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HomeMy WebLinkAbout95-01055 {\ 3. Ordinary care is the care a reasonably careful person would use under the circumstances presented in this case. It is the duty of every person to use ordinary care not only for his own safety and the protection of his property, but also to avoid injury to others. What constitutes ordinary care varies according to the particular circumstances and conditions existing then and there. The amount of care required by the law must be in keeping with the degree of danger involved. Pa. SSJI (Civ) 3.02; Maternia v. pennsvlvania R.R. co., 358 Pa. 149, 56 A.2d 233 (1948); Potere v. philadelDhia, 380 Pa. 581, 112 A.2d 100 (1955). '~\- 4. An Act of Assembly of this Commonwealth, in effect at the time this accident occurred, provided in part: No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, nor at a speed greater than will permit the driver to bring his vehicle to a stop within the assured clear distance ahead. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions. This Act dictates the duty of care required of someone in the same situation as Oefendant Tony E. Vorous. If you find that there was a violation of this Act, you must find the Defendant negligent as a matter of law. However, before you answer the question of Defendant's liability, you must determine whether this negligence was a substantial factor in bringing about Plaintiff's injury. Pa. SSJI (civ) 3.30; 75 Pa.e.S.A. S 3361; O'Ambrosio v. Philadelchia, 354 Pa. 403, 47 A.2d 256 (1946), Wemelina v. Shattuck, 366 Pa. 23, 76 A.2d 406 (1950); Maiors v. Brodhead Hotel, 416 Pa, 265, 205 A.2d 873 (1965). 6. An Act of Assembly of this Commonwealth, in effect at the time this accident occurred, provided in part: No person shall move a vehicle which is stopped, standing or parked unless and until the movement can be made with safety. This Act dictates the duty of care required of someone in the same situation as Oefendant Tony E. Vorous. If you find that there was a violation of this Act, you must find the Oefendant negligent as a matter of law. However, before you answer the question of Defendant's liability, you must determine whether this negligence was a substantial factor in bringing about Plaintiff's injury. Pa. SSJI (Civ) 3.30; 75 Pa.C.S.A. 5 3333. , ~ I I i (/ 8. It a motorist tails to reasonably assure himselt that it is sate to turn across an intersection, he has tailed to yield the right-ot-way and such conduct constitutes negligence. Coleman v. Quaker state Coca-Cola Bottlina Co., 328 F. Supp. 314 (E.O. Pa. 1971). vehicle under constant control. Therefore, Oefendant Tony E. ~ / ' l' 10. The pennsylvania Motor Vehicle Code also provides that the operator of a motor vehicle on a public highway must have his vorous, as the operator of a vehicle on a public highway, was under a duty to keep his vehicle under constant control and must not cut across the middle of the highway. Sollinaer v. Himchak, 402 Pa. 232, 166 A.2d 531 (1961); Oenman v. Rhodes, 206 Pa, Super. 457, 214 A.2d 274 (1965). ;1' 13. The Pennsylvania Motor Vehicle Code dictates the duty of care required of someone in the same situation as Oefendant Tony E. Vorous. If you find that there was a violation of any of the provisions of the Motor Vehicle Code, you must find the Oefendant neqliqent as a matter of law. However, before you answer the question of Oefendant's liability, you must determine whether this neqliqence was a substantial factor in brinqinq about Plaintiff's injury. Pa. SSJI (civ) 3.30; Jinks v. currie, 324 Pa. 532, 188 A. 356 (1936); Kenworthv v. Burahart, 241 Pa, Super. 267, 361 A.2d 335 (1976); KruDa v. Williams, 316 Pa. super. 408, 463 A.2d 429 (1983). " I " ) \ . 15. A person need not anticipate that another will act neqliqently. Gross v. Smith, 388 Pa. 92, 130 A.2d 90 (1957). \1''' 19. In civil cases such as this one, the Plaintiff has the burden of proving those contentions which entitle her to relief. When a party has the burden of proof on a particular issue, his contention on that issue must be established by a fair preponderance of the evidence. The evidence establishes a contention by a fair preponderance of the evidence if you are persuaded that it is more probably accurate and true than not. To put it another way, think, if you will, of an ordinary balance scale, with a pan on each side. Onto one side of the scale, place all of the evidence favorable to the Plaintiff; onto the other, place all of the evidence favorable to the Defendant. If, after considering the comparable weight of the evidence, you feel that the scales tip, ever so slightly or to the slightest degree, in favor of the Plaintiff, your verdict must be for the Plaintiff. If the scales tip in favor of the Oefendant, or are equally balanced, your verdict must be for the Oefendant. In this case, the Plaintiff has the burden of proving the following propositions: that the Oefendant was negligent, and that that negligence was a substantial factor in bringing about the f i , accident. If, after considering all of the evidence, you feel persuaded that these propositions are more probably true than not true, your verdict must be for the Plaintiff. verdict should be for the Defendant. otherwise, your Pa, SSJI (Civ) 5.50; sisk V. Ouffv, 201 Pa. Super. 213, 192 A.2d 251 (1963); Reist V. Manwiller, 231 Pa. Super. 444, 332 A.2d 518 (1974). \" 22. You will recall that Michael G. Appleby, O.C. gave testimony of his qualifications as an expert chiropractor. A witness who has special knowledge, skill, experience, training or education in a particular science, profession or occupation may give his opinion as an expert as to any matter in which he is skilled. In determining the weight to be given to his opinion, you should consider the qualifications and reliability of the expert and the reasons given for his opinion. You are not bound by an expert's opinion merely because he is an expert; you may accept or reject it, as in the case of other witnesses. Give it the weight, if any, to which you deem it entitled. Pa. SSJI (Civ) 5.30. . '\\' \0' ././'0- 24. The number of witnesses offered by one side or the other does not, in itself, determine the weight of the evidence. It is a factor, but only one of many factors which you should consider. Whether the witnesses appear