in like
::epair and condition, na':ural '~<ear and events beyond :'SSSEi:S
control excepted.
::: w:t.ness whe!."e.')f. the parties :ntending ':0 b,= le,;~i:Y ~}('\1~nd
here~~to have ~xe~~t~d this agreement.
:=:55:::: .
:.::s&. I ~
-/;;;!/L~I _.~- .?$1fL-- .
?:.ct.ard :... R.o,,'e;) .':)
Managing Partner
~ ~lssa ar:~well
:~ Va:le-"! St. Carlisle
.. ... .... 4
_":~--.;~-
EXHIBIT
JL
All.STAn- WTtI\NATlOHAL
E.XHlBIT B
",
, .". . "
,I . .
.'
JEREMY J. HOUP.
Plaintiff
: IN THB COURT OP COMMON PLEAS OF
: CUMBERLAND COUNTY, PBNNSYL VANIA
: CML AcrlON . LAW
Y.
LAWTON & BVELYN B. ROVBGNO.
~CHARDL.RO\~NO,ud
ROVEGNO'S OF CARUSLE, INC.,
Defendants
JANI8mi
NO. 94-5599 CIVIL TERM
NOTICE
YOU HA VB BEEN SUED IN COURT 0 If you wish to defend against the claims set forth in the
foUowini Complain1. you must take action wilhin twenty (20) days after this Complaint and Notice
are served, by entering a wrinel!. appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so. the case may proceed without you and a judgment may be entered against you
by the Court without funhcr notice for any money claimed in the Complaint or for any other claim
or relief requested by the P1aintiffo You may lose money or property or other rights importanl to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE
SET FORnI BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator. Fourth Aoor
Cumberland County Court House
Carlisle. PA 17013
Phone: (717) 240-6200
.
TRUE COPY FROM RECORD
In TlIllllulonywher8Ot,l here unto set my hand
lIld the seal of said C at CarlIsle. Pa.
fhl ;Do.. Y 0 19 9b
ry
EXHIBIT
1?L
AU.STAn- ~TtRNATIOHA1
.
m~
.
8. On April 29. 1994, lha Plaintiff. Jeremy J. Houp, enrcred lha above-referenced premiaca of the
Defendanla for tho pul1lUIIG of willing Melllsaa Bradwell in moving iIcms OJof,.of storage from tho accond
floor of 401 Eaat Louther Street. Carlisle, Pennsylvania.
9. On April 29, 1994. lha Plaintiff, Melllsaa Bradwell. and otbcrs entered lha elevator wllhln the
premises to go to the second floor to retrieve the ilelllS to be moved from the premises.
10. When the plaintiff pulled tho inside doors of the elevator closed by use of the overhead strap.
the overhead door met a door rising from tho floor and tho latching hardware of the two doors impaled the
Plaintiff's hand causing Plaintiff substantial pain. fright. shock, serious bodily injury. and hwniliationo
11. The use of the elevator for access and for the movement of stored items by Melllsaa Bradwell
and those who would assist her was foreseeable by the Defendants.
12. As the owner of the property and the owner of the elevator within the property used by the
patrons of the storage business, the Defendants acted as a conunon carrier and they owed the passengers
of the elevator the highest degree of care.
13. The Defendants breached their duty to act with the highest degree of care towards the plainriff
in the use of the elevator by failing to protect the Plaintiff from the pinching and crushing actions of the
interior doors of the elevator.
14. The Plaintiff was a business '{isitor of the Defendants and the Defendants owed the Plaintiff
a duty of maintaining their premises is a reasonably safe condition for the contemplated use. or to give
warning of any failure to mainlain the premises in such a safe condition.
15. The Defendants breached their duty to mainlain the premises in a reasonably safe condition
and they also breached their duty to give warning of their failure to maintain the premises in such a safe
condition. and the Defendants' actions included but were not limited to the following acts:
A. Defendanu failed to give Plaintiff neccssaty instruction in the operation of the elevator
where the Plaimiff was injured.
n
.
B. Defendants failed to prolCCt Plaintiff from lhe unsafe condition c:aU8Cd by It) exposed
lalchIng mcc:hanlsm wluc:h impaled the Plaintiff's hando Guards could have and should have been
provided to protect lhe Plaintiff from lhis hazard.
C. Defendants failed 10 prolect Plaintiff from lhe pinching and crushing effect of lhe
interior elevator door.
D. Defendants failed to warn lhe Plaintiff of lhe hazard presented when lhe inlerior
elevator doors met.
E. Defendants failed 10 assure lhatlhe warning buzzer wilhin lhe elevalOr was operable.
F. Defendants failed to dircctlheir employee to operate lhe elevator for business guests.
G. Defendants failed 10 direct lheir employee 10 laIce olher action to protect business
guests from hann on lhe elevalOr.
16. As a proximate cause of the failure of lhe Defendants to meellheir duty 10 lhe Plaintiff. lhe
Plaintiff suffered a crush and lear injury 10 his right GIld dominant hand wilh pennanenl damage to his
lendons. wilh scarring and a lack of sensilivity on his lhird and founh fmgerso
17. As a result of his injury. Plaintiff has sustained past pain and suffering and he will endure pain
and suffering in the fulUre. Plaintiff has pennanenlly lostlhe full use of lhe ring fmger of his right hand,
and his inability to fully flex and eXlenc\ his finger will subject lhe Plainliff to fulUre suffering and
embarrassment.
18. As a result of his injuries. Plainliff has incurred lhe following medical expenses:
Carlisle Hospital
Dr. William P. Graham III
Blue Mountain Aneslhcsiology Associalcs
RWC Emergency Physicians
Carlisle Imaging Associalcs
Carlisle OUljlalient Billing
$ 5.245.79
4.580.00
850.00
66.00
27.00
829.50
TOTAL
S 11.598.29
I verify tIw die stalClI1eIllS made in die foregoing Complaint are trUe and correct. I understand that
false S/alllll1llnlS herein arc made subjcct to 1I'lO penalties of Pa. C.S. g 4904. relating to unsworn
falsification to authorities.
DATE:
1-/r-5~
_(~/~{in~~
JEREMY J. HOUP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
v.
CIVIL ACfION - LAW
LAWTON &. EVELYN B. ROVEGNO.
RICHARD L. ROVEGNO. and
. P.OVEGNO'S OF CARLISLE. INC.,
Defendants
NO. 94-5599 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that on this date.
I-If,.,
. 1996. I mailed a copy of the Amended
Complaint as captioned above to counsel for Defendants. Jefferson J. Shipman, Esquire, at the following
address by U.S. Mail. postage prepaid:
Jefferson J. Shipman, Esq.
Goldberg. Katzman &. Shipman, P.C.
320 Market Street. Strawberry Square
PO Box 1266
Harrisburg, P A 17108-1268
E.JUllBl T C
\'1
Jetter.on J. Shlpun, ..quire
I.D. #51785
QOUllUQl.O, D:r1KlUl' ..I....,
330 K&rlutt St:r..t:
P.O. Sox 1368
Harrlaburg, PA 17108-1368
(117) 334-4161
p.e.
Counsel for Defendants
JEREMY J. HOUP,
.~ Plaintiff
IN TUB COURT OF COMMON PLEAS
CUMBERLAND COtnrrY, PENNA
I
.
.
.
.
v.
: CIVIL ACTION - LAW
.
.
LAWTON , EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and
ROVEGNO'S OF CARLISLE, INC.,
Oefendants
I NO. 94-5599
.
.
.
.
.
.
NOT:ICB TO PLOD
TO: Jeremy J. Houp, Plaintiff,
and l1is attorney,
Taylor P. Andrews, Esquire
Andrews , Johnson
78 West Pomfret Street
Carlisle, PA 17013
You are hereby notified to file a written "response to
the enclosed Answer and New Matter of Defendants, Lawton and
Evelyn B. Rovegno, Richard L. Rovegno and Rovegno's of CarliSle,
Inc., to" Plaintiff's Amended Complaint, within twenty (20) days
from service hereof or a judgment may be entered against you.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
B
II J. SHIP , ESQ.
#51785
o Market street
P. O. Box 1268
HarriSburg, PA 17108-1268
(717) 234-4161
Counsel for Oefendantsl
ISfT
C
AU..srAn-INTtRHATIOfrUol
3. AdIIittecS.
4. AdIIitted. II
\~
5. Ac1IIIitted. \\
"
,\1.
--
6. Adlai tted in part, denied in part. It 18 adaitted that:
as of April 29, 1994, the Defendants, Lawton and Evelyn B.
Roveqno, Richard L. Roveqno, were enqaqed in the bu.ine.. of
leasinq storaqe spaces on the second floor ot the buildinq at 401
East Louther street, Carlisle, Pennsylvania. It is denied that
Defendant, Roveqno'B of Carlisle was engaged in this business.
7. Admitted. By way of :.:urther answer, see answer to
nUllll:ler 6.
8. Denied. The Defendants are without: information
sufficient to form a belief as ~~ the truth or falsity of the
averments in this paragraph and, the=etore, deny the same and
demands strict proof at time of trial it deemed material.
9. Denied. The Defendants are ~ithout information
sufficient to form a belief as to the truth or falsity of the
averments in this paragraph and, therefore, deny the same and
demands strict proof at time of trial if deemed material.
2
10. Denied. The Defendants are without information
sufficient to form a belief as to the truth or falsity of the
averments in this paragraph and, therefore, deny the same and
demands strict proof at time of trial if deemed material.
11. It is admitted that the use of the elevator for access
and for movement of stored items by Melissa Breadwell and those
who would assist her was foreseeable by Defendants. By way of
further answer, it is averred that Melissa Breadwell was given
specific instructions concerning the manner in which she should
use the elevator for access and for the movement of stored items
by her which instructions would apply to herself and to any
person or persons assisting her.
12. The averments in this paragraph constitute conclusions
of law to which no response is required.
U. Denied. It is specltically denied that Defendants
breached their duty to act with the alleged highest degree of
care towards the Plaintiff in the use of the elevator by failing
to protect the Plaintiff from the doors of the elevator.
14. Denied. The averments in this paragraph constitute
conclusions of law to which no response is required. In the
event a response is deemed to be required, the averments
J
"
contained therein are specifically denied. By way of further
answer, the Defendants maintain their premises in a reasonably
sate condition for the contemplated use thereof.
15. Denied. It is specifically denied that the Defendants
breached their duty to maintain the premises in a reasonably sate
condition. The remaininq averments in paragraph 15 are also
specifically denied.
a) It is specifically denied that Defendants failed
to qive the Plaintift necessary instructions in
the operation ot the elevator where thePlaintift
was injured. The Defendants qave specific
instructions to their tenant, MelissaoBreadwell
for use of the elevator which instructions apply
to anyone assistinq Ms. Breadwell in the movement
ot her items;
b) Denied. It is specifically denied that Defendants
tailed to protect the Plaintiff trom an alleqedly
unsafe condition caused by the exposed latchinq
mechanism which alleqedly impaled the Plaintiff's
hand. It is specifically denied that guards could
have and should have been provided to protect
Plaintiff from this alleqed hazard. By way of
further answer, it is averred that the accident
was caused by the contributory neqliqence of the
4
Plainti~t and by hie knowinq and conscious
assumption ot a known and obvious risk and/or
condition;
0) Denied. It is sp.ci~ically denied that the
Defendants tailed to protect the Plaintiff trom
the elevator door;
d) It is specitically denied that the Detendants
tailed to warn the Plaintitf of the alleqed hazard
pre.ented when the elevator doors met;
e) It is specifically denied that the Detendants
failed to assure that the warninq buzzer within
the elevator was operable;
f) Denied. In the event that assistance in the use
ot the elevator was needed, an employee of
Defendants was available to operate the elevator.
q) Denied. It is specitically denied that the
Defendants tailed to direct their employee to take
other action to protect business quests tram harm
on the elevator.
16. Denied. The averments in this paragraph are in part
conclusions of law to which no response is required. By way ot
further answer, the Defendants are without information sufticient
to form a belief as to the truth ot the injuries sustained by the
5
Plaintiff and, therefore, deny the same and demands strict proot
at time ot trial if deemed material.
17. Denied. After reasonable investiqation, Detendants are
without information sutficient to form a beliet as to the truth
or falsity of the averments in this paragraph and, therefore,
deny the same and demands strict proot at time ot trial it deemed
material.
18. Denied. After reasonable investiqation, Detendants are
without information sutticient to torm a belief as to the truth
or falsity of the averments in this paragraph and, therefore,
deny the same and demande strict proof at time of trial if deemed
material.
WHEREFORE, the Defendants, Lawton and Evelyn B.
Roveqno, Richard L. Roveqno and Roveqno's of Carlisle, Inc.,
respectfully request that judgment be entered in their favor and
that the Plaintiff's Amended Complaint be disminsed with
prejudice.
NEW MATTER
By way of additional answer and reply, Defendants,
Lawton and Evelyn B. Roveqno, Richard L. Roveqno and Roveqno's ot
CarliSle, Inc., interpose the followinq New Matters:
6
20. That the Plaintitt has tailed to .tate a cau.e of
action again.t the Detendant..
21. That the Detendant. owed no duty ot care to the
o. Plaintiff.
22. That the Plaintiff's injuri_ and d&ll&g_ were not
caused by any acts, omissions, or breaches ot duty by Detendants,
but were caused in whole or in part or were contributed to by the
negligence, tault or want of care ot the Plaintitf.
23. That the Plaintitf's cause of action is barred in whole
or in part by the Doctrine ot Comparative Negligence.
24. That the Plaintitt assumed the risk ot the injuries
allegedly sustained by him by reason of his own negligence and
carelessness.
25. That the Plaintiff was comparatively negligent and
tail~d to exercise reasonable care tor his own safety in the
tollowing:
a) Closing the doors ot the elevator together in a
reckless manner;
b) tailing to remove his hand from the area of the
doors of the elevator;
7
c) closing the doors ot the elevator together too
quickly;
d) failing to be attentive and to watch as he was
closing the doors ot the elevator;
e) failing to obtain instruction or assistance on the
use ot the elevator;
t) tailing to avoid an open and obvious danger
involving the elevator doors;
g) tailing to turn on the light to the elevator; and
h) closing the doors of the elevator in a hurried or
otherwise inappropriate manner.
26. That the Plaintitt's tailure to exercise reasonable
care tor his own satety was a substantial tactor in the happening
ot the accident.
27. That the accident and any injuries and damages
sustained by the Plaintitt may have been caused in whole or in
part by the negliqence ot third persons not presently involved in
this action.
WHEREFORE, the Defendants, Lawton and Evelyn B.
Roveqno, Richard L. Rovegno and Rovegno's of Carlisle, Inc.,
8
respecttully request that judgment be entered in their favor and
that the Plaintift'. Amended Co.plaint be di..i..ed with
prejucHce.
GOLDBERG, KATZMAN , SHIPMAN, P. C.
,
ON J. SHI , ESQ.
.D. #51785
320 Market street
P. O. Box 1268
Harrisburq, PA 17108-1268
(717) 234-4161
Counsel tor Defendants
9
VERIFICATION
We, Lawton ana Evelyn B. Rovegno ana Richard L.
Rovegno, hereby acknowleaqe that we are the Defendants in this
action; that we have read the foreqoinq document and that the
facts statea therein are true ana correct to the best of our
knowledqe, information ana belief.
We understand that any false statements herein are made
subject to penalties of 18 Pa. C.S. Section 4904, relatinq to
unsworn falsification to authorities.
Lr-;.....\ (' /f<1"\J~"O
LAWTON ROVEGNO
:J
Date: '311'f/?~
~I~ICATE OP SERVICE
I HERDY CERTIFY that I served a true and correct copy
at the toregoing docuaent upon all counsel ot record by
-.depositing the same in the United States Mail, tirst class,
l!l- 171
day
postage prepaid,
ot Yh~
at Harrisburg, Pennsylvania, on the
, 1996, addressed as tollows:
Taylor P. Andrews, Esquire
Andrews , Johnson
78 West Pomtret Street
Carlisle, PA 17013
GOLDBERG, KATZMAN , SHIPHAN, P. c.
NJ.SHIP,
torney I.D. #51785
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Counsel tor Detendants
VERIFICATION
I, Richard L. Rovegno, hereby acknowledge that I am a
Detendant in this action; that we have read the toregoing
document and that the tacts stated therein are true and correct
to the beet ot my knowledge, information and belief.
I understand that any false statements herein are made
subject to penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authoritles.
a
Date:
3~7/U
.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy
of the foregoing document upon all counsel of record by
depositinq the same in the United states Mail, first class,
postage prepaid, at Harrisburg, Pennsylvania, on May 20, 1996:
Taylor P. Andrews, Esquire
Andrews & Johnson
78 West Pomfret Street
Carlisle, PA 17013
Ms. Melissa M. Bridwell
77 Betty Nelson Court-SA
Carlisle, PA 17013
Ms. Melissa M. Bridwell
5073 Ritter Road
Mechanicsburg, PA 17055
Certified Mail
No. P003 116 576
GOLDBERG, KATZMAN & SHIPMAN, P.C.
.
E.XlIIBIT D
. .
r
Jatta~aon J. Shipaan, laquiKe
I.D. #51785
GOLDBIRQ, KAtJKAM . IHIPMAK, P.C.
310 K.u:lca1: S1:~"1:
P. O. Box 1268
H&~~iabuz9, PA 17108-1168
(717) 134-4161
Counsel tor Defendants
JEREMY J. HOUP,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
.
: CIVIL ACTION - LAW
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and
ROVEGNO'S OF CARLISLE, INC.,
Defendants
.
.
NO. 94-5599
.
.
.
.
.
.
v.
.
.
.
.
MELISSA BRIDWELL,
Additional Defendant
.
.
.
.
TO: Melissa Bridwell
Additional Defendant
.
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take action
within ~enty (20) days after this Complaint and Notice are
served, by entering ~ written appearance personally or by
attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judqment'~ay be entered against you by the Court without further
notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator, Third Floor
CUmberland County Courthouse
Carlisle, PA l70l3
Telephone: (7l7) 249-llJ3
EXHIBIT
1L
..
"
NOTIcn.
Le had demandado a u.ted en la corte. Si uated quiere
detenderse 4e e.tae demanda. expuestaa en laa paqlnas eiquientes,
uated tiene vi.nte (30) dias de plazo al partir 4e la techa de la
de~anda y la notiticacion. Usted debe pr.sentar usa apari.ncia
escrita 0 en persona 0 por abogado y archivar en la corte en
torma escrita sua detens~s 0 sus objectiones alas demandas en
contra de au persona. Sea advisado que si usted no se detiende,
1a sin previo aviso 0 notiticacion y por cualquier quja 0 puede
perder dinero 0 sus propiedades 0 otros derechos importantes para
usted.
LLEVE ESTA DEMANDA A UN ABODADO IMMEDIATAMENTE. S1 NO T1ENE
ABOGADO 0 S1 NO TIENE EL DINERO SUF1C1ENTE DE PAGAR TAL SERVIC10,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OF1C1NA CUYA D1RECC10N
SE ENCUENTRA ESCRITA ABAJO PARA AVER1GUAR DONDE SE PUEDE
CONSEGU1R ASISTENC1A LEGAL.
