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Home My WebLink About95-01060 J c, J . -7 c j o ~ J 0 " 0 - , , r ~ ~ , , ,,-' ,), ,<,,"J: '."'" ;::;; ::f:":"-': .":,;,:,/"~:~:,,,/;,,-,,,,}'~':{" ,:: ",;:,:,.';.-.,,;,.,'.. >'::',,~";;'" ,:.- ':":,' ""'--,;:"",,, , :':,.t "",' ,', 'ii ," ,;:,. ,', :"''', ,:'>' "',:" ;"..,.,; "f, """ ;, ;::',;T~<::'\';>' . ;":::: <: '\ 'l;i ." ',.;"''; ;':; :<ci} of,'" ?;,;~(t ,'~:rr~t<f"'" ~if'''~'':;' ,':,;:~,}:!!;. :,<,' ,:;.':.::,:':": :.; >:;"::;~' T; .;; , " ,} ,/>:,.- ' j %,; , .. ,''-'. ,';" , '''.: :,:,.c ~.f:,';,~;;i)i: ~f{~i': ,..'::~,:>::', ;': : [,> .';: < .,:;::;: :~,;':, ,;~\'" , ' .' :,.\ ' .:, i.: ~, · " ,X' .:.'[;' c,;, ' " ' . ,': '" . ":.",.' ,";' .' ",' "'3 ..;~D1"}':::'~'~ ;,;~:', ',' ,':.': .,..,:" i!t .,.."".' ; "';' ",) ,~," '.1 . " ;;"7, ,." .- ;:,...:", ',y" " ,', ;';: , "':.'., . "',,:;,; >::, '., ",--"", ':,: . .".. , ; : ~~ . ~i:.~: :~Ri~)l -! ;::' ~~. s::c.; ,":;, .'c: ". '; , :' '" , """" ,,'c ,; ~~ , ',;. , <;:, " :':" '~.- , ""t:' ;',,:', :~,;::,:.:'t ".,.',,;,,;, .' 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'" J: ~ '-' ~ 'fJ ~c.; r1 ~ ~ :s '" rI.l I~!:l ffl ~s ~:5: U~;( ~~ IE OO:I:lIl~ o lil 0 Po.... ~ ~~~~~ ~ "Po~~~ ~ ~<Po r!J u 8 < rI.l . A~ONOH.1.0~d .................... .~~~~:~~.~~'~~~~... 'P'''6 l ,............A...................;1....... r':', E"" 4:" '0 . . . , , SAID IS, GUIDO, SHUFF & MASLAND 26 W, High S_t C",II,le, PA MARY ANN OLSON and RICHARD OLSON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 95- CIVIL TERM KIMBERLY BETH FOX, Defendant CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiffs, Mary Ann Olson and Richard Olson, by and through their attorneys, Saidis, Guido, Shuff & Masland, and aver the following: COUNT I 1. The Plaintiffs are Mary Ann Olson and Richard Olson, her husband, adult individuals who currently reside at 17 Fieldstone Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Kimberly Beth Fox, an adult individual , who currently resides at 48 Schoolhouse Road, Gardners, Cumberland County, Pennsylvania. 3. The events hereinafter complained of occurred on or about November 24, 1993 in Silver Spring Township, Cumberland County, Pennsylvania, upon Route 11 South in the vicinity of its intersection with Rich Valley Road. 4. The intersection of Rich Valley Road and Route 11 is controlled by a stop sign placed along Rich Valley Road. 5. At said time and place, Defendant was operating a 1993 Honda Civic. She was attempting to make a left-hand turn from the stop sign on Rich Valley Road into the northbound lanes of Route 11. . , SAlOIS, GUIDO, SHUFF & MASLAND 26 W, High Stn:e. Carlisle. PA 6. At said time and place, Plaintiff Mary Ann Olson was operating a 1993 Dodge Caravan along Route 11 South. 7. At said time and place, Defendant pulled her vehicle directly into the path of Plaintiff Mary Ann Olson's oncoming vehicle causing a violent collision. B. Plaintiff Mary Ann Olson's injuries and damages set forth herein were the direct and proximate result of the negligence of Defendant, then and there occurring. 9. Defendant was negligent generally and in the following particulars: a. Operating her vehicle in a reckless manner; b. Failing to yield the right-of-way; c. Failing to maintain a proper look-out; d. Failing to have her vehicle under proper control; e. Failing to stop before colliding with Plaintiff's vehicle; f. Failing to take action to avoid the collision with Plaintiff's vehicle; g. Failing to stop at the stop sign; and h. Failing to comply with the provisions of the pennsylvania Motor Vehicle Code relating to the operation of motor vehicles, specifically as it relates to the aforesaid acts of negligence. 10. As a direct and proximate result of Defendant's negligence, Plaintiff Mary Ann Olson sustained the following serious injuries (as defined under Section 1702 of the Pennsylvania Motor Vehicle Financial Responsibility Law, 75 Pa.C.S.A. S 1702), some or all of which may be permanent: 2 SAIDIS, GUIDO, SHUFF & MASLAND 26 W, Hiah Str<et eMIIII.. PA a. Undisplaced fracture of her right patella; b. Chondromalacia changes of her medial femoral condyle in the right leg. c. Cervical neck pain; d. Lumbar area pain; e. Aggravation of preexisting conditions in the cervical and lumbar areas as well as in her right leg; f. Shock and injuries to the nerves and nervous system; and g. Disfigurement. 11. As a result of the injuries aforesaid, Plaintiff Mary Ann Olson has been damaged as follows: a. She has suffered and will continue to suffer great pain, inconvenience, embarrassment, humiliation, mental anguish, discomfort and distress; b. She will be required to expend large sums of money for surgical and medical attention in excess of the required first party benefits under the Pennsylvania Motor Vehicle Financial Responsibility Law. 75 Pa. C.S.A. S 1701, et seq. c. She will be deprived of her earnings in excess of the required first party benefits under the Pennsylvania Motor Vehicle Financial Responsibility Law. 75 Pa. C.S.A. S 1701, et seq.; d. Her earning power has been reduced and permanently impaired; e. She has been and will be deprived of her ability to enjoy the pleasures of life. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of Twenty Five Thousand and 00/100 ($25,000.00) Dollars, which amount exceeds the limits !or compulsory arbitration under the Local Rules of this Court plus interest and costs. A JURY TRIAL IS DEMANDED. 