Loading...
HomeMy WebLinkAbout94-07222 " , ' ',I 'I I,i,': ,'),1' 'I 1 11" ;1.,1' ,I iI I'j-' "','-";' ,,' " " ',' I',' 'I. ',.,-;11 ,,, -',;1,,'1 ' ,_;_ Ii '_ T I '+1,'1,." I \ l I I, '1-" )L'! "1" ,,' Ii ? i '-ht .'," II' t I' j" " /I ,,' ',' " , " \",1' II /,1 -j , ;-, 'f-' , , " \;,1 'I '; ,I II I' "1 " 'j' ~ ] ~ '::L. , " " !i1'1-' " I: ''j' "" 1(, I' 1'-, " II I, II' ,. t., '-,f ,( ,'1 , , , , I"'" ,ii' ", !I" , 1 , '." ", , " ," ,', , I, ~ I d " ',' , " 1,1,. , , ',': , , , , , " f: ~ j " jt " " 1" , ",,, I;' " " , , 'lI, " It" '\;,-;" :,., , , , ,. -d, 'Lt , lnf I'~ ~. r6 C- .. " ,',' /1' , , , " '!I, ",' " 'I' , ' 'd /) I:!;; .., " " , '[, " " " " , " .,-, ,. , , ,. " , ~ j " " ,)"..! " L' ;'" ';'1$1 ,ll;, 1"_;"'/'\'\_ j, d~:(,.'\ I ,. ~ III 't/(~ "'~'-'~\; "l~~'~ 'f'--' -4~W\ ,I I ",/' , I, -1'1 , 1< , , ."./' I" "\,T~ ;11 ,t,I.. '1,:\ , -,;-~ '" 'I 1";\:-' " .., ,;1", , " I , '1,' " Ii. " ,,',1, 'I, I" 1 ;'J ,,' , " ~ ';', \, , I !~\i ,)'1\ '." " >J ,) " , ,'\,-, I; rl , " 1\' " ",J ;', , I'" 't, '1 ',~ , (I '," ,~J ,I' , ,,,' <1,1, I ,j' " , " ! ~, :;ti~ 'icfl!~ ..1- ,~ \, " ","-,\ " '\ "{ t\, .'.1 ,(; , , d' ; I " " " ';' ., I' II' i " .'1; ')' li;I'1 , " , , , ',1) \1" ,;,j ':-=/, r/, li'il I; i,1 iI " ',I' , '!i, 'I' "11 ,I' ., , ,! '/". " I j,' , ,l "I ,I I , I"~ 11 ;, I.,j , , I"~ ,I,), , , 'i " ., , " 'I , , , Ii , I" \Ii' ", " " ' '1'1 )'/I! I. ,1.'>1 , ,I '1 " , 'Ii , " _,' ;1, " " '~j '\ , " ,JI II' " >, " , , ',' /' j',. ;' ., , ',' ,. 1"1 ,1,/ , ., 'I tl 1,\ I " , " " " , ')1' ,I, '\' I, " " ):1 " " " , " ','I' ,', " , ,-,I I' ,: " I"~ "I' " " " .:i;';:I. i" ',;, ~ ; . ;"" './ _j ',I' il't , ',; , , ,. , ' 1"':1 .', 'I" , I: 'I' " ,i'I' . ",.\ , , , , " , , , , , '" fI ~~ , , ,. 'i ~ ?Jt;;:.)~ , ,.!R,. l!S ' ' rl"'" It: 1:>"' '~.-l'1.;j 0') , ! ';)~. in , ,I " UI~: _,.~ .. ..J',l'I.'J.; , /1#'''''1,10/ :::l '. 'l:fi..\.. .' ~ ,.....81 , " !Lj <> " , , , " 'I ". ,I 'I I I i , Ii 'i I, , iJ , 'I .1 , ;', , .. , , I, " , " ;1 " " I , " ", " d !i , " , I :1 I,; , '1 , , I Ii! ., " I , , '" i , , , " , ; " " , " , 1,i , , , , , " i Ii; , I " I " "', " I , ,I,. , 'I , " " 'J, " I ',,'I i I , , .1/ , , " , , " ,,' 'I' " I " , , I ~ , " , , " I I, , , , '" , iI 'I' 'I, i,' , .', , , I' ,I, ", 'i ., , I , " ", , " I , I," i' " , , , " , Compllint 1. The plaintiffs, Julie Krelzlng and George Kretzlng, are adult Individuals residing at 633 South Bedford Stre~t, Carlisle, Cumberland County, Pennsylvania. . 2. At all times relevant hereto, the defendant, WlIlIam J, West, is an adult Individual and a physician engaged In the practice of medicine, with a place of business at Belvedere Medical C~nter, 850 Walnut Bottom Road, Carlisle, Cumbedand County, Pennsylvania. 3. At all times relevant hereto, Julie Kretzlng and George Kretzing were husband and wife. 4. On January 5, 1993, at approximately 11:00 PM, the plaintiff, Julie Kretzing, called Dr, West to Inform him that her water had broken, Dr. West Inquired how much water and Ms, Kretzing stated It was a lot. He then informed her to walt 5 hours before coming to the hospital. 5. On or about January 6, 1993, the plaintiff, Julie Kretzing, underwent a cesarean section operation at the Carlisle Hospital, with the defendant performing said operation, Count 1 . Negligence 6. The allegations in paragraphs 1 through 5 are incorporated herein and reference is made thereto as if fully set forth at length, 7. As a direct and proximate result of the ne~lIgence of the defendant, and through no fault of her own, the plaintiff suffered Injury. 8. The defendant may have been negligent in the following respects; a, In not properly performing the cesarean section procedure, b, In causing the laceration of the uterus. c. In falling to correctly repair said laceration in that the uterer of the plaintiff was stitched shut obstructing the flow of urine from the kidney to the bladder, d. In failing to fully and completely advise plaintiff, and obtain consent therefor, on the serious nature of the proposed surgical' procedures to be performed, and that the plaintiff may suffer severe and permanent Injury as the result of the operation. A reasonable medical practitioner of the same school practicing In the accuracy or inaccuracy of the corresponding averments of Plaintiff's complaint and the same is accordingly denied. 