Preview
CPM-L-000223-17 09/12/2019 12:29:54 PM Pg 1 of 10 Trans ID: LCV20191639902
LAW OFFICES
PAMELA D. HARGROVE
Marta I. Sierra-Epperson Moorestown Corporate Center, 3rd Floor Monica S. Lloyd
Lead Counsel 224 Strawbridge Drive, Suite 350 John Dingle
---------------------- Moorestown, New Jersey 08057-4605 James Meissler
Rachel Vicari* Fax: (877) 783-7220 Nicole M. Downs
Mary C. Brennan
Staff Counsel Employees
Allstate Insurance Company * Certified by the NJ Supreme
Encompass Insurance Court as a Civil Trial Attorney
Esurance Insurance Company
(Not a Partnership, Not a Corporation)
Attorney Administrative Assistant Paralegal
(856) 642-2908 (856) 642-2902 (856) 642-2906
September 12, 2019
Richard J. Albuquerque, Esq.
D'Arcy Johnson Day
3120 Fire Rd., Ste 100
Egg Harbor Township, NJ 08234
Re: Gannon v s. Breitinger
Court Case Number: CPM-L-223-17
Date of Loss: February 09, 2016
Our File Number: 0401400304.1
Dear Mr. Albuquerque:
Enclosed please find a Pretrial Information Exchange form submitted pursuant to Rule 4:25-7(b) in the
above matter.
Thank you for your anticipated cooperation.
Sincerely,
James Meissler /s/
James Meissler
jpm
Enclosure
ct:
Julio Navarro, Esquire
CPM-L-000223-17 09/12/2019 12:29:54 PM Pg 2 of 10 Trans ID: LCV20191639902
0401400304.1
Law Offices of Pamela D. Hargrove
JAMES MEISSLER
Identification No. 161822016
224 Strawbridge Drive, Suite 350
Moorestown, NJ 08057
Telephone: (856) 642-2908
Attorneys for Defendant(s):
PAUL BREITINGER
SHERRY GANNON, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION - CAPE MAY
Plaintiff, COUNTY
vs. CASE NO. CPM-L-223-17
PAUL BREITINGER, NEW JERSEY CIVIL ACTION
MANUFACTURERS INSRUANCE
COMPANY, JOHN DOES, MARY PRE-TRIAL INFORMATION
DOES, ABC PARTNERSHIPS AND EXCHANGE FORM [RULE 4:25-7(b)]
XYZ CORPORATIONS, jointly,
severally and in the alternative,
Defendants.
1. List of all witnesses (including addresses) to be called in the party’s case in chief.
Lawrence Barr, D.O.
1030 N. Kings Highway
Suite 200
Cherry HIll, NJ 08002
2. A list of all exhibits to be offered in the party’s case in chief. All such exhibits
shall be pre-marked for identification and shall be described briefly.
To be determined based upon what is presented in plaintiff’s case in chief.
3. A list of any proposed deposition or Interrogatory reading(s) by page and line
number or by question number.
To be determined based upon what is presented in plaintiff’s case in chief.
CPM-L-000223-17 09/12/2019 12:29:54 PM Pg 3 of 10 Trans ID: LCV20191639902
CASE NO. CPM-L-223-17
4. Any in limine or trial motions intended to be made at the commencement of trial,
with supporting memoranda. Such motions shall not go on the regular motion calendar.
We will rely on and join in the motions already provided by Defendant NJM.
5. Any objection to the proposed admission into evidence of any exhibit or to any
reading by any other party, and any response to an in limine or trial motion shall be served on all
parties not later than 2 days prior to trial.
None at this time.
6. A listing of all anticipated problems with regard to the introduction of evidence in
each party’s case in chief, especially, but without limitation, as to any hearsay problems, and
legal argument as to all such anticipated evidence problems.
None at this time.
In addition, prior to opening statements, each party shall submit the following to the trial
judge:
(a) copies of any Pretrial Information Exchange materials that have been
exchanged pursuant to this rule, and any objections made thereto;
(b) stipulations reached on contested procedural, evidentiary and substantive
issues; and in jury trials,
The Defendant stipulates to Liability.
(c) any special voir dire questions,
(d) a list of proposed jury instructions with specific reference to the Model Civil
Jury Charges, if applicable,
(e) any special jury instructions with applicable legal authority, and
(f) a proposed jury verdict form that includes all possible verdicts the jury
may return.
2
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CASE NO. CPM-L-223-17
Dated this 12th day of September , 2019.
