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HomeMy WebLinkAbout95-01600 & (.. ~ ~ e>:- . -7 ...1 - ~ . ~ I I ~ l f ~ ~ J . 8i ~I I -, .. .. . ..i' Z .. . STEFANON &: GLACE 407A~~~~~1rr ORIGtNAl' POST OPFlCE BOX 12027 HARRISBURG. PENNSYLVANIA 17108-2027 " . . ~ TRUDELL V. MAGNELLI and LINO A. : IN THE COURT OF COMMON PLEAS MAGNELLI, her husband, : CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs . . : CIVIL ACTION LAW v. . Cu..J Je.(,~ . q5 - /~OD . NO. . RICHARD J. PATTERSON, M.D., . . Defendant . JURY TRIAL DEMANDED . PRAECIPE FOR ISSUANCE OF WRIT OF SUMMONS TO THE PROTHONOTARY: Issue a Writ of Summons in the above captioned action against Defendant Richard J. Patterson, M.D., and deliver that Writ to the Sheriff for service at the address set forth below: RICHARD J. PATTERSON, M.D. 875 Poplar Church Road Camp Bill, PA 17011 By Street 17108-2027 DATE: ~-l9 .~S 407 .. . '~'~~l_:~~~;'~;:i,';~~-f~".:: " ,.: ~','~::,~ ;'~~.:","~,./:.~:'t.- PRONTSTREET ORI G' 1t.1'.A"'lli..:1,. ,;," OPPICE BOX 12027 . .1.\.......' ,". "'0;: 1.. . PENNSYLVANIA 17108-2027 . '~!'.;~. ",,',"::;; .. ': - ~':<~-,~~ ->?':;t.~.,::'.~f'; ;,:i.,-}:_.... - ,,' .. ':::-" '. ii,. oC,',_",. ,.;..:,':;" -,,: :_~,~_ ,,;"",- w.~t.-~.., . - -, <\~"j::t: ~;.,' .n' - _....~,,,. '. TRUDELL V. MAGNELLI and LINO A. . IN THE COURT OF COMMON PLEAS . MAGNELLI, her husband, I CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs . . . CIVIL ACTION LAW . v. . . . NO. 95-1600 . RICHARD J. PATTERSON, M.D. , . . Defendant . JURY TRIAL DEMANDED . NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered againsL you by the Court without furt11er notice for any money claime" ir. the Complaint or for any othet:" claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT ImVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CM GET LEGl\L HELP. COURT ADMINISTRATOR CUMDER~lD COUNTY COURTHOUSE ONE COURTHOUSE SQUARE 4TH FLOOR CARLISLE, FA 17013 (717) 240-6200 '!'RUDELL V. MAGNELLI and LINO A. : IN THE COURT OF COMMON PLEAS MAGNELLI, her husband, : CUMBERLAND COUNTY PENNSYLVANIA Plaintiffs : : CIVIL AC'rION J,AW v. : : NO. 95-1600 RICHARD J. PATTERSON, ~I.D. , . . Defendant . JURY TRIAL DEMANDED . COMPLAINT 1. Plaintiffs TRUDELL V. MAGNELLI and LINO A. MAGNELLI, are adult individuals, husband and wife, who reside in the city of lIarrisburg, Dauphin County, Pennsylvania. 2. Defendant RICHARD J. PATTERSOlf, M. D. , (hereinafter Dr. Patterson) is an adult individual; a licensed practitioner of the healing arts; a medical doctor speciali:dng in the field of orthopedic surgery; with officen or principal place of business located at 875 poplar Church Hoad, Camp lIill, Cumberland County, Pennsylvania 17011. 3. On or about February 4, 1993 Plaintiff Trudell V. Magnelli (hereinafter Mrs. Magnelli) came under the care and treatment of Ur. Patterson fo~ a painful condition of her right foot. 4. Mrs. tlagnelli had injured her right foot \'lhen she twisted her foot: while dt!occnding a stairway in ,1anuary of 1993, cllusing a dislocation of the second metatarsophalangeal joint: of the right foot. 1 5. Prior to this traumatic dislocation of the second toe of the right foot, Mrs. Magnelli had not experienced pain, difficulty in walking, abnormality of gait, inability to wear standard shoes, or any other symptom or complaint. 