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the laws of the Commonwealth of Pennsylvania, amI held himself OUI to the puhlic, and
particularly III the Plaintiff. Bonita L. Clapp, as a skillcd, compctcnt and careful dcntist.
4. At various timcs over the last twcnty (20) years, Plaintiff hccame and was a
patient of Dr. Genshigler for the purposc of dcntal care and treatment. The dental care and
treatment underHlkcn hy Defendant consisted of, inter alia, endodontic treatment and prepamtion
of Plaintiff's teeth for certain crowns and tilling certain teeth.
5. Defendant Dr. Shope participated in the care and treatment of Plaintiff on or ahout
July 6, 1993, when he was tilling in for Dr. Genshigler. At that time Plaintiff also hecame a
patient of Dr. Shope.
6. The care and treatment of Plainliff hy Defendants consisted, in part, of incomplete
and inadequate preparation of her teeth resulting in the development of ill filling crowns, ill
tilling removahle partial dentures, irritated gums, loss of vertical dimension, waro anterior teeth,
unslllhle posterior occlusion, gingival cyanosis and decay.
7. On or ahout June 16, 1993, Defendant Genshigler placed permanent crowns on
Plaintiff's teeth I/'s 5 and 6.
8. At the time these crowns were placed Plaintiff's gums heganto hleed excessively
and her teeth hecame very sore.
9. As a result of the placement of these crowns Plaintiff's hite was not even and she
hegan to grind her teeth and the partial denture she was wearing.
10. On or ahout June 30, 1993, Defendant Genshigler told PlaintilT thai her gums had
hecome inrccted. lie allempled to adjust her hite and prescrihed antihiotics.
2
11. Plaintiff's condition worsened and she returned to Dr. Genshigler's office on July
6, 1993. She was treated by Defendant Shope who was filling in for Dr. Genshigler. Defendant
Shope ground her teeth down in order to control the pain.
12. During the time Plaintiff was treating with Defendanls she never had a periodontal
exmn and was never advised that she had a periodontal COllditioll or needed periodontal care.
13. Sincc the dental work done hy Defendants, Plaintiff experienced signiticant jaw
prohlems, headaches, dizziness, lightheadedness, buzzing in the ears and difticulty opening her
jaw along with facial pain.
14. On July 13, 1993, Plaintiff saw Dr. Unger on an emergency basis due to the
ongoing pain and difliculties she was experiencing.
15. Dr. Unger then referred her to Dr. Rankow, an endodontist, who treated teeth I/'s
6 and 7 on July 15, 1993 and July 19, 1993 respectively.
16. At all relevanttil11es herein Defendants and/or their employees who assisted them
performed these procedures under their supervision and control. The negligence of those
cmployees is likewise the negligence of the Defendants.
17. Defendants were guilty of carelessness and negligence in the care and treatment
of Plaintiff both generally amI in the following particular respects:
a. Failing to refer Plaintiff for periodontal work sooner, which would have
increased the cbances of successfully crowning tbe teeth.
h. Failing to refer Plaintiff to appropriale periodontal therapy .
3
c. Failing to provide Plaintiff with appropriate and adequate infollllation of
that which Plaintiff was unable to provide an inlimlled consent lilr the treatment given hy
Defendant to Plaintiff.
d. Failing to ohlain appropriate consultations with specialists in cndodontics
and crown and hridge work.
e. Failing to refer Plaintiff to an endodontist earlier.
f. Failure to properly prepare teeth I/'s 5, 6 and 7 tiJr crown work.
g. Failing to properly diagnose or treat Plaintiff lilr the conditions for which
she was suffering.
h. Applying inadequatc and inappropriate methods, techniques and procedures
in the care and treatment of Plaintiff.
i. Failing to exercise due carc in the administnuion of treatment to Plaintiff.
18. Plaintiff relied upon the performance of Defendants for services rendered and
Defendants' lililure to exercise appropriate care increased the risk of harm to Plaintiff.
19. Plaintiff had no actual knowlcdge or intimuation nor did any occurrence take
place prior to July 13, 1993 that would have given Plaintiff any reason to know or suspect that
the care and treatment which had been rendered to her by Defendanls was negligent.
20. The delay in discovery of the injuries and negligence was caused solely hy the
conduct of Defendants.
