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HomeMy WebLinkAbout95-04545 , c I~. 1;1 D .,,9 f2 (.7 T" . ' ~'l.e..,- . .. LAW OVVICES OV EDWARD J. STO~SKI BYS EDWARD J. STOLARSKI, ESQUIRE XDENTIVICATION NO.s 40535 2005KARKET STREET - SUITE 2030 PHILADELPHIA, pA 19103 (215) 564-7630 WILLIAM E. SENFT, a minor, by his parent and natural guardian, JANE J. SENFT and : JANE J. SENFT, in her own right l\TTORNEY VOR DEFENDl\NTS carlisle sports Emporium COURT OF COMMON PLEAS MONTGOMERV COUNTV :J0- e> . ..... ..~ U' r t)'\ ...\..) \.- -'_ .-;J.,J r\ -.P": 0 0-' 'e. :,;, ~ 'c, -,- ,.' >>" ~ ':;~~. .~~":. t~~;. ., '-, r. ........ _, ~. r;!.. " '" _., l~~ \' ..t1 ...;.<. .' .<. - '." - ?' v. CARLISLE SPORTS EMPORIUM NO. 94-14036 STIPUL~TI0N TO TRANSFER VENDE It is hereby stipulated between counsel that the above mentioned matter be transferred from the court of Common Pleas of Montgomery county, pennsylvania to the court of common Pleas of cumberland County, pennsylvania where venue in the instant matter is proper. ~s /' ~ EDWARD J. 0 SKI, ESQUIRE Attorney for Defendant, cARLISLE SPORTS EMPORIUM MICHAEL S. HENRV, QUIRE Attorney for plaintiffS, WILLIAM E. SENFT, a minor, and JANE J. SENFT 1. . plaintiff, William E. Senft, a minor, by his parent and natural guardian, Jane J. Senft, and Jane J. Senft, in her own right, by and through their attorneys, McAllister and Gallagher, P.C., hereby demand judgment against defendant upon the fOllowing cause of action: 1. Plaintiff, WILLIAM E. SENFT, is a minor, age 10, with a date of birth of October lO, 1983, residing at the above address. 2. Plaintiff, JANE J. SENFT, is the parent and natural guardian of William E. Senft residing at the above address. 3. Defendant, CARLISLE SPORTS EMPORIUM, is a corporation which operates an amusement and sporting park located at the above address. 4. On or about July 25, 1993, Plaintiffs, William E. Senft and Jane J. Senft, arrived at Defendant.s park to participate in the sporting activities and amusements offered by Defendant. 5. At approximately 2:30 p.m. on that date,.Plaintiff, William E. Senft, purchased a ticket for the "Go-Kart" ride and selected a "Go-Kart" vehicle to operate around the track. 6. Pursuant to the instructions posted in front of the "Go-Kart" amusement, Plaintiff, William E. Senf.t, fastened the seat belt in the vehicle. 7. At all times material hereto, Defendant, by and through its agents, servants and employees attended to the operation, control, maintenance, and inspection of the "Go-Kart" amusement. 8. Plaintiff attempted to operate his vehicle around ths track, however, due to the faulty and defective condition of the "Go-Kart" vehicle, Plaintiff could not properly maneuver the vehicle. LAW OffiCES SUITE 1100 . 1760 MARKET STREET' PHILADELPHIA, PA, 19103 9. The Defendant, by and through its agents, servants and/or employees directed plaintiff, William E. Senft, to drive the vehicle to the side of the track. 10. Defendant, by and through its agents, servants, and/or employees performed a cursory examination of the vehicle and instructed Plaintiff to continue on the track. 11. As Plaintiff attempted to resume his "Go-Kart" ride, he lost control of the vehicle due to its defective condition and collided with a tire barrier on the track. 