Court Administrator, Third Floor
CUmberland County Courthouse
Carlisle, PA 17013
Telephone: (717) 249-1133
2
"
JetteraOR J. Shipman, laquire
I.D. 151785
GOLDBIRG, IATZ)IAIf , SHIPMAN,
320 Market Street
P. o. IIox 1268
Harriaburq, PA 17108-1268
(717) 234-4161
P.C.
Counssl tor Detendants
,JEREMY ,J. HOUP,
plaintift
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
.
.
.
.
v.
.
.
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and
ROVEGNO'S OF CARLISLE, INC.,
Defendants
.
.
: NO. 94-5599
:
:
.
.
v.
.
.
.
.
MELISSA BRIDWELL,
Additional Defendant
.
.
.
.
COMPLAINT TO ,JOIN ADDITIONAL DEFENDANT,
MELISSA BRIDWELL
AND NOW, come the Defendants, Lawton and Evelyn B.
Rovegno, Richard L. Rovegno and Rovegno's of Carlisle, Inc., and
file the following complaint joining Additional Defendant,
Melissa Bridwell:
1. Defendants, Lawton and Evelyn B. Rovegno and Richard L.
Rovegno, are adult individuals collectively referred to herein as
the Rovegnos.
"
2. Additional Defendant, Melissa Bridwell, is an adult
individual and who last known residence address was at 77 Betty
Nelson Court-SA, Carlisle, CUmberland County, Pennsylvania.
3. That on January 16, 1996 the Plaintiff, Jeremy Houp,
through his attorney, Taylor Andrews, filed an Amended Complaint
which is incorporated herein without admission or adoption and is
attached as Exhibit "A" to this joinder complaint.
4. That on or about March 13, 1996 the Roveqnos filed a
Praecipe for Writ of Summons joining Melissa Bridwell as an
Additional Defendant to this lawsuit, which is attached as
Exhibit "B".
5. That on March 15, 1996 the Rovegnos filed an Answer
with New Matter defenses in reply to the Complaint of Jeremy
Houp, Which Answer is incorporated herein by reference and
attached as Exhibit "C".
6. That liability on the part of the Rovegnos is
specifically denied.
7. That if the averments contained in Jermey Houp'S
Amended Complaint are established, said averments being
specifically denied as they relate to the Rovegnos, then the
injuries and damages complained of were cause solely or in part
by the negligence of the Additional Defendant, Melissa Bridwell.
8. That on April 29, 1994 Melissa Bridwell was a tenant of
the Rovegnos and had been leasing storage space on the second
2
tloor ot the Roveqno. building at 401 la.t touther street,
Carli.le, cumberland county, penn.ylvania.
9. That prior to April ~9, 1994 Mali..a Bridwell had
received speoitic in.tructions on the aate operation ot an
elevator leading to the .econd floor atoraqa area.
10. 'rhat Meli..a Bridwell had al.o received notige and was
. .----_.~-------'-
aware ot her responsibility tor any and all quest. ot hers at 401
East Louther street, CarliSle,' PA.
11. That on April 29, 1994 Meli.sa Bridwell invited Jeremy
HOUP and others to the property in question to assist her in
movinq her own personal property.
12. That while Melie.a Bridwell and Jeremy Houp and others
were in the proce.. ot usinq the elevator to move Bridwell'S
personal property, Jeremy Houp claims that he closed the elevator
doors on his hand, sustaininq various personal injuries.
13. That Melissa Bridwell was present in the elevator at
the time ot Jeremy HOUP's injury.
14. That Melissa Bridwell permitted at least seven persons
to be in the elevator at the same time.
15. That at no time prior to the accident did Melissa
Bridwell notity the Roveqnos of her intention to invite Jeremy
Houp and others to the property on April 29, 1994.
16. That Melissa Bridwell did not seek any assistance trom
the Roveqnos or anyone else at 401 East Louther street, carlisle,
on April 29, 1994 with use ot the elevator.
3
..
17. That Melissa Bridwell had used the elevator in question
before April 29, 1994 without incident or injury.
18. That Melissa Bridwell did not giv~ any instruction to
Jaremy Roup before he attempted to close the elevator doors.
19. That Melissa Bridwell did not turn on the light in the
elevator in question before Jeremy Houp attempted to close the
elevator doors.
20. That the injuries and damages alleged by Jeremy Roup
were a direct and proximate cause of the negligBnce and
carelessness of Melissa Bridwell in that she:
A. Allowed Jeremy Houp to operate the elevator and
close the elevators doors;
B. Failed to instruct Jeremy Houp on the correct
manner in which to operate the elevator;
C. Failed to turn on the light inside the elevator in
question;
D. Failed to operate the elevator herself;
E. Failed to be attentive to who was closing the
elevator doors and how the doors were b~ing closed;
F. Failing to inform Jeremy Houp to remove his hand
from between the elevator doors as they were closing;
G. Permitting Jeremy Houp and others to close the
elevator doors in a careless or reckless manner; and
H. Failing to notify the Rovegnos of Jeremy Houp's
presence and failing to obtain assistance and further
4
instruction on the correct operation ot the elevator if
necessary.
WHEREFORE, the Detendants, Lawton and Evelyn B. Rovegno,
Richard L. Roveqno and Rovegno's ot Carlisle, Inc., respectfully
request that judqment be entered in their favor and against the
Plaintitf, Jeremy Houp, and the Additional Defendant, Melissa
Bridwell.
Respectfully submitted,
GOLDBERG, KATZMAN & SHIPMAN, P.C.
B
son J. ~
o Market stree
P.O. Box 1268
Harrisburg, PA 17108-1268
Idsntification No.: 51785
Telephone: (7l7) 234-4161
5
.
E.XBl&lT Eo
(J .J I
~
.
.
JEREMY J. SOUP,
P~
: IN THE COURT OF COMMON PLEAS
: CUYBERLANIl COUNTY, PENNSYLVANIA
:NOo~
: CML ACTION - tAW
.,.
LAWTON md EVELYN ROVEGNO.
RICHARD L. ROVEGNO md ROVEGNO'S
OF C/lIlT~T.IP,.
DeClIIId.mta,
~ ~ ~
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ANSWER TO COMPLAINT TO JOIN ADDmONAL DEFENDANT. Mv.r.T~qA'BRiD~l
Y.
MELISSA BBlDWEU.. Idditional
DeClIIId.mt
AND NOW, com'll the Defendant, MeIiasa BrIdwell. md me. the CollawiDi Aoawerto Complaint
joinlD( additional Defendant, Melissa BridWllII:
1. Admitted-
2. Admitted in part denied in part. It ia admitted thai MeIiasa BrIdWllllis an adult individua1.
It is denied that hu last known address _ at 77 Betty Nelaon Court -M. CarIlaIe, Cumberland County,
PeD1lSylvania. Her present addresllla Melissa Bridwell. 62 Wmter Lane. Enola,. PA 17025.
S. Admitted.
4.. Admitted.
Ii. Admitted.
6. It is admitted that the Rovegno's lU'e speciftcaIly denying liability. Thia ."""..!QQ is -.Ie
without .nm;.,;nn or adoption of the Rovegno's dtmiaL
7. Denied. It ia specit1caI1y denied that any injuries or damage complained ol were in DUJ ftoy
caused by the negligence DC the additional DeCendant Melissa Bridwell. It is IUrther deuied that the
additional DeCendant Melillaa Bridwell "'lIS in any manneI' negligent.
80 Admitted.
90 Admitted in parto It is admitted that priOI' to April 29. 1994. MeIiasa Bridwell bad bem
shown how to operate an elevator to the second 0001' storage llI'lllL
EXHIBIT
E:.
10. The Defendant is without 1I'.fllM""'t information to Cormu1ate enlUllWC' to thla ai1eption
in that the pl-dn11l' does not state euctly what notk:e and respqnlll'hi1ltl_ that the Deflllldant Ravegno'.
_ refl!l'riDi to.
11. Admitted.
12. Admitted.
13. Admitted.
14. Admitted.
15. Denied. It is admitted that prior to the ,.,.."-t olj,lltlnnal Defeudent did not DOtlfy
Defendani Rovegno'. of her intention to invite Jenmy Houp by IIIIII1ll. The sdditlona1 Derendent' M..II...
Bridwell did notlfy the agent or the Rovegno'. that she would. have IIOUII people there on Aprll29. l.994
to help her lIlll'II.
16. Admitted.
11. Admitted.
18. Admitted.
190 DllDied in that the light was on in the elevatorin question before Jeremy Roup attempted
to cIoee the e1tl'1ator doors.
200 Denied in that the iIljuries end damages alleged by Jeremy Houp were not a direct end.
approximate cause oC the negligence and carelessnel\ll or Melissa Bridwell in that:
a. Neither prohibited nor allowed Jeremy Houp to operate the elevator and cIoee thlt
elevator doors;
b. Had no obligation to instruct Jeremy Houp on the correct manner in wblch to
operate the elevator in that she did not request him to do so;
c. Did not Cail to turn on the lights inside the elevator in question in that Slid lighta
were on;
d. W 8JJ intending to operate the elevator herself;
e. It is specifically dllDied that she failed to be attentive to who was cIosIns the
elevator doors and how the elevator doors were closed;
~ a. ?:
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(.) IJ'I ()
..
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PRAECIPE FOR USTING CASE FOR TRIAL
(Must be typewritten and submitted in dupli~ate)
TO HIE PR.OHIONOT AR. Y OF CUMBERLAND COUNTY
Please list the following ~ase:
(Check one)
( )
(X)
forJUR Y trial at the next term of civil court.
for trial without ajury.
..................------.-------------------------------------------.----------
CAPTION OF CASE
(entire caption must be stated in full)
(check one)
JEREMY J. HOUP.
(X) Civil Action. law
( ) Appeal from Arbitration
( )
Plaintiff
(other)
LA WTON & EVELYN B. ROVEONO
RICHARD L. ROVEGNO, and
ROVEGNO'S OF CARLISLE, INC.,
Thlltriallist will be called on June 9, 1998
Trials commence on July 6, 1998
Pretrials will be held on June 30. 1998
Defendants
vs.
(Briefs are due 5 days before pretrials.)
(The party listing this case for trial shall
provide forthwith a copy of th" praecipe
to all counsel. pursuant 10 local R.ule 214.1
MELISSA BRIDWELL,
Additional Defendant
No. 94-5599
Indicate the attorney who will try case for the party who tiles this praecipe: Taylor P. Andrews, Esquire. 78 W
Pomfret Street. Carlisle, PA 17013.
Indicate trial counsel for other parties if known: Jefferson 1. Shipman. Esquire, Goldberg, Katzman &
Shipman, P.C. 320 Market Street. P.O. Box 1258. Harrisburg. PA 17108.1268. Attome)' for Defendants and
Robert 1. Mulderig, Esquire, Melissa Bridwell, 32 South Bedford Slreet. Carlisle PA 17013, Attorney for
Additional Deti:ndanl
This ~ase is ready for trial.
Date: May 14, 1998
'aylor . Andrews, Esquire
Attorney for Plaintiff
.
Richard Jo PI.rce
Court Administrator
OFFICE OF THE COURT ADMINISTRATOR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
1 Courthouse Square' Carlisle, PA 17013
Phone 'Iryn N. Dixon
(711) 240.6200 Asalatlllt Court Administrator
(111) 691.0371
(711) 532.7288
(111) 24006462 FAX
)
MEMORANDUM
FROM:
The Honorable Judge Kevin A. Hess
Taryn N. Dixon, Assistant Court Administrator-'~o 0..-)-
May 18, 1998
TO:
DATE:
(NRE:
5599 Civil 1994
JEREMY J. HOUP
V!.
LA WNTON &: EVELYN B. ROVEGNO, ET.AL.
The above case is assigned to you for a non-jury trial. Please provide me with copies of
your scheduling orders and final disposition date so ( can monitor the case for statistical
purposeSo
S II ?:, \ ~ \""tl;>,
PRAECIPE FOR IJSTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
1----
",
"
,
TO TIlE PROTHONOTARY OF CUMBER'AND COUNTY
Please list the following case:
(Check one)
( )
(X)
for JURY trial at the next term of civil court.
for trial without a jury.
; ,'.
,
<.j
.,
~)
(;:)
...-..."............. --....... --..... ..-..........-......-.... ........ -...... ........ ................................................-....................
CAPTION OF CASE
(entire caption mllst be stated in full)
(check one)
JEREMY J, HOUP,
(X) Civil Action. Law
( ) Appeal from Arbitration
( )
Plaintiff
(other)
LA wrON & EVELYN B. ROVEGNO
RICHARD L. ROVEGNO, and
ROVEGNO'S OF CARLISLE,INC.,
The trial list will be called on June 9, 1998
Trials commence on July 6, 1998
Pretrials will be held on June 30, 1998
Defendants
vs.
(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
MELISSA BRIDWELL,
Additional Defendant
No. 94-5599
Indicate the attorney who will try case for the party who files this praecipe: Taylor P. Andrews, Esquire, 78 W
Pomfret Street, Carlisle, PA 17013.
Indicate trial counsel for other parties if known: Jefferson 1. Shipman, Esquire, Goldberg, Katzman &
Shipman, P.C, 320 Market Street, P.O. Box 1258, Harrisburg, PA 17108-1268, Attorney for Defendants and
Robert J. Mulderig, Esquire, Melissa Bridwell, 32 South Bedford Street, Carlisle, P A 17013, Attorney for
Additional Defendant
This case is ready for trial.
Signed:
Printed N
aylor P. Andrews, Esquire
Attorney for Plaintiff
Date: May 14. 1998
'.:]
,
JEREMY J. HOUP,
PlAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
LAWTON & EVELYN B.
ROVEGNO, RICHARD l.
ROVEGNO AND ROVEGNO'S
OF CARLISLE, INC.,
DEFENDANTS
V.
MELISSA BRIDWEll,
ADDITIONAL DEFENDANT
94-5599 CIVIL TERM
ORDER OF COURT
AND NOW, this 28th day of May, 1998, this non-jury civil listing having been
assigned to this judge, and the record reflecting that there Is a pending motion for
summary judgment before President Judge Hoffer, the listing Is stricken as premature.
Taylor P. Andrews, Esquire
For Plaintiff
Jefferson J. Shipman, Esquire
For Defendants
Cot~wJ''''.'j,.{, s/:l9/'If'
,J~
Robert J. Mulderlg, Esquire
For Additional Defendant
Court Administrator
:saa
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there was no genuine issue of material fact relating to Plaintiffs negligence claim. '
By the Court
J.
Taylor P. Andrews, Esquire
Andrews & Johnson
78 West Pomfret Street
Carlisle, PA 17013
Attorney for Plaintiff
Jefferson J. Shipman, Esquire
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Attorney for Defendants Rovegno
Robert J. Mulderlg, Esquire
Turo Law Offices
32 South Bedford Street
Carlinle, PA 17103
Attorney for Defendant Bridwell
C~ rr...c....u.~ "" /3(11 :~.y.
;~
i
I The Court also notes that Defendants Rovegno failed to submit an answer
to Defendant Bridwell's Motion for Summary Judgment. Additionally, Defendants
Rovegno's brief states that all deposition transcripts were filed contemporaneously
with the Brief. However, while Defendants cite the depositions of Melissa Bridwell,
Richard Rovegno, Todd Lawrence and James Musselman, only Richard Rovegno's
deposition was on file with this court.
PRAECIPE FOR 1~ISTlNG CASE FOR TRIAL
(Must be typcwrillcn and submillcd in duplicate)
TO HIE PROTHONOTARY OF CUMIlERLAND COUNTY
Please list the followinll case:
(Check one)
( )
(X)
for JURY trial at the nexlteon of civil court.
for trial without a jury.
CAPTION OF CASE
(entire caption must be staled in full)
(check one)
JEREMY J. HOUP.
(Xl Civil Action. Law
( ) Appeal from Arbitration
( )
Plaintiff
(other l
LA WTON & EVELYN B. RDVEGND
RICHARD L. RDVEGND. and
RDVEGNO'S OF CARLISLE. INC.,
The trial list will be called on August 18, 199
Trials commence on September 14, 1998
Pretrials will be held on AUllust 26, 1998
Defendants
Additional Defendant
(Briefs are due 5 days before pretrial~.)
(The party Iistinll this case for trial shall
provide forthwith a copy of the praecipe
to all counsel, pursuant to local Rule 214.1
vs.
MELISSA BRIDWELL,
No. 94-5599
Indicate the attorney who will try case for the party who files this praecipe: Taylor P. Andrews, Esquire, 78 W
Pom fret Street, Carlisle, I' A 17013.
Indicate trial counsel for other parties if known: JelTerson 1. Shipman. Esquire, Goldberg, Katzman &
Shipman, P.C, 320 Market Street. P.D. Box 1258.lIarrisburg, PA 17108-1268. Allomey for Defendants and
Robert J. Mulderig. Esquire. Melissa Bridwell, 32 South Bedford Street. Carlisi' A 13 torney for
Additional Defendant
Date: July 7, 1998
Signed:
Printed Na e:' aylor . Andrews, Esquire
Attorney for Plaintiff
This case is ready for trial.
JEREMY J. HOUP,
PLAINTIFF
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY. PENNSYLVANIA
LAWTON & EVELYN B.
ROVEGNO. RICHARD L.
ROVEGNO AND ROveGNO'S
OF CARLISLE, INC.,
DEFENDANTS
V.
MELISSA BRIDWELL,
ADDITIONAL DEFENDANT
94-5599 CIVIL TERM
ORDER OF COURT
AND NOW, this 12th day of August. 1998, a civil non-Jury trial Is scheduled for
Monday, September 14, 1998. at 8:45 a.m., In Courtroom Number 2, Cumberland
County Courthouse, Cartlsle, Pennsylvania.
Taylor P. Andrews, Esquire
For Plalntiff
Jefferson J. Shipman, Esquire
For Defendants
c....;.....oJ ()";'~t<.c 8/13/ '18'.
U A l~
Robert J. Mulderlg, Esquire
For Additional Defendant
Court Administrator
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Houp v. Rovegno v. Bridwell
94-5599
Plaintiffs Medical Expenses
Provider
DescriDtion
Charge
Aesthetic & Reconstructive
SurgBl'f of Central Pa. PC April 29, 1994 surgery
$3,235.00
Aesthetic & Reconstructive
SurgBl'f of Central Pa. P.C. Sept 6, 1994 surgery
Carlisle Hospital all services 4/29 to 5/2
Carlisle Hospital services 9/6/94
OccupatIonal Therapy, splintll &
Carlisle Hospital bandages
Total
$1,345.00
$3,570.61
$1,675.18
$1,931.35
$11,757.14
n
GOEDKEN'lISS ENGINEERING COMPANY
HAROLD A. SCHWARTZ. P.I.
Goedken-ll5$ Engineering Company
1853 William Penn Way
lancaster, Pennsylvania 17605.0368
7171391-2788
Direct phone: 7171244.9288
Mechanical Engineer specializing In system design, automotive engineering, failure analysis, vehicular acci-
dent reconstruction. machine guarding. safety engineering, component failure, special vehicle design and
utillt'J site analysis.
CERTlFlCAnON
Licensed as a Professional Engineer (by examination) In the Commonwealth of Pennsylvania and (by
reciprocity) in the states of New Jersey, Maryland and Delaware.
