TABLE OF CONTENTS

Appendix Page

Plaintiff's Motion for Judgment filed Fe bruaey 13, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Defendants' Responsive Pleadings filed June 4, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Notice of Scheduling Conference filed June 6, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Settlement Conference Order of The Honorable Stanley P. Klein

entered July 16, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Scheduling Order of The Honorable Stanley P. Klein

entered July 16, 2002 .......................................... 9

Plaintiffs Designation of Expert Witness Neil A. Green, MD, With Attachments,

filed October 15, 2002 ........................................ 12

Attachments:

Curriculum Vitae of Neil A. Green, M.D.

undated ...........•.................................. 16

Progress Notes by Neil A. Green, M.D. Re: James R. Eckert

dated from May 1, 2000 to June 10, 2002 .................... 19

i

Attachments, continued:

Physical Therapy Treatment & Progress Notes Re: James R. Eckert

dated from April 17, 2000 to May 8, 2000 . . . . . . . . . . . . . . . . . . . . 26

Orthopaedic Consultation with James R. Eckert by Neil A. Green, M.D.

dated April 10, 2000 ..................................... 30

Physical Therapy Initial Evaluation and Treatment Plan for James R. Eckert

dated April 10, 2000 ..................................... 32

Physical Therapy Evaluation of James R. Eckert dated April 13, 2000 . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Plaintiff's Designation of Expert Witness Bruce J. Ammerman, MD, With Attachments,

filed October 15, 2002 ........................................ 35

Attachments:

Curriculum Vitae of Bruce Jorge Ammerman, M.D.

undated .............................................. 39

Follow-Up Note of Bruce J. Ammerman, M.D. Re: James R. Eckert

dated April 24, 2002 .................................... 44

Radiology Reports from Sibley Memorial Hospital Re: James R. Eckert

dated April 17, 2002 ..................................... 45

ii

Attachments, continued:

Follow-Up Note of Bruce J. Ammerman, M.D. Re: James R. Eckert

dated April 1, 2002 ..................................... 47

N eurosurgical Consultation with James R. Eckert by Bruce J. Ammerman, M.D.

dated February 28, 2002 ................................. 48

Plaintiff's Motion for Leave to Increase the Ad Damnum

filed November 7, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

Defendants' Expert Witness Designation of Ian Wattenmaker, M.D.

filed November 12, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

Order of The Honorable Arthur B. Vieregg Re: Denying Plaintiff's Motion to Increase Ad Damnum

entered November 16, 2002 ................................... 57

Defendants' Motion to Amend Responsive Pleadings filed November 19, 2002 ...................................... 58

Defendants' Confession of Judgment filed December 4, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

Plaintift's Motion for Entry of Order of Non-Suit

filed December 5, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63

iii

Order of The Honorable Arthur B. Vieregg Re: Granting Plaintiff's Motion for Entry of Order of Non-Suit, Without Prejudice

entered December 6, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

Letter Opinion of The Honorable Arthur B. Vieregg Re: Concluding Defendants' Confession of Judgment Ineffective67

filed December 9, 2002 ........................•................

Defendants' Objections and Exceptions to the Letter of Opinion Dated December 9, 2002 and His Entry of an Order Granting Plaintiff a Non-Suit on December 6, 2002

filed December 18, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69

Defendants' Notice of Appeal filed January 3, 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73

Written Statement of Facts of The Honorable Arthur B. Vieregg, With Attachment,

entered January 24, 2003 ...................................... 76

Attachment:

Defendants' Confession of Judgment dated December 4, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

Assignment of Error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84

Assignments of Cross-Error . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85

iv

VIRGINIA:

r IL:::~· CIVIL lrT~i .. Ip·

lrilit:

02 FEB 13 p IN THE CIRCIBT COURT OF F AIRF JYeS;pu.Jf·.f: 50

c L £ R K I " ~ I • ,- ,•-; ::.. · ..

James R. Eckert 3193 Pond Mist Way Oak Hill, Virginia 20171

Plaintiff.

) ) ) ) ) )

v. ) AAA Disposal Services, Inc. ) a Virginia Corporation· now by merger ) Republic Services of Virginia, L.L.C. ) SERVE: Commonwealth Legal Service Corp. )

4701 Cox Road, Suite 301 ) Glen ~llen, Virginia 23060 )

and

Miguel Aragon-Campos 1530 Sunny Ridge Ct.# 103 Woodbridge, Virginia 2219

Defendants

) ) ) ) ) ) )

MOTION FOR JUDGNIENT

FA1~~fxu1r ca·uRr M , YA

AtLawNo.: ~ )C/;;?j

Plaintiff, James R. Eckert, by counsel, moves for judgment against Defendants

AAA Disposal Services, Inc., a Virginia Corporation, and Miguel Aragon-Campos on

the grounds and in the amount set forth below:

1. The Plaintiff is a resident of Fairfax County, Virginia, residing at the

address appearing in the caption.

