HomeMy WebLinkAbout96-00830
'"
, ,
, ,
"
','1
,
I'll!
Iii I
,
'I
'"
ifl'
,
"
.1
I,
I
"
.'
".
.'
',I
,
/
I,
,
.1
I
I
rJ
,"
hi'
')1
,
'1"
I
'1
/
'I
i,
".
"
d
-:::::
j
"
I'
"
.1
,
i
,
,
"
d
I>'j
,
"
, I
II
,
,
"-I
,
"
"
:'1
I,
, "
;'i
,
,
, ,
'I
I
,
i,
i"
I
" ,
II
.,
'I,.
"
-;P
"
"
, ,
,I
"
,
1:11
lil'l
I I
, , I~ \
,fI
i
",I
I
, ,
,
"
/,
"
\';,
"
, "
,.
,
'1
"
.,
,
, ,
"
, ,
"
'1'1
I
j'
.,
.-
-
-
-
'3
;,1
',I
"
:11
'1
,
,
"
,!
,
",
"
1'1 '
, '
"
"
I
.I
"
, ,
'i
'1
"
I,
I.
"
,
,
,',
"
" I d
ldl'
, '
, I
'I'
'1.11
"
'I
,
':
'I "
"
,I,
,i-)
"
,j"
,
',t
"
,
"1
"
.,
!
"
I _I ','
)i'l
"
,
q
"
,
III
i
J"
,
/
,
,,',
"
, "
H 1'1 i
,
" "
,
I
II d
"
, ,I
, ,
II
"
\j I'
"
i,'
"
./
,
:1'
I ,
,
,
.,
"
~'
p
J
,[
"
,
',I illl'l
. '1 ~ 1 ' I
,1"
.,
I
"
",
\-,
,'J,i
, ,
I,,' li'l
"
[,
I-I',
.
, ,
,
,
"
,
.1
"
"
"
"
./,
\
.,
.j'l
;!'i'
I,i-,'
~-,
"1"\
,
_II' "
-'"
j ~
1,1,;
;1 I
"
,I
'1
",
./,
l,
~
DO
"
"ll
,
"
.1
, ,
,
'I;
,
, ,
"
"
"
'j!
,
"
"
,
"
I
I
I
)
,
,
, ,I
''-(I
"
"
"
,
,
"
,"
',)'-11
"
',I"i
'Ii
') ,,'i'
, "
/,
'11'
, ,
'1/1
'i
, ,
, ,
I
'I ',','
~I'
, ,
,
I,
'I"
"
, ,
,
'i';,
"
"
.
,
"
, ,
"
I,
I
I
I,
;J
.
I'
, '
.,
,
I. ,/
.,
I
1\'1
,
, I
,
,
.,'
"
I
"
'1
.. ,
I:,
1'1'
',I
"I
,
"
"
, .,
"
"
'I
,-),
.,
I
1_1/1
"
Ii
,/-'1
i'l
"I
-'1'1
, ,
-I !,!
'I'
II
"
"
, -',
1'1
;j'
1/-1-
,
'"
'I j-"
'\'1
,
I,
"
I,
"
"
"
, ,
I'
,I)t'
,I.
,I - !
/,1 I'
"
111,1 -J
, ,\
,
.,
'.
1
, i ,
" 'hi:;
,
~il:'(;f{V;~
'::;'~_':-;I:,(V;~I
;; 'I ~ I
1 i"
FI -,I
"
I-II f I
,
d-I
"
'I
i
"
",
I
1',)/1
I
,
,I'
I
"
\'1 It
"
,
,
"
"
11/,
,'I
,
,
,
iI' '1'1
"
I
"
"
,
,
"
'I
, ,
.,
I
,
:1
,.
,
"I "
,
'I_j;
,
,I
','
d
"
,
"
I;'
I
1'1,
,
,
i'
1-,
11
I'" 'i
II,
"
'1
I
"
..
.,
",I
"
Ii
I'
"
'"
,
"I:
:l 'I
"I ,
l', _Ii;:
"
,.'1', q
- ~ - ! I: -;
;) Ii;'!
I, , idlll'
"I I
'.
,
,
',I"
,
I
Ij'-
,-I' I
"~,
"
"
'I!
\1 'I'
l'
"Jl
\ ';)
,
,
,
;)1
",'
. ,
,
1'1
il!
"
'.
,
>0' i;
"
'i__j
" ,
,1-'
,i"1
1-)
"
"1
'I
d.
,:/.
, '
""
/'
to .
(b) ~ ~
LOBS of oonsortlum
,I I~~
S I~ C}f{
Date Foreperson
" ,
I
,
In addition to the Points for Charge which follow herein,
Plaintiff Eddie Williams would request the Court to charge the jury
on the following points from the Pennsylvania Suggested Standard
Jury Instructions (Civil) f
~. SSJI (Civ) 3,00, Issues in The Case;
a. SSJI (Civ) 3.01, Negligence - Definition;
~a. SSJI (Civ) 3.02, Ordinary Care - Definition;
?: SSJI (Civ) 3.25, Legal Course;
SSJI (Civl 3.30, Negligence Per Se - Violation of a
Statute;
~: SSJI (Civ) 5.50, Burden of Proof,
SSJI (Civ) 6,00, Damages,
Pa. ~SJI (Civ) 6.01, Injuries to Adult Not Resulting in
Death;
Pa. SSJI (Civ) 6, Ole, Past Lost Earnings and Lost Earning
Capacity;
Pa. SSJI (Civ) 6. OlE, Past Pain and Suffering;
Pa. SSJI (Civ) 6. OlF, Future ,Pain and Suffering;
Pa. SSJI (Civ) 6.01G, Embarrassment and Humiliation;
Pa; SSJI (Civ) 6.01I, Enjoyment of Life;
Pa. SSJI (Civ) 6.01J, Property Damage.
Pa. SSJI (Civ) 6.01L, Loss of Consortium
i I I
, ,
, '
,F 1'1
, ,
"
"
,
,"1
,
F "j
. I
,
"
( , 1
,.1,
"I
,II t' ,"
I'
3 .
Agency is a r.elationship
when one person,
master), obtains another
(a servant), to perform
his or her behaU, but
called (a princ.ipal) (an employer)
person, called (an agent)
services for him or her and
subject to the (principal's) (employer's) (master's) right of
control, and the (agent) (employee) (servant) consents to act in
that manner, It is the right to control that is conclusive and if
such right exists, even though not exercised, the relation of
principal and agent may be found to be present.
[An independent contractor is one who agrees to perform
services for a principal, but whose physical conduct in the
performance of the service is not subject to the right of control
by the principal.)
The (principal) (employer) (master) is liable to third persons
for the wrongful conduct of his or her (agent) (employee) (servant)
performed in furthering the interests, activities, affairs, or
business of the (principal) (employer) (master), if the (agent)
(employee) (servant) himself or herself is liable. [But one who
engages an independent contractor is generally not liable to others
for the wrongful conduct of the contractor.]
The Plaintiff claims that the Defendant, Jose Padilla was the
(agent) (employee) (ser,vant) of the other Defendant, which the
latter denies. It is for you to determine from all of the evidence
,
received in thilil (lase the natUrti of the relationlil/'lip then &l'Id there
. I
existing between these Defendants.
, ,
Pa. SSJI (Civ) 4.00
I
, ,
i;
, i
, "
,
.'1 i'
, , ,
':1 , , , ,
" , , "
, I ,
I ii,
, ,
"
, "
,
I,
!'
" 11
, ';1
, I , , ,
I , . "
,
" , I
, \' "
'I , , I ill
, , I,i
q , , , I , " ,
, " i! ,
. , "
"
., " , , ,
, , (I d
,
"~I ,
, ,
.,
, ,
" " " ,
';1
"
, I I I, 'I,
, I'" , , , ,
,
;!
I ,d'
0 ,
, , ,
" il .'
, 1"11 , , I.'i
, '!
." , I
"II 'I I I CI,
I p'
1" , '1,' ,
" , "
, '
-
16, Ladies and gentlemen, if you find that Defendant Jose
Padilla violated any itr ........... prOViSion' of the Pennsylvania Motor
,
Vehicle Code, you must find that he was negligent, and you must go
causing the aqcident.
on to determine whether tl1at negI igence was a substantial factor in
Pa. SSJI (Civ) 3.30,
\I
i!
, \
,I
'II
) 1'1
"
[,
i','J
I:';
'il".
"II
, ,
,
" , 1'1
, ,I \
"
"
,
,
,
,,' ,
,
.Ii I,
hi
,
,
'\'
"
:,
"
"
"
, '
, "
,
,
,
"
1-1,1
" ,
,
,
:'
-... ,
18. 'l'he Plaintiff claims two diffel;'ent types or .olasses 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 Plaintiff
is generally referred to as "economic" loss damages and includes
income loss, medical expenses, loss of earning capacity, and out-
of-pocket expenses.
The second type or class of damages is generally referred to
an "non-economic" loss damages a~d 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 provide 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.
Pa. SSJI (Ciy) 6.02B.
:'1
, I
,f
, ~
19, In a case of this type, Plaintiff may recover economic
losses if he can show by a greater weight of the evidence thatl
(1) 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,
(3) Plaintiff's injury resulted in economic losses.
Pa. SSJI (Civ) 6.02C.
, ,
, I'
I
,
, >l , ,
, ,
, ,
I
" , I ,
, ,
,'I III
I , , , "
,
;\ I
, , I', , I",
, I' :,'1
, ,
, 1'1
,
,
"
,
"
,
,
, ,
"
"
,
"
I! I
21. tInder Pennsylvania law,
damages which ordinarily and
the 'negligent party is liable for
~n thsnatural course of things
all
have resulted from the commission of the original negligent act.
Frank v. Volkswagenwerk. A.G.
323 (3d r.:ir. 1975).
of West Gel I),lany ,
522 F,2d 321,
'I
i1'
.j) ,I
, , ,
1
, , " "
,
" , .,
, , il]
'j
"
", ,
.,
,,'1 , ,
I., " I'"
.'
(I , , I
,
., , "i ,
,
, , ,
'i ;-J
, , I' \ , ,
, , , 'h , " I
Iq , I
, , " " 'I
I I ,
.,
, ,'1 "
,
"
, ,
1\
..'
,
,
,
,
'I'
"
"
,
,
, ,
',j'
j'
"
"1
"
'.H,
'",
22.
The word "cQmpensation"
is a keynote as it relates to
damages because "compensatiol\" is the true purpose of the law of
damages and the general principle in which the law awards damages
is compensation for the loss suffered. An injured person should ba
fully compensated for all injuries sustained.
Incollingo v. Ew~nq, 444 Pa. 299, 282 A.2d 206 (1971).
" " "
, i ,
"
1'1
"
" " I ,
..
I
" I I
'I,
I
, , , , " ,
,'1 "
,
,
',I! , I
"
" ,
" , , ,
,
I'
" "
" ,
H
"
''I ','
"
"
.,'
"
23.