5. Admitted. 6. Dr. West herein incorporates by reference answers contained in Paragraphs 1-5 above as though the same were fully set forth herein at length. 7. Denied. It is specifically denied that Dr. West was negligent or otherwise fell below the applicable standard of care. It is specifically denied that the Plaintiff suffered permanent injury as a result of Dr. West's conduct. 8. Denied. It is specifically denied that Dr. West was negligent with respect to subparagraphs (a-d). Dr. West is advised by counsel and therefore avers that the corresponding allegations of Plaintiff's Complaint are deemed to be denied by operation of Pa, R.C.P. 1029(e) and that no further answer is re~ired. 9-12. Denied. It is specifically denied that Dr. West was negligent or that his conduct caused or contributed a permanent injury to Plaintiff. It is not denied that as a result of suturing the uterus it is probable that the distal left ureter was caught in a loop of absorbable suture. It is specifically denied that this occurred as a result of negligence. It is specifically denied that Plaintiff has suffered permanent injury as a result of the conduct of Dr. West. - 2 - WHBRBPORB, William J. West, M.D. demands judgment in his favor and against Plaintiff. CoaHT 2 . RaS IPSA LOQUITOR 13. Dr. West herein incorporates by reference the anRwers contained in Paragraphs 1-12 above as though the same are fully set torth herein at length. 14. Denied. It is specifically denied that Dr. West was in the exclusive control of the operating room. It is not denied that Dr. West was in the exclusive control of the surgical field. It is specifically denied that Dr. West controlled, or had the right to control the nurses other than their participation in the surgical field. It is specifically denied that the doctrine of res ipsa loquitor applies to this case. There was an inadvertent tear of the uterus approaching the cervix which bled and required suturing. Under the circumstances, the left posterolateral ureter was blind and Dr. West did not know, and with the exercise of reasonable care could not have discovered, that the left ureter was entrapped in a loop of absorbable suture. By way of further answer this is not the kind of sequelae which occurs in the absence of negligence. WHBRBFORB, William J. West, M.D. demands judgment in his favor against Plaintiff. - 3 - comrr 3 - BA'l"l'IlRY 15. Answers contained in Paragraphs 1 . 14 above arc herein incorporated by reference as though fully set forth at length. By way of further answer, Wife Plaintiff specifically consented to the performance of a cesarean section after having been apprised of the risks and complications which a reasonably prudent patient would want to be informed of under like circumstances. WHBRBFORE, William J. West, M.D. demands judgment in hi. favor against Plaintiff. comrr . . CONSORTItDI .16. Dr. West herein incorporates by reference answers contained in Paragraphs 1-15 above as though the same were fully set forth herein at length. 17. Denied. After reasonable investigation Dr. West does not have sufficient information to form a belief as to the accuracy or inaccuracy of the averments contained in Paragraph 17 of Plaintiff's Complaint and the same are accordingly denied. WHBRBFORB, William J. West, M.D. demands judgment in his favor against Plaintiff. - 4 - ~BW MATTBR 18. Pacts set forth in the foregoing answers to Plaintiffs' Complaint are incorporated herein by reference as though fully Bet forth at length. 19. At no time relevant hereto was Dr. West an agent, servant, employee or otherwise acting for or on behalf of any other Defendant in this action or any other natural person, partnership, corporation or other legal entity. 