2. Defendant Aragon-Campos is a resident of Prince William County,

Virginia, with his last known address being the address appearing in the caption.

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3. Defendant AAA Disposal Services, Inc., is a Virginia Corporation with its

registered office located in the County of Fairfax, Virginia, at the address that appears

in the caption.

4. On or about February 17, 2000, at approximately 3:10 p.m., the Plaintiff,

James R .. Eckert was one of the five motorists injured in a daisy chain automobile

_accident on West Ox Road, in Fairfax County, Virginia, when a AA.A trash disposal

truck owned by the corporate Defendant, being used in the course of its business, and

driven by Defendant Aragon-Campos collided firstly with a. vehicle (Cheyrolet Pick-up

truck) driven by Roger B. Wood, secondly the vehicle (Dodge Van) driven by the

Plaintiff, and then three others motorists, which were then stopped in a line of traffic.

5. At that date and time, Defendant Aragon-Campos was employed by

Defendant AA.A Disposal Services, Inc. as its agent and servant and drove and/or

operated the truck owned or operated by the Defendant, AA.A Disposal Services, Inc.,

· with its authority and consent.

6. At that date and time, Defendant AA.A Disposal Services, Inc., by and

through its agent and servant, so recklessly, carelessly and negligently drove, managed,

operated and controlled the vehicle that the vehicle was caused to and did first strike

the stopped Chevrolet pick-up truck of Roger B. Wood, causing that vehicle to crash

into Plaintiffs automobile with great force and violence, which in tum was caused to

crash into the stopped Toyota station wagon of Nianani Farideh in front the plaintiffs

vehicle.

7. At that date and time, Defendant Aragon-Campos, so recklessly, carelessly

and negligently drove, managed, operated and controlled the vehicle that the vehicle

was caused to and did first strike the stopped Chevrolet pick-up truck of Roger B.

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Wood, causing that vehicle to crash into Plaintiffs automobile with great force and

violence, which in tum was caused to crash into the stopped Toyota station wagon of

Nianani Farideh in front the Plaintiffs vehicle.

8. As a direct and proximate result of the said reckless acts and negligence of

the Defendants, Plaintiff was 'caused to sustain serious and permanent injuries, has

been prevented from transacting his business and household duties, has suffered and

continue to suffer great pain of body and mind; and has incurred and will incur in the

future hospital, doctors' and related bills in an effort to be cured of said injuries.

WHEREFORE, Plaintiff demands judgment against each Defendant in the sum

of SIXTY THOUSAND AND NO/I 00 DOLLARS ($60,000) and his costs in this behalf

expended all with interest as allowed by law.

Thomas J. Stanton, VSB # 6107 221 South Fayette Street Alexandria, VA 22314 (703) 299-4445 Counsel for Plaintiff

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J arnes R. Eckert By Counsel

OWLER, GRIFFIN, OYNE, COYNE, . PATTON, P.C. ltomeys at Law :'inchester. Virginia

VIRGINIA: QI") 1···1 r ,.. .•• '"'·a~ , 11 Jr - I t"' ,..; "'• 1 ~ ,,,,..~ ....... _, • tt '-

IN THE CIRCUIT COURT OF FAIRFAX COUNTY'-· . - . · . . ~- ':-' __ Cl. E F~ /. Cl ;· .. G L: ( C 0 U i·\ I

JAMES R. ECKERT,

·Pfaintiff

v.

AAA DISPOSAL SERVICE, INC. and MIGUEL.A~AGON-CAMPOS,

Defendants

F.i:.. l i·~ f:!\. ;<. V.~

AT LAW NO. 201929

· .·. RESPONSIVE PLEADINGS

NOW COMES, AAA Disposal Services, Inc. and Miguel Aragon-Campos,

by counsel, and for their response to the Motion for Judgment filed against them

state as follows:

1 . Your Defendants are without sufficient information to admit or deny

the averments of Paragraph 1 of the Plaintiff's Motion for Judgmen~ and therefore

deny the same.

2. Your Defendants admit that Miguel Aragon-Campos is a resident of

the Commonwealth of Virginia .

3. Your Defendants admit that AAA Disposal Services, Inc., is a

corporation doing business in the Commonwealth of Virginia with its registered

office located in Fairfax, Virginia.

1

·:..