21. As a direct and proximate result of thc carelcssness and negligence of the
Defendants liS set rorth, Plaintiff suffered scvere disahling injuries to her hody, including hut no
-1
limited to, ill filling crowns, ill tilling removable partial dentures, irritated gums around existing
ernwns, loss of vcrtical dimension, warn anterior tceth, unstablc postcrior occlusion, gingival
cyanosis, decay, psychological and cmotional distress, the rull extent of which injuries are not
yet known and some or all of which arc permancnt.
22. As a dircct and proximate result of the carelessness and negligence of the
Defendants as described in the liJrgoing paragraphs Plaintiff suffered in the past an,l will
continuc to suiTer in the linure cxcruciating and agonizing aches, pains, mcntal anguish,
humiliation, embarrassmcnt, as wcll as limitation or rcstriction of her usual activities, pursuits
and plcasurcs.
COUNT I
Bonita L, Chlpp vs. .J. A. Gensblvlcr. n.n.s.
23. Thc allegations containcd in Pamgraphs 1 through 22 abovc arc incorporated
hcrein liS though set forth lit length.
WHEREFORE. PllIintiff, Bonilll L. CllIpp, rcqucsts judgmcnt bc entercd agllinst the
Defcndllnt. J. A. Gcnsbiglcr. D.D.S., in an lImount of moncy in excess of Twenty-tive
Thousand ($25,000.00) Dollars togethcr with lawful intcrcst. costs, dclllY damagcs and counsel
fees.
COUNT II
IJOllitll L. ClllPP vs. C. Marlin Shope. n.n,s.
24. The IIl1eglltions containcd in PlIragrnphs 1 through 23 abovc IIrc incorporated
hcrein as though set limh at Icngth.
5
SHERIFF'S DEPARTMENT
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50 NORTH DUKE STAEn, LANCASTlIl, I'LNNSYLVANIA 171;02 '1717) 299.8200
1~~~~'~T10NS rOH SERVICE OF PROCESS onlhefuv.rl8ollhelaat tNo :z
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SHERIFF SERVICE
PROCESS RECEIPT, Bnd AFFIDAVIT OF RETURN
IPi.AINIHf"151
!Jonita L. Clapp _____ ..._. ._._...(l'j.:;>~LcJyJL'D~nIL.--- N
3 DEfENDANT/SI " IYPt 01 WHII on COMPI.AttH :;.q
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.1.^. Genshiqler, D.p.S. et..!. il1..!..__.__......... _...___.....~_..._._.... .cnJIplaint_____ ,.......,
S;VE {5 NAME or 1t1lJIVlllUAL. CUMI'ANY CO"I'O"AIION I. 11..10 o;UIVICI 0" UI"C""'IION ,lI I'"OI'UlIY 10 (It LEVIEU, ATlACIlEU an soW G1
C. Marlin Shone, D.D.S,__---~_-_.-.....___.-- ,.
6 AUOHESS (Street nr nro. AlliUll1U!nt No. City. BolO lwp. Slale ,lnll/IP Cndlll O"t
AT 2131 Oreqon Pike, Lancaster, .I'^ -.J
7 INDICATE UNUSUAl. SEnVICE 11 COMMON aF I'A "DEPUTiZE II0IIIEn a'(ll~illld g:
Now, MAV 117, 19 -..-!l5. , I. SHERIFF OF~ COUNTY, PA" do hereby doputlze the Sherllf ,Q/
Lancat;!]:er Counly 10 execute this Writ e~d m~ka rllltlrn thereot apcordlng ....
to law, Thla deputation being mede allhe request and Ilsk 01 the plalntllf. ....... ,..; ~...' ,..... Ol
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I. 8PECIAlINSTRUCTlON8 OR OTHER INFORMATION THAT Will AS81aT IN EXPEOITING 8ERVICE: '
NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any dopuly shfJfllllttvY1ng IJllOn OIullaching .Illy propOr1y under
withIn wnl may leave !illmo without 0 watchmilll, III custody 01 whomever 15 lound 10 possosslOn, oller nOlllvltlg person ollovyOlllllllchmonl. without habllity on
the part 01 such dOllU1V or tho shcl1f11o Any Illamllll herelfl lor any loss. destructIOn or fClnOV1l1 01 any stich properly holora shonlfs Gale Iholool
8. SIGNATURE 01 ATTORNEY or olhll' ORIGINATOR 10 TELEPHONE NUMBER 11 OATE
5/1/95
Edward Brennan cUMBERLAND CO. 717-67?-5693 5-02-9;
12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This ern must b. campl.t.d U nQUn II to b. ".II.d
EDWARD M. BRENNAN, ESO. AT PFEIFFER, BROWN & BRENNAN
107 MAHANTOIGO ST.. POTTSVILLE, PA 17901
SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW ""II LINE
SIGNATURE 01 AulholllOd LeSD Deputy 01 Clerk find Tillu 14 Date Rccol" d' 15. e)pir"onlHeanng date
LINDA MCLAIN 295-3609 5/3/95 31 95
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t3. I acknowledgo reccapl of tho writ I
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poroll :etc, otlho address Inserled tJlJlnw by hilndhrlU u TRUE end A TESTED COPY 'helOo! \\,,'
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thc laws of the CllnllllOnWc;\lth of Pcnnsylvania. and hcld himself out to the public. OInd
pOlrticulOlrly to thc Plaintiff. Bonita L. Clapp. as a skilled, compctent OInd carcful demist.