3 COUNT II 12. The averments of paragraph 1 through 11 ahove are incorporated herein by reference. 13. As a direct and proxilOdte result of the negligence of Defendant as set forth above, Plaintiff Richard Olson has lost and will continue to lose the consortium, society, comfort and assistance of his wife, Plaintiff Mary Ann Olson. WHEREFORE, Plaintiff demands judgment against Defendant in an amount in excess of Twenty Five Thousand and 00/100 ($25,000.00) Dollars, which amount exceeds the limits for compulsory arbitration under the Local Rules of this Court plus interest and costo, A JURY TRIAL IS DEMANDED. Dated: eJl>-7/fS- MAS LAND SAIDIS, By:___ Edward E. Guido, Esquire Supreme Court 1.0. # 21206 26 West Hi~h Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiffs SAIDIS, GUIDO, SHUFF & MASLAND 26 W, Hlah Sll<cl CUII.I., PA 4 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. DATED: S..iJ6).1 '''1-\ ~ AJ ~ I Mary~~ 'o[;;n SAIDIS, GUIDO, SHUFF & MASLAND 26 w, Hlah Stn:el C",II.le,PA VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. DATED: ,J..!J.7 /7;;- ~~ Richard Olson I I i ! ; I I I , I ; " I i I I i I I \ I I f i' I i i I I SAIDIS, GUIDO, SHUFF & MASLAND 26 W, Hlsh SIl'CC1 Carlisle. PA SHERIFF'S RETURN CASE NO: 1995-01060 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OLSON MARY ANN & RICHARD VS. FOX KIMBERLY BETH TIMOTHY REITZ , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, that he served the within COMPLAINT upon FOX KIMBERLY BETH defendant, at 930:00 HOURS, on the 5th day of ADril 1995 at 60 SOUTH PIN OAK DRIVE BOILING SPRINGS. PA 17007 County, Pennsylvania, by handing to CINDY FOX. . CUMBERLAND MOTHER OF KIMBERLY BETH FOX a true and attested copy of the COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.08 .00 2.00 So answ~.,l?" 4~ ~,.. ,'.--~ . ."....... " ... -~ .'-,'-' I .;/~-'... ". ... '. / ...........- R. Thomas Kline, Sheri!! $30.08 ~DWARD GUIDO 04/06/1995 ~ ~ ..---:: .---:; ~~v ~A' by rJ-;~ /. ....?4- ;Deputy tfrn:! Sworn and subscribed to before me this II ~ day of a,....:J 19 r;{ A. D. (\ (), ;l1.d&~ Ak:&. ~ ~ Prothonotary-r'l the I, , I I' , i: . LAW OPPlCllS SAlOIS, G~" MASLAND 26 W, HIOH STlUlIlT CARUSLIl, PENNA, 1701l PHONB (717) 243-6222 CBRTIFIED COPY: .....-.. -'~.~"" MARY ANN OLSON and RICHARD OLSON, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-1060 CIVIL TERM KIMBERLY BETH FOX, Defendant CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in the above matter. Date: 4/3/95 '. ~.' ; ,", Respectfully submitted, SAlOIS, GUIDO, SHUFF & MASLAND BY:~ Edward E. Guido, Esquire Supreme Ct. 1.0. * 21206 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiffs SAIDIS, GUIDO, SHUFF " MASLAND 26 w, Hlab Stn:el Carli,le, PA ~ ~ E l4' ln' N: ..., :: ""'" , i !. ~ ~ ~#- ..'- I't-':'~ \t:('""._, w: ...~~ +.1: h. '~'~-1 l....:~-. . ,~~::. ..... .;:~ :~. >::: I,..~: 4 :;,.. Cl (:' - - ~ ~ Lon en - >-,.. .~ ..- .<1: r ,-. ,"I 1....1 !. --I ~ . _ _ (~z":~ '~]~i~1 ~'~~;~~}~ '.::; """4;.1 '" ~ <..0 .:z "" r- "" ... .....: - I ~! ~ ~~ e!~:8~~~~ IE r- ::i&: 0== ~~;::: ~9 ~=_~~ j~i ~c~~ Q I L. .' 95-023 LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive, Suite 706 Camp Bill, Pennsylvania 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant MARY ANN OLSON and RICHARD OLSON, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 95-1060 CIVIL TERM vs. KIMBERLY BETH FOX, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO TIlE PROTIIONOTARY: Kindly enter my appeamnce in the above captioned action on behalf of the Defendant, Kimberly Beth Fox. Respectfully submitted, By: nald'R. Dorer, EsqUire Attomey for Defendant Identification No. 39126 Date: April 13. 1995 II>> en - >-,.. "">- <.- "":":._1 lUC;'),:' ~~~: ""',.n ,"\ . :'or. L;.J~~ >,jU... ~ :lC" 0- ~ II'J N 0:> "l .. j<:?-..;, a: ~f...'l .... - - 1- ~! ~.~~ e=I:8:; l:!ij IE" i:!l:!E Q --C.,.. ~9=1I>:;:!:>o!Q :i~i ~C~!: 0.... = - . . . . . ,95'()23, LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive, Suite 706 Camp HIlI, Pennsylvania 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant MARY ANN OLSON and RICHARD OLSON, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 95-1060 CIVIL TERM vs. KIMBERLY BETH FOX, Defendant CIVIL ACTION . LAW JURY TRIAL DEMANDED DEFENDANT'S ANSWER TO PLAINTIFFS' COMPLAINT WITH NEW MA'ITER I. Admitted, 2. Admitted. 3, Admitted, 4. Admitted. 5. Admitted, 6, Admitted, 7, Admitted in part. Denied in part, It is admitted that, at said time and place, the Defendant pulled her vehicle directly into the path of Plaintiff Mary Ann Olson's oncoming vehicle, resulting in a collision. Any characterizations as to the nature or severity of such collision are specifically denied, 8, Denied, 9, Admilled in part. Denied in part, It is admilled that the Defendant was negligent generally, although the allegations set forth in paragraph nine (9), to the extent they may be deemed factual in nature, are specifically denied, 10, Denied, The Defendant is without sufficient infonnation to fonn a belief as to the truth or falsity of the allegations contained in paragraph ten (10) of Plaintiffs' Complaint. Therefore, said allegations are denied with strict proof thereof demanded at the time of trial if relevant, II. Denied. The Defendant is without sufficient infonnation to fonn a belief as to the truth or falsity of the allegations contained in paragraph eleven (II) of Plaintiffs' Complaint. Therefore, said allegations are denied with strict proof thereof demanded at the time of trial if relevant, COUNT n 12. Paragraphs one (I) through eleven (II), above, are incorporated herein by reference as though set forth in full, 13. Denied. The Defendant is without sufficient infonnation to fonn a belief as to the truth or falsity of the allegations contained in paragraph thirteen (13) of Plaintiffs' Complaint. Therefore, said allegations are denied with strict proof thereof demanded at the time of trial if relevant. 