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:;"OWLER, GRlFFIN, :OYNE. COYNE, ~ PATION. P.C. ~ttomeys at Law Winchester, Virginia

4. To the extent that Paragraph 4 of the Plaintiff's Motion for Judgment

avers that on February 17, 2000, the plaintiff was involved in an automobile

accident with multiple vehicles, including a AAA trash disposal truck being driven

by Mr. Aragon·Campos, your Defendants admit the averments. The Defendants

deny the remaining averments of Paragraph 4 of the Plaintiff1s Motion for

Judgment.

5. Your Defendants admit the averments of Paragraph 5 of the

Plaintiff's Motion for Judgment.

6. To the extent that Paragraphs 6 and 7 allege that Miguel Aragon·

Campos as an employee of Defendant AAA Disposal Services, Inc., operated a

vehicle which struck the Chevrolet Pick·up Truck of Roger B. Wood, your

Defendants admit the averments; to the extent that these two paragraphs contain

conclusions of law, no response of your Defendants is required and none is given.

Your Defendants deny the. remaining factual averments of Paragraphs 6 and 7.

7. Your Defendants deny the averments of Paragraph 8 of the

Plaintiff's Motion for Judgment.

8. To the extent not admitted, all remaining factual avertnents in the

Motion for Judgment are denied.

WHEREFORE, having fully answered the Motion for Judgment filed against

them, your Defendants respectfully move that this Court dismiss this cause of

action against them. AAA Disposal Services, Inc. and Miguel Aragon·Campos

2

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:owLER. GRIFFIN. :OYNE. COYNE, 'PATION. P.C. \ttomeys at Law Vinchester, Virginia

By counsel:

J. D id Griffin, Esq., St e Bar No. 29002 FOWLER GRIFFIN COYNE COYNE & PATION, P.C. 29 North Braddock Street Post Office Box 403 Winchester, Virginia 22604 (540) 667-6400 (540) 722-4828 Facsimile Counsel for Defendants

CERTIFICATE

I certify that on the 3n:t day of June, 2002 a true copy of the foregoing pleading was mailed postage prepaid to Thomas J. Stanton, Esq., Stanton & Associates, 221 South Fayette Street, Alexandria, Virgi · 314.

~

3

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FAIRFAX CIRCUIT COURT NOTICE OF SCHEDULING CONFERENCE

LAW TRACK

JAMES R ECKERT

vs. Case No. CL-2002-0201929

AAA DISPOSAL SERVICE, ETAL.

Defendant.

To: THOMAS J STANTON PLAINTIFF ATIORNEY 221 S FAYETTE STREET

ALEXANDRIA VA 22314

In an effort to resolve your case quickly and fairly, the court has placed a Scheduling Conference for this case on the docket. At the conference, we will establish a trial date and discovery schedule, and deal· with other pre-trial matters. We will also discuss whether a settlement conference is appropriate. DO NOT SET THIS CASE FOR TERM DAY.

You are to appear for the Scheduling Conference at 08:30 AM on Tuesday, July 16, 2002, on the fifth floor of the Judicial Center, 411 O Chain Bridge Road in Fairfax. Courtroom assignments will be posted on the bulletin board there. Please make SURE that all of the following things have been taken care of BEFORE the Schedul~ng Conference:

1. Resolve all demurrers, pleas in bars, motions to quash process and other special pleas. Set them down for argument on a Friday Motions Day.

2. Check service of process on each defendant. If a defendant has not been served, either obtain service or be prepared to explain why service has not been effected.

3. If any defendant is in default, obtain a default judgment against him, if possible, or at least a judicial declaration that he/she is in default.

4. Corporations must be represented by counsel.

If there is a problem with the assigned date, please contact the Case Management. ~taff at (703) 246-2880, AT LEAST TEN DAYS before the scheduled conference.

The Judges of the Fairfax Circuit Court 0610612002

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\ --VIRGIN I A:

IN THE CIRCUIT COURT OF FAIRFAX COUNTY

---..E----~~.o..;;a;;;::ec __ \-______ > Plaintiff(s) )

) versus ) Case No. '2..D l Cf Z..0,

\

AAA JJs~ Si~, e! a k l Defendfnt(s)'"

SETTLEMENT CONFERENCE ORDER ·.

A SCheduling Conference was held ~ 7 l I le j O ?..., . At that time, the Court found that a Settlement ConterS ce wa appropriate in this case; it is therefore ORDERED:

1. _ J A Settleme~t C}nference is scheduled before a 9(Nai.KJ:al Case E•&al1.1ator) ~ .on 12- ~ 34 0 2- at 8:30 a.m.

2.

3.

A factual statement of the case must be submitted to the Case Management Office no later than fave (5) business days before the Settlement Conference.