The damages which you award are to be compensatory to the
.
full extent of the inj uries sustained,
but the awal:'r:1 should be,
I
limited to the compensation and to compensation alone.
Incollin90 v. Ewin9, 444 Pa. 299, 282A.2d 206 (~971)
,
'I
,
,
,
, ,
"
" ., I ,
I i"
.' " ",
,
"
, , , , ,
,
"
.
.
'I "
, ,
I ,0./ it
,
/'/1
I'
",
"
!'I
,
,
d
,
lh
"
'it
I'.,
"
I-I
,
',I
,
",
"
,
"
"
,
"
'i;
I L I
,
I
,',
pI'
,
I
ii'!
, ,
"
I
It.'
24. You should include in any award for Plaintiff Eddie
Williams reasonable compensation for pain and suffering which you
find that he has undergone ahd in the future may undergo as a
result of the injuries sustained in this accident. In evaluating
the amount to be awarded for pain and suf fedng, you should
consider that the infliction of pain means taking from a person
that which is his own to possess and retain -- namely health and
well-being -- and that the law allows for compensation of this loss
to the extent that the loss may be calculated in monetary damages.
In arriving at any award for pain and suffering which Plaintiff
Eddie Williams has undergone, you should consider not only the
physical pain and suffering which the Plaintiff has undergone, but
also the extent to which his injuries have resulted in a loss or
,
lessening of the ability to enjoy life and life's pleasures and the
ability to engage in various other activities which he enjoyed
prior to the accident.
DiChiacchio v, Rockcraft Stone Products Co., 424 Pa. 77, 85, 225
A.2d 913 (1967) I Corcoran v. McNeal, 400 Pa. 14, 26, 161 A.2d 367
(1960) I Carminati v. Philadelchia Transportation Co., 405 Pa. 500,
176 A,2d 440 (1962).
.,
"
,
,"
. .
i
:1
I
!
I
'30, The law provides that if a person goes through ~ife with
a reasonable degree of happiness and without pain and is involved
in a motor vehicle accident where his/her preexisting condition is
aggravated or exacerbated, the acqident victim may bring a claim
for the aggravation or exacerbation of the pre-existing condition.
I
I
, I
,
Meyer, Law of Vehicle Neqliqence in PennBylvan~~, ~28.!6, pp. 9-11
(1970) I Fre~r v. Parker" 411 Pa. 346, 192 A.2d 346 (1963>'1 f'rett:q
v. Pavetti, 282 Pa, Super., 166 A.2d 881, (1980) I Guyer v.
Steinbronn, 351Pa, Super. 536, 506 A.2d ,901 (1986).
, ,
I',
"
"
, '
I'
l'i
,
, ,
, ,
'I
I ,
, ,
., ,I
ii'
I,
,
,
.
"
, ,
I' ,
,
il!
I'.;
"
"
,
, ,
I'
,
Ii
, ,
,
j"
,
j Ii
~~
~~
z~
~ ~ e
8 ~j ~
~ '" ~ ~
o8';:;ai
f-<UZU""
~""~O'::l
8~~IS
~~,.l'"
i:'le5~~
"
,,;
, )
;
'"
.
'to OJ
~...
~
~ .~
,.l.c
~ .
~J
....,.l
"",.l
ffiii
JJ
:::l
...
;l
iU
....
~
.
~
,--
!! >1'
LI
~
~
'to
~
.
jJ
::l~
~ .
tl
..,;~
~~
,I
il'!1
2J
t
...
2.!
.
I~
""eI
(:Jt:;
~'"
~ ~ .
~a~
~ .
'::l~tl
H .0
~<e;
'el!!i
~Sli!l
",
i jl
,
'f'
"
l' , ,;'
1'\ il
d
, ,
.,
"
;, '
II
1'1
I.
, ,
~
1 G
€~~
tf ~ ,",
'!j . ~
c c 5
,.~~
~ f
~
, , ,
" "
, "
I,
I
, q "
" ,
., ,
, , 1 , ,
" ,',
, , :f
, I'
,
" ., , ,
," , "
1
" Iljl '"
, ,
I,
I;'
"
~
l~
rt
r-
;1
.
~.
WIIJIICATE OF ~E.RVICe
,
I
AND NOW. this 22nd day of April. 1998.1, James F. Carl. Esquire. of Metzger.
Wickersham. Knauss & Erb. P.C, attorneys lilr Defendant. hereby certify thaI. I scrved a copy of
the within Pre-Trial Mcmornndum of Defendants. Jose A. Padilla and Builders Transport, Inc..
this day by depositing the same in the United States mail. postogc prepaid. at HWTisburg.
Pennsylvania. addressed to:
Michael E. Kosik, Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg. P A 17110
Hi I
,
,
,
,
'I
'j"
\ I'! ,.,
.,
I.' j
'1
, , ,.
,
,
, I
i'l
"
"
,
" I
, , ,
,il
" i
, I
I'
, ,
"I I
I , I,'
1'1,
J '
, "I
"
-' I
i.1
Oy,umcnt ~ 13411 0
I
,
-
cabover trector whloh left the Bulldere Trensport tarmlnel WII8 drlvan by Defendent Joee A.
Padllle.
II. STATEMENT OF FArn AS TO DAMAGES
As a rasult of the accldant, Plaintiff Eddie Williams sustained abrasions to tho top of
his middle, ring and little finger, as well as black discoloration from the tires which came In
contact with his loft hand, Plaintiff Eddlo Williams wes soen et tho Carllslo Hospital later that
evening where he complained of pain In his left hand and arm, going up Into the left shoulder
area. Shortly after the accldant, he begen treetlng with his family physician, Dr. Rodnay
Hough who Initially treated him conservatively for approximately a year, during which time his
left arm complaints became progressively worse. He also sterted developing lower right
quadrant pain.
In July of 1995, Dr. Hough disabled Mr, Williams from his Job as a die repairman at
AMP, for approximately six months until January of 1996, During this period of time, Mr.
Williams' right-lower quadrant pain Improved and so did his left arm, however, It never totally
resolved, Dr, Hough has continued conservative treatment of Mr. Williams with the use of
medications and limitations of activities to the pro sent time. Plaintiffs' heve taken the
deposition of Dr. Rodney Hough, during which time he hes conflrmad that Mr, Williams'
Injuries are directly related to the accident with the Defendants' tractor end that Mr. William.'
condition Is chronic and permanent.
2
It 0
. 0
Jt . 0
a
, . .. . . . .... .
-
p
~
en
~
. ..
ot
~
-.,
~
,0.
t
.
~
:!
~
,,~
"
-
.\
· ... ... t. II.
.1 \
I
.
,
" . : . . . . .1. . . . .
.
~
.............
..............
.
,
.
,
.
.
.
.
.
,
...../f.....
!
,I
a
~
.
-'
,
.................
.
.
.................
.
. h.
.
I'
.
~
CERTIFICATE OF S~RVICE
AND NOW, this 21st day of April, 199BI, Mlchalle M. Prl,Jonal, an employee of Angino
& ROllner, P.C., do hereby certify thet I have serlled a true and oorreot oopy of the
PLAINTIFFS' PRE-TRIAL MEMORANDUM In the United States mllll, postage prepaid lit
Harrisburg, Pennsylllanla, addressed es follows:
James F. Carl, Esquire
METZGER, WICKERSHAM, KNAUSS & ERB
P.O, Box 5300
Harrisburg, PA 17110-0300
1lI~ /Lhf
Mlche Ie M. Pruonal
~
, ,
"
,
{I
"
,
,
, , , ,
, ,
, ,
, ,
"
, , ,
" 'd
,
., " "
", , i,.\
, ,
, , -h
, ,
,
J I'
,I'
"
t, I
, '
6
EDDIE WrLLrAMS and
BARBARA W [l,[, [AMS I
his wife,
Plaintl f fs
[N 'rHE COURT Of' COMMON PLEAS OF
CUMBElRLAND COUN'I'Y, pl.':NNSyr.YAN!A
v.
crVt L ACTION - LAW
JOSS A. PADILLA and
BUI LDI!lRS 'I'RANSPOR'r, INC"
Defepdants
NO. 96-0830 CIVIL "I!lRM. ,
"
ORDER 01''' COVR'l'
'AND NOW, this \.o~day of May, 1998, upon cons.iderution of the
Petition of James F. Carl, Esqu.ire,' To Withdraw. A,s' Counsel for
Defendants Jose A. Padilla and Builders Transport, Inc., and of the
Response of Plaintiffs Eddie and Barbara Williams to Defendants'
Counsal'~ Petition To Withdraw, and of .Plaintiffs' Application for
ContinuancEl of Trial, following a telephone conference held on th.is
date .in which Plaintiffs were represented by Michael E. Kosik, E~q.
and Defendants were represented by James F. Carl, Esq., and the
court believing that Plaint iffs would be prejudiced by a withdrawal
of ,Defendants' counsel and continuance of trial at this time, the
petition and motion are DENtED.
BY THE COURT I
J
0 -" p
(~ OJ 1'1
, - ::r: '; i ~ ~
-.-,t, . ')':..1
(J!! :_. .'( i~;hJ
"...,,1,
>"t
:,' , "1 "1i
..
("";;( "I
:.:~? r, .
i" .)
,..,.l (:\1
II ~ ~J "l
,- t.'. ".
~'l 'on ~"
0<; \0
Michael E. Kosik,' Esq.
4503 North ~iont street
Har~isburg" PA 17110
Attorney fob ~laintiffs
Ja~es F. Carl, Esq.
3211 North Front street
P.O. Box 5300
Harr.isbUrg, PA 17110-0300
Attorney for Defendants
AJua 171J
, :rc
"''1f
"
,II'
'I
, ,
;("" I",
li'l
I
,
I
I
I
I
I
I
I
I
i
,j ,," q
iL
.,
"
"
"
,
,
.-1"
I.~ ,Carp
Z ' f! 0,
,,'!
",""
,
,to 'I
1 1'1 .r
[,
If'Lt -0'1
,I"
"
, , "
I
, ,
, "1
I.
S t'f ') I ., 8
(. >--I'r
~., ,
I
'?,,-(..(',/ ~
L,,.
(J -'"
..
-()
I
fc/f,
duv-~~,II
.-.J~
I
"
I"
1 ;
,
,
,
r ~~ L (~.(0
"
.
122 OLER
!ODI! WILLIAMS and BARBARA
WILLIAMS, his wife
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
JOSE A. PADILLA and BUILDERS:
TRANSPORT, INC.,
Defendants
96-0830 CIVIL TERM
PRE-TRIAL CONFERE~
A pre-trial conference was held in the chambers
of Judge Oler on Wednesday, April 29, 1998, in the
above-captioned case. Present on behalf of Plaintiffs was
Michael E. Kosik, Esquire. Present on behalf of Defendants was
James F. Carl, Esquire.
This is a negligence action for personal injury.