Law Offices of Pamela D. Hargrove
By: James Meissler /s/
James Meissler
Attorney for Defendant(s)
PAUL BREITINGER
3
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CASE NO. CPM-L-223-17
0411270929.1
Law Offices of Pamela D. Hargrove
JAMES MEISSLER
Identification No. 161822016
224 Strawbridge Drive, Suite 350
Moorestown, NJ 08057
Telephone: (856) 642-2908
Attorneys for Defendant(s):
PAUL BREITINGER
SHERRY GANNON, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BURLINGTON
Plaintiff, COUNTY
vs.
CASE NO. BUR-L-2262-16
PAUL BREITINGER, NEW JERSEY
MANUFACTURERS INSRUANCE CIVIL ACTION
COMPANY, JOHN DOES, MARY
DOES, ABC PARTNERSHIPS AND STATEMENT OF THE CASE
XYZ CORPORATIONS, jointly,
severally and in the alternative,
Defendants.
On February 9, 2016, Defendant Paul Breitinger collided with Plaintiff Sherry Gannon.
Plaintiff claims that she suffered permanent injuries from these accidents. Defendant disputes
Plaintiff’s claim.
4
CPM-L-000223-17 09/12/2019 12:29:54 PM Pg 6 of 10 Trans ID: LCV20191639902
CASE NO. CPM-L-223-17
0411270929.1
Law Offices of Pamela D. Hargrove
JAMES MEISSLER
Identification No. 161822016
224 Strawbridge Drive, Suite 350
Moorestown, NJ 08057
Telephone: (856) 642-2908
Attorneys for Defendant(s):
PAUL BREITINGER
SHERRY GANNON, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BURLINGTON
Plaintiff, COUNTY
vs.
CASE NO. BUR-L-2262-16
PAUL BREITINGER, NEW JERSEY
MANUFACTURERS INSRUANCE CIVIL ACTION
COMPANY, JOHN DOES, MARY
DOES, ABC PARTNERSHIPS AND PROPOSED VOIR DIRE
XYZ CORPORATIONS, jointly,
severally and in the alternative,
Defendants.
1. STANDARD JURY VOIR DIRE – CIVIL CASES (AS PROMULGATED BY
DIRECTIVE #4-07) with, biographical questions and Omnibus Qualifications Questions
2. STANDARD JURY VOIR DIRE (AUTO).
DEFENDANT’S REQUESTED OPEN-ENDED QUESTIONS
3. Do you have any feelings about whether our society is too litigious, that is, that people
sue over things too often that they should not sue over; or do you think, on the other hand, there
are too many restrictions on the right of people to sue for legitimate reasons; or do you think our
system has struck the right balance in this regard? Have you heard of the concept of “Tort
Reform” (laws that restrict the right to sue or limit the amount that may be recovered)? How do
you feel about such laws?
4. Do you believe you would make a good juror for this case? Please explain.
5
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CASE NO. CPM-L-223-17
5. Have you ever suffered from neck, low back, or hip problems? Would the fact of these
problems make it difficult or impossible for you to render a fair and impartial verdict in the case
you are about to hear?
6. Do any of you have family members who have suffered from neck, low back, or hip
problems? If so, would the fact of these problems make it difficult or impossible for you to
render a fair and impartial verdict in the case you are about to hear?
Dated this 12th day of September , 2019.
Law Offices of Pamela D. Hargrove
By: James Meissler /s/
James Meissler
Attorney for Defendant(s)
PAUL BREITINGER
6
CPM-L-000223-17 09/12/2019 12:29:54 PM Pg 8 of 10 Trans ID: LCV20191639902
CASE NO. CPM-L-223-17
0411270929.1
Law Offices of Pamela D. Hargrove
JAMES MEISSLER
Identification No. 161822016
224 Strawbridge Drive, Suite 350
Moorestown, NJ 08057
Telephone: (856) 642-2908
Attorneys for Defendant(s):
PAUL BREITINGER
SHERRY GANNON, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BURLINGTON
Plaintiff, COUNTY
vs.
CASE NO. BUR-L-2262-16
PAUL BREITINGER, NEW JERSEY
MANUFACTURERS INSRUANCE CIVIL ACTION
COMPANY, JOHN DOES, MARY
DOES, ABC PARTNERSHIPS AND PROPOSED JURY CHARGES
XYZ CORPORATIONS, jointly,
severally and in the alternative,
Defendants.
1. Model Civil Jury Charge 1.12 et al General provisions and Outline for Standard
Charge including 1.12P No prejudice, passion, bias or sympathy.