2 ~ - ,..~ ~;."" c......... ;;., <,:,~~: _J.: 1....:<.'4'-"""( ;.. ~r~' ~ "';oJ-:7'.;.l ,'-.t. f""",; -,". .It;.l'_-~ '_~ t.J t. ~ ~ . ._ J.~ . ~:~... Lo.~;; _ r.,:, -' = r.._ ,... Q M ,...., - :.:! = ~ ~ ~ - ~a 8 !i!!ii~:s: Ii: ~><~~;:$ ~ ~~~~~ ~ SO::C~~ :5 8~ii3g .. :El<ll. ~ u ~ rIJ , , .^', ", ; " .. SAIDIS. GUIDO, SHUFF & MASLAND 26 W, Iligh Street Cll1l1.le. PA .. MARY ANN OLSON and RICHARD IN THE COURT OF COMMON PLEAS OLSON, . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiffs . . V. . NO. 95-1060 CIVIL TERM . KIMBERLY BETH FOX, Defendant CIVIL ACTION - LAW REPLY ~O HEW MA~~ER AND NOW, comes plaintiffs, Mary Ann Olson and Richard Olspn, by and through their attorneys, Saidis, Guido, Shuff & Masland, and replies to Defendant's New Matter as follows: 14. Denied. The averments set forth in paragraphs 1-13 of the Complaint are incorporated herein by reference and made a part hereof. 15. Denied. The averments contained therein are conclusions of law to which no response is required. 16. Denied. The averments contained therein are conclusions of law to which no response is required. Date: 5" /; Itf~ F & MASLAND Respectfully submitted, By: Edward E. Guido, Esquire Supreme Ct. 1.0. . 21206 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiffs VERIFICATION Edward E. Guido, Esquire, hereby states that he is attorney for the Plaintiff and is authorized to verify that the statements made in the foregoing pleading are true and correct to the best of hiB knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsification to authorities. Dated: 5" tiff" fl Edward E. Guido, Esquire Attorney for Plaintiff SAlOIS, GUIDO, SHUFF & MASLAND 26 W, Hi,h 51.... CArlisle.PA - 95~23 ~ LAW OmCES OF DONALD R. DORER 3907 Hartzdale Drive, Suite 706 Camp HUI, Pennsylvania 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant MARY ANN OLSON and RICHARD OLSON, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 95-1060 CIVIL TERM vs. KIMBERLY BETH FOX, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ATIACH VERIFICATION TO THE PROTHONOTARY: Kindly attach the enclosed verification to the Answer to Complaint with New Matter previously filed with this Court, Respectfully submitted, onald R. Dorer, Esqu' Attorney for Defendant Identification No. 39126 - 9.5~23 LAW OFFICES OF DONALD R. DORER 3907 Bartzdale Drive, Suite 706 Camp Hili, Pennsylvania 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant MARY ANN OLSON and RICHARD OLSON, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 95-1060 CIVIL TERM vs. KIMBERLY BETH FOX, Defendant CIVIL ACTION - LAW JURy TRIAL DEMANDED VERIFICATION I, Kimberly Beth Fox. Defendant , verify that the statements made in the foregoing Answer to Complaint with New Matter which are within the personal knowledge of the undersigned, are true and correct, and as to the facts based on the iilfonnation of others, the undersigned, after diligent inquiry, believe them to be true. And further, this Verification is signed on the recommendation of my attorneys, who advise me that the allegations and language in this document are required legally to raise issues for resolution at trial, by the Court, or by continuing investigation and preparation for trial. I understood that some of these allegations may prove inappropriate after investigation and trial preparation are complete and I leave detennination of these matters to my attorneys on their advice. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S.A. fi4904, relating to unsworn falsifications to authorities. Dated:~i{. ~ Iqq~ g:mkAftj_ ~ iflL Kimberly Beth x, Defen 9S-m3 LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive, Suite 706 Camp Hill, Pennsylvania 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant MARY ANN OLSON and RICHARD OLSON, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 95-1060 CIVIL TERM vs. KIMBERLY BETH FOX, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire hereby certifies that he is the attorney for Defendant herein, and that he caused a true and correct copy of the attached Praecipe to Attach Verification to be selVed by regular first class mail upon: Edward E, Guido, Esquire Saidis, Guido, Shuff & Masland 26 West High Street Carlisle, PA 17013 Date: May 22. 1995 (/)l!~ Donald R. Dorer, Esquire Attorney for Defendant File No.: 95- 023 (Must be typewritten and submitted in duplicate.) TO THB PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case (check one): ..... I \ ~ ~ , . , ( x) for JURY trial at the next tenn of civil court. ( ) for trial without a jury. ."";:~ r~ "- !;OJ ( ) Assumpsit ';1 r~' . :. '.. ,;rID' , ~E; ;. ,_. Z. -1 ' -ox -' ;;oo~ z;~:rn 'I~c~rn =;.... -<"" -< - CAPTION OF CASB: (Entire Caption Must Be Stated In Full) (Chock One) W N <D -0 ::a:: ( ) Tresspass - C,Q -~ \, 1, l' MARY ANN OLSON and RICHARD OLSON, (plaintiffs) ( x) Trespass (Motor Vehicle) , i' i n " vs. ( ) (Other) KIMBBRL Y BBTII FOX, (Defendant) The trial list will be caned on October 17. 1995 Trials commence on November 13. 1995 Pre-trials will be held on October 25. 