Lead counsel for each of the parties and the parties (or if applicable, the 'insurance adjuster with authority to settle) must attend the settlement conference, unless excused in advance by the Judge or Evaluator conducting the conference. However, parties (or adjusters) who reside over 50 miles from the Fairfax Courthouse may be available by phone.

ENTERED this _J_h __ day of J.._ I -; . /

,20 Ol- .

Counsel for Plaintiff( s)

Se.ob io ava//ah 6 Counsel for Defendant(s)

' .. (7100-dctpsetl.ord}

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) """-..! ~ -----r

VIRGINIA:

IN THE CIRCUIT COURT OF FAIRFAX COUNTY

JAMES R. ECKERT ) ) ) ) ) )

'lain tiff( s)

versus Case No. iOJ 1~ 1

AAA DISPOSAL SERVICE· INC. et al Defendant(s)

SCHEDULlNG ORDER

THE SCHEDULING CONFERENCE was held _ __.J_u_ly......-1_6_, _2 .... 0_02 ____ _

After discussing the various issues presented, it was ORDERED:

I.

II.

m.

Trial ~

The trial date is \\ \ ?'1\ o:Z: €~ (with0tit ajwy). The estimated length of the trial is

1 '2- da. ( S .

Di8covexy

The parties shall complete discovery, including depositions, by thirty {3 0) days before trial; however, depositions taken in lieu of live testimony at trial will be permitted until fifteen. (15) days before trial. "Complete" means that all interrogatories, requests for production, requests for admissions and other discovery must be served sufficiently in advance of trial to allow a timely response at least. 30 days before trial. Depositions may be taken after the specified time period by agreement of counsel of record or for good cause shown, provided howeyer, that the taking of a deposition after the deadline established herein shall not provide a basis for continuance of the trial date or the scheduling of motions inconsistent with the normal procedures of the court. The parties have a duty to seasonably supplement and amend discovery responses pursuant to Rule 4: 1 (e) of the Rules of the Supreme Court ofVtrginia. "Seasonably" means as soon as practical. No provision of this Order supersedes the Rules of the Supreme Court of V:trginia governing discovery. Ally discovery motion filed shall contain a certification that counsel has made a good faith effort to resolve the matters set forth in the motion with opposing counsel.

Designation ofExPerts .•

I~ If requested in discovery, plaintiff's, counter-claimant's, third party plaintiff's and cross-

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claimant's experts shall be identified on or before 90 days before trial. If requested in discovery, defendant's and all other opposing experts shall be identified on or before sixty ( ~O) days before trial. If requested in discovery, experts or opinions responsive to new matters raised in the opposing parties' identification of experts shall be designated no later than forty-five ( 45) days before trial. If requested, all information discoverable under Rule 4:1 (b) (4) (A) (1) of the Rules of the Supreme Court of Virginia shall be provided or the expert will not ordinarily be permitted to express any non-disclosed opinions at trial. The foregoing deadlines shall not relieve a party of the obligation to respond to discovery requests within the time periods set forth in the Rules of the Supreme Court of Virginia, including, in particular, the duty to supplement or amend prior responses pursuant to Rule 4: 1 (e).

IV. Dispositive Motions

All dispositive motions s~all. be presented·to.tJ1e court for hearing as far in advance of the trial date as practical. All counsel of record are encouraged to bring on for hearing all demurrers, special pleas, motions for summary judgment or other dispositive motions not more than sixty ( 60) days after being filed.

V. Exhibit and Witness List

Counsel of record shall exchange fifteen ( 15) days before trial a list specifically identifying each exhibit to be introduced at trial, copies of any exhibits not previously supplied in discovery, and a list of witnesses proposed to be introduced at trial. The lists of exhibits and witnesses shall be filed with the Clerk of the Court simultaneously therewith but the exlubits shall not then be tiled. Any exhibit or witness not so identified and filed will not be received in evidence, except in rebuttal or for impeachment or unless the admission of such exhibit or testimony of the witness would cause no surprise or prejudice to the opposing party and the failure to list the exhibit or witness was through inadvertence. Any objections to exhibits or witnesses shall state the legal reasons therefor except on relevancy grounds, and shall be filed with the Clerk of the Court and a copy delivered to opposing counsel at least five (5) days before trial or the objections will be deemed waived absent leave of court for good cause shown. ·.

VI. Pretrial Conferences

Pursuant to Rule 4:13 of the Rules of the Supreme Court of Virginia, when requested by any party or upon its own motion, the court may order a pretrial conference wherein motions in limine, settlement discussions or other pretrial motions which may aid in the disposition of this action can be heard.

VII. Motions in Limine

Absent leave of court, any motion in limine which requires argument exceeding five ( 5) minutes shall be duly noticed and heard before the day of trial.