2. Model Civil Jury Charge 5.33 Limitation on Lawsuit Option
3. Model Civil Jury Charge 5.34 Photographic Evidence in Motor Vehicle Accidents
4. Model Civil Jury Charge 6.10 Proximate Cause
5. Model Civil Jury Charge 8.10 Damages – Effect of Instructions.
6. Model Civil Jury Charge 8.48 Tax Consequences
Dated this 12th day of September , 2019.
Law Offices of Pamela D. Hargrove
By: James Meissler /s/
James Meissler
Attorney for Defendant(s)
PAUL BREITINGER
7
CPM-L-000223-17 09/12/2019 12:29:54 PM Pg 9 of 10 Trans ID: LCV20191639902
CASE NO. CPM-L-223-17
0411270929.1
Law Offices of Pamela D. Hargrove
JAMES MEISSLER
Identification No. 161822016
224 Strawbridge Drive, Suite 350
Moorestown, NJ 08057
Telephone: (856) 642-2908
Attorneys for Defendant(s):
PAUL BREITINGER
SHERRY GANNON, SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: BURLINGTON
Plaintiff, COUNTY
vs.
CASE NO. BUR-L-2262-16
PAUL BREITINGER, NEW JERSEY
MANUFACTURERS INSRUANCE CIVIL ACTION
COMPANY, JOHN DOES, MARY
DOES, ABC PARTNERSHIPS AND PROPOSED VERDICT SHEET
XYZ CORPORATIONS, jointly,
severally and in the alternative,
Defendants.
1. Has Plaintiff, Sherry Gannon, proven by preponderance of the objective, credible,
medical evidence that she sustained a permanent injury proximately caused by the subject
motor vehicle accident?
Yes ____ No ______
Vote:
(If your answer to question #1 is “Yes,” please proceed to question #2. If your answer to
question #1 is “No,” you may stop here and return this verdict sheet to the Judge.)
2. What amount of money, if any, will compensate plaintiff for her damages proximately
caused by the accident?
$_______________
8
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CASE NO. CPM-L-223-17
Law Offices of Pamela D. Hargrove
By: James Meissler /s/
James Meissler
Attorney for Defendant(s)
PAUL BREITINGER
9
Preview
CPM-L-000223-17 09/12/2019 12:29:54 PM Pg 1 of 10 Trans ID: LCV20191639902 LAW OFFICES PAMELA D. HARGROVE Marta I. Sierra-Epperson Moorestown Corporate Center, 3rd Floor Monica S. Lloyd Lead Counsel 224 Strawbridge Drive, Suite 350 John Dingle ---------------------- Moorestown, New Jersey 08057-4605 James Meissler Rachel Vicari* Fax: (877) 783-7220 Nicole M. Downs Mary C. Brennan Staff Counsel Employees Allstate Insurance Company * Certified by the NJ Supreme Encompass Insurance Court as a Civil Trial Attorney Esurance Insurance Company (Not a Partnership, Not a Corporation) Attorney Administrative Assistant Paralegal (856) 642-2908 (856) 642-2902 (856) 642-2906 September 12, 2019 Richard J. Albuquerque, Esq. D'Arcy Johnson Day 3120 Fire Rd., Ste 100 Egg Harbor Township, NJ 08234 Re: Gannon v s. Breitinger Court Case Number: CPM-L-223-17 Date of Loss: February 09, 2016 Our File Number: 0401400304.1 Dear Mr. Albuquerque: Enclosed please find a Pretrial Information Exchange form submitted pursuant to Rule 4:25-7(b) in the above matter. Thank you for your anticipated cooperation. Sincerely, James Meissler /s/ James Meissler jpm Enclosure ct: Julio Navarro, Esquire CPM-L-000223-17 09/12/2019 12:29:54 PM Pg 2 of 10 Trans ID: LCV20191639902 0401400304.1 Law Offices of Pamela D. Hargrove JAMES MEISSLER Identification No. 161822016 224 Strawbridge Drive, Suite 350 Moorestown, NJ 08057 Telephone: (856) 642-2908 Attorneys for Defendant(s): PAUL BREITINGER SHERRY GANNON, SUPERIOR COURT OF NEW JERSEY LAW DIVISION - CAPE MAY Plaintiff, COUNTY vs. CASE NO. CPM-L-223-17 PAUL BREITINGER, NEW JERSEY CIVIL ACTION MANUFACTURERS INSRUANCE COMPANY, JOHN DOES, MARY PRE-TRIAL INFORMATION DOES, ABC PARTNERSHIPS AND EXCHANGE FORM [RULE 4:25-7(b)] XYZ CORPORATIONS, jointly, severally and in the alternative, Defendants. 1. List of all witnesses (including addresses) to be called in the party’s case in chief. Lawrence Barr, D.O. 1030 N. Kings Highway Suite 200 Cherry HIll, NJ 08002 2. A list of all exhibits to be offered in the party’s case in chief. All such exhibits shall be pre-marked for identification and shall be described briefly. To be determined based upon what is presented in plaintiff’s case in chief. 