to be biased or unbiased; whether they are interested or disinterested persons, are among the important factors which go to the reliability of their testimony. The important thing is the quality of the testimony of each witness. In short, the test is not which side brings the greater number of witnesses or presents the greater quantity of evidence; but which witness or witnesses, and which evidence, you consider most worthy of belief. Even the testimony of one witness may out weigh that of many, if you have reason to believe his testimony in preference to theirs. Obviously, however, where the testimony of the witnesses appear to you to be of the same quality, the weight of numbers assumes particular significance. Pa. SSJI (Civ) 5.03. t 26. The damages recoverable by the plaintiff in this case and the items that go to make them up, each of which I will discuss separately, are as follows: (a) Future medical expenses; (b) Past and future pain and suffering; (c) Embarrassment and humiliation; and (d) Loss of enjoyment of life. In the event that you find in favor of the Plaintiff, you will add these sums of damage together and return your verdict in a single, lump sum. Pa. SSJI (Civ) 6.01; Schweael v. Goldbera, 209 Pa. Super. 280, 228 A.2d 405 (1967); Mack v. Johnson, 430 F. supp. 1139 (E.D. Pa. 1977), aff'd, 582 F.2d 1275 (3d cir. 1978); Reist v. Manwiller, 231 Pa, super. 444, 332 A.2d 518 (1974). 27. The,Plaintiff is entitled to be compensated in the amount of all medical expenses reasonablY incurred for the diagnosis, treatment and cure of her injuries in the past. These expenses, as alleged by the plaintiff, amount to $1,312.18; an exhibit will be submitted to you, itemizing these costs, for your consideration during deliberation. ~ Pa. SSJI (Civ) 6.01A. ~ 28. In this case you have heard testimony concerninq various medical services provided to the Plaintiff in an effort to brinq her back to health. Under Pennsylvania law, a certain portion of the plaintiff's medical bills were paid by Plaintiff's automobile insurance company and are not recoverable in this action. The medical bills that have been received into evidence represent those bills which have not been paid from this other source. If you award damaqes to the Plaintiff and you find that the medical bills received into evidence were the proximate result of the injuries sustained by the Plaintiff and were reasonable and necessary, you should award the amount of those bills to the Plaintiff. However, you may consider all of the medical services performed in determininq the extent of the plaintiff's pain and sufferinq and other non-economic damaqes, whether or not the bills for those particular services have been placed in evidence. Pa. SSJI (Civ) 6.02A. ~ 34. If you find that the plaintiff's injuries will continue beyond today, you must determine the life expectancy of the Plaintiff. According to statistics compiled by the United states Department of Health, Education and Welfare, the average life expectancy of all persons of the Plaintiff's age at the time of accident, sex and race was 32 years. This figure is offered to you only as a guide, and you are not bound to accept it if you believe that the Plaintiff would have lived longer or less than the average individual in her category. In reaching this decision you are to consider the plaintiff's health prior to the accident, her manner of living, her personal habits and other factors that may have affected the duration of her life. Pa. SSJI (Civ) 6.21; Rosche v. McCov, 397 Pa. 615, 156 A.2d 307 (1959); Messer v. Beiahlev, 409 Pa. 551, 187 A.2d 168 (1963); ~, Life Expectancy, vital statistics of the United states, (1988) Life Tables. '.,.,i .-- ' .....-. .---- --:::' ....__..- ~ 35. The plaintiff is entitled to be fairly and adequately compensated for such embarrassment and humiliation as you believe she has endured and will continue to endure in the future as a result of her injuries. Pa. SSJI (Civ) 6.01Gj Frankel v. united states, 321 F. Supp. 1331 (E.O. Pa. 1970), aff'd, 466 F.2d 1226 (3d cir. 1972)j Marinelli v. Montour R.R. co., 278 Pa. Super. 403, 420 A.2d 603 (1980); Fish v. Gosnell, 316 Pa. Super. 565, 463 A.2d 1042 (1983). ,~ 36. The Plaintiff is entitled to be fairly and adequately compensated for past, present and future loss of her ability to enjoy any of the pleasures of life as a result of her injuries. Pa. SSJI (Civ) 6.01I; Frankel v. united states, 321 F. Supp. 1331 (E.O. Pa. 1970), aff'd, 466 F.2d 1226 (3d cir. 1972); Corcoran v. McNeal, 400 Pa. 14, 161 A.2d 367 (1960); Thomcson v. Iannuzzi, 403 Pa. 329, 169 A.2d 777 (1961); oiChiacchio v. Rockcraft stone Products co., 424 Pa. 77, 225 A.2d 913 (1967). . , , \ " - , I (. ' t<- .,/? 37. It is not an issue in this case nor are you to concern yourselves with how any verdict will be paid. Your verdict must fully compensate the Plaintiff for all injuries, past, present and future that she has sustained. ~ 0 _Iii ~ :al5 ~ ~ ~~~~ 1:s:_I!!~... oa:...c; j:l ~ 011 j!:!i ~ jol!iel !: ZZiiE -gos ~..% .' . W.. ",4..' At>" "..,. "u....,. niLe Otrt lW04 OO.l.'WItflI -,,0)111.,11'''' ~ . @ .. APr-, ')6 '''9.~ .,tlt. loll ,k' '. DARLENE SPURLOCK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. ROBIN D. VOROUS and TONY E. VOROUS, NO. 95-1055 civil Term Defendants JURY TRIAL DEMANDED PLAINTII'I" S PRB-TRIAL MBHORANDtlK I. I'ACTS The instant action arises out of a september 25, 1993 motor vehicle accident. At that time, Oarlene Spurlock was a front seat passenqer in the vehicle bsinq operated by Thomas Olszowka. Mr. Olszowka was travellinq south in the left lane of Route 11, Silver Sprinq Township. Defendant Tony E. Vorous was operatinq a 1990 Pontiac Grand Am. Defendant Vorous was attemptinq to cross Route 11 to proceed northbound on Route 11. Oefendant Vorous admitted his vision to the left lane of southbound Route 11 was blocked. Despite not beinq able to see, Oefendant Vorous pulled onto Route 11 and collided with the front portion of the Olszowka vehicle. II. DAMAGBS As a result of the accident, Ms. Spurlock sustained painful and severe injuries which include but are not limited to cervical 82781/HLH ~ " whiplash, cervicobrachial syndrome, cervical subluxation, a disc protrusion at C5-6 and disc bulge at C4-5. III. WXTHB88B8 1. Plaintiff; 2. Oefendant, as on cross-examination; 3. Thomas Olszowka; 4. Walter Peppelman, 0.0., via videotape deposition; 5. Samuel R. Smith, O.C, via videotape deposition; 6. Michael G. Appleby, D.C., via deposition; 7. Edward Mitchell, Jr. 8. Paul L. Myers; and 9. Officer W. A. Burger, Jr. Plaintiff will supplement this list, if necessary, in a reasonable time prior to trial. IV. BDXBXT8 1. Police Accident Report; 2. Medical bills; 3. Medical reports; 4. Oiagram of site; and 5. Photographs of site. Plaintiff will supplement this list, if necessary, in a reasonable time prior to trial. ... V. LUG" A'l' 'l'RXAL 1~ to 2 days. VI. SB'l"l'LBKBB'l' HBGO'l'IA'l'IONS Plaintiffs last demand was $17,500; Defendant's last offer was $7,000. VII. MXSCBLLAHBOOS By Court Order dated March 18, 1996, the Honorable Judge Sheeley ordered the instant action be given a preference on the May trial list. A copy of the Order is attached hsreto as Exhibit A. chard~A. Sadlock, Esqu re I.O.