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Home My WebLink About96-00009 RICHARD W. BUTLAND and DONNA M. BUTLAND, individually and as parents and natural guardians of ASHLEY E. BUTLAND, a minor, Plaintiffs . . 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN T. TROY, III, Defendant NO. 96-9 CIVIL TERM IN RE: PRETRIAL CONFERENCE A pretrial conference was held Wednesday, October 21, 1998, before the Honorable Edward E. Guido, JUdge. Present for the Plaintiffs was William A. Addams, Esquire, and present tor the Defendant was Rolf E. Kroll, Esquire. This is a chain reaction motor vehicle accident in which Defendant has admitted negligence. The issue at trial will be whether Defendant's negligence was a substantial factor in the injuries sustained by the Plaintiffs as well as the nature and extent of those injuries. The parties indicate that this case will take one and a half to two days to try. Settlement negotiations are ongoing but the parties are still substantially far apart. It appears as though the Plaintiff's lost wages and medical expenses are recoverable since they are Virginia residents. If the Defendant intends to object to this proposition, he shall file a motion in limine and supporting authority by the close of business on Friday, October 30, 1998. ~ 0, >- cr, <,:. l-; ;"~t .. 'j~. L!.Jr:: - '.) ...~; q- .- ._1;-: r-' , ...., --.:.. "'l-'~ 'oj.:..'. ~' .- L CO ",'i:) , IL. N 1<,: J '/~,) " 1- ;' I 'iii ft.:' l_, ,'".. r::. C-l .'0- IJ. G1 "i u m 6 , CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served upon counsel of record on February 6, 1996, by United States First Class Mail, postage prepaid, addressed as follows: William A. Addams, Esquire Fowler, Addams, Shughart & Rundle Post Office Box 208 Carlisle, PA 17013 (Attorney for Plaint~ffs) , ).'1. (. d-d "--'/"1.1:1// ,A-M //))JU-up '/~rianne Sotv1le REYNOLDS & HAVAS A Professional Corporation (3299) " .... ,=-- r;; b~ In -- ~~~ ~~ ,-. M Illr! FE'. (J~;_~ .1-~-;; .,-; ljr~~ o. !l;;~ ~f r- :.~ /.:~ . .... j . ,~. :.;? 5: \ ~ -~ ,,~ ilIL..: L'_l C~~ j--; L.. ~:j Ua "1 U 0, U ROLF E. KROLL PA Atturnev 1.0. Nu. 47243 REYNOLDS & HAVAS A Prole..lonal Curporallon 101 Pine S"IO' POlt Office Box 932 Hefti,burg, Pennlvlvanl. 17108.0932 17171238.3200 Attorney for Defendant JOHN T. TROY. III RICHARD W. BUTLAND and DONNA M. BUTLAND, Individually and as parents and natural guardians of ASHLEY E. BUTLAND, a Minor, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96 . 9 vs. JURY TRIAL DEMANDED JOHN T. TROY, III, Defendant 12BPBNDANT' S AliSnR WITH NEW MATTER TO PLAINTIPPS' COMPLAINT AND NOW, comes Defendant John T. Troy, III, by and through his counsel, Reynolds & Havas, a professional corporation, to answer the Complaint of Plaintiffs Richard W. Butland and Donna M. Butland, individually and as parents and natural guardians of Ashley E. Butland, a minor ("Plaintiffs"l, as follows: 1. Denied. 2. Denied. 3 . Admitted. 4. Denied. 5 . Denied. 6 . Denied. COUNT I RICI!ARD If. BUTLAND v. JOHN T. TROY. III 7. Denied. 8. Denied. 9. Donied. 10. Denied. 11 . Denied. WHEREFORE, Defendant John T. Troy, III, demands judgment in his favor and against Plaintiffs, with costs of suit assessed to Plaintiffs. COUNT II DONNA K. BUTLAND v. JOHN T. TROY. III 12. Denied. 13. Denied. 14. Denied. 15. Denied. WHEREFORE, Defendant John T. Troy, III, demands judgment in his favor and against Plaintiffs, with costs of suit assessed to Plaintiffs. COUNT III ASHLEY E. BUTLAND v. JOHN T. TROY. III 16. Denied. 17. Denied. - 2 - WHEREFORE, Defendant John T. Troy, III, demands judgment in his favor and against PlaintiffS, with costs of suit assessed to Plaintiffs. COUNT IV RICBJlDD N. AND DONNA M. BUTLAND v. JOHN T. TROY. III 18. The answers to paragraphs 16 and 17 are incorporated herein by reference as if set forth in full. 19. Denied. WHEREFORE, Defendant John T. Troy, III, demands judgment in his favor and against Plaintiffs, with costs of suit assessed to Plaintiffs. COUNT V RICHARD N. BUTLAND v. JOHN T. TROY. III 20. The answers to paragraphs 7 - 11 are incorporated herein by reference as if set forth in full. 21. Denied. WHEREFORE, Defendant John T. Troy, III, demands jUdgment in his favor and against Plaintiffs, with costs of suit assessed to Plaintiffs. COUNT VI DONNA M. BUTLAND v. JOHN T. TROY. III 22. The answers to paragraphs 12 - 15 are incorporated herein by r~ference as if set forth in full. - 3 - . 