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HomeMy WebLinkAbout94-05714 t.- . g,! > -t. . ~, ,;" , i , , ! -01 1\ .~ ) ~ / j J i , , ! j ':t- -..... C' VJ " / ''I.,. -, ! "\ ',/" \ ~ \ ___ "~.l ) ---- , &. ~ ~ I:i .. ~ !l ... 0 '" E ~ .. .. VI t to .. .. .. z .. ~ Q 0 K .; ~ '" 0 '" ... .. ~ <;) ~ % ci .. ~ E .. VI '" ~ ii -l! 0 .. z ~ . ~ VI % .. 0 ~ ... <;) ~ ';~~1!<1 Ii 1997 THOMAS. THOMAS. HAFER .v; Jelfr.'1 B. R.ttig. E.qui,. IOllvTWtCA rlON NO... 19616 JOG North fron, $".., ~. O. lID. '" H.m...,,'A 111"'11'11 tl,1JJII.1IJ6 A nornotla lor Dofondont ROY M, REICHARD, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION - LAW v. NOVINGER, INC. and DWAYNE L. KROUT, Defendants. NO. 94-5714 Civil Term PRETRIAL MEMORANDUM OF DEFENDANTS NOVINGER. INC. and DWAYNE L. KROUT Pretrial Conference Wednesday, October 22, 1997 ATIORNEYS Lawrence Rosen, Esquire, for Plaintiff, Roy M. Reichard Jeffrey B. Rettig, Esquire, for Defendants, Novinger, Inc. and Dwayne L. Krout r.~ On October 30, 1992, Plaintiff, while operating his personal vehicle, was struck by a vehicle operated by Mr. Reichard, WITNESSES 1. William Walker - Vocalional Expert; 2. Representative of Commonwealth of PelUlSylvania re: Plaintiff's employment records. EXHIBITS 1. Plaintiff's medical records; 2, Plaintiff's employment records; 3, Plaintiff's records of wages. ISSUES __'u, . Liability in thi~ case i: admittel The only question is the amount of Plaintiff's pain and suffer g and anticipated future w 'loss. CERTIflCATE OF SERVIC~ I, JEFFREY B. RETTIG. ESQUIRE. hereby certify that 1 have served a lrUe and correct , ? copy of the foregoing Defendants' Pretrial Memorandum on the following person(s) by placing same in the United Slates mail, poslage prepaid, on the 14th day of October, 1997: Larry Rosen, Esquire 1101 North Front Street Harrisburg, PA 17102 THOMAS, mOMAS " HAFER l, . it \i ,'\\ ~ ~ ~ ~'7. <ii. <II t\\i~ ~? I:t, ;t. ;t. \~~ C>o~ .\1- <ii. \~~\ ~~ . ~~ U IJl \C>o_ "'''t. . ~ ~ l. \ \l- 'tJ~ ? . ." ,,~ ; u'" ~ <t ....,.l QI'" \:' ... ~C>o ~'?, a\\~l" \l-'S .... 00 tP II' . ~~ \\\'1 \ $ ",u i <t '7. . \:to a- ,.. ~,.l ?<ii. ~ ~ O;t. U,.l ~ IJlQl' QI \ :r :s:.1Jl C>o "'\ ~u . " . .\ . --\:> ,'10CT 1 5 19';11 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 94-5714 CIVIL ACTION - LAW JURY TRIAL DEMANDED ROY M. REICHARD, P laintiH NOVINGER, INC. and DWAYNE KROUT, Defendants PLAIII'rIPP'S TRIAL MEMORAllDUM I. Facts as to Liability The facts giving rise to this case occurred on October, 30, 1992 . On or about 7:00 A.M., Plaintiff was traveling north on progress Avenue on his way to work. ~hile making a left turn onto Linglestown Road he was struck broadside by Defendant, Dwayne Krout, who negligently entered the intersection while the light was red. At the time of the accident, Defendant Krout was driving a vehicle owned and insured by Defendant Novinger, Inc. and was acting within the real and/or apparent scope of his employment. II. Liability Issues Defendant Novinger, Inc. has acknowledged that its employee/agent Defendant, Dwayne Krout, was negligent and that he entered the intersection at progess Avenue and Linglestown Road against a red light and as a result of said negligence struck plaintiff's vehicle. Defendant, Novinger, Inc. has also acknowledged that at the time of the subject accident, Defendant, Dwayne Krout, was acting within the real and/or apparent scope of his authority and that as a matter of law it is liable for any damages caused suffered by Plaintiff caused by Defendant, Dwayne Krout's negligence. (See Exhibits A and B) III. Facts as to Damaqes The subject collision involved Defendant, owayne Krout, striking Plaintiff's vehicle broadside on the driver's side with such force that his vehicle (1997 Mazda truck) was totalled. Mr. Reichard was taken by ambulance to the emergency room at Polyclinic Hospital. Initially Mr. Reichard suffered from severe bruises and contusions to his hip and thumb and, more significantly, cervical and lumbar trauma. It soon became apparent to Mr. Reichard that his injuries would require medical intervention and he was examined by his family physician, Dr. Vance Stauffer, Jr. on 11/6/92. By this time his primary problem was c'er':.:.