6. In addition to the dislocation of the second toe of the right foot, Mrs. Magnelli suffered from a severe hallux abducto valgus deformity of the great toe of the right foot. 7. On April 2, 1993, Dr. Patterson performed surgery upon the right foot of Mrs. Magnelli in the nature of a "Mann procedure" for correction of the deformity of the great toe and a fusion with K- wire fixation to correct the dislocation of the second toe. 8. Dr. Patterson was negligent in his care and treatment of Mrs. Magnelli in each of the following respects: (a) He failed to advise Mrs. Magnelli that the dislocation of her second toe was the source of the painful condition of her right foot from which she suffered; and (b) He failed to advise Mrs. Magnelli that the dislocation of the second toe could be repaired surgically or non-surgically without intervention or repair of the deformity of the great toe; and (c) He failed to properly perform the reduction of the dislocation of the second toe in that he attempted to immobilize the surgical correction using a K- wire which was improperly placed in the second toe; and (d) He elected to correct the deformity of the great toe utilizing the "Mann procedure", which surgical procedure was contraindicated for a patient with the degree of deformity suffered by Mrs. Magnelli; and (e) He failed to make an accurate diagnosis of the deformities present in the right foot of Mrs. Magnelli and failed to select appropriate operative 2 procedures intended to correct those deformities; and (f) He failed to provide for post-operative bandaging and support of the right foot which bandaging and support may have maintained the degree of correction which was achieved during the surgery; and He failed to obtain intra-operative and post- operative x-ray examinations to determine whether the K-wire pin in the second toe had been properly placed; and He undertook to repair the deformity of the great toe which repair was unnecessary to relieve the pain suffered by Mrs. Magnelli. (g) (h) 9. As the result of the aforesaid negligence of Dr. Patterson, Mrs. Magnelli has suffered a recurrence of the deformity of the great toe of her right foot, and a recurrence of the dislocation of the second toe of her right foot, which has left her foot in a condition as bad as, if not worse than, the condition in which it was prior to Dr. Patterson's surgery. 10. As the result of the aforesaid negligence of Dr. Patterson, Mrs. Magnelli underwent surgery on April 2, 1993 which surgery was unnecessary, inappropriate, and destined to failure, and which surgery caused her to suffer pain, aggravation, inconvenience, temporary and permanent disability, and the loss of life's pleasures, and to incur expenses for the surgery itself, and for her post-operative care. 11. As the result of the recurrence of the deformities to her right great toe and second toe, Mrs. Magnelli has suffered pain, suffering, aggravation, inconvenience, temporary and permanent disability, the loss of life's pleasures, and had incurred and will 3 continue to incur expenses for the care and treatment of those deformities. 12. Since the time of the surgery performed by Dr. Patterson, Mrs. Magnelli has constantly suffered and swelling of her right foot accompanied by anxiety, mental and physical anguish, and deterioration of the quality of her life in general. 13. As the result of the negligent surgery performed by Dr. Patterson, Mrs. Magnelli will require extensive reconstructive surgery to repair the deformities of her right foot, and the likelihood of success of that reconstructive surgery is significantly diminished because of the damage to the bones and tissues involved in the joints, caused by the inappropriate and negligent performance of Dr. Patterson's original surgery. 14. Mrs. Magnelli has incurred, and will continue to incur in the future, medical expenses; loss of earnings; and loss of earning capacity as the result of the injuries and damages suffered as aforesaid. 15. The injuries and damages about which Plaintiffs complain herein were caused by the aforesaid negligent acts and omissions of Dr. Patterson. 