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Home My WebLink About95-04199 J ~ ~ J I .~ ~ Oi~ O~) ~) ;~ SHEILA MITCHELL NANCE. Plalnti ff #13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PFNNSYL VAN I A CIVIL ACTION - LAW V. JOEL LAWRENCE DAVIS De f enclon t NO. 95-4199 CIVIL TERM PREIR I AL.L.O,NffREN.CE At 0 pretrial conference held August 28. 1996. before Edgar B, Boyley. Judge. present for the plaintiff was William P. Douglas. Esquire, and for the Defendant. Donald R, Dorer. Esquire, Plaintiff. Sheila Nonce. was injured in 0 motor vehicle occident on December 9, 1994. While operating 0 vehicle on State Route 2028. plaintiff maintains that defendant proceeded to make 0 left-hand turn directly in her path causing on occident, Liability is still ot issue, Plaintiff seeks general damages for injuries she incurred in the occident of 0 locked Jaw resulting in her still having to wear on oral appliance to counteract the residuals. Estimated time of trial. onefiay, , . " Edgar B, 'Olley. J, William P. Douglas. Esquire For Plaintiff Donald R, Dorer. Esquire For Defendants :prs >- "~I p- .d;.' c-... 1-' C en :~~ \.11-"-. c.:)... ~/; It~ ~; :' L" ;~ ~t '- Ol . fn N .i7: If'" ~ "2 ;-'lil i , .... -,}"- ,,- ,,? 3 U co, . .0' YOU AIU ...rlll tIf MIOUlIIII) fa r1Lt .- Wllnff,.o','.s.O".s.. I') 1M' ."tel'HID W"H'/III '.tH'YIIIll l'UtS '.tH. UIII'IIf;1 HnltOI 0" A HJI"."""H ..., IH ,,,,unto Ar.AINlf TOU. DOUGLAS OCl;GlA~_i ,';. D'':}l;(':L/.~; , , or ""1,,,,,;1,",... 'n"" "' CAI" . .t.. 1'1. OJ' ATJOI,.(, *r Ill) III ~I 'If <;'.l"lI' no_; Plt "'1ft..", 1'5 " "'UI ....0 COHII, \., Co,. 1)' HII l"l'IGI~"l I III tl 1ft H~':' .(1';:'1 .., AIl,HU." " Oougl.., 00ug1.. " Doug'" 27 W. IIIgh 51. rOB 261 Cull.le r. 17013 Telephone 717.243.1790 William I'. Onullla'l, ""I, 511p"'m~ Cnurt 1.1).1 37Y2h ..sheiia-MTiCheTi'N'iiiics..................................,......_...- '...--..-.-iii-.iiis..cou.,ro/"commo.ii..pieas..o,.....'..-..... Cumberland County Pennsylvania Plaintiff vs 1995 . 4199 Civil Term Joel Lawrence Davis Civil Action Law ......,........,..._,......_...,_,__.......,_,...._,....._...~~!.~D.~~!!!,_,.._..,.._,..,_..,..J~,!Y..I!!~!..Q~!!!~~,~..l!~.....,.._..__.......... 1. BASIC FACTS AS TO UABlLl1Y The plaintiff, was injured in a motor vehicle accident which occurred on December 9th, 1994. She was the operator of a vehicle on State Route 2028, when the defendant proceeded to take a lert hand turn directly in her path of travel causing an accident. In the accident she suffered an injury to her jaw. 2. BASIC FACTS AS TO DAMAGES The plaintiff suffered a locked jaw as the result of the accident and has had to wear an oral appliance for the residuals of the condition since the accident. 3. PRINCIPAL ISSUES Liability of the parties and damages. 4. LEGAL ISSUES " Liability (If the defendant. 5. WITNESSES TO BE CAl.LED a.) Plaintiff b.) Greg Nance c.) Harry Myers DDS d.) defendant as on cross 6. EXHIBITS life table 7. ESTIMATED LENGTH Of TRIAL 1 day. 8. SE1TLEMENT NEGOTIA TIONS $3,500.00 offer by defendant. Plaintiff's demand 45,000.00. Respectfully submitted, ( ) l ,', .I\Ll William P. Douglas, Esq. Attorney for plaintiff Na~ce Date; August 22,1996 . . :':3 "inj~ . .. 'rJ / \~\ \)1 AUC P.i.. = ;::: ~~Cl ~~~~ uQ~8< ;::;::1 E: . R... ll. ...! Q";~:li:!E~ :s:9i~=Ec.!. < < ......... ..l7.!i 7.-~25 CS'" 6 "'I- 95-1196 LAW OFJt1CES OF I>ONALI> R. I>ORJ<:R 3907 lIartzdale I>rlve, Suite 706 Camp 1111I, PA 17011 Telephone Number: (717) 731-0988 Attorneys for I>efendant, Joel I.. I>avls SIIEII.A MlTcm:u. NANO:, I.I.AINT..... IN TilE COURT OF COMMON PLEAS CUMIIERI.AND COUNTY, PENNSVLVANIA VS. No. 1995-4199 CIVIL TERM JOEL LAWRENCJ<: DAVIS, I>llFENIlANT CIVIL ACTION - LAW JURV TRIAL DEMANDED PRE-TRIAl. CONJ<'J<:RENCE MEMORANDUM OF DEFENDANT, JOEL LAWRENCE DAVIS Submilled by Donald R. Dorer, Esquire Allomey for Defendanl I. BASIC FACTS AS TO LIABILITY: Please see Plainliffs Pre-trial Memorandum. JI. BASIC FACTS AS TO DAMAGES: Please see Plainliff s Pre-trial Memorandum. By way of further response, a copy of an expert report prepared by John R. Zcleznock. D.M.D. dated April 11, 1996 is allached herelo as Exhibit "A" for the Coun's reference purposes. III. PRINCIPAL ISSUES: Liabilily of the parties and damages. IV. LEGAl. ISSl..!ES: Liability of the Defendanl. V. WITNESSJo;S TO nE CAU.EIU o Plaintiff, Sheila Mitchell Nance (as on cross examination). e Defendant, Joel Lawrence Davis e Dr. John Zeleznock (by videotape deposition scheduled for September 11, 1996 at 9:00 a.m.). The Defendant reserves the right to list and/or call sucb other and further witnesses as may be listed by the Plaintiff, as well as any treating physicians, upon reasonable notice to the Plaintiff. VI. ExnlnlTs: o Photographs depicting vehicular damages. e Records of Harry Myers, D.D.S. e Records of Dr. Katherine Gallagher o Records of Dr. Timothy Perearpio VII. ESTIMATED LENGTH OF TRIAL: One (1) day. YIII. SETILEMENT NEGOTIATIONS;' Please see Plaintiffs Pre-trial Memorandum. Respectfully submined, :w OFRC~ 07l-!11RER Donald R. Dorer, Esqu' Allomey for Defendant, Joel L. Davis Identification No. 39126 Date: AUl!ust 21. 1996 ..'''.''',H,'' ~",,,;"." "," """..." .~ . . . ......- . . . SM1TH.ZELEZNOCK, P.C. JOHN II( SMa-H. D.D.S. JOHN R. ZELEZNOCK. D.M.D. OnIIIIM MulllofllClIIl Surrcry 908 South Gcorrc Strcct YDrk. PCnluylw,"1II 1740J Tclephonc 717.8$4.P$29 Aprllll, 1996 .. DEFENDANT'S 1 ~rr , Donald Dorer: Esquire 3907 Hartzda1e Drive Suite 706 Camp Hill, PA 17011 Re: Sheila Naner. Dear Mr. Dorer: Prior to my PYlltnhUldon of Sheila Nance, I have reviewed the medical and dental rec:ords of Dr.'s Myers, and the MRI report of Dr. Camponovo. Sheila Nance was involved in a MVA on Dec:ember 9, 1994. She was a SE'.atbelted operator of the vehicle at the time of the accident. Her.arm was placed over the steering column prior to her face striking her arm. ShE' did not s('!ek immediate treatment, but was PYlltnil\ed two days later by Dr. Perez, and was immediately referred to Dr. Myers. An MRI completed on Decembt=r 12, 1994. re-.reaJed both TMJ's to be abnormal. On the left side the meniscus is deformed, with mUd beaking of the condyle. On the right side the meniscus is also displaced anteriorly, however, when tlu~ mouth is open, the condyle recaptures to some 1 ~ degree. The conclusion was a left abnormal meniscus without capture and early osteoarthritis of the condyle. On the right side the abnormallties are less significant. My concern, with this report, is that osteoarthritis does not develop in three days, and that no fluid was detected within the capsule. Any injury severe enough to dislocate the meniscus would be accompanied by an extravasation of blood within the joint capsule. This was not ~dent onthe MRI film. She was subsequently treated by Dr. Myers with medications and splint therapy in a very judicious manner. On March 28, 1996, she was PYAftlilled, in my private office, for possible TMJ dysfunction. She is a pleasant appearing female in generally good health. She is a non-smoker and is presently not taldng any medications. She admits to wearing an orthotic appliance at night, however, she did not have the splint in her possession. Her intermAYillary opening was 3S mm, and her R-L-P measurements were 10-8-8 mm respectively. The lateral excursions are normal, however, the intermaxillary measurement is on the low side of normal. Auscultation of both condyles did not elicit any clicks, pops or crepitus sounds, with the exception of a left clicl< on opening at approximately 33 mm. Finger pressure at the preauricular fold during opening and 2 closing movements was negative for pain or discomfort. Hand pressure on the symphysis area of the mandible exerted in a posterior direction was negative for condylar pain. Intra and extra palpation of the muscles of mastication was negative for pain or spasm. Two panorex films were taken, which reveal a full complement of teeth in good condition. The condyles are uniform and are well positioned within their respective. fossas. Her intermaxillary occlusion is in a class I relationship without deviation upon opening. I must state with a reasonable degree of medical certainty that Sheila's condylar meniscus were compromised and deranged prior to the accident. However, it is possible that additional trauma may have aggravated this condition which appears to have been resolved in a satisfactory manner by Dr. Myers. Sincerely, ~ Zclezn_ JRZ:kp 3 95-096 LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive, Suite 706 Camp Hili, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Joel L. Davis SHEILA MITCHELL NANCE, PLAINTIFF IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 1995-4199 CIVIL TERM JOEL LAWRENCE DAVIS, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Pre-Trial Conference Memomndum of Defendant. Joel Lawrence Davis to be served by regular first class mail upon: William P. Douglas, Esquire Douglas, Douglas & Douglas 27 West High Street, P.O. Box 261 Carlisle, PA 17013 Date: AUl!ust 21. 