Plaintiff, Eddie Williams, was allegedly hurt in an accident on
Spring Road ~n North Middleton Township, Cumberland County on
June 24, 1994, when a truck driven by Defendant Padilla in the
course of his employment with Defendant Builders Transport,
Inc., crowded the bicycle Plaintiff was riding against a bridge
abutment. The complaint includes a count against Defendant
Builders Transport, Inc., for negligent entrustment which is
being withdrawn according to Plaintiffs' counsel, so that the
liability of that Defendant is premised solely upon the doctrine
of respondeat superior. Plaintiff, Barbara Williams, sue. for
loss of consortium. Defendants contend that Mr. Padilla was not
I IN THE COURT OF COMMON PLEAS OF
I CU~BERLANDCOUNTY, PENNSYLVANIA
I' ,
I
I
I CIVIL ACTION - LAW
I
I
, I
~ NO. 96-0830 CIVIL TERM
EDDIE WILLIAMS and
BARBARA WILLIAMS,
his w.if'e,
Plaintiffs
v.
JOSE A. PADILLA antl
BUILDERS TRANSPO~T, INC.,
Defendants
ORDER OF COU~'[
\ -D~day of May, 1998, upon oonsideration of the
AND NOW, this
Petition of James F. Carl, Esquire, Tp withdraw As Counsel for
Defllndants Jose A. Padilla and Builders Transport, Inc ~, and of the
Response of Plaintiffs Eddie and Barbara Williams to Pefendants'
counsel's Petition To Withdraw, and of Plaintiffs' Application for
Cpntinuance of Trial, following a telephone conference held on this
'date in which Plaintiffs were represented by Milchael E. Kosik, Esq.
and Defendants were represented by James 'F. Carl, Esq., and the
cQurt believing that Plaintiffs would be prejudiced by a withdrawal
of Defendants' counsel and continuance of trial at this time, the
peUtion and motion are DENIED.
BY THE COURT,
Miohael'E. Kosik, Esq.
4503 North Front street
Harrifl~urg, 'pA 17110
Attorney for Plaintiffs
_ Cu.b~..,~\J(.{, 511~/'11r.
ij At!
,
James F. Carli Esq.
3211 North Front street
P.O. Box 5300
Harrisburg, pA 17110-0300
Attorney for Defendants
:rc
, I
,"') \" (J
'':: v, ."
j') -:'t ',I
r'l{! ,I',.
..< ".I)
, ,.
, ! '" ~ '.1 ~ .I:j
d)
..., i.! i..~
, , ,.-, 1",..,1
,. ~
" , 'd':
....'. (.oj i jl'f
, l .. ..
;~ '.)1 ,
:\j
\() ."
.,
~eR'(IFICATE OF ~ERVIGf!
AND NOW, this ~ay of May, 1998,1. James F. Carl, Esquire, of Metzger,
Wickersham. Knauss & Erb,P.C., allomeys lor Defendants, hereby certify that 1 served a copy of .
the within Application for Continuance of Trial this day by depositing the same in the United
States moil, postage prepaid, at Hanisburg. Pennsylvania, addressed to:
Michael E. Kosik. Esquire
Angino & Rovner, P.C.
4503 North Front Street
Harrisburg. P A 17110
Jose A. Padilla
1816 Chestnut Street
Harrisburg, PA 17104
" ,
"
;' "
"
,
, , " 1'1 ,
, ,
, "
" ,
"I , ,
, ,
Builders Transport, Inc.
2029 West DcKalb Street
Camden, SC 29020-7005
$'CJ/
. Carl.
"
,
,
j')
,
III j\'i,!,1
I,'
),]
,
, ,
'I ".'1
"
!lQcumcnt .1J4946
'I q
"
.
EDDIE WILLIAMS and BARBARA
WILLIAMS, His Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION . LAW
v.
JOSE A. PADILLA and BUILDERS
TRANSPORT, INC.,
Defendants
NO. 96.830 CIVIL TERW!
,,'
;"
-,
I
JURY TRIAL DEMANDED:
. .
.
r,
"
,I
'..,
AND NOW comes Michael E. Kosik, Esquire, of the la~ fi~m
1;.1
';';
" )
, ,
, , I
,
, ,II)
,
2f
B8SPONSE OF PLAINTIFFS EDDIE AND BARBARA WILLIAMS
TO DEFENDANTS' COUNSEL'S PETITION TO WITHDRAW
Angino & Rovner and responds to the Petition of James Clark,
EsquJ.re to Withdraw as Counsel for Defendants Jose A. Padilla and
Builders Transport, Inc. in the above-captioned matter, averring as
follows:
~.3, Admitted. By way of further response, Plaintiffs avers
that this case was pretried before Judge Oler and is currently
scheduled for trial during the week of May 16, 1998. Witnesses
have been subpoenaed and doctors' depositions have been taken and
Notices to Attend have been provided to the Defendants.
4. It is admitted that the law firm of Metzger, Wickersham,
Knauss &. Erb, P. C., have entered their appearance for the
Defendants and have been defending this case.
Plaintiffs are
unaware as
to the exat1t assignment obtained for that
representation, however, verifications to the Answer and discovery
has been signed by J. L. Register, Vice President of Claims
Management of Builders Transport, Inc.
132469!MMP
,"
,
,Ii
,I
I
;',1
,
,
"
!II
"
,
;'
I
i ..
i-I
,
"
"
fi'
,-11
\1-,
i.il
iJ
! -,
II,
,\1
"
,"
"
,
,I H'
>',
"
,
'I
,i
, ,
d
Ii
i'
"j
"
,
.,
I'
-
, '
d
"
,
ii
:'
I
,
"
, f"'" ;'_:r";;;_'f~,j;"ir;Ji.;J/~i
"
"
I
"
,
.t"';I~
"
.,
J
-i',
I'
~'
)
,
i
;,
J;
I!
d
I.;
II'
,ll
"
"
I
" \
"
i
\'
,
I
"
,.,j!
"
.
I ~
,~.
I
d
q
I.
,
J~
;I"J
,1,1,'_
.'
"
,
.
,
"
i
.. I ~.'..
,. -v
~.. ; r';'lr/ t-,
~ - } I
. ~...~ j
,
I),; (
I ~ I "
J
, , , I;,
, ''I'
, , ,
" I,
. \
\ - -~ . I
, , { "
,'I" "'( I
, , l' " . I
'1 , . .
, :'1, I :J
.,
, , I
, , I .'
I
I I I ~,
".
I '
I
-- 'v
,.
"
i')
5. It is admitted that the law firm of Metzger, Wickersham,
Knauss & Erb, P. C., have continued to provide professional services
to the Defendant. Plaintiff is unaware as to the expenses that
have been incurred and who has paid for those expenses.
6-7. Plaintiffs were not aware of the information contained in
these paragraphs, but have no reason to dispute this information.
8. Plaintiffs' counsel was advised by Attorney James Carlon
the afternoon of May 4, 1998 of the situation involving his firm's
not receiving payment from Builders Transport for this and sev~ral
other cases and his demand for payment by the close of business on
May 4, 1998. Plaintiff is not awarb of the other facts alleged in
this paragraph but have no reason to dispute the information.
9. Admitted. It is admitted that Plaintiffs' counsel has
advised Attorney James Carl and his firm that he cannot agree to
it's withdrawal as counsel at this point given the fact that the
case has been listed for trial, all preparations for trial have
been completed, and Pl.aintiffs Eddie and Barbara Williams would be
substantially inconvenienced and prejudiced by any further delay in
this matter.
NEW MATTER
10. In Answers to Interrogatories, Defendants confirmed that
Defendant Builders Transport was self-insured at the time of this
accident.
See, Defendants' Answer to Interrogatory #9 attached
hereto.
t..,J)
~.
,
I
I'
I
I'
I,
"
I
II
I'
, I
I
'I
I
11. If financial problems of the Defendant are the cause for
Defendant Builders Transport's non-payment of defense counsel's
bills, further delay of this mater may substantially impair both
defense counsel and Plaintiffs' ability to collect any jUdgment,
since until a verdict is rendered and entered as a jUdgment,
Plaintiffs cAnnot take any further action to protect their
interests.
12. Plaintiffs are not aware of any bankruptcy filing by the
Defendant which would justify a stay of the current proceedings.
13. Plaintiffs maintain that defense counsel would have the
right to assert a claim against the Defendant after the conclusion
of the case for payment of ita bill and that under the current
status of the case, this is the most equitable remedy rather than
permitting defense counsel to withdraw.
14. Plaintiffs' counsel has advised Plaintiff Eddie Williams
of the Petition and it content and he has requested that the
Petition be opposed.
WHEREFORE, Plaintiffs Eddie and Barbara Williams respectfully
request this Court to deny the
,; I
p"~~oun"'.
chael . Ko , Esquire
LD. No. 36513
4503 North Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiffs
Date: 5/7/98
.'
VI!lRIFICATIOl'j
I, MICHAEL E. KOSIK, ESQUIRE, do hereby swear and affirm that
the facts set forth in the foregoing RESPONSE OF PLAINTIFFS EDDIE
AND BARBARA WI LLIAMS TO DEFENDANTS' COUNSEL 'S PETl:TION TO WITHDRAW
are true and correct to the best of my knOWledge, information and
belief. I understand that this verification is made subject to the
penalties of the Rules of Civil Procedure relating to unsworn
falsification to authorities.
WITNESS: /)
-yn;1/...J.J1t 111, 0&.~_
S-'J-? 8
Dated:
1752/PJM
9. Give ~he carrier name, policy number and pOlicy limits
for each and every policy insurillg you against tile claims made in
the instant action.
ANSWER
9,
subject
Builders Transport, Xno,
aociden~, selt-insured,
ie,
and was on .the date of the
, ,
, I
"
" , ,
,'.) I,'
, , ,
I,
,..1
'.
'I.
"
I
,
,
"
, .
"
"
"
,
il
I';
I'
, ,
",
'I,d fl
"
,
.,
, ,
.'
, , ' .
-
cabover tractor which left the Builders Trensport terminal Was driven by Defendant JOlle A.
Padllle.
II. STATEMENT QE.FACTS AS TO DAMAGES
Aa a result of the accident, Plalntllt Eddie Williams sustained ebraslons to the top of
his mldcJle, ring and little finger, as well as black discoloration from the tires which came In
contact with his left hand. Plaintiff Eddia Williams was seen at the Cerllsle Hospltellater that
evanlng where ha complained of pain in his left hand and arm, going up Into the left shoulder
Hough who Initially treated him consarvatlvely for approximately a year, during which time his
area. Shortly after the accident, he began treetlng with his family physician, Dr. Rodney
left arm complaints became progressively worse. He elso started developing lower right
quadrant pain.
In July of 1995, Dr. Hough disabled Mr, Williams from his Job as a die repairman at
AMP, for approximately six months until January of 1996. During this parlod of time, Mr,
WIlliams' right-lower quadrent pain Improvad and so did his left arm, however, It never totally
resolved. Dr, Hough has continued conservative treatment of Mr. Wllllems With the use of
medications and limitations of activities to tha present tlma, Plaintiffs' have takan the
deposition of Dr, Rodney Hough, during which time ha has confirmed that Mr. Williams'
Injuries are directly related to the accident with the Defendants' tractor and that Mr. Wllllaws'
:--'..... .
condition Is chronic and permanent,
2
. '
4.