23. Denied. WHEREFORE, Defendant John T. Troy, III, demands jUdgment in his favor and against Plaintiffs, with costs of suit assessed to Plaintiffs. NEW MATTER 24. Plaintiffs have failed to state a claim upon which relief can be granted. 25. Plaintiffs' claims are barred by the doctrines of contributory and comparative negligence. 26. Plaintiffs' claims are barred by the doctrine of assumption of risk. 27. Defendant was confronted with a sudden emergency not of his own creation to which he responded reasonably under the circumstances. 28. Plaintiffs' claims are barred by the applicable statute of limitations. 29. The named insured of the automobile insurance policy covering Plaintiffs elected coverage under the limited tort option offered under that policy in accordance with the terms of the Pennsylvania Motor Vehicle Finanr.ial Responsibility Law. 30. Plaintiffs' claims are barred in whole or in part by the terms and conditions of the Pennsylvania Motor Vehicle Financial Responsibility Law, Act of February 12, 1984, 75 Pa. " - 4 - . VBRIPICATION I, JOHN T. TROY, III, state that I am the defendant in this action, and that the facts set forth in the foregoing ANSWER WITH NEW MA~TER TO PLAINTIFFS' COMPLAINT are true upon my personal knowledge, information and belief. I understand that my statements are made subject to 18 Pa. Cons. Stat. ~ 4904, providing for crimin~l penalties for unsworn falsification to authorities. Date: //1 7f'/,uL- I 'N r . /"'?r~~ ~HN T. TROY, I (3295) . CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served upon counsel of record on March 18, 1996, by United States First Class Mail, postage prepaid, addressed as follows: William A. Addams, Esquire Fowler, Addams, Shughart & Rundle Post Office Box 208 CarliSle, PA 17013 (Attorney for Plaintiffs) l - 17 -I!-:/L l/,f1t11i4~dA'v11 II ~ /)J tlUr ~nne Sottil, REYNOLDS & HAVAS A Professional Corporation (3299) (; ~- t - i. .. ....J~ ,. -' lIl. t',. ,- C' .-' , .- .. , (5\ - f." I.;' pi , ; .-' , r -, ; ~,' :.L " ,- IJ ,- ,J L' ..:~ .. ;...) . . RICHARD W. BUTLAND and DONNA H. BUTLAND, individually, and as parents and natural guardians of ASHLEY E. BUTLAND, a minor, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-9 CIVIL TERM v. JOHN T. TROY, III, Defendant JURY TRIAL DEMANDED REPLY AND NOW, come the plaintiffs, by their attorneys, Fowler, Addam., Shughart , Rundle, and make the following reply to the detendant's answer with new matter: 24. The conclusion of law is denied. 25. The conclusion of law is denied. 26. The conclusion of law is denied. 27. The conclusion of law is denied. 28. The conclusion of law is denied. 29. Denied in accordance with Pa. R.C.P. 1029(e). 30. The conclusion of law is denied. WHEREFORE, the plaintiffs request the new matter be diemiesed. FOWLER, ADDAMS, SHUGHART , RUNDLE By://4/~/ ~~~dams supreme Court I.D. No. 06265 28 South Pitt street P.O. Box 208 ca~lisle, PA 17013 (717) 249-8300 Attorneys for Plaintiffs , CE~TIFICATE OF SERVICE AND NOW, this 19th day of March, 1996, I, William A. Addams, ot Fowl.r, Addams, Shughart & Rundle, attorneys for Plaintitts, h.reby certity that I have served a copy of the Reply by mailing . copy ot the same by United States mail, postage prepaid, .ddr....d as tollows: Rolt E. Kroll, Esquire Reynolds , Havas P.O. Box 932 Harrisburg, PA 17108-0932 '?f~ -' \ ".- ('I - i"'.. c;: I;.; I. ~ --, : III". , (. ,:' .," l ~ : , >. I,. cI. c,.': (~ l " .. ITi-' , ; (. 11'-:-1 U~ It , ~ d... ,. L.. " r" j (j eJl U '>- ,,- if, "" t': j.:-:= .. " " U 1~'; C'..! .'~ .:}: ()-;. ..~_. ., , f.' , to:: l-' ~. 