~al pain and stiffness notwithstanding the other aforementioned injuries. Mr. Reichard's first attempt at recovery was a course of physical therapy with McCuen and Associates beginning in November of 1992 and continuing through February 10, 1993 and it was hoped that his symptoms would improve over time. In fact, his symptoms did improve immediately after discharge from physical therapy. Mr. Reichard refrained from his usual activities, did home exercises as well as aquatics which was prescribed by Dr. James Hamsher. Dr. Hamsher advised Mr. Reichard to begin resuming his normal pre-injury lifestyle which included hunting, fishing, bowling, so[tball, household and yard work. Although participation in these activities exacted their toll on Mr. Reichard immediately after participation, he believed that, over time, his condition would improve until he had experienced a complete recovery. It was clear to Mr. Reichard that his condition at that time (late 1992, early 1993) would not permit him to seek a position in the surveying profession, a line of work in which he had been employed for fifteen years. This was and continues to be true due to the strenuous physical demands of the profession. On or about October of 1993, Mr. Reichard went bowling for the first time since the accident. The next morning, Mr. Reichard awoks with severe cervical pain. Dr. Hamsher then referred him to the Keystone Spine Center where it was determined that his symptoms were consistent with McKenzie Cervical Derangement t3. Upon his release from the Center, it was the opinion of his therapist that a complete recovery was unlikely. Mr. Reichard, not being one to accept defeat easily and frustrated by the fact that he was living with daily pain and forced to curtail his life both professionally and personally decided to seek the help of Dr. Leland Patterson, a neurologist. Dr. Patterson was of the opinion that there was evidence of trigger points in the left middle trapezius, the left scalenus anticus, the paracervical musculature right grater that left, the right pectoralis major at the shoulder and the right anterior belly of the deltoid. At Dr. Patterson's suggestion Mr. Reichard received two nerve block injections from Dr. Snenai of Anesthesiology Consultants, Inc. These injections not provide any relief. On or about May of 1994 Mr. Reichard sought help at the Capital Recovery Center where he unde~wsnt treatment for myofacial pain syndrome. During the course of treatment, Mr. Reichard experience some diminution of his symptoms. However, soon after release from Capital Recovery Center, it became clear to Mr. Reichard that his pain was a constant in his life and that the degree of pain which he suffered each day was dependant upon his activity level. In February of 1996, Mr. Reichard was examined by Dr. Michael Lupinacci a partner in Physicians of Rehabilitation Medicine, P.C. After examination and a review of a functional capacity evaluation performed at and by HealthSouth, Dr. Lupinacci came to the conclusion that short of surgical intervention with its attendant risks, there was no further rehabilitative regimens which would be proper. In other words, Mr. Reichard would have to learn to live with his pain. In addition, Dr. Lupinacci determined that Mr. Reichard's condition precluded him from ever working again as a surveyor. Dr. Lupinacci will testify via videotaped deposition as to aforesaid conclusions. IV. Damage Issue Given the parties agreement as to liability, the only issue to be submitted to the jury will be the amount of damages which will adequately Mr. Reichard. Evidence will be offered by Mr. Reichard and by his wife regarding his pain and suffering and loss of life's pleasures. Clearly the most contentious issue will be Mr. Reichard's !',:t,;..,r"..,.c.r,.'\'~~:., _..~ iiT~,"" , MP .........,. "' ~,;:i",-. A .:>;--.; ':!;:;:;, '~T!'" "., , ,., ._lNIl't .-~t:/.:; :' hnfDr~ .Ala Kreu.kll /1TfOPHE'f 1ir I.JfN 1101 N.JIlCIH1' "'-r HI\' _19B' ftl. PI!NI8'I'I.\NCA 717-234 .. WI DO I~..A.., Qrn....Jr TtW' nil ~~~N#D COlliE. ~ '.. W,FUDW.,.. v . fit AJ~~UCY '- '- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. qLf- 5'7 I tfcIVIL 1-99+ ,~ CIVIL ACTION ROY M. REICHARD 99 HILL CREST DRIVE NEW CUMBERLAND, PA 17070, Plaintiff NOVINGER, INC. 1213 PAXTON CHURCH ROAD HARRISBURG, PA 17112, Defendant . . versus AND : DWAYNE L. KROUT 757 FIRESIDE ROAD YORK, PA 17404 Defendant PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: Please issue a writ of Summons in the above-captioned action. writ of Summons shall be issued and forwarded to Lawrence J. Rosen, Esquire 1101 North Front street Harrisburg, PA l7102 (717) 234-4583 Number 16025 DATE: &('r~'\... 5' 14t/'I I L4IUrel/Cf!. E. Wdk.~r Prothonotary , by &;)Aluji d. }vd~, ~; WRIT OF SUMMONS TO THE ABOVE NAMED DEFENDANTS YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN ACTION AGAINST YOU. , . , . " . .' . ~. " \' , ,,", I . _' " ' . t . \ ~ ~ _ 00 -::r N ~ en ... - ..