~NO. 47281 ,4!503 North Front street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: April 25, 1996 . " 23. . DARLENE SPURLOCK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V ROBIN D. VOROUS AND TONY E. VOROUS NO. 95.1055 CIVIL TERM ORDER OF COURT AND NOW, March 19, 1996, this case having appeared on the trial list for the week o(March 16, 1996, but having been unable to be reached due to the length and number of cases being tried this week, It Is HEREBY ORDERED AND DIRECTED that the case be continued until the May 1996 trial term. The Prothonotary Is dlrscted to rellst this case for the week of May 20, 1996. This case shall be given prsference In scheduling. Counsel should appear at the call and at the pretrial as scheduled for that term. By the Court, \ ,A I .,i (: - .~(// Harold E. Sheely, P,J: Richard Sad lock, Esq. For the Plaintiff James G. Nealon, III, Esq. For the Defendant Harold E, Sheely, P.J, :br ......PLAlNTlFF'8 I ilBIT - - - . , ... CBRTX~XCATB o~ SBRVXCB I, Marcy L. Moyer, an employee of the law firm of Anqino , Rovner, P.C., do hereby certify that I am this day servinq a true and correct copy of PLAXIITXI'~' S PRB-TRX.u, IIBKORUlDUII on the followinq via postaqe prepaid, first class United states, requested addressed as follows: James G. Nealon, III, Esquire Caldwell , Kearns 3631 North Front street Harrisburq, PA 17110 Date: April 25, 1996 -..' ,- -.--.....--.. -':7' '.-_"... ..-. -... ___ . . , . DARLBNB SP'lJRLOCJ.:, plaintiff I IN 'l'BE COURT 01' COMMON PLBAS I cmmBRLAND COtJH'l'Y, PBNHSYLVAHIA I I CIVIL ACTION - LAW I NO. 95-1055 CIVIL TBRH I I I JURY '!'RIAL DBMAHDBD v. ROBIN D. VOROUS and TONY B. VOROUS, Defendants PRE-TRIAL MEMORANDUM 011' THE DBFENDANTS I. BACKGROUND This civil action arises out of an automobile accident that occurred on September 25, 1993, at approximately 8:35 p.m., on S.R. 11 (Carlisle Pike), Silver Spring Township, Cumberland County, Pennsylvania. At that time and place, Defendant, Tony Eugene Vorous, was operating a 1990 pontiac Grand Am. Mr. Vorous was in the parking lot of the .Super Shoes. store. Mr. Vorous intended to exit from the parking lot, cross the westbound lanes of the Carlisle Pike, turn left and head east on the Carlisle Pike. At the time of the accident, it was dark and rainy. A vehicle in the westbound lanes of the Carlisle Pike was stopped. The driver waived out the Defendant. As the Defendant was attempting to cross Route 11, he impacted with a vehicle being operated by Thomas Olszowka. The plaintiff, Darlene Spurlock, was a passenger in the Olszowka vehicle. ~ II. DAMAGES The Plaintiff did not start treating until almost one month following the automobile accident. Thereafter, Plaintiff complained of typical cervical soft tissue injuries. Defendant contends that the injuries are relatively minor. III. WiTNESSES 1. Tony Eugene Vorous; 2. Ed Mitchell; 3. Paul Myers; and 4. Defendant reserves the right to call any witnesses identified through the course of discovery or identified in the Plaintiff's Pre-Trial Memorandum. IV. EXHIBiTS 1. Medical records of the Plaintiff; 2. Photographa of the vehicles; and 3. Defendant reserves the right to use any other documents identified in the course of discovery. V. ESTiMATED LENGTH OP TRIAL One and a half days. VI . SET'l'LBMBNT NEGOTIATiONS To date, Defendant has not made any offer. However, , CERTIFl:CATE OP SERVICE AND NOW, this 25th day of April, 1996, I hereby certify that I have served the foregoing Pre-Trial Memorandum of Defendants on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Richard A. Sadlock, Esquire Angina & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 a'l-~ 6~ /J~ G. Nealon, III, Esq. J 63658-1 v. I 4 OLER IN THE COURT OF COMMON PLEAS OF CUMBERLANO COUNTY, PENNSYLVANIA CIVIL ACTION - LAW OARLENE SPURLOCK, plaintiff ROBIN O. VOROUS ANO TONY E. VOROUS, Defendants 95-1055 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held in the chambers of the undersigned judge on Wednesday, May 1, 1996. Present on behalf of the Plaintiff was Richard A. Sad10ck, Esquire. Present on behalf of the Defendants was James G. Nealon, III, Esquire. This is a negligence action for personal injuries arising out of a two-car accident on the Carlisle Pike on September 25, 1993. Plaintiff was a passenger in a car which was heading toward Carlisle when Defendant Tony E. Vorous drove a car into the path of plaintiff's vehicle in an attempt to cross the highway and proceed toward Harrisburg. Plaintiff allegedly suffered soft tissue injuries. By agreement of counsel, the second Oefendant in this case, Robin D. Vorous, will be dismissed from the action; the claim against her was based upon a theory of negligent entrustment. This will be a jury trial in which each side will have four peremptory challenges, for a total of eight. This trial is estimated to be of a duration of one and a half days. In the event that any objections in videotaped depositions to be shown to the jury require rulings by the trial court, counsel are directed to submit transcripts of the depositions, with the areas of objections being pursued highlighted, and brief memoranda on their respective positions to the Court at least five days prior to commencement of the trial term. This case was given preference with respect to scheduling by a prior Order of the Honorable Harold E. Sheely on March 18, 1996. Accordingly, and pursuant to an agreement