EDUCATION
Bachelor of Mechanical Engineering from Villanova University, 1965
Master of Engineering from Widener University, 1994
CONTINUING PROfESSIONAL EDUCATION
Accident Reconstruction for Engineers, Traffic Institute of Northwestern University.
The OSHA 501 Course, the Trainer Course in Oc~upational Safety and Health Standards. American
Society of Safety Engineers.
Machine Guarding, OSHA 204A. Occupational Health Foundation, United States Department of labor.
PROFESSIONAl. BACKGROUND
Consulting engineer with Goedken-liss Engineering Company beginning In 1996.
Independent Consultant/Forensic Specialist from 1994 to 1996. Heavy equipment design and failure
analysis, accident investigation. component failure and special vehicle design.
Mechanical Engineer with Philadelphia Electric Company in the Service Operations Department from
1969 to 1994. Responsibilities included vehicular accident reconstruction, automotive engineering,
safety evaluations and analyses, heavy equipment design. failure analysis, special vehicle design, fleet
maintenance program design, and telecommunications (wired and wireless) system design.
Engineer with Philadelphia Electric Company in the Electric Transmission Department from 1968 to
1969. Responsibilities included electric transmi5$lon and distribution netwllrk design and maintenance
management.
Maintenance Engineer with Allied Chemical Corporation from 1965 to 1967. Responsibilities Included
maintenance management and personnel supervision to maintain various chemical production pro-
cesses.
PROFESSIONAL ACTIVmES
Participation in technical activities of the American Society of Mechankal Engineers, the Society of
Automotive Engineers. the Pennsylvania Society of Professional EngineeiS, the Pennsylvania Electric
Association and the EDACS Utility Trunked Radio Association.
PROFESSIONAL SOCIETY MEMBERSHIP
American Society of Mechanical Engineers
Society of Automotive Engineers
American Society of Safety Engineers
National Society of Professional Engineers
National Academy of Forensic Engineers
"
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PLAIN'f'IlP'I
EXHI8f1'
9
98 I-~'"
1
,-, 1 JEREMY J. HOUP,
Plaintiff.
2 vs.
3 LAWTON 50 EVELYN B.
ROVEGNO, RICHARD L.
4 ROVEGNO and ROVEGNO'S
OF CARLISLE,
5 Defendants,
vs.
6
MELISSA BRIDWELL,
7 Additional Defendant.:
8
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NOo 94-5599 CIVIL TERM
O~\b\~t>-\..
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Videotaped
Deposition of:
WILLIAM P. GR..\HAM, Ill:, M.D.
Taken by:
Plaintiff
Before:
Susan O'Hara, R.P.R.
Court Reporter-Notary
Date:
March 5, 1998, 4:45 p.m.
place:
Aesthetic Reconstructive Surgery
840 North Front Street
Wormleysburg, Pennsylvania
18
19 APPEARANCES:
21
ANDREWS &. JOHNSON
BY: TAYLOR Po ANDREWS, ESQUIRE
FOR - PLAINTIFF
20
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25
ROBERT IRVIN, VIDEOGRAPHER
I
22 GOLDBERG, KATZMAN & SHIPMAN
BY: JEFFERSON J. SHIPMAN, ESQUIRE
23 FOR - DEFENDANTS
24 ALSO PRESENT:
2
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2 WITNESS DIRECT CROSS REDIRECT RECROSS
3 William P. Graham, III 3 17 23
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12 EXHIBITS
0 13 NO. DESCRIPTION PAGE
14 1 Curriculum Vitae 3
15 2 6/2/94 letter to Houp from Graham 23
16 3 6/2/94 letter to Houp from Graham 23
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STIPULATION
It is hereby stipulated by and between the
respective parties that signing, sealing, certification
and filing are waived.
(Graham Deposition Exhibit No.1 was marked.)
WILLIAM P. GRAHAM, III, M.D., called as a
witness, being duly sworn, was examined and testified as
follows:
10 BY MR. ANDREWS:
11 Q. Would you please identify yourself?
12 A. Dr. William P. Graham, III.
13 Q. And what is your profession?
14 A. I am a plastic and reconstructive surgeon with
15 a specific emphasis in hand surgery.
15 Q. How long have you been?
17 A. I was board certified in 1969 and have
18 practiced plastic surgery since that time.
19 Q. Doctor, I'm going to show you what's been
20 marked in the upper right-hand corner with a sticker that
21 says Graham Exhibit Number 1 with today's date on it. It
22 also has a title on it, curriculum vitae. Can you
23 indicate what that is?
24 A. Yes, this is a current and hopefully accurate
25 copy of my curriculum vitae.
4
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1 MR, ANDREWS: Mr. Shipman, am I correct that
2 there is a stipulation as to the qualifications of Dr.
3 Graham as an expert?
4 MR. SHIPMAN: That's correct.
5 BY MR. ANDREWS:
6 Q. Then I'm going to go then right to the
7 questions of your observations regarding the plaintiff in
8 this case
9 Ao Fine.
10 Q. -- Mr. Houp, if I may. Can you indicate for
11 the record, Dr. Graham, when you first encountered Jeremy
12 Houp?
13 A. Yes, sir. I had the opportunity to attend Mr,
14 Houp on the 29th of April, 1994, after he had sustained an
15 injury to his right hand, and I was asked to s~e him in
16 the emergency room at carlisle Hospital.
17 Q. Would you describe what you saw and what the
18 nature of his injury was when you saw him?
19 A. Yes. At the time I saw him, his injuries were
20 confined to his right hand; specifically, the ring finger,
21 the small finger and the palm of the hand. And he had
22 sustained what we would refer to as a crushing type
23 injury.
24 Mr. Houp, in relating the history to me,
25 indicated that he had caught his hand in what I took to be
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1 an industrial type elevator door that had a latch type
2 hook. And apparently somehow in the operation of this
3 device, he actually had the latch catch his hand and cut
4 into the tissues.
5 Q. What did you observe when you looked at Mr.
6 Houp's injuries?
7 A, Basically because of the discomfort level and
8 the recognition that he was unable to bend the ring finger
9 and that the tip of the ring finger was somewhat numb, I
10 felt that the prudent thing to do was an examination under
11 anesthesia in the operating room with permission from him
12 to repair whatever tissues were injured,
13 So, he was taken to the operating room. His
14 arm was numbed with an injection of novocaine or local
15 anesthetic in the armpit area, and we proceeded then to
16 clean the hand and examine the tissueso
17 And referring to my operative report, our
18 findings indicated a laceration or a cut across the back
19 surface of the hand that was about two and a half inches
20 long.
21 Qo Just for clarification sake, Doctor, could you
22 possibly just show with your own hand what you mean when
23 you say the back?
24 Ao Yes. it was on the back of the little finger
25 extending toward the knuckle. And then there were
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lacerations on the palm side -- am I helping here -- of
the ring finger. Once we had these wounds cleaned and
were able to inspect them with magnification, there was an
injury to the tendon that extends or straightens out the
small finger, and that was right in the area of this first
bone and that was repairedo
The injury to the palm side of the ring finger
encompassed basically the area from the end of the palm
9 out into the finger. And there was a division of one of
10 the tendons at the palm and also just beyond the middle
11 joint. So that this one tendon was actually cut through
12 in two places.
13 The second tendon, which is involved with
14 bending the middle joint, was cut frp.e from or had been
15 pulled free at the level of its juncture with the bone
16 itself. So, we had a double injury to what we refer to as
17 the profundus tendon, which bends the end of the finger in
18 the fashion that I am showing here. And we had an injury
19 to the superficialis tendon, which has that function of
20 bending the finger at the middle joint level the way I'm
21 demonstrating now.
22 And our job was then to carry out a suture
23 repair of those two sites in the profundus tendon and also
24 to reattach the shorter tendon down to the bone. This was
25 all done and the passageway through which the tendons
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passed was also repaired to some extent.
Because of the apparent numbness at the tip of
the finger, we were particularly careful to look at the
digital nerves, which are the small nerves that run along
the base of the finger on each side, and we inspected
those and were unable to demonstrate anything other than
bruising of those nerves, which would be compatible with
the history and mechanism of injury.
Because there was so much bruising in that
area, we let the blood pressure cuff that we had on the
upper arm down to make sure that there was blood flow into
the digit at the conclusion of the surgery, and there was
indeed. So, we knew that we had circulation that was
appropriate for survival of the finger at that time.
Then the wounds were repaired with sutures and
the entire hand was placed in a padded dressing in a
splint.
Q. What type of anesthesia was given to Mr. Houp
for this procedure?
A. We used a block type anesthetic, which means
that we injected the novocaine into the armpit area. And
that was also supplemented with a bit of local novocaine
where there was some areas that still had a bit of
feeling.
Q. But he was conscious for the procedure?
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A.
Yes, yes.
2
Q.
Do your records indicate, Doctor, what time it
3 was that you first saw Mr. Houp?
4
A.
They show that -- let me just check here
5 because that is an admission time and that may well have
6 been after surgery.
7 According to the emergency room record, it was
8 almost 9:00 in the evening, the time that I would have
9 seen him. So the surgery would have been carried out from
10 somewhere after 9:00 until we got through. And I note
11 that my operative note was dictated on the 29th at
12 approximately 11:00 p.m. So, we had been operating for
o
13 roughly two hours, perhaps, at the most.
14
Q.
From the history that you received, had he
15 received any other type of anesthesia for discomfort
16 before the block that you gave him and then the local
17 anesthesia to facilitate your procedure?
18
A.
No, sir, he had not.
19
Q.
The repair that you did, were there any things
20 that you could not repair in the course of this surgery?
21
A.
No. We repaired the appropriate structures
22 that were damaged, aiming to restore as much hand function
23 as possible.
24
Q.
What was the prescribed treatment after that
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Q. And to what extent was Jeremy restricted with
the extension of his finger?
A. Well, he had a measured 80-degree bend at the
middle joint of the finger. So, that would be if I can
do it for the camera -- would be approximately that much
bend in the middle joint with complete inability to
further straighten the finger.
So, although he can bring the finger down more
toward the palm, once he came up to a certain level, he
was unable to straighten it out further. With that
problem, the finger was essentially in the road for normal
hand function. And it was at that point that we advised
him that an expiration and release of whatever offending
tissues were causing the restriction should be done.
Q. In addition to not being able to extend past
the point that you've just now demonstrated, was he
limited in any way as to the extent to which he could
if flex is the right word -- curl his fingers into his
palm?
A. Yes. He did not have a normal curvature of the
21 finger as one brings it down. But because he had retained
22 motion at the main knuckle, he was able to bring this
23 finger so that it would touch the palm. But his problem
24 was that he couldn't get it out of the palm to get around
W 25 an object, a glass, a cup, or hold anything with any size
11
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1 to it.
2
Q.
Do your records indicate or do you recall
3 whether he had any other continuing symptoms as a result
4 of this injury besides those that affected his ability to
5 move his fingers? I'm thinking in terms of sensation.
6
A.
Well, he has always had less than optimal
7 sensation at the tip of that finger.
8
Q.
Now, by "always" you don't mean even before the
9 accident?
10
A.
No, I'm sorry. I mean always with reference to
11 my association with the patient. And this is attributable
12 to the bruising of the nerves that I described at our
o
13 original operative findings.
14
Q.
If he continues to have that impairment of
15 sensation at this point, four years approximately after
16 the accident, do you have an opinion within a degree of
17 reasonable medical certainty as to whether that impairment
18 would be permanent?
19
A.
If that situation pertains at this time, it is
20 indeed permanent, it will neither worsen or improve beyond
21 its present level.
22
Q.
Would you go ahead and describe what you did to
23 address the problem with the fingers that continued after
24 the first surgery or that developed after the first
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A. Yes, once it was apparent that therapy was not
making any progress and he had the basically fixed
eO-degree bend at the middle joint, a discussion was held
with the patient and his family and the decision made to
go ahead and carry out the expiration and further
release. And that was actually done as an outpatient
procedure on the 9th of September. So that would be
approximately four and a half months after the original
injury.
And at that time, my findings indicated that
there had been a good outcome as far as the flexor tendons
were concer~ed, but that the problem that was restricting
the motio" was due to the degree of injury that extended
around the base of this middle joint. And in the course
of that operative procedure, basically, the ligaments that
hold the joints steady on the sides and the very heavy
ligament across the front, or palm side of the joint, had
to be partially or totally released.
At that point, it was possible, under
anesthesia, to achieve almost full straightening of the
finger. However, there was still some springiness. So
22 that when the finger was brought up, it would kind of snap
23 back a certain degree, indicating that there was still
24 some scar that couldn't be addressed surgically. And we
-.- 25 accept that because we know that if we kind of gain
13
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1 perfection, we may have instability of the joint which
2 would be more detrimental than accepting a certain degree
3 of lack of full straightening of the finger.
4 Q. Now, am I correct that after the first surgery,
5 Jeremy's hand was put in some sort of a protective bandage
6 or cast with his fingers curled into his palm?
7 A. That is correct, yes.
e Q. Was it different after the second surgery?
9 A. Yes, it was. And because this was a release
10 procedure where all the structures that we were worried
11 about, basically the tendons were intact and were not
12 disturbed, we wanted him to move as quickly as possible.
13 So, therapy was initiated earlier and more
14 vigorously and with less restriction in terms of
15 immobilization than accompanied the first operation.
16 Q. Were there any devices used to assist Jeremy or
17 even to accomplish for him the extension of his ring
1e finger after that second --
19 A. Yes.
20 Q. Would you describe how that works?
21 A. Well, we use a variety of devices. Initially
22 we use a splint that attaches to the hand that has a wire
23 that goes out above the finger and has a cuff with a
24 rubber band that will pull the finger up by virtue of the
25 rubber band and the patient then works the finger against
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the rubber band and let's it go or come up into
extension.
Well, once the major benefit of that has been
gained, we have little devices that have Styrofoam pads on
them and springs which can be slipped on almost like a
ring that fit right at the joint level and push the joint
up but still allow active bending against the resistance
of that spring. And he was asked to use both of those.
Could we go off the record just a minute,
please, to check this beeper?
(Off the record and off camera at 5105 p.m.)
(Back on the record and on camera at 5107 p.m.)
BY MR. ANDREWS:
Q. Doctor, you had just described various devices
that were used to assist Jeremy in developing the
extenuion of his finger after the second surgery, I
believe. Is that correct?
A. Yes, sir.
Q. Did you follow Jeremy's progress after that
second surgery?
21 A. Yes, I did. I continued to see him after that
22 surgery on a relatively frequent basis to check the
23 progress, the condition of the splints, the
24 appropriateness of the splints, and saw him probably on a
25 weekly basis in the first six weeks following that
15
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2 Q. And is that while he was also in therapy?
3 A. Yes, sir.
4 Q. What was the last time that you saw Jer.emy?
5 A. The last time I saw him was July 3rd, 1995.
o
6 That would have been seven -- 11 months after the seccnd
7 surgery.
8 Q. Can you indicate the extent to which he had
9 improved in his ability to extend or flex either of his
10 damaged fingers at that point?
11 A. Yes. His ability to actively use the small
12 finger was very close to normal. He could not fully close
13 the finger tightly as I am doing for the camera, such that
14 he touched the end of the palm. With regard -- but he had
15 virtually full straightening of that finger.
16 With regard to the ring finger, the more
17 severely injured, he lacked about 20 degrees of or a
1e measured 20 degrees of being able to fully straighten the
19 finger. So that would be a bend of approximately that
20 much.
21
His flexion or bending at that joint into the
22 palm was limited. So that, again, he could not touch the
23 ring finger to the base of the palm as I am doing, but he
24 was able to touch the palm in what we would call a more
-- 25 extended fashion by bending at both of these joints. But
16
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1 it was not a normal full bend as you see me demonstrating
2 between those two points.
3 Q. Has there been -- that was your description as
4 to his condition in July of '95?
5 A, That is correct.
6 Q. Would there be any reason for you to believe
7 that his condition would improve after that point?
e A. I felt at that point he had reached what we
9 would refer to as maximum medical improvement.
10 Q. Did you discuss the possibility of yet a third
11 surgery with Jeremy for further improvement?
12 A. Yes, I did. And I need to qualify this because
13 on the border of the ring finger, toward the small finger,
14 there was a tight band of scar. That was not limiting
15 mobility as much as it was a annoying pull kind of thing.
16 And I talked with him on a couple of occasions about
17 rearranging the direction of that scar. We refer to that
1e as a Z-plasty which is a matter of turning tissue flaps to
19 break up the linear or the line pull of the scar. And
20 said that this is something that could be done under local
21 anesthesia just with numbing the finger, and that it was
22 not something that was going to produce an improvement as
23 far as mobility was concerned but might provide some
24 degree of comfort in terms of his stretching the finger
25 out and not being as aware of that pull. But in terms of
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making the extension better or the flexion better, it
would not have that result.
Q. Did you observe injuries in your treatment of
Jeremy Houp that would affect the endurance that he had
with his hand or how readily he fatigued in that damaged
finger?
A. Well, these two injured fingers are the prim
component of what we call power grip, and they are the
strong holding fingers, whereas the thumb and the other
10 two digits are more for manipulation. Consequently, if we
11 have a tendon injury or a fracture, which we did not have
12 in his case, to either or both of these fingers, one will
0 13 have a less efficient grasp of a power nature and the
14 patient will often translate that into fatiguabil i ty at a
15 certain point in time, again, depending on the level of
16 force applied and the effort expended.
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MR. ANDREWS: I don't think I have any further
18 questions.
19 Mr. Shipman.
20 Thank you very much, Doctor.
21
THE WITNESS: You're welcome.
22 CROSS-EXAMINATION
23 BY MR. SHIPMAN:
24
Doctor, Jeff Shipman, and X represent the
Q.
25 defendants in this case. I just have a few follow-up
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questions for you.
Let me pick up where you just left off
discussing some grip strength involving those two fingers,
and those are the ring and small finger on his right
hand.
A. That's correct.
Q. Since you last saw Jeremy on July the 3rd,
1995, have you received any complaints from him or
concerns from him with regards to his ability to grasp
objects or work, or any complaints from him whatsoever
with respect to that since July of 1995?
A. I hav~ had no contact from Mr. Houp referable
13 to the state of his hand since I last saw him in July,
14 1995.
15 Q. Did you place him at that time on any
16 restrictions or restrict any of his activities of any kind
17 when he was discharged in July of 1995?
1e A. The only thing that I expressed to him was
19 caution referable to that decreased feeling in the ring
20 finger, which we do for anybody, basically the ease of
21 burning it because you don't recognize heat or getting it
22 too cold. But other than that, in terms of saying that
23 you can only lift 50 pounds or something of that nature,
24 no. And he did not ask me if he should have any type of
25 restrictions.
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1 Q, But there have been no restrictions placed on
2 any activity that he may become involved in, Doctor, if I
3 understand correctly?
4 A. That is correct, sir.
5 Q. Now, going back to the first time that you saw
6 Mr. Houp which was at the time of this accident in April
7 of 1994, do I understand that the history you took from
e him was that he, quote, caught his hand in an elevator
9 door. Is that correct?
10 A. Let me -- I can read specifically from my
11 history. This is the first Carlisle operative procedure
12 for this young white male who this evening while at work
13 while closing a counterbalance door on a freight elevator
14 had a latch on the door catch his hand producing a
15 combination of crushing and tearing injury.
