H istory was made on Wednesday, June 7, 2000, as the state’s Commonwealth Court visited Greensburg for the first time to hear arguments on a number of cases from western Pennsylvania counties. In honor of this occasion, the Westmoreland Bar Association hosted a welcoming reception for the Commonwealth Court at the Mountain View Inn in Greensburg on June 6. The three-judge panel, composed of The Honorable Bonnie Brigance Leadbetter, The Honorable James R. Kelley, and The Honorable William J. Lederer, conducted its business in Courtroom No. 3 of the Westmoreland County Courthouse as part of the court’s 30th anniversary commemoration. The Commonwealth Court is one of two intermediate appellate courts established by the Constitutional Convention of 1968. The Commonwealth Court judges usually hear arguments sit- ting in Pittsburgh and other larger cities in the state. As part of its anniversary, the court has been going to smaller towns. “We wanted to sit in Westmoreland to the side bar THE NEWSLETTER OF THE WESTMORELAND BAR ASSOCIATION VOLUME XII, NUMBER 3 MAY–JUNE 2000 IN THIS ISSUE WBA Welcomes Commonwealth Court to Westmoreland County 2 President’s Message 4 Remembering Gary Selway 5 Jury Trial Verdicts 6 Inn Honors Nakles 9 Spotlight on David Cook 7 To-Wit: S. Sponte, Esq. continued on page 18 ▲ (From left to right) President Judge Charles H. Loughran, WBA President Diane E. Murphy, Commonwealth Court President Judge Joseph T.Doyle, Executive Director Diane Krivoniak and Commonwealth Court Judge James R. Kelley. The Honorable Bonnie Brigance Leadbetter, The Honorable James R. Kelley and The Honorable William J. Lederer sat in Westmoreland County on June 7, 2000. ▲
Transcript
History was made onWednesday, June 7, 2000, as the state’s
Commonwealth Court visitedGreensburg for the first time tohear arguments on a number ofcases from western Pennsylvaniacounties. In honor of this occasion,the Westmoreland Bar Associationhosted a welcoming reception forthe Commonwealth Court at theMountain View Inn in Greensburgon June 6.
The three-judge panel, composed of The HonorableBonnie Brigance Leadbetter, The Honorable James R. Kelley,and The Honorable William J.Lederer, conducted its business in Courtroom No. 3 of the Westmoreland CountyCourthouse as part of the court’s30th anniversary commemoration.
The Commonwealth Court is one of two intermediate appellate courts established by theConstitutional Convention of1968. The Commonwealth Courtjudges usually hear arguments sit-ting in Pittsburgh and other largercities in the state. As part of itsanniversary, the court has beengoing to smaller towns. “Wewanted to sit in Westmoreland to
thesidebarTHE NEWSLETTER OF THE
WESTMORELAND BAR ASSOCIATIONVOLUME XII, NUMBER 3
MAY–JUNE 2000
INTHISISSUE
WBA Welcomes CommonwealthCourt to Westmoreland County
2 President’sMessage 4 Remembering
Gary Selway 5 JuryTrialVerdicts 6 Inn
HonorsNakles 9 Spotlight
on DavidCook7 To-Wit:
S. Sponte,Esq.
continued on page 18
▲
(From left to right) President Judge Charles H. Loughran, WBA President Diane E.Murphy, Commonwealth Court President Judge Joseph T. Doyle, Executive DirectorDiane Krivoniak and Commonwealth Court Judge James R. Kelley.
The Honorable BonnieBrigance Leadbetter,
The Honorable JamesR. Kelley and The
Honorable William J.Lederer sat in
Westmoreland Countyon June 7, 2000.
▲
thank our Bench/Bar Committeefor their time and efforts.
However the common threadthat makes it all come togetheryear after year is our highly compe-tent and professional executivedirector, Diane Krivoniak and theWBA staff, Cathy and Julia.
I have never seen three peoplework so hard, get so much doneand make the end result seem soeffortless. Their attendance to themultitude of minute details reallysmooth out the edges and makethe conference the ultimate successit really is.
I extend my sincere gratitudeand congratulations to Diane,Cathy and Julia. Their splendidefforts are what gives us the chanceto relax and have such a fantastictime.
So from all of the members ofthe WBA and especially those whodid attend the conference this yearat the Wisp, thank you ladies forbeing there and thank you forbeing with us all year round.
Iwanted to write this articlewhile all my memories and thoughts of this year’s
Bench/Bar Conference were still vivid. Believe it or not, my recollection is fully intact, despiterumors to the contrary.
I arrived late on Thursday andused all my so-called presidentialpowers to clear up the skies andcalm the weather. Too bad I really
don’t have the kind ofdivine powerto influencethe forces ofnature. Just as I cannotaccept creditfor theweather, I cannot takecredit for the
many congratulations I received onwhat a success the 2000 Bench/BarConference turned out to be atThe Wisp Resort in Deep Creek,Maryland.
To give you an idea of how thisall evolves, the conference actuallybegins with a planning committeewhich discusses ideas to improveand expand on the previous experi-
ences. Taken into account are thecomments made by the attendees,both their likes and dislikes.Likewise, comments from the non-attendees as to why they do notattend are considered. It is actuallyimportant to listen to everyonebecause that is the only way wecan make the Bench/BarConference experience as enticingand appealing to as many membersas possible.
The committee breaks up intosub-committees that take responsi-bility for all the separates facetsand organization of activities.Planning for next year's event actually begins immediately at theconclusion of this year’s. The loca-tion is selected and booked, andcontracts are prepared to lock inthe terms. Multiple meetings areheld throughout the year to reporton the progress of the committees.
The members of each commit-tee are invaluable. They volunteertheir time and are very dedicatedto their tasks. The majority of thecommittee members remainfrom year to year, therebymaintaining a continuity ofideas and services crucial forplanning purposes. I want to
2 • sidebar
President’s Message
Giving Credit Where It’s Dueby Diane E. Murphy
Mission StatementThe Westmoreland Bar Association continues a long-standing tradition of fostering excellence
in professional service by its members to their clients and to the general community while engendering respect, civility and camaraderie among the members of the bench and bar.
by Judge Daniel J. Ackerman
On a picture-perfect week-end at the end of April,WBA members, spouses
and friends met at Hagerstown,Maryland, and from thereembarked on a tour of theAntietam battlefield.
On September 17, 1862, theArmy of Northern Virginia underthe command of Robert E. Lee,and the Army of the Potomacunder George B. McClellan, meton rolling Maryland farmland inthe vicinity of Antietam Creek,near the hamlet of Sharpsburg.The battle, which took place thatday, frustrated Lee’s first attempt tobring the civil war north of thePotomac River, and resulted in thebloodiest day in American history(23,000 casualties).