3. A list of any proposed deposition or Interrogatory reading(s) by page and line number or by question number. To be determined based upon what is presented in plaintiff’s case in chief. CPM-L-000223-17 09/12/2019 12:29:54 PM Pg 3 of 10 Trans ID: LCV20191639902 CASE NO. CPM-L-223-17 4. Any in limine or trial motions intended to be made at the commencement of trial, with supporting memoranda. Such motions shall not go on the regular motion calendar. We will rely on and join in the motions already provided by Defendant NJM. 5. Any objection to the proposed admission into evidence of any exhibit or to any reading by any other party, and any response to an in limine or trial motion shall be served on all parties not later than 2 days prior to trial. None at this time. 6. A listing of all anticipated problems with regard to the introduction of evidence in each party’s case in chief, especially, but without limitation, as to any hearsay problems, and legal argument as to all such anticipated evidence problems. None at this time. In addition, prior to opening statements, each party shall submit the following to the trial judge: (a) copies of any Pretrial Information Exchange materials that have been exchanged pursuant to this rule, and any objections made thereto; (b) stipulations reached on contested procedural, evidentiary and substantive issues; and in jury trials, The Defendant stipulates to Liability. (c) any special voir dire questions, (d) a list of proposed jury instructions with specific reference to the Model Civil Jury Charges, if applicable, (e) any special jury instructions with applicable legal authority, and (f) a proposed jury verdict form that includes all possible verdicts the jury may return. 2 CPM-L-000223-17 09/12/2019 12:29:54 PM Pg 4 of 10 Trans ID: LCV20191639902 CASE NO. CPM-L-223-17 Dated this 12th day of September , 2019. Law Offices of Pamela D. Hargrove By: James Meissler /s/ James Meissler Attorney for Defendant(s) PAUL BREITINGER 3 CPM-L-000223-17 09/12/2019 12:29:54 PM Pg 5 of 10 Trans ID: LCV20191639902 CASE NO. CPM-L-223-17 0411270929.1 Law Offices of Pamela D. Hargrove JAMES MEISSLER Identification No. 161822016 224 Strawbridge Drive, Suite 350 Moorestown, NJ 08057 Telephone: (856) 642-2908 Attorneys for Defendant(s): PAUL BREITINGER SHERRY GANNON, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BURLINGTON Plaintiff, COUNTY vs. CASE NO. BUR-L-2262-16 PAUL BREITINGER, NEW JERSEY MANUFACTURERS INSRUANCE CIVIL ACTION COMPANY, JOHN DOES, MARY DOES, ABC PARTNERSHIPS AND STATEMENT OF THE CASE XYZ CORPORATIONS, jointly, severally and in the alternative, Defendants. On February 9, 2016, Defendant Paul Breitinger collided with Plaintiff Sherry Gannon. Plaintiff claims that she suffered permanent injuries from these accidents. Defendant disputes Plaintiff’s claim. 4 CPM-L-000223-17 09/12/2019 12:29:54 PM Pg 6 of 10 Trans ID: LCV20191639902 CASE NO. CPM-L-223-17 0411270929.1 Law Offices of Pamela D. Hargrove JAMES MEISSLER Identification No. 161822016 224 Strawbridge Drive, Suite 350 Moorestown, NJ 08057 Telephone: (856) 642-2908 Attorneys for Defendant(s): PAUL BREITINGER SHERRY GANNON, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BURLINGTON Plaintiff, COUNTY vs. CASE NO. BUR-L-2262-16 PAUL BREITINGER, NEW JERSEY MANUFACTURERS INSRUANCE CIVIL ACTION COMPANY, JOHN DOES, MARY DOES, ABC PARTNERSHIPS AND PROPOSED VOIR DIRE XYZ CORPORATIONS, jointly, severally and in the alternative, Defendants. 