of counsel following consultation with the office of the court administrator, this trial will commence on Monday, May 20, 1996, at 1:30 p.m. Mr. Nealon is unavailable for trial during that morning. Although liability has not been technically conceded by the Oefendant, Oefendant is not arguing seriously that he was not responsible for the accident. with respect to settlement negotiations, plaintiff has demanded the sum of $17,500.00, and Defendant has offered the sum of $7000.00. It is noted that a prior pretrial conference order on the part of President Judge Sheely referred to the judge's feeling that the Plaintiff's demand was not unreasonable, and this Court concurs in that view. . ' J RICHARD SAOLOCK, ESQUIRE For the Plaintiff JAY.ES G. NEALON, III, ESQUIRE For the Oefendants Court Administrator wcy In en -- -.. ,",,-;.;: ,.., ".J . " ......' n~ ,~ 'C: "-'.;' Q Ul is z . I- 0( 0 '" 0: ;: :c '" Z c( c 0( II: ~ . oJ I- 1&1 0 III ~ . l- I- oJ . 0( z >- 0 OUl 1('1 u III ~ II: Z .J c >- ... Z . I&l I&l .J 0 Z ~ 0- 1&1 ~ II: II: . :t III 0 Oel w z II: C ... I: 0 :J .J . 0( l'l GI c( . 00 III U c l'l i II: 0( :z: .' . .... 91;..... ...'....,~... 'fI''',.' ~U r,,~. t"'''''..oj;}J''~''')11Jul"n. -, - , . ..' . .. " - . -, VERIFICATION I, Tony E. VOrouI, veritY that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S.A. ~ 4904 relating to unsworn falsification to authorities. ic/~v{ ~/)- ony b" orous - Dated: Ii- u - CI5 OARLENE SPURLOCK, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. ROBIN O. VOROUS and TONY E. VOROUS, NO. Defendants JURY TRIAL DEMANOED COMPLAI:NT 1. Plaintiff Oarlene Spurlock is an adult individual, citizen of the Commonwealth of Pennsylvania, who resides at 348 pine street, Middletown, Oauphin County, Pennsylvania. 2. Oefendants Robin D. Vorous and Tony E. Vorous are adult individuals, husband and wife, and citizens of the Commonwealth of pennsylvania, who reside at RD 4, Box 287, Newport, Perry County, Pennsylvania. 3. The facts and occurrences hereinafter related took place on or about September 25, 1993, at approximately 8:36 p.m., on Route 11 (Carlisle Pike), Silver spring Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff Oarlene Spurlock was a passenger in a vehicle being driven by Thomas Olszowka. 5. At that time and place, Thomas Olszowka was operating a 1970 Chrysler 300 and was travelling south in the left lane of Route 11, Silver Spring Township, Cumberland County, Pennsylvania. 61403/CLN 6. At that time and place, Oefendant Tony E. Vorous was operating a 1990 Pontiac Grand Am owned by Oefendant Robin D. Vorous. 7. At that time and place, Defendant Tony E.. Vorous was attempting to cross the southbound lanes of Route 11 to enter the northbound lane of Route 11, Silver Spring Township, Cumberland County, Pennsylvania. 8. At that time and place, traffic was stopped in the right lane of southbound Route 11. Oefendant Tony E. Vorous proceeded to cross both lanes of southbound Route 11, even though Oefendant Tony E. Vorous was not able to see if traffic was moving in the left lane of southbound Route 11, Silver Spring Township, Cumberland County, Pennsylvania. 9. At that time. and place, Defendant Tony E. Vorous crossed over the right lane of southbound Route 11, and into the left lane of southbound Route 11, directly in the path of the Olszowka vehicle. 10. At that time and place, a violent collision occurred as the front portion of the Olszowka vehicle collided with the left side of the Vorous vehicle. 11. As a result of the aforementioned accident, Plaintiff Oarlene Spurlock sustained painful and ~evere injuries which 2 include, but are not limited to, cervical whiplash, cervicobrachial syndrome, cervical subluxation, a disc protrusion at C5-6 and a bulge at the C4-5 disc. 12. As a result of the injuries sustained, Plaintiff Darlene spurlock was forced to incur liability for medical treatment, medications, hospitalizations, and similar miscellaneous expenses in an effort to restore herself to health, and claim is made therefor. 13. Because of the nature of her injuries, Plaintiff Darlene Spurlock has been advised and, therefore, avers that she may be forced to incur similar expenses in the future, and claim is made therefor. 14. As a result of the aforementioned collision and resulting injuries, Plaintiff Oarlene Spurlock has undergone and in the future will undergo great physical and mental suffering, great inconvenience in carrying out her daily activities, loss of life's pleasures and enjoyment, and claim is made therefor. 15. As a result of the aforementioned collision and resulting injuries, Plaintiff Darlene Spurlock has been and in the future will be subject to great humiliation and embarrassment, and claim is made therefor. 16. As a result of the aforementioned collision and resulting injuries, Plaintiff Darlene Spurlock has sustained work loss, loss 3 , ( of opportunity and a permanent diminution of her earning power and capacity, and claim is made therefor. 17. As a result of the aforementioned collision and resulting injuries, plaintiff Oarlene Spurlock has sustained uncompensated work loss, and claim is made therefor. 18. Plaintiff Oarlene Spurlock continues to be plagued by persistent pain and limitation and, therefore, avers that her injuries may be of a permanent nature, causing residual problems for the remainder of her lifetime, and claim is made therefor. COUNT I Darlene Scurlock v. Robin D. Vorous 19. paragraphs 1 through 18 of Plaintiff's Complaint are incorporated herein by reference. 20. The foregoing accident and all of the injuries and damages set forth above sustained by Plaintiff Darlene Spurlock are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant Tony E. Vorous operated the 1990 Pontiac Grand Am as follows: (a) failure to keep alert and maintain a proper watch for the presence of other motor vehicles on the highway; (b) failure to apply his brakes in sufficient time to avoid striking the Olszowka vehicle; (c) failure to travel at a safe speed; 4 (f) failure to keep a proper watch for traffic on the highway; failure to take reasonable evasive action to avoid the accident; failure to drive his vehicle with due regard for the highway and traffic conditions which were existing and of which he was or should have been aware; failure to keep proper and adequate control over his vehicle; (d) (e) (g) (h) failure to yield the right-of-way to the Olszowka vshicle; and (i) driving his vehicle upon the highway in a manner endangering persons and property and in a reckless manner with careless disregard to the rights and safety of others and in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. COUNT II Darlene Sourlock v. Robin o. Vorous 21. Paragraphs 1 through 20 of Plaintiff's Complaint are incorporated herein by reference. 