Richard Gahar . on liability and damages
,
2049 Spring Road .
Carlisle, PA 17103
Linda McKnight (employell of Dafendant) liability as on cross.a~amlnetlon,
161 Candlelight Drive
Carlisle, PA 17013
I
I
I
\.
.!
l \ t
,
3,
6. Douglas Wilhelm (employee of Defendentlllablllty aa on crosa-axamlnatlon.
123 West Sprlngvllle Road
Boiling Springs, PA
6. Olllcer Thomas Klblsr (North Middleton Township police Department) on liability.
211 N. Middleton Road
Carlisle, PA 17013
7, Dan Hafferan (adjuster with Gay & Taylor, Inc.) liability ason crOBB examination.
Gay & Taylor, Inc.
1300 Market Street, Stll. 10
Lamoyns, PA 17043
B. Jemes L. Register (vice-president of Builders Transport) liability,
Builders Transport, Inc.
P. O. Box 7006
Camden, SC 29020-7006
9. Dr. Rodney Hough (vldaotape deposition) damages.
49 Brookwood Avenue
Carlisle, PA 17013
1.
2.
3.
,
Photographs of Plaintiff's bicycle or the actual' bicycle.
Diagram of the area where the accident occurrad.
photographs of the Defendants' terminal and the highway whare the accident
occurred.
Plaintiff's medical records.
Plaintiff's work-loss summary.
~
-.
":"~,:1' "
VI.
LIST OF EXHIBITS
4.
6.
4
. , -" tf- 0-
. a
It 0 . 0 "
u .
, . . . . . . ..... ............. .................
, -
I
P
q}
en
~
... .. ... t ..... ............. .................
OS
~
-... . J
f .
.
0
.
.
.
.6, ............. .................
l
.
~ ..
.
J
~ .
.\
, '.
.~ .......f.... ............. ................. --. '
.~"."..
.....
.
. " .
"
h. I'
.
. . I ,
., . : . . .. .1. . . .. . , ~
, .......
. .....rr.....
4p~ " . "
. I
.
.
W__:
5. At that time and place, Plaintiff !ddie Williame wu
operatinq a Schwinn Ra1eiqh la-speed bicycle and wa. traVellinq
eouth on Spring Road near the Creek Bridge, North Middleton
Township, Cumberland County, Pennsylvania.
6. At that time and place, Defendant Jose A. Padilla was
operatinq a 1994 International cabover truck, owned by Builders
Transport, Inc., and was travelling south on Spring Road directly
behind Plaintiff Eddie Williams.
7. At that time and place, Defendant Jose A. Padilla
operated the 1994 International cabover truck in the course and
scope of his employment with Defendant Builders Transport, Inc.
8. At that time and place, Defendant JOse A. Padilla
proceeded to follow Plaintiff Eddie Williams up Spring Road at a
slow rate of speed for a short distance.
9. At that time and place, Defendant Jose A. Padilla beqan
passing Plaintiff Eddie Williams as he was proceeding acrose the
Creek Bridge causing the cabover truck to sideswipe Plaintiff and
hi. bicycle ~nd squeeze him between the rear tandem of the truck
and the bridge abutment.
10. At that time and place, the tires from the caDaver truck
being driven by Defendant Jose A. Padilla struck Plaintiff Iddie.
Williams burning his left arm and left hand and causing hi. to lo.e
control of his biCYCle.
2
COUIIT I
Eddie Williams and Barbara Williams
v. JOBe A. Padilla and Builders TransDort. Ino.
11. Paragraphs 1 through 9 of Plaintiffs' Complaint are
inoorporated herein by reference.
12. The foregoing accident and all of the injuriee and
damages set forth hereinafter sustained by Plaintiffs Eddie
Williams and Barbara Williams are the direct and proximate result
of the nogligent, careless, wanton, and reckless manner in whioh
Defendant Jose A. Padilla operated the 1994 International cabover
truck in the scope and course of his employment for Defendant
Builders Transport, Inc., as follows:
(a) Failure to keep alert and maintain a proper watch for the
presence of other persons or vehicles on the highway;
(b) Failure to have his vehicle under such control as to be
able to stop within the assured clear distance ahead;
(0) Failure to travel at a safe speed;
(d) Failure to keep a proper watch for traff ic on the
highway;
(e) Failure to keep a safe distance while passing a vehicle
on the left 8S required by the Pennsylvania Motor Vehicle
Code;
(l) Failure to keep safely clear of an overtaken vehicle when
plSssing on the left as required by the Pennsylvania Motor
Vehicle Code;
(g) Failure to stop ISnd render assistance after causing an
accident reSUlting in personal injury as required by the
Pennsylvania Motor Vehicle Code;
3
left hand and arm, subacromial bursitis, and a disk protrusion at
the L!5-S1 level.
17. As a result of the injuries sustained, Plaintiff Eddie
Williams was forced to incur liability for medical treatment,
medications, hospitalizations, and similar miscellaneous expenses
in an effort to restore himself to health, and claim is made
therefor.
18. Because of the nature of his injuries, Plaintiff Eddie
Williams has been advised and, therefore, avers that he may be
forced to incur similar expenses in the future, and claim is made
therefor.
19. As a result of the aforementioned collision and resulting
injuries, Plaintiff Eddie Williams has undergone and in the future
will undergo great physical and mental suffering, great
inconvenience in carrying out his daily activities, loss of life's
pleasures and enjoyment, and claim is made therefor.
20. As a result of the aforementioned collision and resulting
injuries, Plaintiff Eddie Williams has been and in the future will
be subject to great humilifttion and embarrassment, and claim is
made therefor.
21. As a result of the aforementioned collision and resulting
injuries, Plaintiff Eddie Williams has sustained work lO.s, lo.. of
6
opportunity and a permanent diminution of his earning power and
capaoity, and claim is made therefor.
22. As a result of the aforementioned collision and resulting
injuries, Plaintiff Eddie Williams has sustained uncompensated work
loss, and claim is made therefor.
23. Plaintiff Eddie Williams continues to be plagued by
persistent pain and limit.ation 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.
24. As a result of the aforementioned injuries, Plaintiff
Eddie Williame has sustained scarring which will result in
permanent diSfigurement, and claim is made therefor.
CLAIM II
Barbara Williams v.
Jose A. Padilla and Builders TransDort. Inc.
25. Paragraphs 1 through 23 of Plaintiffs' Complaint are
incorporated herein by reference.
26. As a result of the aforementioned collision and resulting
injuries sustained by her husband, Plaintiff Eddie Williams,
Plaintiff Barbara Williams has been and may in the future be
deprived of the care, companionship, consortium, and society of her
husband, all of which will be to her great detriment, and claim i.
made therefor.
7
"
,
1\,
,
I,
, ,
"
"
')1
,I
'I'
;II
'I
I
I
'!
I, 'j
,',1
,
"
'i'l
/J.I
,"
d
I,tl!)
.1'
'I
.j ,I
Ii
" .j
J,
.,
"
'I
'Ii
;'
,
1,',1,
il ii,
il'!'
I I,!!
,"I'
"
'Ii
"
II
,
q
I
I"~
,
./
I
I,
'I i'I,
q .j"
,
'.F'I'
"
I,Ll
'I I I
,
I
"
'i
I'
'I
d
':1
'\
,,'
'I!
,
I
, '
')
:1
"
'I,"
,,'
"
i-I
I
I
"
"
I
II
,
,
1/;
,q'J
I
--1'
,
"
),1
I _i,
I,
, , I' , ,
,I
,i' ,
"
"I.)
,
,JI
th,i"
~;,~',:~\_,:
r,!lf":
~tf ;;-~
,~~,-( ~-':
'f;,)'I'!
,,:t- '
1\-,; r
I/,!'.!,";
~;,~ f.'1
'I
'PI
~ 'J.'
"
"
"
,
"
"
,
l' ,.,
I,
);.;"
:;[
,
I,
"
IJJ
'in
'"I"
:';1';'
,;;'J
N
C:J
"
Iii?
. ';'
...,
~::>
il
'I
,
,'1
I'
,.1
, "
\......1
,.J
-n
.i/
':'l"!U
,['1'1
, '~:J
" ,.1.1'
'J'
I:::
,;;)
,;j"l
::.l
, -~
'.1
,,'
"
"I,
I,
'"
,
'H',
I>
, .
, '.
'.
,
,
"
"
,'iI
II, i I
.,
d
IlL
/'1
, :~\,~!
,
'"
"
"
'I
,'lid
"
I
'I
,
"
,
Ii,
'f;
'I
I'
I '
,I
's
,','jttPri
~;';"I'
..)1.,
,~"P.,
_.J~,I
c"""
?!('"
l~~ ,..J
f;_
llin' 'l~;'
~\~ ..:
i',.
i," I
,
"
)
d
,I
!...,
(,'.i
.""l
~ , ' J
. "
,I~'.)
'll
,J;;')
,III
-'.~) F
':'J
".
,I ;I!
I
Ii!
11:'j)
I
,
"
"
If'"
t',L!
, \
j H,
,
'"'
"
" ;j]
I,
1,
"
I
.,1,
,
"
j'l
"
'I"
I
ii,
,
, '
,
II
,','
"
"
;1
"
I);
I
I.'
,
,
"
'1
d"
'(I
,'1
,j;/I
,J
'il
,
,
II,
,
~ I
,!
I';
',i,
H'i
, ,
.,
'I
\,
,
.
,
I,
,.j
'.
I
,',i
!,
I)
,.
. , ~ ,
JiFh i I' i' '
111'.1'11'.11
I I I I IIli
I (\ :-,!j' rll i;, "I'V-) ~l)lili;l' iV/ I'
"
, ,
, fltl1'1'./'lWJ....,(d,,'I'1I 1)1'.' FI,:r1f.l;'iVI
1111111"1' "1: .,fIN 1J1':lil.Al'1 I
,v ,A t~ 1 A I,
,
,
, '
,.
1'\
~'.q, 1;L1"l P ~PJII wilrr
,
,
1\,1. "" ;1.
"
, ,
.i/
"
"
,
\ I VS.
"
,
,
,
,',i,
I:
I
f' /11)\ Lt,~.ltQEiJL 11../i;r
"
.6h>1..',."..,.
.\'
, ,
,
,
,
Ii
"
, I
"
l'li'
'il
! I
"
i'
I I,", ,I. I
R, TI19.'!l.\l~Lltjd,!,1iU'T"I""'''''''''''''_; !,!lPex 1.1:'1'. 111m, b"Jirll'l"dl,.J'y "~1.I1J\
" "I I I
1,:,lW, I.H1Y~:i,.t:hQ)I!. IHi' /11IHjI2 n'dj lluv;nt 'UIUll,I'I}h j'jnd If,II'10,',.fY JOj;'
. -I ,I"", I' I " I-I
11<1"",.1) Ih,'I'QIl,J(lIil:i" :t;n III.I',p .J;'1dNJ,Li\"!JIJ:J.~;,,,.!\ ..,...