12. As a direct result, Plaintiff, William E. Senft, was thrown violently forward and back in the vehicle and the restraint system lacerated Plaintiff's neck. 13. Defendant, by its agents, servants and/or employees was negligent in that it: a) failed to properly maintain the "Go-Kart" amusement; b) failed to adequately inspect the vehicles of the "Go-Kart" amusement for any defects; c) failed to properly operate and control the amusement by not providing plaintiff with a vehicle in proper working order and allowing plaintiff to remain in a defective vehicle, thus increasing the risk of harm to plaintiff ; d) was otherwise negligent under the circumstances. 14. As a direct result of Defendant.s negligence, Plaintiff, William E. Senft, suffered severe pain and discomfort, permanent and serious disfigurement, as well as a severe shock to his nervous system. LAW OfFICES SUITE 1100 . 1780 MARKET STREET' PHilADELPHIA, PA, 19103 15. AS a direct and forseeable result of Defendant's negligence, Plaintiff, William E. Senft, sustained a deep laceration on his neck which resulted in a serious disfigurement and scar, has suffered pain, discomfort, emotional distress, embarassment and anxiety and has been prevented from attending to his duties, avocation and enjoyment of life for a protracted period of time all to his great detriment and loss. 16. As a further result of this accident, plaintiff has been or will be required to rsceive and undergo medical attention and care and to expend various sums of money for the injuries he has suffered, and may be obliged to continue to expend such sums or incur such expenditures for an indefinite time in the future. 17. As a further result of defendant's negligence, plaintiff, Jane J. Senft, suffered emotional distress, anxiety, and worry over the health and well-being of her son. WHEREFORE, plaintiffs demand judgment against Defendant in an amount not in excess of Fifty Thousand Dollars ($50,000.00), together with interest and costs of suit. McALLISTER & GALLAGHER, P.C. BY: .~ ~tL) MICHAEL S. HENRY Attorney for Pi LA W OfFICES SUITE 1100 . 1760 MARKET STREET' PHILADELPHIA. PA, 19103 \ \ , ' 2. As the instant complaint indioates the defendant in the instant matter Carlisle Sports Emporium is an entity looated in Carlisle, Pa., Cumberland county. 3. The plaintiff's complaint alleges that the plaintiff was injured "hils on the premises of the answering defendant in Carlisle, Pa. 4. Carlisle sports Emporium as indioated in paragraph 3 in plaintiff's complaint is a corporation whioh operates an amusement and sporting park looated in carlisle, pa. 5. Pursuant to RUle 2179 of the pennsylvania civil Rules of Prooedure an action against a oorporation or similar entity may be brought only in (1) the oounty where it's registered office is the prinoipal plaoe of business is looated; (2) a oounty where it regularly oonducts business; (3) the county where the cause of aotion arose; or (4) a oounty where a transsction or occurrenoe took plaoe out of whioh the cause of aotion arose. In the instant matter carlisle Sports Emporium registered offioe and prinoipal place of business is in carliSle, Pa. as indioated on the plaintiff's complaint. 6. Carlisle sports Emporium only oonduots business only in Cumberland county at the address indioated on the plaintiff's complaint. 7. This oause of aotion arose in cumberland county. 