20. At no time relevant hereto was any other natural person, partnership, corporation or. other legal entity acting or serving as an agent, servant, employee or otherwise for or on behalf of Dr. West. 21. At all times relevant hereto Dr. West complied with the applicable standard of care. 22. At all times relevant hereto Dr. West acted within and followed the precepts of a respected school of thought and, accordingly, his professional conduct was fully commensurate with the applicable standard of care. It is not denied that there may be two or more schools of thought applicable to the issues presented with respect to the treatment of Julie Kretzing. 23. Wife Plaintiff assumed the risk of her injuries and this action is therefore barred. by the Doctrine of Assumption of Risk. - 5 - 24. Dr. West believes and therefore avers that evidence accumulated at ~iscovery and provided at trial may establish Plaintiffs were contributorily or comparatively negligent, and in order to protect the record, Dr. West hereby pleads contributory and comparative negligence as an affirmative defense. 25. Dr. West is entitled to contribution in accordance with the pennsylvania Comparative Negligence Act, 42 P.S. 57102. 26. In the event that it is determined that Dr. West was negligent with regard to any of the allegations contained in, and with respect to Plaintiffs' Complaint, said allegations being specifically denied, said negligence was superseded by the intervening negligent acts of other persons, parties and/or organizations other than Defendant and over whom said Defendant had no control, right or responsibility and, therefore, Dr. West is not liable. 27. At all times relevant hereto, Dr. West was a competent and qualified physician acting in compliance with the applicable standard of care. 28. To the extent that the evidence may show that other persons, partnerships, corporations or other legal entities caused or contributed to the injuries or exacerbation of the pre- existing condition of Wife Plaintiff, then the conduct of the Defendant was not the proximate cause of such conditions or injuries. .6- 29. Any acts or omissions of Defendant alleged to constitute negligence were not substantial contributing factors and the injuries and damages alleged in Plaintiffs' Complaint. 30. Whatever injuries and damages, if any, were sustained by Plaintiffs as averred in Plaintiffs' Complaint, ware caused in whole or in part by persons or entities over whom Defendant had no duty to supervise or control, then Defendant is not liable, and Plaintiffs may not recover against him. 31. Plaintiffs' injuries and losses, if any, were not caused by the conduct or negligence of Defendant but rather were caused by pre-existing medical conditions and causes beyond the control of Defendant, Plaintiffs may not recover against him. 32. The acts or omissions of others, and not Defendant, constituted intervening and/or superseding causes of the injuries and/or damages alleged to have been sustained by Plaintiffs and Defendant cannot, therefore, pursuant to Pennsylvania law, be held liable for the alleged injuries to Plaintiffs. 33. Plaintiffs were advised of the alternatives to surgery, the nature of the proposed procedure, and the risks and complications that a reasonable patient would consider to be material to the decision of whether or not to undergo the procedure, and Plaintiffs willingly and knowingly consented to the pr.ocedure. - 7 - " " , " , II , , , , " , , , , " ,,' q "; , , " ,-., " , " " , , " " '" '''-' N JG , !R e r.: ~ )10' " :1r. 1.1"':"":' ul~)"..'~1 ,_,;.rr 1,/" I' . ...l~""'! I; :~. ~: J~' :; ,,',t;:.,:', ',.-.f .: ;,11\,",'-' .\ .,1",'" i: I'"," .- " , , , , " il, ," " , " .1" ;1(.1 " " I; ( , , 1,1 " " , " " , , " II, ~ \ , 1'/ .,J , , ': ., ,t1 'I,ll Ii <i " " "I '\;. " " , I, I , , , " i,1 ,. , ' , '1'/ i! " " , , " " -,1',1 ,. \1",1 , "I " " 'I' " J,,'" ,/ " ii,' -i ,II}! ,', 1,)1, " I q' , r,' " , II , " , " , , , ,', " ., " " , ., 'i " " I ~ ., ',' , , , " I" " ' I' _.1 Il, , ,"! , j '~, , " , 'I I I ! I :' ,. " jl I"" , ' d , , " , , ' '! II ," " , , , " 'II ,I'i , , ',' " ;'i " , ., , " I' ", " " ,;" , ", " " " , , " " " " " "ll ,i " " , , " " " , '.il \11 ;r.: ". ~~' ~,.,I'~ '1 .