1 ~~i c.oji. .' , '. .'1' ':,.: ('~) , "" , IL' '. , t":..: ,..Ill c. " '.1 b...) I,ll J",L I.. u.. 1'- .:r: () U '-" RICHARD W. BUTLAND and DONNA M. BUTLAND, individually, and as parents and natural guardians of ASHLEY E. BUTLAND, a minor, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- 'I CIVIL TERM v. JOHN T. TROY, III, Defendant JURY TRIAL DEMANDED 11QT.IQ; You have been sued in court. If you wish to defend against the claims set forth in the fOllowing pages, you must take action within twenty (20) days nfter this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the cnse 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 importnnt to you. YOU SHOllLD TAKE THIS PAPER TO A LAI'IYER AT ONCE. NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU LEGAL HELP. IF YOU DO TELEPHONE CAN GET Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 RICHARD W. BUTLAND and DONNA M. BUTLAND, individually, and as parents and natural guardians of ASHLEY E. BUTLAND, a minor, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96- C; CIVIL TERM v. JOHN T. TROY, III, Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW, come the plaintiffs, Richard W. and Donna M. Butland, by their attorneys, Fowler, Addams, Shughart & Rundle, and make the fOllowing complaint: 1. The plaintiffs are Richard W. Butland and Donna M. Butland, adult individuals residing at 12 Sugar land Square Court, Sterling, Virginia 22170. 2. Plaintiff Ashley E. Butland is a minor, born June 19, 1988, who resides with her parents, Richard W. and Donna M. Butland, at the above address. 3. The Defendant, John T. Troy, III, is an adult individual residing at 30 Capitol Hill Road, Dillsburg, York County, Pennsylvania 17019. 4. On February 21, 1994, at about 2:15 p.m. Plaintiff Richard W. Butland was driving his 1993 Ford automobile traveling South in the left lane of Route 15 near the Pennsylvania Turnpike interChange in Upper Allen TownShip, Cumberland County, Pennsylvania, and came to a stop due to stopped traffic ahead. Donna and Ashley Butland were passengers in the vehicle. 5. At said time and place the defendant, John T. Troy, III, was driving a 1994 GMC vehicle also traveling south when he negligently and carelessly collided with the rear of the plaintiffs' vehicle forcing it into the rear of the vehicle ahead. 6. The defendant was negligent and careless in: A. Traveling too fast for conditions. B. Failing to have his vehicle under control. C. Failing to observe the traffic stopped on the road ahead. D. Violating the assured clear distance ahead rule, and E. Failing to apply his brakes in time to avoid a collision. COUNT I RICHARD W. BUTLAND v. JOHN T. TROY. III 7. As a result of the negligence and carelessness of the defendant, Plaintiff Richard W. Butland sustained an acute cervical strain which required extensive treatment, a fracture of the distal pole of the scaphoid of the right wrist requiring surgery on August 25 and September 30, 1994, and injuries to his low back and both knees. 8. As a result of his injuries the plaintiff has incurred substantial medical expense for treatment. 9. As a result of nis injuries the plaintiff was absent from his employment and has incurred a loss of earnings. 10. The plaintiff had to endure physical and emotional pain and suffering and loss of life's pleasures. 11. As a result of his injury the plaintiff has a permanent disability of his right wrist. WHEREFORE, plaintiff demands jUdgment against the defendant in an amount in excess of $25,000 plus interest and costs of suit. COUNT II DONNA M. BUTLAND v. JOHN T. TROY. III 12. As a result of the negligence and carelessness of the defendant, Plaintiff Donna M. Butland sustained an acute cervical strain requiring extensive treatment. 13. As a result of her injuries, the plaintiff has incurred substantial medical expense for treatment. 14. As a result of her injuries, the plaintiff was absent from her employment and has incurred a loss of earnings. 15. The plaintiff had to endure physical and emotional pain and sUffering and loss of life's pleasures. WHEREFORE, the plaintiff demands judgment against the defendant in an amount in excess of $25,000 plus interest and costs of suit. COUNT III ASHLEY E. BUTLAND v. JOHN T. TROY. III 16. As a result of the negligence and carelessness of the defendant, the minor plaintiff sustained various contusions, head and low back pain, and a mild cervical strain. 