Our day-long tour by bus andon foot took us to every part ofthis famous battlefield, and withpermission of the National ParkService, to areas not generally opento the public. Our knowledgeable
sidebar • 3
guides were Don Rigone andJudge Irv Bloom, both serious students of the Civil War, whobridged the gap of 138 years with feeling, intimate detail andoccasional humor.
But all was not study. Lunchfound us at the prestigiousBavarian Inn in Shepherdstown,West Virginia, across the PotomacRiver below Sharpsburg, and afterdinner, at the Sheraton Inn inHagerstown, rousing Civil Warsongs were heard accompanied by
the sidebar is published as a service to Bar Association members by the Westmoreland Bar Association,129 North Pennsylvania Avenue, Greensburg, PA 15601, (724) 834-6730
David J. Millstein, Editor Susan C. Zellner, Associate Editor Diane Krivoniak, Managing Editor Barbara J. Artuso, Practice Tips Editor
the talented Jerry Yanity on the piano.
In addition to me and thosealready mentioned, WBA membersin attendance were: Jim Conte,Robert King, Morrison Lewis,Ernie Long, Rabe Marsh, BruceTobin, John Ward and Judge Jay Ober.
It was a fine outing and we allreturned with a renewed andincreased appreciation of the pricepaid to preserve our nation.
thesidebar
WBA Visits Antietam Battlefield
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Despite his best efforts, Don could notmake the man’s headache go away.
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“Baruch atuh Adonai ...”
And it is for this reasonthat Don was chosengroup leader.
▲
by Wm. Jeffrey Leonard
Gary F. Selway, who passedaway on March 11, 2000,earned the respect of the
members of the Bench and Barbecause of his meticulous trialpreparation and enthusiastic representation of his clients. Gary’s superior intellect, tirelesspreparation, and high degree of motivation made him a formidable adversary.
I worked with Gary every dayfor the past 15 years, and I sawthose traits and skills exhibited on a daily basis. For those reasons,and many more, I admired Gary as a person and a lawyer. I oftenwondered about the source of hismotivation and energy whichenabled him to practice at such ahigh level of proficiency. I believeit arose out of his natural love andconcern for his fellow man. Hegenuinely cared for and about hisclients and their causes.
The compassion that Garyshowed his clients no doubt sprangfrom his own life experiences,beginning at an early age. Hisfather died at the Battle of IwoJima during WWII in 1945, when Gary was only two years old. His mother died of cancerwhen Gary was 12.
He was living on his own by age17, working to support himselfwhile he finished high school. Hejoined the Marines to obtain bene-fits of the GI Bill, which enabledhim to afford and complete col-lege. After college, he worked for aPittsburgh law firm during the dayto support his family, and attendedDuquesne Law School at night.
The lessons he learned whilestruggling to overcome these chal-lenges were applied to the practice
demanding, outrageous, irreverent,blasphemous, a rogue, a renegade,and a hated, isolated and lonelyperson ... few love a spokesman forthe despised and damned.”
Gary had the courage necessaryto practice this philosophy.
Gary had a wonderful sense ofhumor and was genuinely friendly.He would often captivate andentertain friends and acquaintanceswith stories of his youthful exploits
and always-eventfulvacations. His story-telling would oftencreate a much-neededdiversion from thehectic and stressfulpractice of law.
Gary was also generous to a fault.I’ll never forget thetime he took a younglawyer under hiswing. This young law
student had recently graduatedfrom an out-of-state law school,passed the bar exam and movedinto Westmoreland Countyintending to open a law practicewith little more than his “shingle”and naive enthusiasm. Gary generously offered the use of hisoffice, secretarial services, lawlibrary, photocopier, and assigned a dozen or more active cases to theyoung lawyer. He asked nothing in return.
When I think about the obstacles that Gary overcame in his youth in order to survive, Iunderstand how he became such a driven and successful lawyer.With his passing, the legal com-munity has suffered a great loss, as did all of us who knew Gary. He will be missed.
of law. Gary’s ability to sympathizewith his clients gave him theenergy to champion their causes,unpopular though they may be.
Gary was a staunch civil libertarian. For many years, he volunteered his services as a lawyerto the American Civil LibertiesUnion. He was troubled by thechanging make-up of the UnitedStates Supreme Court. He decriedwhat he felt was a steady stream of opinions whichslowly eroded theConstitutional rightsof defendants in criminal cases.
Although the focusof Gary’s practicechanged over thecourse of his career,his concern for andrepresentation of society’s underdogsdid not. For a time, itseemed that Gary specialized indefending priests who had beencharged with criminal sexual misconduct. The last five years ofhis practice were primarily devotedto representing the mentally ill.
He was instrumental in forcingthe mental health system to strictlycomply with the Mental HealthProcedures Act to ensure that thementally ill were not deprived oftheir liberty and involuntarilycommitted without due process oflaw. It was this commitment to theprotection of individuals’ rightswhich became Gary’s hallmark.
The following quote byAmerican lawyer and writerClarence Darrow was prominentlydisplayed on the bulletin board inGary’s office and echoed his philosophy: “To be an effectivecriminal defense counsel, an attorney must be prepared to be
4 • sidebar
Remembering Gary F. Selway
JANUARY/FEBRUARY TRIAL TERM
Out of 121 cases set fortrial, 47 settled; 32 werecontinued; 1 was discon-
tinued; 1 moved to Arbitration; 1will be summary jury trial; 1 was amistrial; and 7 were tried to a ver-dict. Although plaintiff verdicts ledby a slight margin, each reflectedvery low awards of damages.
RYAN BRENNAN, A MINOR, BYHIS PARENT AND NATURAL
GUARDIAN, LINDA MONAHAN V.LEVEL GREEN ATHLETICASSOCIATION AND PENN-
TRAFFORD SCHOOL DISTRICTNO. 3198 OF 1997
Cause of Action: Negligence
While trying out for little league,plaintiff caught his upper lip onmetal wire protruding from thetop of the outfield fence. Damagesincluded laceration of right upperlip and permanent scarring.
Plaintiff brought this negligenceaction against the defendants forfailure to maintain and repair thefence, failure to inspect and failureto provide reasonably safe premises.The school district maintained thatthe field was in the possession andcontrol of the athletic associationthrough a lease agreement. Defenseswere raised under the RecreationUse of Land and Water Act, the
Fitzpatrick, The Daniel F. LaCavaLaw Firm, P.C., Carnegie.
Trial Judge: The Hon. Gary P.Caruso
Result: Verdict for Plaintiff in theamount of $5,000. 100% causalnegligence attributed to DefendantLevel Green Athletic Association.
Political Subdivision Tort ClaimsAct and Claims Against LocalAgencies Act. The athletic associa-tion was not represented at trial.
Plaintiff ’s Counsel: William R.Caroselli, Susan A. Meredith,Caroselli, Spagnolli & Beachler, Pgh.