~, _.., '.1 ~, ~'i,j ~ ~~ :~:. " , ," ,f i " , '" , " '-'1'(; " ',It I L' 1,1" , , , " " \.' lR . , , ',. c:> ...!If' ('-J en I,,', . , ,!t:.i'l ''''I:' 1:'-"1",, f'i-J ~~i I~" '-,' " , ')' I"~ , , I' I' I ;J '. jl, i' ~' '1t;W..: ',,',1 , ",'1 " , , " " " I I, ,I I, " '1, "', " " I, , , " , , , , " , I,,' /1" " , ,1,'1 i' ',i " , " " " , , " ,,' I" '1,"1) 1" , ,', " :, , , , I", " " " , ,'I, " , , , " , ., , , , I .' " , 1 Ll " " '. 1,.11" , ",I .1, '.'ql , , " 'I, ,I ,II F,', I' I 'oj " ;' i, ,I :, , " i I " , ',' , ~ .' " " 1'1 , " . .. -, .- .. JULIE KRBTZING and GEORGE KRETztNG V. , . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 94-7222 CIVIL TERM JURY TRIAL DEMANDED WILLlAMJ. WEST,M.D. ~PLY 19. Admitted. 20. Denied. All persons present In the operating room were under the direction of Dr. West. 21. Denied. herein. The allegations of the complaint are incorporated 22. Denied. The conduct of Dr, West was not commensurate with the appllcable standard of care, and "the two schools of thought" 18 not an applicable defense In this matter. 23. Denied, The plaintiff had no Idea what Dr. West was going to do with respect to the actual conduct of the Caesarean section itself, and, therefore, could not have the requisite knowledge to assume the risk. ' 24. Denied. 25. . Denied. 26. Denied. 27. Denied. 28. Denied, ' 29. Denied. 30. Denied. "I' 31. Denied. 32; Denied. 33. Denied. ,,' .. . 34. Ie 35. nec:esaary. Denied, as legal conclusions to which no response Is DOUGLAS, DOUGLAS Ie DOUGLAS , ~~~ By Attorney for Plaintiff " , " , , , /, , , I , ./ '1 ,/ /, '" , , , " " , " ." ,I' ,I 1,;1 , , " , , " i, I , , " " " , " -:r' en Qj , :I.: 0,. ch '? -:r t;'r'~ ,-"1 '"' dll " " '-,J- ..rr.... -t. _/ " ". '..-..t' '. , \ , J. ~ '..1 " , " , , .' , , " " " , , N -.' ,.' ,\<S ~ " \f::) ~' , ~ , , 'j!," , , " 01, ": ~ V? ~ I I - ~ , '" ,', ~ ~ '/"0.., ...... ... ,~ ...::r ~4 ~ ~..~ ~ ~ ~ '" " "', , , ., " n. " I', " ,F; " " , , " " , " I, " , , " I" '",I " " ., , " " ,I' " , , ," " , " " . ,'i ',' '. , . .-. YOU .ul "uny 1U0U.lltO TO riLl A WIIlITTfH IIU,ONU ,0 'HI': fNClOUO . WITHIN ,..nUllO) DAYS rllOllllSUVlCl Ht lila' 011I A JUDGMl~' Jill...., U UUlnlO AUA1HISf YOU. n ATTOlllNey , ' , , " I, .' DOUG~AS, DOUG~AS & DOUG~A5 WI DO HUUY Cla:l;1: 1HAl THI WITHIN II A nUl AND c.....'tlCfc.o" 0' TNI O"IQIHAL "UD IN THIS Ac..TIOH, .., .....---.-- ATTOfH~lYlS /'oT L,,"W . l~/t !l1d'l. &1111." ,.011')'" CARLISLE. PENNSYLVANIA 1101)'Olel ATTOAHU "J ,'i , , I, I' , 1'/ ,i' /i' , , , , ,; , , " "1; I' " , , I' " , I , I I I I , " i" ,I , I , , , I I I I I , , ,I " ,f' I I " " ., I , , " I, I, " ,; '" ~~ "'II " " ,<,'Jt' ~r, ;10, , ! " " I' ," II !FC :e "'"' .~ ~. ') " , I:~;'" .,t. ,-'- ";',,", "': ~:~, :1 ~ El- Ii ,~ on, :.; " ...,; -~ ' ! I" .., ('.., .,' il' " :!\t> 11 , _,I, " 'J, , J, " , Lj ,!: " .I , , 1 , " " ~ I i , ..' ',i ,I, :,\ , ", " " " " " ']1 " , 1/. I, " i' 'i,,1I " 'f 1'1'1 , , " ,', , , -, " , , I" , " "I , '. " , 'I' , I' I I,' Ii " , 1.'1 , 'I ',' I,i " , 1(' , , , , , " , , 'i ,I " . " " Ii , ',tl ,," ;,;'.:l i I '1\ , I ,I I I' ,. '-i/ , , " " , , jI \t ,-:.' ,'! ,_L . Iii' 'II-j,'l'-' " , " 1,'/ I , , , , I II, ,I " ',"ii. '" ";.1 I,d '" , " , , , , 'i' I I , , "; '. , ',t', , ,I "I 'i " " , ,,' I i' , , '" :.. .,'1 ,I ';1 ,,' .'i " I: , ..1 "1,'1"'\,' jl' -, rl ,II " II' , I " I, , , " " , Ji , , ,II " " , " " ,1,'1'\ ,t , , '" "! , , , , I, " "I " " I , I I', I , " I, I"; ',1\ " "I I , 'I ., , , , " " " , , , , " " " I , , , , " , , , I, !,'o ;! 1'1 'I " , , ,'.1 , ,,' i' " " ,.; !." , , iJ'..- Ii:' ~;, ::r:' ..t ',~ /J; ,,'.,..... (,:"', " , I1l , , N :f .' , , .. (") " r-- ' ~ I~ ~ " " il i' I, " " , " , , , , I I' I, 'I -', ,I i"I' " i;\ .'1 (I '" !, " ", I I , , ", i',l" ',1 " " , j II , I' 'I 11 '," ,I " , I,' , '!'! " I' , , ,i' ,I ,:J ,'il '; jil " d ,,', I' ('" :,' F,lf',I,:' (', 'I~ ;CI~ iLC 1:',1 ,- :J,'.;rt 99 Ot~T 7G Yi121 :19 , ClJ,II,'II:l"I' ::",! ('I"lJi"/lY , I' . 'r ~." ~ ,.~. .... ..1 I I PI~f"ii'.!GYl: /l\t !!,~ i 'j" ' " I I j1 " I i, , ; I I" I II I" I i I q I I I, I I ", , I li, " .! 'I I '., !( I , 'I J', " , " '1 ',' 1;, !; I'i d " ,.1 ,II 'I.,' " I I' " .. 'I', " I 'j I I I', i' " 'g.