16 Q. Okay. And that was April 29, 1994?
17 A. Yes, sir.
1e
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20
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22
Q. And you described the injuries to the fingers
and the palm and how you repaired those injuries, and you
testified on direct examination that all of the injuries
were repaired?
A. Yes, sir.
23 Q. And Mr. Houp, while he was conscious during
24 that operative procedure on that evening, if I understand
25 correctly, he did receive an anesthetic, a local
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1 anesthetic to that part of his body that was being
2 operated on?
A. A regional anesthetic to that part of the body,
yes, sir.
Q. After that procedure, he went through a course
of physical therapy, as I understand, and that took place
at the Carlisle Hospital?
A. Yes, sir.
Q. And at the time this injury occurred, did you
understand that Mr. Houp was a student at Shippensburg
University?
A. Yes, sir, I did.
Q. Are you aware of any effects, adverse effects
of any kind on his academic work at Shippensburg
University?
A. Not that I am aware of. Or at least I cannot
17 recall any.
18
Q.
Were you aware, Doctor, while you were seeing
19 him over the summer of 1994, that he was working at the
20 Navy Ships Parts Control Center in Mechanicsburg in the
21 computer data entry area? Were you aware of that in
22 looking at your records?
23
A.
Vaguely I recall that he did have employment
24 during the summer, but I am sure that I did not note
25 specifically what that employment was.
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Q, I have a note, Doctor, in my records from the
Carlisle Hospital Outpatient Therapy Department, a
progress note dated June 10, 1994. I don't know if you
have that there.
A. I may.
I don't believe I do, Mr. Shipman.
Q. Okay. Well, Doctor, let me just show you what
I have here, and if you could read that entry on June 10,
1994.
A. June 10, 1994. This is a quotation. I'm
wearing it just about all day, parentheses, joint jack,
parentheses, close. Patient working full-time now for
summer. Is able to do all necessary tasks, he says. No
longer taking medication. Quote, able to withstand more
pressure slash stress, unquote.
Q. Okay.
A. Patient was able to touch all fingers to mid
palmar crease.
19 Q. That's June 10, 1994, and there's a reference
20 there that he was working and he was able to perform all
21 of his tasks at work at that time in June of 1994?
22 A. That's correct, sir.
23 Q. And do you recall before releasing him in July
24 of 1995 whether you received any complaint from him that
.., 25 he was not able to perform any work, any of his tasks at
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work?
A. Nothing specifically.
Q. You described for us the injury to the ring
finger on his right hand and the limited extension, and
you showed us with your finger on your right hand the
extension limitation that he had, and that you discussed
with he and his family, a second procedure which was
performed in September of 1994, as I understand, and that
procedure was carried out, and it did improve the
extension of that finger. Am I correct?
A. Yes, sir, it did.
Q. And as a result of that second procedure, the
ring finger still has some limitation. It doesn't
completely come straight out as the other fingers do, but
the small finger does fully straighten following that
second procedure?
A. Yes, sir. And the small finger was not
operated upon the second procedure.
Q. Okay. And the possible third procedure
involves a scar on his ring finger. Am I correct?
A. Yes, sir.
Q. To date you have had no follow-up with him
about that procedure?
A. That is correct.
MR. SHIP~I: ThOBe are all the questions I
23
t:'
1 have, Doctor, thank you very much.
2
MR. ANDREWS: Just very, very briefly for
3 something that Mr. Shipman touched on. If I could have
4 these marked. I want to show him.
5
(Graham Deposition Exhibit No.. ~ and 3 were
marked. )
6
7
MR. ANDREWS: They're from your package.
e
MR. SHIPMAN: Okay.
9 REDIRECT EXAMINATION
10 BY MR. ANDREWS:
11
Q.
Doctor, Mr. Shipman asked if there had been any
12 report from Mr. Houp about any problems with completing
o
13 his academic requirements, I think something such as
14 that. And I think you indicated, not that you can
15 recall.
16
A.
That's correct.
17
Q.
I'm going to show you what's marked as Exhibits
18 2 and Exhibits 3, and ask if you can indicate what those
19 are.
20
A.
Yes. These are two letters written on June
21 2nd, 1994. The first letter is in response to a request
22 from Mr. Houp to clarify the extent of his injuries,
23 include an operative report for his insurance company, and
24 to describe what basically we do in terms of the therapy
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25 that we've discussed in the testimony here.
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The second does relate to my statements to Mr.
Houp because of his concern about taking final
examinations. And I pointed out in that letter that he
had sustained a serious injury, that he had been in a
splint and was still undergoing therapy. So that if there
were any problems at school with the faculty or anyone in
the testing arena understanding this, that they were to
contact me.
Q. Was that for the purpose of explaining why he
couldn't use his right hand for writing an exam?
A. Yes.
Q. And, in fact, was that the case, that because
of his splinting and his therapy and his injury, he could
not use his right hand?
A. Yes. Plus the fact that at that point we had
not done the second operation to correct the problem of
the flexion contracture at the middle joint of the ring
finger.
MR. ANDREWS:
MR. SHIPMAN:
I have no further questions.
No other questions, Doctor, thank
you.
MR. ANDREWS: Thank you very much, Doctor.
THE WITNESS: You're welcome.
MR. SHIPMAN: I would just like to note an
objection on the mention of insurance and ask that this be
25
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1 stricken from the record. But other than that, that's the
2 only objection that I have.
3 (Whereupon, the deposition wa. concluded at
5117 p.m.)
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2 COMMONWEALTH OF PENNSYLVANIA
SS.
3 COUNTY OF CUMBERLAND
4
5 I, SUSAN O'HARA, R.P.R., a Court
6 Reporter-Notary Public authorized to administer oaths and
7 take depositions in the trial of causes, and having an
8 office in Carlisle, Pennsylvania, do hereby certify that
9 the foregoing is the testimony of WILLIAM P. GRAHAM, III,
10 M.D.
11 I further certify that before the taking of
12 said deposition the witness was duly sworn; that the
o
13 questions and answers were taken down in stenotype by the
14 said Reporter-Notary, approved and agreed to, and
15 afterwards reduced to computer printout under the
16 direction of said Reporter.
17 I further certify that the proceedings and
18 evidence are contained fully and accurately in the notes
19 taken by me on the within deposition, and that this copy
20 is a correct transcript of the same.
21 In testimony whereof, I have hereunto
22 subscribed my hand this 17th day of March, 1998.
23
"1
rl'"!:"'ll~', ,I
SU'i;'1 (\:i. -'. :j;.: '" r't1."...:
c,....,:'i~ ~,'.(., l 'f"
.,Iy Cl.~~'- - . .-11 l. ,',
--.-.-....... .~.- ._._-
:Ju.u~ (~;,,-
.Notary Public
24
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My Commission Expires February 15, 2001.
.
.
,.
.
~
CURRICULUM VITAE
William P. Graham, III, M. D.
ACADEMIC APPOINTMENTS (Cont) Associate in Surger/
July 1967 - July 1969
Assistant Professor in Surgery
July 1969 - December 1970
Lecturar in Surgery
Januar/ 1971
Pennsylvania State University
Chief, Div. of Plastic and
Reconstructive Surgery
January 1971 - July 1985
July 1996 -
Associats Professor in Surgery
January 1971 - June 1984
Professor of Surgery
July 1974 - June 1985
Clinical Prof~ssor of Surgery
July 19b~ - June 1996
Professor of Surgery & Anatomy
July 1996 -
University of Colorado
Professor of Surgery
July 1994 -
H0SPT~AL APPOINTME~rrS,
A!1sljclate in '111--",,="".'
Graduace HOSp~Cd~
University of Pennsylvania
July, 1967 - December, 1970
Director of Tumor Clinic
Graduate Hospital
University of Pennsylvania
July, 1967 - December, 1970
o
Associate Surgeon
Children's Hospital of Philadelphia
July, 1967 - June, 1972
Consultant in Plastic Surgery
Philadelphia State Hospital
July, 1967 - December, 1970
Consultant in Plastic Surgery
Veterans Administration
Hospital of Philadelphia 1970-1971
Chief, Division of Plastic Surgery
Director, Burn UI?it (CRC)
Graduate Hospital
University of Pennsylvania
1970 - 1971
..
2
3
CURRICULUM VITAE
William P. Graham, III, M.D.
~ HOSPITAL APPOINTMENTS (Continued)
Chief, Division of ~lastic Surgery
The Milton S. Hershey Medical Center
The Pennsylvania State University
1970-1985
LICENSURE:
Consultant in Plastic Surgery
Blizabethtown Hospital and
Rehabilitation Center
Blizabethtown, Pennsylvania 1970-1985
Consultant in Plastic surgery
Lancaster Cleft Palate Clinic 1972
Active Surgical Staff
Carlisle Hospital 1976 -
Harrisburg Hospital July 1985
Holy Spirit Hospital July 1985 -
polyclinic Medical Center July 1985 -
Seidle Memorial Hospital July 1985 -
Mechanicsburg Rehab Hospital 1991 -
University of Colorado Affilitates
Univ of Colorado Health Sciences
Center - University Hospital
Active Staff - 1994 -
Children's Hospital of Denver
Courtesy Staff - 1995-
Lakewood Surgical Center
Active Staff - 1995-
Commonwealth of Pennsylvania,
1961-MD6167E
State of California,
1961-1979, G7377
State ~f Colorado
1994-# 33568
National Board of Medical Examiners, 1960
American Board of Surgery, 1968 #15169
Certificate of Added Qualification
in Hand Surgery 1989 #1
American Board of Plastic Surgery
1969, #872
Recertification, 1978
Certificate of Added Qualification
in Hand Surgery 1990 #64
American Medical Association
Physicians Recognition Award
CME 1991-1999
C02 Laser Skin Resurfacing:An Advanced
Symposium - Bionet Courses
August 1996
.
CERTIFICATION:
.
4
CURRICULUM VITAE
William P. Graham, III, M.D.
t!'
o
AWARDS & GRANTS: U. S. ~lic Health Service Cancer
Trainee - University of
California, 1961-l962
Helmut Fesca Surgical Residents'
Award. Univ, of CA, June 1965
U.S. ~blic Health Service Clinical
Cancer Traineeship Grant
University of Pennsylvania
July 1965 - 1968
American Cancer Society Advanced
Clinical Fellowship
University of Pennsylvania
July, 1969 - December, 1970
U. S. Public Health Service Research
Grant Prevention of Peripheral
Neuromas with Triamcinolone
1974-l976
Lloyd Carlson Lectureship-Oct,16, 1993
Canadian Society for Aesthetic
Plastic Surgery
American Assn. of Plastic Surgeons
Clinician of Year May 1, 1995
FRATERNAL ORGANIZATIONS: Tower Club, Princeton University
Nu Sigma Nu, Medical Fraternity,
University of Pennsylvania
Rotary International 1976-1ge6
Mechanicsburg, Pa.
Chaine des Rotisseurs. Bailli,1990-
Bailliage de Susquehanna Valley
American Medical Fly Fishing Assn.1990
Trout Unlimited -Life Member
University of Pennsylvania
Club of N.Y. Charter Member # 006806
MEMBERSHIP IN ACADEMIES, PROFESSIONAL AND HONORARY SOCIETIES:
Acoustic Neuroma Associaton
Medical Advisory Board
Alpha Omega Alpha, 1983
American Association of Plastic Surgeons
Chairman, 1979 Program Comittee
Chairman, Membership Committee,
1ge3-84
Board of Trustees, 1ge3-1985
1991-1993
Time and Place Committee, 1984-85
Chairman, Audit Committee,1988-89
American Association of Tissue Banks, Inc.
...
5
~
CURRICULUM VITAE
William P. Graham, III, M.D.
MEMBERSHIP IN ACADEMIES, PROFESSIONAL AND HONORARY SOCIETIES
(Continued)
.
American Association tor Surgery ot
Trauma, 1972
American Association tor Advancement ot
Science, Lancaster Branch
American Association tor History ot
Medicine, Inc.
American Board of Medical Specialties,
Representative 1982-1986
American Board of Plastic Surgery, Inc.
1980-86
Secretary-Treasurer 1982-85
Chairman, 1985-86
American Burn Association, 1968
American Clett Palate Assn., 1969
American College of Surgeons
Pennsylvania Committee on Trauma.
1979 - 1983
Central Pennsylvania Advisory
Committee -Membership ended 1995
American Federation for Medical Research,
1973, 1997 -
American Society for Aesthetic Plastic
Surgery, Inc., 1973
Chairman, Research Grants Committee,
1980-1983
Chairman, AdHoc Fellowship Committee,
1987-1992
Member, Program Committee, 1985-1986
Secretary 1987-1990
Vice President 1990-1991
President Elect 1991-1992
President 1992-1993
Chairman Trustees 1993-1996
American Society for Testing and
Materials, Plastic Surgery, 1978-81
American Society for Surgery of the Hand,
1971
Journal Committee. 1985 - 1993
. Chairman 1989 - 1992
Nominating Committee
1ge3 - 1986
Member at Large Council
1989-1992
American Society of Plastic and
Reconstructive Surgeons, 1969
Chairman, Program Committee 1978
Hosted 1978 Chief Residents'
Conference - Hershey, Pennsylvania
April 9-12, 1978
.
6
~
CURR ICULllM VITAE
William P. Graham, III, M.D.
MEMBERSHIP IN ACADEMIES, PROFESSIONAL AND HONORARY SOCIBTIES
( Continued)
..
Board ot Directors - Educational
Foundation, 1977 - 1983
Chairman, In-Service Examination,
1978-80
American Surgical Association, 1980
American Trauma Society, 1973
Pennsylvania Division, Board ot
Directors, 1974 - 1976
Pennsylvania Chapter Chairman,
Committee on Bducation tor the
State Division 1975
Association tor Academic Surgery,
1968 - 1ge5
British Society tor Surgery ot Hand.
(Honorary) 1ge9 -
Cumberland Co. Medical Society, 1978
Dauphin County Medical Society, 1971
Pellow, American College ot Surgeons, 1969
Howard Naftziger Surgical Society
University of California, 1965
Intormation Council on Fabric
Flamability 1970
International Association tor the Study
ot Dento-facial Abnormalities, 1973
Men of Achievement 1ge6
National Burn Federation
National Directory of Who's Who in
Bxecutives and Professionals 1994
New York Academy of Sciences, 1967-1985
Northeastern Society of Plastic Surgeons
Logo Committee, 1ge4-85
Parliamentarian. 1985-e6
Vice President, 1ge7-198e
President, 1ge8-1ge9
Pan American Medical Association, Inc.
1983 1994 Plastic and
Reconstructive Surgery Section and
Hand Surgery Section
Pan-Pacific Surgical Association, 1969-90
Pennsylvania Medical Society, 1971-1985
Plastic Surgery Advisory Comm. 1975
Philadelphia County Medical Society,
1967-1970
PhysiOlogical Society of Philadelphia,
1967-lge5
Plastic Surgery Program Directors
Secretary, 1979-81
Chairman, 1ge1-83
Plastic Surgery Research Council, 1971
Chairman, 1980
o
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..
7
CURRICULUM VITAE
William P. Graham, III, M.D.
MEMBERSHIP IN ACADEMIES, PROFESSIONAL AND HONORARY SOCIETIES (Cont)
Residenci. Review Committee for Plastic
Surgery, 1981-86
Vice-Chairman, 1984-1986
Robert H. Ivy Society, 1969
Treasurer, 1969-72
Vice-President, 1973-74
President, 1974-75
Sigma XI - Associate Princeton, 1955
Full Member University of
Pennsylvania 1957
Sociedad de Cirugia de la Mano del
Caribe, 1969
Societe Internationa1e de Chirurgie, 1982
Society for Cryobiology, 1971
Society for Head and Neck Surgeons, 1969
Research Committee, 1981-85
Society of University Surgeons, 1975
Society of Diplomats of Harisburg, 1971
Wainwright Tumor Society 1967
Who's Who in America 1984
Who's Who in the East, 1ge1
William Pepper Society
University of Pennsylvania, 1959
CIVIC ORGANIZATIONS: Board of Trustees - Harrisburg Academy,
1981-85
Board of Trustees - Seidle Memorial
Hospital, Mechanicsburg, 1984-1993
Princeton Project '55, 1989 -
EDITORIAL RESPONSIBILTIES:
Associate Editorship, Plastic and
Reconstructive Surgery, 1977 - 1983
Associate Editorship, Journal of
Surgical Research, 1977 - 1981
Associate Editorship, Journal of
Hand Surgery, 1980-1983
HOSPITAL COMMITTEES: Milton S, Hershey Medical Center
Outpatient Department Committee,
1970-1985
Other Tissue Procurement Committee,
1971-1ge5
Institutional Research Grant
Committee, 1971-1980
Ambulatory Care Committee, 1980-1985
Organ Donor Team, 1971-1985
Chairman, Hearing and Appeals Board
for the Disciplinary Systems for
all Registered Students, 1981-85
Member, Sub-Committee for One-Day
Surgery Units, 1geO-1985
8
ft
CURRICULUM VITAB
William P. Graham, III, M.D.
Harrisburg Hospital Business Planning
.Committee 1ge9 -1991
Polyclinic Medical Center
Intection Committee 1986 -
O.R. Committee, 1987-1990
Carlisle Hospital
Hans Roe Honor Lectureship 1989-1993
Physical Medicine Committee
Chairman 1994
o
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9
"
CURRICULUM VITAE
William P. Graham, III, M.D.
PUBLICATIONS
~cle9 Appearing in Refereed Journals:
1. Witt, J.A., Gardner, S., Gordon, G.5., Graham, W.P. and
Thomas, A.N.: Secondary hormonal therapy of disseminated
breast cancer. Arch. Int, Med. 11l:557-563, 1963.
2. Gardner, B., Graham, W.P., Gordon, G.S., Loken. H.P.,
Thomas, A.N. and Teal, J.S.: Calcium and phosphate
m~~sbolism in patients with disseminated breast cancer:
Etiecc at androgens and of prednisone. J. Clinc. Endocrin.
ar:d Met. 23 (11) :1115-1124,1963.
.
3. Graham, W. P., Gardner, B., Thomas, A. N" Gordon, G. S., Loken,
H.P. and Goldman, L: Hypercalcemia in Carcinoma at the
female breast. Surg, Gyne, and Obstet. 117:709-714, 1963.
4. Graham, W,P., Eiseman, B. and Pryor, R.: Hepatic artery
aneurysm with portal vein fistula in a patient with familial
hereditary telangiectasia. Ann, Surg. 159 (3) :362-367, 1964,
5. Graham, W.P. and Goldman, L.: Gastro-intestinal metastases
from carcinoma of the breast. Ann Surg. 159 (3)477-480,
1964.
6 .
Graham, W.P.. Gordon, G.S., Loken, H.F., Blum, A. and Halden,
A.: Effect of pregnancy and of the menstrual cycle on hypo-
parathyroidism. J. Clin. Endocrin. and Met. XXIV (6) :512-516,
1964.
7. Graham, W. P., Gardner, B. and Gordon, G,S,: Glomerular
filtration in disseminated breast cancer. Arch. Int. Med.
113:837-839, 1964.
e . Graham, W. P., Galante, M., Goldman, L., McCorkle, H. J. and
Wanebo, H. J.: Complications of ileostomy. Am. J. Surg.