Counsel for Defendant Penn-Trafford School District: Michael L.
sidebar • 5
Jury Trial Verdicts
continued on page 6
6 • sidebar
Inn of Court Changes Name to Honor Ned J. Nakles, Sr.
A t a Naming Ceremonyheld on May 19, 2000,the Westmoreland
American Inn of Court changed itsname to theNed J. NaklesAmerican Innof Court inmemory andin honor ofNed J.Nakles, Sr.,who passedaway last
May. Over 150 guests attended theformal affair held at Seton HillCollege in Greensburg.
The evening included speechesand tributes from Ned’s friends,
colleagues and fellow Innmembers, and concludedwith a portrait dedicationand remarks from Ned J.Nakles, Jr. The portrait is hanging in theWestmoreland BarAssociation headquarters.
An active member ofthe Bar since 1967, Nedwas a charter member ofthe WestmorelandAmerican Inn of Courtsince its founding in 1995. Heshared the vision of the AmericanInns of Court, and was instrumen-tal in promoting legal excellence,professionalism, civility and ethicsnot only among members of the
Bar, but also among his manyother friends and acquaintances.
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Ned Nakles, Jr., unveils the portrait of hisfather, Ned Nakles, Sr., which now hangsin the WBA headquarters.
KATHLEEN L. MYERS AND ROBERT G. MYERS,HER HUSBAND V. BETH A. MAXWELL, M.D.,
AN ADULT INDIVIDUAL; AND GYNO ASSOCIATES, INC., A PENNSYLVANIA
PROFESSIONAL ASSOCIATIONNO. 7030 OF 1998
Cause of Action: Negligence—Medical Malpractice—Loss of Consortium
The plaintiff ’s medical malpractice action arose from an alleged delayed diagnosis of breast cancer by defendant. The radiologist’s report from a 1992mammogram identified two small calcifications in the right breast and recommended a sixth-month follow-up mammogram to rule out the remote possibility of malignant type calcification. Results of this report were not communicated to the plaintiffby the defendant. The breast cancer subsequentlyspread and is believed to be terminal. Her husbandclaimed loss of consortium.
The defendant contended she was unaware of theradiologist’s recommendation for follow-up studybecause she read only the summary portion of his
RHONDA E. WHITE V. MINDE S. CUPNO. 2493 OF 1997
Cause of Action: Negligence—Motor Vehicle Accident
Plaintiff was stopped at the red light in the left turning lane when struck by Defendantís car.Damages included bodily injuries, pain and suffering, impairment of wages and/or wage earning ability in excess of first party coverage and medical bills in excess of first party coverage.
The defendant, in New Matter, raised contributory/comparative negligence, assumption of the risk, the statute of limitations, and thePennsylvania Motor Vehicle Financial Responsibility Act.
Plaintiff ’s Counsel: Daniel Joseph, George & Joseph, New Kensington.
Defendant’s Counsel: Christopher M. Fleming,Jacobs & Saba, Gbg.
Trial Judge: The Hon. Daniel J. AckermanResult: Verdict for Plaintiff in the amount of
$3,000.
Jury Trial Verdicts continued from page 5
continued on page 14
by S. Sponte, Esq.
It’s been thirty years, count ‘em,thirty years now that I’ve beenShepardizing my clients and
their various causes safely throughthe minefields of justice. AlthoughI’m not usually the introspectivesort, that’s a long time by anyone’scount, and I consequently findmyself of late thinking a lot aboutmy career and what it is I’velearned, if anything, in so muchtime.
Well, one thing I’ve learned for sure is that I’m not nearly assmart as I might have previouslythought, else I’d never have donethis for thirty, count ‘em, thirtyyears.
Another thing I’ve learned isthat this is a tough way to make abuck if you do it right and, for meat least, it takes a lot more thanjust the need to make a living todo it for so long. You see, I havedone quite well by my clients’ miscellaneous misfortunes and Iam long since past the point ofneeding to work to put food onthe table. That I yet continue tosoldier on is for reasons prettymuch unrelated to the prerequi-sites of sustenance.
From the earliest days of mycareer, I have always been drawn tothe cause, the crusade, the singularopportunity to stomp upon thepowerful and arrogant on behalf ofthe weak and downtrodden. I havemy parents to thank for this pas-sionate predilection, they taughtme all I ever needed to knowabout being downtrodden, and Icontinue to carry their invaluablelessons with me each and every dayof my life. Consequently, causeshave been and still remain the staffof my professional life and, as
who hire them.This guy,before hebecame a highschool princi-pal, had been agym teacher.God, life canbe so sweetsometimes.
As the clients, yes, clients, therewere a lot of them, told me someof their stories, I was overcome bydisbelief. No one could get awaywith some of the things this guywas up to. For instance, he annu-ally culls out all those studentsbeyond the age of compulsoryeducation that he deems unfit forhis school, tells them they are fartoo stupid and worthless to attendcollege and then harangues theminto quitting school entirely.
“Did he then herd them intomass showers?” I asked incredu-lously.
He expelled students withouthearing willy nilly, dragged themto magistrate’s court for everyminor disturbance, every one con-victed, tossed around the epithet“poor white trash” as if he weresaying “good morning,” and, sup-ported by the cast of Amontillado,imposed upon his charges a reignof terror that would have embar-rassed Torquemada.
As I geared up for Round Onein federal court, I licked my lips inanticipation of the glorious stomp-ing just around the bend. Ah, butthe Divine Miss Justice works inmysterious ways, not the least ofwhich compels me to pause in mytale until next time. Be sure totune in, I’ll make it worth yourwhile.
those who know me well will read-ily attest, it is what I have lived for.
Recently though, pickings havebeen slim. Oh, there have been afew fun cases, occasionally theinvidious landlord to defeat or theintrusive municipal ordinance torepress, but by and large, thingshave been woefully calm of late. For a while there I was beginning to worry that society had becomefar too respectful of the rights of theindividual to suit the likes of me.
Well, I am now here to tell you“pish tosh.” I am now here to tellyou that my fretting in this regardhas been totally without merit.
Never again will I doubt the exis-tence of despots in this world, glorybe, glory be. For I have encounteredthe end all and be all of evil, theGrand Poobah of Tyrants, the BigKahuna of Malevolence, and he ismine, all mine.
If you had to hazard a guess asto his occupation, there would beonly two choices really, dictator ofGermany or high school principal.This particular despot is the latter,a bona fide member of a speciesalready well known for having pro-duced some of the stupidest formsof life on Earth and bested in thatregard only by the school boards
sidebar • 7
I was beginning
to worry that
society had
become far too
respectful of
the rights of the
individual to suit
the likes of me.
To-Wit:The Big Kahuna, Part I
Cheryl L. Esposito has beenadmitted as an associate memberof the WBA. She attended PennHills, the University of Pittsburghand the University of PittsburghSchool of Law. She and her husband, John J. Nebel III, maketheir home in Pittsburgh with theirchildren, Deanna and Dominic.
