Cause of Action: Negligence — Slip and Fall — Loss of Consortium

WESTMORELAND COUNTY JURY TRIAL VERDICTS ¥ 2001 PAGE 1

BETH SHUTTERLY AND ST AT M A I L ,I N C . JON SHUTTERLY, HER HUSBAND V. V. HE A L THCARE SYSTEMS, IN C . WAL - M A R T STOR E S , IN C . NO . 976 OF 1998 NO . 5645 OF 1999 Cause of Action: Breach of Contrac t Cause of Action: Negligence — Slip and Fall — The plaintiff alleged that it entered into a written Loss of Consortium — Arb i t r ation App e a l ag r eement with the defendant on July 24, 1997, On December 30, 1997, at approximately 5:45 p.m . , wh e r ein the two companies would work together in wife-plaintiff was a business invitee at defendant’s de v eloping an Oracle office based home health care Wal - Ma r t Sup e r center in Ros t r a v er Town s h i p . database system. The plaintiff was to be excl u s i ve l y Acc o r ding to the complaint, plaintiff was on her way responsible for maintaining appropriate office space, to work at the Blo w Out Video Sto r e located inside clerical support and program and development staff. the Wal - Ma r t when she slipped and fell on an isolated The complaint alleges that defendant informed patch of ice located on the sidewalk near the “gro c e r y plaintiff on July 31, 1997, one day prior to entrance.” Plaintiff alleged that the icy, slippery commencement of the project, that it did not condition of the sidewalk constituted a dangerous intend to honor the written agreement. The condition of the premises in that the area was dimly pl a i n t i f f ’s suit was for loss of prof i t s . lit and the patch of ice was not readily visible. Pla i n t i f f In its pre-trial statement, defendant asserted that claimed injuries to her back, while her husband Roland Cleneany, an employee of defendant, did not as s e r ted loss of consorti u m . ha v e the authority to execute the document on behalf The defendant, in its pre-trial statement, asserted of defendant. In the alternative, defendant claimed that there wer e generally slippery conditions in the that the agreement was terminated before the community at the time of the plaintiff’s fall. The commencement date of the agreement and that plaintiff denied that the “hills and ridges” doctrine was plaintiff consented to the termination. Defendant also applicable to the facts of this case. argued that plaintiff’s damages wer e speculative and Pla i n t i f f ’s Counsel: Mar k S. Gal p e r , Bergstein & un f o re s e e a b l e . Gal p e r , Mon e s s e n Pla i n t i f f ’s Counsel: Thomas J. God l e wski, Scott Def e n d a n t ’s Counsel: Ca r y W. Val y o, Gor r , Mos e r , Avolio, God l e wski & Associates, Gbg. Dell & Loughney, Pgh. Def e n d a n t ’s Counsel: Ber n a r d T. McA r dle, Stew a rt , Trial Jud g e : The Hon. Charles H. Loughran McCormick, McA r dle & Sorice, Gbg.; Dam o g a r Res u l t : Molded ver dict for Plaintiff in the amount of Sar up Airan, Coral Gables, Fla., admitted pro hac vice. $2500.00. Causal negligence apportioned 50/50 Trial Jud g e : The Hon. Charles H. Loughran be t w een the parti e s . Res u l t : Ver dict for Plaintiff in the amount of $8 2 , 5 0 0 . 0 0 . WESTMORELAND COUNTY JURY TRIAL VERDICTS ¥ 2001 PAGE 2

JULIA P. BAVAR O, A MINOR, BY HER PAR E N T ROB E R T G. ROWLAND AND NATURAL GUAR D I A N , FRANK BAVAR O V. V. DR . DAVID M. TON E Y ; DR . THOMAS D. MC C L U R E ; WILLIAM DEGRANGE, DE F E N D ANT DR . DANIEL L. HA F F N E R ; AND WE S T M O R E L A N D V. ORT H O P AEDICS & SPORTS MEDICINE, LTD. , PAULINE BAVAR O, ADDITIONAL DEFENDAN T A/K/A WESTMORELAND ORTH O P AIEDICS NO . 1001 OF 1999 AND SPORTS MEDICINE Cause of Action: Negligence — NO . 916 OF 1999 Motor Vehicle Accident — Arb i t r ation App e a l Cause of Action: Negligence — Medical Mal p ra c t i c e On June 26, 1998, the minor-plaintiff, Julia P. Bava ro , Plaintiff suffered a fracture and dislocation of his mid- a six-year-old child, was a passenger in her mother’s right foot. On Mar ch 27 and April 19, 1998, plaintiff automobile, and was assisting her mother and thirte e n - pr esented himself to two hospitals, complaining of year-old sister in delivering newspapers. Mrs. Bava r o pain to his right foot and ankle and an inability to bear was traveling south on Ninth Str eet, just past its weight. X-rays of his foot wer e taken at both hospitals, intersection with Marguerite Avenue, in Monessen. In and wer e interpreted by radiologists Dr. Toney and an attempt to deliver a newspaper on the opposite side Dr. McC l u r e, res p e c t i ve l y . On April 21, plaintiff saw of the street, the minor-plaintiff exited the vehicle on Dr. Haf f n e r , an orthopedic surgeon, who perfo r m e d the right-hand side, went around the front of the su r g e r y on plaintiff’s foot on May 21, 1998. Pla i n t i f f vehicle and proceeded to cross the street. The minor- br ought this medical malpractice action against these plaintiff was struck on her right side by the defendant’s defendants, alleging that they wer e negligent in failing vehicle, which was traveling behind her mother’s to promptly and accurately diagnose and/or treat the vehicle. Among the injuries claimed wer e lacerations to de f e n d a n t ’s injuries. the forehead and knees, head injury, and fractures of Defendants Dr. Toney and Dr. McC l u r e asserte d the right lower leg and foot. that they wer e not negligent and their conduct did not The defendant, in new matter, contended that he cause, contribute to or increase the likelihood of plain- was confronted with a sudden and unexpected peril ti f f ’s claimed injuries. Defendant Dr. Haf f n e r , in new af f o r ding him little or no time to apprehend or avoi d ma t t e r , asserted defenses of assumption of the risk, the situation. Defendant also joined plaintiff’s mother, co m p a r a t i v e and contributory negligence, and that he Pauline Bava r o, as an additional defendant, wherei n did not proximately cause plaintiff’s injuries. defendant alleged that the minor-plaintiff ran arou n d Pla i n t i f f ’s Counsel: Jay H. Feldstein, James C. the front of her mother’s van and directly into the side Heneghan, Feldstein Grinberg Stein & McK ee, Pgh. of defendant’s vehicle. Defendant asserted that the Counsel for Defendants David M. Ton e y , M.D. and mi n o r - p l a i n t i f f ’s injuries wer e solely caused by the Thomas McClure, M.D.: M. Brian O’Connor, Gac a negligence of Mrs. Bava r o in failing to properly super- Matis Baum & Rizza, Pgh. vise her six-year-old child. Counsel for Defendants Daniel L. Haf f n e r , M.D. In her amended new matter, the additional and Wes t m o r eland Orthopaiedics and Spo r ts Med i c i n e : defendant asserted the defense of a joint tortf e a s o r Paul K. Vey , David P. Franklin, Pietragallo, Bosick & release executed in her favor . Gor don, Pgh. Pla i n t i f f s ’ Counsel: Jack L. Bergstein, Bergstein & Trial Jud g e : The Hon. Gar y P. Carus o Gal p e r , Mon e s s e n Res u l t : Ver dict for Plaintiff in the amount of Def e n d a n t ’s Counsel: Laura R. Pasquinelli, Law $92,625.00. Jur y found 35% contributory negligence Office of Marianne C. Mnich, Pgh. attributable to plaintiff. Causal negligence attributed to Additional Def e n d a n t ’s Counsel: Thomas W. Smi t h , defendants, Dr. Toney (34%); Dr. McC l u r e (10%); Mears and Smith, P.C., Gbg. and Dr. Haffner (21%). Trial Jud g e : The Hon. Gar y P. Carus o Res u l t : Molded ver dict for Defendant. Although ju r y attributed 100% causal negligence to additional defendant, a joint tortfeasor release operated as a bar. WESTMORELAND COUNTY JURY TRIAL VERDICTS ¥ 2001 PAGE 3