8. All transaotions or ooourrenoes out of whioh the oause of aotion arose are looated in cumberland county, pa. 9. Pursuant to PAR CP 1028 (a) (1) the instant defendant may objeot to the plaintiff's Complaint on the grounds that venue in K K-LNS1C CLAIMS 10:215-963-91011 r- JAN 18 '95 9:57 FijOM MCALL1STER&GALLRGHER I .(.. , .., " .' 53081' "fl",f'#' io" '/....,.. , I ,~. ..,.. .' , t ~.\ ',' '~l' . 1'. ~'1~J ." ,. " " ,.~: ~ f: . ", ". . f'~ ,!." '.' '., .~rl..",. '...;, .,.,McALlIISTER & GALLAGHER, P.C. ',', :BY:' '"MICHAEL S. HENRY, ESQUIRE ': ~Attorn~y I.D.#49518 ;,: .1'76D iM.rkot Street, Gte. 1100 ,'" 'Phi'1ade1phia, PA 19103 ::(215)' 963-1555 ", WI,LLIAl-J E. SENFT, a minor, :"-'~Y...hiiJ.,jp.,~rent and natural gua1:41an, ~~JAN!'TJ .' 'SENFl' and JANE J. SENFT, ,;,; :in her:own right .. '.313 Bryn Mawr Avenue '" Bala 'Cynw1d, PA 19004 " v:s. CARLISLE SPORTS EMPORIUM , ~g S.:Middlesex Road , ~C~~~~s!p', PA 17013 t .~.' . .' r'. .',.' . ,.... '.\.t~: ~;.~ . 10,', :;'.' ,,'" t,'" I;..: ,., '''''' .,' . ", TO 92159810616 SEP 16'94 PAGE.002/006 10:31 No.OOS P.02 ..-. ~ ' , ' ~~~i$~ . /6) 27;; [~" ~ ~t< ~ 0/;," ~ ~;-~~~",:",< ~ /.9 C'Ou,4,pJ"'" "1'.9,. ~/~ ~ '~6" H' " . Attorney For Plaintiff ., COURT OF COMMON PLEAS MONTGOMERY COUNTY . I' t ~. :. II -.. i. -., .. '.,' . ~'r , , NO. '"1 't -, 1~ O~ (, "": .,', . '. ,t ~i. :. ,! , , COMPLAINT - CIVIL ACTION ~. 'I' . ~.' ';: NOTICE t You ha~'.be.n lU.rt In taun. If you ..;.sh 10 dtfcI\d Ilaln., . th. d.lml "'I fo.lh In Ih. roU."'n, p...., you mUll 11\. .<tlon "'lhln '....n'y (ZOl d'YI ",., Ihl. compl.inl IJId nOli" .11 .,"'4, Ii)' "ulrin. , WIllie" ,prulancc penon,lty or bv IIl0rn.y tnd nUn, in ..dlln, ...111 ,he ooullyo"r 4cr.nlll or 'obJ;''''''1 10 ''''''clal'''' '" rOllh .plnn you, Yo. '" ""m.4 Ihlllr yo. fIll 10 do 10 Ih, .... ml1 p,0...4 ..;thoul You .nd . , .JwlllNnl IN~ '" cotar.d ol,in" you by the COUll oIlhoul fIlIlhc. notl.. fo/ .ny mon.y c1.hnc4 In Ih. compl.inl ., ro, any 0111<1 clahi. 0' "u.r tcqu."d by lh, pl.lnllef, Y.u mlY 10", .....y o.l',...."y .r .th.. ,I,hlllmp./llnl'. you, YOU SIlOULD TAI:F. TIllS 'A'F.R TO YOUR LAWYER AT ONCE: IF YOU 00 NOT IlAVE A LAWYER OR eMINOT A'POIlD ONI!. CO TO OR TEL~PItON~ THE OFFICE SET l'ORTH bELOW,TO FIND OW WIIF.RF. YOU CAN eET LEOAL IIELP. MONTGOMERY BAk ASSOCIATION 100 W. Airy Street ;"Nox::dl1.l;oW.ll, Pl\ 19401 .. llilO)279"9660 . \,. '. '\ 1-'. .;. l. 0'" ~""~~''- . " . . "., . . , .' AVISO L: h:Jift dcmand.do I '.11ltd In 1& C411.. 51 WIld qull,. d.r.nok/II d, ,"as' demand.. nplIIlIIl .n III p~in... .I,U!.'lCl, un.d ,I... ..lntc (10) diu de pia.. .\ pull. 4.1. r.eIt. 4. 10 d.m.ndl y Ia n6,ln"c1on. 110.. r.lI. uenior ... eompU'cnela clerill 0 en persc"l 0 COn un Ibopdo r _ntrelll a Ia COil' en 161m. Clerill '.1 d.!.nou 'D Iq$ 'o~lcdo." . Iu . I 40mln4.. cn CDnlll de IU perlOn,. Se. a>llallo qIM .. lUltd JlO .. d.n.nde, Lt oolt. .....,i m.dlclu Y Piiedc oo.nllQIIII It delNnd. en ,onlll ,uY' .In PIC>!O .>Iso 0 nodncacl6ri. Ad'IIl;I. Ia COil. pu.d. d"ldl, . r..o, del 4elNnd'.lc y '''Ivll" qua WId ..mpla c.n lod.. las p,otlalon" de Ill. 4......da. UsU<l pu.clt PC'4" dln.,o 0 ,.. ploplod.del U Olio' 4C1ltMc ImpouIJUc, par. Ultfd. ,.' LUVE ESTA OEMAND", A UN A8ooAoo IN. MEOIATAMENTE. 51 NO TIENE A8!X'.r,OO 0 51 NO 11ENE EL OINERO SUl'IClEKTE DE rAGAR TAL SERVICIO, VA YA. Ell PERSONA 0 Ll.AME POR TlLfPOIlO A LA OFICINA CUYA DIIlECCION SE ENCtJUlTM ES("RITA AMIO PARA AVERICU<\R bONOE 5E PUEDE CONSEGUIR A.SISTENCl<\ LEC<\L MONTGOMERY BAR ASSOCIATION 100 w. Ai~y Street Norriutown, PA 19401 (610)279-9660 ,," :\ .,' ~ .. .