1996 j MA Donald R. Dorer. Esquire Attorney for Defendant, Joel L. Davis ....:~~..: ,. , " en ,. ,;..- ~~7 t. ~ ~ '. P.;::_ f '.~' "':;.~ ~~ ; ~~:;':~ -. .:i", ;',~ . ~, ' 'I ..::. 'I'.J ,.,\., , ',1 '.' - ':0 '" ') .., ,ou .un "Uti MY II' QUllltlb fO f'lLf A WlIlTHN "I"'I'O"~') 1111 I'IClO'>lO ~'''iIrAI~2 nu" rllOM sntvu:[ II t) n'.;\IIfIlT "'A, III G .~., \,.. ... AHOIINCY DOUGLAS DOUGLAS &. DOUGlA!i ,. Of,' ,...!".' ,.' ~'f. .1 00 HlllftU CllI'''' 'HAl 'H' \IIIIUII" IS A 'IoU( .Jj~ COIIIII C' COf" O' 'H' OIlIGI".' fllf\') 'Ill TIlI~ Ac;TI~H, (' ',1'. I ~ \' '" rl '" t.""',' .'lon,n, ,/".' DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717.243.1790 'SHEI[^"f~Tj"I:cHE[rN'ANC'E'''''''''''''''''''''''''''''''''Tn''Hi'i!''Cllu'r'f'llf"ci'j'ii'i'in'\li,..l'j'c.ii's..llr.... Plaintiff Cumberland County Pennsylvania WILLIAM 1'. DOUGLAS, ESQ. Supreme Court I.D.# 37926 vs 1995.4199 Civil Term JOEL LAWRENCE DAVIS Defendant Civil Action Law jury Trial Demanded NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTl-IIN THE FOLLOWING PAGES,YOU MUST TAKE AO'ION WITHIN TWENTY DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY A'ITORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBjECnONS 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 AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Court House Court House Square Carlisle PA 17013 717-240-6200 DATE:November 3.1995 COMPLAINT 1. The plaintiff, Sheila Mitchell Nance, is an .ldult individual residing at I Manor Drive, Mechanicsburg, Cumberland County, Penna. 2. The defendant, Joel Lawrence Davis, is an adult individual residing at 149 Sylvan Terrace, Harrisburg, Dauphin County, Pennsylvania 17108. 3. On or about December 9,1994, at approximately 12:15 P.M., the plaintiff was operating her vehicle in the area of State I~oute 2028 and the southern ramp to Interstate 581/83. Said intersection is controlled by traffic devices. 4. At the same time and place, the defendant was operating his vehicle and made a turn directly in front of the plaintiff, when the plaintiff had the right of way. 5. The defendant was negligent in the operation of his vehicle, and as a result of said negligence, a collision occurred. 6. The defendant was negligent in the following respects: a. In failing to maintain a proper lookout. b. In failing to drive within the assured clear distance ahead. c. In failing tll yield to oncoming trilffic who had the right of way at the aforesaid intersection. d. In failing to obey traffic control devices. 7. As a result of the negligence of the defendant, the plaintiff was injured. 8. The plaintiff's injuries include, but are not necessarily limited to injury to her jaw. 9. As a direct and proximate result of said injuries, the plaintiff had to undergo medical treatment and may have to continue to undergo medical treatment in the future for the injury to her jaw. 10. As a direct and proximate result of the injuries sustained by the plaintiff, medical expenses have been itlcurred and may continue to be incurred in the future. 11. As il direct ilnd proximilte result of her injuries, the plilintiff hils undergone pilin ilnd suffering, ilggmviltion ilnd inconvenience ilnd loss of life's pleilsures ilnd 111ilY continue to endure the Sil111e in the future. WHEREFORE, it is pmyed thilt judgment be entered in filvor of the plilintiff Sheila Mitchell Nilnce, ilnd ilgilinst the defendilnt in iln il1110unt in excess of thilt requiring compulsory referml to ilrbitmtilln. A jury triill is hereby de111ilnded. DOUGLAS, DOUGLAS & DOUGLAS BY - e. WiIIiil111 P. Douglils,Es uire Attorney for Plilintiff Dated: November 3, 1995 Affidavit " This verification is made pursuant to l'a.RC.1' 1024(c) by counsel for the plaintiff. To the best of the signer's knowledge, information and belief, the foregoing is true and correct. '. ~. Dated:JJ - '\ - 'l-l:) William P. Douglas Attorney for plaintiff DOUGLAS, DOUm,AS & DOUGLAS 27 W. IIIUII ST. POD 261 CARLISLE I'A 17013 TIlLIlPHONIl 717.243.1790 x WILLIAM 1',1XlUOLAS. ESQ, Sup"',". Coun J.l),j 37926 OEOKOIl P,1XlUOLA.~. III. ESQ, Sup"'"," Coon I.I),j 61886 SHEILA MITCHELL NANCE, I Manor Drive Mechanicsburg, Pa, 17055, PLAINTIFF IN THE COURT OF COMMoN PlEAS OF CUMBERLAND COUNTY PENNSYLVANIA 1995 - .i119? CIVIL TERM \G JOEL LAWRENCE DAVIS, 149 Sylvan Terrace, Harrisburg, Dauphin Co., Pa. 1710 CIVIL ACTION LAW DEFENDANT To: Lawrence E. Welker, Prothonotary PRAECIPE Please issue a writ of summons in a civil action against the within defenddnt, Joel Lawrence Davis. August 7, 1995 DOUGLAS Date: by Attorney for the Plaintif e, ...J '- \ - '<::J '0 v-, IJ"'l ---::::r- ~ d "V\, en ~ ~ - '" - '-l ~ ..... ,.., '~ ('{> Q,. r- "" .J::, "-d "'l '"l v - ""~ -\ ,-._- ..;,) ~ ~ - \ <" \~ <U -Q , \ :';':J -" - ......... '- "------ '.~ Commonwealth of Pennsylvania County of Cumberland SHEIIA MITCHELL NAN:E, 1 Manor Drive MechlInicsburg, PA 17055 Court ol Conunoll Plcao YI. No, ___...9_!!:1]"'!!~_~1.,!g_1~m___..m 19____ In _____ S:1.,!g_11g~}.g!!.:_ .Y!~._________________ JCEL LAWIlEH:E MVIS, 149 Sy1van Ter.race. Harrisburg, IlBuPrln Co., PA 17103 To _ 3_QIiltJ&'dr.lIDCe_J2QYa_ -- ---- --- - -- ------ You are hereby notified that Sheila Mitchell Nance .------------------------------------------------------------------------------------------------ the Plaintif( haS commenced an action in ____.l:itil.AktiM_=_Jnd______________________________ against you which you are required to delend or a delault judgment may be entered against you, (SEAL) Date ____!'.!!~!:__L____________._ 19J_~_ .___~~~c;;e_~_~~er__________._______.____ Prothjotary By _--~)- .l!~l...L-.l.:L--J..ilU-(!-~ttJ,,{ ------- tDeputy .; . j - ~ ! ~ l"l o .... I' .... ~ ~ Ltl . Ltl ~ ; ~.~ ~ ~l:l~ :s r~ ~....i - . 8 ~ fl] i5~p, ~~B ~~i S:.a Ij....~ .51 J ~ ~ ;.:j .~ u ~ \0 N 0'0 I' l"l '" l~' ~ ~ 0 ~ e:s Ul !!I: 0'0 ..... "iI'+' 0: ~ ..7B m ~':iJ.... ~!;;!il:l ;:1 :i~~g'~ ~ ~~a!::~ i ! the attached return from DAUPHIN County, receipt of Pennsylvania. ,,-..' , SHERIFF'S RETURN - OUT OF COUNTY CASE NOI 1995-04199 P COMMONWEALTH OF PENNSYLVANIA I COUNTY OF CUMBERLAND NANCE SHEILA MITCHELL VS. DAVIS JOEL LAWRENCE R. Thomas Kline to law, says, that he made named defendant, to witl . Sheriff, who being duly sworn according diligent search and inquiry for the within DAVIS JOEL LAWRENCE but was unable to locate Him in his bailiwick. He therefore County, Pennsylvania. deputized the sheriff of DAUPHIN to serve the within WRIT OF SUMMONS On AUQust 18th. 1995 . this office was in Sheriff's Costs: Docketing Out of County Surcharge DAUPHIN COUNTY 18.00 9.00 2.00 25.50 To!'<.. 554.50 WILLIAM 08/18/1 Sworn and subscribed to before mp rl...o /" this 30 - day of Lt<.'J.......r 19 l,'; A. D. ~ ,_ "'/" ~' ~h..<.6:....... ~' , ro honotary , (... COMMONWEAI:I'1f OF PENNA: COUNTY OF DAUPIfIN: SIIEHII'F'S R~:TUHN N(). 95-4199 Civil Term PACm 441 AND NOW: WITIfIN August 14th III 95 .ul 12:12 P.~1. S~:ItvEll '1'111': Summons in Civil Action UPON Joel Lawrence Davis IIY I'EHSONAl.l.Y IIANDlNG TO Joel lawrence Davis, defendant A TRUE ATTESTED COPY OF TilE OHIGlNAI. Summons in civil action AND MAKING KNOWN TO him THE CONTENTS TIII\HEOF AT the Dauphin County CourtHouse, Front & Market Sts. Harrisburg,Pa. s~.%~?(. ~ ~A~NTY' PCNNA -~) Sworn and RuhsCI'il",d 1<> BY TY SIII:HIFF hpfore me t.his 15th \Y of ^uguat \ 'l 95 .f- J {1;ci-tvD ji-;-"/ta/TlJ C-. ~;W'1'lIONOTAH SIIEHIFF':-; COST .. ~...YZ> S,I/\ ~l., Tn~. Court or C~mmO:1 ::1.0-0::: or" ........ "'-':'~l'---...l,.'.,w~"", ?-=--r:"'yl"--l'- ,--- '-,""",..-.-.. -,,'--....- "1,1 -.,..., ...... ..... Sheila Mitchell Nance 'is. Joel Lawrence Davis :-roo 95-4199 ~!vil Term ---. :~..- Xow, AUQust 08, 1995 ~9_ I. S~..z..."':"~ O? C~[3;:::?"!'~'lD COt..~':Y. ?-L. co .:.. _.'n::":~ .: h=-~ c...:;u= __ _,. Dauphin c,u:ty :0 ==--=t: .:... ',V:::.. =.s =::u::cu. ==t -~.:- :lC = ~ :.:d ::~ oi :.:: ?I~:_:i. r~.<<t=~ Sile..,:f at C::::::u'=d CJu:tr, ":1- . ASdz.vit Qr Sem~ Xow, ~9 . -. ol-:!ca ~[. 1:"'."':':1 ::e wi':":" -.:poa It by ::u:~ :0 J. c::py ai = =::.;-:-... ... md -!l~- !cowu :0 ::.: ..::::t=:s . . :.-:.:.-:::L So =w=. Shc:5 of CoUAtT. ?:z. Swot: :md m=-J:d l:c:"cn: CO51'S SZll,VICZ ~au.-\GZ .~:1l)AVIT .s =::.:.:s_cyoi t!?_ s f_ --.4 _.......t......-__.. ~ v- ...... ~.. ~ !;~ l!J eQ "';11', C~~i!~~i:i~ el:&:~S:3;:!E~ e Q <": &::l:...!. ~ ..l:l:<Il _.... j -C... ~l:.~Q ~~ cj ~f: Q . . 