1995 (Bri.r. are duo 5 day. hefore pre-triall.) vs. (lbe plrty IIllina thi, c..e (or tri,1 &han provide forthwith. copy of the pnecipe 10.11 counael,punuanllo loc.1 Rulo 214..1.) (Additional Defendant) No. 95-1060 Civil 19 95 Indicate the attorney who will try case for the party who files this praecipe: Donald R. Dorer. BsQJ.lire. Attorney for Defendant. 3907 Hartzdale Drive. Suite 706. Camo Hill. Pennsylvania. 17011: (711) 731-0988. Indicate trial counsel for other parties if known: Edward B. Guido. BsQuire. Attorney for Plaintiffs. 26 West Hil!h Street. Carlisle. Pennsylvania. 17013: (711) 243-6222. This case is ready for trial. s;...., ~i~ IL e- Print Name: Donald R. Dorer. BsQuire Attorney for: Defendant Date: Aueust 14. 1995 MARY ANN OLSON and RICHARD OLSON, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. 95-1060 CIVIL TERM KIMBERLY BETH FOX, Defendant IN TRESPASS (M.V.) VERDICT We, the jury, find in favor of the plaintiff, Mary Ann Olson, and against the defendant, Kimberly Beth Fox, in the amount of: $ 25) DOO .(-,0 We, the jury, find in favor of the plaintiff, Richard Olson, and against the defendant, Kimberly Beth Fox, on a claim of Joss of consortium in the amount of: $ () _' \-15 -gG' Date 2'~ d'~~"-1 Foreman MTE: .IIILU~ axnmuJ4' L 1<<). 'i5 '{~o CIVIl. gI!!I'!~' II 1.' JUI<lt: ~-uF~MAN rooP-3 2.' PeNN ~ S, (~:lllJSSEPP' Lf 3 3.' JO~N Hoc 1It:=CZ- 51..\ 4.' - CONNI~ I=""rLL:!{ 3B )) 5 5.' ~L-~NO,e t;ef.LrJ 47 6.' DONNA-- ~NArp toy I.lI JOr~A'fftt! ~t::-V\J 1'3 f-d 8:'11 '2u $Sa.L I+"FI"' ) JC S 1 :v \ 9.' S I+Ae'(l.- ~O\lsG"(2. 55 10.' CoI\JSf1WCb'Wee. IO~ 11.' NhC~f)~L- ""D~ 30 12.' ~'{ }It.. f\;L-TOtJ 3'1 13.' L-ltJDA- FrNtJG 1-t1\6W-( 3D 14-;r-1:::ttrW IN PI :r, 00L..~ ~S f!. 'I 15.' ':e~'bt '(2 ~~ ~- c:'7 'J:> 2- 16.' :{IP(\f2.\C lit bL~tJy ~6 17.' fv~N1.p,rrS6W '72..- 18.... S()fJ1)e..P\ \ \O~A(4) 5b 1>--t 19.' ~l=\t~lYfC.A &os~er ' /irr P-I 20.' M~~A-f\J ~(E:.s. B Cj :n MA'~ (N G::- ~~e.\ c.\L 1 ;LJ . L, $Itlr -l1oeeN"EnZ- ~3 . . r - .-:.' ~ .-..- _. -' -. . . ~ 0 K;; M b <5 ~-' 0... ~- ~ :1:: U'"'. "" ...: >' ~t=; M ~~ ,:::; l.l.- ~;;: -' ~ ~~ u;:1.!' i5 Lol 0 -. u. -~ L'" ::> 0 en U . ~mRY ANN OLSON and RICHARD OLSON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. NO. 95-1060 C IL T"ffi LAW 11~ KIMBERLY BETH FOX, Defendant CIVIL ACTION fRE-TRIAL MEMORANDUM OF I. STATEMENT OF FACTS The acciden~ giving rise to this case occurred on November 24, 1993 at about 2:30 p.m. on Route 11 in Silver Spring Township, Cumberland County, Pennsylvania near the intersection of Rich Valley Road. The speed limit on Route 11 in that area is 55 miles per hour. The intersection of Rich Valley Road with Route 11 is controlled by a stop sign on Rich Valley Road. Plaintiff was operating a 1993 Dodge mini-van southbound on Route 11 at a speed of 50 miles per hour. Defendant was operating a 1993 Honda Civic on Rich Valley Road. She was stopped at the stop sign waiting to make a left hand turn to proceed northbound on Route 11. Defendant pulled out from the stop sign directly into the path of Plaintiff's vehicle causing the collision which gave rise to this action. II. DAMAGES Plaintiff sustained a fractured patella and cartilage damage SAIDIS, GUIDO, to the right knee, and a mild cervical strain. The cervical SHUFF & MASLAND strain healed without incident. The fractured patella forced her 26 w, High SIn:c1 Calli,I..PA to be on crutches and sleep in the living room for approximately six weeKs. During that time, she needed help with her household chores and her personal hygiene. In March of 1994 she had surgery to repair the cartilage damage in her right knee. Despite physical therapy, she continues to have constant aching and pain in the knee. According to her treating physician, the problems with her knee are permanent and will only get worse as arthritis dtlvelops. Plaintiff is a college graduate. After the birth of her first daughter eleven years ago, she and her husband reached the decision that Plaintiff would be a full time homemaker. Four years later they had another daughter. The continuing problem with her knee has severely limited her ability to participate in family activities with her husband and children. It has also affected her ability to perform her duties as a homemaker. All medical bills have been covered by plaintiff's first party btlnefits. She has no wage loss. Her only claim in this action is for non-economic damages. III. STATEMENT OF PRINCIPAL ISSUES OF LIABILITY AND DAMAGES There are no complicated legal issues in connection with the liability and damage positions of the parties. IV. WITNESS The plaintiff may call some or all of the following witnesses: -N~ SAtDIS, GUIDO, SHUFF & MASLAND 26 W, Hlah SlrCC' CIllIi.le,PA Mary Ann Olson Richard Olson Kimberly Beth Fox Dr. Ronald Lippe-- Odis Shultz Herman Shultz Walin Sloan (233-1620) Kathy Shanabrook (761-1606) Alan Shanabrook (761-1606) Myles Davis (232-2157) Walter Glutsog (231-1620) Lana McCaulley 2 SAIDIS, GUIDO, SHUFF & MAS LAND 26 W, High Street Carlille. PA Barbara Marsh Luann Niznik The Plaintiff incorporates by reference any witnesses listed by Defendant in her Pre-trial Memorandum or provided by Defendant in her discovery responses. V. EXHIBITS Plaintiff may introduce at trial some or all of the following exhibits: 1. Medical records for treatment of injuries sustained in the accident. 2. Medical reports for treatment of injuries sustained in the accident. 3. Pictures of the vehicles. 4. Pictures of the scene. 5. Police report. 6. Drawing of the Dcene. 