- TO 92159810616 SEP l6'9d ".... PAGE.00:J1'006 10:31 No.OOS P.03 JAN 18 '95 9:58 F~OM MCALLISTER&GALLAGHER J " . 'I:':'. ''''''', .",.,. K K-LNS1C CLAIMS ID:21S-963-910tl . "t, '. .t" " . " Plaintiff, William E. Senft, a minor, by his parent and natural guardian, Jane J. Senft, and Jane J. Senft, in her own right, by and , , , ,throlioh their attorneys, McAllister and Gallagher, P.C., hereby" . _.1, t." ...~. ., I,' ,'. 'demand' judgmont against deftmdant upon the following caUSa of action: I ' 1.' Plaintiff, WILLIAM E. SENFT, is a minor, Dge 10, with a .' : ('eta: of bi rth of October 10, 1983, residing at the above aOdrOBS. 2. Plaintiff, JAN~ J. SENFT, is the parent Bnd natural , . guardian ~-'~"~J",.""" , 3. of William E. Senft residing at the above sOdress. Def~ndant, CARLISLE SPORTS EMPORIUM, is a corporat(bnwhlOh': . .... 'oporates an amusement and sport1na park located at the above address. " , " 4. On or about July 25, 1993, Plaintiffs, William E. Senft and Jnne J. Senft, arrived at Defendant's park to participate in the sporting activities and amusements offored by Defendant. , . 5. At upproximatoly 2:30 p.m. on that data,_Plaintiff, William E. Benft, purchased a ticket for the -Go-Kart" ride and selected a Hao-~Drt- vehicle to operate around the track. , 6. Pursuant to the instructions posted in front of tho' "GO-Kart" amusoment, Plaintiff, William E. Senft, fastenQ~ the s9at belt ,in the vehicle. 'iO;~*",...".,"1:''''' At all timos material hereto, Defendant, by and throull~ ~,t!}"'J, .' l' " '. ", 'f : ~ . agents, servants and employoes attended to tho operation, control, maintenance, and inspection of the "Go-Kart" amusement. , I I' . " I I, \ ,; l..u, '.", [:.~! .,::.~~; ;::~; t:~.~'~~: ',.' t~ . . " ~ . A~' ,,:.J. ,,: f :,.~ r"./ ,. ; ~.; ,,~.(.. 8. Plaintiff attemptod to operate his vehicle around the 'track, 'however, due to the faulty and defective condition of the "ao-Kert" vehicle, Plaintiff could not properly maneuver the vehicle. , ' .' . .' O',.r'N'" \" .. " ','I"". .0, I " " "t' JRH 18 '95 91~8 FROM K K-LHSIC CLRIMS MCALLISTER&GRLLRGHER 10:215-963-9104 .- TO 92159810616 PAGE.004/006 SEP 16'94 10:32 Ho.OOS P.04 ,-, : .," I' IIJ employees directed plaintiff, Wllliam E. Senft, to drive the vehicle I I \ : .' to the ,aido of the track.. , . " . ,. ......... I' ....,..,,{' .. ,. .. ';' " 10. Defendant, by Ilnd through its agents, servants, and/or 9.~ The Dofendant, by and through its agent5, servants and/or employees performed Il cursory examination of the vehicle and : inottueted plaintiff to continue on the track.. 11.' ~s plaintiff attempted to resume hiB "Go-Kart" rido. ho . ' ~ lost oontrol of ","~4' _"""','--"'11 'collided with a the vehicle due to its defective condition and tire barrier on tho track. '.~f..... ',it. ... y'~' ,~,'.,f' t't!I,' '1 '- , .'. ~ . . I . " f, .' 12. ~6 a direct result, Plaintiff, William E. Senft, was thrown violently forward and back. in tho vehicle and tho restraint system .lacerated plaintiff's nock. lj.' Defendant, by its agents, servants and/or employees was '. , , ' , , , .' \. , ., ~ ~. , "....... ','. ll:''t:':F~, a-,lft" ~. ,~" /0, :t $.........,. l~ .1\.,.. 