HomeMy WebLinkAbout94-06855
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3. As a result of Baid fall, the minor Plaintiff, Ashley L.
Miller, Buffered from infraorbital ecchymosis and diBcoloration in
ths area of her eyeB and forehead.
4. The Plaintiff, ABhley L. Miller, was treated by several
medical doctors and haB now healed except for pigmentation from
residual hemoxidized iron from the hemoglobin. (See copies of
medical reporte of Samir J. Srouji, M.D. and Mark H. HaBse1, M.D,
affixed hereto and marked ExhibitB "A" and "B",)
5. Pursuant to a policy of insurance of the Defendants, Scott
Wetzel Services, Inc. haB or will pay all outstanding medical billB
rendered for medical treatment to the minor Plaintiff, Ashley L.
Miller.
6. Because of the condition in the Hess's Department Store at
the time of the accident, Scott Wetzel Services, Inc. has agreed to
settle or compromiBe this claim for a total amount of $8,500.00,
plus $274.00 in payment of medical Bervices rendered to the minor
Plaintiff, Ashley L. Miller, (See copy of letter from Scott Wetzel
Services, Inc. dated November 28, 1994, affixed hereto and marked
Exhibit "C".)
7. Your Petitioners believe and therefore aver that said
eettlement offer is fair and reaBonable.
8. The PetitionerB have a Contingent Fee Agreement with the
Law Firm of Dile & Dixon ior attorney'B fees for repreBentation.
2
Said Agreement calls for the payment of 25% of any amount received
prior to the commencement of suit.
(See copy of Fee Agreement
affixed hereto and marked Exhibit "D".)
9. Your PetitionerB pray this Honorable Court iSBue and
approve the following distribution I
Gross Amount of Settlement $8,774.00
AttorneY'B Fees (25% of $8,500) $2,125,00
ReimburBement of Coats
to Dils & Dixon -
Prothonotary $ 45.50
Payment to Cathy D. Miller
for reimburBement of
medical expenBes paid $ 274.00
Payment to be deposited in
an interest bearing account
on behalf of ABhley L. Miller
with the following reBtrictive
endorsement I "Not to be
withdrawn until AUgUBt 15,
2005, or by prior Order of
Court." $6,329.50
WHEREFORE, your Petitioners pray thie Honorable Court for the
following Order!
A. Approving of the Bott1ement in the amount
$8,774.00;
B. Authorizing payment to DilB & Dixon in
the amount of $2,125.00 for fees;
C. Authorizing payment to DilB & Dixon in
the amount of $45.50 for reimbursement
of COBts;
D. Authorizing payment to Cathy D. Miller
in the amount of $274.00 for reimbursement
of medical expenses paid;
E. Authorizing payment to any banking
inBtitution on behalf of ABhley L. Miller
the Bum of $6,329.50 with the account to
3
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MARK ..., HASSEL, M.D.
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:!30 11Brrlaburg Avenue, Bulle 4
LB""...ln" Penn.ylvenlB 171103
(717) 399.9800
Dlploma.e. Am.rlcan Bo.rd of Permslolnov
Mohe Mlorographlc Suro.ry for Skin CAnr.4r
La..r Suroery
O.rmatoloolo Suro.ry
June 30, 1994
oeorge H. Harhigh, D.O.
28 South 38th Street
Camp Hill, PA 17011
RBI ASHLEY HILLER
OOBI 08/15/87
Dear Dr. Harhighl
This is a letter concerning your patient Ashley Hiller who had an
accident on Harch 12, 1993, where she fail and Buffered periorbital
ecchymosis. I have been asked to see Ashley to provide additional
therapeutic suggestions. Fortunately, most of Ashley's ecchymosis have
sponteneously re.olved. There is no scarring present, ~here is no
textural change of the skin or telangiectasia. There appears to be
faint be.osiderin deposits in the malar eminsnce, both right and left,
with the left being slightly mora affected. The mother was concerned
about circles under Ashley's eyes. Ashley's mother felt that these were
aore accentuated since the accident, e.pecially when Ashley is tired.
The mother tells me that she has circles under her own eyes as well.
On my exam, the circles under the ey.. appear to be a normal variant.
~ bave no objective means to compare the way these circles looked prior
\0 tbe accident,
I believe the hemosiderin deposits from the ecchymosis should
spontaneously resolve. Ashley is fortunate that she has no fibrcsis or
scarring of the skin. I have reassured the mother that the circles
under Ashley'. eyes fall within the range of normal, at least vith
clinical appearance. There is no way for me to tell whether or not they
will get worse or better with time. occasionally, flash lamp pumped
pulsed dye laser photocoagulation has been utilized to treat circles
under the eyes because it has been felt that this ie a vascular
phencmena. The results of this treatment have been variable and
difficult to predict. For this reason, no treatment is recommended.
Simple watchful waiting should be adequate.
Plea.e call me if you have any questions. Thank you for allowing me to
participate in the care of this delightful youngster,
sincerely,
jfi4.L '~I:/i" \,
Hark H. Hassel, H.D.
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HllH Iftlhk
cc: Scott Wenzel Services, Ino.
EXHIBIT "B"
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11/28/1994 11:48 +
JEAII CHIlI 11 sfis
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EXHIBIT "C"
.'
.
ROLLIN W. MILLER AND
CATHY D. MILLER, Parents
and Natural Guardians of
ASHLEY L. MILLER, a minor
PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
V.
HESS'S DEPARTMENT STORE
and CROWN AMERICAN,
DEFENDANTS
94-6855 CIVIL TERM
ORDER OF COURT
AND NOW, this 20th day of December, 1994, upon consideration of the within
petition, IT IS ORDERED:
(1) Settlement of the within action for $8,774.00, IS APPROVED;
(2) Payment of attorney fees to Dlls & Dixon In the amount of $2,125,00, IS
APPROVED;
(3) Payment to Dlls & Dixon of $45.50 for reimbursement of costs, IS
APPROVED;
(4) Payment to Cathy D. Miller of $274.00 for reimbursement of medical
expenses she paid, IS APPROVEDj
(5) The net recovery of $6,329.50 shall be placed In a federally Insured
account, at the highest Interest rate available, In the Mechanlcsburg Office of York
Federal Savings and Loan Association, In the name of Ashley L Miller, born
August 15, 1987. The account will contain a provision that: NO WITHDRAWAL CAN
BE MADE UNTIL THE MINOR ATTAINS HER MAJORITY EXCEPT AS AUTHORIZED
BY A PRIOR ORDER OF A COURT OF COMPETENT JURISDICTION,