} I' Idf ill I" I 'I " , , " I, 'I , 'I , I I, ,. I , " I ii' I I I I 1'1 I' '\ :1 ,I I , , I' ... .. . '. . S, WALTIR FOULXROD, III, ISgUIRI Pa, Supreme Court I,D, No. 01982 S, WALTlR POULKROD, IV, ISgUIRI Pa, Supreme Court I,D, No, 65207 ~RlW H. FOULKROD, ISgUIRI Pa, Supreme Court I,D, No, 77394 S, WALTIR FOULKROD, III & ASSOCIATIS 2215 For.at Hilla Drive - Suite 35 Poat Office Box 6600 Harrieburg, pennar1vania 17112-0600 Telephone: [717 541-0400 Fax: [7171 541-1727 JULIE KRETZING and GEORGE KRETZING, W/H, Plaintiffs, Attorney. for: WILLIAM J. waST. M.D. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 94-7222 v. WILLIAM J. WEST, M.D., Defendant. JURY TRIAL DEMANDED MOTION OF DEFENDANT, WILLIAM J. WEST, M.D. TO COMPEL PLAINTIFFS' ANSWERS AND RESPONSES TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS SPECIFICALLY REGARDING EXPERT WITNESS TESTIMONY AND NOW comes Defendant, William J. West, M.D. ("Dr. West"), by and through his counsel, S. Walter Foulkrod, III & Associates, and moves to compel Plaintiffs I answers to interrogatories and responses to request for production of documents and asserts the following reasons therefor: 1. On December 27, 1994, this medical professional liabi.lity action was instituted by Writ of Summons. 2. On January 30, 1995, Dr. West served upon Plaintiffs interrogatories and a request for production of documents. (Interrogatories of Defendant, William J. West, M.D., Directed to be Answered by Plaintiffs - First Set, and Request of Defendant, William J. West, M.D., For Production of Documents Directed to Plaintiffs - First Request, and letter of service of same, are .~ . attached hereto collectively as "Bxhibit A") . 3. Over 2U years later and on July 22, 1997 Plaintiffs served upon Dr. West their answers to Dr, West's interrogatories and responses to request for production. 4. Dr, West's Interrogatory "6 and Plaintiffs' answer thereto were as follows: Question: Please identify all expert witnesses retained or employed by plaintiff who you expect to call as a witness to testify at trial and the substance of the facts relied upon and opinions held by each such expert witness. Response: W. rel.rv. the right to lupplement thil an...r. (A true and correct copy of Plaintiffs' answer to interrogatory "6 is attached hereto as "Exhibit B".) 5. Dr. West specifically requested production of documents regarding expert witness testimony as follows: 3. Any and all documents containing the names and home and business addresses of all individuals contacted as potential witnesses. 4. Reports of any and all experts who will testify at trial including any and all "preliminary" reports, and all documents and records reviewed by each expert including all correspondence or memoranda. 5. The curriculum vitae of each and every expert that will be called to testify at trial. 6. Plaintiffs responded to such requests as follows: 3. S.e aDswer to 1. [1. All medical record. have b.en provided previoully.] 2 , .~ . ... "ill be provictect a. .oon a. it i. raaaivect. 5. See an_er to .. (A true and correct copy of Plaintiffs' responses to Request for Production is attached hereto as "Exhibit C".) 7. Over two more years have passed without further response or answer to requests and interrogatories pertaining to expert witnesses. 8. Pa.R.C.P. No. 4006 states, in pertinent part: The answering party shall serve a copy of the answers [to written interrogatories by a party) and obj ections if allY, within thirty days after the service of the interrogatories. 9. Pa.R.C.P. No. 4009.12 states, in pertinent part: (a) The party whom the request [for production of documents) is served shall within thirty days after the service of the request (1) serve an answer including objections to each numbered paragraph in the request, and (2) Produce or make available to the party submitting the request those documents and things described in the requ.est to which there is no objection. 10. Plaintiffs' failure to further respond to Dr. West's discovery requests is attributable solely to Plaintiffs. 11. Plaintiffs' conduct in not further answering Dr. West's interrogatories nor responding to his requests for production of documents is unjustified. 