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HomeMy WebLinkAbout95-05591 ..""", ;':'()- ::" '... ." .. '.. '" It). I l() 0- COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY WILLIAM HINDS, No. 95-5591 civil Term plaintiff v. CIVIL ACTION - LAW BECKY ANN KUHN, Defendant JURY TRIAL DEMANDED PRE-TRIAL MEMORANDUM OF DEFENDANT BECKY ANN KUHN DECHENE I. Historv of the Case This action arises out of a one vehicle accident which occurred on September 8, 1994, on Wolf's Bridge Road near its intersection with West Middlesex Road, Middlesex Township, cumberland county. It is plaintiff's contention that Defendant was negligent by operating her vehicle too fast for conditions and by failing to keep her vehicle under proper control. II. statement of Damaaes It is believed that Plaintiff's objective injuries have now fully resolved. It is Defendant's position, therefore, that the injury sustained by plaintiff in the accident would have been fully compensated by $25,000 settlement offer previously made on behalf of Defendant. counsel for Defendant, Becky Ann Kuhn Dechene Defendant further reserves the right to utilize any exhibit listed in plaintiff's pre-trial Memorandum, or as necessary for the purpose of rebuttal. VII. ptatu8 of settlement Neaotiation. By letter dated March 26, 1996, Defendant reinstatsd a previouSlY rejected offer of $25,000. plaintiff's last demand wae for $55,000. VIII. special Reauests None. REYNOLDS , HAVAS A profes.ional corporation Date: + I \~t1lfl BYI 101 pine street Harrisburg/ PA 17100-0932 (717) 236-3200 - 3 - .. WILLIAM HINDS, plaintiU I IN THE COURT OF COMMON PLEAS I CUMIlERLAND COUNTY, PENNSYLVANIA I I NO. 95-5691 civil T.rm I I CIVIL ACTION - LAW I JURY TRIAL UEMANDED v.. BECKY ANN KUHN, D.f.ndant PLAINTIFF'S PRE-TRIAL MEMORANDUM I. Ba.ic fact. .. to liability. On S.pt.mber 8, 1994, Def.ndant KUhn wa. operating her 1987 Ch.vrol.t cavali.r on Township Road 508. Plaintiff William Hinds wa. a front-...t p....ng.r. A. the Def.ndant trav.led North on Town.hip Roed !l08 (eho known 118 Wolh Bridg. Road), .h. lost control of h.r v.hicle. The vehiol. left the roadway and flipped onto it. roof. Accordingly, PlaintUf will .e.k the Court to in.truct the jury about i.put.d n.glig.no. prinoiple.. Elli. v. Grave., ____ Pa. Super. ____, 560 A.ad aao (1989). II. Ba.ic faot. a. to damag... DUe to the direct trauma from the motor vehicle accident, Mr. Hind. underwent a re.eotion of the left distal clavicle so that his AC joint could b. decompre..ed. III. Principal i..u.e of liability and damaae.. Thi. i. a .ingle vehiol. motor vehicle aocident. contributory n.gligence i. not an i.sue. The defense has not, as of this date, .tipulated to liability. 90037/MTO 1 With regard to da.age., it is anticipated that the defen.e will contest the extent of damages. IV. Laaal i..u.8. A. Applicability of 75 Pa.C.S.A. 51722 with regard to Mr. Hinds' uncompensated work loss. B. It is the plaintiff's position that ths jury be given the opportunity to consider whether Mr. Hind. has sustained a lo.s of earning capacity. V. Id.n~itv of witn...... A. B. C. D. E. r. G. H. Officer scott winters - Middlesex Township police Officer stum - Middle.ex Township police plaintiff William Hinds Donald Kirchner - phy.ical therapist Dr. Robert Green - videotape deposition Dr. Frank Brescia - deposition Debra Bruce - Personnel Manager at All American Truck Plaza Aaron singleton - supervisor at All American Truck Pla.a VI. Exhibit. A. Photographs of the Defendant's damaged 1987 Chevrolet cavalier Photographs of the accident scene Diagra. of the accident scene Photographs (enlarged) of Mr. Hinds' scars 1990 through 1995 tax returns Enlarge.ent of the November 10, 1994, MRI study B. C. D. E. F. 2 COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY WILLIAM HINDS, I No. 95-5591 civil Term plaintiff I I v. I CIVIL ACTION - LAW I BECKY ANN KUHN, I Defendant I JURY TRIAL DEMANDED ANSWER OF DEFENDANT, BECKY ANN KUHN, TO PLAINTIFF'S COMPLAINT 1. Admitted. 