-::- ~ '-..Sl ., = '-51 - - . . , ... '" ~ ~ e ~N Vi ~~ ;....~ '::}- - ~ L> = Robert M. Reichard vs Novinger, Inc. and Dwayne L. Krout In the Court of Common Pleas of Cumberland County, Pennsylvania No. 94-5714 Civil Term Wr it of Summons R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry for one of the within named defendants, to wit, Novinger Inc. but was unable to locate them in his bailiwick. He therefore ddputized the Sheriff of Dauphin County, Pennsylvania to serve the within Writ of Summons according to law. DAUPHIN COUNTY RETURN. And Now. October 17, 1994 at 9,15 A.M. served the within Summons upon Novinger Inc by personally handing to Kelly McFarvet, Sec'y and person in charge at time of service a true attested copy of the original Summons and making known to her the contents thereof at 1213 Paxton Street, Harrisburg, Dauphin County, Pennsylvania. So answers. William H. Livingston Sheriff of Dauphin County, Penna. by Andy Clements, Deputy Sheriff of Dauphn County, Pennsylvania. Dauphin County return hereto attached. R. Thomas Kline, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry for one of the within named defendants, to wit, Dwayne L.Krout but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Writ of Summons according to law. YORK COUNTY RETURN. Now, October 17, 1994 at 6,55 o'clock P.M.,. served the within Summons upon Dwayne Krout at 757 Fireside Road, York, York County, Pa. by handing to Susan M. Krout wife a true and attested copy of the original Summons and made known to her the contents thereof. So answers. Kenneth Markel, Sheriff of York County, Pennsylvania. York County return hereto attached. Sheriff's Costs, Docketing Surcharge Dauphin Co. York Co. 18.00 4.00 24.25 17.68 73.93 Pd. by Atty. 10-20-94 ~swers. ~Vmas Kline. Sheriff Sworn and subscribed to before me this "~~ d F /7'1 -..-t - , ay 0,. [Jc.... ...... l..... J:..';/t~ () YvI~J.'lL-- ~I'TI -=t'Pltothonotary J 1994, A,D. 1:-:in~ Court ci C~mmo;'\ R'lY M. Re ichard ;::l'~-'" . __..;3 ~T. .-.,.- .~ ,._~.....,~ .'~t'-'''''\I P-"'r:"'yl',- 1'- _ '---...-'<" .-,,- 1"............. I' ::..... _r:.. ""S. Dwayne L. Krout ~O, 94-:1714 ,Civi 1 ---r :?- Term :iow, October 12. 1994 ~9_ !. S:~.z.:~ O? C:::~Gz:?":"A.'l!) COt."":'{~. ?..-\....,. co :~ ri..;:u= C:I Sb.::.:J' ol 'fork Cwu.::ty :0 =-.:=-..u.: :is ',V=-::., :=.s ci...--:u:::cn :-:..,er -....:. U == ~ ::d :itk of :.:: !"":-::i. . -.. . rk-:, // ;~ ~~ SQL~ ot C;:!lerl.1l:d CJWlC1. ":1. . Affidavit or Se:-ri~ ~OW, October 17 O'_ole". . ~ 'L 1---' :.. _ t _o-__-iI ~!?_ 94 6:55 :.::~ wi.'-:" Summons 'Jpoa Dwayne Krout Jt 757 Fireside Road, York, York County, PA :y ~~ ~ Susan M. Krou~,wife 1 true and attested c:::py ot =: o:'.;'_1ISummons .- J.:d _1":. Ccwn :0 her == .:::.:=:s , . ==::::1. So ;u:sw=. Deputy Lz(,Ju ttl/If~ Sherif Marshall Roser c:..-c"h.. \ ~,,<-<:-*,,<--'-- ~r~ ~ oi York 5wcr: :end s::ac-:D::i be:i'=: ' =:: .~: ....l.lL QV Qt October ;/;;!{[a/; j// /cZLL- CCSTI ~~ <<.v'1CZ ).(!U.AGE. ,314.00 1.69 2.00 19-3.A, A ..,TI r_ ~.--t. NO;rARIAl. SEAl. IS IV. RHINE. 1I"'ary Public York. Yon. COUnly, Ponn:J11"'~nI3 My Conm,...,o E>plr.. Maith 25, 1095 , $17.68 otary . . " COMMONWEALTH OF PENNA: COUNTY OF DAUPHIN: SHERIFF'S RETURN NO. 94-5714 PAGE 347 AND NOW: October 17, III 94 ,ot 9:15 AM. SlH[)NS SERVED THE UPON WITHIN Novinget', Inc. BY PERSONALLY HANDING TO KP.lly McFarvet, Sec'y and person in charge at time of service A TRUE ATTESTED COPY OF TilE ORIGINAl. SUlfllNS AND MAKING KNOWN TO Her TilE CONTENTS TIIEREOF AT 1213 Paxton St., Hart'isburg, Dauphin County, Penna. Sworn and subscribod to SO ANSWERS ~~?f. ~J~ :~ER I FF OF D U/~_C~NTY J PENNA V 111'.Ll::::' jJ ')1Y---srH/~iII'F l before me this 18th daf\f Oct. 19 94 0[[[)JW1lJ ~. {-;-)aWuu IkOTIIONOT ARY SHERIFF'S COST $ s ~ 1/\ b Th:: C;:lurl' ci C.:mm:::'j -i ....:3.-- I.__.;! ,. .- " I. ....-r' .,.' ,..,-......, -,.-,..,/ ....-.J,..-...;,:. ,_"1_ ....__...,,' :l."...r.cy 1,,--\'- J _., .~ _4. '-4 Roy M. Reichard 'is. Nov inger. [nc. :-lo. 94-5714 Civil Term :3_ ----. ;:';0"', October 12, 1994 ~9---. !. SEZ:~? O~ C~[3Z:":'A.'{D COt.~':Y. ?A.., :0 ::=:::r, c:.."?I.l= := 3l='.:? oi Dauchin Cn&.:.C7 :0 =:::-.nG =a 'tV:::, ~ =-::u::cu =:bI-"':. U ~ ~ =ri :-=..sk "i :.::.:: ?":-:i. ..,.:-/ ~ C'''''' . ~~!,....:>_.~/ Sl1a.'1:2 ~t C:=!lu'.zd C=tY. ?~ . Affidavit Or Se.-n= ~ow, ~9 .. o".:.!ca ~[. 1=-.~ . -. :r ~:! wi";"';" '.1;:'QB U "=r ==~ :Q .1 ~ oi == ::J~~_..I .. 1l3d = Cawu :0 ~ :::;::::s :::e..-::i. So u:sw~ 3lIc::i 01 c:..-r"h. S"",.-: :moi 1'.1Csc::-J:oe::I == =:~_Qyoi ccsn :::.....~".,c:::: ~~-\GZ .--\:: llJA...... 3 '0 u_ s ._ 0-4 ~ f \~il iil~r . 