95-096 LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive, Suite 706 Camp Hili, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Joel L. Davis SHEILA MITCHELL NANCE, PLAINTIFF IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 1995-4199 CIVIL TERM JOEL LAWRENCE DAVIS, DEFENDANT CIVIL ArnON - LAW JURY TRIAL DEMANDED ENTRY OF APPEARANCE TO THE PROmONOTARY: Kindly enler my appearance as counsel on behalf of Ihe Defendant, Joel Lawrence Davis, in the above captioned matter. Respectfully submitted, :7 ~Cr~t;::-RBR , aid R. Dorer, Esquire Altorney for Defendant, Joel Lawrence Davis Identification No. 39126 Date: October 19. 1995 LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive, Suite 706 Camp Hili, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Joel L. Davis SHEILA MITCHELL NANCE, PLAINTIFF IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 95-096 VS. No. 1995-4199 CIVIL TERM JOEL LAWRENCE DAVIS, DEFENDANT CIVIL ACTION. LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Entry of Annearance to be served by regular first class mail upon: William P. Douglas, Esquire Douglas, Douglas & Douglas 27 West High Street, P.O. Box 261 Carlisle, PA 17013 Date: October 19. 1995 Donald R. Dorer, Esquire Attorney for Defendant, Joel L. Davis \:H - r~ ,I': ,,_ M','. :<= c..... ~ N . '.1, U__.,-, ,1' ,.. 0' = ,..... t; = ~ I ei.. ; ~~ lll:Q r-~ I e~~8~ i5ij E=l r- ::::1':' e:ir-- QC< -t:'!:._ :=...=<Il=_.... :;~i ~c~~ 0.., Q - 95-096 LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive, Suite 706 Camp Hili, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Joel L. Davis SHEILA MITCHELL NANCE, PLAINTIFF IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 1995-4199 CIVIL TERM JOEL LAWRENCE DAVIS, DEFENDANT CIVIL ACTION - LAW JURV TRIAL DEMANDED PRAECIPE FOR RULE TO FILE COMPLAINT TO TIlE PROTHONOTARY: Please enter a RULE upon plaintiff to file a C suffer the entry of a Judgment of Non Pros. / {~ Date: nald R. Dorer, Esquire Attorney for Defendant, Joel L. Davis October 19. 1995 RULE TO FILE COMPLAINT AND NOW, this] LIfe. day of ~-rb (I L'l ,1995 a RULE is hereby entered upon the Plaintiff to file a Complaint herein within 20 days after service hereof or suffer the entry of a Judgment of Non Pros. 95.096 LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive, Suite 706 Camp Hili, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Joel L. Davis SHEILA MITCHELL NANCE, PLAINTIFF VS. IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA No. 1995-4199 CIVIL TERM JOEL LAWRENCE DAVIS, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praecipe for Rule to File Complaint to be served by regular first class mail upon: Date: October 19. 1995 William P. Douglas, Esquire Douglas, Douglas & Douglas 27 West High Street, P.O. Box 261 Carlisle, PA 17013 tfff:/I~~ Donald R. Dorer, Esquire Attorney for Defendant, Joel L. Davis Vs. No. 1995 4199 *-...--....----.-...-.....................--..........***-....,....- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY **...------.-.-.-..-..-----.-..-.-------..-...------.-***",.""", NANCE DAVIS NOTICE OF RECORD DEPOSITION TO: WILLIAM DOUGLAS, ESQ DONALD R DORER (REQUESTOR) PLEASE TAKE NOTICE THAT THE FOLLOWING RECORD DEPOSITION WILL BE TAKEN AT 4940 DISSTON STREET, PHILADELPHIA, PA ON 11/17/95 AT THE TIME INDICATED. DEPONENT: TIME: ------------------ DR TIMOTHY PERCARPIO DR KATHERINE GALLAGHER ALLSTATE INS CO 10:10 A.M. 10:15 A.M. 10:20 A.M. There will be no interrogation of the deponent, and it is expected that no attorneys will be present. If there is any objection raised by opposing counsel, deponent will be notified. The price for the record is as follows: first fifteen pages = $19.00 and each additional page = $.75 This deposition is for the purpose of copying only. A copy of the above notioe was mailed on 11/1/95 . ATTORNEY FOR THE DEFENDANT By: Jacqueline Mumper MEDICAL LEGAL REPRODUCTIONS, INC. (215) 335-4907 Enc: Copy of subpoena(s) Counsel return card M209406 ...,., ~ - ,..... ~.... .tr:; u,.: :;;-. c'" "--'r. "'....G'.t u. -; ~> Oi; .r-J : ": -t~;' ~::.~~ .,,' :.1_ :"..... ". Q. '" ..~; <-'"' :0: a.. .... o ". ~ ., . . : <~ '. '..' .. " '- > - YOU ,UI MI AI"' I" QUllltO 10 flU ... Will". H 81.....0"\1 to TIll IllelO',I:'J \lilitH'" '''''1 Nr'''Ol 1'1,1,'5 '"0" !>I M'Ih;f II(A[O' 011I ... 'Unt,'4I,.I .." It! tHtrnlO .r.'''H~' YOU ft. ..no",,,, DOUGLAS. DOUGLA~:i [. DOUGI.A!i WI DO llllu,n C.\.llf, IHAI UH "'UHN l~ ... TliUI of!;D '::C.fOllC' cn.., 01 'H' OAlI01HU. I III 0 IN fHl:> ACIl0N "'lTC''' .ir~:;.'" f t ....., 1>'" ft. ':.."U'.l'l'l.'II;',tl.........,., ._'fl' .'" AI.OIUn., SHEILA MITCHELL NANCE V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P A. CIVIL ACTION - LAW NO. 1995-4199 CIVIL TERM JURY TRIAL DEMANDED JOEL LAWRENCE DAVIS REPLY TO NEW MA TIER 12. The allegations of paragraphs 1 through 11 of the original Complaint are incorproated herein and reference is made thefeto. 13. Denied as a legal conclusion. WHEREFORE< it is prayed that the New Matter of the defendant be dismissed. Respectiullysubmitt , ~q. William P. Douglas, Esq. DOUGLAS, DOUGLAS.3I: DOUGLAS 27 WEST HIGH STREET P.O. BOX 261 CARUSLE,PA.17013 717-243-1790 November20,1995 COMMONWEALTH OF PENNSYLVANIA ) 55. ) COUNTY OF CUMBERLAND This verification is made pursuant to Pa. R.C.P. 1024(c) by counsel for the plaintiff, based upon information received, due to the unavailability of the plaintiff. To the best of signer's knowledge, information, and belief, the foregoing is true and correct. DOUGLAS, DOUGLAS & DOUGLAS Dated: November 20, 1995 ~~.~ By William P. Douglas . . , -, , , " I !lice - ~~Q :; ~;::; uQ~ !::=~~ ~==~~~!i1!~ ~Q..I:l:f;::!~ IL :i:2=Gl=~E'l' z"" 1:1.,- - oS: :r!::><c Q'" I:i <Q ""t- ....J - 95-096 LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive, Suite 706 Camp Hili, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Joel L. Davis SHEILA MITCHELL NANCE, PLAINTIFF IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 1995-4199 CIVIL TERM JOEL LAWRENCE DAVIS, DEFENDANf CIVIL ACTION - LAW JURY TRIAL DEMANDED ANSWER OF DEFENDANT, JOEL LAWRENCE DAVIS, TO PLAINTIFF'S COMPLAINT WITH NEW MATIER I. - 4. Admitted. 5. - II. Denied. These paragraphs are generally denied pursuant to Pa.R.C.P. ~1029. WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiffs Complaint, and to enter judgment againsl the Plaintiff and in favor of the Defendant. NEW MATIER 12. Paragraphs I through 11 are incorporated herein by reference, and made a part hereof as if set forth in full. 13. Plaintiffs claims are barred in whole or in part by the provisions of the Pennsylvania No-Fault Motor Vehicle Insurance Act and/or the Pennsylvania Motor Vehicle Financial Responsibility Law. WHEREFORE, the Defendant respectfully prays this Honorable Court to dismiss Plaintiffs Complaint, and to enter judgment against the Plaintiff and in favor of the Defendant. Respectfully submilled, " CES"oF DONA~D R. DORER '# / / /J ;: ;/2-- nald R. Dorer, Esquire Allomey for Defendant Identilication No. 39126 Date: November 16. 1995 95-096 LAW OFFICES OF DONALD R. DORER 3907 lIartzdale Drive, Suite 706 Camp lilli, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Joel L. Davis SIIEILA MITCIIELL NANCE, PLAINTIFF IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 1995-4199 CIVIL TERM JOEL LAWRENCE DAVIS, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED VERIFICATION DONALD R. DORER, ESQUIRE, hereby states that he is attorney for the Defendant in this action, and is authorized to verify that the statements made in the foregoing pleading are tme and correct to the best of his knowledge, infonnation and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Fa.C.S.A. ~4904 relating to unsworn falsification to authorities. or; ~ DONALD R. DORER, ESQUIRE Attorney for Defendant, Joel L. Davis Dated: November 16. 1995 95-()96 LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive, Suite 706 Camp lilli, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Joel L. Davis SlffilLA MITCHELL NANCE, PLAINTIFF IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 1995-4199 CIVIL TERM JOEL LAWRENCE DAVIS, DEFENDANT CIVIL ACTION. LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies Ihat he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Answer of Defendant. Joel Lawrence Davis to Plaintiffs Complaint with New Matter to be seNed by regular first class mail upon: William P. Douglas, Esquire Douglas, Douglas & Douglas 27 West High Street, P.O. Box 261 Carlisle, PA 17013 Date: November 16. 1995 2:t/ Donald R. Dorer, Esquire Attorney for Defendant, Joel L. Davis / .' File No.: 95-096 (Must be typewritten and submitted In duplicate.) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case (check one): ( x) for JURY trial at the next tenn of civil court. ( ) for trial without a jury. {, .. " CAPTION OF CASE: (Entire Caption Must Be Stated In Full) (Check One) ( ) Assumpsit (Plaintifl) ( ) Trespass ( x) Trespass (Motor Vehicle) , , .. SHEILA MITCHELL NANCE, , '-I ... vs. ( ) (Oth.r) JOEL LAWRENCE DAVIS, (Defendant) The trial list will be called on June II. 1996 Trials commence on Julv 8. 1996 Pre,trials will be held on June 19. 1996 (Briefs are dUll S da)'. hefore ('Ire-trial..) vs. (l'he plr1)' lillina this tiN fur lrial &han pnlVide forthwith. cory of the rn<<ipe In.1I cuunlel. purau.nt 10 local Rulli 214-1.) (Additional Defendant) No. 1995-4199 Civil Tenn Indicate the attorney who will try case for the party who files this praecipe: Donald R. Dorer. Esauire. Allomey for Defendant. 3907 Hartzdale Drive. Suite 706. Camp Hill. Pennsylvania. 17011: (717) 731-0988. Indicate trial counsel for other parties if known: William P. Douglas. Esquire. Doulllas. Douf.!las & Doulllas. 27 West Hil!h Street. P.O. Box 261. Carlisle. Pennsylvania. 17013 (717) 243-1790. This case is ready for trial. /J( Donald R. Dorer. Esquire Defendant. Joel Lawrence Davis Signed ' Print Nil e: Allomey for: Date: April 9. 1996 . el.. - i!j""= ;; \OM O~~ :::~S!:~ "'8< 'l" ~=,~,..co._i5~ ~9",~3;:!!:~ <<:",:Rt:' ..l z.... ... - - 4 g :I C;;( u ~'" ~ ;:;~ \ \ c8) JUN 1 'I mnR IJt , \ , 95-(196 LAW OFFICES OF DONALU R. DORER 3907 HBrtzdale Drive, Suite 706 Camp lilli, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Joel L. Davis SHEILA MITCHELL NANCE, PLAINTIFF IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 1995-4199 CIVIL TERM JOEL LAWRENCE DAVIS, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED DEFENDANT'S PRE-TRIAL MEMORANDUM Submilled by Donald R. Dorer, Esquire Allomey for Defendanl I. BASIC FACTS AS TO UABIUTY: PI(."ase see Plaintifrs Pre-trial Memorandum. n. BASIC FACTS AS TO DAMAGES: Please see Plaintifrs Pre-trial Memorandum. By way of further response, a copy of an expert report prepared by John R. Zeleznock, D.M.D. daled April II, 1996 is attached hereto as Exhibil "A" for the Court's reference purposes. m. PRINCIPAL ISSUES: Liability of the parties and damages. VI. EXHIBITS: 1. Photographs depicting vehicular damages. 2. Records of Harry Myers, D.D.S. 3. Records of Dr. Katherine Gallagher 4. Records of Dr. Timothy Percarpio IV. LEGAL ISSUES: Liability of the Defendant. V. WITNESSES TO BE CALLED: 1. Plaintiff, Sheila Mitchell Nance (as on cross examination). 2. Defendant, Joel Lawrence Davis 3. Dr. John Zeleznock (by videotape depostion scheduled for July 3, 1996 at 9:00 a.m.). The Defendant reserves the right to list and/or call such other and further witnesses as may be listed by the Plaintiff, as well as any treating physicians, upon reasonable notice to the Plaintiff. VII. ESTIMATED LENGTH OF TRIAL: One day. vm. SR'ITLEMENT NEGOTIATIONS: Please see Plaintiffs Pre-trial Memorandum. Respectfully submitted. LAW OFFICES OF DONALD R. DORER Dated: June 14. 1996 ()@ M-- DONALD R. DORER. ESQUIRE Attorney for Defendant 3907 Hartzdale Drive. Suite 706 Camp Hill, PA 17011 Telephone No. (717) 731-0988 Identification No. 39126 ,,,.,,., Ct) . . SMITH.ZELEZNOCK. P.C. JOHN W. SMITH, D.D,S. JOHN R. ZELEZNOCK. D.M.D, Ora/,nd MuUIo/tlCl/Il S.."t'" 908 So..,h G",,,t 5'"" Yo,k. Ptllluylwzllla 1740] Ttltphollt 717.8J4.9J29 AprllU, 1996 Donald Dorer: Esquire 3907 Hartzdll'le Drive Suite 706 Camp HUl, PA 17011 R.e: Sheila Nanc~ Dear Mr. Dorer: Prior to my examination of Sheila Nance, I have reviewed the medical and dental records of Dr.'s Myers, and the MRI report of Dr. Camponovo. Sheila Nance was involved in a MV A on December 9, 1994. She was a se.atbelted operator of the vehicle at the time of the accident. Her arm was placed over the steering column prior to her face striking her arm. She did not s~ek immediate treatment, but was examined two days later by Dr. Perez, and was immediately refened to Dr. Myers. An MRI completed on December 12,1994. revealed both TMJ's to be abnormal. On the left side the meniscus is deformed, with mild beaking of the condyle. On the right side the meniscus is also displaced anteriorly, however, when the mouth is open, the condyle recaptures to some 1 . . degree. The conclusion was a left abnormal meniscus without capture and early osteoarthritis of the condyle. On the right side the abnormalities are less significant. My concern, with this report, is that osteoarthritis does not develop in three days, and that no fluid was detected within the capsule. Any injury severe enough to dislocate the meniscus would be accompanied by an extravasation of blood within the joint capsule. This was not evident onthe MRI film. She was subsequentiy treated by Dr. Myers with medications and splint therapy in a very judicious manner. On March 28, 1996, she was examined, in my private office, for possible TMJ dysfunction. She is a pleasant appearing female in generally good health. She is a non. smoker and is presentiy not taking any medications. She admits to wearing an orthotic appliance at night, however, she did not have the splint in her possession. Her intermaxillary opening was 35 mm, and her R.L.P measurements were 10.8.8 mm respectively. The lateral excursions are normal, however, the intermaxillary measurement is on the low side of normal. Auscultation of both condyles did not elicit any clicks, pops or crepitus sounds, with the exception of a left click on opening at approximately 33 mm. Finger pressure at the preauricular fold during opening and 2 .-.....,.... . closing movements was negative for pain or discomfort. Hand pressure on the symphysis area of the mandible exerted in a posterior direction was negative for condylar pain. Intra and extJra palpation of the muscles of mastication was negative for pain or spasm. Two panorex films were taken, which reveal a full complement of teeth in good condition. The condyles are uniform and are well positioned within their respective fossas. Her intermaxillary occlusion is in a class I relationship without deviation upon opening. I must state with a reasonable degree of medical certainty that Sheila's condylar meniscus were compromised and deranged prior to the accident. However, it is possible that additional trauma may have aggravated this condition which appears to have been resolved in a satisfactory manner by Dr. Myers. Sincerely, ~ Zeleznocl(, JRZ:kp 3 LAW OFFICES OF DONALD R. I>ORER 3907 Hartzdale Drive, Suite 706 Camp 1111I, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Joel L. I>avls SHEILA MITClmLL NANCE, PLAINTIFF IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA , 95-096 VS. No. 1995-4199 CIVIL TERM JOEL LAWRENCE DAVIS, I>EFENDANT CIVIL ACTION - LAW JURY TRIAL I>EMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies Ihat he is the allorney for the Defendant herein, and that he caused a true and correct copy of the allached Defendant's Pre-trial Memorandum to be served by regular firsl class mail upon: William P. Douglas, Esquire Douglas, Douglas & Douglas 27 Wesl High Street, P.O. Box 261 Carlisle, PA 17013 Date: June 14. 1996 onald R. Dorer, BSqui Attorney for Defendant, Joel L. Davis JIX 'If lthlFRII $,:011 [111\\1.[1 R IIIIRER ESI) . TEl. T -j I liltS" f> 11111 1.A w OmCt;5 DONALD R. DORER 3907 IIAR1otPAU; I)RIVF. Slim: 706 eMIP IJIIJ" 1',\ 17011 .JUt\ " , 4$ (0' ,J96 J...-' noN"''' R. DoRER SCorr A. l<'RF.EUNIl TELEPnoNI!: (717) 731-0988 FAX: (717) 731-6987 TDD: 1.800-'22-2421 REfER TO: 95.096 June 14, 1996 I<'ACSlMn.E TRA:'oISMISSION (717) 240-6462 (9 Pages) Richard Pierce, Coun Adminislr.ttor Cumberland Counly Counhousc One Counhouse Square Carlisle. PA 17013 RE: Sheila Mllchell Nance vs. Jocll.awrencc Davis Cumberland Cuunly: No, 1995'4199 Civil Ternl Dear Rick: Enclosed please find Defcmlanl'S Pre'lrial Conference Memornndum for Ihe above referenced ease, Thank you for yuur allelllion, DRD:slr Enclosures e: WlUiam I'. Douglas. a,quire (w/enel. by facsimile lransmission) Jl:': If <ihtFRl1 Ih:1I1I 1111\.\1.11 R IIIIRi:R ESI} 95,096 LAW OFI"CF:S OF DONAJ.O It. J)ORER 3907 Bartzdale Drive, Suite 706 Camp Hill, PA 17011 Telephone Number: (717) 731-0988 Attorneys Cor DeCendant, Joel I.. Davis -. '~-'---, --. SUEILA MITCHELL NANCE. 1'I.AINl1FF VS. .JOEL LAWRENCE DAVIS. DF.n-:NIIANT m. '1' ":;1 11'18" IN Tilt: COUIlT 0.' COMMON PLEAS CllMHt:IlI.ANIl COUlloTY, Pf.'lNSVLVANIA No. 1995.4199 CIVIl. TERM CIVIL ACnON - LAW .JURV 'fRIAL OEMANIIED DEFENDANT'S PRE-TRIAL MEMORANDUM Submitted by Donald R. Dorer, Esquire Attorney for Defendant I. BASIC FACTS AS TO UA~JJ.In:: Please see Plaintiffs Pre.1lia1 Mcmor.l.ndulII, II, BASIC FACTS AS TO MMAGES: Please see Plaillliffs Pre-trial Memor;lIuhlln, By way of funher response. a copy of an expert report prepared hy John R. Zdeznock. D,M,D. dated Aprilll, 1996 is att.1choo hereto as Exhibit "A" for the Court's reference plllpo~es, m. PRTNCIPAI.ISSITF.5.: Liabilily uf the parties allll damages. r 11111 11:1. T Ojl II'IS" JIX'14'(lhIFRlllhlll IJlI\\I.IIR, 111I~r~ rSI! IV. I~S511F.';: Liability of the Dcfcmlalll. V. WITNESSES TO RF...CAI.I.IlQ: 1. Plaintiff. Sheila Milchell Nallcc (as Oil cross ellalllillaliun). 