MARIANNA L. WAL K E R , A/K/A MARYI A N N A wro n g ful death action. On the counterclaim, a verd i c t WAL K E R , IN D I V I D UA L L Y AND IN HER CAPACI T Y was entered in favor of Counterclaim Pla i n t i f f , Randy AS EXECUTRIX OF THE ESTATE OF IRVI N E. Cochran, only, in the amount of $1,300,000.00. WAL K E R , DE C E A S E D , PLAINTIFF V. CA N Z I A N / J O H N S T ON & ASSOCIATES RA N D Y E. CO C H R A N , AN ADULT INDIVIDUAL , V. DE F E N D ANT QUEST HEALTHCARE DEVELOPMENT, IN C . V. NO . 3738 OF 1998 MARIANNA L. WAL K E R , A/K/A MARYI A N N A Cause of Action: Breach of Contract — WALKER IN HER CAPACITY AS EXECUTRIX OF Co n t r actor and Sub c o n t r actor Payment Act THE ESTATE OF IRVIN WAL K E R , DE C E A S E D , DE F E N D ANT ON THE COUNTERCLAIM Plaintiff brought this action to collect architect fees NO . 2927 OF 1996 allegedly owed by defendant in connection with the pr oposed construction of an assisted living center in Cause of Action: Negligence — Motor Vehicle Acc i d e n t Penn Town s h i p . Plaintiff asserted that its Novem b e r — Wron g ful Death — Surv i v al — Loss of Consorti u m 24, 1996, agreement with defendant to perform pro- This fatal motor vehicle accident occurred on Sep t e m - fessional services was based upon a Sta n d a r d Form of ber 26, 1995, on State Route 119, near its intersection Ag r eement Bet w een Owner and Architect. By letter of with Greenville Road in Center Town s h i p , Ind i a n a November 6, 1997, defendant indicated to plaintiff Co u n t y . The defendant, Randy E. Cochran, operated that the project had been permanently abandoned. his tractor trailer rig, which contained a load of coal, Plaintiff contended that plaintiff was entitled to com- south on Route 119. The complaint alleged that pensation for services ren d e r ed prior to termination. Cochran lost control of his coal truck and impacted Plaintiff asserted claims for breach of contract and the pickup truck operated by plaintiff’s decedent, Irvi n under the Contractor and Subcontractor Payment Act Wal k e r , ultimately resulting in Wal k e r ’s death. Wal k e r ’s for payments wron g fully withheld by defendant. estate sought survi v al and wron g ful death damages In new matter, defendant maintained that the fr om Cochran, alleging Cochran’s negligence, inter pa r ties never reached an agreement with respect to alia, in operating his coal truck at an exce s s i v e speed ar chitect fees. Defendant also asserted that plaintiff and failing to stop in sufficient time to avoid colliding ag r eed to provide architectural services for the proj e c t with Wal k e r ’s veh i c l e . on a contingent fee basis. In his counterclaim, Cochran contended that Pla i n t i f f ’s Counsel: Rob e r t J. Ray, Kelly B. Bak a y z a , Walker pulled in front of him from the side of the Burns, White & Hickton, Pgh. road and stopped in the left southbound lane, in an Def e n d a n t ’s Counsel: Rob e r t J. Crom e r , Tra f f o r d ap p a r ent attempt to make a left turn onto the north - Trial Jud g e : The Hon. Daniel J. Ack e r m a n bound lanes of Route 119. Cochran maintained that Res u l t : Molded ver dict for Plaintiff in the amount of Wal k e r ’s negligence caused the fatal collision, and $6 4 4 , 0 4 5 . 5 4 . claimed sever e psychological and physical injuries which ren d e r ed him disabled and unable to work. Co c h r a n ’s wife asserted loss of consorti u m . Pla i n t i f f ’s Counsel: Daniel Joseph, George & Jos e p h , New Ken s i n g t o n Counsel for Defendant Randy Cochran: Ar thur J. Mur p h y , Jr., Murphy Tay l o r , P.C., Pgh. Counsel for Cochran, Counterclaim Plaintiff: Howa r d Schulberg, Weisman Goldman Bowen & Gross, Pgh. Counsel for Wal k e r ’s Estate, Counterclaim Def e n d a n t : Timothy J. Bur dette, Anstandig, McD ye r , Bur dette & Yur con, P.C., Pgh. Trial Judge: The Hon. Daniel J. Ack e r m a n Res u l t : As a result of the jury’s special findings, a molded ver dict was entered in favor of Def e n d a n t Randy E. Cochran on the plaintiff’s survi v al and WESTMORELAND COUNTY JURY TRIAL VERDICTS ¥ 2001 PAGE 4