2. Admitted in part and denied in part. Defendant i. Becky Ann (nee Kuhn) Deohene and she resides at 356 Saw Mill Road, Newville, PA 17241-9580. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. It i. adaitted that Defendant's vehiole overturned. All other allegations oontained in this paragraph are denied. 7(a) - (e). Denied. The allegations contained in this paragraph state a legal conclusion to which no response is necessary. 8. Denied. 9. Denied. 10. Denied. 11. Denied. WILLIAM HINDS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VB. I I NO. I I CIVIL ACTION - LAW I JURY TRIAL DEMANDED BECKY ANN KUHN, Defendant COMPLAINT 1. Plaintiff, William Hinds, is a citizen of the Commonwealth of Pennsylvania and is an adult individual who resides at 236 West North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant, Becky Ann Kuhn, is a citizen of the Commonwealth of Pennsylvania and is an adult individual who resides at 1436 Spring Road, carlisle, Cumberland County, Pennsylvania 17013. 3. The facts and occurrences hereinafter related took place on or about September B, 1994, at approximately 2116 a.m. on Wolfs Bridge Road, two tenths of a mile north of West Middlesex Road, Middlesex Township, Cumberland County, Pennsylvania. 4. At that time and place, Plaintiff, William Hinds, was a passenger in the front-passenger seat of a vehicle driven by Defendant, Becky Ann Kuhn. 6. Defendant, Becky Ann Kuhn, was operating a 19B7 Chevrolet cavalier in a northerly direction on Wolfs Bridge Road. 6. Defendant, Becky Ann Kuhn, reckleesly, carelessly, and negligently operated her vehicle in such a manner as to cause the vehicle to leave the roadway and flip onto its roof. 1 7. The foregoing accident and all of the injuries and damages set forth hereinafter sustained by the Plaintiff, William Hinds, are the direct and proximate result of the negligent, careless, wanton, and reckless manner in which Defendant, Becky Ann Kuhn, operated her vehicle as followSI a. failure to have her vehicle under proper and adequate control; b. failure to obey the speed limit; c. failure to drive her vehicle with due regard for the proper highway and traffic conditions which were existing and which she should have been aware; d. failure to stay within her lane of travel; and e. driving her vehicle upon a highway in a manner endangering persons and property and in a reckless manner in careless disregard to the rights and safety of others. 8. Plaintiff, William Hinds, sustained painful and severe injuries, which include but are not limited to neck pain , tightness, shoulder pain & tightness, AC joint separation, left shoulder injury requiring surgery, cervical sprain, and contusions of the sternum. 9. By reason of the aforesaid injuries sustained by Plaintiff, William Hinds, he was forced to incur liability for medical treatment, medications, hospitalization, and similar miscellaneous expenses in an effort to restore himself to health, and claim is made therefor. 