2, Defendant. Joel L1wrcmr,c Davis J. Dr. Johll ZeleZllllck (by videotapc dLlloslion scheduled for July 3. 1996 al 9:00 a.m.). TIlc Defendant rcsclVes the right to list and/or call such othcr and further witnesses as may be listed by the Plaintiff, as \Veil as any treating physicians, UJlOll reasonable noticc to the Plaintiff, VI. F.XHTRITS: 1. Photogl"dphs depicting vehicular damages. 2. Records of Harry Myers, D,D,5, 3. Records of Dr. Katherine Gnll:lgher 4. Records of Dr, Timothy P~rcarpio VII. ESIIMAllm I.F.NOJll.DE,TRIAT..: One day. P IlUj Jl\ '1-1" lihlFRII \h\ll 111I\\LlJ R IIIIRER ESI} TI:! T Ojl \IllS' I' \I\I~ VIII. Sm-n.F.MF.N'I' N-"KiQTIA:rI..o1'l~: PIt'.3S11 $00 Plaintiffs 1'1I)'lIial Melllurandum, Respectfully sulJlJlilled, LAW OFFICES OF DONALD R. DORER Dalel!: June 14. 1996 (){11M DONAI.D R. DORER. ESQUIRE Attorney for Defendant 3907 Hartzdalc Drive, Suile 706 Camp Hill, PA 17011 Telephoue Nil, (717) 731,0988 Identification No. 39126 JI'\ ,1-1 lihlFR11 II> III 1111\\1.11 R IIIIRI:R ESt) HI. T Ojl 11'18" P 11115 EXHIBIT "A" JI \, 1-1' <ih IFRII Ih III lill\ 11.11 R IIiIRi:R i:SI} Ti:1. T -jl 11<18" P '"lb . . SMITH.7.ELEZNOC:K. P,C, JOHN W, SMITH. D.D,S. JOHN R, ZELEZNOCK. IJ.M,D. On" "Id MuUlof/lCltJ/ Surrrry 908 South G,or(' Strut I'ark, P."myl,'.nlu /74UJ To/.phon. 'I '.8$4,0529 April 11, 1996 Donald Dorer: Esquire 3907 Hartzdale Drive Suite 706 Camp Hill, PA 1701! Rll: Sheila Nanc~ Dear Mr. DQr.er: Prior to my examination of Sheila Nanw, I hlwe reviewed the medical lUld dental record... of Dr.'1I Myers, and the MRI report of Dr. Camponovo. Sheila Nance wall invol"t:d in a MVA on December 9, 1994. She was a 5t".atbelted operator of the vehicle at the time of the accident. Her arm was placed over the steering column prior to her face striking her arm. Sh(' did not st,~ck immediate treatment, hut was examined two days later by Dr. Perez, and wall bnmedist.ely refeued to Dr. Myers. An MRl completed on December 12, 1994. n.wJ'eaJcd both 'I'MI's to he abnormal. On the left side tJ1C menisl.U'i is deformed, with mild bealdng of the condyle. On the right side the meniseu... is also displaced anteriorly, however, when tJlC mouth is open, the condyle re~lpturCB to some I JI'\:I~ 'lhIFRII Ih 111 1111\\1.11 R IIIJRLR LSI) TI:I. T .jl 11'18. 1'1111. . . degree. The conc1ufilon Willi II left abnormal meniscus without capture anti CJlrly oswollrthritil'i of thc condyle. On thc right sidc dlC abnormalities are lellS significant. My concern, with this report, is dlat ollteollrthritis dOI:lll not deveJop in thrL'C days, and th:at no auid WIlS detected within the capsule. Any injury SL"VefC enou~b to dislocate the meniseu.'ll would be accomp:ulled hy an cxtravasation of blood within the joint capsule. l'hil'i w:as not evident onlhe Mill f'1lm. She was lIubllcquendy ueatcd by Dr. Myers widl me:tlie;luons and splint thaapy in a very judicious manner. On March 28, 1996, she was examined, in my private office, for possible TMJ dysfunction. She ill a plc.aslant apI'earing fcmlllc in generally good health. She is a non.smoker and il'i presently not taking any medications. She admit.'i to wearing an orthotic Ilppliance lit night, howeva, she did not have dle splint in her posllclIsion. Her intermaxillary opening wall 35 mm, and her R.L.P meallurement.c; were 10.8.8 mOl rcspectively. The lateral CXL"Ul'lIions arc normal, however, dle intermaxil1llry measurement ill on the low Ilidc of normal. Auscultation of bodl condylell did not elicit any click.'i, pOpll or crepitus 1I0unds, with the exception of a left click on opening at approximately 33 mOl. Finger pressure at the prC:luriculllr l"old during opening land 2 JI'\ .-If lihlFR11 Ihll1 1111\\1.11 R IIIIRER ESt} W, T Ojl IICJ8- closing movements was negativc for pllin or discomfort. Hand pressure on tJle li)'mphysis area of the mandible exerted in II posterior weedon was negativc for condylllr pain. Intra and cxtrll palpation of tbe musc1cll of mastication was negativc for pain or spasm. 'l'wo panoro: f.tJ.nlS were tllken, wbicll reveal a full complement of teeth in good condition. The condyles are uniform and are well positioned witbin their rcsl)ectiv&~ fOS8l111. 1-1& intermuxillllry occ1u.sion is in a c1asll I relationsbip without deviation upon opening. I must state witb a rcolsonnble degree of medical certainty that Shcilll'S condylar meniscus were compromiscd und deranged prior to thc accident. HOWl-over, it ill possible that additional trauma may have aggravated this condition whicll appears to have been resolved in a satisfactory manner by Dr. Myers. Sincerely, ~:cznocl(' JIlZ:kp 3 I' 11118 JI\ ,1-1' 'IhIFRII 1611j 1111\\1.11 R IHIRER i:SI} 9S-096 Ill. T Ojl 1198" P 110(1 LAW Olo"l''ICFAl:i m' DONALD R. DOTtER 3907 Hartzdale Drive, Sulle 706 Camp 1111I, PA 17(111 Telephone Number: (717) 731.0988 AllOnleys Cor DeCenrlmll, .Ioel L. Davl~ n_ IN THE COUIIT OF COMMON PLEAS CUMIlF.lU.ANIl COUNTY, PENNS\'LVANIA Slmn..A MITCHEI.I. NANCE. 1'I.AIN1"',}' VS. No. 1995-4199 CIVIl. TERM JOEl. LAWRENCE DAVIS. DEn;Jl(IlA!lo'T CIVil. ACI'IlJN - LAW .IURV TIIIAI. UEI\IA/'I1IEfl CERTIFICATE 0'" SERVICE Donald R, Dorer. Esquire. herehy cenilics that he is t!lll :lllOml)y for the Defendant herein, and lhat hI) c.1uscd a tmll and correct copy of tile allached Odeudanl's Pre. trial M'emoiolnrlnm to be served by facsimile transmission upon: William P, Douglas. Esquire Douglas. J)1IIIL11:IS & Douglas 27 Westlligh Street. 1'.0. !lox 261 Carlisle. PA 17013 Dale: Jllne 14. 1996 tJfZ#Z2~ Wllnald R. Dorer. Il~qnire AlIumey fbr Defeml..nl, Jocl L, Davis ."., . " TaU AlII: HUIIT IIIOUUtlO 10 JILt .l WttlrnN ttUPOIUI; TO THr. [NCLOSlO .tUIIIlI "nth... nOI DAn nOllllUVICI Hueo, 01 A JUOOllltHT NAT I[ utrftU AOAIHn YOU. IY ___. DOUGLAS D.oUGLAS & DOUGLAS - . AU(lJUllY!:: Af tA"", WE DO MOUlt'll' .:tRllr, IHAI 'HE WtfHIN II A nUl; AND COlilttfCICO" 0' tH[ OItIOIHAL flUb IN THIS ACIION. '. ay __~.__.__ ..t... AIlOIlNn I~ .. ...,.... !lo"Ut' ,. '" IHH r~' AlTO.Hr:y CARL1~l.r:. ,.tt4tl5Yl.VA'~f" ..... '~." \ ~"" Doug''', Dougl.. Ie Dougl.. 27 W. High Sl. POD 261 ClrU.le PI 17013 Telephone 717.243.1790 WlIIlam 1'. Doulllas, Esq. Supreme Court 1.0..37926 heila MRch811 Nance In the Court of Common Pleas 0 Cumberland County Pennsylvania Plaintlll vs 1995.4199 Civil Tenn Joel Lawrence Davis Defendant Civil Action Law Ju Trial Derrmnd8d 1. BASIC FACTS AS TO LIABILl1Y The plaintiff, was injured in a motor vehicle accident which occurred on December 9th, 1994. She was the operator of a vehicle on State Route 2028, when the defendant proceeded to take a left hand turn directly in her path of travel causing an accident. In the accident she suffered an injury to her jaw. 2. BASIC FACTS AS TO DAMAGES The plaintiff suffered a locked jaw as the result of the accident and has had to wear an oral appliance for the residuals of the condition since the accident. 3. PRINCIPAL ISSUES Liability of the parties and damages. 4. LEGAL ISSUES Liability of the defendant. 5. WITNESSES TO BE CALLED a.) Plaintiff b.) Greg Nance c.) Harry Myers DDS d.) defendant as on cross 6. EXHIBITS life table 7. ESTIMATED LENGTH OF TRIAL 1 day. 8. SEITLEMENTNEGOTlATIONS $3,500.00 offer by defendant. Plaintiffs demand 45,000.00. \' William P. Douglas, Esq. Attorney for plaintiff Nance Date; June 13,1996 9. SHEILA MITCHELL NANCE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V : NO. 95-4199 CIVIL TERM JOEL LAWRENCE DAVIS ORDER OF COURT AND NOW, June 17, 1996, by agreement of counsel, the above-captioned matter is hereby continued from the JULY, 1996 Trial Term. Counsel is directed to relist the case when ready. By the Court, William P. Douglas, Esq. Lt'X\t'} For the Plaintiff \'(\\\~ t. " C l\\; Donald R. Dorer, Esq. l.; J ~ \' For the Defendant Court Administrator :br " ,. If) 1::: ..:1 ;:~ .. : ~~ ....,~:; ,.. J.-:I .. ( 1<' C :'~ ~, ". ~i;' .:..~ :'.'J '"~ ;~ fI" .. , , J. ii"J cr! :.~_' ::... 1- -', ; '" , " (j C l.J , File No.: 95.()96 l!JtAECIPE FO~G CASE1OR..TRlAL (Must be typewritten and submitted In duplicate.) TO TIlE PROTIlONOTARY OF CUMBERLAND COUNTY: ,') Please list the following case (check one): ~., ' ( x) for JURY trial at the next tenn of civil court. ( ) for trial without a jury. .~,., \~.. " ,"'J CAPTION OF CASE: (Entire Caption Must Be Slated In Full) . " ;,;...( ~..l " ..1\ ~ ~ J ,,1-, "1 ; i-~) "In .