Free Proposed Pretrial Order - District Court of Delaware - Delaware


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. Case 1:05-cv-00053-GI\/IS Document 48-2 Filed 05/15/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RICHARD F. WHITE JR., : _
Plaintiffs, E _
v. C. A. N0. 05C—53 GMS
FED EX GROUND PACKAGING
SYSTEMS, :
Defendant.
PLAINTIFFS TRIAL BRIEF
MICHAEL I. SILVERMAN
SILVERMAN McDONALD & FRIEDMAN
DE BAR ID: 3034
1010 N. Bancroft Parkway
Suite #22
Wilmington, DE 19805
(302)888—2900
Attorney for Plaintiff

Case 1:05-cv-00053-GI\/IS Document 48-2 Filed 05/15/2006 Page 2 of 3
A. NATURE OF THE cass
This matter stems from personal injuries resulting from an automobile accident. The accident
occurred on August 27, 2003. Mr. White was proceeding in his work truck on Prospect Avenue in
Berlin Township, New Jersey. Mr. White had the right of way in the roadway. A Federal Express
truck operated by Thomas Salvo, as agent of the defendant, reversed out of a private driveway and
struck Mr. White’s vehicle. It is undisputed that the defendant was an agent of Federal Express and
operating within the scope of employment therein. Liability and agency is admitted.
As a result of this accident Mr. White had arthroscopic surgeries on both shoulders caused
by pain radiating into his arms and hands. Mr. White sustained permanent injuries to his shoulders.
He also underwent injections including nerve blocks to his lower cervical and upper thoracic spine.
Mr. White sustained permanent injuries to his cervical and thoracic spine. Mr. White also had pain
in his left leg as a result ofthe accident. Mr. \lVhite continues to be symptomatic from injuries
resulting from this accident. Mr. White has incurred medical bills in excess of $l l8,000.
Plaintiff does not believe that there is ah issue as to causation. Dr. Peter Bandera, Dr.
Randeep Kahlon, and Dr. Frank Falco will testify that the injuries to Mr. White’s shoulders, neck,
and back are causally related to the accident of August 27, 2003. They will also testify that the
injuries to Mr. White’s shoulders, neck and back are permanent in nature. The doctors will also
testify that the medical bills are reasonable, necessary, and related to the accident and that future
medical care is recommended. Further, the defense medical examiner, Dr. Andrew Gelman,
provided a report which confirms certain injuries stemming from this accident.
B.-C. PLAINTIFIPS THEORY OF LIABILITY
Liability is admitted in this case. The remaining issue is damages caused by the accident.
With regard to causation, Dr. Peter Bandera, Dr. liandeep Kahlon, and Dr. Prank Falco will testify

Case 1:05-cv-00053-GI\/IS Document 48-2 Filed 05/15/2006 Page 3 of 3
that the injuries and subsequent treatment of Mr. White’s shoulders, neck, and back are causaliy
related to the accident of August 27, 2003.
E. PLAINTIFWS DAMAGES
As a result of this accident Mr. White had aithroscopic surgeries on both shoulders as a result
of pain radiating into his arms and hands. Mr. White sustained permanent injuries to his shouiders.
He also underwent injections including nerve bloeks to his lower cervical and upper thoracic spine.
Mr. White sustained pennanent injuries to his cervical and thoracic spine. Mr. White aiso had pain
in his left leg as a result of the accident. Mr. White continues to be symptomatic from injuries
resulting from this accident. Mr. White has incurred medical bills in excess of $3 18,000. Further,
Geoff Langdon, CPA will testify about the present value ofthe projected need for future medical
care.
F. ANTICIPATED MOTION FOR A DIRECTED VERDICT
Plaintiff does not anticipate any Motion for a Directed Verdict.
_ I V i!T i {)5I · .
MICHAEL I. SILVERMAN
DE BAR ID: 3034
1010 N. Bancroft Parkway
Suite #22
Wiimington, DE 19805
(302)888—·2900
Attorney for Plaintiff
Dated: May i5, 2006