17. As a result of her injuries, plaintiff had to endure physical and emotional pain and sUffering. WHEREFORE, the minor plaintiff demands judgment against the defendant. COUNT IV RICHARD W. and DONNA M. BUTLAND v. JOHN T. TROY. III 18. The allegations of Paragraphs 16 and 17 are incorporated herein by reference. 19. As a result of the injuries sustained by their daughter, the plaintiffs incurred medical expense for treatment. WHEREFORE, the plaintiffs demand judgment against the defendant. COUNT V RICHARD W. BUTLAND v. JOHN T. TROY. III 20. Paragraphs 7-11 are incorporated herein by reference. 21. As a result of the negligence and carelessness of the defendant, Plaintiff Richard W. Butland has been deprived of the care, comfort, society and services of his wife, which may continue for an indefinite time in the future. WHEREFORE, Plaintiff Richard \~. Butland demands judgment against the defendant. COUNT VI DONNA M. BUTLAND v. JOHN T. TROY. III 22. Paragraphs 12-15 are incorporated herein by reference. 23. As a result of the negligence and carelessness of the defendant, Plaintiff Donna M. Butland has been deprived of the was also operating a vehicle on Route 15 behind the Plaintiffs' vehicle and collided with the rear of said vehicle resulting in the damages hereinafter set forth. 6. As a result of the collision, the minor Plaintiff sustained some contusions, and pain in her head and low back. On February 22, 1994, she was seen in the emergency room of the Fairfax Hospital, treated and released. A copy of the emergency room record is attached as Exhibit "A". 7. The minor has made a complete recovery from her injuries. Her medical expenses have been paid by the Petitioners' first party automobile insurance. There is no subrogation claim. 8. The insurance carrier for the Defendant has offered to settle the minor's claim for an immediate payment of $1,000. 9. Your Petitioners, with the advice of counsel, William A. Addams, are willing to settle and compromise this claim for the offer set forth above. 10. There are no counsel fees for other expenses to be paid from the proceeds of the settlement. 11. Your petitioners believe that it would be advantageous to the minor to accept the offer and that this settlement is in the best interest of the minor. 12. Your Petitioners, in their capacity as parents and natural guardians of the minor, have been advised and understand that should this settlement be approved, the minor would not be entitled to any future payments from John T. Troy, III or his . . , The FelrfalC Hospltel r Emerllltncy Department Nunlnll NOIII PIIII2 n '. .. . " Nunlnll NotlS Time MllIle.tlon./1 nfu.lon. .-- 51),0, z: C!..I c....., l"n \/.4 lit. Sl.1 I r~^, 0 ",d r _./ . "iIA1'Vl No It V -=r J 0 lJJ. ~1\ MI '1. Ii.. i6. jJ /J 'v.J.t.I fM f .' lLQ ("bh",. '^'~ II V /J \ '01. lA ft' r: '.II d Lh Y..II. , , A. / OJ. nO, . I- f..~ () -'\ ^ ~ ~. , "' I, I 4-Uo1 ~ E. ,'IJ^{J t,., IJ.." I . =x 01. '" I i\i!-, .F'rl (., lMA .f-/\, ...c.ic.JM 15 . ,., ~~ n Ii"":" \., L IUO ,"):~ - " :-1 ". 1.1- ft \.. 11\,.... fl. , '.. ~~ . Oi,k1l1J:~ ~t \';^"~ JhtALA^-()~ ~'.A , "DII, (}(lJ' . Ir\., ~.rt;;.: (.iN l1to -, ~..^' n. . , ~ ~/UJ('''\ It" t . . I"~ 'I "" . c- . Patient Name HLCtIMd I {{ f9I [u, I History Number I --;:;;;F HU".I'" 71 I' , , f I I I I , I 'KO. 0" 1.0 CAT. _.,._.. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW RICHARD W. BUTLAND AND DONNA M. BUTLAND, Individually and as Parents and Natural Guardians of ~shley E. Butland, a Minor, Plaintiffs NO. 96-9 vs. JOHN T. TROY, III, Defendant JURY TRIAL DEMANDED PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Kindly mark the above-captioned action settled, discontinued and ended. Respectfully submitted, rSW1ER, ADDAMS & RUNDLE Date: ,.49/9'1' ~~ By: .~A ~_ WiLLI A. ADDAMS, ESQUIRE PA Attorney I.D. " Attorneys for Plaintiff 28 South Pitt Street Carlisle, PA 170l3-0208 (717) 249-8300 \ '~",>;'''' I \,',' )\1:1,1 ,'i "I\!"_-.'I'",_U , It!>'," , i~' .....-,i 1--'....:".1.' j\.'.l';~ i:! ' , ':. " i ;j .) ~ I II '...1,1 .. OJ :'j"'!' r1r ~ I),.. ij II QJ V.J ..J ,,) '.; :