Derek J. Ferace, son of WBAmember Gene Ferace and an attor-ney with McGrath & Associates,P.C., has been admitted as an asso-ciate member. He attendedGreensburg-Salem, the Universityof Pittsburgh and DuquesneUniversity School of Law. He andhis wife, Michelle, make theirhome in Greensburg.
C. Christopher Hasson, an associ-ate member of the WBA, graduatedfrom Central Cambria High School,Washington & Jefferson Collegeand Duquesne University School ofLaw. Christopher now works at
Leger Ball & Scotti, P.C., inPittsburgh. He and his wife, MaryLouisa, live in Belle Vernon withtheir children, Brendan and Marissa.
Robin Sue Holmes, a participat-ing member, attended PennsburgHigh School, the University ofPennsylvania, Trenton StateCollege and Temple UniversitySchool of Law. She and her hus-band, Richard C. Young, maketheir home in Greensburg withtheir children, Kendall and Skylar.
David A. Miller, an attorneywith Amatangelo, Baisley & Regain Donora, has been admitted asan associate member. He attendedCalifornia Area Senior HighSchool, George Mason Universityand the University of VirginiaSchool of Law. He makes his homein Charleroi.
Michael A. Pacek is a law clerkwith the Superior Court ofPennsylvania and an associate
member of the WBA. He is agraduate of Greensburg CentralCatholic, Saint Vincent Collegeand Duquesne University Schoolof Law. Michael is a resident ofNorth Huntingdon.
M. Farley Schlass has beenadmitted as an associate member.She graduated from NorthSmithfield High School, IowaState and Duquesne UniversitySchool of Law. With an office inPittsburgh, she and her husband,Gregory, make their home inBethel Park with their children,Kurt, Erik and Margaret.
Karen L. Stroka is a participatingmember working with Laurel LegalServices Inc. A graduate ofGreensburg-Salem, Grove CityCollege and Duquesne UniversitySchool of Law, Karen lives inGreensburg.
Rachel Yantos, law clerk for JudgeAckerman and Judge Caruso, hasbeen admitted as a participatingmember. A graduate of Derry,Saint Vincent College and theDickinson School of Law of thePennsylvania State University,Rachel lives in New Alexandria.
8 • sidebar
New Member Sketches
SETTLEMENT CONFERENCES�
EVIDENTIARY HEARINGS�
BINDING/NON-BINDING�
COST-EFFECTIVE�
CONFIDENTIALITY�
NEUTRAL THIRD-PARTY INPUT�
SWIFT RESOLUTION�
DIRECT PARTY PARTICIPATION�
FLEXIBILITY
DISPUTE RESOLUTIONUIM/UM ARBITRATION
MEDIATION
MEYER•DARRAGH•BUCKLER•BEBENEK & ECKATTORNEYS AT LAW
GREENSBURG OFFICE: 114 SOUTH MAIN STREET, GREENSBURG, PA 15601
Twenty-eight members ofthe WBA who regis-tered to attend the
Annual Dinner Meeting in Aprilbut did not, cost the associationalmost $1,400 in unnecessaryexpenses.
Kindly consider this the nexttime you register for a WBAluncheon or dinner event andfind yourself unable to fulfill thiscommitment. By giving the staffadequate notice, you are helpingout the entire association.
WHAT TALENT WOULD YOU MOSTLIKE TO HAVE?
The ability to write well.
WHAT DO YOU MOST VALUE INYOUR FRIENDS?
Understanding.
WHICH LIVING PERSON DO YOUMOST ADMIRE?
Dr. John Murray of Duquesne University.
WHAT IS YOUR MOTTO?
Illegitimi non carborundum. Literally translated from the Latin,“Don’t let the bastards get you down.”A
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WHAT IS THE QUALITY YOUMOST LIKE IN AN ATTORNEY?
Honesty and respect for self,other attorneys and the law.
WHAT IS YOUR FAVORITEJOURNEY?
To Bermuda.
WHAT IS YOUR GREATESTREGRET?
Lack of normal college life.
WHAT ADVICE WOULD YOUGIVE TO ATTORNEYS NEW TOTHE PRACTICE OF LAW?
Never stop learning.
WHAT IS YOUR GREATEST ACHIEVEMENT?
Marrying Jeanne and raisingthree children.
WHAT IS YOUR IDEA OFPERFECT HAPPINESS?
Being together with my wife, three children and ninegrandchildren.
WHAT IS YOUR MOSTTREASURED POSSESSION?
The Combat Infantry Badge.
WHAT IS IT THAT YOU MOST DISLIKE?
Arrogance.
WHAT IS YOUR GREATESTEXTRAVAGANCE?
Buying booksand “gadgets.”
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Spotlight on David Cook
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That’s why attorneys call us for advice. If your current liability policy doesn’t measure up, call ColburnInsurance Service for a quote:1-800-W-COLBURN.
10 • sidebar
Standing (left to right): George Allen Butler,Real Estate Chair; The Honorable Irving L.Bloom, LCL Chair; Michael J. Stewart, FamilyLaw Chair; Rabe F. Marsh III, Civil LitigationChair; and David R. Gold, Law Library Chair.Seated (left to right): J. David Caruthers,Criminal Law Chair; The Honorable RichardE. McCormick, Jr., Bench/Bar Co-Chair; BethL.F. Orbison, Bench/Bar Co-Chair; andJames R. Silvis, Gifts & Memorial Co-Chair.
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2000-2001 Committee Chairs
On The Move ...ABBY DEBLASSIO has moved to new officeslocated at 101 North Main Street, Suite 201,Greensburg; phone (724) 832-9440; fax (724)832-9443.
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Richard F. Flickinger, Finance Chair; John M.O’Connell, Jr., Gifts & Memorial Co-Chair andPlanning Chair; L. Christian DeDiana, Orphans’Court Chair; and President Diane E. Murphy
wba
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Standing (left to right): Edward E. Gilbert, Activities Chair;Harvey A. Zalevsky, Fee Dispute Chair; Francis R. Murrman,Membership Committee Chair; Harry F. Smail, Jr., YoungLawyers Co-Chair; and Michael G. Dailey, Elder Law Co-Chair. Seated (left to right) David S. DeRose, BuildingChair; William J. McCabe, Municipal Law Chair; KathleenKemp, Small Firm/Solo Practice Chair; and Kathleen Helling,Elder Law Co-Chair.