22. The foregoing accident and all of the injuries and damages set forth above sustained by Plaintiff Darlene Spurlock are the direct and proximate result of the negligence of Defendant Robin o. Vorous for entrusting the 1990 Pontiac Grand Am to Defendant Tony E. Vorous as follows: (a) permitting Oefendant Tony E. Vorous to operate the 1990 Pontiac Grand Am although she knew or should have known that he did not have any training, experience and judgment to adequately control and operate the vehicle; (b) permitting Defendant Tony E. Vorous to drive the vehicle, although she knew or should have known that he was careless or reckless in the operation of motor vehicles; (c) failing to properly supervise Oefendant Tony E. Vorous's operation and use of the vehicle; (d) permitting Oefendant Tony E. Vorous to operate the vehicle although she knew or should have known he was not qualified to do so; and (e) permitting Oefendant Tony E. Vorous to operate the vehicle in violation of the Motor Vehicle Code of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff Oarlene Spurlock demands judgment against Oefendants Robin O. Vorous and Tony E. Vorous in an amount in excess of Twenty Thousand Oollars ($20,000.00), exclusive of interest and costs and in excess of any jurisdictional amount requiring compulsory arbitration. Oate: eJ/J,7;c15 ANGINO ~~'. ~,../' // . Richard A. Sadlock, Esquire I.O. No. 47281 4503 North Front Street Harrisburg, PA 17110 (717) 238-6791 Attorney for Plaintiff r 4- t i' ~ u f"'<",. I"l I'l '"' ~ ~ " (-'~ ~,.-; -' D.r. t~i^' [~: : l,''"'! (.t-'. ~~.") "n -"- --'~ -, -<; I j',j -rJ1 ,in )'.,..' :-16 ,.~ :fr .;:::1 ,(") , ,'71 :~; ~rj -, -," ., _..~.'> ~11 \,0 V. 23 I IN THE COURT OP COMMON PLEAS OP I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I 95-1055 CIVIL TERM I I I JURY TRIAL DEMANDED DARLBNB SPURLOCK, P1aintil:f ROBIN D. VOROUS AND, TONY B. VOROUS, Defendants IN RBI PRETRIAL CONFERENCE At a pretrial conference held Wednesday, Pabruary 28, 1996, before the Honorable Harold B. Sheely, President Judge, present for the Plaintiff was Michael B. Kosik, Bsquire, although Richard A. Sadlock, Esquire will be trying the case on behalf of the Plaintiff. Representing the Defendants was Daborah A. Cavacini, Esquire, although James G. Nealon, III, Esquire, will be trying the case on behalf of the Defendants. As far as I know, Defense counsel will be available the entire week of the 18th. However, at the pretrial conference an order was presented to me dated January 16th, 1996, and signed by Wayne A. Bromfield, President Judge of Union County, directing that Mr. Sadlock be prepared to try a case there on March 18th. So it appears that Mr. Sadlock would not be available on the 18th and the 19th. This case was previously pre tried on December 27th, 1995, and not much has changed since that pretrial. However, the demand now has been lowered to $17,500.00, which I think is a very reasonable demand, and based on the apparent 95-1055 CIVIL TERM liability of the Defendant, it would appear to me that this case should be settled for that amount. By the Court, Richard A. Sadlock, Esquire Por the Plaintiff James G. Nealon, III, Esquire Por the Defendants _1 n ,~ 0 (_:. I';. . '" ~r:~ ..., -) 1"" \:-} :1il.J f;~t:~ N 'qf"':"l \.0 -'i6 r:'l' ....: . :;-"tI -=:0 ;t:.r. :.-.: i'''~ -20 ;.- ~:':; ':? ,5'"" ~ :.~, ~-;! - :;, -. - -< ...' ,- -'- .-- .":";:" ~-..- ._,-.. ~ ~ . DARLENE SPURLOCK, . . plaint!!:! . . . . V. . . ROBIN D. VOROUS and TONY E. . . VOROUS, De!endants . . 29 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95-1055 CIVIL TERM IN RE: PRETRIAL CONFERENCE At a pretrial conference held Wednesday, December 27, 1995, before the Honorable Harold E. Sheely, President Judge, present for the plaintiff was Richard A. sadlock, Esquire. The Defendants are being represented by James G. Nealon, III, Esquire~ however, Mr. Nealon has sickness in the family and he was not able to attend the pretrial conference. Attending the pretrial conference on behalf of the Defendants was a member of his firm, Deborah Cavacini, Esquire. This is a jury trial which should take approximately one and one half days to complete. It looks like the case is ready to go to trial. The plaintiff was a passenger in a motor vehicle that was being operated by Thomas Olszowka who was proceeding west in the left lane of u.S. Route 11 in Silver Spring Township. The Defendant was in the parking lot of the Super Shoes store, and he was intending to cross both westbound lanes of u.S. Route 11 and then head east on the eastbound lanes of u.S. Route 11. He attempted to do so, and as he was crossing the westbound lanes, a collision occurred between his vehicle and ". the vehicle in which Plaintiff was a passenger causing her injuries. Plaintiff is claiming the usual damages together with a claim for approximately $1,300.00 for medical bills which are recoverable in this lawsuit. The Defendant is not admitting liability although it would appear to me that he was attempting to cross a highway in which the other vehicles had the right of way, and he failed to yield the right of way under these circumstances. The Plaintiff has demanded $35,000.00 to settle the case. As of the pretrial conference date the insurance adjuster had not yet given any authority to the Defendants to make an offer. Plaintiff has two depositions yet to take before trial, and obviously it would save them a lot of expense if the offer at least could be made prior to the taking of those depositions. The Plaintiff now resides in South Carolina and Plaintiff's counsel has asked that as much notice as possible be given prior to the trial date, and it would be greatly helpful if a definite date could be set. By the Court, ... 0 '.t:' '.:"> ~; 0' ".1 '- :;~?; "'":"Jhl ...).- Ci':':::: :~~~~ ~:,: i . I c:i :l': ,., ."J I ~:-:L.. :.0 ::~ i;:H ....;.'...., .,. ,,ti:'> !