16. Dr. Patterson was negligent in the care and treatment of Mrs. Magnelli in that he failed to have and use the same knowledge and skill, and to exercise the same care as that which is usually had and exercised by practitioners in his field, in each of the particulars set forth in the foregoing paragraphs. 17. Plaintiff Lino A. Magnelli has suffered the loss of the 4 " services, society, comfort, and companionship of his wife, which damages will continue to occur in the future. WHEREFORE, Plaintiffs demand judgment against Dr. Patterson for damages in an amount in excess of $20,000.00, which amount exceeds the limit for compulsory arbitration under the Local Rules of the Court of Common Pleas of Cumberland County Pennsylvania, plus interest and costs of suit. DATE: 7,-~/-c;C;-- Street 17108-2027 5 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing Complaint are true and correct to the best of her knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa C.S.A. S 4904 relating to unsworn falsification to authorities. crc"hJJ v, h~LliL.' TRUDELL V. MA ELLI DATE: '3 - -:29 -9~- <> g...., ..: :,0;: ~'.~' ("'I'lr::. ,.. .,. ~ '-~; t~ ~ ; .:'" :: :;z~~: ., -.?;n ~. ,,; ~i tr, .t',.. -.::r- 1-. =- ... :.. <.o.J w U1 0:> -0 = - c.o U"I x=- ." ."X1 "-, -.J N N .:;.- ., -0 :x .- < C.D c..n ~--- '-_. .--:-- --" ... ~ ~ . -..- MICHAEL W. McGUCKIN & ASSOCIATES, BY: Michael W. MCGuckin Identification No. 49464 Leigh A. J. Ellis Identification No. 53229 1850 William Penn Way suite 209 P.O. Box 10696 Lancaster, PA 17605-0696 (717) 390-3020 P.C. 60,336 Attorneys for Defendant: Richard Patterson, M.D. TRUDELL V. MAGNELLI and LINO A. MAGNELLI, her husband . . . . COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 95-1600 Civil Term v. : . . RICHARD J. PATTERSON, M.D. . . TWELVE JURORS DEMANDED RULE TO FILE COMPLAINT AND NOW, this 3/ ,l day of )1t /. d' , 1995, a Rule is hereby granted upon Plaintiffs to file a Complaint against defendant, Richard Patterson, M.D., herein within twenty (20) days after service hereof or suffer the entry of a JUdgment of Non Pros. " = ,,- -< <....: u) '" .... " -";- .' ...; c.n ... " ~ . - , ~..... MICHAEL W. McGUCKIN & ASSOCIATES, BY: Michael W. McGuckIn Identification No. 49464 Leigh A. J. Ellis Identification No. 53229 1850 William Penn Way suite 209 P.O. Box 10696 Lancaster, PA 17605-0696 (717) 390-3020 TRUDELL V. MAGNELLI and LINO A. MAGNELLI, her husband P.C. 60,336 Attorneys for Defendant: Richard Patterson, M.D. COURT OF COMMON PLEAS CUMBERLAND COUNTY v. No. 95-1600 civil Term RICHARD J. PATTERSON, M.D. TWELVE JURORS DEMANDED ANSWER AND NEW MATTER OF DEFENDANT, RICHARD J. PATTERSON, M.D. TO PLAINTIFFS' COMPLAINT 1. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph one (1), and therefore, demands strict proof thereof at trial, if relevant. 2. Admitted. 3. Denied as stated. It is admitted that on February 4, 1993, Plaintiff, Trudell V. Magnelli, presented to Dr. Patterson's office with a chief complaint of right foot pain. The history taken, the physical examination performed and the impression are contained in a letter to Greg R. Ehgartner, D.O., dated February 5, 1993, which speaks for itself and is incorporated in its entirety as an answer to the corresponding paragraph of the plaintiffs I Complaint. 4. Denied as stated. See the history taken by Dr. Patterson and documented in his letter to Dr. Ehgartner, dated February 5, 1993. It is admitted that plaintiff-Wife related a history of twisting her right foot coming down steps about a month prior to that visit. Dr. Patterson's physical examination showed a metatarsus primus varus with a significant bunion deformity and marked hallux valgus as well as a second metatarsophalangeal joint dislocation. 5. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph five (5), and therefore, demands strict proof thereof at trial, if relevant. 6. Admitted. It is also noted that the great toe underlapped the second toe with clawing of the second toe which produced a dislocation of the second MTP joint. 7. Admitted. 8(a-h). It is specifically denied that Defendant, Richard J. Patterson, M.D., was negligent and careless in any manner in the care and treatment of Plaintiff. All other allegations are denied as conclusions of law. It is specifically denied that Richard J. Patterson, M.D. was negligent in the following respects: "(a) He failed to advise Mrs. Magnelli that the dislocation of her second toe was the source of the painful condition of her right foot from which she suffered; and (b) He failed to advise Mrs. Magnelli that the dislocation of the second toe could be repaired surgically or non-surgically without intervention or repair of the deformity of the great toe; and . (c) He failed to properly perform the reduction of the dislocation of the second toe in that he attempted to immobilize the surgical correction using a K- wire which was improperly placed in the second toe; and 2 (d) He elected to correct the deformity of the great toe utilizing the "Mann procedure", which surgical procedure was contraindicated for a patient with the degree of deformity suffered by Mrs. Magnelli; and (e) He failed to make an accurate diagnosis of the deformities present in the right foot of Mrs. Magnelli and failed to select appropriate operative procedures intended to correct these deformities; and He failed to provide for post-operative bandaging and support of the right foot which bandaging and support may have maintained the degree of correction which was achieved during the surgery; and (f) (g) He failed to obtain intra-operative and post- operative x-ray examinations to determine whether the K-wire pin in the second toe had been properly placed; and He undertook to repair the deformity of the great toe which repair was unnecessary to relieve the pain suffered by Mrs. MagnellL II (h) 9-10. Denied. It is specificallY denied that Defendant, Richard J. Patterson, M.D., was negligent and careless in his care and treatment of Plaintiff-Wife. To the contrary, Defendant, Richard J. Patterson, M.D., was at no time negligent and tended to the plaintiff competently in accordance with accepted standards of care consistent with the standards of the medical profession within the community. Moreover, the allegations contained in paragraphs nine (9) and ten (10) are conclusions of law to which the pennsylvania Rules of civil procedure require no responsive pleading, are therefore denied, and strict proof is demanded at trial, if relevant. Additionally, all allegations of causation and consequential injury are specificallY denied as improper legal 3 conclusions and strict proof is demanded at trial. with respect to plaintiff's allegations of injury, after reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraphs nine (9) and ten (10) and therefore, demands strict proof thereof at trial, if relevant. 11-12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraphs eleven (11) and twelve (12), and therefore, demands strict proof thereof at trial, if relevant. 