Not shown: John M Noble, ADR Chair; Eric E. Bononi,Business Law Chair; Marnie E. Abraham, By-LawsChair; Edward C. Flynn, Employment & Labor Chair;H. Nevin Wollam, Historical Chair; John M. Campfield,Info Tech Chair; William S. Ferraro, Info Tech Co-Chair;Susan N. Williams, Lawyer Referral Chair; Charles C.Mason, Jr., Legislative Chair; David J. Millstein,Publications (sidebar) Chair; Timothy S. Martin,Publications (WLJ) Chair; H. Keith Hauger,Unauthorized Practice of Law Chair;and Lee R. Demosky, Young Lawyers Chair.
sidebar • 11
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Call Bill Wiker, BrianAston, Ed Gilbert orJon Lewis at (724)
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GREENSBURG OFFICEFOR RENT
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CALL 724-838-9110
PENN TOWNSHIP Newly remodeled office space available. Located onRt. 130. Handicap accessible. (724) 527-2584.
Lawyers’ Exchange*(*Free to all members of the Bar)
program to review the LawyerReferral Service program.
• Approved review of the marketing strategy to look atpreserving the practice of law in Westmoreland County.
• Reported that the Academy of Trial Lawyers agreed tounderwrite $1,000 to benefitthe mock trial program.
• Authorized Pres., Vice Pres.,Pres.-Elect to make decisionsbetween board meeting.
MAY 16, 2000• Accepted Karen Stroka as
participating member.• Reported that bar association’s
general fund will be mergedwith law journal funds beginning in June.
• Approved $2,000 contributionto the Pennsylvania BarAssociation Political ActionCommittee.
• Reviewed bid for upgradingkitchen on second floor andagreed to secure a second bid.
• Discussed the large number ofbar members who registered butdid not attend the annual meet-
ing and agreed to publish noticein the next side bar that pointsout the magnitude of thisexpense and the waste of barassociation funds.
• Agreed to investigate possibleincrease in court-appointed feeswith the civil lit committee andthe family law committeeinvolved with this matter.
• Agreed to recognize BillCaruthers (Sr.) for 50 years’ service as an attorney.
• Agreed to partner with theFutures Commission and St.Vincent to hold town meetingto discuss with the public thefindings of that commission.
• Discussed a proposal for estab-lishing a videoconferencing cen-ter at the WBA headquarters.
• Agreed to send a letter writtenby President Murphy to allCommonwealth Court judgesinviting them to reception onthe 6th of June.
• Approved plan for committeerestructuring as outlined atboard retreat.
• Approved vote on by-law changefor Fall Quarterly Meeting.
news
Actions ofthe BoardAPRIL BOARD RETREAT• Agreed to mail pictorial
directories not yet picked up.• Reported that partnering with
PBI has been implemented with PBI scheduling videotapeseminars at bar headquarters.
• Agreed to circulate membershipsurvey results to all committeechairs and planning committeemembers.
• Endorsed the establishment of a vision group to study thechanging practice of law.
• Authorized expenditure to hosta reception for CommonwealthCourt to replace the SummerQuarterly Meeting.
• Directed ADR Committee to continue their work in educating and promoting mediation and arbitration.
• Adopted policy to restructurecommittees to appoint chairs andvice chairs for two year terms.
• Adopted job descriptions forcommittee members. Membersshould appear and participate at committee meetings and communicate availability formeetings. Post job description onannual committee sign-up letter.
• Agreed to hold committeeluncheon meeting in May tooutline assignments, explainchanges in committee structure,and discuss committee membersinvolvement.
• Approved by-law change whichwill give the past-president voting privileges.
• Approved purchase of photo ofthe current Court of CommonPleas with placement in the barheadquarters.
• Approved visit from theAmerican Bar Association PAR
attending VirginiaTech in the falland will pursue adegree in engi-neering. Noah isthe son of Patriciaand NicholasPappas.
Carlee AmberD’Angelo recentlygraduated fromGreensburgCentral CatholicHigh School. She will attendGannon College in the fall and will pursue a degree in advertising/communications.Carlee is the daugher of Carmineand Joyce D’Angelo and resides in Clarksburg.
“I would like to thank you allagain for giving me the honor of
the Mock Trial award,” saidCarlee. “The award means agreat deal to me personally,and also to my school.”
ExplorersPost VisitsWashington
On April 10 and 11, 2000,the Law Explorers Post of the Westmoreland Bar
Association took a field trip toWashington, D.C. The ExplorersPost, chaired by Jim Wells, is opento high school students interestedin careers in the legal field. Jim and his wife, Dawn, served aschaperones on the trip.
The first day, the group touredthe United States Capitol andobserved a sessionin the Senate.They also visitedthe JeffersonMemorial,WashingtonMonument,Lincoln Memorialand VietnamVeterans Memorial.
On the secondday of the trip, thegroup toured theUnited States Supreme Court,Ford’s Theater and the HolocaustMuseum.
“The students seemed to enjoyvisiting historical places and learn-ing more about their government,”Jim said. “However, as a result ofthis trip, Dawn and I have agreednot to have children.”
12 • sidebar
foundation focus
Looking for a special way to remember someone?
Births • Deaths • Marriages • AnniversariesMaking Partner • Passing the Bar
Since 1991, the Westmoreland Bar Foundation has raised thousands of dollars to assist the poor, disabled, elderly and children in our community. Through the Special Way to
Remember program, you can honor a colleague or loved one with acontribution to the Foundation. Your gift will help serve the needs of ourown who have nowhere else to turn for legal services.
If you would like to make a gift to the Foundation asa meaningful expression of respect, please makecheck payable to the Westmoreland Bar Foundationand mail to WBA Headquarters, 129 N. PennsylvaniaAve., Greensburg, PA 15601.
The Westmoreland BarFoundation recentlyawarded two scholarships
to participants of the county-wide Mock Trial Competition. The Mock Trial Competition is acontest for high school students tocompete in simulated legal trials.Participating students conduct a trial as lawyers and witnesses
before real-life judgesand “juries” and win-ning teams proceedto regional, state andnational playoffs.
Noah Papas, a 2000 graduate ofGreensburg SalemSenior High School,was a member of thewinning Westmore-land team. He will be
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Carlee D’Angelo
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Jim Wells
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Noah Papas
Mock Trial Scholarships Awarded
sidebar • 13
WBF Hosts ChamberBASH at Courthouse
WBA Member Receives Zone 6 Pro BonoAward at PBA Annual Meeting
David J. Millstein (fourth from left) is joined by Westmoreland BarAssociation members and staff atthe annual Pennsylvania BarAssociation meeting where hereceived the Zone 6 Pro BonoAward. Shown, from left to right, are: The Honorable Gary P. Caruso,H. Reginald Belden, Jr., ExecutiveDirector Diane Krivoniak, David J.Millstein, Pro Bono Coordinator Iva Munk, Milton V. Munk, Jr.,President Diane E. Murphy and Robert I. Johnston.
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▲
“Hmmm ... I wonder if I left the iron on at home ...”
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“Get back!Get back!”
“I told you,lady—down thehall and tothe left!”
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For theuninitiated,JanieBeldendemon-strates thetechniquefor greetinga judge.