-;,Cj f:? oln ;l~f.~: ..'I -.~ ~. ".-- ", ~ -. -< - ~~~\ ~~'\~ o IN THE COURT OF COMMON PLEAS. 17th JUDICIAL DISTRICT UNION COUNTY BRANCH. CIVIL ACTION NO. 95.212 THOMAS M. McCUTCHEON and } c....- c: JODV I. PETERSON, Indlvldually~ } (') - ~ .. r-" THOMAS M. McCUTCHEON, JR.. } - . tj 0 r.'\ " , ,- ;:eJ;; ..- . minor, by and through } . -, ,--..~ THOMAS M. McCUTCHEON, } ~,=':l , W C".... .,~' " t:._.'7'1 hi. fathar and natural guardian: and } ("'Ier- N ~, ,=' 0-;_" ... -l DUSTIN L. McCUTCHEON, } ~!=::= s: :(, . minor, by and through } :':I::'~ fi - "'0 L? ......, >- THOMAS M. McCUTCHEON, } ORDER en hi. father and natural guardian, } Plaintiff } } v. } } PATRICIA A. SCHULTZ, } Defendant } AND NOW, this 16th day of January, 1996, after pretrial conference, It Is hereby ordered: 1. Trial In the above-captioned matter shall be held March 18 and 19, 1996, beginning each day at 9:00 a.m. In the courtroom of the Union County Courthouse, Second Floor, 103 South Second Street, Lewisburg, Pennsylvania. 2. Voir Dire. 2.1 Voir dire for civil trials shall begin on February 12, 1996 at 10:30 a.m.' in the courtroom of the Union County Courthouse, Second Floor, 103 South Second Street, Lewisburg, Pennsylvania. , Time change due to anticipated criminal trials. , " '~ .'.. ., ,-:D- ..-';".':' '. " 2.2 Voir dire shall be conducted by counsel. supplemented as appropriate by the court. The COllrt will Introduce the casa end provide a very ebbrevlated summery of the fectual background or dispute. As a guideline for counsel. the normal voir dire consumes no more than 45 minutes, with each counsel asking epproximataly 10 quastlons in 15 minutes, end approximately 15 minutes consumed in the exchange of the list. Attorneys are expected to be familiar with the juror questionnaires, so that no additional time will be consumed during the list exchange for review of the written answars. Counselors who desire copies of the questionnaires shall make prior arrangements with the Court Administrator. Counsel Is not expected to ask any questions relative to hypothetical factual possibilities which might arise. nor to ask whether jurors can apply specific legal principles defined by counsel. Any such questions shall be submitted to the court and exchangad with other counsel at least 7 days prior to voir dire. Additionally. counsel who Intend to ask more than 10 primary questions, excluding necessary follow'up questions. shall submit the list of questions Intended to be asked to opposing counsel and the court at least 7 days prior to voir dire. 2.3 Prior to the commencement of civil voir dire, all prospective jurors will be asked by the court: 2.3.1 Whether any of the jurors or members of their Immediate families are employees or stockholders of a casualty or liability insurance company; 2.3.2 Whether any of the jurors or members of their Immediate families are or have been claims adjusters or egents or employees of agents of casualty or liability insurance companies. If counsel wishes to request any additional insurance-related questions. they shall submit such questions to opposing counsel and the court at least 7 days prior to voir dire. 2.4 Pursuant to pretrial conference and Pa.R.C.P. 211. the number of Jurors selected at voir dire shall be 12 with 2 alternates. At the time of trial commencement. In the event the full panel remains, the alternates shall be dismissed. If any original Jurors . have to be substituted. an initial panel of 12 Jurors shall be seated. Counsel for the parties have further stipulated that a verdict rendered by a jury panel of no less than 10 will be 2 , -, ~ ' accepted. In the event of 2 further juror dismissals during the course of tha trial. Thus the panel at tha Jury selection shall be 14. the panel seated to hear the case shall be 12 (without alternates), and 3 verdict will be acceptable so long as 10 Jurors remain at the conclusion of deliberations and delivery of the verdict. 3. Oponlng and Closing Statements. Opening statement shall be no longer than 20 minutes. unless extended by leave of court. Closing arguments shall be no longer than 30 minutes, unlass extended by leave of court. 4. Witnasses. Witnesses on direct examination shall be limited to those Identified in the pretrial memoranda of the parties. 5. Document and Exhibit Filing. At least 7 days prior to trial. the parties shall file: 5.1 Proposed jury Instructions (which may be supplemented at the close of trial tastimony If appropriate.) 5.2 Prenumbered exhibit list. summary descriptions of exhibits. On the day of trial, copies of all exhibits shall be submitted to the court. 5.3 In the event of a non-Jury trial. proposed findings of fact and law (which may be supplemented or amended at the close of the testimony). 5.4 Special verdict questions. If desired. 5.5 Unusual evidentiary issues. In the event any party anticipates unusual evidentiary Issues. a memorandum with supporting authority shall be submitted. 6. Conferences In Chambers. In the event any counsel requires conferences prior to testimony the day of trial. such conferences shall be scheduled thirty (30) minutes prior to the start of trial. Telephone notice to other party and the court shall be given as soon as practicable. 7. Stipulations. Counsel for the dafendant has agreed to the stipulated authenticity of the records listed in plaintiff's pretrial memoranda without prejudice to the opportunity to assert any other evidentiary objection to the records, If proposed to be admittad. f ! t' I ,. 3 ~ -:1 . .~ BY THE COURT: I h . ~~t~ Wayne A. Bromfle~, President Judge cc: Richard A. Sadlock, Esquire Stephen E. Gaduldlg, Esquire Court Administrator CEf\,.lflEO f~OM ,.l-IE : RECORO ON 1\'-1\5. M1E J~N 23- Of &a3l~gN8~~~J c~~~~~. p~ oOOlNt ,.l~NC" _ ~:~~ ~ , < - z Vl< <> UJ ....J ....J >- C. Vl Z ZZ :0: o UJ 0:: ~c. ~C O..:z UJ U>-<C...JC I--.J-Z U.z >< O~ I-:::IE: o UUJ I-UZ Cl 0:: 0Ll> ::;) CP..... Lon -' 021-0< Uc:(U___ -.J <C I c::: UJO::: Lnl- :I: UJ...J en 1-1:0_ >- :0:> '0:: Z=P~O::;) -UUZIJ ~ U o ....J 0:: => C. Vl UJ Z UJ ....J 0:: < C .... .... .~ ..... C .~ It> ~ C. UJ >- Z o ..... "t:l C It> Vl => o 0:: o > . > . C Vl Z=> _0 CD 0:: 00 0::> . . ....".j... AOIII,,'''I.CIU''lII. "". 001".0.. O)4~"'OJ"lY!""'" (7)/ VI ..... C It> "t:l C Q) .... Q) C o :0: UJ :0: ....J < - 0:: ..... I UJ 0:: C. Vl u.. u.. - ..... Z - < ....J C. ~ Ol r- ID eO .., .. ;:: ~ t: g~~ . ~ t:: 11115!z~ !.!