'l'oI' . ..' (Ii . neo119ont in , .', " : : :, a) b) that it: ., failed to proporly maintain the "Go-1<art" an\~1!8monti. ... :. . c) foiled to adequately inspect tho vehicles of the "Go-Karl:" amusement for ony defects; foiled to properly operate and control the amusement by not providing plaintiff with a vehiole in' proper working order and allowing plaintiff to remain in a defective vehicle, thus increDaing the risk of harm to plaintiff; . , ...../ " wao otherwise negligent under the circumstan~eb.' ! ,', . tloh,i',.,.... .".,., . .-:t'I~f' 1~.JI.~ .,~. .t" .;.~.', ...t' 14. As a direct result of Defendant.s negligence, plaintiff, -William E. Sonft, suffered acverB pnlnond discomfort, permanent and " serious disfi~lurement, as well aD II severe shock. to his norvouB Jb ; ') " iSl(lIl:em.' 9..,. r,..' ... j ~;: '~':'" '\ . it ,!" ..,." t, ,...~,.;; 't.~ ',', ,. I "'I,I{... ....- I .'. ".., ,I' .. . ~; , . +1"" , i. ... . ~ ,t' ~.....' ~...... , . I " . .,:_,. " .....1 I',il".' r,. " d) JAN 18 '95 9:59 FROM HCRLLISTER&GR~LAGHER . K K-LNSIC CLAIMS ID:215-963-9l04 ...... TO 92159810616 SEP 16'94 ,..... PAGE.005/006 10:33 NO,005 P.OS " " I: ! I; , II ~: ',' ,; J' i. ."~' '.' ",,\" ,. . " J "j .' . . f.! .('. ~II . ','1 , '.' . ~ 15. As n direct nn~ torseeable result of Defendant's 'negligence, Plaintiff, William E. Senft, sustained a deep laceration on hls,neck which resulted in 8 serious disfigurement nnd scar, has ,Buffer!'d pain, discomfort, emotional distress, ombarnssment 'imd' I' I ',,, 'anxiety and hilS been prevented from attending to his duties, avocation and enjoyment of life for n protrncted period of ti~a all to hlo'great detriment ond loss. 16. As n further result of thio occident, Plaintiff has beon'or . ..~._"",.. ,j, ',will' be required to receivo ond undergo medical attention'linl1"c:fi:~" "i : and to'expend various Duma of money for the injuries he has ;suffer~d, and may be obllge~ to continue to expend such sums or . ',' " .' , ,incur 'such expen~itureB for on indefinite time in the future. 17. As 0 further rosult of defendant.s negligence, plaintiff, . " 'Jane 'J. Senft, suffered emotional distress, an~iaty, and worry over '" . 0" , ' , .,II..~ ..,,",:,1, ..j, ,',' 'I . ~..:. I . " ~.t .....\'i .,..' '. " "I~'; ~. .... ,. ,,' ,.1"," . I , ,~ :tha he4lth and well-being of hor son. .,". ~. . '.. to.', "... ',. #' I .~ WHKREFORE, Plaintiffs demand judgment against Defendant in an ' amount 'not in exceS5 of Fifty Thousand Dollars (550,000.00), together with interest anO costs of suit. ",':': 't:I'~~" ~ J' ,1... ,:,.} 0' .' t. to .. . :'. ~~. ::. ,~. i,' MCALLISTER & GALLAGHER, p.e. BY: .,' ,;j', ';', .' ~ ,,'\ ' ',' i' t ~" t ~ I,' J.,' r' t,., ',",1 :tl! 'Y4f-r t'~': .,..... '", ~...~. '.'.. ~ , ,~!\'f".I" ",, 'ill:, ,":",' " . ~I' ,",' ' .;,....,'t1:. .,.' /' I.' . h. ',.,' .." ":1' ~.!. J. ;. I '!i ' . MICIIAEL S. HENRY Attorney for Pl , , " \, I ".; oJ . . ocr Ii G mus bY .~ "11/:,:,.' McAllistcr & Gnllngher, P.C. By: MICHAEL S. HENRY, ESQUIRE I.D. #49518 1760 Mnrket Street, Suite 1100 Philndelphin, PA 19103 (215) 963-1555 Attorney for PlnintilTs, Willinm E. Senft nnd Jnne J. Scnft ------------------------------..------------...--------------- WILLIAM E, SENFT. n minor. by his pnrent nnd nnturnl gunrdinn, JANE J. SENFT nnd JANE J. SENFT, in her own right : COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY q6- !I!J~,~ C;Wu-t vs, : No. -9~ I 'h$ CARLISLE SPORTS EMPORIUM ---------.