~1 'n :...: ti '. . ,;-. (Check One) ~ --, (TJ ( ) Assumpsit SHEILA MITCHELL NANCE, ( ) Trespass (Plaintiff) ( x) Trespass (Motor Vehicle) vs. ( ) (Other) JOEL LAWRENCE DAVIS, (Defendant) The lriallist will be called on Au.usl 20. 1996 Trials commence on SePtember 16. 1996 Pre-trials will be held on Au.us! 28. 1996 (Brief. arc duc 5 day. hcfnre pnHrilll.) vs. (The party li.tinS \hi_ Cale fur tri.1 than pnlvhJe fnrthwith I tOrY of the pneclpe to.u coun.cl. ('unu.nllu hlUI Rule 214-1.) (Additional Defendant) No. 1995-4199 Civil Tenn Indicate the attorney who will try case for the party who files this praecipe: Donald R. Dorer. Esquire. Attorney for Defendant. 3907 Hartzdale Drive. Suite 706. Camp Hill. Pennsylvania. 17011: (7)7) 731-0988. Indicate trial counsel for other parties if known: William P. Doue:las. Esquire. Doue:las. Douglas & Doue:las. 27 West Hie:h Street. P.O. Box 261. Carlisle. Pennsylvania. 17013 (717) 243-1790. This case is ready for trial. -(" /' '/ 'j ,.I Signed: i'/; ..'." /L' /L Print Nalrtc: Donald R. Dorer. EsQt1ire Attorney for: Defendant. Joel Lawrence Davis Dale: June 21. 1996 - c:a:: _......... ~ClC - OO~ CIlQ :eoog, III O::l _ 00 , ... tjQ"'8<9i:i~ - '!Sr-c.__g i::CIl:ic~:l;::!;:"l' oC<;J-r:__ :=..l="'=_.... ~-<,... a.Cll<c -, '" :F. <c ,~ 0.. -< "'" t- O.., u Q I' ~ 95.()96 . LAW OFFICES OF DONALD R. DORER 3907 IIartzdale Drive, Suite 706 Camp lIlli, PA 17011 Telephone Number: (717) 731-098!l Attorneys for Defendant, Joel L. Davis SHEILA MITCHELL NANCE, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 1995-4199 CIVIL TERM JOEL LAWRENCE DAVIS, DEFENDANT CIVIL ACTION. LAW JURV TRIAL DEMANDED DEFENDANT'S REQUESTED POINTS FOR CHARGE 1. In civil cases such as this one, the Plaintiff has the burden of proving those contentions which entitle her to relief. When a party has the burden of proof on a particular issue. 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 Plaintiff; onto the other, place all of the evidence favorable to the Defendant. If, after considering the comparable weight of the evidence, you feel that the scales tip, ever so slightly or to the slightest degree, in favor of the Plaintiff, your verdict must be for the Plaintiff. If the scales tip in favor of the Defendant, or are equally balanced, your verdict must be for the Defendant. In this case, the Plaintiff has 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 December 9, 1994, and the hann alleged by the Plaintiffs arising therefrom. If, after considering all of the evidence. you feel persuaded that these propositions are more probably true than not true, your verdict must be for the Plaintiff. Otherwise, your verdict should be for the Defendant. Pennsylvania Standard Jury Instructions (Civil) ~5.50. 2. In a negligence action such as this case, proof of damages Is an essential element. When a Plaintiff falls to establish damages in a negligence action, the Defendant is entitled to a verdict even though the Defendant was guilty of negligence. Troutman v. Tnbb, 285 Pa.Super. 353, 427 A.2d 673 (1981). ( ( 3. The legal tenn negligence, otherwise known as carelessness, is the absence of ordinary care which a reasonably prudent person would exercise in the circumstances here presented. Negligent conduct may consist either of an act or an omission to act when there is a duty to do so. In other words, negligence is the failure to do something which a reasonably careful person would do, or the doing of something which a reasonably careful person would not do, in light of all the surrounding circumstances established by the evidence in this case. It is for you to detennine how a reasonably careful person would act in those circumstances. Pennsylvania Standard Jury Instructions (Civil) ~3.01. r<-- 4. Ordinary care is the care a reasonably careful person would use under the circumstances presented in this case. It is the duty of every person to use ordinary care not only for his own safety and Ihe protection of his property, but also to avoid injury to others. What constitutes ordinary care varies according to the particular circumstances and conditions existing then and there. The amount of care required by the law must be in kecping with the degree of danger involved. Pennsylvania Standard Jury Instructions (Civil) ~3.02. ( l...- 5. lhe Defendant claims that the Plaintiff was contributorily negligent, and the Defendant has the burden of proving the existence of such negligence. You must, therefore, detennine whether the Plaintiff was negligent. in that as an ordinarily prudent person, under all circumstances then present, she failed to exercise reasonable care for her own protection. If you find that Plaintiff was negligent, you must then detennine whether Plaintifrs conduct was a substantial factor in bringing about her injury. As I have previously said contributory negligence is a defense for which the Defendant has the burden of proof. The burden is not on the Plaintiff to prove her freedom from contributory negligence. A Defendant who defends on the grounds of contributory negligence must prove that defense by the fair preponderance of the credible evidence. If he has not sustained that burden of proof, then the defense of contributory negligence has not been made out. Pennsylvania Standard Jury Instructions (Civil) ~3.03 (see also, Pennsylvania Standard Jury Instructions (Civil) ~~3.03A, 3.50). e'!",~ 6. In order for the Plaintiff 10 recover in this case, the Defendant's alleged negligent conduct must have been a substantial factor in bringing about the accident. This is what the law recognizes as legal cause. A substantial factor is an actual, real factor, although the result may be unusual or unexpected, but it is not an imaginary or fanciful factor or a factor having no connection or only an insignificant connection with the accident. Pennsylvania Standard Jury Instructions (Civil) ~3.2S. 7. A motorist, in general, is held to a higher degree of care at an intersection than between intersections, Liebennan v. Philadelphia Transportation Co., 410 Pa. 179, 188 A.2d 719 (1963), and certainly all drivers arc chargeable with the knowledge that an intersection is a place of danger, Sweet v. Rounds, 349 Pa. 152, 36 A.2d 815 (1944). The fact that a driver has a right-of-way at an intersection does not relieve him of the duty to ascertain that the intersection is clear prior to entering into it, WriL!hl v. Southeastern Pennsylvania Transponation Authority, 239 Pa.Super. 165, 361 A.2d 389 (1976), and does not give him an absolute right to cross the intersection, Todd v. Talatta, 200 Pa.Super. 342, 188 A.2d 807 (1963). Even where a motorist has the right-of-way through an intersection, a motorist must take such precautions in regard to control and speed of his car, and keep an alert lookout for cars approaching the intersection as a reasonably prudent person solicitous of his own safety would take. Lind v. Thomas, 265 Pa.Super. 121, 401 A.2d 830 (1979). t '- "",/.- ..,-;.... "--, 8. The number of witnesses offered by one side or the other does not. in itself, detennine the weight of the evidence. It is a factor. but only one of many factors which you should consider. Whether the witnesses appear to be biased or unbiased. whether they are interested or disinterested persons, are among the important factors which go to the reliability of the testimony of each witness. In short the test is not which side brings the greater number of witnesses or presents the greater quantity of evidence; but which witness or witnesses, and which evidence, you consider most worthy of belief. Even the testimony of one witness may outweigh that of many. if you have reason to believe his testimony in preference to theirs. Obviously, however, where the testimony of the witnesses appear to you to be of the same quality, the weight of numbers assumes particular significance. Pennsylvania Standard Jury Instructions (Civil) fi5.03. ~ ,. ,,"1- .' . 9. You may find inconsistencies in the evidence. Even actual contradictions in the testimony of witnesses do not necessarily mean that any witness has been wilfully false. Poor memory is not uncommon. Sometimes a witness forgels; sometimes he remembers incorrectly. It is also true that two persons witnessing an incident may see or hear it differently. If different parts of the testimony of any witness or witnesses appear to be inconsistent, you the jury should try to reconcile the conflicting statements, whether of the same or of different witnesses, and you should do so if it can be done fairly and satisfactorily. If, however, you deeide that there is a genuine and irreconcilable conflict of testimony, it is your function and duty to detennine which, if any, or the contradictory statements you will believe. Pennsylvania Standard Jury Instructions (Civil) ~5.04. 