2 -10-

CT/112000-ddpschd.ord)

VITI. Witness Subpoenas

Early filing of a request for witness subpoenas is encouraged so that such subpoenas may be served at least ten (10) days before trial.

IX. Continuances

Continuances will only be granted by the court for good cause shown.

X. Jurv Instructions

Counsel of record, unless compliance is waived by the court, shall, two (2) business days before a civil jury trial date, exchange proposed jury instructions. At the commencement of trial, counsel of record shall tender the court ~he originals of all agreed upon instructions and copies of all contested instructions with appropriate citations. This requirement shall not preclude the offering of additional instructions at the trial.

XI. Deposition Transcripts to be Used at Trial

Counsel of record shall confer and· attempt to identify and resolve all issues regarding the use of depositions at trial. It is the obligation of the proponent of any deposition of any non-party witness who will not appear at trial to advise opposing counsel of record of counsel's intent to use all or a portion of the deposition at trial at the earliest reasonable opportunity. It becomes the obligation of the opponent of any such deposition to bring any objection or other unresolved issues to the court for hearing before the day of trial.

XIT. Waiver or Modification of Terms of Order

Upon motion, the time limits and prohibitions contained in this order may be waived or modified by leave of court for good cause shown.

ENTERED this J b clay of j '-" ) 7 , 20 0 2-, .__.;;;,.._~!....___ __

Counsel for Plaintiff (s)

Senh io aWAilllb~ da fe:3 Counsel for Defendant(s)

3 -11-

VIRGINIA:

Jam.es R. Eckert,

Plaintiff,

v.

AAA Disposal Service, Inc., And Miguel Aragon-Campos,

Defendants.

) ) ) ) ) ) ) ) ) )

.. Jc i I:·~ -;. -=-r·~ .: ·,( c·_u~?<. CIRC!V'" L/1U~;T

FA!Ri:-;,x, .';~,

At Law No. 201929

DESIGNATION OF EXPERT WITNESSES

To: J. David Griffin, Esquire Fowler Griffin Coyne Coyne & Patton, PC 29 North Braddock Street Winchester, Virginia 22604

COMES NOW the Plaintiff James R. Eckert, by counsel, and for

pursuant the Status Conference Order entered in this matter, designates as an expert witness:

Neil A. Green, MD Phillips & Green, M.D. limited Partnership 9400 Livingston Road Fort Washington, Maryland 20744

The information provided in this Designation is preliminary and subject

to change or supplementation as additional information becomes available prior

to trial. It has not been reviewed or approved by the expert designated.

The witness is expected to testify in part based on his examination of the

patient and the history taken, his own and Dr. Am.merman's evaluation of the

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tests taken, the CT scan and MRI's of the patient, and the physical therapy

and treatment given the Plaintiff, and also based on his general knowledge,

education, and experience.

In the event, the designated witness is unavailable for trial, Plaintiff

reserves the right to substitute another witness or witnesses in the same

discipline to testify as to facts and opinions disclosed herein.

The information provided herein is not intended to be complete or

exhaustive of each and every matter about which the witness may testify. The

information provided herein does not purport to be in the exact language of the

expert, since this Designation was prepared by others.

Dr. Green will testify as an orthopedic expert. He is expected to testify

concerning his qualifications set out in the attached resume, and the fact that

he is a licensed medical doctor in the State of Virginia, as well as Maryland,

New York and the District of Columbia. He will testify that he is a partner of

Phillips & Green M.D., Limited Partnership, and experienced in general and

orthopedic surgery, rehabilitation and occupational specialist. He will testify

that he has more than 25 years experience in medical practice. He will testify

that he has treated and examined the Plaintiff soon after the injuries were

sustained February 17, 2000. He will indicate he has given the Plaintiff a

complete physical examination and examination of the lumbar spine reveals

tenderness is noted in the lower paralumbar area. He will testify that he has

-2-

-13-

reviewed the Plaintiff's MRI report, which showed a herniated nucleus pulposus

on the right at C5-C6 and a tiny disc herniation on the right in the thoracic

spine at T9-Tl0. He will testify to other facts contained in the attached

reports, the patient's medical records and the reports and records of Dr.

Ammerman.

He will testify that in his opinion and based upon a reasonable medical

certainty that Plaintiff's injuries were caused by the accident and that the

patient can no longer actively engage in sports· and other ·active physical

activities. He will testify that he has referred the patient for further care and

treatment by Dr. Ammerman. He will also testify as to the amount of his bill

to the date of trial, that such cost was both necessary for the treatment of the

Plaintiff and reasonable in this area. He will also testify that the medicial bills

of Dr. Ammerman and the other health care providers are reasonable and were

necessary for the treatment of the Plaintiff.