-----....----..--...------...----...---.---.....-..- ORDER APPROVING SF.TTLEMENT ANn ORDER FOR DISTRIBUTION AND NOW, this 1 dny of :Z> (. c-c- V- 1995, upon considerntion of the Petition For Lenve to Settle or Compromise A Minor's Action, liled t:rI"O';'Yu( ffl,...tI,.... uf IJhiN..... e, ft~ ff Ii. '/4 I"""r'p. .., ",.h.,''')' August 31. 1995, it is hereby ORDERED thnt Petitioner~is nuthorized to enter into n settlement with Defendnnt Cnrlisle Sports Emporium in the gross slim of Thirty.five A,,!. ,', thousnnd dollnrs ($35.000.00) IT IS FURTHER ORDERED nnd DECREED thnt the settlement proceeds be distributed ns follows: n, To Michncl S. Henry, Esquire; $ 572.80 Reimbursement for Costs b. To Dr, Cluncy McKenzie $ 2,3110,00 c. To Michnel S. Henry, Esquirc; $11.750,00 COllnsel Fee 6. The defendant is CARLISLE SPORTS EMPORIUM whose principal place of business at all relevant times was 29 S. Middlesex Rd.. Carlisle, Pennsylvania, 7. On July 25, 1993, the minor sustained the following injuries at the following location: The minor was operating a gas powered go-kart on the track owned and operated by the Carlisle Sports Emporium at 29 S. Middlesex Rd" Carlisle, Pennsylvania on or about July 23. 1993 at approximately 2:00 p.m. The vehicle operated by the minor wasn't functioning properly so the attendant signalcd the boy off the track whereupon the attcndant made a cursory check of the vehicle and sent the minor back onto the track, As he turned back onto the track the minor lost control of the vchicle due to its defective condition and hit the tire barrier along the side of the track causing his head to whip violently backward and forward which resulted in a severe laceration of the minor's neck. 8. Attached hereto and marked as Exhibit "An is a report by Dr. Clancy McKenzie dated January 20, 1995, which sets forth the present condition ofthe minor. 9. Attached hereto and marked as Exhibit "E" is a report by Dr. James W. Slavin, M,D" dated September I. 1994, which sets forth the present condition of the minor and future plastic surgery options and costs. 10, Attached hereto and marked as Exhibit "Bn is a report by Dr. James W. Slavin dated Septcmber I, 1994, which sets forth the present condition of the minor. 11. Attached hereto and marked as Exhibit "C" is a statement. under oath. of the minor's mother IInd nllturul gunrdiun certifying the physieul and/or mental condition of the minor, us well liS thc mother's upprovul of the proposed settlcment und distribution, .' , . John Gallagher/McKenzie: william Senft January 20, 1995 page 2 difficulty concentrating, and he continues to complain that his neck hurts. Mental status Exam: William is a 11 year old boy who is somewhat overweight, weighing 150 pounds. He is appropriately attired in casual clothing and is correctlY oriented as to time, place and person. He is nervoUS and restless, constantly fidgeting and moving about, and he is also quite shY and hesitant to speak at times. He has very low self-esteem and says that he does badly in school. He appears quite depressed, and ~is mother reports that he has frequent crying spells. He reports that he awakens throughout the night, cannot fall asleep until very late at night, and he appears tired. There is no evidence of a thought disorder. Past Neuropsychiatrio History: William