4. At various timcs over the last twenty (20) ycars, Plaintiff bccamc and WIIS a
paticnt of Dr. Gcnshiglcr 1'01' thc purposc of dental carc and treatmcnt. Thc dental carc and
treOltmcmundcrtakcn hy DcfcndOlnt consistcd of. inter OIlia. cndodomic trcatmclll and prcparntion
of Plaintiff's tccth for ccrtllin crowns and tilling certOlin teeth.
5. Dcfendant Dr. Shopc participatcd in thc care and trcatmentof Plaillliff on or about
July 6. 1993. when he was tilling in for Dr. Gcnsbiglcr. At thOlt time Plaintirf also bccamc a
paticnt of Dr. Shopc.
6. The carc and treatmcnt of PlailllifTby Dcrcndams consisted, in part. of incomplctc
and inadcquatc prcparntion of hcr tceth resulting in the development of ill l111ing crowns. ill
tilling removable pOIrtial dcntures. irritatcd gums, loss of \'crtical dimcnsion, warn antcrior tccth,
unstahlc postcrior occlusion, gingivOlI cYOlnosis and dccay.
7. On or about June Hi, 1993. Dcfcndant Genshigler placed pcrmancnt crowns on
I'IOIimiff's teeth II's 5 and 6.
8. Atthc time thcse crowns were placcd I'laimiff's gums heganlo hlecd exccssively
and her tecth bccOlme vcry sorc.
9. As a result of thc placemcnl of thcse crowns I'laimiff's bite was not evcn and shc
bcgan to grind her teeth and the panial demurc she was wearing.
10. On or ahout Junc 30, 1l)1)3, Dcfcndant Gcnshiglcr (Old I'laimilT thOlt her gums had
becomc infccted. Ilc allemptcd In adjust her hite and prcscribed antihiotics.
2
II. Plaillliff's condition worsened and shc returned to Dr. Gensbiglcr's office on July
6. 1993. Shc was trcated by Dcfendalll Shope who was 11I1ing in for Dr. Gcnsbigler. Dcfcndant
Shope ground her teeth down in ordcr to COlllrol thc pain.
12. During thc timc PlaintilTwas trcating with Dcfcndants she never had a periodontal
cxam and was ncvcr adviscd that shc had a pcriodontal condition or need cd periodontal carc.
13. Sincc the dcntal work donc hy Dcfcndants, Plaintiff cxpericnced significant jaw
problcms. hcadaches, dizzincss, lightheadcdncss. buzzing in thc cars and difticulty opcning hcr
jaw along with li\cial pain.
14. On July 13, 1993. Plaintiff saw Dr. Unger on an emergcncy basis due to the
ongoing pain and dirticulties shc was cxpcricncing.
15. Dr. Unger then referrcd her to Dr. Hankow. an endodolllist, who trcatcd tecth I/'s
6 and 7 on July 15. 1993 and July 19, 1993 rcspcctively.
16. At all relcvant times hcrein Dcfcndants and/or thcir cmployecs who assistcd them
pcrformed thesc procedurcs undcr their supcrvision and conlrol. The negligcnce of those
cmployees is Iikcwisc thc ncgligence or thc Dcfendallls.
17. Dcfcndants wcre guilty of carelcssness and ncgligcncc in the care and treatmcnt
of Plaintiff both gcncnllly and in thc rollowing particular rcspccts:
a. Failing to refcr Plaintirf lilr periodontal work sooncr, which would have
incrcased lhe chanccs or successfully crowning the leeth.
b. Failing to refcr Plaintiff 10 appropriate periodontal thernpy.