3 WHBRBFORB, Defendant William J. Wast, M.D. respectfully requests that this Honorable Court grant this Motion to Compel and Order Plaintiffs to fully and comprehensively answer all interrogatories and substantively respond to all requests for production, and specifically that Plaintiffs identify all medical experts they intend to call to testify at trial and to serve an expert report which satisfies the requirements of Pa.R.C.P. 4003.5, within thirty (30) days of the entry of the Order. Date1 Ifl;hf Respectfully submitted, S. WALTER FOULKROD, III & ASSOCIATBS By: /H:.L~ S.~R~ Attorney 1.0. No. 01982 S. WALTER FOULKROD, IV Attorney 1.0. No. 65207 ANDREW H. FOULKROD Attorney I,D. No. 77394 Attorneys for William J. West, M.D. 2215 Forest Hills Drive, Suite #35 P.O. Box 6600 Harrisburg, PA 17112-0600 (717) . 54l- 0400 4 , 'J~: :,' ;)J~!t1~~-~~~i"nt il'_::/'-'.,..',I.'i__L; ',Vi',A~~r;iJ;.t-,j;.l'-I/iW'1W:'l!; : H.t ;,Vo I,., ~, I , I, 'i~!" j' 1(- I'r'l'f" , , , , , ;", . " ,,..,,,,,,,,,, IElIhIbIt Ii. " . I" 11'1',. 'i',) . 'I"'" ___.On" ,." , :.:r--" ..:.~' ,.', '01 " , ' .., " 'J I' , , !'I ,-,-+.....~.;,~I ,~ " II . ~~j. II" " ',,', 1., r-~l! , ' " n , , , Ii) " t,1 , " , , " Ii i' ." " , ." " :, . " 'iI , , -,,) 'PI ;11 " " t" q td I' , , " , , . '" . s " ,J ,\ ~"", t','-' ;"iI ,a,') /1,1 ';~'IIIN.JlI: ,!,."u",;"""',~,,, " ...,.- 'I' ,: " S. WALTlR rOULKROD, III, ESQUIRE Pa, Supreme CQu:rt I,D, NQ. OU82 S, WALTER rOULKROD, IV, aSQUIRS Pa, Supnme Court I,D. No, 55207 S. WALTlR rOCLlCltOD, III 'ASSOCIATIiS 2215 'orelt Hi111 Drive . Suite 35 POlt Ottice Box 6600 Ha:rrilburg, pennlr1vania 17112.0600 Tllephonl: [717 541.0400 'ax: [717J 541-1727 AttorneYI tor: WILLIAM J. WEST, M.D, JULIE KRETZING and GEORGE KRETZING, W/H, Plaintiffs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 94.7222 v. WILLIAM J. WEST, M.D., Defendant. JURY TRIAL DEMANDED IN'l'BRR.OGATORIIlS 01' DIlPIlNDANT. WILLIAM J. WIlST. M. D. . DIUC'l'IlD TO BB ANSWBRIlD BY PLA7.NTIPPS . PIRST SIT TO: JULIE KRETZING and GEORGE KRETZING c/o William P. Douglas, Esquire Douglas, Douglas & Douglas 27 West High Street - P. O. Box 261 Carlisle, PA 17013-0261 PLEASE TAKE NOTICE that you are hereby required, pursuant to the Pennsylvania Rules of Civil Procedure, Nos. 4005 and 4006, to serve upon the undersi.gned within thirty (30) days from service hereof your answers in writing and under oath to the Interrogatories. These Interrogatories shall be deemed to be continuing Interrogatories. If, between the time of your Answers to said Interrogatories and the time of the trial of this case, you or anyone acting in your behalf learns the identity and whereabouts of any other witnesses not identified in your said Answers, or if you obtain or become aware of additional requested information not supplied in your Answers, you shall promptly furnish the same to the undersigned by Supplemental Answers. Date: ~/~f~ S. -. QU~ ~- . By: ,'/ S. L R FOUt 0 , Attorney I.D. #01982 S. WALTER FOULKROD, IV Attorney I.D. #65207 Attorney for Defendant, WILLIAM J. WEST, M.D. .~ '. ~.P%HITIOHS AND INSTRDCTIONS As used in these Interrogatories, the words and terms as set forth below shall be defined as follows: (a) "You," "your" or "yourself" shall mean and include the answering party or parties, each of said party's representatives, agents, servants, workmen, relatives, employees, attorney, and all other persons acting for or on behalf of the answering party. (b) "Identify" or "identity" when referring to an individual means to state his/her: (1) name; (2) present address, if known, or last known address (business and residence); (3) job title, business affiliation or job classification at the time of the events referred to in the Interrogatory Answers; (4) currant employer, if known, or last known employer; and (5) telephone number (business and residence). (c) "Identify" or "identity" when referring to a document or documents means to: (1) state the type of document (~, record, report, letter, memoranda, telegram, chart, photo, etc.), its date, its title (if any), its identifying number, a .