~OZ ltOa:~ Oa:'" ;:oll~g 500iil ZZUl -MCC ~~~ . , . ".., I \ .~ ... - whiplash, cervicobrachial syndrome, cervical subluxation, a disc protrusion at CS-6 and disc bulge at C4-S. III. WITNESSES 1. Plaintiff; 2. Defendant, as on cross-examination~ Thomas Olszowka~ - \0" \ - .'-..' \ {J.' 3. 4. Walter peppelman, D.O., via videotape deposition; If' I~ ""...._ f-~> Samuel R. smith, D.C, via videotape deposition~ "IV ",'ocr r<d- '- S. 6. Michael G. Appleby, D.C., via deposition~ Edward Mitchell, Jr. ~ IV'"",-' dee" \.LLi 7. 8. Paul L. Myers~ and t' } "'\ _~,\ r~' {''''L~ l-t..~ , 9. Officer W. A. Burger, Jr. i" ,V"'..- plaintiff will supplement this list, if necessary, in a reasonable time prior to trial. IV. EXHIBITS 1. police Accident Report~ 2. Medical bills~ 3. Medical reports~ 4. Diagram of site~ and 5. Photographs of site. Plaintiff will supplement this list, if necessary, in a reasonable time prior to trial. . . V. LOOTH AT TRIAL lis to 2 days. VI. SBTTLJDlBNT IIBOOTIATIOHS Plaintiff demanded $35,000. To date, Defendant has not made any offer. ~---- har<!_A-.~sadlock, ESqu re . I.p~No. 47281 ~4503 North Front street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff Date: December 20, 1995 H_ MI~.' .O.;U" "'('i~.,,,.nll. OhftVOJ 0'."""'" 1YOl' Il,"-m Q en !::: z z .. ~ 0 ... 0: . ~ ... Z < c <( 0: ~ ~ ..J .. IaI 0 Ul ~ ~ I- .. ~ <( Z ~ 0 0.6 u Ul 0 z " >- 0: Z ..I c ... ... z ... ..I 0 Z J: D. .. IaI ~ II: 0: IS 3= oil 0 0 ... z II: C ... I- ::J 0 ?- M ..I ~ <( lD < ~ .. !!! U c M II: II: <( J: I I I " ~ ~ ~ DARLBNB SPURLOCK, Plaintiff v. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW I NO. 95-1055 CIVIL TERM I I I JURY TRIAL DEMANDED ROBIN D. VOROUS anc1 TONY E. VOROUS, Defenc!ants PRE-TRIAL M1lMnRANDUH OP THE DEPENDANTS I . BACKGROUND This civil action arises out of an automobile accident that occurred on September 25, 1993, at approximately 8:35 p.m., on S.R. 11 (Carlisle Pike), Silver Spring Township, CUmberland County, Pennsylvania. At that time and place, Defendant, Tony Eugene Vorous, was operating a 1990 Pontiac Grand Am. Mr. Vorous was in the parking lot of the .Super Shoes. store. Mr. Vorous intended to exit from the parking lot, cross the westbound lanes of the Carlisle Pike, turn left and head east on the Carlisle Pike. At the time of the accident, it was dark and rainy. A vehicle in the westbound lanes of the Carlisle Pike was stopped. The driver waived out the Defendant. As the Defendant was attempting to cross Route 11, he impacted with a vehicle being operated by Thomas Olszowka. The Plaintiff, Darlene Spurlock, was a passenger in the Olszowka vehicle. ., 1~. '-1',....."'_ I"'OU'" CT" C-mm......" -l...-~ ~T" ("'...- .'-:l"~-n-l ("....-..,'1 ?"'nr:~yl'I-"'I'- "' ~.. _..." ..,.. ~ __~ _ '-""'.__0<000'.'_' -- ......".,...,1 -..-.. ........ Darlene Spurlock VS. Tony E. Vorous 95-1055 Civil Term .~ .-- ~o. :O;ow, March 01. 1995 :'9--. 1. S-:-:--::aT-:-"::" ---- O::=' C~G:E:?.1.A.'lD cot..~':'!'. ?.-\... co h=:by d....::u= = sa::.a- oi PerrY Cwu:q ::t :::=::".1t: .~;ll ',V:::, ..~c ~::u=:!cu =~ -~..:- U :!:: ~ =.d :=~ of == ::n..:-:i. ~/'l ?/ ~ -r'-"- JP::;....,."-"~~ ~ ~ SlIe."l:! ~t C:=!:er'..u:ci C~Wlt7'. ?s. . .a. ~da.vit or Se..-n= ~OWt Mar. 3 !9 95 11:00 o'dea. .i ~[. 1::-'-= eo . .- . ,'0 == ,:"t:::D Complaint ~FOlI Tony E. Vorous .t perrv Co. Sheriff'R D~nt_. Bloomfield Bqro. New Bloomfield. PA by::u:C!:q:a Robin D. Vorous 3. true and attested =?T oi == o:=~ '_",t rnmp1:t1-tnt- :md -~~- !ccwu :0 her . .' :::.: .:::t::::s ::~:.-=t. So =we:. ;i'; ~ ?~ c..wur. l'~ Deputy .5hc::a' of Perry Swac :me! sai:sc:-:c.:: be:= = ::::3 J' I Q,! al 1'1.... /. COSTS ::~~.,,,.tC:Z ~l!I.Z.".GZ s lSl.u::.. A:: : UJA .vu ,k'..._ ~')'. s ,(/- 1- --... .. . . . / , DARLENE SPURLOCK, PlalntllT : IN TilE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ROBIN D. VOROUS and TONY E. VOROUS, Defendants : NO. 95-1055 CIVIL TERM : JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please enter my appearance on behalf of Defendant, Robin D. Vorous and Tony E, Vorous, only, in the above-captioned matter. Respectfully submitted, CALDWE~RNS BY:~ ~ ~ James G, Nealon, III, Esquire Atty. J.D. #46457 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Attorney for Defendant, Robin D. Vorous and Tony E. Vorous Dated: March 10, 1995 ':' - . CERTIFICATE OF SERVICE AND NOW, this 10th day of March, 1995, I hereby certify that I have served the foregoing Praecipe for Entry of Appearance on the following by depositing a true and correct copy of same in the United States mails. postage prepaid, addressed to: Richard A. Sad lock, Esquire Angino & Rovner 4503 North Front Street Harrisburg, P A 17110 ~~& James G. Nealon, Ill, Esquire Dated: March 10, 1995 ~.~_._...- ,'.-. ....-......--...-- -.,. .._-~" PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewrlllen and submllled In duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: (Check one) ( X ) for JURY trial at the next term of civil court. -- n'" C:"J- (" . . ( ) for trial without a jury. ;,:",'. -. ._ I', '-=: ,......,. -- --.----.----"--....... ...1: ,': '1,1. ....'(".-, , ;"' -,. :~o u...) .: '. _'~ -'1 ~ ~ ',' .' '"YT c::.. _: ,: .~ .:::.. VI ,... 'r', ~ - CAPTION OF CASE (entire caption must be stated In lull) (check one) Assl!mp!:lt :1 ,;. -< ~::' t...c:-; WI DARLENE SPURLOCK Trespass ( X) Trespalls (Motor Vehicle) ( ) (other) (Plalntlll) vs. " The trial list will be called on December 19 , 1995 ROBIN D. VOROUS and TONY E. VOROUS and Trials commence on January 16, 1996 Pretrials will be held on December 27, 1995 (Briefs are due 5 days belore pretrials.) (The party listing thlE. case lor trial shall provide lorthwlth a copy 01 the praecipe to all counsel, pursuant to local Rule 214.1.) (Delendant) VB. No. 95-1055 Civil 19__ Indicate the allorney who will try case lor the party who Illes this praecipe: Ri chard A. Sadl ock, Angino & Rovner, P.C., 4503 North Front Street, Harrisburg, PA 17110 (717) 238~6791 Indicate trial counsel for other parties II known: James G. Nealon, III. ESQui re. Ca 1 dwe 1 J & Kearns, 3631 North Front Street, HarrisburQ. PA 17110 (717) 232-7661 This case Is ready lor trial. Dale: November 1 , 1995 Signed: Print Name: lchard A. Sadlock, Esquire Allorney for: flainti Ff__________ 29. DARLENE SPURLOCK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V ROBIN D. VOROUS AND TONY E. VOROUS NO. 95.1055 CIVIL TERM ORDER OF COURT AND NOW, JANUARY 16, 1996, the above.captloned matter Is continued by agreement of counsel, at plaintiff's request. Counsel Is to rellst case when ready. By the Court, Richard A. Sad lock, Esq, For the Plaintiff ('0.0.. ~ ~~ (J:)~ \c..c:, \-\'-c-C\'-.o James G. Nealon, III, Esq. For the Defendant Court Administrator :br s ,,, ~ C'\ ..... !.