7. Medical devices and appliance used by Plaintiff. IV. STATUS OF SETTLEMENT NEGOTIATIONS. Plaintiff has deman~d ~oo. Defendant has offered $10,000.00. 1 Date: /D/.)o("5 , Respectfully submitted, SAIDIS, GUIDO, SHUFF & MASLAND By' -~ Edward E. Guido, Esquire Supreme Ct. 1.0. # 21206 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff 3 CERTIFICATE OF SERVICE On this 20th day of October, 1995, I, Edward E. Guido, Esquire, hereby certify that I served a true and correct copy of the foregoing Pre-Trial Memorandum upon counsel for all parties of record via United States Mail, postage prepaid, addressed as follows: Donald R. Dorer, Esquire 3907 Hartzdale Drive Suite 706 Camp Hill, PA 17011 SAIDIS, GUIDO, SHUFF & MASLAND By: Edward E. Guido, Esquire SAtDlS, GUIDO, SHUFF & MASLAND 26 W, Hiah S.n:c. C",tillo.PA - I 15.. = '"~ != E=~I eQ~8-<~i:!~ E:=-=~i~i:!E o -< --c_ ~ 9=<11=:::.... :J~!i ~cE~ 0.., Q -' -4' 95'()23 . LAW OmCES OF DONALD R. DORER 3907 HARTZDALE DRIVE, SUITE 706 CAMP HILL, PENNSYLVANIA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEYS FOR DEFENDANT, KIMBERLY BE11l Fox MARy ANN OLSON AND RICHARD OLSON, PLAtNTIFFS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 95-1060 CIVIL TERM VS. KIMBERLY BETH Fox, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S EXIDBIT LIST I. Curriculum Vitae of Dr. Thomas K. Howard 2. Clinical Notes of Dr. Ronald Lippe 3. Harrisburg Hospital Operative Report, March 25, 1994 4. Right Knee X-ray Film ("Sunrise" View), Holy Spirit Hospital, November 24, 1993 5. Right Knee X-ray Film (Lateral), Holy Spirit Hospital, November 24, 1993 6. Right Knee X-ray Film (Lateral), Office of Dr. Ronald Lippe, January 12, 1994 7. Right Knee X-ray Film (Lateral), Office of Dr. Ronald Lippe, February 7, 1994 8. Right Knee X-ray Film (AP View), Office of Dr. Ronald Lippe, February 7, 1994 9. Right Knee X-ray Film (Lateral - Bent Knee), Office of Dr. Ronald Lippe, August 1, 1994 10. Right Knee X-ray Film (Lateral), Office of Dr. Thomas K. Howard, August 4, 1195 11. Right Knee X-ray Film ("Sunrise" View), Office of Dr. Thomas K. Howard, August 4,1995 12. Right Knee X-ray Film (AP "Open Notch" View), Office of Dr. Thomas K. Howard, August 4, 1995 13. Right Knee X-ray Film (AP View), Office of Dr. Thomas K. Howard, August 4, 1995 14. Bone Scan Film, Harrisburg Hospital, August 3, 1994 15. Bone Scan Film, Harrisburg Hospital, August 3, 1994 16. Transcript of Videotape Deposition of Dr. Thomas K. Howard, November 3, 1995 17. Videotape of Deposition of Dr. Thomas K. Howard, November 3, 1995 \ r " I I i' ! i I I I i I ! i I I I Defendant's Exhibits I through 15 were marked and identified during the videotape deposition of Dr. Thomas Howard on November 3, 1995. Exhibits 16 and 17 will be presented to the Official Court Reporter for marking and identification at time of trial. Any other exhibits which will be presented by the Defendant during the court of the trial will be presented to the Official Court Reporter for marking and identification. Respectfully submitted, nald R. Dorer utre Attorney for Defendant, Kimberly Beth Fox Identification No. 39126 Date: November 13. 1995 b v' d..o (7,.. - {)O~~ ()fJ4 ~ _,~"'..'" _~____",_,_,,__'___'_ ____ .u....M.. .. , __.__.._~..' ,,_"_"'" .,<...,.,.""~.__,_____~___'U"~__ ~. ._'...'_ --..-, ____.---L. 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DORER 3907 Hartzdale Drive, Suite 706 Camp HID, PennsylvanIa 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, KImberly Beth Fox MARY ANN OLSON and RICHARD OLSON, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 95-1060 CIVIL TERM vs. KIMBERLY BETH FOX, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT, KIMBERLY BETH Fox I. Please see Plaintiffs' Pre-Trial Memorandum. The Defendant, Kimberly Beth Fox, has previously conceded her sole and proximate negligence for the occurrence of the motor vehicle accident of November 24, 1993. II. ,FACTS REGARDING DAMAGES: The Plaintiff, Mary Ann Olson, sustained a linear, slightly comminuted, fracture to the inferior pole of the patella described by the Plaintiffs treating orthopaedic surgeon as a I mm displaced extra-articular transverse fracture of the inferior pole of the right patella. The Defendant will contend at trial, with respect to the issue of damages, that this patella fracture healed satisfactorily on or before March 21, 1994 as revealed by the Plaintiffs medical records, and any alleged injuries to her right knee on and after that date are not causally related to the subject motor vehicle accident. For the Court's benefit, a copy of a medical expert report prepared by Dr. Thomas Howard dated August 7, 1995 is attached hereto as Exhibit" A". III. 1SS1lE.S: nle amount of damages, if any, sustained by the Plaintiffs as a result of the subject motor vehicle accident. IV. None. V. Plaintiff, Mary Ann Olson (as on cross-examination) Plaintiff, Richard Olson (as on cross-examination) Defe Beth Fox Dr. Thomas Howard (Vid pe deposition scheduled to be conducted on November 3, 1995.) The e right to list and/or call such other and further witnesses as may be listed by the Plaintiffs, as well as any of those physicians who attended Plaintiff, Mary Ann Olson, upon reasonable notice to Plaintiffs' counsel. VI. EXHIBIl:S: 1. Records of Ronald M. Lippe 2. Records of Silver Spring Physical Therapy 3. Records of Holy Spirit Hospital 4. Records of Harrisburg Hospital VII. The Plaintiffs' last demand for settlement is in the amount of $47,500.00. The Defendant has