At the time of fi.Iing this designation the witness was on vacation and was

not able to review the recent de~erminati.on of permanent disability of Dr.

Ammerman. After his return, in approximately week, the Plaintiff reserves the

right to supplement this designation.

Respectfully submitted, James, R. Eckert By Counsel

-3-

-14-

Thomas J. Stanton, VSB # 6107 221 South Fayette Street Alexandria, VA 22314 703-299-4445 Counsel for Plaintiff

CERTIFICATE OF SERVICE

I hereby certify ~t a true copy of the foregoing was mailed, first-class postage prepaid this _£_ day of Qctober 2002 to J. David riffm, Esquire, 29 North Braddock Street, Wirichest~r, Virginia 22604, c sel to Defendants.

Thomas J. Stanton

-4-

-15-

CURRICULU~IVITAE

NAN!E: Neil A. Green, M.D.

OFFICE ADDRESS:

1.

2.

3.

4.

EDUCATION:

2600 Virginia Avenue, N.W. #604 Washington, D .C. 2003 7

9400 Livingston Road #210 Fort W asbington, j\lfD 207 44

8403 Colesville Road # 160 Silver Spring, j\lfD 20910

6404 C Seven Comers Place Falls Church, VA 22044

Premedical Education

Union College Schenectady, N.Y.

Medical Schoo I

(202) 337-0123

(301) 248-2100

. (301) 495-2626

(703) 534-9680

Dem-ee

B.S. 9/67-6/71 cum laude

Graduation

June, 1971

Vanderbilt University School of Medicine M.D. 8171-5175 Nashville, TN

May, 1975

Internships The New York Hospital .

Camell Medical Center, N.Y., N.Y.

Residencies

. . Montefiore Hospital & Medical Center Albert Einstein College of Medicine,

Bronx, N.Y.

Fellowship

The Hospital for Special Surgery-Cornell Medical Center Memorial Hospital, N.Y., N.Y.

-16-

Service General Surgery 7175-6176

Orthopaedic Surgery 717 6-6179

Surgery of the Hand-Upper Extremity 7179-6/80

Page Two . Neil A. Green, M.D.

Curriculum Vitae

BOARD CERTIFICATION-AC.ADElVIIC MEMBERSIDP:

American Board of Orthopaedic Surgery, 1981 Fellow, Inter. College of Surgeons, elected 1982 American Association for Hand Surgery, elected 1982 Fellow, American Academy of Orthopaedic Surgeons, elected 1983 Fellow, American College of Surgeons, 1985 · Fell ow, American Academy of Disability Evaluating P.hysicians, 1996 Diplomate, The American Board of Forensic Examiners, 1996

STATES LICENSED:

District of Columbia Maryland Virginia

ORGANIZATIONS:

12037 D-24382 31570

American Medical Association District of Columbia

American Medical Association State of Maryland

.American Medical Association Prince George's County, Maryland

New York 127669 (Inactive)

Maryland Society of Orthopaedic, Rehabilitation, and Occupational Medical Specialists -Vice President 1989-1990 -President 1991-1992

Maryland Orthopaedic Society

The President's Committee on Employment of People With Disabilities- 1989-1994

HOSPITAL AFFILIATIONS:

Southern Maryland Hospital Center Clinton, Maryland

Sibley Memorial Hospital Washington, D. C.

Fairfax Hospital Fairfax, Virginia.

-17-

Page Three - Neil A. Green, M.D.

Curriculum Vitae

PUBLICATIONS, PAPERS & PRESENTATIONS:

"The Neurile11:1oma in the Extremity", presented to the New York Academy of Medicine, 1978.

"Popliteal Pseudoaneurysm Complicates Multiple Osteocartilaginous Exostoses", Orthopaedic Review, Vol. X, No. 11, November, 1981. ·

"Spherical Triaxial Total Wrist Replacement", presente~ to the New York Society for Surgery of the Hand, December, 1979, published May, 1982, by Mosby Publishers in the American Academy of Orthopaedic Surgeons Symposium on Total Joint Replacement of the Upper Extremity, (Co-authors C$. Ranawat, A.E. ~glish, and L.R. Straub).

"Total Shoulder Replacement in Sickle Cell Disease", submitted to C.0.R.R. (Co-authors R. Warren and B. Wexler).

"Treatment of Metacarpal & Phalangeal Fractures", presented to Washington Hand Symposium, April, 1986. .

"Carpal Tunnel Syndrome", presented to Washington Hand Symposium, 1988.

""What's New in Carpal Tunnel Surgery", presented to Medical and Chirurgical Faculty of the State of Maryland, annual meeting April, 1989.