PAUL KOR N , JR . , AN INDIVIDUAL , PATRICIA M. HE AT E R AND SANDRA L. KOR N , HIS WIFE V. V. WILLIAM A. CA R L S O N ELEANOR SILVI S , EXECUTRIX OF THE ESTATE NO . 327 OF 1999 OF ELEANOR F. O’ B R YAN , DE C E A S E D Cause of Action: Negligence— Motor Vehicle Acc i d e n t NO . 1864 OF 1999 This motor vehicle accident occurred on July 25, Cause of Action: Negligence — 1997, when plaintiff was stopped at a traffic signal on Motor Vehicle Accident— Loss of Consorti u m East Pittsburgh Str eet in the City of Gree n s b u r g . On the afternoon of November 22, 1997, plaintiff Def e n d a n t ’s vehicle struck plaintiff’s vehicle in the rea r , was operating his vehicle in a northerly direction on causing plaintiff’s vehicle to impact the vehicle stopped Nor th Greengate Road in Hempfield Town s h i p . Th e in front of her. Injuries included sever e aggravation of complaint alleges that plaintiff was at a complete stop an asymptomatic arthritic condition, causing it to with his left turn signal activated as he attempted to become symptomatic and requiring total hip rep l a c e - make a left-hand turn onto a private road. Def e n d a n t ’s ment; injuries to the spine resulting in cervi c a l g i a , vehicle struck plaintiff’s vehicle from behind, causing in t e r costal neuralgia, lumbalgia and sciatic neuralgia; pl a i n t i f f ’s injuries, which included herniated discs, and low back, right hip and leg, and neck pain. hyper-extension injuries of the cervical spine and right In new matter, the defendant asserted that el b o w, and chronic cephalgia. Wife-plaintiff claimed plaintiff exhausted first-party benefits; plaintiff has not loss of consorti u m . sustained a “serious injury” as defined in the MVFRL; The defendant denied plaintiffs’ allegations of and plaintiff’s election of a limited tort option negligence. In new matter, defendant asserted pr ecludes an action for non-economic loss. that plaintiffs’ claims wer e limited, barred and/or Pla i n t i f f ’s Counsel: Bryan J. Smith, Brown & Levi- restricted by the Pen n s y l v ania Motor Vehicle Financial co f f , P.C., Pgh. Responsibility Law (MVFRL), including the limited Def e n d a n t ’s Counsel: Thomas W. Smith, Mears and to r t provisions. Defendant also raised the Dea d m a n ’s Smith, P.C., Gbg. Act . Trial Jud g e : The Hon. Charles H. Loughran, Pla i n t i f f s ’ Counsel: David J. Millstein, Jacquelyn A. President Jud g e Kn u p p , Millstein & Knupp, You n g w o o d Result: Ver dict for Plaintiff in the amount of Def e n d a n t ’s Counsel: Kim Ross Hou s e r , Mears and $1 0 , 0 0 0 . Smith, P.C., Gbg. Trial Judge: The Hon. Charles H. Loughran, President Jud g e Res u l t : Ver dict for Plaintiff in the amount of $5,000. No award for wife-plaintiff. WESTMORELAND COUNTY JURY TRIAL VERDICTS ¥ 2001 PAGE 5

RONALD LEE MURPHY AND JAN ROB I S O N LYNN KRISTA MURPHY, HIS WI F E V. V. LL O YD KEITH RICHLESS, M. D . EUGENE CAVAL I E R E NO . 6254 OF 1999 NO . 439 OF 1998 Cause of Action: Negligence — Medical Mal p ra c t i c e Cause of Action: Neg l i g e n c e — M otor Vehicle Acc i d e n t — On Jan u a r y 6, 1998, plaintiff underwent his second Loss of Consorti u m — Ar b i t r ation App e a l medical examination by the defendant, who practices On November 6, 1996, the plaintiff was traveling in occupational medicine, at the request of his employer ’s the right westbound land of U.S. Route 30, near wo rk e r ’s compensation insurance carrier in connection Wes t m o r eland Mall, when defendant’s vehicle struc k with a 1994 work injury to his left shoulder. On the rear of plaintiff’s vehicle. Plaintiff aver r ed, inter Jan u a r y 2, 1998, plaintiff’s chiropractor sent defendant alia, that defendant failed to properly signal the a letter wherein he requested that plaintiff’s neck changing of lanes and failed to keep a proper look examination be limited to active range of motion, and out for vehicles ahead of him and in adjacent lanes of that distraction and compression of the neck be gentle traffic. Pla i n t i f f ’s injuries included cervical and lumbar or eliminated altogether. Prior to the exam, plaintiff spine strains, headaches, and injuries to the elbow and ga v e defendant a note from plaintiff’s orthopedic neck. Wife-plaintiff claimed loss of consorti u m . surgeon, dated December 31, 1997, which stated The defendant, in new matter, maintained that that plaintiff was allowed no overhead movement plaintiff did not sustain a “serious injury” as defined in of the shoulder. Plaintiff alleged that, during the the MVFRL. In his reply to new matter, plaintiff examination, defendant grabbed plaintiff’s arm and ave r r ed that the full tort option was selected; thus, je r ked it overhead, causing popping, snapping, and plaintiff need not prove “serious injury.” immediate and sever e pain and swelling in the area Pla i n t i f f s ’ Counsel: Louis J. Kob e r , II, Gbg. of his previous surgery. Plaintiff claimed that Def e n d a n t ’s Counsel: Scott O. Mears, Jr., Mears and defendant caused further injury to his shoulder, Smith, P.C., Gbg. which necessitated further surgery. Trial Jud g e : The Hon. Charles H. Loughran, In his answer , defendant maintained that the range President Jud g e of motion testing in his exam was fully approp r i a t e , Result: Ver dict for Defendant. Jur y attributed 49% in vo l v ed no grabbing or jerking of plaintiff’s arm and negligence to defendant and 51% to plaintiff. caused no injury to plaintiff. In new matter, defendant as s e r ted that defendant cannot be liable to plaintiff because there was no physician-patient rel a t i o n s h i p associated with the independent medical examination. Defendant also raised the statute of limitations. Pla i n t i f f ’s Counsel: Joseph P. Moschetta, Joseph P. Moschetta Associates; C. Jer ome Moschetta, Washington, Pa. Def e n d a n t ’s Counsel: Charles P. Falk, Solomon & Associates, Pgh. Trial Judge: The Hon. Gar y P. Carus o Res u l t : Molded ver dict for Def e n d a n t . WESTMORELAND COUNTY JURY TRIAL VERDICTS ¥ 2001 PAGE 6