1. STANDARD JURY VOIR DIRE – CIVIL CASES (AS PROMULGATED BY DIRECTIVE #4-07) with, biographical questions and Omnibus Qualifications Questions 2. STANDARD JURY VOIR DIRE (AUTO). DEFENDANT’S REQUESTED OPEN-ENDED QUESTIONS 3. Do you have any feelings about whether our society is too litigious, that is, that people sue over things too often that they should not sue over; or do you think, on the other hand, there are too many restrictions on the right of people to sue for legitimate reasons; or do you think our system has struck the right balance in this regard? Have you heard of the concept of “Tort Reform” (laws that restrict the right to sue or limit the amount that may be recovered)? How do you feel about such laws? 4. Do you believe you would make a good juror for this case? Please explain. 5 CPM-L-000223-17 09/12/2019 12:29:54 PM Pg 7 of 10 Trans ID: LCV20191639902 CASE NO. CPM-L-223-17 5. Have you ever suffered from neck, low back, or hip problems? Would the fact of these problems make it difficult or impossible for you to render a fair and impartial verdict in the case you are about to hear? 6. Do any of you have family members who have suffered from neck, low back, or hip problems? If so, would the fact of these problems make it difficult or impossible for you to render a fair and impartial verdict in the case you are about to hear? Dated this 12th day of September , 2019. Law Offices of Pamela D. Hargrove By: James Meissler /s/ James Meissler Attorney for Defendant(s) PAUL BREITINGER 6 CPM-L-000223-17 09/12/2019 12:29:54 PM Pg 8 of 10 Trans ID: LCV20191639902 CASE NO. CPM-L-223-17 0411270929.1 Law Offices of Pamela D. Hargrove JAMES MEISSLER Identification No. 161822016 224 Strawbridge Drive, Suite 350 Moorestown, NJ 08057 Telephone: (856) 642-2908 Attorneys for Defendant(s): PAUL BREITINGER SHERRY GANNON, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BURLINGTON Plaintiff, COUNTY vs. CASE NO. BUR-L-2262-16 PAUL BREITINGER, NEW JERSEY MANUFACTURERS INSRUANCE CIVIL ACTION COMPANY, JOHN DOES, MARY DOES, ABC PARTNERSHIPS AND PROPOSED JURY CHARGES XYZ CORPORATIONS, jointly, severally and in the alternative, Defendants. 1. Model Civil Jury Charge 1.12 et al General provisions and Outline for Standard Charge including 1.12P No prejudice, passion, bias or sympathy. 2. Model Civil Jury Charge 5.33 Limitation on Lawsuit Option 3. Model Civil Jury Charge 5.34 Photographic Evidence in Motor Vehicle Accidents 4. Model Civil Jury Charge 6.10 Proximate Cause 5. Model Civil Jury Charge 8.10 Damages – Effect of Instructions. 6. Model Civil Jury Charge 8.48 Tax Consequences Dated this 12th day of September , 2019. Law Offices of Pamela D. Hargrove By: James Meissler /s/ James Meissler Attorney for Defendant(s) PAUL BREITINGER 7 CPM-L-000223-17 09/12/2019 12:29:54 PM Pg 9 of 10 Trans ID: LCV20191639902 CASE NO. CPM-L-223-17 0411270929.1 Law Offices of Pamela D. Hargrove JAMES MEISSLER Identification No. 161822016 224 Strawbridge Drive, Suite 350 Moorestown, NJ 08057 Telephone: (856) 642-2908 Attorneys for Defendant(s): PAUL BREITINGER SHERRY GANNON, SUPERIOR COURT OF NEW JERSEY LAW DIVISION: BURLINGTON Plaintiff, COUNTY vs. CASE NO. BUR-L-2262-16 PAUL BREITINGER, NEW JERSEY MANUFACTURERS INSRUANCE CIVIL ACTION COMPANY, JOHN DOES, MARY DOES, ABC PARTNERSHIPS AND PROPOSED VERDICT SHEET XYZ CORPORATIONS, jointly, severally and in the alternative, Defendants. 1. Has Plaintiff, Sherry Gannon, proven by preponderance of the objective, credible, medical evidence that she sustained a permanent injury proximately caused by the subject motor vehicle accident? Yes ____ No ______ Vote: (If your answer to question #1 is “Yes,” please proceed to question #2. If your answer to question #1 is “No,” you may stop here and return this verdict sheet to the Judge.) 2. What amount of money, if any, will compensate plaintiff for her damages proximately caused by the accident? $_______________ 8 CPM-L-000223-17 09/12/2019 12:29:54 PM Pg 10 of 10 Trans ID: LCV20191639902 CASE NO. CPM-L-223-17 Law Offices of Pamela D. Hargrove By: James Meissler /s/ James Meissler Attorney for Defendant(s) PAUL BREITINGER 9