110:142-147, 1965
9. Jaffe, B. F., Graham, W.P. and Goldman, L.: Post infancy
intestinal obstruction in children with cystic fibrosis.
A.M.A. Arch. Surg 92:337-343, 1966.
lO. Graham, W.P., Halden, A. and Jaffe. S, F.: Surgical
treatment of patients with cystic fibrosis. Surg. Gyne.
and Obstet. 122:373-38l, 1966
11. Kilgore, E. S. and Graham, W.P.: Operative treatment of
swan neck deformity. Plast. Reconstr. Surg. 39 (5):
468-471, 1967.
.
CURRICULUM VITAE
William P. Graham, III, M. D.
"
Articles Appearing in Refereed Journals (Continuedl
12.
Graham,
gostomy
Obstet.
H.P. and Royster, H.P.:
for long term extraoral
125: 127-128, 1967.
Simplified cervical esopha-
feeding. surg. Gyne. and
13. Graham, W.P., Ravdin, R.G., Crichlow, R.W. and Eisman, S.H.:
Mitomycin C in the treatment of carcinoma of the head and
neck. P1ast. Reconscr. Surg. 40 (3) :230-232, 1967.
14. Royster, H.P., Noone, R.B., Graham, W, P. and Theogaraj, S.D.:
Cervical pharyngostomy for feeding after maxillofacial
surgery. Am. J. surg. 116:610-614, 1968.
15. Kilgore, E.S. and Graham, W.P.: Operative treatment of
boutonniere deformity. Surgery 64(5) :999-1000, 19~8.
16. Graham, H.P.: A1lografting split-thickness skin donor sites.
Surgery 66 (2) :460, 1969.
17. Johnson, C.J. and Graham, W.P.: Use of thermoplastic splints
in the treatment of burned hands. Plast. Reconstr. Surg.
44 (4) :399-400, 1969.
o
18. Sugarman, H.J., Hamilton, R., Graham, W.P. and Randall, P.:
Diagnostic staining of neoplastic skin lesions with toluidine
blue. A.M.A. Arch. Surg. 100:240-243, 1970.
19. Graham, W. P., Acker, G., Rosenfeld, K. and Lehr, H. B.: Simple
reduction of "zygomatic arch" fractures. J. Trauma 10: 874-
876, 1970.
20. Graham, H.P.: Incisions, amputations, and skin grafting in
the hand. Ortho. Cl. No. Am. 1(2) :213-218, 1970.
21. Schwartz, G.F., Green, H.L., Bendon, M.L., Graham, W.P.
and Blakemore, W.S.: Combined parenteral hyperalimentation
and chemotherapy in the treatment of disseminated solid
tumors. Am. J. Surg. 121:169-173, 1971.
22. Nicholas, G. G., Noone, R. B., Graham, W. P.: Carpal tunnel
syndrome in pregnancy. The Hand 3(1) :80-83, 1971.
23. Hamilton, R., Graham, W.P. and Randall, P.: The role of
the lip adhesion procedure in cleft lip repair. Cleft
Palate J. 8:1-9, 1971.
--
10
11
CURRICULUM VITAE
William P. Graham, III, M. O.
,..
Arcic1es Appearin~ in Refereed Journals IConcinuedl
24. Graham, W.P., Hamilton, R.W. and Lehr, H.B.: Versatility of
skin allografts: Desirability of a viable frozen tissue bank.
J. Trauma ll(6) :494-501, 1971.
25. Kilgore. E.S., Adams, D.R., Newmeyer, W.L. and Graham, W.P.:
Atraumatic flexor tendon retrieval. Am. J. Surg. 122:
430-43l, 1971.
26.
Filston, H. C. and Graham, W.P.:
for protecting extremity grafts in
432. 1971.
A simple splinting method
infants. Am. J. Surg. 122:
27. Rosillo, R.H. and Graham, W.P.: The long term adjustment
of the patient with head and neck cancer following successful
treatment. I. Work, social and heterosexual activity levels.
J. Surg. Oncology 4:439-4~6, 1972.
2e. Whitaker, L.A., Graham, W.P., Riser, W.H. and Kilgore, E.S.:
Retaining the articular cartilage in finger joint amputations.
Plast. Reconstr. Surg. 49 (5) :542-547, 1972,
.
29. Whitaker, L.A., Randall, P., Graham, W.P., Hamilton, R.W.
and Winchester, R.: A prospective and randomized series
comparing superiorly and inferiorly based posterior pharyngeal
flaps. Cleft Palate J, 9:304, 1972.
30. Graham, W.P.: Variations of the motor branch of the median
nerve at the wrist, Plast. Reconstr. Surg. 51 (1) :90-92, 1973.
31. Pataky, P. E., Graham, W. P. and Munger. B. L.: Terminal neuromas
treated with triamcinolone acetonide. J. Surg. Res. 14:36-45,
1973.
32.
Welty, M.J., Graham, W.P. and Rosillo, R.:
maxillofacial cancer: I. Surgical treatment
Nurs. Clin. N. Am. 8:137-151, 1973.
The patient with
and nursing care.
33. Rosillo, R.H.. Welty, M.J. and Graham, W.P,: The patient with
maxillofacial cancer: II, Psychologic aspects. Nurs. Clin.
N. Amer. 8 (1) :153-158, 1973.
34. Graham, W.P" Kilgore, E,S, and Whitaker, L.A.: Transarticular
digital joint amputations: Preservation of the articular
cartilage. The Hand 5(1) :58-62, 1973.
35,
Graham. W.P" Hamilton. R., Randall, P., Winchester, R.
Stool, S.: Complications following posterior pharyngeal
surgery. Cleft Palate J. lO(2) :176-180, 197.
and
flap
"
.
12
CURRICULUM VITAE
William P. Graham, III, M. D.
ft
Articles Appearing in Refereed Journals (Continued)
36. Noone, R.B., Graham, W,P. and Royster, H.P.: Autotransfusion
for blood loss in some major aesthetic operations. Plast.
Reconatr. Surg. 5l:559-56l, 1973.
37.
L.A., Kilgore, E.S.,
Transarticular joint
articular cartilage,
Graham, H.P., Pataky, P.E., Whitaker,
Riser, W,A., Buda, M. and Lerner, E.:
amputations: The value of preserving
J. Surg. Res. 14(6) :524-537, 1973.
38. Graham, W.P" Kilgore, E.S" Williams, E.H. and Gordon, S,L.:
Metastatic tumors of the hand, The Hand 5: 177-179, 1973.
39. Calabretta, A.M., Munger, B.L. and Graham, W.P.: The ultra-
structure of degenerating rat sciatic nerves. J. Surg. Res.
14 (5) :465-471, 1973.
40.
Whitaker, L.A. and Graham, W.P.:
infections in the narcotic addict.
53 (4) :384-3e9, 1973.
Management of hand
Plaat. Reconstr. Surg.
o
41. Graham, W. P., Pataky, P.E., Calabretta, A.M., Munger, B.L.
and Buda, M.J.: Enhancement of peripheral nerve regeneration
with triamcinolone after neurorrhaphy. Surg. Forum 24:457-
459, 1973.
42. Kenepp, N., Whitaker, L.A., and Graham, W.P.: Evaluation of
maxillary antrostomy in the treatment of fractures of the
middle third of the face. J. of Trauma l3:B84-B86, 1973.
43. Graham, W.P.: Cervical neuromas following extensive maxillo-
facial surgery. J. Surg. Oncology 5:485-489, 1973.
44. Noone, R.B., Bonner, H., Raymond, S" Brown, A.S., Graham,
W.P. and Lehr, H.B.: Lymph node metatases in oral carcinoma.
Plast. Reconstr. Surg., 53(2) :158-166, 1974.
45, Newmeyer, W.L., Kilgore, E.S. and Graham, W.P.: Mucous cysts:
The dorsal distal interphalangeal joint ganglion. Plast.
Reconstr. Surg. 53(3) :313-315, 1974.
46. Graham, W.P.; Teaching exercises for medical students in the
clinical aspects of wound healing, Plaat. Reconstr. Surgery
53 (4) :433-435, 1974.
47, Graham, W.P., Tragus, E,T. and Blakemore, W.S.: The influence
of osteolytic substances on the production of osseous meta-
~ stases from Walker 256 sarcoma in rats. J, Surg. Oncology 6:
., 117-121, 1974.
13
CURRICULUM VITAB
William P. Graham, III, M. D.
'"
Articles A~~earinq in Refereed Journals iContinuedl
48. Colocho, G" Graham, W.P" Greene, A.E., Matheson, D,W, and
Lynch, D. Human amniotic membrane as a physiologic wound
dressing, Arch Surg. 109:370-373, 1974.
49. Whitaker, L.A, and Graham, W.P.: Healing of lined and unlined
parasitic and nonparasitic flaps. J. Surg. Oncology 6:511-
518, 1974.
50.
Graham, W. P.: A comparison of glycerol and dimethyl
as cryoprotective agents for experimental tumor.
study. ANN. N.Y, Acad. SCI. 243:317-319, 1975.
sulfoxide
A pilot
51. Kilgore, E.S., Graham, W.P., Newmeyer, W.L. and Brown, L.G.:
The extensor plus finger. The Hand 7(2) :159-165. 1975.
52. Kilgore, E.S., Brown, L.G., Newmeyer, W.L., Graham, W. P. and
Davis. T.S. Treatment of felons. Am. J. of Surg. 130:194-
198, 1975.
53. Kilgore, E.S.. Calabretta, A.M., Weidner, W,A. and Graham,
W.P: The accuracy of liver scanning in the detection of
~ metastatic disease. J. Surg. Oncology 7:351-354, 1975.
54. Bales, C.R., DeMuth, R. J., Tooze, F.M. and Graham, W.P.:
Thumb length preservation following soft tissue injuries.
J. of Trauma l5(10) :901-908, 1975,
55. Miller, S.H., Schantz, J., Davis, T.S. and Graham, W.P.:
An inexpensive wound suction device. SG&O 141(5) :768, 1975.
56. Miller, S.H.. Duscher, M.L., Graham, W.P. and Calabretta,
A.M.: Alterations in analysis of tissue gases following
chronic implantation of teflon cannulas. Surg. Forum XXVI:
565-567, 1975.
57. Lung, R.J. and Graham, W, P. : Ipsilateral lower extremity
flaps in children. J. of Trauma l5(ll) :1021-1024, 1975,
5e. Kilgore, E.S" Graham, W.P., Newmeyer, W.L. and Brown, L.G.:
Correction of ulnar subluxation of the extensor communis.
The Hand 7(3) :272-274, 1975.
.
59. Graham, W.P., Messner, K.H. and Miller, S.H.: Kerato-
conjunctivitis sicca symptoms appearing after blepharoplasty.
Plast. Reconstr. Surg. 57(1) :57-61, 1976.
60, Nicholas, G.G., DeMuth, W.E. and Graham, W.P.: Preservation
of venous tissue. J. of Surg. Res. 20 (3) :221-223, 1976.
14
CURRICULUM VITAE
William P. Graham, III, M. D.
ft
Articles Appearing in Retereed Journals (Continuedl
61. Lung, R.J., Graham, W.P. and Miller, S.H.: Pericortical
"compression" clamps for mandibular fixation. Plast.
Reconstr. Surg. 57(4) :487-489, 1976.
62.
Calabretta, A.M., Graham, W.P. and Miller,
of metastatic carcinoid tumor to the neck.
8:121-123, 1976.
S . H.: Case report
J. Surg. Oncology
63. Schantz, J.C., Miller, S.H. and Graham, W.P.: Metastatic
hypernephroma to the head and neck. J. Surg. Oncology 8;
183-190, 1976.
64. Miller, S.H., Calabretta, A.M., Graham, W.P. and Davis, T.S.,
Reliability of mass spectometric techniques for tissue gas
analysis. J. of Surg. Res. 21:277-284, 1976.
.
65. Kilgore, E.S., Newmeyer, W.L., Graham, W.P. and Brown, L.G.:
The dubiousness of grafting the dispensable flexor pollicis
longus. Am. J. of Surg. 132:292-296, 1976.
66. Gordon, S.L., Graham, W.P., Black, J.T. and Miller, S.H.:
Accessory nerve function after surgical procedures in the
posterior triangle. Arch. Surg. ll2:264-268, 1977.
67. Carter, S.L., Miller, S.H. and Graham, W.P.: An evaluation
of the local effects of triancinolone acetonide on normal
soft tissues in monkey digits. Plast. Reconstr. Sur.g. 59(3):
407-410, 1977.
68, Dvorchik, B.H., Miller, S.H. and Graham, W.P.: Gas chromato-
graphic determination of cocaine in whole blood and plasma
using a nitrogen-sensitive flame ionization detector, J.
of Chromatogr. 135:141-l48, 1977.
69.
Lung, R.J., Lapidus, S., Miller,
Hibernoma: Report of two cases,
563-566, 1977.
S.H. and Graham, W.P.:
J. of Surg. Oncology 9:
70, Badder, E.M., Graham, W.P. and Harrison, T.S.: Functional
insignifance of microscopic parathyroid hyperplasia. SG&O 145:
863-e68, 1977.
71, Miller, S.H., Lung, R., Graham, W.P., Davis, T.S. and
Rusenas, I.: The acute effects of tourniquet ischemia on
tissue and blood gas tensions in the primate limb. J. of Hand
Surg, 3:11, 1978.
.
15
CURRICULUM VITAB
William P. Graham, III, M. D.
fit
A~~icles A~pearin9 in Refereed Journals (Continued)
72, Miller, S,H. Lung, R, J,. Davis, T.S., and Graham, W.P.:
Ditterential tissue gas analysis in primates during
alterations in F10 , J, ot Surg. Res. 24(2) :10l-l06, 1978
73. Ladda, R.L., Stoltztus, E., Gordon, S.L. and Graham, W.P.:
Craniosynostosis associated with limb reduction maltormations
and cleft lip/palate: A distinct syndrome. pediatrics 61:
12-15, 1978.
74. Kalenak, A., Gordon, S.L., Miller, S,H., Greer, R.B. and
Graham, W.P.: Power take-ott injuries. J. of Trauma le(2):
l34-l36, 1978.
75. Miller, S.H.. Lung, R.J.. Davis, T.S" Graham, W.P. and
Kennedy, T.J,: Management ot tractures ot the Dupraorbital
rim. J. ot Trauma 18(7) :507-512, 1978.
.
76. Price, G.J., Miller, S.H., Kennedy, T.J. and Graham, W.P.:
Acute and delayed effects ot tourniquet ischemia ot sub-
fascial pressures and tissue gas tensions within muscles
ot the subhuman primate limb. Surgical Forum XXIX:6l2-6l5,
197e.
77. Petro, J. A., Quann, P. L. and Graham, W. P.: Wife abuse. The
diagnosis and its implications. JAMA 240(3) :240-241, 1978.
78. Joehl, R.J., Miller, S.H., Davis, T,S. and Graham, W.P.:
Hemangioma ot the temporalis mUSCle. A case report and
review ot the literature. Ann, Plast. Surg. 3(3) :273-276,
1979,
79. Miller, S.H., Eyster, M.E., Saleem, A., Gottleib, L., Buck,
D. and Graham, W.P.: Intravascular coagulation and tibrino-
lysis within primate extremities during tourniquet ischemia.
Ann. Surg. 190(2) :227-230, 1979.
eo. Miller, S.H., Price, G" Buck, D., Neely, J., Kennedy, T.J.,
Graham, W.P. and Davis, T.S.: Effects of tourniquet ischemia
and post ischemic edema on muscle metabolism. The Journal
ot Hand Surgery 4:547-555, 1979.
el.
Petro, J.A.,
Fallon, T.:
induced with
Graham, W.P., Miller, S.H., Overholt. T. and
Experimental and clinical studies of ulcers
adriamycin. Surg. Forum XXX:535-537, 1979.
.
e2. Davis, T.S., Graham, W.P. and Miller, S.H.: The circular
excision. Ann. Plast. Surg, 4(1) :21-24, 1980.
16
CURRICULUM VITAB
William P. Graham, III, M. D.
..
Articles Appearing in Refereed Journals (Continued)
83. Glaser, R, Nonoyama, M. Szymanowsi, R.T. and Graham, W.P.:
Human nasopharyngeal carcinomas positive for Epstein-Barr
virus DNA in North America. JNCI 64(6) :1317-1319, 1980.
84. Graham, W.P., Davis, T.S. and Miller, S.H.: Malignant tumors
of the upper extremity: 1971 to 1976. Clin. Plast. Surg.
7 (3) :413-420, 1980.
85.
Kress, D,W., Miller, S.H. and Graham, W.P.: Sarcoma
maxillary sinus in a patient with malignant melanoma:
of a case. J. surg. Onco1. 17(2) :177-le2, 1981.
of the
Report
86. Kennedy, T.J., Miller, S.H., Nellis, S.H., Buck, D., Flaim,
S.F., Graham, W.P. and Davis. T.S.: Effects of transient
ischemia on nutrient flow and arteriovenous shunting in
canine hindlimb. Ann Surg. 153(3) :255-263, 1981.
87. Davis, T.S., Graham, W.P. and Blomain, E.W.: A ten-year
experience with glomus tumors. Ann. Plast. Surg. 6(4):
297 -299, 1981.
.
88. Skef, A., Harding, R, and Graham, W.P.: Disseminated
necrotizing fasciitis of the scalp. Ann. Plast. Surg. 6(4):
322-326, 1981.
89. Kress, D.W., Graham, W.P.,III, Davis, T.S. and Miller, S.H.:
A preliminary report on the use of staphage lysate for
treatment of hidradenitis suppurativa. Ann. Plast. Surg.
6 (5) :393-395, 1981.
90. Harrison, T.S., Duarte, B., Reitz, R.E., Princenthal, R.,
Seaton, J.F., Badder, E.M. and Graham, W.P., III: Primary
hyperparathyroidism. Four to eight year postoperative
follow-up demonstrating persistent functional insignificance
of microscopic parathyroid hyperplasia and decreased autonomy
of parathyroid hormone release. Ann. Surg. 194(4) :429-437,
1991.
91. Graham. W.P., Davis, T,S., Miller, S,H. and Rusenas, I.:
Efficacy of triamcinolone acetonide following neurorrhaphy.
An electroneuromyographic evaluation. Ann. Plast. Surg. 9 (3) :
230-237, 1982.
92. DeMars, R.V., Graham, W.P., Davis, T.S. and Blomain, E.W.:
Wound coverage in the Achilles region. Am. J. of Surg. 144:
376-378, 1982.
.
CURRICULUM VITAB
William P. Graham, III, M. D.
""
Articles Appearing in Refereed Journals (Continuedl
93. Ecker, H.A., Jr., Abt, A.B., Graham, W. P. and Herceg, S.:
Trabecular or Merkel cell carcinoma of the skin. Plast. &
Reconstr. Surg. 70(4) :485-489, 1982.
94. Blomain, B.W., Manders, B.K. Saggers, G., Davis, T.S. and
Graham, W.P.: Typical nitroglycerin ointment enhances the
survival of skin flaps. Surgical Forum 33:594-595, 1982.
95. Graham, W.P., Anesthesia in cosmetic surgery. Clin. Plast.
Surg, 10 (2) :285-287, 1ge3.