,
,
", (l
ii}f'f-'ljr1d 1.1P./
,
I: III" W ll;/I~")
" I
111)1:
W{J;Cj
1,,-,.,;.),,1..,
I.
\Jtllj i? l~', t;'J
q
ii'
"
I: IJ
,
, lIJf~.1/;ll; I":"
,
t.hf? (d~I,F11-~, (;f, of
"
Ull~ IIi \ hill
,I,,',
Him
rlll
hl;'
"-"",,,,. "! j
b J i fi \!.kJt~
'I',
. 'I'
LI\IUn ',y,-
I,~",i; ;,t: JU0;:I1,1 t'1,) L'Ci
PI;:";lnfIiyJ,'J!)n-t.;:l.
IJI,?PIJ 1,.i.2'bd
,
tnt"!' Itlt'
I.J)MJI'H IH.
.!;()Nf'I,.!'lINT
.1
~,!
, ,
.,
"I
, 1
. ',f.),I."
" ,
fj'J.' 1: lr.:,I'!
,,_,
"",-",q
tht..:l
I.JIl 1'1,,'(;<;11. I.
{ll~l:dj~htiid I'lv'turl'
;~':II.II,
1'1.' \111I
.l"Y!'~
WjJn 11\ i,I'Jp.,TwJ pi ,IJ.e
,
'. ,
}'l./rn....'1y I 'J,!Ir\.1,.1.
, 'j,"
,
[, ^ IJr;il IIj
)' ,
('c.'U rt I, i~ ~
"
:~I"}f.'r 1. f f '11! ,r;qrJ t~ll
,
IJi'Jclr,q t. tn',:, ,!
r~lJ i; '_J t l~:'ll1.J rj,J: %
bur I:: h ~~ I;'~)I;.I
P,IU ph in C1.Jun t y
,I
,"'!
!';u "ll~~!~)J-'~/" )" .' " ,
,1~~: ~f,g' ;r",hf~<<~: /,,~,,~0., "
~.t" ~WJ J ""~,' l'f~' '1'llIIUl':.lii' 1,tlIJ",'~> /Cql'l~nrrrT\~-'1-,....::,
J4.J;11f)! j . ,I
I " ,I, I III,
.,,15:>:. 1iJ0 MIU 1 NLI'.^fW EIWN I': Il
r; ~1J/ ,l'J/Jl}lj}(-} \ ;I
'\ Ii
,
,
,'I
,
I j"
, '
/,_ ~ I 1 :'
,
and' ~';JIJbsct:-ll.brfi'~ t:t:J h.,) fl;l,rl~:l
~'"fi., , 'J"')~.4
"P,c':"..,.. ddY ~jl ;I~_.'
1 l ' I' '
"1\, f.n
Ill.;)'
,
:~~." (l r 1"1
",I
i I
\'1
9~
Ii
1
C;.r-'
,
~" ..,
.((L' .-
. -,' '4.,' i.~,,_ _ 'j , '_"I>
~"ihl';) "',' r,. :}, ^f/ii1
,
,
"
:; ., " ,
, ,
i " "
Ii I-t "I
, ]I, ., ,
", , I,
" ' ' .,
" ,
.,
"
'--I "
',111'/-'11'1'"
1\1,11!";I;
,,_1;_1'(
II
1,11;'1
"
, '" l' IIi'i
')'.It! 1.~lj~(\, .lll'
,
, ,
,I
, ,
,
,
, ,
,
1.1:111 ~1]11,"~:M,TII '(IF . ['dHl.::i'!l.'1 Ml 1,1\ I
'_ l'I,;rNI'i nF L JIH)I.;li ,"lID, i
, , '
!i
'!f,ILI.! M1
rp'HI~ I';:/" M"
!'
,
i Vti,
"
" AIIII,I,"
. ., -,
,
'I
,
/)' ~~T" M,"
,
,
, ,
Ii
"
" ,
, "
, ,
,I,Il';il;;
,
"
II.
.1 I III
bhbl'l If' 1.11' r,h~J)!)I'''' :,jJlIVI',j,n:
,
\iJ'I~' h~HI,,\'" dUl, '1:11f1'II'II' d,:r-'"r',1~119
) II ,
W I III 1. 'i 111;11111;,) n1<',~;U~I/)ti'r/IH! ,\ I"Pl;;ll~;,'mM!t;;I:Jlim'r,J~!;,
:3Ujt:,:ICi Ctt'(tll.f:tod l~,rJlJ, p(J:fltrn~I','; 'Fil;";:'-;'i_til,f~ un t~hi}-,!~
I
J,:.I~,!!J.",' ill. UQI9!JIj1I1. ,HOlm". ,,!\ I,
, ,
l"l j ',1111;,'1 ~--! ,.1< A JJI,'K..l"-"-~"-c~-'I"'''- 'I-.-."H"....'""".
, "
'"11'llI':liI'tdH" '",')llId,y, ,lilt'JliHl~ I '1,'111 I.,/"
; ," \.'Fd ,I tl,l'
, '
Jj~.I;J1,,- d'JY
I)ItJ\fd")I","',),fif1:,~L,,,-
.. '1' ," ,
I .,
"
!.Ill t!1 (d
i;' 1IIIJ;-J! :',
: !,Ii "./",1 ill'; I" T
.-r....... ....,; ,-
( i11ILII.;l,
::'']~)_r~~_~n ,~2_1{l.~,,~}',~....!
f""'",'
" 'l~
11'11','
,
:.Inl.! ;)i:.ljlll_UJ'.tI~I;1 l':OllY)
',,11 IV;.;.1j r r,~f:~V t 1:):1: 11':,1) l' d
I "1
I) ,
,:,iIL the; ulll.jJt;_'~l'~~'d
W~'l:~ 'I:JJ,qddd b}
',tH1I:I,^,W'L,
l, 'r'..I1, F,I': l'll,
iI
'-'~'-'-Tr-'."
'l'11" II
, 'Il ':;'
;: ~I / t r~n}',~.
)1",'
, ., l.. I
'':11''1111, U ~,qU'.f"
\ 1"'1','1'. I;C' 1_.l.riql
':,1 )' '.1'1.1..,I~
1\ r 1 ,..dFl'II.I: "
',illll:;hiln_Jli'
'_, '~',I' t, " l./,l','d 11 iFI I: l
"
;a:, /~,
" .CJ~f
",.. 'rr'''....n_.-
, "1I,1] l..l J~ "
,
11I1t:i\ofi'-nl " ,
r--#' ! .r-;';
r{.'l~::~\~~rrd(t;
I ' ,
^IJOIKU 'II/HI 'fitYWI;:n
lil, 11 ;_~!J~/. 1. ',T~li:l' j J
Ii'
1_'1. fj'll,;\
.i-l.J1lJ
. \~vl
')'1.1;11/)
''''_'..,.11
A,t r, .'
!~lm:nr
'.-1
"
.':WI.'I
j II);
II d.IJtL (..IUIH~'.Jl
V~.,. . -',\;'j'"
?<,. 1\'. D, ','
" '
1. 1.~iPd~t.i) ,..,jJI;"Jf(}
,:i .t . . .' .:.-.:. ~ ..,.. ;, I , _.
, ' I'. "
,
"
IIlp
III
'"
~i' a fr1:' ^#~
'. U~",l.,l '.t r
,," \ '1" "1- -"I I , .' J
~ 1].11 ,'l I.,IJ .. d 1.}t "
.1.,-
"
,
,
,
"
1
oil
.1
"
I,
1"
I,
,
,
"
,
,"
,
,
.
!"
"
,.
,
,
,
"
."
" ,
l
!j
,
LIJ H,I
".1_
-,i"
I'
"
1:'1'
" t
,t1.o
"
I',
,',
"
li'
,
EDDIE WILLIAMS and BARBARA
WILLIAMS, His Wife,
plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CtVIL ACTION - LAW
v.
JOSE A. PADILLA and BUILDERS
TRANSPORT, INC.,
Defendants
NO.
JURY TRIAL DEMANDED
COMPLAINT
1. plaintiffs Eddie Williams and Barbara Williams are
husband and wife, adul.t individuals, citizens of the Commonwl'alth
of Pennsylvania, who reside at 20 Jane I,ane, Carlisle, cumberland
county, pennsylvania.
2. Defendant Jose A. Padilla is an adult individual, citizen
of the Commonwealth of Pennsylvania, who resides at 1816 Chestnut
street, Harrisburg, Dauphin county, pennsylvania.
3. Defendant Builders Transport, Inc., a Georgia corporation
with its principal office located at 2029 West DeKalb street,
Camden, South Carolina 29020-7005, is an interstate trucldnq
business who regularly conduct business in pennsylvania.
4. The facts and occurrences hereinafter related took place
on or about June 24, 1994, at approximatelY 7:40 p.m., on Spring
Road (Route 34), in North Middleton Township, Cumberland county,
Pennsylvania.
82575/CLN
5. At that time and place, Plaintiff Eddie Williams was
opsratinq a Schwinn Raleigh 10-speed bicycle and was travelling
south on Spring Road near the Creek Bridge, North Middleton
Town.hip, Cumberland County, Pennsylvania.
6. At that time and place, Defendant Jo.e A. Padilla wa.
operating a 1994 International cabover truck, owned by Builders
Transport, Inc., and was travelling south on Spring Road directly
behind Plaintiff Eddie Williams.
7. At that time and place, Defendant Jose A. Padilla
operated the 1994 International cabover truck in the course and
scope of his employment with Defendant Builders Transport, Inc.
8. At that time and place, Defendant Jose A. Padilla
proceeded to follow Plaintiff Eddie Williams up Spring Road at a
slow rate of speed for a short distance.
9. At that time and place, Defendant Jose A. Padilla began
passing Plaintiff Eddie Williams as he was proceeding across the
Creek Bridge causing the cabover truck to sideswipe Plaintiff and
his bicycle and squeeze him between the rear tandem of the truck
and the bridge abutment.
10. At that time and place, the tires from the cabover truck
being driven by Defendant Jose A. Padilla struck Plaintiff Eddie
William. burning hi. left arm and left hand and causing him to lose
control of his bicycle.
2
COl1N'1' I
Eddie Williams and ~al~bara Willia~1
v. Jose A. Padilla and BU1_~~t~ Tt!n~QQt~. Inc.
U. Paragraphs 1 through 9 of Plaintiffs' Complaint are
incorporated herein by reference.