- :::J ""Offi ~h ~~ !:U(~ :.;~ ..:-_ :1"1 - -~:r...: UJ.-;.. "-' Q ~b -0 ;i;~ :s ::J: ~:;;: "-(' ~8 ~ 0 ~ 0 ~ --.J (") .n 0 C C" '\I r '- ~ -n rjj ::.;.... .1. -:"'I mg.' _.~ -n ' #".., .~1 N '~~ ZC (/~ 0';': N -, . 1':>0 ~t) :.'".! ;-t~ ;;:0 - 0 ;;;:0 . ~ ...c (l? 5 ..' ~ ~ w ~ -.. < - Z VI< <> . -' UJ -' UJ CII < glii 0 -' >- .... .... - Q. VI .... >- e: "" - - Z .~ Z It> I- o ~ ... zz e .... 0 't:l I - o UJ l- e: l- e: UJ:e: e~!;;~ - ~Q. cv .~ ~ "" => '" I- Q It> 't:l Q. Q :;; 0 -:0: UJ ~ e: OJ Z !Ee;c~ U>-C(,....Q . Q. It> Q VI< CD t- -l .,... Z "" "" ca:1E . '" .....z >< u VI .....0 ~alI~le N o => I'_X 0 => .....:e: i' 0 UUJ -' 0 -UJ :SCcii! - l-uZ c "" "" I-:e: ~ "" Ol/l => 0 Z ZZCII ::JO_&n-l Q. > - -"'Ii! OZt-O<C VI < ~51< U<CU..-_ . -' -'< ''''' UJ Q . Q. ...;r UJ "" l/l I- Z VI :z:: UJ...J 0'\ UJ . Z => I-<D_ >- -' > -0 :e:> ."" "" <D "" Z~-O:) < 00 -UUZtJ Q ""> -.-. . ,. - . . FEn i l. 'J .~ -'~r, " , 'i ,'- whiplash, cervicobrachial syndrome, cervical subluxation, a disc protrusion at C5-6 and disc bulge at C4-5. III. WITllBSSJlS 1. Plaintit! ~ 2. Defendant, as on cross-examination~ 3. Thomas Olszowka~ 4. Walter Peppelman, D.O., via videotape deposition~ 5. Samuel R. Smith, D.C, via videotape deposition; 6. Michael G. Appleby, D.C., via deposition; 7. Edward Mitchell, Jr. 8. Paul L. Myers~ and 9. Officer W. A. Burger, Jr. plaintiff will supplement this list, if necessary, in a reasonable time prior to trial. IV . JlDIBITS 1. Police Accident Report~ 2. Medical bills~ 3. Medical reports~ 4. Diagram of site; and 5. Photographs of site. Plaintit! will supplement this list, if necessary, in a reasonable time prior to trial. ". v. LBlfO'1'll AT 'l'RIAL 1; to 2 day.. VI. SBTTLBKBRT HBOOTIATIOHB Plaintiffs last demand was $17,500; Defendant's last otfer was $7,000. Defendant has withdrawn its offer. ANGINO ~ ER, -- C~ ~ ReA. Sad ock, Esqu re .D. No. 47281 4503 North Front street Harrisburg, PA 17110 (717) 238-6791 Counsel tor Plaintiff Date: February 15, 1996 23. DARLENE SPURLOCK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBIN D. VOROUS AND TONY E. VOROUS NO. 95.1055 CIVIL TERM l I V ORDER OF COURT AND NOW, March 19, 1996, this case having appeared on the trial list for the week of March 18, 1996, but having been unable to be reached due to the length and number of cases being tried this week, It Is HEREP,Y ORDERED AND DIRECTED that the case be continued unlll the May 1996 trial term. The Prothonotary Is directed to rellst this case for the week of May 20, 1996. This case shall be given preference In scheduling. Counsel should appear at the call and at the pretrial as scheduled for that term. By the Court, ,,\ d'( (C- - Sv H rold E. Sheely, P.J. Richard Sad lock, Esq. For the Plaintiff :Jc ""\ (...O\>c6 "? _ :AD -<\ v James G. Nealon, III, Esq. For the Defendant Harold E. Sheely, P.J. :br '0' F.: ~':J'_C;:~'~~,;~. --,' {~ -: .' ", ~ :.I ,II .' I,i \: ';,\ ',j'l \;.\.:- .:; ,- Q III E z . ... ~ 0 ... II:: ;: ~ ... z <( . <( a: ~ . .J ... III 0 III lI:: . l- . ... ~ 0 <( z 16 u III 0 z " )- a: Z . .. .J . W OJ .J 0 z ~ II. ... III ~ II: a: 15 ~ U\ 0 0 w II: 0 .. I- z :J 0 ?- M .J . <( m <( . .. III U . I'l it II: <( :I: ~ ~ ~ .. .... .".f' lO,""",. 'I. nll9' #8 U". O'l m.o, OJ .~ "'Ql1I1u'l ,'" . , II. DAMAGES The Plaintiff did not start treating until almost one month following the automobile accident. Thereafter, Plaintiff complained of typical cervical soft tissue injuries. Defendant contends that the injuries are relatively minor. III. WITNESSES 1. Tony Eugene Vorous; 2. Ed Mitchell; 3. Paul Myers; and 4. Defendant reserves the right to call any witnesses identified through the course of discovery or identified in the Plaintiff's Pre-Trial Memorandum. IV. EXHIBITS 1. Medical records of the Plaintiff; 2. Photographs of the vehicles; and 3. Defendant reserves the right to use any other documents identified in the course of discovery. V. ESTIMATED LENGTH OP TRIAL One and a half days. VI. SETTLEMENT NEGOTIATIONS To date, Defendant has not made any offer. However, . CERTrFrCATE OF SERVrCE AND NOW, this 26th day of February, 1996, I hereby certify that I have served the foregoing Pre-Trial Memorandum of Defendants on the following by depositing a true and correct copy of same in the United States mails, postage prepaid, addressed to: Richard A. Sadlock, Esquire Angino & Rovner, P.C. 4503 North Front Street Harrisburg, PA 17110 ~ G. Neaht s G. Nealon, III, Esq. 63658-1 ,< Dt\TE: ~'.,;o. 'If.; CASE Kl. 'I . . <XlJRn(l(N II I Kl. 9"", lOSS CIVIL -TU__ ~\ l..(g~)Afrm\~\,'5J 'Jc~( ~ A _ 2.' 70 MlJl2R.8l'J JEUNE);1. j ~ F(Y 4.' 'Z 12At\ C (L I &f ACE:. (;. !LI 3S ~E:~WrrrrPt#\ ,P z- ~td€-~I:ISSE.LL~ I 7.' (Oq )}u(L(2)..y ~N~If. B.' 10 ~I Oa;. Au()€-e:r .b. d- . 9.11 -42. GA-rrtaJ ;!\AM.'1'L.1 t\l F. , w:. 54 JAfG05J ~ StJrl. . n.1I I ((P (jJrf11L~~L.Fe.eO L . 12.' r~ at') 5(; ) ~(G ~:3 . 13.11 34 -fi:(Z.1 t;:N8qucr~f\1\l( .r.:i 14.11 ltO 5.N[.L.-Yel'2 I l(Sn.A\JrJ f 15.11 8\ r~16S T f \-\ M ~Y D l6.' \ O~ 3PANC:r~ }JIAeua,'jt?~ 17.' \tCl W(L-S6N I A~ lB.' '2S ~oovE-iL C~~Yl- 19.' '3b E:oVVA~Dd. I ~f)Zf E. . 20..8Q l2.lfflrJ; 1iM~n-l'( ;t1. )/,. ~6 t:\NUNZIO) Juorn+ )J" ~ I S A1-t Tree- T ~1,,5 q;: ) . r - - -'- -,...... . '.') ,., , ' .: , I , , "' Cl II ll:~ 8 ~ 0 lIJ~~ It " >~j ~"'~ O~ ~ ~~ .u u ~~~ H5~~1 Zoz I!:II~ 0;;;0: "0~ .Jtl~ ~o:~ ~~<( ~ ~ ZL . II ~ II iE ~ :l: .. . . , -'T' -, , ' DARLENE SPURLOCK, Plaintiff V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : 95.1055 CIVIL TERM : JURY TRIAL DEMANDED ROBIN D. VOROUS and TONY E. VOROUS, Defendants PRAECIPE TO THE PROTHONOTARY: Please withdraw the appearance of Caldwell & Kearns previously filed In the above-captioned matter. CALDWELL & KEARNS ~, 0 By: "'J-- ' Timothy I ark, Esquire 3631 North nt Street Harrisburg, PA 17110 (717) 232-7661 Please enter my appearance on behalf of the Defendant In the above- captioned matter.