-18-

Jeffrey H. Phillip~, M.D., Ph.D., F.A.C.S NcH A. Green, M.D., F.A. C.S.

· c 2600 Virginia Avenue. NW #604 Washington, DC 20037

(202) 337-0123

/ p 6404C Seven Comc:rs Place

• Falls Church, VA 22044 (703) 534-9680

PROGRESS NOTE (FINAL) 6-10-02

PHILLIPS & GREEN, lVI.D. LIIVIITED PARTNERSHJP

Practice Limited to Orthopac::tlic Surgery Arthroscopic Surgery Surgery of tht: Hand

. By Appointment Only

o 9400 Livin2sto11 Road #210 Fort Washington. MD 20744

(301) 248-2 l 00 Fax: (301) 248-2 182

RE: Eckert, J runes R. DA: 2-17-00

Fredric L. Salter, M.D., F.A.C.S. Richard S. Meyer, M.D., F.A.A.O.S.

o 8403 Colc:svillc:: Road II 160 SHvc::r Spring, .MD 20910

(30 I) 495-2626

o 656 Quince Orchard Roud # 100 Gaithersburg, MD 20878

.(301) 590-2609

Patient returns this date. He states he did see Dr. Ammerman. He did have a post-myelogram CT. My records, however, from Dr. Ammerman states that "the post-myelogram CT was inconsistent with a herniated disc at C5-6." Discussion with the patient, however, reveals that he was. told by Dr. Ammerman that the rnyelogram was consistent with a herniated disc, and he is still· having paresthetic component that is somewhat improving by history. He has limited his activities, however, because of a knee problem unrelated to this incident for \.~hich. he is under another physician's care. He will be following with Dr. Ammerman in July.

Examination reveals that his motion through the cervical area is generally comfortable but there is scarring through his terminal .ranges. His neurological examination remains unchanged and I will not test his Spurling's maneuver at this time in view of the lVIRI findings.

Discussion: The patient's numbness is on an intermittent basis and ultimately it will be between the patient and Dr. Ammerman to decide if surgical intervention will be undertaken. Forttinat~ly, his EMGs and nerve conduction studies were within normal limits. I, therefore, will close his acute chart at this time in our office but instmcted him to follow with Dr .. Ammerman. Patient has been advised to discontinue any medication prescribed by the physicians in this office.

All services and treatment rendered in this office are a result of the injuries sustained 2-1 7-00.

''Yl.~ill~ 1

]Neil A. Gre'1, M.D.

'NAp:veg

-19-

'Jeffrey H. Phillips, M.D., Ph.D., F .A.C.S. Neil A Green, MD., F.AC.S.

Fredric L. Salter. MD., F .AC.S. Richards~ Meyer, !YiD., F .A..A.0.S.

PROGRESS NOTE 03-04-02

-·-·-------- .... -·-·--·-----PHILLIPS & GREEN, J.VI.D.-- - . LllWTED P ARTNERSHlP

Practice Limited to Orthopaedic Surgery Arthroscopic Surgery Surgery of the Hand

By Appointment Only

RE: Eckert, Jam.es R. DA 02-17-00

Please Reply to; o 9400 Liinllgston Road, #21 O

Fort Washington, MD 20744 (301) 248-2100

o 2600 Virginia. Avenue, NW, #604 Washington, DC 20037

(202) 337-0123

ci6404C Seven Comers·Place /\ Falls Church, VA 22044

(703) 534-9680

o 8403 Colesville Road, #160 Silver Spring, MD 20910

(301) 495-2626

Patient returns this date. He did have an MR.I, which showed a herniated nucleus pulposus on the· right at C5-C6 and a tiny disc herniation on the right in the thoracic spine at T9-Tl0. He states that he had also seen Dr. Ammerman who did not have the benefit of the MRI at that time but he told the patient th.at he thought that he did have a right-sided herniated disc at the CS level.

The patient tells me that after he was discharged on 08-22-00, he started to resume his normal activities, though he states that he hit a window. He states that if he tried to lift bis daughter or make any attempt at lifting certain heavier objects that he was easily able to do prior to the 02-17-00 incide~t, he would develop pain within the cervical area.. He has had no bowel or bladder problems. He is now having paresthesias in both the upper extremities.

Physical exammation reveals he stands erect and bears weight equally over both lower extremities. Cervical motion is full. There appears to be no spasm noted. He still has a positive Spurling maneuver on the right. Els reflexes are intact. His Phalen' s and Tinel' s are negative at the wrist, though reports soµie diffuse sensory changes in bis hand at the C7 dermatomal pattern.