12. The foregoing accidont and all of the injuries alld
damages set forth hereinafter sustained by Plaintiffs Eddie
Williams and Barbara Williams are the direct and proximate result
of the negligent, careless, wanton, and reckless manner in which
Defendant Jose A. Padilla operated the 1994 International cabover
truck in the Scope and course of his employment for Defendant
Builders Transport, Inc., as follows:
(a) Failure to keep alert and maintain a proper watch for the
presence of other persons or vehicles on the highway;
(b) Failure to have his vehicle under such control as to be I
able to stop within the aS5ured clear distance ahead;
(c) Failure to travel' at a safe speed;
Cd) Failure to keep a proper watch for traffic on the
highway;
(e) Failure to keep a safe distance while passing a vehicle
on the left as required by the Pennsylvania Motor VehiCle
Code;
(f) Failure to keep safely clear of an overtaken vehicle when
passing on the left as required by the Pennsylvania Motor
Vehicle Code;
(g) Failure to stop and render assistance after causing an
accident resUlting in personal injury as required by the
Pennsylvania Motor Vehicle Code;
3
left hand and arm, subacromial bursitis, and a disk protrulion at
the L5-S1 level.
17. As a result of the injuries sustained, Plaintiff Eddie
williams was forced to incur liability for medical treatment,
medications, hospitalizations, and similar miscellaneous expenses
in an effort to restore himself to health, and claim is made
therefor.
18. Because of the nature of his injuries, Plaintiff Eddie
Williams has been advised and, therefore, avers that he may be
forced to incur similar expenses in the future, and claim is made
therefor.
19. As a result of the aforementioned collision and resulting
injuries, Plaintiff Eddie Williams has undergone and in the future
will undergo great physical and mental sUffering, great
inconvenience in carrying out his daily activities, loss of life's
pleasures and enjoyment, and claim is made therefor.
20. As a result of the aforementioned collision and resulting
injuries, Plaintiff Eddie Williams has been and in the future will
be subject to great humilifttion and embarrassment, and claim is
made therefor.
21. As a result of the aforementioned collision and resulting
injuries, Plaintiff Eddie Williams has sustained work 1088, loss of
6
opportunity and a permanent diminution of his earninq power and
capacity, and claim is made therefor.
22. As a result of the aforementioned collision and resulting
injuries, Plaintiff Eddie williams has sustained uncompensated work
loss, and claim is mbde therefor.
23. Plaintiff Eddie Williams continues to be plagued by
persistent pain and 1 imi tation 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.
24. As a result of the aforementioned injuries, Plaintiff
Eddie Williams has sustained scarring which will result in
permanent disfigurement, and claim is made therefor.
CLAIM II
Barbara williams v.
Jose A. Padilla and Builders TransDort. Inc.
25. Paragraphs 1 through 23 of Plaintiffs' Complaint are
incorporated herein by reference.
26. As a result Qf the aforementioned collision and resulting
injuries sustained by her husband, Plaintiff Eddie Williams,
Plaintiff Barbara williams has been and may in the future b.
deprived of the care, companionship, consortium, and sooiety of her
husband, all of which will be to her great detriment, and claim is
made therefor.
7
31. Ths injuries and damages sUrfered by the plaintiff. were
not caUsed by any acts, omissions or breaches of duty by the
Defendants, Padilla and B~ilders Transport, Ino., but were caused
in whole or in part by the negligence or fault or want-of-care of
the Plaintiff, Eddie Williams.
32. The injuries and damages suffered by the plaintiffs were
oaused by the acts, omissione or breaches of duty of third parties.
33. Plaintiffs' claim for injuries and damages is barred in
whole or in part by the Pennsylvania Comparative Negligence Act, 42
Pa. C.S.A. 57102 et seq., or by the Doctrine of Comparative
Neg ligence.
34. Any damages which the plaintiffs may be entitled to
recover' in this action are limited to those damages which are
recoverable under the provisions of the Motor Vehicle Financial
Responsibility Law, 75 Pa. C.S.A. 51701 et seq.
35. The Plaintiff, Eddie Williams, assumed the risk of injury
and the damages resulting therefrom by his own conduct; therefore
the plaintiffs are barred from recovery.
36. The cause of action of the Plaintiff, Barbara William.,
is derivative and is therefore barred in whole or in part by the
comparative negligence of her husband, the Plaintiff, Eddie
Williams.
-5-
CERTIPICATE OF SERVICE
I, J.... P. Carl, Esquire, do hereby certifY that on the date
set torth below, I did serVe a true and oorreot copy of the
tor.going document upon the following person(s) at the following
.ddress(ss) indicated below by sending same in the United st.tes
mail, firat-Class, postage prepaid:
Michael E. Kosik, Esquire
Angino , Rovner, P.c.
4e03 North Front street
Harrisburg, ~A 17110
METZGER, WICKERSHAM, KNAUSS , SRB
D.te I
L/ 3: c...v
~ Carl, Esquire
Ab~il 8. 19~~
/1 ,
i I
, ,
"
"
. ,
,.
.,
I ,
, ,
30. There Was no wanton conduct on the part of the Defendant,
Jose A. Padilla.
i.
~
1
"
31. The injuries and damages sUffered by the plaintiffs were
not caused by any acts, omissions or bl'eaches of duty by the
Defendants, Padilla and Builders Transport, Inc., but were caused
in whole or in part by the negligence or fault or want-of-care of
the Plaintiff, Eddie Williams.
32. The injuries and damages SUffered by the plaintiffs were
caused by the acts, omissions or breaches of duty of third parties.
33. Plaintiffs' claim for injuries and damages is barred in
whole or in part by the Pennsylvania Comparative Negligence .I\ct, 42
Pa. C.S.A. 57102 et seq., or by the Ooctrine of Comparative
Neg l.i.gence.
34. Any damages which the plaintiffS may be entitled to
recover in this action are limited to those damages which are
recoverable under the provisions of the Motor Vehicle Finanoial
Responsibility Law, 75 Pa. C.S.A. 51701 et seq,
35. The Plaintiff, Eddie Williams, assumed the risk of injury
and the damages resulting therefrom by his own condUct; therefore
the plaintiffs are barred from recovery.
36. The cause of action of the Plaintiff, Barbara Williaas,
is derivative and is therefore barred in whole or in part by the
comparative negligence of her husband, the Plaintiff, Eddie
Williams.
\
~
I
!j
ij
I,
il
.
j..'
"
I
,
,I
~(
,
II
~ I
t!
II
~\
~, ,
f;~',,,,,,
,j
-5-
WHlRlrORI, Defendant, Jo.e A. Padilla, requ..t. that the
Co.plaint be di..i...d and that jUdgment b. enter.d in it. favor.
METZGER, WICKERSHAM, KNAUSS , ERB
,
Date'
I Al)ril
,
,
',' I
'<III
'"
, 'I I
,
"
"
1996
, ,
, ,
"
"
"
.F: c...v
carl, Esquire
torney I.D. No. 01616
3211 North Front street
P. O. BOle 15300
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Defendant
Jose A. Padilla
, ,
"
, ,
'I
I
I I
1,1 ,
, " "
:,
/ I
I
I,
,I,.
, I
,I
"
,
q I
"II" I I
'I
I,
I
, ,
,
I,
I,
';)1
\ 'I /
:1 '
iL' ,.1
"
,
i.,1
"
,
].,
I q
,/
-s-
.....A .\
EDDIE WILLIAMS and BARBARA
WILLIAMS, His Wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
JOSE A. PADILLA and BUILDERS
TRANSPORT, INC.,
Defendants
NO. 96-830 CIVIL TERM
JURY TRIAL DEMANDED
PLAINTIffS' RBPLY TO NEW MATTER or DEFENDANT
BUILDERS TRANSPORT. INC~
AND NOW, Plaintiffs Eddie Williams and Barbara Williams, his
wife, by and through their attorneys, Angino & Rovner, P.C., hereby
responds to Defendant Builder9 Transport, Inc.' s New Matter as
follows:
27. Denied. 'I'his averment is a conclusion of law to which no
responsive pleading is required. To the extent that a response may
be deemed proper, it is specifically danied that Plaintiffs failed
to state a cause of action upon which relief can be granted. To
the contrary, it is averred that Plaintiffs' Complaint sets forth
claims of negligence in the operation of a motor vehicle against
Jose A. Padilla and his employer/owner of the truck, Builder.
Transport, Inc.
28. Denied. This averment is a conclusion of law to which no
responsive pleading is required. To the extent that a response lIIay.
be deemed proper, it is specifically denied that Plaintiffs' olaim.
are barred by the applicable statute of limitations.
To the
91434/DMR
contrary, it is averred that Plaintiff Eddie Williams' accident
occurred on June 24, 1994, and that the two-year statute of
limitations, contained in 42 Pa.C.B.A. S 5524, applies to this
claim. Given the fact that the Complaint was filed and served upon
both Defendants Jose A. Padilla and Builders Transport, Inc. well
before June 24, 1996, Plaintiffs maintain that the action was
timely filed.
29. Denied. This averment is a concluBory allegation
unsupported by any factual statements, and therefore, no responsive
pleading is required. To the extent that a responsive pleading may
be deemed proper, it is apecifically denied that Defendants Jose A.
Padilla and Builders Transport, Inc. were not negligent, careless
or reckless wanting for due care. To the contrary, it is averred
that Defendants Jose A. Padilla and Builders Transport, Inc. were
negligent, careless and wanting for due care as set forth in
Plaintiffs' Complaint.
30. Denied. This averment is a conclusory statement
unsupported by any factual averments. To the extent that a
response may be deemed proper, it is specifically denied that
Defendants Jose A. Padilla and Builders Transport, Inc. were not
involved in wanton conduct at the time of the allcident. To the
contrary, it is averred that Defendants Jose A. Padilla'e and
2
Builders Tranlport, Inc. 's conduot was wanton, as averred in
Plaintiffs' Complaint.
31. Denied. This averment is a oonclusion of law to which no
responsive pleading is required. To the extent that a response may
be deemed proper, it is specifically denied thbt Plaintiff Eddie
Williams' injuries were not caused by any act, omission or breach
of duty by Defendants Jose A. Padilla and Builders Transport, Inc.
It is further denied that Plaintiff Eddie Williams was negligent in
any manner upon the cause of action stated in Plaintiffs'
Complaint. By way of further response, it is averred that all of
Plaintiff Eddie Williams' injury was as a result of the negligent
and careless conduct of the Defendants, as alleged in Plaintiffs'
Complaint.
32. Denied. This averment is a conclusory allegation
unsupported by any factual statements. To the extent that a
response may be deemed proper, it is specifically denied that
Plaintiff Eddie Williams' injuries were caused by any unidentified
third party. To the contrary, it is averred that all of Plaintiff
Eddie Williams' injuries were caused as a result of the negligent
and careless conduct of Defendants Jose A. Padilla and Builders
Transport, Inc.
33. Denied. This averment is a conclusion of law to which no
responsive pleading is required. To the extent that a response may
3
^
be deemed proper, it is specifically denied that Plaintiff Eddie
Williams was m!lgligent in any manner upon the cause of action
stated in Plaintiffs' Complaint. Therefore, it is denied that
Plaintiff Eddie Williams' injuries and damages are barred, in whole
or in part, by the application of the Pennsylvania Comparative
Negligence Act or the Doctrine of Comparative Negligence.