10. You will recall that Dr. Harry Meyers gave testimony as to his qualifications as an expert in the field of oral surgery on behalf of the Plaintiff. Sirnilarly, Dr. John Zcleznoek testified as to his qualifications as an expert in the field of oral surgery 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 rnerely 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. 11. In general, the opinion of an expert has value "nly when you accept the facts upon which it is based. This is true whether the facts are assumed hypothetically by the expert, come from his personal knowledge, from some other proper source or from some combination of these. Pennsylvania Standard Jury Instructions (Civil) ~5.31. C-" ~ 12. 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) AS.33. e-L..-- <J, 13. 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), 20 REVISED edition, 1978 (~37.21). ( - 14. You should not allow sympathy, emotion or prejudice to influence your deliberations. You should not be influenced by anything other than the law and the evidence in the case. Pennsylvania Standard Jury Instructions (Civil) 020.00. CV - , , IS. The Plaintiff is 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 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) fi6.30. The Defendant's negligent conduct may not be found, however, to be a substantial cause of the hann alleged by the Plaintiff when the Plaintiffs injury would have been sustained even in the absence of the Defendant's negligent conduct. Hamil v. Bashline, 481 Pa. 256, 265, 392 A.2d 1280, 1284 (1978). " r J A;),. f'P 1 i, k \ , , \. ,- 16. The Plaintiff has the burden of proving through expert testimony that the automobile accident in question was a substantial factor in bringing about the aggravation of the pre-existing condition in her jaw joints. See. e.e:., Kravinsky v. Glover, 263 Pa.Super. 8, 396 A.2d 1349 (1979). The Plaintiff must sustain this burden by what is known as a preponderance of the evidence. This means that she must make it appear that it is more likely than not that the conduct of the Defendant was a substantial factor in bringing about the alleged hann. A mere possibility of such causation is not enough; when the matter remains one of pure speculation and conjecture, or the probabilities are at best evenly balanced, It becomes your duty to find for the Defendant. Hamil v. Bashline, 481 Pa. 256, n.9, 392 A.2d 1280, n.9 (1978); COMMENT (a) to Section 433B Restatement (Second) of Torts; Walsh v. Snyder, _ Pa.Super. _' 441 A.2d 365 (1981). " ~' , , ! , , \ ,\- ,',- .... \ \. \. / \ t' 17. The purpose of awarding compensatory monetary damages is not to punish the Defendant, or to reward the Plaintiff, but rather its purpose is to fairly compensate the Plaintiff for any damages that you may find she has sustained. In awarding damages, the award must be limited to compensation and compensation alone. Incollin~o v. Ewin~, 444 Pa. 299, 382 A.2d 206 (1971). ,~..,.. . 18. There has been evidence in this case that medical services were perfonned for the Plaintiff, Sheila Nance. However, you have received no evidence of the amount of the medical expenses incurred as a result of his physical injury. Such losses were paid from other sources and are not recoverable in this case. While you may consider the types of medical services perfonned in reaching the 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. Pennsylvania Standard Jury Instructions (Civil) fi6.02A. / .' I ~.;\ 19. Under the law and evidence, I direct you, the members of the jury, to find as your verdict that the Plaintiff did not suffer a serious impainnent of a body function as a proximate consequence of the automobile accident of December 9, 1994. Murray v. McCann, _ Pa.Super._, 658 A.2d 404 (1995); Dodson v. Elvey. 445 Pa.Super. 479, 665 A.2d 1223 (1995) ~ I:ranted, _ Pa. _, 674 A.2d 1072 (1996). {/ 20. The Plaintiff claims two different types or classes of damages in this case. The elements which the Plaintiff has the burden of proving with respect to each type of damages are somewhat different. The first type or class of damages sought by the Plaintiff is generally referred to as "economic" loss damages and includes income loss, medical expenses, loss of earning capacity, and (lut-of-pocket expenses. The second type or class of damages is generally referred to as "non-economic" loss damages and includes such things as pain (past, present, and future), emotional suffering, disability, loss of enjoyment of life and life's pleasures, embarrassment, and humiliation. As I indicated, what the Plaintiff must prove differs somewhat depending on which type of damages claim is being considered -- economic or non-economic loss damages. I will now instruct you regarding the elements which the Plaintiff must prove. Pennsylvania Standard Jury Instructions (Civil) A6.02B. \ , I. , \,." t." ,~! w\{\ :1 III , ,.\ "'~ '\ jl ~ t ,0" ~ . '\ , I ~ i ' "~'~~ 21. In a case of this type, a Plaintiff may recover economic losses if she can show by a greater weight of the evidence that: (I) Defendant was negligent in one or more ways as I described to you in my instructions; (2) Defendant's negligence was a substantial factor in bringing about injury to the plaintiff; and (3) Plaintifrs injury resulted in economic losses. Pennsylvania Standard Jury Instructions (Civil) fi6.02C. c V' ,...,- . . 22. Under Pennsylvania law, the Plaintiff may recover non-economic loss damages in this case if the Plaintiff can show by thc greater weight of the evidence: (\) Defcndant was negligent in one or more ways as I described to you in my instructions; (2) Defendant's negligence was a substantial factor in bringing about injury to the plaintiff; and (3) Plaintifrs injury resulted in non-economic damages; and (4) Plaintiff suffered serious impainnent of a body function. To decide this last and additional element of proof, you must decide, based upon the evidence: (\) Whether the injuries sustained by Plaintiff in the accident impaired one or more body ~ctions; and (2) Whether t~t Impainnent of a body function was serious. C4.-- In detennining whether tile impainnent of a body function was serious, you should consider such factors as the extent of the impainnent, the particular body function impaired, the length of time the impainnent lasted, the treatment required to correct the impainnent, and any other relevant factors. An impainnent need not be pennanent to be serious. The tenns "serious", "impainnent", and "body function" have no special or technical meaning in the law and should be considered by you in the ordinary sense of their common usage. Pennsylvania Standard Jury Instructions (Civil) ~6.02D. '\ . L. \';.1' L , J \ , ; J ",/ . . ' . . , 23. A Pennsylvania appellate court has stated that: "[a]n impainnent involves more than the injury itself. The consequences of the injury must involve a serious impact for an extended period of time on a Plaintiffs life [citation omitted]. It must interfere substantially with the Plaintiffs nonnal activities and not impose only a mild or slight limitation [citation omitted]." Dodson v. Elvey, 445 Pa.Super. 479, 499, 665 A.2d 1223, 1234 (1995) IlI.I.llC... e:ranted, _ Pa._, 674 A.2d 1072 (1996). /, ,- " \ \ \ ' l)1 (}-" (J// \. .,,9- , . - ,i/'- .' . ~ , 1'-.' \ / I " \, \ l t \ ", \ \ 'll 1 \' V:'. q ..)--' ('! \ , \) " , '1 I I \ ~J\ \0' \..;... .. . . t,.' . Respectfully submitted, Date: Sc:ptember 16. 1996 LAW OFFICES OF DONALD R. DORER /~~ . / '-j'j J.- i /, / /" / .- By: /.,/ .'/1./'/ /~ . onal . Dorer, Esquire Attorney for Defendant, Joel L. Davis Identification No. 39126 . .' '-' 95.()96 LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive, Suite 706 Camp Hili, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Joel L. Davis SHEILA MITCHELL NANCE, PLAINTIFF IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 1995-4199 CIVIL TERM JOEL LAWRENCE DAVIS, DEFENDANT CIVIL ArnoN. LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Defendant's Requested Points for Chare:e to be hand delivered at the Cumberland County Courthouse upon: William P. Douglas, Esquire Douglas, Douglas & Douglas 27 West High Street, P.O. Box 261 Carlisle, PA 17013 Date: September 16. 1996 /1 /} I .1'/---7-- , L'I/ '/ Donald R. Dorer, EsquireV Attorney for Defendant, Joel L. Davis ))1' .. YOU AllIt "'.U' "(QUll'fD 10 fiLl A WltlfUH ItU,Ollln 10 IH' ,HelOUD WIIHIN "tuny IIDI DUS no.. SUVICr. HUCO' O. " JUDc;~[H' tIlU Ie [N'~"lD AGAINST YOU. .,---. DOUGLAS. DOUGLAS 6. Dou',;LA.S 411'''' ",nMoS1.fl' . 