3
~~ ~ .-"........................................,--................. ~.- ~.., ..,..... ....-......-.. -.... -.
c. Failing to provide Plaintiff with appropriate and adequatc information of
that which Plaintiff was unablc III providc an informed conscnt Iilr the treatmelll given by
Dcrendant to Plaintiff.
d. Failing to ohtain appropriatc consultations with specialists in cndodontics
and crown and bridgc work.
c. Failing to rcfcr Plaintiff to an cndodontist carlicr.
f. Failurc to properly prcpare tceth lI's 5. 6 and 7 for crown work.
g. Failing to propcrly diagnosc or treatPlaillliff for the conditions for which
shc was suffcring.
h. Applying inadcquale and inappropriate methods, techniques and procedures
in thc care and treatmcnt of Plaintiff.
i. Failing to cxercise duc care inthc administration of trcatmcnt to Plaintiff.
18. Plaintiff rclied upon thc pcrformancc of Dcrcndants I()r services rendered and
Dcrcndants' failure to cxcrcise appropriate carc incrcased thc risk or harm to Plaintirf.
19. I'laintirr had no actual knowlcdge or information nor did any occurrence take
placc prior to July 13, 1993 that would havc givenPlaintirr any reason 10 know or suspect that
thc care and trcatmcnt which had hecn rcndcrcd to her by Dcfcndants was negligent.
20. The dclay in discovcry or thc injurics and negligence was causcd solcly hy thc
conduct of Dcfcndants.
21. As a direct and proximate rcsull of lhc carelcssncss ami ncgligencc or thc
Dercndants as sel fOrlh, Plaintiff surrcred severe disahling injul'lcs 10 hcr body, including 1111lno
-1
Iimilcd to, ill filling crowns, ill filling rcmovable panial dcmures, ilTitated gums nround existing
crowns. loss of venicnl dimension, wllrn nnterior teeth, unstnhlc !loslcrior occlusion, gingival
cyanosis. decay, psychological and emotional distrcss, thc full cxtcm of which injuries lire not
yet known and some or all of which arc pcrmanent.
22. As a dircct and proximate result of thc carclcssncss and ncgligcnce of thc
Dcfendants as described in the lilrgoing paragraphs Plaintiff suffercd in the past IInd will
continue to sufrcr in lhc futurc cxcruciating and agonizing achcs. pains, mental anguish.
humiliation, cmbarrassmcnt, as well as limitation or rcstriction or her usual activitics, pursuits
and pleasures.
COUNT I
nonltn L, Clu(llJ vs. ,J. A, Gcnshll!lcr. I),I),S,
23. Thc allegations contained in Paragraphs 1 thl'llugh 22 above arc incorporated
hcrein as [hough set lilrth at Icngth.
WIIEREFORE, PlaintilT, Bonitn L. Clapp, re4ucsts judgmelll bc entcrcd against the
Dclcndant, J. A. Gcnsbigler. D.D.S., in an amount of money in cxccss of Twcnty-fivc
Thousand ($25,OllO.llO) Dollars lllgether with lawful intcrcst, costs. delay damages and counscl
Ices.
COUNT II
Bonltu L, Chllll' ,.s, C. I\1nrlln ShOllI'. n,n.s,
24. Thc allegations contained in Paragraphs I thl'llugh 23 above arc incorporaled
hercin as though sct lill"th al length.
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I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I CIVIL ACTION - LAW
I
I NO. 95-2341 CIVIL TERM
I
I
BONITA L. CLAPP,
Plaintiff
J.A. GENSBIGLER, D.D.S. and
C. MARLIN SHOPE, D.D.S.,
Defendants
PRELIMINARY OBJECTIONS OF
DEFENDANTS GENSBIGLER AND SHOPE
TO PLAINTIFF'S COMPLAINT
COUNT I
KlTION TO STRIKE
1. paragraph 17 of Plaintiff's complaint sets forth the
particulars of her allegations of negligence against Defendants.
2. Specifically, plaintiff states I "Defendants were guilty
of carelessness and negligence in the care and treatment of
Plaintiff both generally and in the following particular
respectsl".
3. The use of the term "generally" is improper and if left
unchallenged, could conceivably permit plaintiff to amend her
complaint and aver a new cause of action at a time subsequent to
the expiration of the statute of limitations.
4. In subparagraph 17 (h) plaintiff avers that Defendants
were negligent in "applying inadequate and inappropriate methods,
techniques and procedures in the care and treatment of Plaintiff."
However, Plaintiff fails to set forth any facts in support of this
conclusory averment let alone material facts in violation of
Pa.R.C.P. 1019(a).
-..