10. As a result of the aforementioned injuries, Plaintiff, William Hinds, has undergone and in the future may undergo physical and mental sUffering, inconvenience in carrying 2 out his daily activities, loss of life's pleasures and enjoyment, and olaim is made therefor. 11. As a result of the aforementioned injuries, Plaintiff, William Hinds, has sustained work loss, loss of opportunity, and a permanent diminution of his earning power and capacity, and claim is made therefor. 12. As a result of the aforesaid injuries, Plaintiff, William Hinds, has sustained uncompensated work loss, and claim is made therefor. 13. Plaintiff, William Hinds, continues to be plagued by perd.tent pain and limitation and, therefore, avers that his injuries may be of a permanent nature, causing residual problems for the remainder of his lifetime, and claim is made therefor. WHEREFORE, Plaintiff, William Hinds, demands judgment against Defendant, Becky Ann Kuhn, in an amount in excess of Twenty-five Thousand ($25,000.00) Dollars, exclusive of interest and costs in excess of any jurisdictional amount requiring compulsory arbitration. ANGINO & ROVNER, P.C. oatel/O' Jl.q( ~ ' , .~ " (- ',' --- /:.. - .\.--c ( -. David L. Lutz ' 1.0. #35956 4503 N. Front street Harrisburg, PA 17110 (717) 238-6791 Counsel for Plaintiff 3 , /A \~ '~') In ~ ~ "Z) d ~ ~I~ .... ~ r" " ~ "I ,-I J ~ '-..9 ......... ... ...... "rI, ,- N ~ ~ i.) '-- ("" . ~ 1\") ., ~ , ,"" " . 1V.1'E1 ~..)..J 'f (, aJJlfI1nJ4 . / C'A'1E l<<l. 3 ^- l<<l. (I ~ - :,1 'II CIVil, "I (." ' (4 r.' ft'.A 2.. t:\(:, 3.. /!Cf ~ c u Ju P'3 r? i I 5.' , I 6.. i I:J~ ~.\7.1 IU! fl 8.' t'/ 9.' (fo-I 10.' \ III 11.' I,~ I ~ ....1/ nIl v 11.. C' I f'~ 1:1.1 eo tJ. j ('/), ])-..).4.. {~, l!i.1 L/-l 16.' (.;'1 1M q I 18.' (1.' h r,O I~ \' It'/"" I~,.' .-+ --- i' 01 I (),:) T'\ "L. '/ \' ., U' .) " ' ( ) 3 I,> , :J rryr.r-:--H' ,().Wt-Hf'otJ;" I ). j . ' , !' tl U I ( I n, t \ 'Ii I (I Jell' LC:i'XII , 1-('(:/') r )I/Ill i, In) () -r ' ' ~ II 'I to, J ,j,. I C( -) 1 vlI, c ' C j l... I ' -- (,\i,'/XI,,) L. I(t/k;( } II: I) ")jl)U L) ILlII,(I/11 ,.;, :dv'll"'tLt~ Tr II)d L 'lc!l/l{, r1j( "'1/..1 L. !iJiic/ Ie; /1 i)('H'1 N, LU, c,(\ ':]. ~",~' ! r, \ f~ itt "~ , " .JV 1 '( '.- I f Y , C rm . 'I / I K\'" I' e CC c' c.-He,,- U 'I d ! bY " 'S J)o ,~/ '" ._ ,. I ','... l~)tonit:., j)/l.tl/clLf _ ()l.'l'\:)c I), (i)uutl<) I k I )1,jYi(/') r, 'jUdie',- l,nO(I\ J)I'V /1)c'IIJCJl! HI 1..,.ICil-1u'l !rd~--j C II ,J I \ \ ( ') ) (I v' 'II ) ), '/ {lJclrl" \. f)l tikHt,; VI" j"ll<t tvl '),b/L .. , , , U II II I, ~ II I' , " ~ II I: ,I f ii I: 'I I ~ ~ PLAINTIFF" S POTtIT FOR CHARGE 110. ~ Given the stipulation that Ns, Kuhn wa,; ntlyligent, yuu mUllt. find an amount of money damages which you believe will fairly and adequately compensate Mr. Hinds for the damages he sustained as a result of the accident. The amount which you award today must compensate him completely for damages sustained in the past, as well as damages he may sustain in the future. Pa. SSJI (civ.) 56.00 - Damages. , ~ , ~ ~ II I' ~ t\ - PLAIllTIFF'S POIllT FOR CHARGe tlO. G Mr. Hinds is entitled to be fairly and adequately compensated for such physical pain, mental anguish, discomfort, inconvenience and distress as you believe he will endure in the future as a result of his injuries. Pa. SSJI (Civ.) 56.01F - Future pain and suffering. \ ~ r{\ PLAINTIFF'S POINT FOR CHARGE NO. 10 Mr. Hinds is entitled to be fairly and adequately compensated for past, present and future loss of his ability to enjoy any of the pleasures of life as a result of his injuries. Pa. SSJI (civ.) 56.011 - Enjoyment of life. ~ ~ ~~~ M <l:jl ~ I " N:: 8 oil d~i r Ul 80~ ~2 COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY WILLIAM HINDSf No. 95-5591 civil Term Plaintiff v. CIVIL ACTION - LAW BECKY ANN KUHN f Defendant JURY TRIAL DEMANDED VOIR DIRE OF DEFENDANT. BECKY ANN KUHN DECHENE 1. For you, your spouse, your children and other members of your family residing with youf please identify the following: employerf type of work done by the employer, type of work done by the employee. 