13-14. Denied. It is specifically denied that Defendant, Richard J. Patterson, M.D., was negligent and careless in his care and treatment of Plaintiff-wife. To the contrary, Defendant, Richard J. Patterson, M.D., was at no time negligent and tended to the plaintiff competently in accordance with accepted standards of care consistent with the standards of the medical profession within the community. Moreover, the allegations contained in paragraphs thirteen (13) and fourteen (14) are conclusions of law to which the Pennsylvania Rules of civil Procedure require no responsive pleading, are therefore denied, and strict proof is demanded at trial, if relevant. Additionally, all allegations of causation and consequential injury are specifically denied as improper legal conclusions and strict proof is demanded at trial. With respect to plaintiff's allegations of injury, after reasonable investigation, Defendant is without knowledge or information sufficient to form a 4 belief as to the truth of the averments in paragraph thirteen (13) and fourteen (14) and therefore, demands strict proof thereof at trial, if relevant. 15-16. Denied. The allegations contained in paragraphs fifteen (15) and sixteen (16) of the Complaint are conclusions of law to which the Pennsylvania Rules of civil Procedure require no responsive pleading, are therefore denied, and strict proof thereof is demanded at trial, if relevant. 17. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments in paragraph seventeen (17), and therefore, demands strict proof thereof at trial, if relevant. WHEREFORE, Defendant, Richard J. Patterson, M.D., respectfully requests that this Court grant judgment in his favor and against the Plaintiffs on the Complaint, together with costs, expenses and attorney's fees. NEW MATTER 18. Defendant, Richard J. Patterson, M.D., incorporates herein by reference the averments contained in paragraphs one (1) through seventeen (17) of the foregoing Answer as if fully set forth herein. 19. The Plaintiffs' complaint fails to state a claim upon which relief can be granted. 20. plaintiffs' claims are barred in whole or in part by the doctrines of contributory/comparative negligence and assumption of risk. 5 -~ 21. Plaintiffs have not sustained any injuries cognizable under Pennsylvania law as a consequence of answering Defendant's alleged action. 22. Plaintiffs' claims are barred in whole or in part because Plaintiffs' alleged injuries, if any, were not caused by the actions of Defendant, Richard J. Patterson, M.D.. 23. Plaintiffs' claims are barred because the Plaintiffs have sustained no injuries in fact. 24. Plaintiffs' claims are barred by the applicable statute of limitations. 25. Plaintiffs have not alleged facts sufficient to support their allegations of negligence. 26. Plaintiffs' allegations are vague and insufficiently pleaded under Pennsylvania law. WHEREFORE, Defendant, RichardJ. Patterson, M.D., respectfully requests that this Court grant judgment in his favor and against the Plaintiffs on the Complaint, together with costs, expenses and attorneys' fees. Respectfully submitted, --.-.-.-.".--- MICHAEL W. McGUCKIN & ASSOCIATES, P.C. MICHAEL LEIGH A. Attorne Richard By: 6 60,336 VERIFICATION Richard J. Patterson, M.D., hereby states that he is a Defendant in this action and verifies that the statements made in the foregoing Answer and New Matter to Plaintiffs' Complaint are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Dat.d, ~~ I' /11" BY: RICHARD J. PA. .IIY D- TRUDELL V. MAGNELLI and LINO A. MAGNELLI, her husband, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA v. CIVIL ACTION LAW NO. 95-1600 RICHARD J. PATTERSON, M.D., Defendant JURY TRIAL DEMANDED PLAINTIFFS' REPLY TO NBK MATTER AND NOW come Plaintiffs above named, by their Attorney, Anthony Stefanon, and reply to the New Matter of Defendant as set forth in the following paragraphs: 18. This paragraph contains no averments of fact to which Plaintiffs may reply. 19. Denied. The averments of this paragraph are conclusions of law requiring no answer by Plaintiffs. 20. Denied. The averments of this paragraph ar.e conclusions of law requiring no answer by Plaintiffs. By way of further answer, Plaintiffs specifically deny any contributory or comparative negligence and any voluntary assumption of any known risk whatsoever. 