IN THE COURT OF COMMON PLEAS OF
CUMBERLANO COUNTY
CIVIL ACTION - LAW
BONITA L, CLAPP,
Plointiff
VS.
J, A. GENSBIGLER, 0.0,5, and
C. MARLIN SHOPE, 0,0.5"
Oafondants
No, 95-2341 Civil Tarm
AMENOEO COMPLAINT
Edward M. Brannan, Esquira
LAW OffICES
PFEII'FEH, nHOWN & nlmNNAN
A'I,'OIlNf;VS.AT.LA II'
301 MAttMHONGQ 6TRHT
rOllSVlllf. PA 11901
/1
JUII 19 Ij ll2 PH '95
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dli 11 'r
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the laws of thc Commonwealth of Pcnnsylvania. IInd hcld himsclf out to thc puhlic. and
particularly to lhc Plaintiff. Bonita L. Clapp, as a skilled, compctclll and careful denlist.
4. At various times over the last twcnty (20) ycars, Plaillliff hccmne and was a
paticlll of Dr. Genshigler for thc purposc of dental carc and treallllcnt. Thc dcntal eare and
lreatment undcrtaken by Defendant consisted of, illler alia. endodolllic treatmellland prcparation
of Plaillliff's teelh lilr ccrtain crowns and tilling certain tceth.
5. Defcndant Dr. Shopc pal'licipated inthc care and trealmelllof Plaintiff on or about
July 6, 1993, whcn hc was IiIling in for Dr. Gcnsbiglcr. At that timc Plaintiff also bccamc a
paticnt of Dr. Shopc.
6. The care and trcatment of Plaintiff by Dcfcndants consisted. in pal'l. of incomplcte
and inadequatc preparation of her tceth resulting in thc dcvclopmelll of ill Iilling crowns. ill
tilling rcmovable pal'lial dcnturcs, irritated gums, loss of vcrtical dimcnsion. warn anterior teeth,
unstablc postcrior occlusion. gingival cyanosis and dccay.
7. On or about June 16. 1993, Dcfcndalll Gcnsbigler placcd pcnmll1cnt crowns on
Plaintiff's tccth #'s 5 and 6.
8. At thc time thcsc crowns wcrc placcd Plaintiff's gums bcganto hlccd exccssively
and hcr tceth hccame vcry sorc.
9. As a rcsultof thc placcment of thesc crowns Plainliff's bitc was not even and shc
bcgan to grind hcr tecth and thc partial denture she was wcaring.
10. On or about Junc 30, 1993. Dcfendant Gcnsbigler told Plaintiff that her gums had
bccome infcctcd. IIc allempted to adjust hcr bite and prescrihcd IIntihilllics.
2
11. Plaintiff's condition worsened and she rcturned to Dr. Gensbigler's oflice on July
6,1993. Shc WIIS trcatcd hy Dcfcndanl Shopc who was I1Iling in for Dr. Genshiglcr. Dcfendalll
Shope ground her tceth down in ordcr to cOlllrolthc pain.
12. During the limc Plaintiff was trcating with Dcfcndants she nevcr had a periodontal
exam and was ncvcr adviscd that shc had a pcriodolllal condition or nceded pcriodontal care.
13. Sincc thc dcntal IVork donc by Dcfcndants, Plaillliff expcrienced significant jaw
problems, headachcs, dizzincss, lighlhcadedncss, buzzing in thc cars and difficulty opening hcr
jaw along with facial pain.
14. On July 13. 1993. Plaintiff saw Dr. Ungcr on an cmergency basis due to thc
ongoing pain and difficultics she was expcriencing.
15. Dr. Ungcr thcn referred hcr to Dr. Rankow, an endodontist, who trcatcd tccth I/'s
6 and 7 on July 15. 1993 and July 19, 1993 rcspcctivcly.
16. At all rclcvant times hcrein Dcfcndants and/or their employccs who assisted thcm
pcrfomled thcsc procedurcs under their supcrvision and control. Thc negligcncc of' those
cmployecs is likcwisc the ncgligcncc of the Dcfcndants.
17. Dcfcndallls wcrc guilty of carclcssness and negligcnce in thc care and trclllmcnt
of Plaintiff inthc following particular respects:
a. Failing to refcr Plaintirf for pcriodolllal work sooner, which would havc
increased lhc chanccs of succcssfully crowning thc tccth.
b. Failing to refer Plaintiff to appropriatc pcriodontalthcrapy.