96. Trewyn, R.W , Glaser, R., Kelly, D.R., Jackson, D.G.,
Graham, W.P. and Speicher, C.B.: Elevated nucleoside
excretion by patients wich nasopharyngeal carcinoma. Cancer.
49(12) :25l3-2517, 1983.
.
97. Lipton, A., Harvey, H,A., Laurence, B., Bottlieb, L, Kukrika,
M., Dixon, R., Graham, W.P., Miller, S.H., Hechard, R.,
Scelzel, D. and White, D.S.: Corynebacterium parvum VS BCG
adjuvant immunotherapy in human malignant melanoma. Cancer.
51:57-60, 1ge3.
98. Skef, Z., Ecker, H.A., Jr. and Graham, W,P.: Heel coverage
by a plantar myocutaneous island pedicle flap. J. Trauma
23 (6) :466-472, 1983.
99, Manders, E.K., Graham, W.P., Schenden, M.J. and Davis, T.S.:
Skin expansion to eliminate large scalp defects. Ann Plast.
Surg. 12(4) :305-312, 1ge4.
100. DeMars, R.V., Schenden, M.J., Manders, B.K. and Graham, W.P.,
III: The permanence of otoplasty in the rabbit ear. A
comparison of techniques, Ann. Plast. Surg. 13(3) :l95-198,
1984.
lOl. Manders, E.K., SChenden, M.J., Furrey, J.A., Hetzler, P.T.,
Davis, T.S. and Graham, W.P.,III: Soft tissue expansion.
Concepts and complications, Plast. Reconst. Surg. 74: 493 -507,
1984.
102. Manders, E.K. and Graham, W.P.: Alopecia reduction by scalp
expansion. J. Dermatol. Surg. Oncol. 10-12, 1983.
103. Fox, R.D., Fox, C.G. and Graham, W.P.,III: Vaclav Treitz
(1819-le72): Czechoslovakian pathoanatomist and patriot.
World J. Surg. 9(2) :361-366, 1985.
.
17
CURRICULUM VITAE
William P. Graham, III, M. D.
'"
Articles Appearinq in Refereed Journals (Continuedl
104. Hoopes, J. E., Graham, W,P., III and Shack, R.B.: Epitheloid
sarcoma of the upper extremity. Plast. Reconstr. Surg. 75:
810-813, 1985,
105. Sassani, Joseph W., Weinstein, Joel M. and Graham, W. P.:
Massively invasive diffuse choroidal melanoma. Archives of
Ophthalmology 103:945-948, 1985.
106. Ellenberger, P., Graham, W.P., III, Manders, E.K and Basarab,
R.M.: Labeled leukocyte scans for detection of retained
polyurethrane foam. Plast. Reconstr. Surg. 77:77-79, 1986.
107. Graham, W.P., III: Skin and soft tissue coverage - looking
ahead. Clinics in Plastic Surgery. l3(2), 1986.
108.
Fox, Claire G, and Graham,
Plastic Surgery 1937-1987.
le5, 1ge8.
W.P.,III: The American Board of
Plast. Reconscr. Surg. 82: 166-
109. Manders, E.K., Oaks, T.E. Au, V.K., Wong, R.K.M., Furrey,
J.A., Davis, T.S., Graham, W.P.: Soft tissue expansion in the
... lower extremities. Plast. Reconst. Surg. 1988;81: 208-17.
110. Sirio, Carl A., Smith, J. Stanley Jr. and Graham, W.P, III:
High-pressure injection injuries of the hand. American
Surgeon 55:714-718, 1989.
111. Graham, W. P.III: An Efficient, Safe Technique of Reduction
Mammoplasty. Worldplast II:3, 16-20, 1997.
.
18
19
CURRICULUM VITAB
William P. Graham, III, M. D.
--
Articles Appearing in Nonrefereed Journals
1. Gordon, G.S., Graham, W.P" Goldman, L., Papac, R., Sheline,
G.B., Vaeth, J. and Witt, J.: Hormonal treatment of dis-
seminated cancer of the female breast. Calif. Med. 98:
189-194, 1963.
2. Graham, W.P., Jaffe, B.F. and DeLorimier, A.: Late intestinal
obstruction in patients surviving neonatal meconium ileus.
Calif. Med. 103:171-174, 1965.
3. Graham, W.P. and Marsh, B.M.: Basal cell carcinoma of the
vulva. Ob-Gyn Digest 81-84, 196o.
4. Royster, H.P. and Graham, W.P.: Injuries to the hand. Penna.
Med. 70:59-62, 1967.
5, Granam, W. P. and Royster, H, P.: Parathyroid disease. Changing
concepts, Penna. Med. 70-60-63, 1967.
6.
Stool, S.E., Graham, W.P. and Randall, P.:
incompetence. Pseudo-mental retardation as
Cl. Ped, 8:42-46, 1969,
Velopharyngeal
a consequence.
.
7.
Graham, W.P.: Surgical treatment of
Delaware Med. J. 41:205-208, 1969.
thyroid disease.
8.
Kilgore, E.S. and Graham, W.P.:
synovitis. A diagnostic dilemma.
Non-suppurative teno-
Penna. Med. 73:31-32, 1970.
9. Peeters, R. L" Habbousche, F., Israel, J. R. and Graham, W. P. :
A simple hand dermatome. Penna, Med. 73:40, 1970.
10: Lehr, H.B., Hamilton, R., Holst, H.I., Graham, W.P. and
Berggren, R.B.: A viable organ bank. Penna. Med. 73:57-60,
1970.
11.
Graham, W.P.:
operations on
37-38, 1970.
Intravenous regional anesthesia for outpatient
the upper extremity. Indust. Med. and Surg. 39:
12. Frazier, T.G. and Graham, W,P,: Fingertip injuries. Penna.
Med. 74:51-53, 1971.
13.
Wein, A.J., Graham, W. P.
change in chronic wounds.
12-14, 1972.
and Royster, H.P.: The malignant
Indust, Med. and Surg. 41(1):
.
CURRICULUM VITAE
William P. Graham, III, M. D.
"
Articles Appearin~ in Nonrefereed Journals (Continued)
14. Graham, W.P., Kilgore, B.S.. Pataky, P.B., Buda, M. and
Lerner, E.: symptomatic digital neuromas treated with local
triamcinolone acetonide. Revista LatinoAmericana de Cirugia
Plastica XVI (4) : 13-20, 1972.
15. Graham, H.P.: Subungual melanoma. Penna. Med. 76:56, 1973.
16. Noone, R.B. and Graham, W.P.: Nutritional care after head
and neck surgery. postgrad. Med. 53:80-e6, 1973.
17. Graham, W.P.: Malignant degeneration in chronic wounds.
Penna. Med. 76:65, 1973.
18. Graham, W.P., Newmeyer, W.L. and Kilgore, B.S.: Treating the
inj ured hand. Part I: General considerations. Contemp. Surg.
3:39-48, 1973.
19. Lapidus, S.M. and Graham, W.P.: Complete avulsion of the
genital skin. Penna. Med. 76:38-40, 1973.
.
20, Graham, H.P. and Royster, H.P.: The superior osteotomy. An
adjunct to osteoplastic nasal surgery. Revista Latino-
Americana de Cirugia P1astica XVII(2) :33-36, 1973.
21. Colocho, G., Graham, W. P. and Packman, G.: Cryofibronogenemia
in patients with cold injury. Revista LatinoAmericana de
Cirugia Plastica XVII(2) :27-32, 1973.
22. Graham, W.P., Blakemore, W.S., Wa1dhausen, J.A. and Zinsser,
H. F. : Tissue necrosis from vascular complications of the
upper extremity after arterial catheterization. Revista
LatinoAmericana de Cirugia P1astica XVII(3) :37-46, 1973.
23. Nelson, P. and Graham, W.P.: Partial thickness grafting
of finger tip injuries. Revista LatinoAmericana de Cirugia
Plastica XVII (3) :47-55, 1973,
24.
Kilgore, 8.S.,
injured hand.
Contemp. Surg.
Newmeyer, W.L. and Graham, W.P. Treating the
Part II: Pain, stiffness and infection.
3:27-31, 1973.
..
25. Newmeyer, W.L., Graham, W.P. and Kilgore, E.S., Treating the
injured hand, Part III: Fractures, dislocations and complex
trauma. Contemp. Surg. 3:88-95, 1973.
26. Graham, W.P. and Lapidus, S.M.: Rehabilitation of the
maxillofacial cancer patient. Part I. J. Penna. Osteo. Med.
Assoc. 15:6, 1974.
20
CURRICULUM VITAE
William P. Graham, III, M. D.
"
Articles Appearing in Nonrefereed Journals (Continued)
27. Calabretta, A.M. and Graham, W.P.: Trauma: Diagnosing facial
fractures. Penna. Med. 77:33-40, 1974.
28.
29.
Kilgore, E.S.,
injured hand.
45-50, 1974.
Graham, W.P. and Newmeyer, W,L.: Treating the
Part IV: Tendon damage. Contemp. Surg. 4:
Graham, W.P.,
injured hand.
1974.
Kilgore, E.S, and Newmeyer, W.L.: Treating the
Part V. Nerve trauma. Contemp. Surg. 4:67-74,
30. Newmeyer, W. L" Graham, W. P. and Kilgore, E. S.: Treating the
injured hand. Part VI: Anesthesia, miscellaneous disorders,
rehabilitation. Contemp. Surg, 4:79-88, 1974.
31. Calabretta, A.M. and Graham, W.P.: Trauma. Chemical burns.
Penna. Med. 77:62, 1974.
32.
.
33.
S. M. : Rehabilitation of the
Part II. J. Penna. Osteo. Med.
Graham, W. P. and Lapidus,
maxillofacial cancer patient.
Assoc. 16:4, 1974.
Calabretta, A.M., Graham, W.P. and Miller, S.H.: Treatw~nt
of facial fractures. Penna. Med. 77:62-66, 1974.
34. Dunn, E. J., Chong, M.L., Graham, W.P. and Roberts, D.H.:
Translaryngeal guide for tracheal intubation. Orth. Review
3:53-55, 1974.
35.
Graham, W.P., Miller, S.H., Davis, T.S, and
Trauma. Treating wringer injuries. Penna.
1975.
Schantz, J .C.:
Med. 78: 67-68,
36. Dunn, E.J., Chong, M.L., Graham, W.P. and Roberts, D.H.:
Translaryngeal guide for tracheal intubation. Anesthesiology
Review 30-31, 1975,
37. Graham, W.P. and Miller, S.H.: Preventing hand disability
from infection. Penna. Med. 78:53-54, 1975.
38. Smith, R.D., Miller, S.H. and Graham, W.P.: Inhalation injury
in burned patients. Penna. Med. 7e:66-6e, 1975.
39, Graham, W.P., Miller, S.H. and Calabretta, A,M.: Dog Bitel
Penna. Med. 78:16, 1975.
tit
40. Miller, S.H. and Graham, W.P.: Breast reconstruction after
radical mastectomy. Amer. Fam. Phys. 11:97-100, 1975.
21
CURRICULUM VITAB
William P. Graham, III, M. D.
ft
Articles Appearing in Nonrefereed Journals (Continued)
41. Warrenteltz, A. and Graham, W.P,: Avulsion injuries in
patients corticosteroids. Amer. Pam. Phys. 11:74-81, 1975.
42. Graham, W. P. and Miller, S. H.: The irreparably damaged index
digit. Penna. Med. 78:60, 1975.
43.
Hand injury
J. Amer.
Schantz, J.C., Graham, W.P. and Miller, S.H.:
trom high pressure injection of paint thinner.
Coll. ot Emer. Phys. 4:430-433, 1975.
44. Miller, S.H. and Graham, W.P.: Soft tissue injuries of the
tace. Good repair means good results. Consultant 16:
116-128, 1976.
45. Graham, W.P., Miller, S.H., Gottlieb, L. and Charney, D.:
Psychological complications of thermal injuries. Penna. Med.
79:58, 1976.
.
46. Barton, N.W., Miller, S.H. and Graham, W.P.: Managing
lacerations of the parotid gland, duct and facial nerve.
Amer, Fam. Phys. 13:130-134, 1976.
47. Whitaker, L.A., Graham, W.P., parsi, R. and Olson, R.M.:
Laminar airflow in major burn treatment. Penna. Med. 79:
50-51, 1976.
48. Mowere, D.C., Miller, S.H. and Graham, W.P. Diagnosis and
treatment of lacrimal duct injuries. Penna Med. 79:52,
1976.
49. Graham, W.P., Miller, S.H" DeMuth, W.E. and Gordon, S.L.:
Injuries from rotary power lawnmowers. Amer. Fam Phys. 13:
75-79, 1976.
50. Miller, S. H. and Graham, W. P.: Breast disease and the plastic
surgeon - Comments. Breast, Diseases of the Breast 2:21,
1976.
51. Graham, W.P. and Miller, S.H.: The edematous hand. Penna.
Med. 79:43, 1976.
52, Graham, W.P. and Miller, S.H.: Nerve injuries. Penna. Med.
Med. 79:41, 1976.
53. Graham, W.P.. Miller, S.H., Davis, T.S. and Kennedy, T.J.:
Chest burns in the young girl. Penna. Med. 79:50, 1976.
.
22
23
CURRICULUM VITAE
William P. Graham. III, M. D.
'"
Articles Appearina in Nonrefereed Journals (Continued)
54. Kalenak, A., Graham, W.P., Dunn, B. J. and Gordon, S.L.:
Athletic injuries of the left hand. Amer. Pam. Phys, 14:
136-142, 1976.
55. Graham, W,P,. Calabretta. A.M. and Miller, S.H.: Dog bites.
Amer. Pam. Phys. 15:132-137, 1977.
56.
Lung, R.J., Miller, S.H., Davis. T.S, and
Recognizing burn injuries as child abuse.
15:134-135. 1977.
Graham, W.P.:
Amer. Pam. Phys.
57. Joehl, R.J,. Miller, S.H., Davis, T.S., Eyser, M.B. and
Graham, W.P.: Minor wounds in the hemophiliac patient.
Penna. Med. 80:56-57, 1977.
58. Miller, S.H" Graham, W.P., Tepsich, J, and Taylor, N.:
Breast reconstruction following mastectomy. AORN J 25;
945-960, 1977.
.
59. Graham, W.P., Miller. S.H. and Lapidus, S.M.: Diminishing
the stigmata of lupus erythematosus. Penna. Med. 80:
56-57, 1977.
60. Kennedy. T.J., Graham, W.P., Miller, S.H, and Davis, T.S.:
Management and prevention of pressure ulcers. Amer. Pam.
Phys. 15:e4-90, 1977.
61. Kennedy, T. J., Miller, S,H., Graham, W.P. and Davis, T.S.:
Carcinomatous change in old scars. Amer. Pam. Phys. 16:
l06-l07, 1977.
62. Smith, R.L., Davis, T.S,. Kennedy, T. J., Graham, W.P. and
Miller, S.H.: Metastatic malignancies of the parotid gland
Amer. Pam. Phys. 16:139-140, 1977.
63. Graham. W.P., Davis, T.S. and Miller, S.H.: Chain
injuries. Amer. Fam. Phys. 16:e9-91, 1977.
64. Kennedy, T. J., Miller, S.H, and Graham, W.P.: Reconstructive
and aesthetic surgery for the breast. Breast 3:28. 1977.
65. Himmelberger, E, S., Miller, S, H., Davis, T. S. and Graham,
W.P.: Involuting hemangiomas. Amer. Pam. Phys. 17:
99-102, 197e,
.
66. Kennedy, T.J., ~iller, S.H" Tooze, F.M., Harding, R.L.,
Davis, T.S. and Graham. W.P.: The team approach to treatment
of cleft lip and palate. Amer. Fam. Phys. 18:74-84, 1978.
CURRICULUM VIT.l\B
William P. Graham, III, M. D.
ft
Articles Appearing ir. Nonrefereed Journals (Continuedl
67. Merrell, C., Miller, S.H., Davis, T,S. and Graham, W.P.:
Prontal sinus fractures. Contemp. Ortho. 1:19-23, 1979.
68. Jackson, G. L., Graham, W. P. Plickinger, F. W. and Kennedy,
T.J.: Thymus accumulation of radioactive iodine. Penna.
Med. 82:37-38, 1979.
69. Davis, T.S" Graham, W.P. and Miller, S.H.: Hand infections.
Guide for the practitioner. Hospital Medicine:47-59, 1979.
70. Kress, D.W., Davis. T.S. and Graham, W.P.: Lower extremity
reconstructive procedures. Penna, Med. 85:54-60, 1982.
71. Graham. W.P., Miller, S.H. and Davis, T.S.: Common hand
infections. Hospital Medicine 20:205-237, 1984.
72. George, S.G. and Graham, W.P. III: Distribution of malignant
melanc~a cases. Pa. Med. e7:36-44, 1ge4.
o
73, Graham, W.P.,III: Am~rican Board of Plastic surgery. Bull~tin
of the American College of Surgeons 70:27, 1985.
..
24
2S
CURRICULUM VITAE
Willi~~ P. Graham, III, M. D.
"
Abstracts. Editorials. Exhibits and Book Reviews
1. Graham, W. P. : Tumor substance may destroy bone without
metastases. Letter to the Editor, New Physicians, P.A-20,
July, 1973.
2. Graham, W.P.: Removal of fishhooks. Letter to the Editor,
N.E.J.M. 272:580, 1966.
3.
Royster, H.P., Whitacre, W.B. and Graham, W.P.:
of the nasal tip deformity associated with
deformity. panminerva Medica 9:403, 1967.
Correction
cleft lip
4.
Graham, W.P.:
1969.
Cervical esophagostomy. JAMA 208:1191-1192,
5. Colocho, G., Packman, G., Goldsmith, M. and Graham, W.P.:
Cryofibrinogenemia in patients with cold injury. Cryobiology
6:574, 1970.
6, Graham, W. P.: Tonsils, adenoids and cleft palate. N.E.J.M.
283:554, 1970.
o
7.
Graham, W.P., Noone, R.B. and Nicholas, G.G.: Simplified
cervical pharyngostomy for tube feeding. (Exhibit) Am.
College of Surgeons, Chicago, October 1970. Am. Med. Assoc.
Clinical Convention, Boston, December, 1970.
8, Noone, R.B. and Graham, W.P.: Cervical pharyngostomy for
tube feeding. JAMA 216:334, 1971.
9. Noone, R.B., Graham, W.P. and Royster, H.P.: Simplified
technique for placement of a cervical pharyngostomy feeding
tube. (~Iovie) Am. Soc. of Pl. and Recons. Surgeons,
Montreal, October, 1971.
10. Graham, W.P.: Explosion of strobe light unit. Letter to the
Editor, Plast. and Reconstr. Surg. 49:331, 1972.
11. Graham, W.P. and Noone, R.B.: Prolonged tube feeding without
prolonged nasal intubation. Hospital Physician 8:34-35, 1972.
12.
Lynch, D.: Human
wound dressing.
w
Colocho, G., Graham, W. p" Sharlip, I. and
amniotic membrane as a physiologic
Cryobiology 9:333, 1972.
13, Kilgore, E.S., Graham, W.P., Adams, D.R, and Newmeyer, W .L. :
The extensor-plus finger. J. Bone & Jt. Surg. 54A:901,
1972.