34. Denied. This averment is a conclusion of law to which no
responsive pleading is required. To the extent that a response may
be deemed proper, it is specifically denied that Plaintiffs'
damages averred in their Complaint are in any way limited by the
application of the Pennsylvania Motor Vehicle Financial
Responsibility Law.
35. Denied. This averment. is a conclusion of law to which no
responsive pleading is required. To the extent that a response may
be deemed proper, it is specifically denied that Plaintiff Eddie
Williams assumed the risk of injuries which he suffered as a result
of the Defendants' negligent conduct. At the. time of the accident,
Plaintiff Eddie Williams was operating a bicycle on the highway 1n
accordance with the provisions of the Pennsylvania Motor Vehicle
Code. It is specifically denied that Plaintiff Eddie Williams was
aware that Defendant Jose A. Padilla, in the scope and couraeo!
his employment for Defendant Builders Transport, Inc., waa go1n9 to
4
II
EDDIE WILLIAMS and BARBARA
WILLIAMS, His Wife,
Plaintiffs
v.
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I CIVIL ACTION - LAW
I
I
I NO. 96-830 CIVIL TERM
JOSE A. PADILLA and BUILDERS
TRANSPORT, INC.,
Defendants
JURY TRIAL DEMANDED
PLAINTIFFS' REPLY TO NEW MATTER OF DEFENDANT
JOBE A. PADILLA
AND NOW, Plaintiffs Eddie Williams and Barbara Williams, his
wife, by and through their attorneys, Anginc & Rovner, P.C., hereby
responds to Defendant Jose A. Padilla's New Matter as follows:
27. Donied. This averment is a conclusion of law to which no
responsive pleading is required. To the extent that a response may
be deemed proper, it is specifically denied that Plaintiffs failed
to state a cause of action upon which relief can be granted. To
the contrary, it is averred that Plaintiffs' Complaint sets forth
claims of negligence in the operation of a motor vehicle against
Jose A. Padilla and his employer/owner of the truck, Builders
Transport, Inc.
28. Denied. This averment is a conclusion of law to which no
responsive pleading is required. To the extent that a response may
be deemed proper, it is specifically denied that Plaintiffs' claims
are barred by the applicable statute of limitations.
To the
contl:ary, it is averred that Plaintiff Eddie Williams' aocident
9l419/DMR
oocurred on June 24, 1994, and that the two-year statute Of
limitations, contained in 42 Pa.C.S.A. S 5524, applies to this
claim. Given the fact that the Complaint was filed and served upon
both Defendants Jose A. Padilla and Builders Transport, Inc. well
before June 24, 1996, Plaintiffs maintain that the action was
timely f Ued.
29. Denied. This averment is a conclusory allegation
unsupported by any factual statements, and therefore, no responsive
pleading is required. To the extent that a responsive pleading may
be deemed proper, it is specifically denied that Defendants Jose A.
Padilla and Builders Transport, Inc. were not negligent, careless,
reckless or wanting of due care. To the contrary, it is averred
that Defendants Jose A. Padilla and Builders Transport, Inc. were
negligent, careless, reckless, and wanting of due care as set forth
in Plaintiffs' Complaint.
30. Denied. This averment is a conclusory statement
unsupported by any factual averments. To the extent that a
response may be deemed proper, it is specifically denied that
Defendants Jose A. Padilla and Builders Transport, Inc. were not
involved in wanton conduct at the time of the accident. To the
contrary, it is averred that Defendants Jose A. Padilla's and
Buildere Transport, Inc.'s conduct was want:m, as averred in
Plaintiffs' Complaint.
2
31. Denied. This averment is a conclusion of law to whioh no
responsive pleading is required. To the extent that a responss may
be deemed proper, it is specifically denied that Plaintiff Eddie
Williams' injuries were not caused by any act, omission or breach
of duty by Defendants Jose A. Padilla and Builders Transport, Ino.
It is further denied that Plaintiff Eddie Williams was negligent in
any manner upon the cause of action stated in Plaintiffs'
Complaint. By way of further response, it is averred that all of
Plaintiff Eddie Williams' injury was as a result of the negligent
and careless conduct of the Defendants, as alleged in Plaintiffs'
Complaint.
32. Denied. This averment is a conclusory allegation
unsupported by any factual statements. To the extent that a
response may be deemed proper, it is specifically denied that
Plaintiff Eddie Williams' injuries were caused by any unidentified
third party. To the contrary, it is averred that all of Plaintiff
Eddie Williams' injuries were caused as a result of the negligent
and careless conduct of Defendants Jose A. Padilla and Builders
Transport, Inc.
33. Denied. This averment is a conclusion of law to which no
responsive pleading is required. To the extent that a response may
be deemed proper, it is specifically denied that Plaintiff Eddie
Wilhams was negligent in any manner upon the cause of action
3
stated in Plaintiffs' Complaint. Therefore, it is denied that
Plaintiff Eddie Williams' injuries and damages are barred, in whole
or in part, by the application of the Pennsylvania Comparative
Negligence Act or the Doctrine of Comparative Negligence.
34. Denied. This averment is a conclusion of law to which no
responsive pleading is required. To the extent that a response may
De deemed proper, it is specifically denied that Plaintiffs'
damages averred in their Complaint are in any way limited by the
application of the Pennsylvania Motor Vehicle Financial
Responsibility Law.
35. Denied. This averment is a conclusion of law to which no
responsive pleading is required. To the extent that a response may
be deemed proper, it is specifically denied that Plaintiff Eddie
Williams assumed the risk of injuries which he suffered as a result
of the Defendants' negligent conduct. At the time of the accident,
~laintiff Eddie Williams was operating a bicycle on the highway in
accord with the provisions of the Pennsylvania Motor Vehicle Code.
It is specifically denied that Plaintiff Eddie Williams was aware
that Defendant Jose A. Padilla, in the scope and course of his
employment for Defendant Builders Transport, Inc., was goinq to
strike his bicycle as he was crossing the bridqe or that he was
aware that he would suffer the injuries alleged in the Complaint.
4
36. Denied. This averment is a conclusion of law to which no
responsive pleading is required. To the extent that a response may
be deemed proper, it is specificallY denied that plaintiff Eddie
williams was negligent in any manner upon the cause of action
stated in his Complaint. Therefore, it is denied that the claim on
behalf of his wife, Barbara Williams, is in any way barred or
reduced by the application of the comparative Negligence statute.
WHEREFORE, plaintiffs Eddie Williams and Barbara williams, his
wife, respectfully request this Honorable Court to dismiss
Defendant's Answer and New Matter and enter judgment in his favor
against the Defendant Jose A. Padilla.
,
ri,
c ae E. Kos
I. D. No. 36513
4503 North Front street
Harrisburg, PA 17110-1799
(717) 238-6791
counsel for plaintiffS
Datedl
>-1/17 jq/A
, ,
, .
CERTIFICATE OF SERVICE
I, Donna M. Rineer, an employee of the law firm of Angino ,
Rovner, P.c., do hereby certify that I am this day ~ervinq a true
and correot oopY of the foregoing PLAINTIFFS' RBPLY TO NI. MATTIR
OJ' DIJ'IIIDAIIT JOB. A. PADILLA upon aU counsel of record, via
POlltage pre-paid, first class United States mail, addrelllled ae
follows:
James F. Carl, Esquire
METZGER, WICKERSHAM, KNAUSS , ERB
3211 North Front street
P. O. Box 5300
HarriSburg, PA 17110-0300
(Counsel for Defendant Builders
Transport, Inc.)
~~~. ~~"~J
. Donna . R neer ,
,
Dated:
rn~ I~ /ti9J
'I,',
il;
, I
it'll
",
I: ',i
lH
" I
.,q~l,
,
,
I,
I,
,
"
"
I;'
"
J;
I,
I]
, !I
,; ,. ii,
'I ,!
.1 I
I 'I' "VI
" ,
i- co 1: ii' "1" '1
,
on ~~~!' ~ I'
t!- '1 ii I,
I "
il
l.~ :c :?~ I
f.l,. ,.
II , I ;I I,
I. M "\j!q 1 , , , " i.
~J,. N ~. Ii
..I'l~ i {.1 , ,
.r ,'I 1
. r" . , I
, , i!
~ ~ 'I, iii
I
.1 .,
,if
'I , I' ,
, I
, . , ,
" , I ,
I I
"
, " '1 I '1
" 1,1,
.,
, .
, "
.1 ,
il , I
"ii, I,., I '1
I '1
, .1 Ii ii
" ,
" ,
I, I, I
.,' '\1
I. , I , I
I, ,
Ii "
I. ,
'I II
,
1"1 :f!
Ii , , it
" ., " I
, ., I , , I ,
,) , ", ,
, .1 I, I,
d
,I ',I 't,; ;'1
" ,"I
, , ,
II! "
,\
,I
.1
t,
I,
,.
I
,
'"
'.'
oj'
,
.~ '"'I ',1- .ck
IJ., ~, Il.,
'-k , ~""9-
I' I'" ,i_,.r ,
1I1~ :: ...It ',J ........
-')1; ~: j' ~
h;: I'
~~ "_::.1 ' I
t t;"i' 'I ~
,
'I') '!'l'] , I'
l' , ," r, ~ 1
1"1,. , I '1
U!\' C"} ut\] " ,
-},! ~\- , ili
,: :L"'t
l~ m r.t.)
r:Ji, t) " ,
"
I I
t~ 1" I I 4
~
III ~
...
~ ';l i I
lJ I
.~ ~ ~
~~ ~ ,II t'
~ .... ~
~ ~ ~
~ffi ~ ~ I G H
~~~~~ '" ! - ~ ~
. 't:l !." n
''t:l III ~
~... ~ .c Ji ~'
nl .~ . t ' ~ r
~ H~ ~J !~l
o I> ~ .~ . ~ 'I
o H ~ i:l~
~uzu~
~~~o=l ...1"" ~ . ~
o r<M ...1 . ~~ Z'
U U<<ll-i :~
~ <J,~ ..j~ 0
...1'" ~'
~~ ~ ,-< ...1 bl~
~ ~~~ ~ ~' s;
I'
, ,
I'
"
"
,i'
'I
,
,
,I
I
,'I:
'I ,
I';
'-:
"
"
,,'
"
'.11
I
I
,
,
"
"
q'
"
,
,
"
I ,
"
"
'11,.,1'
>1'.1'1
L'I'. .......'.1'
-
S. The law Ilrm of Metzger, Wickersham. Knauss & Erb. P.C., has continued to
perfonn professional services for the Defendants and has Incurred expenses on their behn1l~
including the cost of transcripts for dcpositlons.
6. No paymcnt has becn rceeived from Builders Transport,lne.. since September 16.
1997. and that was paymcnt of a statcmcnt issucd on April 14. 1997. A statcmcnt issued July 18.
1997. and subscquent statcmcnts rcmain unpaid. As of April 30, 1998, thc total unpaid balance
wnounts to Six Thousand Four Hundred Fourtccn and 07/1 00 ($6.414.07) Dollars.