STEELE CONSTRUC T I O N , IN C . JOHN C. LA UFFER AND V. WAN D A J. LAU F F E R , HIS WI F E JOSEPH L. DUNN AND KAREN P. DU N N , V. HIS WI F E , DE F E N D ANTS V. DR A VIS LUMBER SH E E T Z , IN C . , A PENNSYLVANIA CORPORATI O N CO M PA N Y , ADDITIONAL DEFENDAN T NO . 2200 OF 1999 NO . 2003 OF 1998 Cause of Action: Negligence — Loss of Consorti u m Cause of Action: Acc o r d and Satisfaction — On June 9, 1998, the plaintiff went to the defendant’s Breach of Contrac t New Kensington retail gas outlet and conven i e n c e On Mar ch 27, 1997, plaintiff entered into a written st o r e to purchase cigarettes. As he was exiting the contract with the defendants for the construction of a pr emises, plaintiff ran into and collided with a house on defendants’ prop e rt y . After performing the pipe batten located directly outside of the door to wo r k, plaintiff sought payment of the unpaid balance de f e n d a n t ’s store. Plaintiff aver r ed that defendant had due under the contract, together with rea s o n a b l e kn o wledge of this dangerous and defective condition charges for certain modifications/extras that wer e and allowed it to remain on the premises. As a result requested by defendants. of the incident, plaintiff sustained injuries to his In their answer , defendants contended that many of sc r otum and testicles. His wife asserted a claim for the extras wer e for work contracted for under the origi- loss of consorti u m . nal agreement. As an affirmative defense, defendants The defendant denied that plaintiff’s alleged injuries as s e r ted that they tendered the balance due under the wer e caused by any conduct of the defendant. In new contract and for those extras agreed to less the amount ma t t e r , defendant asserted that plaintiff’s presence on they had expended for materials and items. de f e n d a n t ’s premises on many prior occasions should Defendants brought a counterclaim, which sought ha v e made him aware of the existence and location payment of expenses incurred by defendants in of the pipe batten. In the alternative, defendant pu r chasing materials for their home when those maintained that any condition complained of by materials wer e to be provided by plaintiff pursuant to plaintiff was both open and obvi o u s . the contract. Defendants also maintained that plaintiff Pla i n t i f f s ’ Counsel: Mar k E. Mil s o p , John E. Qui n n , failed to complete certain enumerated items in a Evans, Port n o y & Quinn, Pgh. pr oper workmanlike manner and sought payment Def e n d a n t ’s Counsel: Alexander P. Bicket, Zim m e r for the repair of those items. In its answer to the Kunz Professional Corporation, Pgh. co u n t e r claim, plaintiff denied that any items purch a s e d Trial Judge: The Hon. Daniel J. Ack e r m a n by defendants wer e for items specified under the Res u l t : Molded ver dict for Def e n d a n t . contract, and denied that the work was not done in a pr oper workmanlike manner. Plaintiff brought a claim against the additional defendant lumber company, which supplied materials to plaintiff, for contribution and indemnity. Pla i n t i f f ’s Counsel: Rob e r t W. King, King & Gui d d y , Gbg. Def e n d a n t ’s Counsel: Dwayne E. Ross, Latrob e Additional Def e n d a n t ’s Counsel: John J. Kuz m i a k , Joh n s t ow n Trial Jud g e : The Hon. Gar y P. Carus o Res u l t : Molded ver dict (1) for Plaintiff Steele Co n s t r uction, Inc., in the amount of $14,264.37; (2) for Counterclaim Pla i n t i f f s / D efendants Joseph L. Dunn and Karen P. Dunn for $6,272.50; and (3) for Additional Defendant Dravis Lumber Company. WESTMORELAND COUNTY JURY TRIAL VERDICTS ¥ 2001 PAGE 7

VELMA GRIGGS EXPLORER SCOUTING POST 155 V. A/K/A THE GOLDEN LANCERS DRUM SIMONE JACK S O N , LEONARD J. MCCONNELL AND BUGLE CORP., KENNETH B. BEHREND AND HARDHAT TR UCKING COMPAN Y AND PAMELA BEHREND, HIS WIFE NO . 2780 OF 1997 V. Cause of Action: Neg l i g e n c e — M otor Vehicle Acc i d e n t DAVID LONG, DE F E N DA N T V. On May 24, 1995, plaintiff was a passenger in a JANE M. KE N N E L L Y, ADDITIONAL DEFENDAN T vehicle operated by co-defendant Simone Jackson that NO . 514 OF 1998 was traveling east on Route 30 in Ligonier Town s h i p . Co-defendant Leonard McConnell was also operating Cause of Action: Neg l i g e n c e — a vehicle in an easterly direction on Route 30. Th e Motor Vehicle Accident—Loss of Consorti u m complaint alleges that the two vehicles collided when The plaintiff is a musical Exploring Post with the Boy Jackson attempted to change lanes and/or make a left Scouts of America and performs at shows, parades and turn while McConnell attempted to pass her on the ev ents. The plaintiffs, Kenneth R. Beh r end and Pam e l a left. Pla i n t i f f ’s injuries included a head injury, Beh r end, and the additional defendant, Jane M. hematoma to her left leg and injury to her leg and Ken n e l l y , are adult leaders of the Post. On July 29, ba c k . 1995, Kenneth Beh r end, Pamela Beh r end and Co-defendant McConnell, an independent Jane Kennelly wer e operating three vehicles on the contractor for Har dhat Trucking, submitted that Pen n s y l v ania Turnpike during heavy traffic in a he was operating his vehicle in the left/passing lane co n s t r uction zone. The defendant, David Long, when Jackson turned left into his vehicle. McC o n n e l l was traveling behind their vehicles. A chain rea c t i o n as s e r ted comparative/ c o n t r i b u t o r y negligence, the collision ensued when traffic came to a sudden stop as sudden emergency doctrine and the Pen n s y l va n i a a result of a disabled vehicle ahead. Kenneth Beh re n d Motor Vehicle Financial Responsibility Law (MVFRL). claimed soft tissue injuries and a closed head injury. Co-defendant Jackson asserted contributory/ Pamela Beh r end claimed soft tissue injuries and loss of co m p a r a t i v e negligence, plaintiff’s pre- e x i s t i n g co n s o r tium. The Post claimed injuries to its rep u t a t i o n injuries/damages and plaintiff’s election of the and prop e r ty damage. limited tort. Both McConnell and Jackson brou g h t The defendant contended that the plaintiffs and claims for contribution and/or indemnity against the additional defendant wer e responsible for the each other. collision. In new matter, defendant raised the rel e va n t Pla i n t i f f ’s Counsel: Susan E. Mahood, Pgh. pr ovisions of the MVFRL, including plaintiffs’ failure Counsel for Defendant Simone Jac k s o n : J. Eri c to allege “serious injury,” comparative/ c o n t r i b u t o r y Bar chiesi, Baginski and Bashline, Pgh. negligence, the assured clear distance rule and the Counsel for Defendants Leonard J. McConnell and sudden emergency doctrine. The additional defendant Har dhat Trucking Co.: John G. Wall, Burns, White & maintained that the plaintiffs and the original defen- Hickton, Pgh. dant caused the accident. In amended new matter, the Trial Judge: The Hon. Daniel J. Ack e r m a n additional defendant aver r ed that each of the plaintiffs Result: Molded ver dict for plaintiff against ex ecuted a release in her favor . defendant Simone Jackson in the amount of $15,000. Pla i n t i f f s ’ Counsel: G. Clinton Kel l e y , Pgh. Def e n d a n t ’s Counsel: Thomas A. McD onnell, Summers, McD onnell, Walsh & Skeel, Pgh. Additional Def e n d a n t ’s Counsel: John R. Bryan, Zimmer Kunz PLLC, Pgh. Trial Jud g e : The Hon. Daniel J. Ack e r m a n Res u l t : Molded ver dict (1) in favor of original defendant, David Long, and (2) in favor of plaintiff, Exp l o r er Scouting Post 155, and against additional defendant, Jane M. Ken n e l l y , in the amount of $4 , 0 0 0 . WESTMORELAND COUNTY JURY TRIAL VERDICTS ¥ 2001 PAGE 8