26
CURRICULUM VITAE
William P. Graham, III, M. D.
'"
Abstracts. Editorials. Exhibits and Book Reviews (Continued)
14. Graham, W.P.: Comment and response, Pressure Sores. Ortho,
Review 3:79, 1974.
15. Calabretta, A.M., Graham, W.P., Miller, S.H. Dog bite
injuries in urban area. Clin. Res. 22 697A, 1974.
16. Graham, W.P., Duscher, M.L., Miller, S,H. and Rusenas, I.:
Biological dressings and wound contraction in the rat. Clin,
Res. 22:689, 1974.
,.._ "":"l::'. S.H.. Duscher, M.L. and
Warrimfeltz, ...: ",,,,J..:;.e.!.:i.al~zation and cont:ract~on in
standard wounds of rabbit ears. Clin, , Res. 22:690A, 1974.
lB. O'Neill, M.J., Kilgore, E.S., Calabretta, A,M. and Graham,
W.P.: Effects of injected corticosteroids on rabbit tendons.
Clin. Res. 27:425, 1974.
o
19. Kilgore, E.S., Weidner, W., Graham, W.P. and Calabretta, A.M.:
The accuracy of isotopic scanning in detecting hepatic
metastases. Clin. Res. 27:491, 1974.
20. Graham, W.P. and Kilgore, E.S.: Endotracheal intubation in
complicated cases. Hosp. Phys. March, 1975.
21. Graham, W.P.: Scalp lacerations; Facial lacerations. Penna.
Med. 78(11) :62, November, 1975.
22. Schantz, J.C., Miller, S.H., Laffey, K. and Graham, W.P.:
Effects of temperature on epithelial osteogenesis in the
guinea pig. Clinical Research 23:5B5A, December, 1975.
23. Lung, R.J., Miller, S.H., Graham, W.P. and Laffey, K.:
Measurements of tissue and blood pO and pCO in the
ischemic limb. Clinical Research 23:592A, December. 1975.
24.
Miller, S.H. and Graham, W.P.:
on epithelial osteogenesis.
Schantz, J.C., Duscher, M.L.,
The effect of freezing
Cryobiology 12:578, 1975.
25. Miller, S.H., Rusenas, I. and Graham, W.P.: Changes in
priwate corpuscles following volar pad excision and skin
grafting. Society for Neuroscience. Sixth Annual Meeting,
Toronto, Canada, Volume II, Part 2:944, 1976.
.
26. Lung, R.J., Davis, T.S.. Graham, W.P. and Miller, S.H.: Burns
as a manifestation of the battered child syndrome. Clinical
Research 24:622A, 1976.
27
CURRICULUM VITAE
William P. Graham, III, M. D.
..
Abstracts. Editorials. Exhibits and Boo~ Reviews (Continued)
27. Dvorchik, B.H., Miller, S.H. and Graham, W,P.: Gas chromato-
graphic determination of cocaine in whole blood with a
nitrogen sensitive detector, Clinical Research 24:623A,
1976.
28, Davis. T.S., Bissinger, B" Graham, W.P. and Miller, S.H.:
The theoretical and practical validity of the circular
excision. Clin. Res, 24:624A, 1976,
29. Miller, S. H., Saleem, A., Graham, H.P, and Davis, T,S.:
Consumption coagulation and fibrinolysis occurring in primate
extremities during tourniquet ischemia. Clinical Research
24:632A, 1976.
30. Rusenas, I., Miller, S,H. and Graham, W,P.: Alteration of
pacinian corpuscle morphology fallowing denervation and skin
grafting. #286, Contributed Papers, l43rd National Meeting
American Association for the Advancement of Science, 1977.
.
31, Miller, S.H., Saleem, A., Graham, W.P. and Davis, T.S.:
Consumption coagulation and fibrinolysis occurring in primate
extremities during tourniquet ischemia. #425, Contriouted
Papers, 143rd National Meeting, American Association for the
Advancement of Science, 1977.
32. Rusenas, I. and Graham, W.P.: The prevention of neuroma
formation by triamcinolone acetonide in squirrel monkeys.
The Anatomical Record 187, 1977,
33.
Graham, W.P.:
Book Review.
742, 1977.
Lacrimal disorders, diagnosis and treatment.
Plastic and Reconstructive Surgery 59:
34. Graham, W.P.: Dog bites. Editorial. Woman's Day 6: 1977.
35, Rusenas, I., Graham, W.P. and Miller, S.H.: peripheral
nerve regeneration in the stump tail monkey: Effects of
triamcinolone acetonide treatment. Society for Neuroscience.
III: 117, 1977.
36. Kennedy, T" Miller, S.H., Davis, T, and Graham, W.P.: Acute
and delayed effects of tourniquet ischemia on the tissue gas
tensions of vastus lateralis and anterior tibi~lis muscles
of subhuman primates. Clinical Research 25:651A, 1977,
.
37. Kennedy, T.J., Miller, S.H., Buck, D. and Graham, H.P.:
BlOOd flow to canine limPs following 2 hours of tourniquet
ischemia. Clinical Research 25:651A, 1977,
CURRICULUM VITAE
William P. Graham, III, M. D.
"
Abstracts. Editorials. Exhibits and Book Reviews (Continuedl
38. Kennedy, T. J., Miller, S.H., Pistone, G., Davis, T.S. and
Graham, W.P.: Failure of reserpine to increase skin flap
survival in rats. Clinical Research 25:657A, 1977.
39. Rusenas, I., Graham, W.P. and Miller, S.H.: Enhancement of
peripheral nerve regeneration by triamcinolone acetonide.
Anatomical Record 190:526, February, 1978.
40. Petro, J.A., Hallgren, E. and Graham, W.P.: A research
project and the pursuit of permission to do it. Clinical
Research 26:336A, 1978,
41. Petro, J.A. and Graham, W.P.: Wife abuse. Making the
diagnosis and initiating appropriate therapy. Clinical
Research 26:336A, 1978.
42. Buck, D., Davis, T.S., Miller, S.H., Graham, W.P. and
Joehl, R.: Effect of immediate cooling on tissue gas tension
and volume in the rat (limb) burn model. Clinical Research 26:
598A, 1978.
.
43. Miller, S .H., price, G., Kennedy, T.J., Neely, J.. Graham,
W . P., Davis, T. S. and Buck, D.: Tourniquet ischemia and
muscle metabolism. Clinical Res6arch 26:603A, 1978.
44. Miller, S.H., Eyser, M.E., Saleem, A., Gottlieb, L.,
Graham, W.P. and Buck, D.: Intravenous coagulation and
fibrinolysis within primate extremities during tourniquet
ischemia. Clinical Research 26:619A, 1978.
45, Kress, D., Graham, W.P., MIller, S.H., Tepsich, J. and Davis,
T.: Staphage lysate therapy in hidradenitis suppurativa.
Clinical Research 27:242A, 1979.
46. Wharen, R., Jr., Graham, W.P., Buck, D., Davis, T.S. and
Miller, S.H.: Effect of dimethyl sulfoxide on burn edema
in the rat. Clinical Research 27:246A, 1979.
47. Moscola, R., Graham, W.P., Davis, T.S. and Saggers, G.C.:
Otoplasty prior to completion of fibroelastic cartilage
development. An animal model. Clinical Research 28:
620A, 1geO.
48, Baer, W.E., Graham, W. P., Davis, T.S. and Saggers, G.C.:
Comparison of vasoconstrictors. Clinical Research 2e:
621A, 1980.
.
28
CURRICULUM VITAB
William P. Graham, III, M. D.
'"
Abstracts. Editorials, Exhibits and Book Reviews (Continued)
49.
Immediate repair of upper lip
(Discussion) Plast. Reconstr.
Graham, W.P.: JAMRA, F.A.
defect with a cross-lip flap.
Surg. 66:290, 1980.
50. Davis, T.S. and Graham, W.P., III: Escharotomies. J. Trauma
21 :83-e4, 1981.
51.
Graham, W. P. and Wolfort, F.G.:
multispecialty approach. pp. 266.
Inc., Boston, 1980. (Book Review)
63:260-261, 1981.
Acute hand injuries: A
Little, Brown and Co.,
Plast. Reconstr. Surg.
52. Graham, W.P., Davis, T.S., Miller, S.H. and Rusenas, I,:
Efficacy of Triamcinolone Acetonide following neurorrhaphy:
An electroneuromyographic evaluation. (Exhibit)
International Symposium on Nervous System Regenerative,
Catania, Italy, September, 1ge1.
.
53. Saggers, G., Buschmann, W., McGeorge, J., Davis, T.S. and
Graham, W.P.: Repeated cropping of split-thickness skin
grafts from a single donor site in pigs. (Exhibit) American
Burn Association, Washington, D.C., April 3, 1981.
54. Blomain, E.W., Saggers, G.C., Manders, E.K. Schenden, M. J.
and Graham, W. P.: Enhancing the survival of ischemic skin
flaps. Clinical Research 30:295A, 1982.
55. Manders, E.K., Blomain, E.W., Graham, W. P. and Davis, T.S.:
Topical nitroglycerin paste enhances the survival of skin
flaps. Langenbecks Arch, fur Chirurgie 357:3, 1ge2,
56. Graham, W.P. and Lapidus, S.: Severe epistaxis in facial
fracture. (Discussion). Plast, Reconstr. S~rg. 71:771, 1983.
57. Cadieux, R. J., Kales, Anthony, Manders, E. K., Orsini, M.A.,
Bixler, E.O. and Graham, W.P.
The pathophysiologic rationale for tracheostomy in
obstructive sleep apnea.
Poster Session.
'rhe Society of Head and Neck Surgeons Meeting.
New Orleans, Louisana
April, 1ge3.
.
5e. Manders, E.K., Cadieux, R. J., Kales, Anthony, Graham, W.P.,
Bixler, E.O. and O,~~s, T.S.
Comparison of Ol~Q anq Montgomeroy tracheostomy tubes
for treatment of Obstructive sleep apnea.
poster Session - New Orleans, Louisiana - April, 1983.
29
30
CURRICULUM VITAB
William P. Graham, III, M. D.
.
Abstracts, Editorials. Exhibits and Book Reviews (Continued)
59. Reviewed by William P. Graham, III. Langman's Medial Embryo-
logy, Firth Edition, pp 409, Edited by T.W. Sadler, Williams
and Wilkins, Baltimore, Maryland 1985. P.R.S. 81: 1313,
1988.
60.
Reviewed by
Reconstructive
by Burt Brent,
916, 1989.
William P. Graham, III. Artistry or
Surgery, Volumes One and Two, pp. 970. Edited
C.V. Mosby, St. Louis, MO 1987. P.R.S. 83:
.
61. Orner, George E., Jr. and William P. Graham, III,: Development
or certirication in hand surgery- Editorial - Journal of Hand
Surgery l4A:589-593, 1989.
62. Graham, W.P., III: Herpetic Infections of the Digits -
Editorial - British Journal of Hand Surgery l4B:363, 1989.
63. Reviewed by William P. Graham, III. Fat Transplantation and
Suction-Assisted Lipectomy, pp. 378. Edited by Joseph Agris,
Electric Enterprises, Houston, Texas 1987. P.R.S.84:997,
1989.
64. Reviewed by William P. Graham, III. Body Sculpturing by
Lipoplasty, pp. 471. Edited by Yves-Gerard Illouz and
Yves T. deVillers, Churchill Livingstone, Inc., N.Y, N.Y.
1989. P.R.S. 85:989, 1990.
65. Reviewed by William P. Graham, III. Liposuction Surgery and
Autologous Fat Transplantation, pp. 147. Edited by Saul
Asken, Appleton and Lange, East Norwalk, Conn. 1988. P.R.S.
85:990, 1990.
66. Correspondence Newsletter ASSH. pin Extraction. 1990-40.
67. John P. Stratis, Thomas S. Davis, Kathy Homan, Patricia Bear
and William P. Graham, III - Quantitative Assessment of
Bleeding in Retin A Treated Skin - Poster Exhibit, ASAPS,
April 1991.
68. Reviewed by William P. Graham, III. Lipoplasty: The Theory and
Practice of Blunt Suction Li~ectomy, pp 448, Second Edition.
Edited by Gregory P. Hetter, Little, Brown & Company, Boston,
Mass 1990. P.R.$, e9:986, 1992.
69.
Graham, W.P.~lI; ~re~ds for the Future in Aesthetic Surgical
Education - Carlsen Lectureship - Can J Plast Surg Vol 2:
16.17, l~~~
.
31
CURRICULUM VITAE
William P. Graham, III, M. D.
'" Abstracts, Editorials. Exhibits and Book Reviews {Continued]
70. Graham, H.P. III: Aesthetic surgery: The New Foundation
of Plastic surgery, Editorial in Worldplast Vol l/Number 2,
pp l65-l66. Field & Wood, Inc. 1995.
71. Reviewed by William P. Graham, III. Endoscopic Plastic
Surgery, pp 5e4. Edited by John Bostwick, III, Felmont
Eaves. III, and Foad Nahai. Quality Medical Publishers,
St. Louis, MO 1995.
72. Graham, W.P. III: Obituary on D. Verne McConnell, M.D,:
PRS 100:285, 1997.
o
32
CURRICULUM VITAE
William P. Graham, III, M. D.
.
VIDEOTAPE
1.
Graham, W.P., Manders, E.K. and Davis, T.S.
Cervical Pharyngostomy
Presented at the Society for Head and Neck Surgeons
May, 1983.
2.
Manders, E.X., Graham, W.P. and Davis, T.S.
Soft Tissue Expansion for Reconstruction of
Nasal Defects.
Made in cooperation wit:J :::::; . -- _J ~~- .,~....-
presented at the American ;.;. ..-
Surgery
April, 1983
Maj or Scalp and
Qr.~u2':~
C"".1."'~:""'"
.
..
33
CURRICULUM VITAE
william P. Graham, III, M. D.
.
Books and Chavters
1. Graham, W. P.:Soft tissue injuries to hands and upper
extremities. In, ~anagement of the Injured Patient.
W. S. Blakemore and W.T. Fitts, Jr., Editors, CUrrent
Perspectives in Surgery, pp. 44-51, Harper & Row Publishers
(Hoeber Division), New York, 1969.
2. Randall, P. and Graham, W.P.: Chapter 18, Lip adhesion in
the repair of bilateral cleft lip. In, Cleft Lip and Palate:
Surgical. Dental and Speech Asoects. W.C. Grabb, Editor,
pp. 282-287, Little Brown and Company, Boston, 1971.
3. Kilgore, E.S. and Graham, W.P.: Surgery of the hand. In,
Current Surgical Dia~losis and Treatment. J. W. Dunphy and
L. W. Way, Editors, pp. 969-996, Lange Publisher, Los Altos,
California, 1973.
4. Graham, W.P. and Rosillo, R.H.: Social rehabilitation of the
patient with head and neck cancer. In, Symoosium on
Malianancies of the Head and Neck. J. Hoopes, Editor, pp.
1.L!-::'.:'O, C.'I. Mosby Company, St. Louis, 1975.
.
5.
Graham, W.P.: Disorders of the mouth (malignant). In,
Current Therapy 1976, H.F. Conn. Editor, pp. 634-638,
W.B. Saunders, Philadelphia, 1976.
6.
Kilgore, E.S. and Graham,
Non-Surgical Management.
Jr. and william P. Graham,
1977.
W.P.: The Hand. Surgical and
Edited by Eugene S. Kilgore,
III, Lea and Febiger, Philadelphia
7. Kilgore, E.S. and Graham, W.P.: Chapter 3, Examination of
the hand. In, The Hand. Suraical and Non-suraical Management.
E.S.Kilgore, Jr. and W. P. Graham, III, Lea and Febiger,
Philadelphia, 1977.
.
8. Kilgore, E.S. and Graham, W. P, III: Chapter 4, Facilities.
In, The Hand. Surgical and Non-suraical Management. E. S.
Kilgore, Jr. and W. P. Graham, III, Editors, pp.41-56, Lea and
Febiger, Philadelphia, 1977.
9. Whitaker, L.A. and Graham, W.P.,III: Chapter 6, Incisions
and soft tissue repair. In, The Hand. Suraical and Non-
surqical Manaqement. E. S. Kilgore, Jr. and W, P. Graham,
III, Editors, pp.63-75, Lea and Febiger, Philadelphia, 1977,
10. Graham, W.P.: Chapter e, Non-specific inflammatory and
constrictive conditions. In, ~Hand. Surgical and Non-
surgical Manaqement. E. S. Kilgore, Jr., and W. P. Graham, III,
Editors, pp. 95-103, Lea and Febiger, Philadelphia, 1977.
~
o
..
H
CURRICULUM VITAE
William P. Graham, III, M. O.
Books and Chapters (Continued)
11, Graham, W.P, and Kilgore, B.S.: Chapter 9, Wounds, toreign
bodies and iatrogenic injuries. In, The Hand. Surgical and
Non-surgical Management. B.S, Kilgore, Jr. and W. P. Graham,
III, Editors, pp. 104-109, Lea and Febiger, Philadelphia,
1977.
12. Whitaker, L.A. and Graham, W,P.: Chapter 10, Vascular
injuries and disorders. In, The Hand Surgical and Non-
sur9ical Management. E.S, Kilgore, Jr. and W.P, Graham,
III, Editors, pp. llO-120, Le~ and Febiger, Philadelphia,
1977.
13.
Smith, J.R. and Graham, W,P. Chapter lS. Nerves.
Hand. Suraical and Non-sur9ical Management. E, 5,
Jr. and W.P, Graham, III, Editors, pp, 2ll-247, Lea
Febiger, Philadelphia, 1977.
In, IhL
Kilgore,
and
14. Graham, W.P.: Chapter 17, Amputations. In, The Hand.
Suraical and Non-sur9ical Manaaement. E. S. Kilgore, Jr.
and W. P. Graham, III, Editors, pp, 261.278, Lea and
Febiger, Philadelphia, 1977.
l5. Kilgore, E. S. and Graham, W. p,: Chapter 18, Contractures.
In, The Hand. Surgical and Non-surgical Management, B.S.
Kilgore and W,P. Graham, III, Editors, pp. 279-292, Lea
and Febiger, Philadelphia, 1977.
16, Kilgore, E.S. and Graham, W.P.: Chapter 21, StittnesB. In,
The Hand. Surgical and Non-sur\,lical Management, E, S. Kilgore,
Jr. and W.P. Graham, III, Editors, pp. 324-332, Lea and
Febiger, Philadelphia, 1977.
17. Rosenteld, K. and Graham, W,p,: Chapter 22, Tumors, In,
The Hand. Suraical and Non-sur\,lical Management. B.S.
Kilgore, Jr. and W.P, Graham, III, Editore, pp. 333-360,
Lea and Febiger, Philadelphia, 1977.
18. Miller, S.H. and Graham, W.P,: Chapter 26, Anesthesia. In,
The Hand. Suraical and Non-sur\,lical Management. B.S.
Kilgore, Jr. and W.P, Graham, III, Editors, pp, 437-444,
Lea and Febiger, Philadelphia, 1977.
19. Kilgore, E,S. and Graham, W.P.: Chapter 27, Pain. In,
The Hand. Surgical and Non-surgical Management. E.S.
Kilgore, Jr, and W,~, Graham, III, Editors, pp. 445-453,
Lea and Febiger, Qpiladelphia, 1977.