7. In addition to this casc, thcre arc thrcc othcr eascs with outstanding balances in the
wnounts of Six Thousand Onc Ilundrcd Finy-six and 83/100 ($6.156.83) Dollars. Thrcc ThousWld
Nine Hundred Sevcnty-ninc and 56/100 ($3,979.56) Oollam and Thrcc Ilundrcd Finy-eightand
60/100 ($358.60) Dollars. Thc total amount owcd by Buildcrs Transport,lnc.. to thc law firm of
Metzger, Wickersham, Knauss & Erb. P.c., is Sixtccn Thousand Nine Hundrcd Ninc and 06/100
($16,909.06) Dollars.
8. Counsellor thc Dc fend ants has demanded payment of all outstanding balances and
has advised Builders Transport, Inc., that if paymcnt was not rcccivcd by thc close of business on
Monday, May 4,1998. thc instant Petition for withdrawal would be liIcd. No payment has been
received.
9. Counsel for the Plaintiffs has been contacted. and he has signified his
nonconcurrence.
.2,
Documll"" 134652
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
NO. 96-830 CIVIL TERM
EDDIE WILLIAMS and BARBARA
WILLIAMS, His Wife,
Plaintiffs
JOSE 'A. PADILLA and BUILDERS
TRANSPORT, INC.,
Defendants
JURY TRIAL DEMANDED
RESPONSE OF PLAINTIFFS EDDIE AND BARBARA WILLIAMS
TO DEFENDANTS' COUNSEL'S PETITION TO WITHDRAW
AND NOW comes Michael E. Kosik, Esquire, of the law firm of
Angino & Rovner and responds to the petition of James Clark,
Esquire to Withdraw as Counsel for Defend~nts Jose A. Padilla and
Builders Transport, Inc. in the above-capt ioned matter, averring as
follows:
1-3. Admitted. By way of further response, Plaintiffs avers
that this case was pretried before Judge Oler and is currently
scheduled for trial during the week of May 16, 1998. Witnesses
have been subpoenaed and doctors' depositions have been taken and
Notices to Attend have been provided to the Defendants.
4. It is admitted that the law firm of Metzger, Wickersham,
Knauss & Erb, P.C., have entered their appearance for the
Defendants and have been defending this case.
Plaintiffs are
unaware as to the exact assignment obtained for that
representation, however, verifications to the Answer and discovery
has been signed by J.L. Register, Vice President of Claims
Management of Builders Transport, Inc.
132469/MMP
. .,
5. It is admitted that ,the law firm of Me~zger, Wickersham,
Knauss & Brb, P.C., have continued to provide professional services
to the Defendant. Plaintiff is unaware as to the expenses that
have been incurred and who has paid for those expenses.
6-7. kllaintiffs were not aware of the informfltion contained in
these paragraphs, but have no reason to dispute this information.
8. Plaintif fs' counsel was advised by Attorney James Carlon
the afternoon of May 4, 1998 of the situation involving his firm's
not receiving payment from Builders Transport for this and several
other cases and his demand for payment by the close of business on
May 4, 1998. Plaintiff is not aware of the other facts alleged in
this paragraph but have no reason to dispute the information.
9. Admitted. It is admitted that Plaintiffs' counsel has
advised Attorney James Carl and his firm that he cannot agree to
it's withdrawal as counsel at this point given the fact that the
case has been listed for trial, all preparations for trial have
been completed, and Plaintiffs Eddie and Barbara Williams would be
substantially inconvenienced and prejudiced by any further delay in
this matter.
NEW MATTER
10. In Answers to Interrogatories, Defendants confirmed that
Defendant Builders Transport was self-insured at the time of this
accident. See, Defendants' Answer to Interrogatory #9 attached
hereto.
11. If financial problems of the Defendant are the cause for
Defendant Builders Transport's non-payment of defense counsel's
bills, further delay of this mater may substantially impair both
defense counsel and Plaintiffs' ability to collect any judgment,
since until a verdict is rendered and entered as a judgment,
Plaintiffs cannot take any further action to protect their
interests.
12. Plaintiffs are not aware of any bankruptcy filing by the
Defendant which would justify a stay of the current proceedings.
13. Plaintiffs maintain that defense counsel would have the
right to assert a claim against the Defendant after the conclusion
of the case for payment of its bill and that under the current
status of the case, this is the most equitable remedy rather than
permitting defense counsel to withdraw.
14. Plaintiffs' counsel has advised Plaintiff Eddie Williams
of the Petition and it content and he has requested that the
petition be opposed.
WHEREFORE, Plaintiffs Eddie and Barbara Williams respectfully
request this Court to deny the Petition to
Date: 5/7/98
chael re
I.D. No. 36513
4503 North Front Street
Harrisburg, PA 17110
(717) 238-6791
Counsel for Plaintiffs
.'
VERtFICAlrION
I,. MICHAEL E. KOSIK, ESQUIRE, do hereby swear and affirm that
,
the facts set forth in the foregoing RESPONSE OF PLAINTIFFS EDDIE
AND BARBARA WILLIAMS TO DEFENDANTS' COUNSEL'S PETITION TO WITHDRAW
are true and correct to the best of my knowledge, information and
belief. I understand that this verification is made subject to the
penalties of the Rules of Civil Procedure relating to unsworn
falsification to authorities.
WITNESS: .
-rn;iAdi, 111. ewuM-
5-1-18
Dated:
ESQUIRE
, ,
!I ,I
',1
,
I'
.,
,
,
"
,"
. ,
, ,
, ,
.'
!)
"
, ,
I.il
0'.,")
"
.'
,
,
':
1752!PJM
I ,
,',., I'
,
I,
"
,
,1,1
.. ,
I,.'
'I'
"
",
"
"
"
'II
,
"
"
'J!
"
Ii
,
";,1,
"
"
"
,
it
, ,
,
.1'
,:
"
, ,
, ,
,
I "
, ,
,
" "
'.
-'i
"
,
,
,
I')
"
"
"
"
, "
I,'
,I
','
I'.,II:/j
, '
;i
,"
fll,
I,tl I
01,
'I'
,
"
11'1,
"
,
I': '-I
, ,
,
,
,"
I\,l
" ,
, I
" ,
" " ,
',1',1,
"
nq,
-J,'i"
,/' II'
,
I'
"
',I
,
, '
,,'
,
"
i}
.Ii!,
,
"
, '
,'I
"
I'
, '
'i' "
Iii
I.
,
",
"
,
"
" ,I
"
"
"
.,
"
, ,-I
"
'/'1'
"
,
,
, ,1 ~
"
, .
,
I
"
,I ,
,
"
" ',I ,
, 'I'
,
, i I, ,
"
" ,
, , , "
, , 'I
,
1j I ,
II'
,Ii!
,
,
I' ,
oil " I' )! I,
, ,
" , ,
, i,
I,
,
"
,
I
,
, "
"
,
"
, , "
" II
" " ,
, ," ,
" ,!
ii.),
'/ " 1\1
'. ,
'I!
"
II
,
i,'1
" I
I:i'l ,
,
, " ,
, " , \1'
, , ,
"
" ,
" !'I' "
,I, 'I
_n
t.".)
,:'f.
';~~~
,/
,
'J"
\,1
Ii :i
/1
,'~~
L.. I
,-
".'
..,;~hl
,1,\1/,
;/",11
dr,',
'l~,:; ,
" ~j , ,
."i'-,....
,_".J
pt,.,i;"'
;tl~'.
"
~,
..":"
i
I !Ii
,
"
,
I
\
.."l
"
(',
"
"
,
I. I
,I 1(' I
I' , ,
, "
, "
'I 'I ,
1:' ,
, ,
, I,., ,,)i "
, , ,
i ,
I, ,
" i
).,', :d 'I
"
q,; I , I
,
, , "
, "J ,,' p .;It
i
'i !,
"
" 'I "
"
,
,
I
"
,
'"
'Ji
,'ii'
,.....,......,
('l
'f,
,I
,"1
'I
",
, ,~:I
, :.,
\~ "
, .,1
\.i'"
:\\
, ,
.. ~:
~ :)
~
"..I-
....,
r;/
,,;')
\?
f
i
~~ -. I~ ~ ;
, , ('.j
111 ' .
" '1,
lll' -I
!," ,
II :-,-,
,. '
',.' f." i ~"I
(t) ~, ,
( I ~...I , 't
I.J.:' J t
C/l ~h
j!, . i
.
_.. . I t
II. ("',i . ,
() ~j' i)
,
t,
t
~~
iJ~
~r;;
~ffi
~~~~ffi
~i~~i
f-<UZUQ
~~SO>::l
8j~9E
~el,.l*
1S~L~~
~
~
.
]~
t~
H.<l
::l .
:~
~~
_.~
o2l
il,
.~
....
P<
.
I>
"
t
"I
1-" I
,'I
~
~
""
"Cl
~
.
a~
~ .
P<t
.0
<P<
~~
--;--=:."i
,
il'-I
:!l
~
"Cl
e
~
,::.
loo
o
tl
I
8
llll
~
~
~
~~
"
, ,
,
"
Ii 'i
-Ill
"
,
,'1'1
,
,
'i
I 'J'I
"
"
.,
"
"
, ,
-II"
"
"
, '
"
q
,
" ,
..
, ,
, '-I'
, ,
"
, 'I
,
"
, , ,
t , "
"
.'
,
"
i,
I.'
,
I,
'I'
I
i
.oJ
"
"
't
,
,"
i ~
i 12 E '~
~ ~ i ~..:.
!~l ~J
~~f ~i
"
f' ....I. )... ','
r , ,
(" (,\, , I
u( ll.~ ':1
c' I "
Il' 'I:: I,'ji , ,
Ji ,
',;.. I , q
)',' , j I, ,
.
I" 1."1 , , i 'I
,IJ! -~ , I!'
(,.,'I, 'r' ,',,,,_i " " ,
""ll
, 1/.,' ',I}I.. /
I_It . .
rl'l ",
l., CI' J
~~
~~
~ffi
~""
8 ~j
\:;~I
E-<8z
0<: 0
5~~
u~~
:~~
~~
~~
u""
~~
J,~
0'>
g~
i
Ul
~
;l
III
,.;
""
~
~
""
~
8~
~ .
""1;1
<~
~a
.
"" Gl
l'l....
III '~
~ Ul
... .,..
.... ,<::
:j .
:~
~::l
~~
.
I>
, ,
I,',
l' IJ
,\1)',
,
, '
,
_ji " I
,
"
,
~
!
l'l
Gl
....
Gl
t:l
"
tJ
i
'~
o
I
~
, ,
-
!
I 6
~~ !
~H'
to.
~ I
~
U
~i'
r-
~i
" I , , , ,
" "
,
" ,
" ,
., , "
, , I'
L. " "
, , 'i
" ,
-J. I), " ,
, , ,
"
;.1
,
"
"
, ,
,/
, ,
,
\;1 '1
1,,1 <It
I-I
"
"
I
,
,
,
II'