1\1 I} ./-~ \j), ' F1lED-{)FRCE 0,": 1,.:r r -.r,' !J""~'TI\ny ~ ',.' ' ',. I ...~ Jl 91 JMl-1 PH 3: 34 CUt/2\.:hl/LJ GGUNlY P8'h"iS\'l'JANIA . . , j , '\ ..'r ~~ 1).>0 III :1::1: l~ .... .... III ~ .... 'l:l .. U>o :z .. c:: ~ !i~l~ ~~ H c:: to 0< 0.... 'l:l ...1 l>: to . c:: 0 I). 0< .. . U . Gl i"U ~ :1:~ > :z~.... r~\ P' .,. UI). H::;lGl ::;l0 U ~ H 00 8j r- Iol .l>: "' l>: l>::.I I Iol Iollll ... . Clllol :1:1ol '" ::E: :z:Z ~~ H>< . >0 >< 0 0 ~~ HU :z l>: \ . l , , , f 1 l \ ~ ~ ..~ 1:. ROY II .R1fICHARD , pla1ntiU : IN 'J'H1f COURJ' OF COIfIfON PUAS : CUIIURLAND caJII'J'Y, PIlNNSYLVANIA . . v. : NO. 94-5714 . . IK1VINGBR, IIfe. and UfAYRIl lCRaJ'J' D19Lendll1lts : CIVIL AC'J'ION - LNi . . : JURY 'J'RIAL DlllfANDlfD NOTICE TO puu,n TO THE DEFENDANT NAMED HEREIN: 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 twenty (20) days after this Complaint is 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 further notice for any money claimed in the Amended 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 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAlI GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6200 NOTICIA Le han demandado a usted en la corte. si usted quire defenderse de estas demandas expuetas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha de 1a excrita 0 en persona 0 por abogado y archivar en la corte en forma excrita sus defensas 0 sus objectiones alas demande, 1a corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADOO SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE PUEDECONSEGUIR ASISTENCIA LEGAL. ROY ". UIeHARD, . IN ~B. caJRr 01' COIIIIOlf PLIlAS . plaintUL . CVIlBlfRLAlfD CCX1ll'I'Y, P1l1flfSYLVAlfIA . . . v. . 110. 94-5714 . . . NOVINGBR, INC. and . CIVIL AC'l'ION - LNfi . I1N AYlIB lCRDtJ'J' . . DeLendants . JURY ~R.IAI. DBIfANDBD . COMPLAINT ..,. ,\ AND NON, this ~ day of January, 1997, comes Plaintiff, ROy M. Reichard, by his Attorney, Lawrence J. Rosen, who files the fOllowing averments in support of the within Complaint: 1. Plaintiff, Roy M. Reichard, is a forty one year old male residing at 99 Hillcrest Drive, New Cumberland, Pa. 17070. 2. Defendant, Novinger, Inc. is a Pennsylvania Corporation whose principal address is 1213 Paxton Church Road, Harrisburg, Pa. 17112. 3. Defendant, Dwayne L. Krout, is an individual residing at 757 Fireside Road, York, Pa. 17404. 4. On or about October 30, 1992, Plaintiff was on his way to work traveling north on Progress Avenue. 5. At the intersection of Progress Avenue and Linglestown Road, Plaintiff proceeded through the interDection and attempted to make a left turn onto Linglestown Road as the traffic light at the intersection was green at the time. 6. Defendant, Dwayne Krout, was traveling east on Linglestown Road at th~ time Plaintiff attempted to make aforesaid left turn onto Linglestown Road. 7. Defendant Dwayne K:out proceeded, against the red light, into the intersection at the time that Plaintiff was attempting to make a left turn onto Linglestown Road and stl'uck Plaintiff, causing substantial damage to plaintiff's truck as well as serious injury to Plaintiff. 8. At the time of the accident, Defendant, Dwayne Krout, was looking away from the road in order to open his door window. 9. At the time of the accident, Defendant, Dwayne Krout, was driving a motor vehicle owned by Defendant, Novinger, Inc. 10. At the time of the accident, Defendant, Dwayne Krout, was acting wi thin the real and/or apparent scope of his employment with, Defendant, Novinger, Inc. 11. As the direct result of aforesaid accident, Plaintiff suffered serious injuries including but not limited to cervical and lumbar trauma, contusions to his hip and thumb and bruises to his forehead as the result of his forehead striking the windshield upon impact. 12. Plaintiff was treated for aforesaid injuries and all of his injuries have resolved with the exception of the problems relating to the cervical trauma. 13. plaintiff continues to suffer from chronic neck pain, right shoulder pain and right arm pain, tingling and numbness all of whlch symptoms were caused by aforesaid accident. 14. Prior to aforesaid accident, Plaintiff, had been employed for more than fifteen years as a surveyor. 15. ^t the time of the accident, plaintiff had been employed, in a temporary posltion, as a construction inspector. 16. It was Plaintiff's intention to return to his profession as a surveyor upon the termination of aforesaid temporary position. 17. The day of the accident was Plaintiff's last day on the job. 18. As a direct and proximate result of the injuries suffered by plaintiff, he is no longer able to work as a surveyor as he is no longer physically able to perform the strenuous tasks required by that profession. 