MIGUEL SALOMON CHARLES ANGELO VALENTI V. V. DAR R YL CORNMAN AND COLLEEN R. CO R N - ROB E R T DENNISON T/D/B/A BUMMY’S MA N CA M P G RO U N D , AND ABATE OF PENNSYLVAN I A NO . 1820 OF 1995 NO . 2257 OF 1997 Cause of Action: Neg l i g e n c e — M otor Vehicle Acc i d e n t Cause of Action: Neg l i g e n c e — S lip and Fal l This motor vehicle accident occurred on Mar ch 15, On July 15, 1995, plaintiff participated in a poker run 1993, as both vehicles wer e traveling west on Route 22 sp o n s o r ed by defendant ABATE of Pen n s y l v ania. Th e in New Alexandria. The complaint alleges that mo t o rc y cle event concluded with a picnic and band at defendant Dar r yl Cornman, operating a vehicle own e d defendant Rob e r t Den n i s o n ’s campground, which was by defendant Colleen R. Cornman, struck plaintiff’s leased by ABATE. After a rain storm, plaintiff stepped vehicle in the rear when plaintiff stopped his veh i c l e into the picnic pavilion where he slipped on smooth for a traffic signal. Plaintiff alleged soft tissue injuries co n c r ete. Plaintiff alleged that defendants wer e and aggravation of a pre-existing low back condition. negligent, inter alia, in permitting a dangerous amount The defendants argued that plaintiff was invol v ed in of water to accumulate on the pavilion floor, in failing two prior motor vehicle accidents. The question for to install adequate drainage in the pavilion, and in the jury was whether the injuries claimed by the failing to inspect and rem o ve the dangerous condition plaintiff wer e caused by the third collision. fo l l o wing the storm. Injuries included a fractured Pla i n t i f f ’s Counsel: Dante G. Ber tani, Gbg. fibula with swelling, as well as the insertion and Def e n d a n t s ’ Counsel: Kim Ross Hou s e r , Mears and rem o val of pins and plates. Smith, P.C., Gbg. Both defendants denied that the area was under Trial Jud g e : The Hon. Charles H. Loughran, Pres i - their care, custody and control when plaintiff fell. dent Jud g e Defendants asserted comparative negligence, Res u l t : Ver dict for the defendant. assumption of the risk, the choice of ways doctrine and that the condition was open and obvi o u s . Pla i n t i f f ’s Counsel: Timothy E. Cassidy, Pgh. Counsel for Defendant Rob e r t Den n i s o n : Mat t h e w L. Rovacik, Witheral, Kovacik & Marc h e wka, Pgh. Counsel for Defendant ABATE : Stephen J. Pol j a k , Marshall, Den n e h e y , War n e r , Coleman & Gog g i n , Pg h . Trial Jud g e : The Hon. Gar y P. Carus o Result: Molded ver dict for defendants. WESTMORELAND COUNTY JURY TRIAL VERDICTS ¥ 2001 PAGE 9

MA R THA FOSTER, AN INCAPACI T ATED PERSON, HELEN STACK BY JAMES FOSTER, GU ARDIAN V. V. PR OFESSIONAL INVENTOR Y MERCHANDISING RICHARDO MIGLIORI MA N A GEMENT SERVI C E S , A/K/A P.I . M . M . S . NO . 2234 OF 1999 NO . 802 OF 1999 Cause of Action: Neg l i g e n c e — Cause of Action: Neg l i g e n c e — S lip and Fal l — Binding Sum m a r y Jur y Tri a l Binding Sum m a r y Jur y Tri a l The defendant was the passenger and owner of the On Feb ru a r y 17, 1997, plaintiff was shopping in a vehicle driven by the plaintiff when it collided with a Wal - Ma r t store in Belle Vernon. While walking second vehicle on May 15, 1998. In August of 1997, th r ough the stationery department, plaintiff’s the plaintiff had been instructed by her doctor not to foot became caught in a display allegedly owned, dr i v e a motor vehicle. Th r ough her guardian, plaintiff co n s t r ucted and erected by the defendant. Plaintiff fell br ought this action against defendant for permitting or on her back and was struck by an improperly secured encouraging plaintiff to drive his vehicle when he su p p o r t pole on the display. Injuries included a kn e w or should have known that plaintiff was fr a c t u r ed left hip and injuries to her left knee and restricted from driving a motor vehicle. Pla i n t i f f ’s ba c k . injuries included a fractured left cheek bone and In its answer and new matter, defendant denied ja w , damage to teeth, and fractures to her ribs and leg. ownership of the display base and that it owed or The defendant denied plaintiff’s allegations of br eached a duty of care to plaintiff. Defendant asserte d negligence and asserted the affirmative defenses of co n t r i b u t o r y/ comparative negligence, assumption of co n t r i b u t o ry / c o m p a r a t i v e negligence, assumption of the risk and that, as a contractor hired by Wal - Ma r t, it the risk, the MVFRL and Act 6. fo l l o wed the directions and instructions of Wal - Ma r t Pla i n t i f f ’s Counsel: Jay H. Feldstein, James C. with reg a r d to the construction, location and erection Heneghan, Feldstein Grinberg Stein & McK ee, Pgh. of the display. Def e n d a n t ’s Counsel: Kim Ross Hou s e r , Mears and Pla i n t i f f ’s Counsel: An d r ew J. Leger, Jr., Shi l o b o d Smith, P.C., Gbg. Leger & Ball, P.C., Pgh. Trial Judge: The Hon. Daniel J. Ack e r m a n Def e n d a n t ’s Counsel: Ch e r yl L. Esposito, Gigler & Result: Fol l o wing a ver dict for plaintiff, the parti e s Joyal, Pgh. settled the action for a predetermined amount. Trial Jud g e : The Hon. Daniel J. Ack e r m a n Result: The jury having determined that defendant was negligent and that plaintiff was fr ee of contributory negligence, the parties settled the action for a predetermined amount. WESTMORELAND COUNTY JURY TRIAL VERDICTS ¥ 2001 PAGE 10