offered $10,000.00. , HANOVER ORTHOPAEDIC ASSOCIATES, ~C. THO~ K. HOWARD. M,D, R. J~ES RINKER. M,D. J~ES H. EWSON. M.D, SAMUEL D. D'^GATA. M.D. ROBERT J. BISCHOFF. M.D. Pracllce Umlled TO onhopaedlc Surgery Nld Sporls Medicine PENN MEDICAL CENTER 100 Penn SlIeel Hanover. Pennsylvania 17331.1003 Telephone (717) 637-1077 1.8OQo353.OlJ80 (717) 637-6356 (^CCI, Info,l S.P.O.R.T. CENTER 307 Blooming Grove Road Hanover. Pennsylvania 1733109560 Telephone (717) 63:Z.5350 1-800-451-9363 (7171637-6356 <ACct. Inro.) August 7, 1995 Donald R. Dorer, Esquire 3907 Hartzdale Drive Suite 706 Camp Hill, PA 17011 RE: !ME - Mary Ann Olson Dear Mr. Dorer: Mary Ann Olson, a 45-year-old white female, was seen in my office on August 4, 1995 for an Independent Medical Examination at your request. Mrs. Olson states she was in her usual state of good health until an automobile accident nearly two years ago, November 24, 1993. At that time she was driving on the Carlisle Road in Mechanicsburg at approximately 55 mph when another car ran through a STOP sign and she hit it broadside. Her car was listed at $13,000 damage. Her airbags may have saved her life. She injured her right knee and neck. This occurred at about 2:00 p.m. She took care of her groceries in the car and later that evening went to Holy Spirit Hospital where she was seen, X-rayed, placed in a cervical collar and knee immobilizer. The neck X-rays showed mild disc space narrowing and degenerative changes at C6-7. The knee X-rays showed a linear, slightly comminuted, fracture through the inferior pole of the patella described by Dr. Lippe as a 1 mm displaced extra-articular transverse fracture of the inferior pole of the right patella. She saw Dr. Lippe, an orthopaedic surgeon, in Camp Hill two days later, November 26. He concurred with the diagnosis and treatment. He elected not to apply a cast but basically kept the patient in her soft collar on an as needed basis and used crutches nonweightbearing as well as the knee immobilizer intermittently. He followed the patient with X-rays on a weekly basis. . r' ,. r , Donald R. Dorer, Esquire RE: Mary Ann Olson August 7, 1995 Page 2 The patient remained in her knee immobilizer with the leg elevated, nonweightbearing on crutches through January 10 followed by weightbearing as tolerated. She remained on Voltaren for swelling and analgesics. She then went through rehab for a few weeks but it got worse. They note disuse atrophy but show, by measurement, swelling above and below the patella with 1.5 cm atrophy of the mid thigh. They also mention the patient complained of sciatica. Dr. Lippe's records of 217/94 indicate the range of motion is good and the fracture is healed in excellent position. At that time he started her on physical therapy. At the next office visit he noted medial jointline pain, which is not where the initial fracture was. This was March 21, the first time he mentions this, and it was six weeks following the last visit. At that time he recommended and proceeded with arthroscopic surgery. He was looking for an internal derangement, a cartilage tear, which was his preoperative diagnosis; and, in fact, this was not found at surgery. Rather, he describes in his operative note the undersurface of the patella having Grade I-II chondromalacia throughout which may in fact be normal for a woman of this age. The patient feels she improved following the surgery and could bend it better but still used crutches. She last saw Dr. Lippe in September 1994 at which time he said there was no use to return; she should give it some time. Since that time the patient really hasn't had any medical care but states that the knee bothers her constantly and has been a major incapacitator in her life. She has constant pain around the clock. She takes Advil tablets every 4-5 hours around the clock and uses a NordicTrak at the doctor's advice three times a week. She did get exercises from the therapist for her patella problem but admits she never does them. She doesn't wear a brace either. She states she is unable to do things with her 5 and 7 year-old and can't impact her leg, i.e. run. She can't carry laundry and walk regularly. She can't kick a soccer ball. These things increase her pain. She can't squat or kneel. She can't drive a car more than 30 minutes having had to have her husband take a day off to bring her in for her appointment. She complains the knee catches and grabs. She is afraid to press the brake on the car. It hurts mainly over the medial femoral condyle and beneath the patella. Past medical history is significant in that she had no previous injuries, operations or joint problems other than two C-Sections and a T&A. She has no significant allergies. HANOVER ORTHOPAEDIC ASSOCIATES, INC. PBNN MBDlCAL CBNTBlt S.P.O.R.T. CENTER 100 P~nn Slreet . IltHlO\,pr. PC'nnsylViJlUil I j~31.1 !m.", ;."07 13k:x~ Gm\l~ Rd . I-L-v'lO\'{"r. fffY1S)1\'ilrua 17331..f6G!l (717) li3,.1 ni7' 1.t\()n..