19. As a direct and proximate result of the injuries suffered by plaintiff, his future earning capacity has been substantially diminished by his inability to work as a surveyor. 20. The injuries suffered by Plaintiff are permanent and will preclude him from ever again working as a surveyor. 21. As a direct and proximate result of the injuries suffered by plaintiff he has suffered a substantial loss of future income. 22. As a direct and proximate result of the injuries suffered by plaintiff, he has suffered and will continue to suffer pain and SUffering for the remainder of his life. ~3. As a direct and proximate result of the injuries suffered by plaintiff, he is unable and will continue to be unable for the remainder of his life to enjoy life's pleasures without suffering physical pain. ~4. As a direct and proximate result of the injuries suffered by plaintiff, he has been forced to make substantial expenditures for medical care. ~5. As a direct and proximate result of the injuries suffered by plaintiff, he will be forced to make substantial expenditures in the future for the treatment of said injuries. COUNT 1.- NEGLIGENCE - DWAYNE KROUT ~6. paragraphs one through twenty five are incorporated as if fully set forth herein. ~7. Defendant, Dwayne Krout was negligent in entering the intersection of Progress Avenue and Linglestown Road against a red light. ~8. Defendant, Dwayne Krout was negligent in operating his vehicle at an speed in excess of the posted speed limit. ~9. As the direct result of Defendant, Dwayne Krout's negligence, the vehicle driven by him struck Plaintiff's vehicle in the intersection of Progress Avenue and Linglestown Road. 30. As the direct result of Defendant, Dwayne Krout's, negligence, Plaintiff has suffered substantial damages including medical expenses both past and future, pain and suffering both past and future, loss of future income and loss of life's plessures both past and future. WHBRBPORI, Plaintiff demands jUdgment against Defendant, Dwayne Krout, in excess of thirty five thousand dollars plus costs and interest. COUJIT II. IIEGLIGBIIClI - ClDI'1'IJIARIL IIIC. 31. Paragraphs one through thirty are incorporated as if fully set forth herein. 3Z. At all times pertinent hereto, Defendant Dwayne Krout was an employee of Defendant, centimark, Inc. 33. Defendant, Dwayne Krout, was driving a vehicle owned by Defendant, Centimark, Inc. at the time of the subject accident. 34. At all time pertinent hereto, Defendant, Dwayne Krout, was acting within the scope of his authority as an employea/agent of Defendant, Centimark, Inc. and was acting to advance the interests of his employer. 35. Any and all negligent acts of Defendant, Dwayne Krout, relative to the instant matter are attributable to Defendant, centimark, Inc. as said negligent acts were done within the scope of Defendant, Dwayne Krout's status as an employee of Defendant, Centimark, Inc. and therefore, the doctrine of Respondeat Superior applies. 36. Defendant, centimark, Inc. is liable for all damages to plaintiff caused by Defendant, Dwayne Krout's negligence including medical expenses past and future, pain and sutfering past and future, loss of future income and loss of life's pleasures past and future. IIHBRBPORB, Plaintiff demands judgement against Defendant, centimark, Inc. in an amount in excess of thirty five thousand dollars plus interest and costs. Respectfully Submitted: oate:~ ~' Rosen, Esquire ounse for Plaintiff 1101 North Front Street Harrisburg, Pa. 17102 10# 10625 (717) 234-4583 ROY If. DIeHARD. : III 'J'U caJRr 0' COIflfOIf PUAS PlatnUtt : CUlfURLABD CCXJlft'Y. PBlllI8YlNAlfIA : v. : BO. 94-5714 . . IK1V llK3Rl lllC. and . CIVIL ACrID. - LNi . IMAY.. KRaJ'J' : DeLendant. : JURY 7.'lUAL DElfANDBD VERIFICATION I hereby verity that the statements made in the foregoing document are true and correct. I understand that false statements herein are made sUbject to the penalties of 18 Pa.e.s. Section 4904, relating to unsworn falsification to authorities. Dated:J~jJ,{ J'I( I I ?e,~ . ("", l.t"'> (~ . . f .." '," f "," .. .. , , ,,Il r ~"'J 7: (>.) , 'J (,OJ '. <'S .., - r-' !"<:l , :;. .11 ",I- 0 ~h~ " j , ~9 , , '. 'n ." ~- li.t iiih i~i'J ' s;!:I 51 . 2 .. fII~ <> , c.l...:l ...:1>- ~fII Z ZZ Oc.l ~~ ~ Z C U>- H ... ~ VI ~m~ ~ j .... .... ~z c..... c:: 0:::> a.. 0.:.... . III 0 ~ < c:: U .'tJ ~U :I:,.... z~c:: 0.: U ... U III . ....:::><11 :::>C ... H... > 0... Jl < a::> Sj ... c.la.. .0.: <II C iI'I 0.: o.:lll:C ~ =1 c.l I c.l c.l0:: ~ ... . Ut.l :I:c.l '" X zz ~al to! ....