VIVIAN L. RUF F N E R MARJORIE KAYE LUCAS V. V. M. J. T . EN T E R P R I S E S , IN C . , T/D/B/A BEER ARENA SC O TT HUBER AND NO . 7060 OF 1997 NANCY HUBER, HIS WI F E Cause of Action: Neg l i g e n c e — P remises Lia b i l i t y NO . 5257 OF 1998 On April 26, 1996, plaintiff was at the Beer Aren a Cause of Action: Neg l i g e n c e — P remises Lia b i l i t y st o r e located at the WOW Plaza in Hempfield On September 14, 1996, plaintiff was a guest of Town s h i p , Wes t m o r eland County. After purchasing a defendants in their home. As she was leaving, plaintiff bag of ice, plaintiff was exiting the Beer Arena when slipped on the edge of the defendants’ newly asphalted she stepped in a large crevice of broken cement near dr i v ewa y . Plaintiff asserted negligence with respect to the base of the exterior steps leading to the store. the steep slope of the edge of the drivewa y , the slippery Pla i n t i f f ’s injuries included an avulsion type fracture na t u r e of the surface material on the driveway and of her left ankle. the defendants’ failure to warn of these conditions. Defendant asserted plaintiff’s comparative Plaintiff fractured the tibia and fibula of her left leg, negligence and assumption of the risk, alleging that which req u i r ed two surgeries. the broken cement was a known or obvious danger. The defendants maintained that plaintiff’s own Counsel for Plaintiff: Denis P. Zuzik, Gbg. co n t r i b u t o r y negligence and vol u n t a r y assumption of Counsel for Def e n d a n t : John K. Bryan, Zim m e r the risk barred rec o ver y, and denied that the alleged Kunz PLLC, Pgh. im p r oper acts or failures of the defendants wer e the Trial Jud g e : The Hon. Charles H. Loughran, pr oximate cause of plaintiff’s alleged injuries and President Jud g e da m a g e s . Result: Molded ver dict for plaintiff in the amount of Counsel for Plaintiff: Ste v en W. Alm, Gbg. $27,500. Pla i n t i f f ’s contributory negligence was 45%. Counsel for Defendants: David Chmiel, Solomon & Associates, Pgh. Trial Judge: The Hon. Daniel J. Ack e r m a n Result: Molded ver dict for defendants. WESTMORELAND COUNTY JURY TRIAL VERDICTS ¥ 2001 PAGE 11

SUSAN K. OLSON (CHICKA) PAULA M. LOUGHNER AND V. JEFFREY LOUGHNER AMY MULL V. NO . 843 OF 2000 THOMAS LAERO Cause of Action: Neg l i g e n c e — NO . 2513 OF 1999 Motor Vehicle Acc i d e n t — Ar b i t r ation App e a l Cause of Action: Neg l i g e n c e — M otor Vehicle Acc i d e n t — The plaintiff brought this negligence action as a res u l t Loss of Consorti u m — Ar b i t r ation App e a l of a motor vehicle accident that occurred on Marc h This motor vehicle accident occurred on April 1, 15, 1999, in Greensburg. Plaintiff alleged she was 1998, in the left lane of Interstate 376, near the stopped for a red light on East Pittsburgh Str eet, Edg e wood Extension ramp. near its intersection with Tremont Avenue, when the The plaintiff, Paula Loughner, slowed her vehicle in defendant failed to stop her vehicle, striking plaintiff’s rush hour traffic and was struck from behind by the vehicle in the rea r . Injuries included ligament damage de f e n d a n t ’s vehicle, causing a five car chain reaction and neck and upper back injury, causing sever e muscle collision. Plaintiff suffered soft tissue injuries. Her spasms, headaches and joint dysfunction. husband claimed loss of consorti u m . The defendant denied that she operated her veh i c l e The defendant raised the affirmative defenses of in a negligent manner and asserted the affirmative co n t r i b u t o ry / c o m p a r a t i v e negligence and assumption defenses of plaintiff’s comparative negligence and the of the risk, including the sudden emergency doctrine, limited tort provisions of the Pen n s y l v ania Mot o r and the MVFRL and its limited tort provisions. In Vehicle Financial Responsibility Law (MVFRL). reply to defendant’s new matter, plaintiff asserted that Counsel for Pla i n t i f f : Michael C. Maselli, Law Off i c e full tort insurance coverage was selected. of Marianne C. Mnich, Pgh. Counsel for Plaintiffs: David A. Colecchia, Law Counsel for Def e n d a n t : Denis P. Zuzik, Gbg. Ca r e, Gbg. Trial Jud g e : The Hon. Daniel J. Ack e r m a n Counsel for Defendant: Christopher Fleming, Jac o b s Result: Ver dict for plaintiff in the amount of $500. & Saba, Gbg. Trial Judge: The Hon. Gar y P. Carus o Res u l t : Molded ver dict for plaintiff in the amount of $2,000. No award for husband-plaintiff. WESTMORELAND COUNTY JURY TRIAL VERDICTS ¥ 2001 PAGE 12

HE N R Y SOBEK CARL MAGN E T T A T/D/B/A TARENTUM V. HA R D WARE AND HYDRAULIC REPAI R S DUSTIN TOMAN V. NO . 668 OF 1998 KEY BELLEVILLES, IN C . Cause of Action: Assault and Bat t e ry — I ntentional NO . 1619 OF 1998 Infliction of Emotional Distres s — Ar b i t r ation App e a l Cause of Action: Breach of Contrac t Plaintiff alleged that the defendant assaulted and This action was for breach of the parti e s ’ oral contract ba t t e r ed him in the alley behind plaintiff’s home. reg a r ding the sale of a hydraulic press. Pla i n t i f f Injuries included contusions and lacerations on his requested the balance due in the amount of $7,058.06, face, right arm and abdominal region, as well as sever e plus interest and finance charges. facial and body scarring. Plaintiff also claimed that The defendant contended that the agreed upon de f e n d a n t ’s conduct caused him sever e emotional price was $1,900. Defendant maintained that the di s t r ess which resulted in increased hyperte n s i o n , prices charged by plaintiff wer e not reasonable and did inability to sleep and general nervous conditions. not reflect market prices. Defendant asserted improp e r In new matter, defendant maintained that plaintiff wo r kmanship and installation. Furt h e r m o r e, defendant pr ovoked the altercation, and that any force defendant contended that it never agreed to pay interest or used was justifiable because it was immediately finance charges. ne c e s s a r y to protect himself against plaintiff’s use of Pla i n t i f f ’s Counsel: Nicholas D. Krawec, Ber n s t e i n unlawful force. Law Firm, P.C., Pgh. Defendant brought a counterclaim reg a r ding alleged Def e n d a n t ’s Counsel: John M. O’Connell, Jr., ev ents which resulted in plaintiff’s termination of O’Connell & Silvis, Gbg. de f e n d a n t ’s employment. Defendant contended that he Trial Judge: The Hon. Daniel J. Ack e r m a n was assaulted and battered by plaintiff, who punched Result: Ver dict for plaintiff in the amount of him in the nose while intervening in an argument $7 , 0 5 8 . 0 6 . be t w een defendant and plaintiff’s nephew while on the job site. Defendant suffered a bloody nose, as well as various bruises, contusions and lacerations. Pla i n t i f f ’s Counsel: Jack L. Bergstein, Bergstein & Gal p e r , P.C., Mon e s s e n . Def e n d a n t ’s Counsel: Jason M. Walsh, Bigi Duro n i o & Walsh, Charleroi . Trial Judge: The Hon. Daniel J. Ack e r m a n Result: Ver dict for defendant on original claim; ver dict for plaintiff/counterclaim defendant on countercl a i m . WESTMORELAND COUNTY JURY TRIAL VERDICTS ¥ 2001 PAGE 13