~53.0()Hq t71 7)li32-5259' 1.H0CJ-451.n383 171 71Ii~17.fi:l:;(j t. \eel lnln j 17171 fi37.fi3!:in (:'eel Inlo I I , ' ... { Donald R. Dorer, Esquire RE: !ME - Mary Ann Olson August 7, 1995 Page 2 Examination shows a 5'6", 113 pound, alert, cooperative woman who gets up and stands and walk normally. She can hop on the left but will not hop on the right leg. She won't squat with the right leg. She has one-half inch measurable atrophy at the mid thigh on the right, none at the mid thigh and suprapatellar region on the right compared to the left. She has two well- healed arthroscopy portal incisions. She has tenderness over the lower pole of the patella and over the medial femoral condyle. She has a full 140+ degrees of flexion in both knees. full extension, no effusion and no ligamentous instability. X-ray, four views of the right knee including notch and patella views done at the time of her appointment show no bony abnormalities of the patella or knee joint with no evidence of any residuals from the fracture, good alignment of the patella in the sunset view and do show the previously mentioned 3x3 cm dense calcific bone infarct for which she had the bone scan done in the past in the central canal of the metaphysis of the distal right femur. IMPRESSION: 1) Status Post Healed Fracture Lower Pole Right PateUa 2) Cervical Strain COMMENT AND RECOMMENDATIONS: The effect of the cervical strain was gone in about three days. The fractured patella healed uneventfully without residuals as evidenced by the medical records before March 21. Her symptoms since that time are due to chondromalacia of the patella which is a fairly normal breakdown and wear of cartilage on the back surface of the patella not related to one traumatic incident; certainly not related to a fracture of the inferior pole of the patella whose energy was absorbed with the fracture and not causing generalized cartilaginous breakdown on the end of the femur and patella, which is a biologic condition of aging and not due to a single accident. At present the i'atient has very little or no disability and should be able to correct her residual quads. atrophy with diligent, progressive resistance exercises in which she was instructed. I would not restrict her activities at this time whatsoever. In fact, I would recommend corrective exercises. Her prognosis is excellent and I don't think she requires any treatment at present, which she has not had in the past year. nor will her condition deteriorate or worsen with time. HANOVER ORTHOPAEDIC ASSOCIATES, INC. PENN MEDICAL CENTElt S.P.O.R.T. CENTER 100 Penn Slrcel . Ilmlo\'(~r. Pf:-nnsylvalui1 173:11-1 O!U :"lfJ7 BIu nlil'~ rlm\'.... n(l . IlilrxJ\l'r. ",~)1\"Vllil I i331.usc,n (7171 OJ;-I 077' I.HfX").:!!'i:}.O!)Hn (71 j) 03;!.!'i2!in. Hi()().4:.1.93H:1 t'i I ';"1 fi~'7.fj:':if) 1;\CCl Inl,,) Ii I 7Ili:'7-1,:t'jjj I.\(TI Info I - (- . . Donald R. Dorer, Esquire RE: !ME - Mary ADD Olson August 7, 1995 Page 4 There is no evidence on the patient's history and physical or from examining her records that she sustained any other injury. In fact, the suspected cartilage tear in her knee was not found at arthroscopy and findings, I feel, were normal--consistent with her age. All of the above are within a reasonable degree of medical certainty. /~ . Thomas K. Howard, M.D. TKH/cly HANOVER ORTHOPAEDIC ASSOCIATES, INC. PENN MEDICAL CENTER S.P.O.R.T. CENTER 100 Pl"nn,Strecl . IlnnOV{Or. Pennsylvnnlil I 7331.1mn ~Oj I1kxYnir1:lGrO\l~ Hc:t . UiVlO\l'r. Pl111......yfviUua 17331.o5C,o (71 j) li3j.1 Oi7. ,.HOf)-:,!5:\-()f)KO Ij I 7\ 032.5250. 1.f-\(X).451.fl3R.."l 171 illi:l7.(i:t:iH I:\ITI Inlo I 17171 n:\7.fi:\:'ifj 1.\("('1 Il1fn I ] ~ u "" ;! 'tl 'tI "" ~ ~ I:l o III o-l o ! ~ i! . . ,jJ t ~lIol ICe! , ~ l> ~ ~ >- i ;! ~ o lIol III ,jJ I:l "" ~i lIol "" ,jJ 'M ~ ~ ~ Q ~ M rn Iii~a Y.l ~~~<~ o ~""'!;;Z~ IE o~:l:ffi;::- o ll:l 00.;::: ~ ao:c~;;-; <t ;::l . .",Z ...l ".o.~-o ow ...;1:1: ~ M<to. rn u ~ rn o-l "" ~ to) Q \D Q .- I III '" . o :z: . . ..' ; .. . the disfigurement she has suffered in the past as a result of this accident, and which she will continue to suffer during the future duration of her life. Pa. SSJI Civil S 6.01H. VII. 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 Civil S 6.011. VIII. The Plaintiff's spouse is entitled to be compensated for the loss of the injured party's services to him and the loss of companionship of his spouse. Pa. SSJI civil S 6.01L. IX. There has been evidence in this case that medical services were performed for the Plaintiff. However, you have received no evidence of the amount of the medical expenses. Such losses are not recoverable in this case. While you may consider the types of medical services performed in reaching a verdict on the other types of non-economic damages, such as pain and suffering, your verdict should not include any award for actual medical expenses or lost wages. Pa. SSJI civil S 6.02A. X. SAlOIS, GUIDO, SHUFF & In this case Defendant's physician has indicated that MASLAND 26W,IIIBhS'r<<' Plaintlff had a condition (chondromalacia of the patella) which Clllli.le.PA was not related to the accident. If you find that to be the case, you may still award Plaintiff damages if you find that the 3 injuries sustained in the accigent aggravated that pre-existing .- condition and resulted in/fhe symptoms of which she complains. Put anoth~r way, w ~rsonal injuries sustained in an accident ----- ()/-Pl ~ aggravate infirmity resulting for such damages may be recovered. in damages, Cinoota v. ,428 A.2d 600,200 Pa. Super. 