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report, which did not contain therecommendation. The defendantadmitted negligence in failing toread the entire report, but deniedliability in that no masses were pal-pated in the breast at that time; asix-month follow-up mammogramwould not have required a biopsysince the calcifications had notchanged; and the lesion wouldhave been too small to have beenperceived by repeat mammographyeven if it had been performed.
Plaintiff ’s Counsel: Harry S.Cohen, Harry S. Cohen &Associates, Pgh.
Counsel for Defendant Beth A.Maxwell, M.D.: Christopher C.Rulis, O’Brien, Rulis &Bochicchio, LLC, Pgh.
Counsel for Defendant GYNOAssociates, Inc.: Mark R. Hamilton,Zimmer Kunz ProfessionalCorporation, Pgh.
Trial Judge: The Hon. Daniel J.Ackerman
Result: Verdict for Defendants.
JOANN VARSEL V.CHARLES E. HUDSON
NO. 1012 OF 1997
Cause of Action: Negligence
Plaintiff was mowing defendant’slawn with defendant’s lawnmower.While operating the mower, theside discharge area became cloggedwith grass. As plaintiff tried toremove the clumps of grass, themower lurched backwards, causingthe blades of the mower to strikeher fingers. Injuries included par-tial amputation of the third andfourth fingers of the right hand.Plaintiff alleged that defendant wasnegligent in disconnecting, alteringor removing safety equipment onthe lawnmower, and in failing to
warn plaintiff ofthe same.
The defendantmaintained that,at the time of theaccident, themower was in thecomplete, lawfulcontrol and use ofthe plaintiff. InNew Matter, thedefendant raisescontributory/com-parative negli-gence, assumptionof the risk, and
14 • sidebar
Jury Trial Verdicts continued from page 6
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that plaintiff ’s actions were notreasonably foreseeable.
Plaintiff ’s Counsel: Michael D.Ferguson, Ferguson LawAssociates, Latrobe.
Defendant’s Counsel: Richard F.Andracki, The Law Offices ofRichard F. Andracki, Pgh.
Trial Judge: The Hon. CharlesH. Loughran, President Judge
Result: Verdict for Defendant.
NANCY P. OTTO V. GIANTEAGLE, INC., A PENNSYLVANIACORPORATION, A/K/A GIANT
EAGLE MARKETS, INC., APENNSYLVANIA CORPORATION
NO. 2435 OF 1998
Cause of Action: Negligence—Slip and Fall
As the plaintiff was leaving defen-dant’s store, she tripped over a pro-jection or platform at the base of adisplay counter protruding intothe aisle leading to the exit.Injuries alleged were a fracturedleft wrist, a fracture of the left dis-tal radius, severe bruising of herentire body and that her vision andhearing had been adverselyaffected. Plaintiff claimed thatdefendant was negligent, inter alia,in failing to maintain its premisesin a reasonably safe condition forcustomers and in failing to postwarning signs.
The defendant claimed that itacted with reasonable, ordinaryand prudent care and skill withrespect to the inspection, operationand maintenance of areas under itscontrol. The defendant also
LAWSPEAKAfter all is said and done, we cannot deny the fact that a judge is almost of necessity surroundedby people who keep telling him what a wonderfulfellow he is. And if he once begins to believe it, heis a lost soul.
—Harold R. Medina, Some Reflections on the Judicial Function: A Personal Viewpoint,38 A.B.A.J. 107, 108 (1952)
MICHAEL DEDO, AN INDIVIDUAL V.DISALVO’S INC., A CORPORATION,
T/D/B/A DISALVO’S STATIONNO. 2477 OF 1997
Cause of Action: Unpaid Wages—Arbitration Appeal
Plaintiff was employed by defendant as a line cook.Plaintiff brought this action to recover unpaid over-time wages from March, 1994, through his termina-tion from employment in September, 1995. Plaintiffalso requested liquidated damages and attorney’s fees.
The defendant claimed that plaintiff was fairly andfully compensated for the work performed, none ofwhich consisted of overtime. In New Matter, defen-dant raised the affirmative defenses of the statute oflimitations; Title 29, Part 542 of the Code of FederalRegulations; and the Minimum Wage Act of 1968.
Plaintiff ’s Counsel: Bernard T. McArdle, Stewart,McCormick, McArdle & Sorice, Gbg.
Defendant’s Counsel: John P. Smarto, Gbg. Trial Judge: The Hon. Daniel J. AckermanResult: Verdict for Defendant.
asserted that negligent acts of third parties/entities notaffiliated with the defendant may have constituted anintervening/superseding cause of plaintiff ’s injuries.
Plaintiff ’s Counsel: Christ. C. Walthour, Jr.,Walthour and Garland, Gbg.
Defendant’s Counsel: James F. Rosenberg, Marcus &Shapira, LLP, Pgh.
Trial Judge: The Hon. Charles H. Loughran,President Judge
Result: Molded verdict for Plaintiff in the amountof $600. Causal negligence apportioned 50/50between the parties.
MARCH/APRIL TRIAL TERM
Of the 125 cases on the March/April 2000Civil Division trial lists, 49 settled; 29 werecontinued; 1 was discontinued; 3 moved to
Arbitration; 1 will be non-jury; summary judgmentwas entered in 1; non-suit was entered in 1; and 12were tried to a verdict.
STEVEN B. BUSH V. ROBERT J. KEY AND R.J.K.,INC., T/D/B/A R.J. KEY RACING STABLE
NO. 7991 OF 1996
Cause of Action: Breach of Oral Contract
Defendant engaged the services of the plaintiff totrain his race horses. Plaintiff contended that theoral contract, as well as industry standard regardingcompensation for trainers, included a weekly salary,free housing and 5% of the gross annual purseearnings. Although defendant provided plaintiffwith a weekly salary and free housing, plaintiffmaintained that he never received 5% of the grosspurse for 1992 as per their oral agreement.
Defendant denied that plaintiff was entitled to apercentage of the gross purse earnings of any horseshe trained, and denied that receiving a percentage isstandard in the industry when the trainer is a full-time salaried employee. Defendant alleged that awritten contract or assignment was entered into,whereby plaintiff assigned all training fees withheldby race tracks to defendant, and counterclaimed forcommission checks received directly from out-of-state racetrack and retained by plaintiff.
Plaintiff ’s Counsel: Mark J. Homyak, TheHomyak Law Firm, Pgh.
Defendant’s Counsel: John M. O’Connell, Jr.,O’Connell & Silvis, Gbg.