3
c. Failing to providc I'lail1liff with approprhllc and adequlItc infonnlllion of
that which Plaintiff was unllble to providc lIn informed consent for the trclltmcnt givcn by
Dcfcndnl1l to Plnillliff.
d. Failing to obtain appropriatc consultmions with specinlists in cndodolllics
lInd crown lInd bridgc work.
c. FlIiling to rcfcr Phlintiff to lIn cndodontist carlier.
f. Failurc to propcrly prcparc tccth I/'s 5, 6 and 7 for crown work.
g. Failing to propcrly diagnose or treat Plaintiff for thc conditions for which
shc WllS suffcring.
h. Applying inlldcqullte and inllppropriatc mcthods, tcchniqucs and procedures
in thc cllre and treatmcnt of the Plail1liff with rcgard to diagnosis of Plaintiff's condition;
preparation of tecth numbcrs 5, 6 and 7 for crown work; rcferral of Plaintiff to 1I spccialist in
thc ticld of endodontics, periodontics and crown and bridgc work.
i. Failing to cxercisc duc care in thc administration of trealmcntto Plaintiff
;IS noted abovc by failing to refcr Plaintiff to lIppropriatc specialist's in a timcly manncr, by
failing to providc Plaintiff with appropriate and adcquatc information and by failing to propcrly
prcpare thc subjcct tccth for crown work.
18. Plaintiff rclied upon the pcrfollnancc of Dcfendants Illr serviccs rcndcrcd lInd
Dcfcndants' failure to cxcrcise appropriate care increllsed thc risk of Imrm to Plaintiff.
19. Plaintiff had no lIctual knowledgc or information nor did any occurrencc takc
place prior to July 13, 1993 that would have given Plaintiff any rcason to know or susJlcctthat
thc care lInd trcatlllclll which had bccn rendered to her by Dcrcndallls was negligent.
4
20. Thc dclay in discovery of thc injuries and ncgligence was caused solcly by thc
conduct of Dcfendants.
21. As a dircct and proximate result of thc carelessncss and ncgligcncc of thc
Dcfcndants as sct forth, Plaintiff suffered scverc disahling injurics to hcr hody, including hut no
limitcd to, ill filling crowns, i1llilling rcmovable partial dcntures, irritated gums around cxisting
crowns, loss of vertical dimcnsion, warn antcrior tecth, unstablc posterior occlusion, gingival
cYllnosis, dccay, psychological and cmotional distrcss, thc full extcnt of which injurics are not
yct knuwn lInd sumc or all of which arc pcrmancnt.
22. As a dircct and proximatc rcsult uf thc carelcssness and ncgligcncc of the
Defcndants as dcscribed in thc lilrgoing paragraphs Plaintiff suffcrcd in thc past and will
continuc to suffer in the future excruciating and agonizing achcs, pains. mcntal anguish.
humiliatiun, embarrassmcnt, as wcll as limitlltion ur restriction uf her usual activitics, pursuits
and plcasurcs.
COUNT I
1I0nlta L, Clapp vs. .I, A. Gensblvler. n.n,S,
23. The allegations containcd in Paragraphs I through 22 abuvc are incurporated
hcrein as though sct liJrlh at lenglh.
WHEREFORE, Plaintiff, Bonita L. Clapp, rcqucsts judgment hc entercd against thc
Dcfcndant, J. A. Gcnshiglcr, D.D.S.. in an amount uf money in cxcess of Twenty-five
Thousand ($25,QOO.OO) Dollars togcthcr wilh lawful intcrcst, costs, delay damagcs and counsel
fecs.
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27. Plaintiff failed to return to Defendant Gensbigler' s
office for examination, consultation, care or treatment subsequent
to July 6, 1993 and thus did not accord him the opportunity to
observe the condition of her mouth, teeth, dentures and gums or to
recommend or perform any treatment and palliation which may have
been required or necessary.
28. Plaintiff had several pre-existing or congenital dental
problems which necessitated fairly complex and ongoing dental care,
and some of which were not susceptible of either total or permanent
alleviation. None of these problems were caused by Defendants, and
Defendants deny responsibility for the Plaintiff's ongoing
condition which evidently necessitated care and treatment by other
dentists, and wbich care and treatment would have been necessary in
any event.
29. If Plaintiff suffered injury and damage to her teeth and
gums because of negligent treatment by a health care provider,
which is nevertheless denied, such negligent treatment was
furnished Plaintiff by a person or persons other than Defendants.
30. Plaintiff was contributorily, or comparatively negligent,
in failing to return promptly to Defendants' office as necessary
3
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