2. Do you, any member of your family or member of your household have any legal training or are you or such persons employed in a law office or the courthouse or affiliated with the legal profession in any way? 3. Have any of you been a party in a civil action? If so, state the nature of the action I automobile accident, medical malpractice, product liability, divorce, etc.? 4. Have any of you served as a juror in a oivil jury trial? 5. Have you, any member of your family or olose friend ever been represented by David L. Lutz, Esquire, or the law firm of Angina , Rovner? 6. Have any of you ever been represented by Stephen L. Bankof Jr. or the law firm of ReynoldS & Havas? 7. Have any of you ever been involved in a claim or lawsuit in which these firms or lawyers have represented a party or an interest against your interest? 8. In this case there is going to be testimony by several witnesses. If you know or are related to any of these potential witnesses after I read off their names, please raise your handl William Hinds; Becky Ann Kuhn Dechene; Robert Green, D.O.; Francis X. Bresciaf M.D.; Deborah Bruce; Aaron Singleton; Donald Richner, P.T.; and Officer Scott Winters. 9. Have you read any newspaper articles, seen any television coverage or heard any radlo broadcasts concerning ths motor vehicle accident involving William Hinds and Becky Ann Ruhn, whioh occurred on September 8, 1994, on Wolffs Bridge Road north of We.t Middlesex Road in Middlesex Township? 10. Do you have any information, from any source, regarding this incident? If so, what is the naturs of that information? 11. Based upon what you have heard, do you have any fixed views about this case? 12. Do each of you believe that you can accept the law governing this case as will be explained by the Court even if you personally disagree with it? 13. Do any of you have any physical or other condition whioh would serve as an impediment for you sitting patiently - 2 - COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY WILLIAM HINDS, No. 95-5591 civil Term plaintiff v. I CIVIL ACTION - LAW I I I JURY TRIAL DEMANDED BECKY ANN KUHN, Defendant PROPOSED POINTS FOR CHARGE OF DEFENDANT. BECKY ANN KUHN REYNOLDS , HAVAS A professional corporation Datel Ll fv~ A l, BYI 101 pine Street Harrisburg, PA 17100-0932 (717) 236-3200 counsel for Defendantf Beoky Ann Kuhn Dechene . DEFENDANT'S PROPOSED POINT FOR CHARGE NUMBER 1 10' Ladies and gentlemen of the jury, under all of the evidence presented in this case, and the lawf I direct that you enter a verdict awarding Plaintiff no money damages. - 1 - DEFENDANT'S PROPOSED POINT FOR CHARGE NUMBER 3 vJ In order for Plaintiff to recover in this casef Defendant's negligence must have been a substantial factor in bringing about the accident. That ie what the law recognizes as legal cause. A substantial factor is an actual, real factorf although the result may be unusual or unexpectedf but it is not an imaginary or fanciful factorf or a factor having no connection or only an insignificant connection with the accident. Pa. SSJI (Civ) 3.25 - 3 - DEFENDANTfS