20, Graham, W.P., EditOZ'. ASPRS - EF - AS~1S, Plastic Surgical
Forum, Volume I, 1978.
"
.
.
CURRICULUM VITAE
William P. Graham, III, M. D.
Books and Chapters (Continued)
21. Graham, W.P.: Chapter 5, Cleft palate and cleft lip: A team
approach to clinical management and rehabilitation of the
patient. In, The Plastic Surgery of Clefts. H.K. Cooper,
R.t. Harding, W.M. Krogman, M. Mazaheri and R.T. Millard,
Editors, W.B, Saunders Company, Philadelphia, 1979.
22. Graham, W. P. : Chapter 9, Hand surgery. In, Outpatient
Surgery. R.C. Schultz, Editor, pp 213-243, Lea and Febiger,
Philadelphia, 1979.
23. Kilgore, B.S. and Graham, W.P. Chapter 47, Hand Surgery.
In, CUrrent Surqical Diagnosis and Treatment. J.E. Dunphy
and L.W.Way, Editors, pp. 1007-l02e, Lange Medical Publica-
tions, Fourth Edition, Los Altos, California, 1979.
24. Miller, S.H., Graham, W.P. and Davis, T.S.: Practical Points
in Plastic Suqery. Medical Examination Publishing Company,
Inc., Flushing, New York, 1980.
25. Graham, W.P. and Miller, S.H.: Chapter 13, Reconstructive
Surgery of the Breast. In, Operative Surgerv Princioles and
Techniques. P. F. Nora, Editor, pp. 211-219, Lea and Febiger,
Second Edition, Philadelphia, 1980.
26. Graham, W.P.: The primary care of facial injuries (Forward).
Dr. Elvin Zook, Editor, PSC Publishing Company, Inc.,
Littleton, Massachusetts, 1980.
27. Graham, W.P.: Chapter 19, Soft tissue injuries in childhood.
In, Symoosium on Pediatric Plastic Surqery. D.A. Kernaham,
H.G. Thomson and B.S. Bauer, Editors, pp. 239-24e, The C.V.
Mosby Company, St. Louis, Missouri, 1981.
28. Graham, W. P. : Chapter 52, Embryogenesis of the human
extremity. In, pediatric Plastic Surqerv. D. Serafin and
N. Georgiade, Editors, pp. ge9-991, 1984.
29. Graham, W.P. and Fox, R.S.: Cleft disorders. In, CUrrent
Theraoy in Neonat91 Perinatal Medicine 1ge5-lge6. PP.
163-166, B.C. Decker, Inc., 1986.
30.
Fox, R.S. and Graham, W.P.: Chapter 3l, Acute hand problems.
In, Surgical Emerqencies. Bernard Gardner and G.W. Shafton,
Editors, pp. 521-524. J.B. Lippincott Co. 2nd Edition 1986.
31. Fox, R.S., Graham, W.P., Furrey, J.A.: Injuries to the skin.
In, The pediatric Upper Extre~itv: Diagnosis and Manaqement.
F.W. Bora, Jr., pp. 80-83. W.B. Saunders Company, 1986,
35
36
CURRICULUM VITAE
William P. Graham, III, M. D.
"
Books and Chapters (Continued)
32. Berggren, Ronald B. and Graham, H.P. III: Section 18,
Plastic surgery. In Careers in Medicine - Traditional
and Alternative Opportunities, T. Donald Rucker and
Martin D. Keller, Editors, pp:14l-45. Garrett Park
Press, 1986.
33. Olmstead, P.M. and Graham, W.P.: Chapter 37, Surgical
Disorders of the skin. In, Essentials of Surqery. David C.
Sabiston, Jr., M. D., Editor, pp. 791-801. W. B. Saunders Co.
1987.
34. Graham, W. P.,III. Davis, Thomas S. and Miller, Stephen H.:
Chapter 5, Physiology of Maleness. In Male Aesthetic Suraery,
Eugene S. Courtiss, Editor, 2nd Edition. pp, 78-91. C.V.Mosby
Co. St. Louis. Missouri, 1990,
35. Graham, W.P., III and Fox. R.S.: Cleft Disorders. In Current
Therapy in Neonatal-Perinatal Medicine - 2. Nicholas Nelson,
Editor, pp: 201-203, B. C. Decker, Inc., Toronto ,
Philadelphia, 1990.
.
36. Graham, W. P.,III and Miller, Stephen H.: Chapter 14,
Reconstructive Surgery of Breast. In Operative Suraery
Principl.~ and Techni~es, Paul Nora Editor, pp. 266-276.
w. B. Saunders Co. 1990.
~
o
AESTHETIC AND ·
RECONSTRUCnVESURGERV
OF CENTRAL PENNSYLVANIA, P.C.
.
816 Belvedere Slreet
Carlisle. Pennsylvania 17013
717.249.0100
W1WAM P. GRAHAM. lit, M.D.
JOHN P. STRATIS, M.D.
June 2, 1994
Jeremy J. Houp
48 West Main street
Walnut Bottom, PA 17266
Dear Mr. Houp:
Just a note to cover the concerns that you had about problems with
taking finals. You sustained a serious injury to your right hand
with the laceration of three tendons and a joint in an accident on
the 29th of April. This has necessitated your being in a splint
or cast and having considerable restrictions as far as your hand
goes. You are still undergoing therapy which will be continued for
several more weeks. If there is any problem at school with their
understanding this, please have them get in contact with our
offices.
Sincerely,
WPG/djb
III, M.D.
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AESniETlC AND ·
RECONSTRUCTIVE SURGERY
OF CENTRAL PENNSYLVANIA, P.C.
.
816 Belvedere Street
Carlisle. Pennsylvania 17013
717' 249.0100
W1WAM p, GRAHAM. III, tot.D.
JOHN P. SmATlS, M.D.
June 2, 1994
o
Jeremy J. Roup
48 Wftst Main Street
Walnut Bottom, PA
Dear Mr. Roup:
You requested that I write you regarding your need for your
therapy. You sustained three tendon injuries and a variety of
other injuries to your hand in an accident for which we treated you
on the 29th of April. A copy of the Operative Report is enclosed
for your records and for your insurance Company.
As a consequence of this injury, you have been undergoing what we
refer to as a Chow Protocol, which is a specific therapeutic and
occupational therapeutic way of treating flexor tendon injuries to
gain the greatest mobility. This has been done three times a week
since the injury and will continue for at least twice a week over
the next three weeks. There may be additional therapy and even
additional surgery requir~d to gain the full degree of function.
Please let me know if your insurance carrier requires any
additional information.
~~-
- wfli[~P. raham, III, M.D.
WPG/djb
Enclosure
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JEREMY J. tiOUP,
PLAINTIFF
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LAwrON & EVELYN B.
ROVEGNO, RICHARD L.
ROVEGNO AND ROVEGNO'S
OF CARLISLE, INC"
DEFENDANTS
V.
MELISSA BRIDWELL,
ADDITIONAL DEFENDANT
94-5599 CIVIL TERM
ORDER OF COURt
AND NOW, this 28th day of September, 1998, the verdict of $50,000 entered In
favor of plaintiff against defendants this date Is molded to $37,500.
Taylor P. Andrews, Esquire
For Plaintiff
Jefferson J. Shipman, Esquire
For Defendants
Robert J, Mulderig, Esquire
For Additional Defendant
Court Administrator
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JEREMY J. HOUP,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
LAWTON & EVELYN B.
ROVEGNO, RICHARD L.
ROVEGNO AND ROVEGNO'S
OF CARLISLE, INC"
DEFENDANTS
V.
..
MELISSA BRIDWEll,
ADDITIONAL DEFENDANT
94-5599 CIVIL TERM
VERDICT
AND NOW, this 28th day of September, 1998, following a bench trial, I find:
(1) Defendants were negligent.
(2) The negligence of defendants was a substantial factor In bringing about
plaintiff's harm.
(3) Additional defendant was not negligent.
(4) Plaintiff was contributory negligent.
(5) Plaintiff's contributory negligence was a substantial factor in bringing about
his harm.
(6) (a)
Percentage of causal negligence attributable
to defendants: 75%
(b) Percentage of causal negligence attributable
to plaintiff: 25%
(7) The total damages sustained by plaintiff without reduction for the
percentage of causal negligence of plaintiff Is $50,000,
~
By the Cou~.
/
Taylor P. Andrews, Esquire
For PlaJntlff
I
Jefferson J. Shipman, Esquire
For Defendants
Robert J, Mulderlg, Esquire
For Additional Defendant
Court Administrator
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JEREMY J. HOUP,
PLAINTIFF
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY, PENNSYLVANIA
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LAWTON & EVELYN B,
ROVEGNO, RICHARD L.
ROVEGNO AND ROVEGNO'S
OF CARLISLE, INC"
DEFENDANTS
.
.
: 94-5599 CIVIL TERM
ORDER OF COURT
AND NOW, this 8th day of October, 1998, a Rule Is Issued against defendants
to show cause why the relief requested In the within motion for delay damages,
should not be granted. Rule returnable ten (10) days after service. Any answer flied
by defendants shall be forwarded by the Prothonotary to chambers.
By the Court, . ./ /
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Edgar B. Bayley, J.
I
Taylor p, Andrews, Esquire
For Plaintiff . ." .t.. I c I q h '"
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Jefferson J. Shipman, ESqulre~"f'.
For Defendants
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JEREMY J. flOUP,
Plaintiff
IN TflE COURT Of COMMON PLEAS Of
CUMBERLAND COUNTY. PENNSYL VANIA
v.
nVIL ACTION -LAW
LAWTON &; EVELYN 8. ROVEGNO,
RICHARD L, ROVEGNO, and
ROVEGNO'S Of CARLISLE. INC..
Defendants
NO. 94-5599 CIVIL TERM
ORD[R
AND NOW, this _ day of OI:tobor. 1998. in consideration of the attached motion by Plaintiff
for delay damages. the Defendants are hereby directed to show cause why the delay damages sought by
the Plaintiff should not be awarded.
Defendant shall file an answer within twenty days of receipt of this order, or the Prothonotary
may, upon request of the Plaintiff, as per Pa. R. C. P. 238 (c)(2), enter the delay damages requested as an
additional amount of this verdict and judgement.
This motion and order ~hall be served upon the Defendants by first class regular mail to the
attorney of record for the Defendants.
BY THE COURT
J.B.
JEREMY J. HOUP.
Plaintiff
IN HIE COURT OF COMMON PLEAS Of
CUMBERLAND COUNTY. PENNSYLVANIA
v.
CIYIL ACTION - LAW
LA WTON oft EVELYN B. ROVEGNO.
RICHARD L. ROYEGNO. and
ROYEGNO'S Of CARLISLE. INC..
Defendants
NO. 94-5599 CIVIL TERM
NOTICE
TO: LAWTON oft EVELYN B. ROVEGNO.
RICHARD L. ROYEGNO. and
ROVEGNO'S OF CARLISLE. INC.
By: Jefferson J. Shipman, Esquire
320 Market Street
Strawberry Square
PO Box 1268
Harrisburg. P A 17108
YOU ARE HEREBY notified to file a wrinen answer to the attached Motion for Delay Damages
within twenty (20) days from the filing of the Motion or the delay damages sought in the Motion may bel
added to the verdict or decision against you.
MOTION FOR BELAY DAMAGES
Plaintiff, Jeremy J. Houp. through his counsel. Taylor P. Andrews. Esquire of Andrews oft
Johnson respectfully seeks delayed damages in the above referenced case and represents as follows:
I. On September 28. 1998 the Honorable Edgar B. Bailey rendered a verdict of $37.500
payable to the Plaintiff by the Defendants in the aboye referenced case for personal injuries.
2. The September 28.1998 yerdict "as received by the Plaintiffs counsel on September
29. 1998 by US Mail.
3. The original process in the captioned case was served upon the Defendants on October S.
1994.
"
Houp v. Rovegno et. a!.
Calculation of Delay Damages
~ mime rate+1,%
calculitJOJl
total for year YI.IltIla.
$37,500.
1995 9.50% 87 days of interest@$8.4589
1996 9.50% 1 year@ 9.5% .
1997 9.25% 1 year@ 9.25%
1998 9.50% 271 days @$8.4589
Total Interest from Oct. 5, 1995 to Sept. 28,1998:
$735.92
$3,087.50
$3,006.25
$2,292.36
$9,122.03
· interest only calculated on $32,500 due to advance payment of $5,000 by Defendants
10/5/98
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I.D. .51185
GOLDBERG, ~TZHAN , SHIPMAN. p.e.
320 H.rkot Stroot
P. O. Box 1268
Horr1_burg, PA 11108-1268
(1111 234-4161
Attorney. tor Dotondant.
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 94-5599
JEREMY J. HOUP,
Plaintiff
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and
ROVEGNO'S OF CARLISLE, INC.,
Defendants
v.
MELISSA BRIDWELL,
Additonal Defendant
ANSWER OF DEFENDANTS TO PLAINTIFF'S
MOTION FOR DELAY DAMAGES
AND NOW, come the Defendants, by and through their counsel,
Goldberg, Katzman & Shipman, P.C., and file the following Answer
and New Matter in response to Plaintiff's Motion for Delay
Damages:
1. Admitted.
2. Admit ted.
3. Admit ted.
4. Admitted. Defendants agree to the Plaintiff's
calculation of delay damages.
NEW MATTER
5. Plaintiff and Defendants have agreed to the payment of
$41,622.03 to Plaintiff by Defendants, which is calculated by
adding the delay damages to the verdict and subtracting the
advance payment made by Defendants of $5,000 towards the
Plaintiff's medical bills.
6. Plaintiff and Defendants are executing the closing
documents presently and expect that the court docket will be
marked settled, satisfied ~nd discontinued within seven (7) days.
Respectfully submitted,
Jef er
32 Ma ket Street
P. . Box 126e
Harrisburg, PA 17108-1268
Attorneys for Defendant8
Identification No.: 51785
Telephone: (7l7) 234-4161
2
P.C.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy
of the f04egoing document upon all counsel of depositing the same
in the United States Mail, postage prepaid, in Harrisburg, PA, on
October 14, 1998:
Taylor P. Andrews, Esquire
Andrews , Johnson
78 West Pomfret Street
Carlisle, PA 17013
Robert J. Mulderig, Esquire
Turo Law Offices
32 South Bedford Street
Carlisle, PA l70l3
GOLDBERG, KATZMAN' SHIPMAN, P.C.
.
n J. Shipm n, Esquire
32 M rket Street
P.O. Box 1268
Harrisburg, PA 17108-1268
Identification No.: 51785
Telephone: (7l7) 234-416l
11066.1
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Jefterson J. Shlpm~n. Esqulro
I.D. tSI18~
GOLDBERG. I<ATZHAH , SlllPHAH. p.e,
J20 Morkot Stroot
P. O. Bolt 1268
Horri.burq. PA 17108-1268
(7171 2]4-4161
Attorneys tor O.tend.nts
JEREMY J. HOUP,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
LAWTON, EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and
ROVEGNO'S OF CARLISLE, INC.,
Defendants
NO. 94-5599
"
"
v.
MELISSA BRIDWELL,
Additonal Defendant
ANSWER OF DEFENDANTS TO PLAINTIFF'S
MOTION FOR DELAY DAMAGES
AND NOW, come the Defendants, by and through their counsel,
Goldberg, Katzman & Shipman, P.C., and file the following Answer
and New Matter in response to Plaintiff's Motion for Delay
Damages:
1. Admitted.
2 . Admit ted.
3. Admitted.
4. Admitted. Defendants agree to the Plaintiff's
:31culation of delay damages.
m:w MAT'I'':R
5. Plaintiff and Defendants have agreed to the payment of
$41,622.03 to Plaintiff by Defendants, which is calculated by
adding the delay damages to the verdict and subtracting the
advance payment made by Defendants of $5,000 towards the
Plaintiff's medical ~ills.
6. Plaintiff and Defendants are executing the closing
documents presently and expect that the court docket will be
"
'.
marked settled, satisfied and discontinued within seven (7) days.
Respectfully submitted,
P.C.
Jef er
32 Ma ket Street
P. . Box 126e
Harrisburg, PA 17108-1268
Attorneys for Defendants
Identification No.: 51785
Telephone: (7l7) 234-4161
2
Cr:RTU'TCATE OF SERVICE
I HEREBY CERTIFY that I served a true and correct copy
of the foregoing document upon all counsel of depositing the same
in the United States Mail, postage prepaid, in Harrisburg, FA, on
October 14, 1998:
Taylor P. Andrews, Esquire
Andrews & Johnson
7e West Pomfret st~eet
Carlisle, FA 17013
'.
"
Robert J. Mulderig, Esquire
Turo Law Offices
32 South Bedford Street
Carlisle, PA 17013
GOLDBERG, KATZMAN & SHIPMAN, p.e.
n J. Shipm n, Esquire
32 M rket Street
P.O. Box 1268
Harrisburg, PA 1710e-1268
Identification No.: 51785
Telephone: (717) 234-416l
11066.1
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LAW n....ICK!i
GOLDBERO. KATZMAN & SHIPMAN. P.c.
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HAARY .. GOU)KRO
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rHONAI I. MINN....
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October 14, 1998
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Curt Long, Prothonotary
CUmberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-33e7
In re:
Houp v. Rovegno v. Bridwell
No. 94-5599
Cumberland County Common Pleas
Dear Mr. Long:
Enclosed please find ~n original and one copy of the Detendants'
Answer and New Matter to the Plaintiff's Motion for Delay
Damages, which I would appreciate your filing ot record in the
above-captioned matter.
Please return a clocked-in copy of he Answer to me in the
enclosed self-addressed, stamped envelope.
Thank you.
Very truly yours,
Jefferson J. Shipman
JJS:mem
Enclosures
cc: The Honorable Edgar B. Bayley (wfenc.)
Taylor P. Andrews, Esquire (wfenc.)
Robert J. Mulderig, Esquire (wfenc.)
11081.1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEREMY J. HOUP,
PLAINTIFF
V.
LAWTON & EVELYN B.
ROVEGNO, RICHARD L.
ROVEGNO AND ROVEGNO'S
OF CARLISLE, INC.,
DEFENDANTS
.
: 94-5599 CIVIL TERM
ORDE" OF COURT
AND NOW, this 19th day of October, 1998, based on the motion of plaintiff for
delay damages, and the answer filed by defendants, the Rule Issued against
defendants to show cause why the relief requested should not be granted IS MADE
ABSOLUTE. Delay damages are added to the verdict In the amount of $9,122.03.
Taylor P. Andrews, Esquire
For Plaintiff
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Jefferson J. Shipman. Esquire
For Defendants
:saa
JEREMY J. HOUP,
Pla.intiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO. 94-5599
LAWTON & EVELYN B. ROVEGNO,
RICHARD L. ROVEGNO and
ROVEGNO'S OF CARLISLE, INC.,
Defendants
VS.
MELISSA BRIDWELL,
Additional Defendant
PRAECIPE
TO THE PROTHONOTARY:
Please mark the docket in the above-captioned matter
settled, satisfied and discontinued.
NSON
By
T r P. Andrews, Esquire
7 West Pomfret Street
Carlisle, PA 17013
Attorneys for Plaintiff
DATE:
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