>- z~ I . >- >< 0 0 03 HU Z 0.: ZC . ::, ROY M. REICHARD, . IN THE COURT OF COMMON PLEAS . Plaintitt : CUMBERLAND COUNTY, PENNSYLVANIA . . v. . NO. 94-5714 . : NOVINGER, INC. and . CIVIL ACTION - LAW . DWAYNe KROUT Defendants . JURY TRIAL DeMANDeD . ROT ICE TO PLEAD TO THE DEFENDANT NAMED HEREIN: 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 twenty (20) days after this Complaint is 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 further notice for any money claimed in the Amended 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 ROT HAVE A LAWYER OR CARROT AFFORD ORE, GO TO OR TELEPHONE THE O....ICE SET "ORTH BELOW TO FIND OUT WHERE YOU CAB GET LEGAL HELP. eOURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6200 HOTICIA Le han demandado a usted en la corte. Si usted quire defenderse de estas demandas expuetas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la feche de la excrita 0 en persona 0 por abogado y archivar en la corte en forma excrita sus defensas 0 sus objectiones alas demande, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sua propiedades 0 otros derechos importantes para usted. " LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. S1 NO TIENE ABOGADOO SI NO T1ENE EL DINERO SUF1CIENTE DE PAGAR TAL SERV1eION, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OF1CINA CUYA DIREce10N SE PUEDECONSEGUIR ASISTENC1A LEGAL. ROY M. REICHARD, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 94-5714 . . NOVINGER, INC. and DWAYNE KROUT Defendants : CIVIL ACTION - LAW : : JURY TRIAL DEMANDED AMENDED COMPLAINT AND ROW, this ~ J day of March, 1997, comes Plaintiff, Roy M. Reichard, by his Attorney, Lawrence J. Rosen, who files the following averments in support of the within Complaint: 1. Plaintiff, Roy M. Reichard, is a forty one year old male residing at 99 Hillcrest Drive, New Cumberland, Pa, 17070. 2. Defendant, Novinger, Inc. is a Pennsylvania Corporation whose principal address is 1213 Paxton Church Road, Harrisburg, Pa. 17112. 3. Defendant, Dwayne L. Krout, is an individual residing at 757 Fireside Road, York, Pa. 17404. " '. On or about October 30, 1992, Plaintiff was on his way to work traveling north on Progress Avenue. 5. At the intersection of Progress Avenue and Linglestown Road, Plaintiff proceeded through the intersection and attempted to make a left turn onto Linglestown Road as the traffic light at the intersection was green at the time. l5. Defendant, Dwayne Krout, was traveling east on Linglestown Road at the time Plaintiff attempted to make aforesaid left turn onto Linglestown Road. 7. Defendant Dwayne Krout proceeded, against the red light, into the intersection at the time that Plaintiff was attempting to make a left turn onto Linglestown Road and struck plaintiff, causing substantial damage to Plaintiff's truck as well as serious injury to Plaintiff. 8. At the time of the accident, Defendant, Dwayne Krout, was looking away from the road in order to open his door window. 9. At the time of the accident, Defendant, Dwayne Krout, was driving a motor vehicle owned by Defendant, Novinger, Inc. 10. At the time of the accident, Defendant, Dwayne Krout, was acting within the real and/or apparent scope of his employment with, Defendant, Novinger, Inc. 11. As the direct re~ult of aforesaid accident, Plaintiff suffered serious injuries including but not limited to cervical and lumbar trauma, contusions to his hip and thumb and bruises to his forehead as the result of his forehead striking the windshield upon impact. 1~. Plaintiff was treated for aforesaid injuries and all of his injuries have resolved with the exception of the problems relating to the cervical trauma. 13. Plaintiff continues to suffer from chronic neck pain, right shoulder pain and right arm pain, tingling and numbness all of which symptoms were caused by aforesaid accident. 16. Prior to aforesaid accident, Plaintiff, had been employed for more than fifteen years as a surveyor. 15. At the time of the accident, Plaintiff had been employed, in a temporary position, as a construction inspector. 16. It was plaintiff's intention to return to his profession as a surveyor upon the termination of aforesaid temporary position. 17. The day of the accident was Plaintiff's last day on the job. 18. As a direct and proximate result of the injuries suffered by Plaintiff, he is no longer able to work as a surveyor as he is no longer physically able to perform the strenuous tasks required by that profession. 