PROPOSED POINT FOR CHARGE NUMBER 4 v) In oivil oases suoh as this onef the Plaintiff has the burden of provinq those oontentions whioh entitle him to relief. When a party has the burden of proof on a partioular issue, his oontention on that issue must be established by a fair preponderance of the evidenoe. The evidenoe establishes a oontention by a fair preponderanoe 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 willf of an ordinary balance scalef with a pan on eaoh side. Onto one side of the scalef place all of the evidence favorable to the Plaintiff; onto the other, place all of the evidence favorable to the Defendant. Iff after considerinq the comparable weiqht of the evidenoof you feel that the scales tip, ever so sliqhtly or to the sliqhtest deqreef in favor of the Plaintifff your verdiot 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 oase, Plaintiff has the burden of provinq that the Defendantfs neqliqence was a substantial factor in brinqinq about his harm. If, after considerinq all of the evidence, you feel persuaded that this proposition is more probably true than not true, your verdiot must be for the Plaintiff. otherwise, your verdiot should be for the Defendant. Pa. SSJI (civ) 5.50 - 4 - DEFENDANTfS PROPOSED POINT FOR CHARGE NUMBER 8 f\ You are instructed that the plaintiff must establish the nature and extent of the claimed injuries with reasonable certainty. The plaintiff must establish the injuries and that lIuch injuries were the result of some negligence on the part of Defendant by competent medical testimony which is sufficiently definite to overcome any idea that is conjectural or a mere guess. Maliszewski v. Rendon, _pa.Super'_f 542 A.2d 170 (1988); Griffin v. Tedsco, 355 Pa.Super, 475, 513 A.2d 1020 (1986). - 8 - DEFENDANT'S PROPOSED POINT FOR CHARGE NUMBER 9 N If the evidence on any particular claim for damages is such that some crucial fact is not established, or if the evidence is so uncertain, or if the evidence is so contradictory that you are forced to guess or Gpeculatef thenf as to that factf you must find in favor of the Defendant. Raczkowski v. Bolubaszf 413 A.2d 1112 CPa.super. 1979)f 421 A.2d 1027 CPa. 1980). - 9 - DEFENDANTfS PROPOSED POINT FOR CHARGE NUMBER 10 A The mere faot that I oharge you on the meallure of dalllage. do.. not indioat. and should not be oonsidered by you aB any indioation that I think damages should be awarded. I am giving you th..e in.truotions on damages only beoaulle I am required to oharge you on all of the posBibilitieB and all phases of the oa.. whioh you may have to oonBider. - 10 - DEFENDANTfS PROPOSED POINT FOR CHARGE NUMBER 11 IJ" I have invited your attention to various factors which you may consider in evaluating the evidence in this case. In doing 80, I have not attempted to indicate any opinion on my part concerning the weight which you should give to the evidence or to any part of it and I would not want you to think that I had. In any event, it is for you and you alone to determine the credibility of each witness. Pa. SSJI (civ) 5.40 - 11 - WILLIAM HINDS, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-5591 civil Term vs. BECKY ANN KUHN, Defendant I CIVIL ACTION - LAW I JURY TRIAL DEMANDED PRAECIPE To the Prothonotary of Cumberland county: Plea.e mark the above-captioned action Bettled, discontinued and .atbfied. ANGINO , ROVNER, P.C. Da~ 1.0. #35956 4503 N. Front Street Harrisburg, PA 17110 (717) 238-6791 counsel for Plaintiffs Datel c;-d~ -ql,P cc Stephen L. Banko, Jr'f Esquire 92299/HTO