RA Y E. BUNGARD AND MICHELE L. LEIGHTY ARLENE BUN G A R D , HIS WI F E V. V. VIRGINIA ROWE AND PITT OHIO EXPRESS, IN C . MARK S. WILLIAMS NO . 1314 OF 1998 NO . 5111 OF 1996 Cause of Action: Neg l i g e n c e — Cause of Action: Professional Neg l i g e n c e — M edical Motor Vehicle Acc i d e n t — Ar b i t r ation App e a l Mal p r actice—Loss of Consorti u m On July 3, 1996, plaintiff was invol v ed in a motor On July 20, 1994, plaintiff presented himself to vehicle accident with defendant, Virginia Rowe, in the emergency department of Frick Hospital and New Stanton. Plaintiff approached the Mellon Ban k Community Health Center with complaints of pa r king lot while traveling east on State Route 3093. weakness, pain, numbness and limited range of motion A tractor trailer owner and operated by an employee of in his right upper extrem i t y , right shoulder and neck. defendant, Pitt Ohio Exp r ess, was parked on the right Plaintiff alleged that defendant treating physician failed side of the road, and allegedly obstructed the view to promptly and properly diagnose and treat the plain- for anyone attempting to make a left turn from the tiff for a posterior dislocation of his right shoulder and Mellon Bank parking lot. Defendant Rowe attempted a Hil l - S achs lesion of the humeral head of his right to enter the roadway from the bank parking lot and upper extrem i t y . Plaintiff claimed that the alleged collided with plaintiff’s vehicle. Plaintiff claimed sever e negligence of the defendant caused him to suffer migraines, depression, and injuries to her head, neck, fu r ther injury to his right shoulder and right upper shoulder and back. ex t re m i t y . His wife claimed loss of consorti u m . Defendants denied negligence and asserted The defendant denied that plaintiff’s complaints pl a i n t i f f ’s comparative/ contributory negligence, the wer e consistent with the presence of a posterior Pen n s y l v ania Motor Vehicle Financial Res p o n s i b i l i t y dislocation of his right shoulder and a Hil l - S achs lesion Act, as amended, and plaintiff’s preexisting injuries. of the humeral head of the right upper extrem i t y . Defendants submitted cross-claims for contribution Defendant denied negligence and maintained that his and/or indemnification. In amended new matter, conduct did not cause, contribute to or increase the defendant Rowe aver r ed that a joint tortf e a s o r ’s rel e a s e likelihood of plaintiff’s alleged injuries. was given to her by the plaintiff. Pla i n t i f f ’s Counsel: Jason E. Matzus, Evans, Port n o y Pla i n t i f f ’s Counsel: Rob e r t W. King, King & & Quinn, Pgh. Gui d d y , Gbg. Def e n d a n t ’s Counsel: Ber n a r d R. Rizza, Gaca Mat i s Counsel for Defendant Virginia Rowe: Kim Ros s & Baum, Pgh. Hou s e r , Mears Smith Houser & Boyle, P.C., Gbg. Trial Judge: The Hon. Daniel J. Ack e r m a n Counsel for Defendant Pit t - O hio Exp r ess: John T. Result: Ver dict for defendant. Pion, Dickie, McCamey & Chilcote, P.C., Pgh. Trial Judge: The Hon. Gar y P. Carus o Result: Molded ver dict for defendants. Jur y found that plaintiff was 60% contributorily negligent. WESTMORELAND COUNTY JURY TRIAL VERDICTS ¥ 2001 PAGE 14

NE L D A DAVID AND WILLIAM DAVI D REBECCA RENSHAW AND BENNY JOHNSON V. V. MARIA A. BR UNO EUGENE P. BE H A GE AND NO . 9712 OF 1995 LI N D A LEE BEHAGE , HIS WI F E Cause of Action: Professional Neg l i g e n c e — NO . 5739 OF 1998 Medical Mal p r actice—Loss of Consorti u m Cause of Action: Frau d u l e n t / N egligent Mis re p re s e n t a t i o n On December 16, 1993, the defendant performed a Pla i n t i f f - b u y ers brought this action to rec o ver damages vaginal hysterectomy on the wife-plaintiff. In this in c u r r ed as a result of their reliance on misrep re s e n t a - medical malpractice action, plaintiff alleged that tions of defendant-sellers during their purchase of rea l defendant performed an unnecessary surgery, caused estate in 1997. The complaint alleged that buyer s ur ethral and bladder injuries during surgery and en c o u n t e r ed problems of an insufficient water supply failed to properly diagnose and treat post-operative in that water had to be hauled to the prop e r ty once a complications of leakage of urine and infection, which month, an inoperational swimming pool and the infes- req u i r ed additional hospital treatment and resulted tation of carpenter ants. in a cystoscopy. Pla i n t i f f ’s husband claimed loss of Sellers asserted compliance with their duties and co n s o rt i u m . obligations invol v ed in the transaction. They main- Defendant asserted that there was a complete tained that any damages wer e caused by the buyer s ’ medical necessity for the hysterectomy and that she personal home inspectors. To the extent insufficient pr ovided proper and reasonable surgical care. Def e n - co verage existed under homeowners warranty, sellers dant denied that the ureter was cut during the surgery, as s e r ted accord and satisfaction and the failure to and maintained that she provided proper and adequate mitigate damages. po s t - o p e r a t i v e instructions and care. As affirmative Pla i n t i f f s ’ Counsel: Kenneth P. McK a y , Pgh. defenses, defendant pled comparative/ c o n t r i b u t o r y Def e n d a n t s ’ Counsel: Gar y F. Sharlock, Mark s negligence and assumption of the risk. O’ N eill O’Brien & Courtn e y , Pgh. Pla i n t i f f s ’ Counsel: Kenneth W. Beh r end, Beh r end & Trial Judge: The Hon. Daniel J. Ack e r m a n Ern s b e r g e r , Pgh. Result: Molded ver dict for plaintiff in the amount of Def e n d a n t ’s Counsel: William D. Phillips, Phi l l i p s , $15,500. Jur y found negligent failure to disclose mate- Fal d o wski & McC l o s k e y , P.C . rial facts concerning the prop e rt y . Trial Judge: The Hon. Charles H. Loughran, President Jud g e Result: Ver dict for plaintiff in the amount of $35,000; ver dict for husband-plaintiff in the amount of $3,200. WESTMORELAND COUNTY JURY TRIAL VERDICTS ¥ 2001 PAGE 15