19. As a direct and proximate result of the injuries suffered by Plaintiff, his future earning capacity has been substantially diminished by his inability to work as a surveyor. ~O. The injuries suffered by Plaintiff are permanent and will preclude him from ever again working as a surveyor. ~1. As a direct and proximate result of the injuries suffered by Plaintiff he has suffered a substantial loss of future income. ~~. As a direct and proximate result of the injuries suffered by Plaintiff, he has suffered and will continue to suffer pain and suffering for the remainder of his life. 23. As a direct and proximate result of the injuries suffered by plaintiff, he is unable and will continue to be unable for the remainder of his life to enjoy life's pleasures without suffering physical pain. 2&. As a direct and proximate result of the injuries suffered by plaintiff, he has been forced to make substantial expenditures for medical care. 25. As a direct and proximate result of the injuries suffered by Plaintiff, he will be forced to make substantial expenditures in the future for the treatment of said injuries. COURT I.- NEGLIGENCE - DWAYRE KROUT 26. Paragraphs one through twenty five are incorporated as if fully set forth herein. 27. Defendant, Dwayne Krout was negligent in entering the intersection of Progresll Avenue and Linglestown Road against a red light. 28. Defendant, Dwayne Krout was negligent in operating his vehicle at an speed in excess of the posted speed limit. 29. As the direct result of Defendant, Dwayne Krout's negligence, the vehicle driven by him struck Plaintiff's vehicle in the intersection of Progress Avenue and Linglestown Road. 30. As the direct result of Defendant, Dwayne Krout's, negligence, Plaintiff has suffered substantial damages including medical expenses both past and future, pain and suffering both past and future, loss of future income and loss of life's pleasures both past and future. HHBRZFORE, Plaintiff demands judgment against Defendant, Dwayne Krout, in excess of thirty five thousand dollars plus costs and interest. COURT II. REGLIGENCE - ROVIRGER. IRC. 31. Paragraphs one through thirty are incorporated as if fully set forth herein. 32. At all times pertinent hereto, Defendant Dwayne Krout was an employee of Defendant, Novinger, Inc. 33. Defendant, Dwayne Krout, was driving a vehicle owned by Defendant, Novinger, Inc. at the time of the subject accident. 34. At all times pertinent hereto, Defendant, Dwayne Krout, was acting within the scope of his authority as an employee/agent of Defendant, Novinger, Inc. and was acting to advance the interests of his employer. 35. Any and all negligent acts of Defendant, Dwayne Krout, relative to the instant matter are attributable to Defendant, Novinger, Inc. as said negligent acts were done within the scope of Defendant, Dwayne Krout's status as an employee of Defendant, Novinger, Inc. and therefore, the doctrine of Respondeat Superior applies. ROY M. REICHARD, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 94-5714 . . NOVINGER, INC. and DWAYNE KROUT Defendants : CIVIL ACTION - LAW . . : JURY TRIAL DEMANDeD CERTIFICATE OF SERVICE AJID NOW, this :ll day of /itt~ , 1997, I, Lawrence J. Rosen, Esquire, hereby certify that a copy of the foregoing Complaint was served by the Sheriff on the following: NOVIRGER, INC 1213 PAXTOR CHURCH ROAD HARRISBURG, PA 11112 DWAYNE KROUT 1213 PAXTON CHURCH ROAD HARRISBURG, PA 11112 ~2 A renc . Rosell:, Esquire 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 ." .,.. 07:. " c: , , ,- II ~ <'J ( r I j S'. t:, C. I' e. j ';.'.... .' ~ ., r~ U en '.' L :i-- ~ t; ~ ~ ~ .. ~ II~;; ~l~~~ ~ ~ ~ ~ Q ~ THOMAS. THOMAS. HAFER 'Yo' ..i.ffr.'! B. If.trig~ E!quire iDDIr"tcAf10101(J.; 19616 JVcI NtIIth ".", Sltwt ,..o...,:U.t ~.AlA 111Of..osn /111/1'.''''' A"""",~ for De_' v. IN THE COURT OF COMMON PLEAS CUMBERLAND CO. . PENNSYLVANIA CML ACTION - LAW ROY M. REICHARD. Plaintiff. NOVINGER. INC. and DWAYNE L. KROUT . Defendants. NO, 94-5714 Civil Term NOTICE TO PLEAD TO: Plaintiffs and their counsel, YOU ARE HEREBY NOTIFIED TO FILE A WRITIEN RESPONSE TO TIlE ENCLOSED NEW MA TIER WITHIN TWENTY (20) DAYS OF SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. THOMAS, THOMAS" HAFER DATE: May 10, 1997 '-'\ J' , ' , ,/1 r / .t'::Ct{<--" Ie B. Rettig. 1;&' ire -l.p. #19616 " P.O. Box 999 305 North Front Street Harrisburg. PA 17108-0999 (717) 25~-76)9 Attorneys for Defendant THOMAS, THOMAS" HAFER .....; J.ffrey 8. Rettif/; EJquir. IDlIflIHCArIONItO.: 19616 ,JOOiNtxtit""*"s,,.. '.0.... III ~'A ,1INOJtJ ("'111,,"J. Attorn..,.. fot O.fend.", v. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION - LAW ROY M. REICHARD, Plaintiff, NOVINGER, INC. and DWAYNE L. KROUT, Defendants. NO. 94-5714 Civil Term DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WlTti NEW MA TUR AND NOW, come the Defendants, by their attorneys, Thomas, Thomas & Hafer, and answer Plaintiff's Complaint as follows: 1. It is admitted that the Plaintiff is who he says he is. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof Is demanded. 2.-3. Admitted. 4. It is admitted that on or about October 30, 1992, Plaintiff was traveling In a northerly direction on Progress Avenue. As to the balance of the allegations of this paragraph, after reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. 5.-6, Admitted, 7. It is admitted that Defendant, Dwayne Krout, proceeded into the intersection on a red light 11 is admitted that impact occurred between the vehicle operated by Mr. Krout and the vehicle operated by Plaintiff, As to the balance of the allegations of this paragraph, after reasonable Investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded, 8.-10, Admitted, 11.-25. Denied. After reasonable investigation. Defendants are without knowledge or information sufficient to form a beliof as to the truth of these allegations and proof thereof is demanded. Count I Neallaence . Dwayne Krout 26. The answers to Paragraphs 1 through 25 above are incorporated herein by reference thereto. 27.-29, Denied pursuant to Pa, R.C.P, 1029. 30, Denied. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of these allegations and proof thereof is demanded. WHEREFORE. Defendant requests that Count I of Plaintiffs Complaint be dismissed without cost to it. Count II Neallaence . Novlnaer. Inc. 31. The answers to Paragraphs 1 through 30 above are incorporated herein by reference thereto. .':.. 32-34, 35.-36, Admitted. Denied pursuant to Pa, RC,P. 1029. WHEREFORE, Defendants request that Count II of Plaintiff. Compl.lnt be dismissed without cost to it. NEW M~ TTER 37, Plaintiffs claims are subject to the provlslona of the Pennaylvanl. Financial Responsibility Act, the limitations of which sra Incorporated herein by r.ter.nce thereto. 38, Plaintiffs Complaint fails to state a claim upon which relief can be granted against Defendant Novinger, Inc. WHEREFORE, Defendants request that Plaintiffs Complaint be diamiaaed wlth"ut cost to them. __lflIIIoI'-, ~ 1HOIIA.. HARIt DA n: MII,10, 'N7 , , 1 " I (t~:~~;.~:~~i;.1~ 305 North Front Street P.O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7639 Attorneys for Defendant REICHARD v, NOVINGER, INC. VERIFICATION I, DIANE SHUTT. hereby certify that 1 am familiar with the facts and allegations set forth In the foregoing DEFENDANTS' ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER. 1 have read the foregoing document and hereby affirm that it is true and correct to the bsst of my personal knowlsdge. information and belief. This Verification is made pursuant to 18 Pa.C.S. !4904 relating to unsworn falsification to authorities. By: (i2//l'J" ' ,JL,4I Oians Shun CERTIFICATE OF SERVICE I. JEFFREY B. RETflO. ESQUIRE, hereby certify thaI I have served a true and correct copy of the foregoing Defendants' Answer 10 Plaintiffs Complaint With New Matter on the following person(s) by placing same in the United States mail, postage prepaid, on the 20th day of May, 1997: Larry Rosen, Esquire 1101 North Front Street Harrisburg. PA 17102 THOMAS, THOMAS &: HAFER -."-'''', . 'J '?f2 / . / i: ,( #<:: \../ i \. By: / J l., pt).~(;t.I" I /Jeffrey B. Rettig, tfire ./ ' ... ~ J= r C!s:.S' :111;z a ;. I i ~.!~ !~iJ 2 ' " -..' f.'-' -; ,...: .-, .....~..,- '-i (- ~ ' "\" c.::l,:: >-- r" ,... .. N "- 0.>.- , '-l -,' r:L ...... (,,; .~ r- .::p iC_ ,- :!1 6 l~_ () ...:I < .... 0:: ~ .... z 111< <> t.l...:l ...:1>- a..f11 z zz Oc.l ~~ u>< E-o ~z o=> o [. U 0:: :::>0 oz u< ...:I c.l0:: :I:c.l ~1Il z~ HU . o 0:: 2 c.l fII < U t:1 Z .... ~ fII H ...:I 0:: 2 Q ~ ~ ..... Q.... O::~ <z :I:H ~j t.la.. 0:: li ~I~ .o~zg" 1<~::> ...51 Ii i . > ~ ~ . 0 U .z Z~t.l H:::>.... Oc.l .0:: Q 0:::': c.l Uc.l zz ....:>< >< 03 ... ... ... iI'I I ... '" c.l a.. H U ~ 0:: . x :>< o ROY M. REICHARD, PLAINTIFF #21 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NOVINGER, INC., and DWAYNE L. KROUT, DEFENDANTS 94-5714 CIVIL TERM PRETRIAL CONFERENCE AND NOW, this 2200 day of October, 1997, upon the motion of defendant for a continuance, opposed by plaintiff, the motion IS GRANTED. Either party may list the case for the next trial term and the case will not thereafter be continued. Edgar B, Bayley, J, Lawrence J. Rosen, Esquire For Plaintiff / Jeffrey B, Rettig, Esquire For Defenciant _ ~~..., r"'-<~..t j 0/ :.J.. 1./ (VI. ~ -t>, Court Administrator :saa