Trial Judge: The Hon. Daniel J. AckermanResult: Verdict for Plaintiff in the amount of
$44,086.30, and for Plaintiff/CounterclaimDefendant on the counterclaim.
sidebar • 15
continued on page 16
Mediation, arbitrationand
all forms of conflict resolution
John M. Campfield, EsquireVincent J. Quatrini, Jr., Esquire
Dennis Slyman, EsquireW. Bryan Pizzi II, EsquireJennie K. Bullard, Esquire
William M. Radcliffe, Esquire
Telephone 724-850-8ADR (8237)P.O. Box 476 Greensburg, PA 15601
SONJA VON WEILAND V. VIVEKSRIVASTAVA
NO. 1888 OF 1998
Cause of Action: Negligence—Motor Vehicle Accident
Plaintiff alleged that defendant rana stop sign and struck Plaintiffísautomobile broadside on the rightpassenger side, injuring Plaintiff, aguest passenger. Injuries includedan acute cervical antrapezius strainand post traumatic vertigo.
In New Matter, defendant con-tended that the plaintiff failed toallege an election of full tort underautomobile insurance policy, pre-cluding her from maintaining anaction for non-economic loss.Defendant also relied upon plain-tiff ’s receipt of first-party benefitsor worker’s compensation pay-ments to preclude recovery.
Plaintiff ’s Counsel: Susan N.Williams, McDonald, Moore,
Mason & Snyder, Latrobe.Defendant’s Counsel: Scott O.
Mears, Jr., Mears and Smith, P.C.,Gbg.
Trial Judge: The Hon. Daniel J.Ackerman
Result: Verdict for Plaintiff in theamount of $10,000.
JOANNE T. SMAIL,EXECUTRIX OF THE ESTATE OFWILLIAM R. SMAIL, DECEASED
V. JILL M. BERTANINO. 6898 OF 1996
Cause of Action: Negligence—Motor Vehicle Accident
The Plaintiff ’s decedent was travel-ing west, while defendant washeading east. The complaintalleged that defendant lost controlof her car, crossed the center lineand impacted plaintiff ’s decedent’svehicle, resulting in his death.
In Answer and New Matter,defendant contended that plain-
16 • sidebar
Jury Trial Verdicts continued from page 15tiff ’s decedent crossed the centerline, proceeded into defendant’slane of travel and impacted head-on with her vehicle. Defendantasserted that the PennsylvaniaMotor Vehicle FinancialResponsibility Act (MVFRL) operated as a total or partial bar toplaintiff ’s recovery, and raised theComparative Negligence Act.
CHERYL CLINE AND JIM CLINEV. GARY LASCEKNO. 9414 OF 1994
Cause of Action: Negligence—Motor Vehicle Accident—
Loss of Consortium
On December 2, 1992, plaintiffdrove onto the rear entrance of theRiverside Plaza parking lot in NewKensington. After stopping at astop sign and while turning leftinto the parking area, her vehiclewas struck by the defendant’s.Plaintiff alleged, inter alia, thatdefendant was negligent in drivingat an excessive speed, and by oper-ating his vehicle at night withoutlights. Injuries included severechest pain, headaches, injuries tothe upper back and numbness inthe left arm and hand. Her hus-band claimed loss of consortium.
In New Matter, defendantmaintained that he operated hisvehicle in a careful and prudentmanner. The affirmative defensesof contributory/comparative negli-gence and assumption of the riskwere raised. Defendant contendedthat plaintiff ’s recovery was precluded by receipt of first-partybenefits or worker’s compensationpayments.
“Looks real tome, John.”
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“It’s Brut.Why doyou ask?”
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Candid Camera: Inn of Court Dinner
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“It’s true, I’m ajudge. But you cancall me ‘Snookums.’”
Plaintiff ’s Counsel: Michael C. Pribanic, Pribanic &Pribanic, P.C., Pgh.
Trial Judge: The Hon. Gary P. Caruso Result: Verdict for Defendants.
ELIZABETH M. CAMBRUZZI AND ELIZABETH L.CAMBRUZZI V. DAVID B. WHITE
NO. 676 OF 1999
Cause of Action: Negligence—Motor Vehicle Accident
This collision occurred at the intersection of StateRoute 3020 (Barnes Lake Road) and State Route 30in North Huntingdon Township. Plaintiffs’ vehiclewas stopped at a stop sign waiting to make a rightturn onto Route 30 East when defendant’s vehiclestruck the rear of the plaintiffs’ vehicle. The complaintalleged that defendant was negligent, inter alia, in fail-ing to apply his brakes properly. Both plaintiffs allegedtraumatic injuries to the general area of the neck,spine, head and back.
The defendant raised the affirmative defenses ofcontributory/ comparative negligence and assumptionof the risk. Defendant also raised a sudden emergency,in that his brakes failed at the time of the collision.
Plaintiffs’ Counsel: Jeffrey D. Monzo, Belden,Belden, Persin & Johnston, Gbg.
Defendant’s Counsel: Maria Spina Altobelli, Jacobs& Saba, Gbg.
Trial Judge: The Hon. Gary P. CarusoResult: Verdict for Plaintiff in the amount of $5,000.
ERIC A. GALLEY V. LORI L. DRYLIENO. 3654 OF 1997
Cause of Action: Negligence—Motor Vehicle Accident
On July 6, 1995, plaintiff was operating his motorcy-cle in an easterly direction on T-819 in HempfieldTownship, while defendant was heading west. Thecomplaint alleged that plaintiff was making a left turnwhen defendant caused her vehicle to strike hismotorcycle on the right side. Injuries included frac-tured right ankle and foot; all toes fractured on rightfoot; deep lacerations on right and left legs; openwound on right calf; and neck and back injuries.
In her Answer, defendant averred that the collisionwas caused by plaintiff making a left turn immediatelyin the path of defendant’s oncoming vehicle.Defendant pled the affirmative defenses of a JointTortfeasor Release executed by plaintiff ’s passenger, aswell as the provisions of the MVFRL.
Plaintiff ’s Counsel: Bruce W. Blissman, EastMcKeesport.
Defendant’s Counsel: Scott E. Becker, Law Office ofJohn A. Bonacci, Pgh.
Trial Judge: The Hon. Gary P. CarusoResult: Molded verdict for Plaintiff in the amount
of $10,000. Causal negligence attributed 50/50between the parties.
BEATRICE E. PORTER AND CHRISTOPHER J.PORTER, A MINOR, BY HIS PARENT AND NATU-
RAL GUARDIAN, BEATRICE E. PORTER, ANDBEATRICE E. PORTER, IN HER OWN RIGHT V.
JASON MCGEENO. 4271 OF 1996
Cause of Action: Negligence—Motor Vehicle Accident—Arbitration Appeal
On October 11, 1994, defendant was travelingbehind plaintiffs’ vehicle, headed south on FreeportRoad in Arnold. The complaint alleged that defen-dant’s vehicle collided with the rear of plaintiffs’ vehi-cle. Plaintiffs claimed injuries to the neck and back,and that muscles, ligaments, tissues, tendons andnerves were torn and dislocated. Plaintiff BeatricePorter also claimed injuries to the left upper extremityand left hand.