~ '. generalized summary of the subject matter of the contents of the document, and its present location; and (2) state each person who prepared it, each person for whom it was prepared, the address of each person to whom it was sent, the address of each person who presently has custody of the original or copies thereof. (d) "Xdentify" or "identity" when referring to a .claim" or "action" means to set orth the name of the court where the case, claim or action was filed, the docket number, the year and date when the action was commenced, the names of all claimants (including you), the names of all parties against whom a claim was asserted, the date or dates of the transaction or occurrences which gave rise to the claim, a description of injuries and damages claimed to have accrued, the identity of insurance carrier for the persons or entities a,gainst whom all claims or suits were asserted, the outcome of the claim or suit, the amount recovered, from whom, and if no recovery was realized, why not. (e) '''Documents'' include any written, recorded or graphic matter however produced or reproduced including but not limited to correspondence, telegrams, other written communications, contracts, agreements, notes, reports, records, x-rays, memoranda, photographs, tape recordings or any other writings, including copies of any of the foregoing now or at any - 2 - .~ " prior time in your (all defined herein) possesBion,custody or control. It) "Statement".includes a written statement signed or otherwise adopted or ap~roved by the person making it. It includes the stenographic, mechanical, electrical, or other method of recording or a transcription thereof which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. (g) "Treatment" means any surgery, examination, diagnosis, therapy or other medical care or attention rendered. lh) "F.ealth Care Provider" means physician, dentist, chiropractor, podiatrist, chiropedist, therapist, intern, resident, nurse (RN or LPN), or other person who rendered service to, attended to or otherwise assisted in the health care of the Plaintiff. "Health Care Provider" also means hospital, doctor's office, clinic, rehabilitation center, nursing home or any similar facility in which or through which medical, therapeutic, rehabilitativp. or other services were rendered. . (i) "Person" has its customary broad meaning and shall also include any human being, corporation, partnership, sole proprietorship, unincorporated association, joint venture, or any other organization or. entity. . 3 . '1I 'I 4. Pl..... id.ntifYI (.) All non-expert witnesses who you know or believe witn..s.d all or any part of the tre.tm.nt upon which this action is based or who were present or ne.r the scene of the treatment upon which this action is based and had knowledge of injuries you claim to have resulted from said treatment by stilting: (i) (ii) (iii) their name; their address; their location at the time. of said treatment. (b) All other witnesseswr.o you know or believe to have any information ~egarding your claims of negligence against De!endant and your claims of damages by stating: (i) their name; (ii) their addresses and telephone nwnbers . (c) All individuals with whom you at any time discussed the facts and circumstances upon which this action is based by stating: , ' (i) (ii) 'their names; , , , their addresses and telephone nwnbers . , ' , ,; , ,., , , - 4 . 'f to 8. State, 'Yo~r content,ions as to the liability of each Oehndant a. ..t forth in the Complaint ..s well ..s th. 'specific facts' known to you upon ~hich such contentions Of 'negligence or malpractice are based. i', i, " , , , I " , , I , 1;' : I, ., " " " \, , , , , , , " , L;I , , , ;<11 , ' I',f " " ,;1 " , , " " ,',I I.,! " " , ,.1 ", I, ,Ii " ,I I,) " , , " , , Ll ]1 " , , I , , , , , , , l,i :' " I' , , ., " , , " , 'I ", ,,, " 'I I I; il , , . 8 " '. 10. S~at:. a1:1 damage. you allege were 8u.ta:l.ned Ioyyou ~~ a re.u,lt ot tbe alleged negligence or malpractice of, I ;'J Defendant (.) . ' . , , , , , i " , .':, , ,1,1) " " , , , " j" I , " , I, , , " , '" " , , , , " , ;"'1 , , " ,,' " , I, " I, " ,,' jl 'i" , 10 , " , 1" i 'I', I,; I' , , , " 'I j , , " \ ',1 I, , " " " I,.) " " , , 'I , , , , ., , !,I , , , , , L, I , " I, , " .1 " I",', ,,1, il , , " ,I, , , I , , , " " ./ / , ,'I ;11 " " !