had a learning disability early in life, but was adjusting and was attaining "A'S" or "B's" in all his subjects. He had never received psychotherapy, he was adjusting well socially and had several close friends. He also was interested in the world around him and had several hobbies that he was engaged in. He was a member of the Boy scouts for six years ana took a great interest in science. Emotional sequelae to Traumatic Experienoe: At the time of the trauma, William was terrified and thought he was going to die. The delay in receiving help left him terrified for at least 20 minutes, which seemed to him like hours, and during which time he thought he was going to die. Furthermore, his mother was unable to board the ambulance with him because she had the younger twins that she had to attend to. This frightened him even more to be without his mother when he thought he was dying. When he arrived at the emergency room, his mother asked him if he would like a glass of water. He was afraid to drink because he thought the water would run out through the cut in his throat. Thus, the trauma was extreme and the terror lasted for more than one hour. The stitching of the neck was also very traumatic to him. He was awake throughout the procedure. Following the terrifying experience, William began having nightmares throughout each night related to having his throat cut. He was very anxious, hypervigilant and restless throughout each day. There was an avoidance of playing with other children, ,'. John Gallagher/McKenzie: william Senft January 20, 1995 page 3 and there was pronounced social withdrawal. He was unable to concentrate in school, and he began missing classes. He had never missed a class before, but at the present time, he misses at least one day each week from school. His grades went from "A's" and "B's" to all "E's." His mother reports that he awakens throughout each night screaming "Help me," "Watch out," and that he is unable to sit still and do his homework. She reports that everything is total chaos, he has crying spells and he has become unmanageable. His favorite subject was always science in which he received "A's," but now he receives "E's." She reports that he has alienated himself from his friends and that he can no longer function and cannot study in school. since the accident, he sleeps in his mother's room or by her door. She reports that he sits straight up in the middle of the night and screams. she notes outbursts of anger during which he strikes his grandmother or fights with his brothers. He has stopped attending Boy Scouts and he has never returned to an amusement park and would not ride in a go-cart. She reports violent mood swings. She reports that he will not wear a seatbelt again and that he has numerous psychosomatic and psychophysiological symptoms, including heartburn, nervous stomach and diarrhea. She reports that he is afraid to get a bicycle. Complicating the traumatic experience is the fact that he needs plastic surgery and he is very much afraid of being cut once more. Diagnostic Impression: 1. posttraumatic Stress Disorder (309.81), Severe 2. Major Depression (296.2) 3. Mild symptoms of postconcussional Disorder Treatment Recommendations: william needs trauma desensitization to reduce the terrifying experience and to make it possible for him to resume his education and to eventually have the plastic surgery that he may need. He also needs psychiatric treatment to help him overcome the depression, social withdrawal, the anxiety dreams, and the inability to concentrate. William will also need private tutoring and a private school in order to return to his age appropriate prior level of functioning in the academic settings. 