JAMES N. MA R TIN MARLENE A. HASLETT AND V. DANIEL A. HA S L E T T , HER HUSBAND JOSEPH H. QUI N N V. NO . 7551 OF 1997 ESTHER C. HILL AND JAMES A. STO N E Cause of Action: Civil Rights, 42 U.S.C. § 1983 NO . 8386 OF 1996 This civil rights action arose out of the improp e r Cause of Action: Neg l i g e n c e — M otor Vehicle Acc i d e n t — in c a r ceration of plaintiff for three days at the Negligent Ent r ustment—Loss of Consorti u m Wes t m o r eland County Prison. Plaintiff alleged that the Plaintiffs brought this action against defendants as a defendant, a deputy sheriff for the county, altered a result of a motor vehicle collision that occurred on co u r t order to make it appear that a bench warrant had Jan u a r y 6, 1995, at the intersection of State Route 56 been issued for the plaintiff. As a result of this viola- Bypass and Powers Dri v e. Wife-plaintiff was a guest tion of his constitutional rights, plaintiff also claimed passenger in a vehicle operated by her husband. mental anguish, injury to his reputation and the While plaintiffs wer e traveling north on the bypass, inability to attend to his business while incarce r a t e d . the vehicle operated by defendant Stone entered the Pla i n t i f f ’s Counsel: Kenneth B. Burk l e y , Gbg. intersection against a red light and collided with the Def e n d a n t ’s Counsel: Irving M. Green, New passenger side of plaintiffs’ vehicle. Plaintiffs alleged Ken s i n g t o n the negligence of defendant Stone in failing to have the Trial Jud g e : The Hon. Daniel J. Ack e r m a n vehicle under proper control due to weather and roa d Res u l t : Liability was not disputed. Jur y awarde d conditions and in driving under the influence of plaintiff $5,000 compensatory damages and $1,200 alcohol and without a license, and the negligence of pu n i t i v e damages. defendant Hill in entrusting her vehicle to Sto n e . Wif e - p l a i n t i f f ’s injuries included, inter alia, blood in the urine from internal injuries and cervical and left wrist sprain. Husband-plaintiff claimed loss of co n s o rt i u m . In new matter, defendants asserted the limitations pr ovided for in the Pen n s y l v ania Motor Vehicle Financial Responsibility Law (MVFRL). Def e n d a n t s also asserted the affirmative defense of a general rel e a s e ex ecuted by husband-plaintiff. Pla i n t i f f s ’ Counsel: John F. Hoo p e r , Pgh. Counsel for Defendant Hill: Jef f r ey C. Catanzarite, Summers, McD onnell, Walsh & Skeel, L.L.P., Pgh. Counsel for Defendant Stone: Thomas W. Smi t h , Mears and Smith, P.C., Gbg. Trial Jud g e : The Hon. Charles H. Loughran, President Jud g e Res u l t : Ver dict in favor of wife-plaintiff and against defendant Stone in the amount of $42,000. WESTMORELAND COUNTY JURY TRIAL VERDICTS ¥ 2001 PAGE 16

BERNARD BAH L E D A NANCY J. DODD AND V. ROB E R T DODD, HER HUSBAND LA R R Y MCCURDY V. NO . 1117 OF 2000 THERESA GROSSER Cause of Action: Neg l i g e n c e — P remises Lia b i l i t y NO . 2241 OF 1999 On June 20, 1999, plaintiff deliver ed a swimming pool Cause of Action: Neg l i g e n c e — M otor Vehicle Acc i d e n t — sliding board to the defendant’s residence. Plaintiff was Loss of Consorti u m — Ar b i t r ation App e a l helping the defendant carry it to the swimming pool On July 4, 1997, the wife-plaintiff was traveling east when he tripped over a green plastic sandbox in the on Frick Avenue in Mt. Pleasant when defendant’s ya r d. Plaintiff asserted that defendant was negligent in vehicle entered the road from an alleyway and collided failing to warn him of the presence of the sandbox. with the front end of plaintiff’s vehicle. Pla i n t i f f Plaintiff twisted his right knee and tore the anterior claimed soft tissue injuries that caused paralysis of her cr uciate ligament of the right knee, which req u i r ed left upper extremity and the inability to work for five surgical rep a i r . months following the accident. Hus b a n d - p l a i n t i f f The defendant denied negligence in failing to warn as s e r ted a claim for loss of consorti u m . plaintiff of a condition that was open and obvi o u s . Defendant denied negligence and asserted the Pla i n t i f f ’s Counsel: James J. Lestitian, Kim A. af f i r m a t i v e defenses of contributory/ c o m p a r a t i v e Bo d n a r , Pgh. negligence, assumption of the risk and the provisions Def e n d a n t ’s Counsel: Maria Spina Altobelli, Jacobs & of the MVFRL. Saba, Gbg. Pla i n t i f f s ’ Counsel: Rachel E. Mor occo, Moro c c o Trial Jud g e : The Hon. Charles H. Loughran, Mor occo & Specht, P.C., Tra f f o rd . President Jud g e Def e n d a n t ’s Counsel: Maria Spina Altobelli, Jacobs & Res u l t : Ver dict for defendant. Saba, Gbg. Trial Jud g e : The Hon. Gar y P. Carus o Res u l t : Molded ver dict for defendant. WESTMORELAND COUNTY JURY TRIAL VERDICTS ¥ 2001 PAGE 17

DEBRA J. TALLERICO AND SAMMIE JO TAL L E R I C O , A MINOR V. DOUGLAS E. WE L S H NO . 9961 OF 1995 Cause of Action: Neg l i g e n c e — M otor Vehicle Acc i d e n t — Binding Sum m a r y Jur y Tri a l Pla i n t i f f s ’ action arose from a motor vehicle accident that occurred on December 23, 1993, on State Rou t e 366 in Lower Bur r ell. Plaintiff was operating her vehicle, in which the minor-plaintiff was a passenger, when the defendant’s vehicle collided into the rear of pl a i n t i f f s ’ vehicle. The complaint alleged, inter alia, that defendant was negligent in operating his veh i c l e while in an impaired condition and in failing to ob s e r ve plaintiffs’ vehicle and stop his vehicle within the assured clear distance. Both plaintiffs alleged soft tissue injuries. The defendant denied operating his vehicle in a negligent manner and asserted the affirmative defenses of contributory/ c o m p a r a t i v e negligence and assumption of the risk, as well as those found in the MVFRL. Pla i n t i f f s ’ Counsel: John E. Quinn, Evans, Port n o y & Quinn, Pgh. Def e n d a n t ’s Counsel: Kim Ross Hou s e r , Mears and Smith, P.C., Gbg. Trial Judge: The Hon. Daniel J. Ack e r m a n Res u l t : Ver dict for plaintiff in the amount of $1,000. No award for minor-plaintiff.