21. Denied. The averments of this paragraph are conclusions of law requiring no answer by Plaintiffs. 1 22. Denied. To the contrary, Plaintiffs' injuries were caused by the acts and omissions of Defendant as set forth in Plaintiffs' Complaint. 23. Denied. To the contrary, Plaintiffs suffered injuries as set forth in Plaintiffs' Complaint. 24. Denied. The averments of this paragraph are conclusions of law requiring no answer by Plaintiffs. 25. Denied. The averments of this paragraph are conclusions of law requiring no answer by Plaintiffs. 26. Denied. The averments of this paragraph are conclusions of law requiring no answer by Plaintiffs. WHBREFORE, Plaintiffs demand judgment in accordance with the prayer for relief set forth in their By Front Street 17108-2027 DATE: 7# 12 -75 2 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing Plaintiffs' Reply to New Matter are true and correct to the best of her knowledge, information and belief. This Verification is made subject to the penalties of 18 pa C.S.A. S 4904 relating to unsworn falsification to authorities. -'(~WII/\\,~~ . TRUDELL V. MAGNE DATE: b-6 c> ~Cl.~ CERTIFICATB OF SERVICE The undersigned hereby certifies that, on the date below he served a true copy of Plaintiffs' Reply to New Matter, on each of the persons listed below, at the addresses set forth, by First Class united States Mail: LEIGH A.J. ELLIS, Esquire MICHAEL McGUCKIN, Bsquire Michael McGuckin & Associates, P.C. lS50 William Penn Way, Suite 209 P.O. Box 10696 Lancaster, PA 17605-0696 By 17108-2027 DATE: 7-(""t -9~ 3 ELLIS & ASSOCIATES, P.C. BY: Leigh A.J. Ellis Identification No. 53229 1850 William Penn Way suite 209 P.O. Box 10696 Lancaster, PA 17605-0696 (717) 390-3020 60,336 Attorneys for Defendant: Richard Patterson, M.D. TRUDELL V. MAGNELLI and LINO A. MAGNELLI, her husband COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 95-1600 civil Term v. : RICHARD J. PATTERSON, M.D. TWELVE JURORS DEMANDED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, Richard J. Patterson, M.D., in reference to the above-captioned action. ELLIS & ASSOCIATES, P.C, ;- VVL LEIGW A.J. ELLIS I Atto ey for Defendant, Rich rd J. Patterson, M.D. DATED: LI~ II--q b .' . ') -... , ,. -. 0 : -. , . .., ['. .J I i.e... , , .in t: ;:71 "'., , ... - ~j ! ~'j . - in1 - -, ...:: C;. ~'J -. " . . - r- ~':> ,,' :-J ....;.... ;.#) ., :"': " I ; , , ' ~<O J : ~" ,- , " j') .':'} : ;'; =~ () '., , ; , , . ~ 't '-J '. - ... - :".-~ .. , '- r:-i ..-., (") '-- ::.., ." -- J ., ,''J , ,'J 'e- n \":J :ir~ , ._, 11 . "'J .:( :. ;~, I " '..' :,.~ ;:) :.:.~ .~- ~. I n ,-'"' CI . ;:.,;> I. . -' -" " ., -- ~ -, ~'] 1'- .-.,", .''::-J . . ,.n ,-", - , , ", ) :.j .,'11 I ::-' ",:.. ~..d .. ., TRUDELL V. MAGNELLI and LINO A. MAGNELLI, her husband, Plaintiffs v. RICHARD J. PATTERSON, M.D., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION LAW NO. 95-1600 . : JURY TRIAL DEMANDED PRAECIPE FOR SETTLEMENT AND DISCONTINUANCB TO THB PROTHONOTARY I Mark the above-captioned matter settled and discontinued. DATE: lo'Z,~ - 'J~ . Street 17108-2027 CERTIFICATE OF SERVICE ;v. *' - ~._.' . The undersigned hereby certifies that, on the date below he served a true copy of the Praecipe for Settlement and Discontinuance on the person listed below, at the address set forth, by First Class Mail: Leigh A. J. Ellis, Esquire Barley, Snyder, Senft & Cohen, LLC 126 East King Street Lancaster, PA 17605-2893 1125497 407 No Street P.O. Harris urg, PA 17108-2027 (717) 232-0511 DATE: (O-l/~ - J8 n <0 0 r. 0:.> -'1 -~ 0 ~f.;:'~ ,-, =j1 C!; ri i -l '-liiiJ .:-._\.. N -'g -~~ -?j ... ~ ") ;;; ;( J.;J :-- L.. ~ 7! ::J " ';E~' -'. : )- .ti..(') 5:. .j rs; (jlll \.... ~ :.:: N :J =0 , "-.J -<