Defendant raised the affirmative defense of contrib-utory/comparative negligence in that plaintiff broughther vehicle to a quick stop, which caused the collision.Defendant also raised the MVFRL, and the amend-ments known as Act 6; assumption of the risk; and thestatute of limitations. The minor’s claim was settledprior to trial.
sidebar • 17
Lawyers Abstract Companyof Westmoreland County
James C. Ripple – Manager
129 NORTH PENNSYLVANIA AVENUEGREENSBURG, PA 15601
Telephone 724 - 834-2822Agents for Commonwealth Land Title
Insurance Company
FULL TITLE SEARCHESTITLE INSURANCE
ABSTRACTSREAL ESTATE & MORTGAGE CLOSINGS
continued on page 18
acquaint the general populationwith what it is that the Common-wealth Court is and what it is thatwe do,” said President JudgeJoseph T. Doyle. “This 30thanniversary is a celebration and wewant to reach out to the publicthrough a special session.”
The Commonwealth Courtconsiders appeals from the Courtof Common Pleas for violations ofrules and regulations of state andlocal agencies as well as directappeals from state administrativeagency determinations. The 11cases heard included arguments onwhether keeping junked vehicleson a property constitutes a nui-sance in and of itself, on the rejec-tion by the Liquor Control Boardof a catering club liquor license for
a volunteer fire company and on aresidency requirement for employ-
ees of the Fort Cherry SchoolDistrict, Washington County.
18 • sidebar
Plaintiffs’ Counsel: John E.Quinn, Mark J. Reiter, Evans,Portnoy & Quinn, Pgh.
Defendant’s Counsel: John C.Donaher, III, Jacobs & Saba, Gbg.
Trial Judge: The Hon. CharlesH. Loughran, President Judge
Result: Verdict for Defendant.
ALLEN DODD V. TAWNYIA DODDNO. 3879 OF 1998
Cause of Action: Negligence
In Summer of 1996, plaintiff wasaligning a trailer hitch, attemptingto connect a camper to a tow vehi-cle operated by defendant. Thecomplaint alleged that defendantbacked up her vehicle, trappingand crushing plaintiff ’s left indexfinger, and causing severe injuriesto the same.
The defendant asserted the affir-mative defenses of contributory/comparative negligence; assump-
tion of the risk; and the MVFRLand Act 6 amendments.
Plaintiff ’s Counsel: Richard H.Galloway, Dennis B. Rafferty,QuatriniRaffertyGalloway, P.C.,Gbg.
Defendant’s Counsel: Kim RossHouser, Mears and Smith, P.C., Gbg.
Trial Judge: The Hon. CharlesH. Loughran, President Judge
Result: Verdict for Defendant.51% causal negligence attributedto plaintiff.
ALICE THIEM V. DAVID P.KUNKLE, AS EXECUTOR/
PERSONAL REPRESENTATIVEOF THE ESTATE OF JOSEPHPAUL KUNKLE, A/K/A PAUL J.
KUNKLE, DECEASEDNO. 2480 OF 1998
Cause of Action: Negligence—Motor Vehicle Accident—
Arbitration Appeal
Jury Trial Verdicts continued from page 17
WBA Welcomes Commonwealth Court continued from page 1
On May 10, 1996, plaintiff wastraveling east on Traffic Route 414(Pinewood Drive) in SewickleyTownship. The complaint allegedthat defendant’s automobile sud-denly and unexpectedly struck theleft driver’s side of plaintiff ’s vehi-cle. Injuries included headaches;neck, shoulder and arm pain; leftshoulder contusions; and aggrava-tion of herniated disc.
The defendant raises, in NewMatter, the affirmative defenses ofcontributory/comparative negli-gence; assumption of the risk; theMVFRL, as well as Act 6; theDead Man’s Act; and the statute oflimitations.
Plaintiff ’s Counsel: Jerome L.Tierney, North Huntingdon.
Defendant’s Counsel: John C.Donaher, III, Jacobs & Saba, Gbg.
Trial Judge: The Hon. CharlesH. Loughran, President Judge
Result: Verdict for Plaintiffs in the amount of $10,000 for economic loss.
(From left to right) CommonwealthCourt Judge Bernard L. McGinley,President Judge Charles H.Loughran, and CommonwealthCourt Judge Emil E. Narick.
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(From left to right) Gino Peluso, The Honorable
James R. Kelley, The HonorableBonnie Brigance Leadbetter,
Tack Hammer, and TheHonorable William J. Ober.
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Bureau, and Westmoreland BarFoundation. The latest CLE sched-ule and activities calendar can alsobe accessed by the general public.
PUBLICATIONSAdvertising rates and copy dead-lines for the Westmoreland LawJournal and the sidebar can befound in this area of the Web site.
WHAT DO YOU WANT TO SEE?In the near future, we hope
to include even more information on our Web site.If you have suggestions onhow to make the Web sitebetter, please drop us a noteby fax (724.834.6855), e-mail ([email protected]), or regular mail (129 N.Pennsylvania Ave.,Greensburg, PA 15601).
sidebar • 19
< w w w . w e s t b a r . o r g >
L ooking for a Bar member’saddress, phone number, orareas of practice? A list of
Bar activities? The schedule ofCLE seminars? Advertising rates for the Law Journal?Visit www.westbar.org, theWestmoreland Bar AssociationWeb site, for access to this information and much more.
Designed to serve the existingmembership, provide useful infor-mation to the general public andattract future members,www.westbar.org has beenvisited over 10,000 times by people in at least 27 countries, including theUnited States, Japan, Saudi Arabia, Australia andCanada, since its inceptionlast February.
Several months ago the sitewas registered with a number ofsearch engines so nonmemberscould find www.westbar.org moreeasily. Here is an overview of whatyou will find when you log on.
ATTORNEY SEARCHClicking on the “Attorney Search”button accesses a database contain-ing information on every WBAmember. Search by name, city orarea of practice when you need tocontact an attorney. If you haven’tsubmitted your information forthis database, please fill out theform on this page and return it tothe Bar office.
MEMBERS ONLYIn order to enter this section of thesite, you must use your user nameand password. If you have forgot-ten either, call the Bar office forassistance.
This part of the site contains alist of current committee assign-
ments, an application for theLawyer Referral Service (LRS),information about the SpeakersBureau and Lawyers Assistanceprograms, an activities calendar anda message board for members tocommunicate with other members.
PUBLIC SERVICESNonmembers have access to thesearchable attorney database andinformation about the LRS, Pro Bono Program, Speakers
IS YOUR INFORMATION ON THE WBA WEB SITE CURRENT?
Please complete form and return to: WBA, 129 N. PennsylvaniaAve., Greensburg, PA 15601, or fax (724) 834-6855.
Name _______________________________________________________
