Free Proposed Pretrial Order - District Court of Delaware - Delaware

Case 1:04-cv-01411-KAJ

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF DELAWARE JOYCE CORNETT v. NATHANIEL EDWARDS, JR. and FEDERAL EXPRESS CORP. : : : : : : : CASE NO. 04-1411

PROPOSED JOINT FINAL PRETRIAL ORDER Plaintiff's Counsel: Timothy M. Rafferty P.O. Box 627 Hockessin, DE 19707 Defendant's Counsel: Delia Clark No. 3337 300 Delaware Avenue, Suite 1015 Wilmington, DE 19801 I. Nature of the Case Dawn L. Jennings The Widener Building One South Penn Square Philadelphia, PA 19107 Thomas Sacchetta Sacchetta & Baldino 308 East 2nd Street Media, PA 19603

This case arises out of a motor vehicle accident on November 1, 2002. At about 5:48 a.m., Plaintiff, Joyce Cornett, was driving south on Dupont Highway North at or near its intersection with Franklin Avenue in New Castle, Delaware. At the same time, defendant Nathaniel Edwards, was driving a FedEx truck and stopped on the right shoulder of Dupont Highway North between Franklin Avenue and VanBuren Ave, in New Castle, Delaware. The accident occurred when Cornett struck the rear of the FedEx vehicle. Cornett claims personal injuries and damages as a result of the motor vehicle accident. Edwards and FedEx deny that they caused the accident and Cornett's claimed injuries and damages. II. A. B. Jurisdiction This is an action for: damages The jurisdiction of the Court is not disputed. 1. Jurisdiction is based on the diversity of the parties pursuant to 28 U.S.C. §1332

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III.

Uncontroverted Facts The following facts are not disputed or have been agreed to or stipulated to by the parties:

1. Joyce Cornett was driving a 1989 Buick Skylark on November 1, 2002 at approximately 5:48 a.m. on November 1, 2002 2. Nathaniel Edwards was the operator of a FedEx truck stopped on the shoulder of North Dupont Highway on November 1, 2002. 3. The accident occurred on Dupont Highway North (Route 13) in New Castle, Delaware 4. Nathaniel Edwards was employed by FedEx at the time of the motor vehicle accident. The parties further stipulate to the following: 1. Past lost wages of plaintiff shall be reduced by the $15,000 wage loss paid by PIP to plaintiff. 2. The plaintiff shall not introduce any evidence regarding the award and receipt of Social Security benefits. 3. IV. The parties agree to stipulate to the authenticity of the medical and employment records. Agreed to Issues of Law: The parties agree that the following are the issues to be decided by the Court: 1. 2. 3. 4. V. negligence Comparative and contributory negligence causation damages Witnesses (Please not those who will testify by deposition) A. List of witnesses the plaintiff expects to call, including experts: 1. a. b. c. d. e. f. g. Expert Witnesses Dr. Sung Ho Bae B possibly video Dr. David Massari David Bunin Royal Bunin Mark Lukas Dr. Randeep Kahlon B possibly video Dr. Joanne Viola B possibly video

Defendant objects to the expert testimony of Dr. Randeep Kahlon and Dr. Joanne Viola. Plaintiff provided no previous notice that these individuals were experts to testify at the time of trial. Furthermore, defendants have received no expert report or Rule 26 disclosures of these individuals.
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2. a. b. c. d. e. f. g. B.

Non-expert Witnesses Nathaniel Edwards Kathy Graham Joyce Cornett Louis Hendricks Howard Jaffe Officer R. Evans Ed Dever

List of witnesses defendant expects to call, including experts: 1. Expert witnesses a. 2. a. b. c. d. e. Stephen Fedder, M.D. ­neurosurgeon: possibly by video deposition

Non-expert witnesses Nathaniel Edwards Kathy Graham Joyce Cornett- as if on cross-examination Louis Hendricks Howard Jaffe