912159S'391Q1 PAGE ,OQ-I,IQ0S Uniform Qualified Assignment 'ClaImant" Wn.LIAM E, SENFf 'AsslgnoI" TIO INSURANCE COMPANY RtCEIVED Or AUf) / K&/( 1/995 Cl4/Ms "'.~..,,,..,, "\1 I .; TRANS AMERICA ANl\1JITY SERVICE CORPORATION TRANS A MERICA OCCIDENTAL LIFE INSURANCE COMPANY 'Assignee' 'Annulty 1S$Utl" 'elltcllv, Oat,' This Agreemenlls made and entered InlD by and between the partfes hereto as of the ElfeclMl Date with reference to the following lads: A. Clalrnart has executed a selllement agreement or relea$ldalld .19_ (the "Setllament Agraement') that proVIdes for the Assignor to make ceIIIIIn per1odlo paymeru to or for lhG btnef~ of the Clamant as staled 10 Addendum No. 1 (lIle 'I'Bt1OdIC I'aymentsjj and B. The pIIllles dcslre to oiled II 'qU41lled llMlgnmenl" wllhln the meaning and subject to the condhlons 01 Geellon 1oo(c:) of the Intamal A~ue Code 011900 ~he "Code'). ' NOW, nlEREFORE.ln consld8lllUOII 01 the foregoing and Olhtr good and valuable CONIderatJon. the parties agree as fol1OW1l: I. The AssIgnor hereby Il5Slgns and the Asslgnee hereby BSSUlIlB$ all oIlt1e AssIQIlOl'.llabllty 10 make 1111 PanocllC I'a~. 1 he Asalgnee assumes no liability to make any payment na spoclfIod III Addendum No.1. 2. The Pariodlc PeyYTlOlll4 comlllUle dMwlg~ on account 01 personal Injury 0( slckness In a case ~1Voolllg phyak.:zd .oJwy Uf I'lo)'>lusl llh;!u1W>l wlllllll lillJ mganlng of SG<:1Jons 1004(a)(2) and 130(c) 01 tho Code, .. 3. The AssIgnee's lIabQity to make the Periodic Paymentlls no greater than that of the Assignor lmmedIaIely IJIICedlng this Agreement. Asslllnee b not required to set aside $peCHlc assets 10 secure the Periodic Payments. The ClaImant has no r1Qht:l ageNt tile Assignee greater than a general credltor. None of the Perlodlc Paymtnts may be accelerated. deferred, lnereased 0( dllCteasod end may not be anticipated. sold. assigned or encumbenld. 4. The obIlgallon assumed by AssIgnee wlth r~ to any roquJred paymenl WJl be discharged upon the mallng on or before the due date of a valid checl< In tile amount specified 10 lI1eaddrOS! 01 record, II. ThlsAgrwmem &I18Il be governed by and Interpreted In accordance oMlh the laws 01 IhI Slate 01 B. Tho AllIIIgnc:o may funcj tile Periodic Payment.. by purchaslng a 'quaJUled Juncing asset' wfthln the mollnIng of Soctlon 100(d) oIlhe Coda In the form 01 an IIMUIty contrect Is$ued by the Annuity Issuer. All rlghb 01 CMTlef'IhIp and control r:J 5Uch annuity contract shaD be and relNlln vested In the AssIgnee exdU$lvcly. 7, The Aulgnoo may have the Annuity I&lUGr IGnd payrnenr, under arrt 'quallfled funding ass.1' purdlued horoundQt d~OClly 10 the ~yao(c) speciflad In Addendum No.1, Such dlrectlon 01 paymontC .hall be GOloly fOl'thll AllIIIgnoo'o convenlenco and 5haIl1lOl provide the ClaImant or any payee wIlh any rtghta 01 OW1'lGI'llhlp 0( OOrolro! over lhe 'qualified funding lISStl' 0( against the A1nJIfy l..u.l", EXllllJl'l' D -, RE: WILLIAM SENFf ~ ~ ~\~~-t- " ) ~~:~ X-~~nl\t.r o,]..~ DIAGRAM -/' 1.OK o.\'....,... .l<"JK..