0 110' 111< WI 00 Hllf,a, CLNll', fHA' 'HI: WI''''N IS" 'AUt IND COllltrCrco~' Of' tHE O"IGtCU 'u.lI)o IN IHIS .CflON. "nO.'HH:Y~....' lA,.., ATTOIIHU .,-- AlI0'''.U In the Court of Common Pleas 0 Cumberland County Pennsylvania Plaintiff vs 1995.4199 Civil Tenn Joel Lawrence Davis Defendant Civil Action Law Ju Trial Demanded Plaintiff's Requested Points for Charge Vehicles Turning Left- Ll. The driver of a vehicle intending to turn left within an intersection . . . shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute a hazard. 77 P A.C.S.A.S3322 C L2. Upon a roadway no person shall turn a vehicle or move from one traffic lane to another. . . unless and until the movement can be made with reasonable safety. Failure of the driver to do the aforesaid constitutes negligence on the part of that driver. 77 PA.C.S.A.S3334(b) c... nance points for charge page 1 01. The plaintiff is entitled to be fairly and adequately compensated for such physical pain, mental anguish, discomfort, inconvenience and distress as you may find she has endured, from the time of the accident until today. Pa. S.Civ. J. I. 6.01 E to' ,-. nance points for charge page 2 nance points for charge 02, The plaintiff Is entitled to be fairly and adequately compensated for such physical pain, mental anguish, discomfort, Inconvenhmce and distress as you believe she will endure in the future as a result of her Injuries. Pa. S.Civ. J. I. 6.01 F '- page 3 D3. The plaintiff is entitled to be fairly and adequately compensated for past, present and future loss of her ability to enjoy life as a result of her injuries. Pa. S.Civ. J. I. 6.01 1 i...-- nance points for charge page 4 D4. If you determine the plaintiff's injuries will continue beyond today, you must determine the life expectancy of the plaintiff. According to the statistics compiled by the United States Department of Health, Education and Welfare, the average life expectancy of all persons of the plaintiff's age, sex and race, at the time of the accident is 46.3 years. This figure is offered to you only as a guide, and you are not bound to accept it if you believe that the plaintiff would have lived longer or less than the average individual in her category. In reaching this decision you are to consider the plaintiff's health prior to the accident, her manner of living, her personal habits and other factors that may affect the duration of her life. Pa. S.Civ. J. I. 6.21 , I . ' , ~ page 5 nance points for charge 05. Under Pennsylvania law, the plaintiff may recover non- economic damages in this case if the plaintiff can show by the greater weight of the evidence: (1) Defendant was negligent in one or more ways as I described to you in my instruction; (2) Defendant's negligence was a substantial factor in bringing about injury to the plaintiff; and (3) Plaintiff's injury resulted in non-economic damages; and "','" , ' '-' ; ~ '. (4) Plaintiff suffered serious impairment of body function. --(p , J,.... CA/," L VI" , ~" , / ,. I . I To decide the last and additional element of proof, you must decide, based upon the evidence: ':/. _". It.. (1) Whether the injuries sustained by plaintiff in the accident impaired one or more body functions; and .. ",1- (2) Whether that impairment of a body function was serious. In determining whether the impairment of a body function was serious, you should consider such factors as the extent of the impairment, the particular body function impaired, the length of time the impairment lasted, the treatment required to correct the impairment, and any other relevant factors. An impairment need not be permanent to be serious. The term "serious", "impairment", and "body function" have no special or technical meaning in the law and should be considered by you in the ordinary sense of their common usage. Pa. Standard Jury Instruction 6.02 (Civ) nance points for charge page 6 7. Based upon the evidence and the law applicable thereto you must find in favor of the plaintiff and against the defendant. '{/ Respectfuliy submitted, DOUGLAS, DOUGLAS & DOUGLAS nance points for charge page 7 . . .' ~ . SHEILA MITCHELL NANCE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION.LAW V. JOEL LAWRENCE DAVIS, DEFENDANT 95-4199 CIVIL TERM QUESTION 1: Do you find that defendant was negligent? YES ./ NO If you answer Question 1 "No," plaintiff cannot.recover and you should not answer any further questions and should return to the courtroom. QUESTION 2: Was defendant's negligence a substantial factor in bringing about plaintiff's harm? YES NO V If you answer Question 2 "No," plaintiff cannot recover and you should not answer any further questions and should return to the courtroom. QUESTION 3: Was plaintiff contributorily negligent? YES NO If you answer Question 3 "No," proceed to Question 6. If you answer Question 3 "Yes," proceed to Question 4. .', '. . QUESTION 4: Was plaintiff's contributory negligence a substantial factor In bringing about plaintiff's harm? YES NO If you answer Question 4 "No," proceed to Question 6. If you answer Question 4 "Yes," proceed to Question 5. QUESTION 5: If you have answered "Yes" to questions 1, 2, 3, and 4, then answer the following: Taking the combined negligence that was a substantial factor In bringing about the plaintiffs harm as 100 percent, what percentage of that causal negligence was attributable to the defendant and what percentage was attributable to plaintiff? PERCENTAGE OF CAUSAL NEGLIGENCE ATTRIBUTABLE TO DEFENDANT PERCENTAGE OF CAUSAL NEGLIGENCE ATTRIBUTABLE TO PLAINTIFF % % TOTAL 100% If you have found plaintiffs percentage of negligence to be greater than 50 percent, plaintiff cannot recover and you should retum to the courtroom. Otherwise, go to Question 6. ....-..... ........;0...,,;.. :a' QUESTION 6: As a result of the accident on Decernber 9, 1994, did Sheila Mitchell Nance suffer a serious Impairment of a body function either Independently or by an aggravation of a pre-existing condition? YES_ NO_ If you answer Question 6 'No," plaintiff cannot recover and you should retum to the courtroorn. Otherwise, you should go to Question 7. QUESTION 7: State the total amount of damages, if any, you find plaintiff, Sheila Mitchell Nance, sustained without reduction for the percentage of causal negligence, if any, that you have attributed to plaintiff. TOTAL $ ... qL, (Date) ~TE: . t7//6!- <16 CJ\SE 00. /3 CXXJJmU:M . ~- ~ NO.?f"-lfH'i, CIVIL r( f"..b!L 1..-5i.~J~i~~ (1-'2. 2.' hS - ('j~ 7n~ 3.11 5"'() - ~ J.(~ 4.' ~-]{V,.t:l1l~ 5..?S--.f~~ 1111 ~ tt6b {, I &.1 1 ( I ~ ( Jl~ rr 7.11 73 - 7f)~ 7ncJ.9a-t 8..115-1(~ '!V.~ 9..:;/.0- ~~ 10.' ~O-:t:f4 vm ll,'~, 1t--.J 12.' 30 -r/J.RhiLo f} IA /WU.VYtdA.. 13.'/~..l.a;~~~ ~~ 14.' /JiP. -..1Ltt~ J1r,~ 15.II'::L: f~~ -16., /O~ ll.J.rj,., l:::!:..~ 17.11 B!I: - ~ te2~ ~D.' ~, 1(*1- J96%,.... - ~ I -13.1 ~J... - Ct-vaL.. 'PdMbL ~;!- lO.II~, - LJ.~ f?- '1'(1; , 'ti$ .11 .11 , .1 4.1 5.1 .1 '_______ 7.11 ; " ;--_.- ...... ~ ~ '1) '- .... ! -~ b; v. -: ~'~-:l q, ) ~~ I ~-." U)..- ; , 0' c ~.~ 1'-( , :~-' 1_0' l!.:i :-, l.{'l ~, , (>( ,....j .. . U.l [~.- :;'J _.1, '0.. \- L.~ , (,,': - --..j ~ ~~ ~ '--'r..,,:. ~ ~ \;l- ~..::::t- ~ t:J 0J ~ t:. l'l () 0 p ~.. ~ ~~ eOQ r-~ ' Q~8; i:i~ E:"~~~i:iE O=.o(~=F:!::._ == ..l = III _.... =;<r- ~C~Q Zs;: <~ o ... Q'" I [" t 95.()96 LAW OFFICES OF DONALD R. DORER 3907 Hartzdale DrIve, Suite 706 Camp HI11, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Joel L. Davis SHEILA MITCHELL NANCE, PLAINflFF VS. JOEL LAWRENCE DAVIS, DEFENDANT IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 1995-4199 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER JUDGMENT ON THE VERDICT TO THE PROTIlONOTARY: Kindly enter judgment in this matter pursuant to the verdict of the jury on September 17, 1996 in favor of the Defendant. Date: SC!)tember 30. 1996 Respectfully submitted, B~: CBS OF DONALD R. DORER ~~{; J!~} · onald R. Dorer, Esquire- Attorney for Defendant, Joel Davis Identification No. 39126 95.()96 LAW OFFICES OF DONALD R. DORER 3907 Hartzdale Drive, Suite 706 Camp Hili, PA 17011 Telephone Number: (717) 731-0988 Attorneys for Defendant, Joel L. Davis SHEILA MITCHELL NANCE, PLAINTIFF IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 1995-4199 CIVIL TERM JOEL LAWRENCE DAVIS, DEFENDANT CIVIL ACTION - LAW JURY TRIAL DEMANDED CERTIFICATE OF SERVICE Donald R. Dorer, Esquire, hereby certifies that he is the attorney for the Defendant herein, and that he caused a true and correct copy of the attached Praccine to Enter Jude:ment on the Verdict to be served by regular first class mail upon: William P. Douglas, Esquire Douglas, Douglas & Douglas 27 West High Street, P.O. Box 261 Carlisle, PA 17013 September 30. 1996 )11 ;/~(L / " '7 .- / ' Date: c/ , -------- '-Donald R. Dorer, Esquire Attorney for Defendant, Joel L. Davis