( , I' I , , ',I, " " " " " , "'I", ',I' j 'I '. S, WALTER FOULKROD, III, ESQUIRE Pa, Supreme Cour~ I.D, No, 01982 S, WALTER FOOLKROD, IV, ESQUIRE Pe, Supreme Cour~ I,D, No, 65207 S, WALTER FOULKROC. I II , ASSOCIATES 2215 Forest Hills Drive - Suite 35 Post Ottice Box 6600 Harrisburg, Pennsylvania 17112-0600 Telephone: [717J 541-0400 Fax: [717] 541-1727 AttomeYs tor. WILLIAM J. WlST,K.C, JULIE KR~TZING and GEORGE KRETZING, W/H, Plaintiffs, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 94-7222 v. WILLIAM J. WEST, M.D., Defendant. JURY TRIAL DEMANDED ~: . REOUEST OP DEPENDANT. WILLIAM J. WEST. M.D.. POR PRODUCTION OP DOCUMENTS DIRECTED TO PLAINTIPPS .. PIRST REQUEST TO: JULIE KRETZING and GEORGE KRETZING c/o William P. Douglas, Esquire Douglas, Douglas & Douglas 27 West High Street - P. O. Box 261 Carlisle, PA 17013-0261 i I ~ f ! Pursuant to Pa. R.C.P. No. 4009, you are hereby requested to produce the below listed documents and/or items for purposes of dis~overy, This material will be examined and/or photocopies; photograph negatives will be processed and photographs reproduced. Said documents or tangible things are to be produced at the offices of S. WALTER FOULKROD, III & ASSOCIATES, 2215 Forest Hills Drive, Suite 35, P. 0, Box 6600, Harrisburg, PA 17112-0600, within thirty (30) days of the date of ser~ice hereof and supplemented thereafter in accordance with. ~:. Pa, R.C.P. No. 4007.4: 1. The entire contents of any investigation file or files and any and all documents in Plaintiffs' possession which ~. '. support or relate to the allegations of Plaintiffs' Complaint (excluding the mental impressions of Plaintiffs' attorney or his conclusions, opinions, memoranda, notes or summaries, legal research or legal theories, and excluding the mental impressions, conclusions or opinions respecting the value or merit of a claim or defense or respecting strategy or tactics of a representative of Plaintiff, other than his attorney). 2. Any and all statements concerning this action or its subject matter made by a party or its agents, servants or employees, or by a witness, as defined by Pa, R.C.P. No. 4003.4. 3, Any and all documents containing the names and homa and business addresses of all individuals contacted as potential witnesses. 4. Reports of any and all experts who will testify at trial inGluding any and all "preliminary" reports, and all documents and records reviewed by each expert including all correspondence or memoranda. 5. The curriculum vitae of each and every expert that will be called to testify at trial. 6. Any and all medical records, autopsy reports, physician's reports and bills, hospital records or abstracts of same which relate in any way to the injuries allegedly sustained by Plaintiffs. - 2 . , ,.i 'I' ,-'I i'~ 'H ':!'i~'~;iiJ?t~;~li!i!~~'~'f:i;': -;J , , " , /1 "h' F"'"""""~"""""_~""\ilfi, .. ':~1r .,.~,,,.) ...... ,,' ,I , [' , . . I~'~,- ~"''''~~''lil " " "QIif:Il -~ -' . , , " , ,,' 'I ~ 'f .r-I..... .. .. " , " , \ iI' Ii " !I " I, , , , , ' " " , 'r,',' " , '. "i ;1 '" " , , , . " I,' . " i' . " " t, '" '. . . , , " " , , " , , " , ' , " . ", * "'1q'l)~ , , hlfQI ; Ol"~-_ ,..,...".. " . . " ....--.' "f' " -'I 'i~; . ;1, - ~ , .,,~' ,1_'" ...i<~.".~_F"",,,,,,,,,,_"~'c,'''I-:-"'L , j " IIchIbIt P " ' ,,,~",)o<,,,,,,_i6j,,,,,,,,~_j....W':;""-"I__I--"~lP""""-''''''~'''-'''''' , , 'i,t II !, d .! "I " I', " , Ii. , , 'i! :' ',' , ' , " " " i , ' , , " , , " " , t-I, I ii' ,-'.J " " " " " " . . , , " " , .,,! , , : Ii .' , , , " , iJ " , " " .: j ,~ ;1.h~'J'i 111l'l1 au.-w',,-1W'f , " "".,_ ",;,,,,:;\'.r.t,~.dit,;,.\,,,\....i'~i"",lI,,.\..,:J,;k,."",",~,"I6!""'JWJM~\jlIO~~",INiItill!-;oU~~"'~""" I, ,".",', ., , ., j -, 01', .' ,-,,, , " -...- .' '" 'I il " , , , " " , .if "r' , , , , , " , if' , , , " " " I' I; I 'I i! 1 , " Ii . , '1 " ~ N ~ I', , , - , & " ,~ f 1-, Ci) ~1 0'\ i L;l, - u., \':1 g -F , ~ CI'\ ,i i , II' 0' 'I, , , , , , ., " " II 1 i/ " , , : 1;\ ". '.. , . , -I' " , , . , 1 , , 'I , , , , 'I , I,., " ., , ! I' , . I, , ,1 " I, " ,1 " " " U " " " , " '; I , , I; I, r;' j, d , " I ~', Ii r "~I 'J '" I ,I, 1',.''/ L, ',' " " ., , , " " .""'i'f' , .