117, (1981). Date: ,,113/1) Respectfully submitted, SAlOIS, GUIDO, SHUFF & MASLAND By: -~ Edward E. Guido, Esquire Supreme Ct. 1.0. # 21206 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiffs SAID IS, GUIDO, SHUFF & MASLAND 26 w, High 5"..,' Carlisle. PA 4 I. In civil cases such as this one, the Plaintiffs have the burden of proving those contentions which entitle them to relief. When a party has the burden of proof on a particular issue, their 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 Plaintiffs; 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 Plaintiffs, your verdict must be for the Plaintiffs. If the scales tip in favor of the Defendant, or are equally balanced, your verdict must be for the Defendant. In this case, the Plaintiffs have the burden of proving the following propositions: that the Defendant was negligent, and that the negligence of the Defendant was a substantial factor in bringing about the accident of November 24, 1993, and the hann alleged by the Plaintiffs arisljig therefrom. In this case, the Defendant has admitted that she was negligent, and that such negligence was the sole and proximate cause of the motor vehicle accident of November 24, 1993. However, the Plaintiffs have the burden of proving that the injuries alleged by Plaintiff, Mary Ann Olson, were caused by the motor vehicle accident of November 23, 1993. 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 Plaintiffs. Otherwise, your verdict should be for the Defendant. Pennsylvania Standard Jury Instructions (Civil) ~5.50 {f 4. You will recall that Dr. Ronald Lippe gave testimony as to his qualifications as an expert in the field of orthopaedic surgery on behalf of the Plaintiff. Similarly, Dr. Thomas K. Howard testified as to his qualifications as an orthopaedic surgcon on behalf of the Defendant. 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 detennining 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. Pennsylvania Standard Jury Instructions (Civil) ~5.30 G: ~ 6. In resolving any conflict that may exist in the testimony of expert witnesses, you are entitled to weigh the opinion of one expert against that of another. In doing this, you should consider the relative qualifications and reliability of the expert witnesses, as well as the reasons for each opinion and the facts and other matters upon which it was based. Pennsylvania Standard Jury Instructions (Civil) ~5.33 & 10. The Plaintiffs are entitled to recover damages for all injuries which the Defendant's negligence was a substantial factor in producing. The Defendant's negligence need not be the sole cause of the injuries; other causes may have been contributed to producing the final result. The fact that some other factor may have been a contributing cause of an injury does not relieve the Defendant of liability, unless you find that such other cause would have produced the injury complained of independently of his negligence. Even though prior conditions or concurrent causes may have contributed to an injury, if the Defendant's negligence was a substantial factor in producing the injury, the Defendant is liable for the full amount of damages sustained, without any apportionment or diminution for the other conditions or causes. Pennsylvania Standard Jury Instructions (Civil) A6.30. The Defendant's negligent conduct may not be found, however, to be a substantial cause of the hann alleged by the Plaintiffs when the Plaintiffs injury would have been sustained even in the absence of the Defendant's negligent con~ Hamil v. Bashline, 481 PD. 256, 265, 392 A.2d 1280, 1284 (1978) ~. 11. Pain and suffering, like any other item of damage, must be causally related to the accident in order to be recoverable. Pennsylvania Trial Guide (Civil), 2D REVISED edition, 1978 (fi37.21) C- 12. You should not aI/ow sympathy, emotion or prejudice to influence your deliberations. You should not be Influenc~to'1nything other than the law and the evidence in the case: Pennsylvania Standard Jury Instructions (Civil) ~20.00 c 9Hl23 LAW OFFICES OF DONALD R. DORER 3907I1ARTZDALE DRIVE, SUITE 706 CAMP HILL, PENNSYLVANIA 17011 TELEPHONE NUMBER: (717) 731-0988 ATTORNEYS FOR DEFENDANT, KIMBERLY BE11f Fox MARY ANN OLSON AND RICHARD OLSON, PLAINTIFFS IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 95-1060 CIVIL TERM VS. KIMBERLY BEm FOX, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire hereby certifies that he is the attorney for Defendant herein, and that he caused a true and correct copy of the attached Defendant's Suggested Points for Challe to be hand delivered at the Cumberland County Courthouse during the trial tenn beginning on November 13, 1995 to: Edward E. Guido, Esquire Saidis, Guido, Shuff & Masland 26 West High Street Carlisle, PA 17013 Date: November 13. 1995 Donald R. Dorer, Esquire Attorney for Defendant, Kimberly Beth Fox MARY ANN OLSON and RICHARD OLSON, Plaint! ff 11 Hoffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLY BETH FOX, Defendant IN TRESPASS (M.V.> 95-1060 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held before the Honorable George E. Hoffer, Judge, on Wednesday, October 25, 1995. In this auto accident case, Edward E. Guido, Esquire, represents the plaintiff, and Donald R. Dorer, Esquire, represents the defendant. Liability is admitted by the defendant. The only issue in this trial, which should be completed in one day, will be damages for injuries which include a fractured patella. Both sides will present one doctor by video deposition which is already scheduled to be taken on both sides. Plaintiff's counsel is unavailable for trial on the last day of the court week, Friday. November 17, 1995. By the Court, J . Edward E. Guido. Esquire For the Plaintiff Donald R. Dorer, Esquire For the Defendant Prothonotary Court Administrator :mtf ,- ~ c: "'t1~ . ~r"';ll':_ ,-.....- :Z ';t..l ~., ,.... Vt'- :~C' -c~ ~~o Co ';0-:::"" N .....~.,~ '''> Z"',Z.'"") i:~. _~.. ~ ~:~ ....~ . - 0" 0< c..c U'1