Custodian of records of: f. Christiana Health Care Services g. First State Orthopedics h. Dr. Joann Viola i. Dr. Dianne Westenberger j. Henrietta Johnson Medical k. Neurology Associates l. X-ray Associates m. Dynamic Physical Therapy n. Dr. Dinesh Kotak o. Delaware Neurological Associates p. Physiatrist Associates q. St. Francis Hospital r. Southbridge Advisory Council s. State of Delaware Dept. of Public Safety Division of Motor Vehicles t. State of Delaware, Dept. of Finance (tax records) u. Dr. Donald Archer v. Marvi Cleaners w. The Laundry Basket x. Christiana Care Imaging y. Internal Revenue Service Defendants reserve the right to call any and all witnesses identified in plaintiff's pre-trial
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memorandum. Defendants reserve the right to supplement this witness list. C. If there are any third parties to the action, they should include an identical list of witnesses as that contained in Parts A and B above. Not applicable. D. Rebuttal Witnesses: Each of the parties may call such rebuttal witnesses as may be necessary, without prior notice thereof to the other party. VI. Exhibits

As set for the in Local Rule 16.4(d)(6), "A list of pre-marked exhibit, including designations of interrogatories and answers thereto, request for admission's and responses, which each party intended to offer at the trial with a specification of those which will be admitted in evidence without objection, those that will be objected to and the Federal Rule of Evidence in support of said objection and the Federal Rule of Evidence relied upon by the proponent of the exhibit." A. Plaintiff's Exhibits See attached Exhibit List B. Defendants' Exhibits: See attached Exhibit List VII. Damages An itemized statement of all damages, including special damages: Plaintiff is making a claim for non-economic damages, including pain and suffering, both past, present and future, loss of life=s pleasures, past, present and future, life expectancy, disfigurement, embarrassment and humiliation, past, present and future wage loss as itemized in expert report of Dr. David Bunin, as well as past, present and future medical expenses as set forth in plaintiff=s exhibits. Defendants object to any medical expenses not provided during the course of discovery. VIII. Bifurcated Trial: Defendants' request that trial be bifurcated. Plaintiff, a 59 year-old woman, blind in right eye and with a history of epileptic seizures, struck the rear of the FedEx truck which was stopped on the right shoulder of the south side of North Dupont Highway in New Castle, Delaware. According to Edwards and the independent witness, Louis Hendricks, the FedEx truck had lights activated at the time of the collision. Plaintiff moved to travel on the right shoulder in an attempt to turn right on to Van Buren Avenue. Given the liability issues, bifurcation of the trial would promote judicial economy, avoiding any unnecessary testimony of

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the injuries and damages until liability is determined. It will also avoid any prejudice to the defendants given plaintiff's injuries and damages. IX. Trial Briefs

Motions in limine shall not be separately filed. Any in limine requests shall be set forth, with citation to authorities and brief argument, in the proposed pretrial order. Each party shall be limited to five in limine request, unless otherwise permitted by the Court. Briefing shall not be submitted on in limine requests, unless otherwise permitted by the Court. Plaintiff's Motions in Limine 1. 2. Plaintiff=s motion to preclude videotape/photographs/testimony Plaintiff=s motion to preclude testimony of defense medical witness

Defendants' Motions in Limine 1. scene. X. Limitations, Reservations and Other Matters Motion in limine to preclude evidence of photographs of the vehicle and accident

A. Length of Trial. The probable length of trial is 4 to 5 days. The case will be listed on the trial calendar to be tried when reached. Mark appropriate box: B. Number of Jurors. Jury x Non Jury there shall be six jurors and alternate jurors.

C. Jury Voir Dire. The Court will conduct voir dire. If voir dire questions are to be tendered, they should be submitted with the final pretrial order. IT IS ORDERED that this Final Pretrial Order may be modified at the trial of the action or, prior thereto, to prevent manifest injustice or for good cause shown. Such modification may be made either on application of counsel for the parties or on motion of the Court. Dated: U.S. District Judge Kent A. Jordan

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RAWLE & HENDERSON LLP /s/Timothy Rafferty Timothy M. Rafferty P.O. Box 627 Hockessin, DE 19707 /s/ Delia Clark Delia A. Clark, No. 3337 300 Delaware Avenue, Suite 1015 Wilmington, DE 19801

/s/ Thomas Sacchetta Thomas F. Sacchetta Sacchetta & Baldino 308 East 2nd Street Media, PA 19603 Attorneys for Plaintiff

/s/ Dawn Jennings Dawn L. Jennings The Widener Building One South Penn Square Philadelphia, PA 19107 Attorneys for defendants

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