Examination of the dorsolumbar area reveals tenderness in the dorsal area is noted. Range of motion of the lumbar area is comfortable. He ambulates without limp. Reflexes in the lower extremities are intact. Power appears to be intact.

Recommendation: 1) He is to participate in no athletics at this time. Dr. .Ammerman has told him the same thing. 2) He should follow-up with Dr. Ammerman for acute follow-up and give Dr . .Ammerman the M:R.I's. 3) If he has any worsemng of this proble~ particularly as related to bowel or bladder problems or increasing numbness, he is to contact Dr. Ammerman right away. If he cannot reach Dr. .Ammerman, he is to call us. 4) He will have EMG' s and nerve conduction studies of the upper extremities done to rule out radiculopathy. 5) He will see us after the EMG' s.

-20-

Jeffrey H. Phillips, MD., Ph.D., F AC.S. NeilA Green, MD., F.AC.S.

Fredric L. Salter, M.D., F .A.C.S. Richard S. Meyer, MD., F.A.A.O.S.

PHiI.i.ff>s & GREEN, M.l>. Lll\'.llTED P ARTN.EltSBIP

Practice Llinited ~o Orthopaedic Surgery Arthroscopic Surgery Surgery of the Hand

By Appointment Only

Re-Evaluation 02-11-02

Re: Eckert, Jam.es R. Da: 02-17-00

Please Reply to: o 9400 Livingston Road, #210

Fort Washington., MD 20744 (301) 248-2100

o 2600 Virginia Avenue, NW, #604 Washington, DC 20037

/ (202) 337~123

f 6404C Seven Comers Place Falls Church, VA 22044

(703) s 34-9680

o 8403 Colesville Road, #160 Silver Sprin& MD 20910

(301) 495-2626

Patient returns this date. ~e has not been seen for a significant period of time. He states that since he was last seen, he did go back golfing; but he could never carry bis bag. He states that he has had periods of remissions and exacerbations of symptomatology and he has changed his life style to accommodate this. He states that, however, he has tried to do some sw.imming and some push-ups and sit-up and he states the pain in·his cervical area has worsened. He states he does have some radiation into the right upper extremity. He has had no bowel or bladder problems. No overall change in his health or history of other traumatic events. He also indicates another problem that he is having, is that he has to carry scientific ~~ts for bis job and he has been imposing· upon his co-workers and friends to help him and this has caused him some difficulty.

· · Examination of the cervical spine reveals motion is full There is no spasm noted, but he has tenderness over the C6-C7 interspinous processes in the lower cervical region. His shoulder, elbow, hand, and wrist motion are satisfactory. $ensation is intact. Phalen' s and Tin.el' s ai:e negative. Reflexes are symmetri~al. Spurling' s maneuver is positive on the right.

X-rays taken this office today of the cervical gpine show no acute fraq;ures or dislocations. There are minimal degenerative changes. His original films are in storage and I will endeavor to have them . brought out for comparison.

Impression: Based on the history given to ~e by this gentleman, his cervical pain resultant from the injuries that he sustained on 02-17-00 never fully resolved. I have, therefore, ordered ~other lVfRI to be done of the cervical area to see if there is any specific changes within the disc. I have also referred him to Dr. Bruce Ammerman for neurosurgical consultation in view of the positive Spurling' s maneuver with some radiation to the right upper shoulder. He will be re-evaluated by us the~eafter.

NAG/tad Neil A Gree;:m . -21-

:fe.ffrey H. Phillips, 1YLD., Ph.D., F ..A.C.S. NeilA Gre=, M.D .• FAC.S. Fredric L. Salter, M.D., F AG.S. Riciµlrd S. Meyer, MD . ., F -~O.S.

PIDI.I.fPS & GREEN, M.D. Limited Partnership

Practic:: Limited to Orthopaedic Surge:y Attbroscopic Surgery · Surgezy of the Hand

By Appointment Only

Progress Note(FIN.AL) 8-22-00 .

RE: Eckert, James R. DA: 2-17-00

Please Reply To: O 9400 Livingston.Ro~ #210

Fort W~oto~ MD 20744 301 .. 248 .. 2100

0 2600 Virginia.Avenue, N.W., #604 Washington, DC, 20037

202 .. 337-0123

t. 6404C Seven Came:s P1a.c:: Falls Church, VA 22044

i03·534-9680

0 8403 Colesville Roa~ #160 Silver Spring, 1vID 20910

301-495-2626

Patient returns this date. He had an lV1RI at my request, which fortunately was unremarkable. No evidence of signi:ficant disc bulge or Frank herniation. There were no other abnormalities noted. He states that he has

· dramatically improved. He is resuming most of bis normal activities including playing golf. He states that at times he does have some discomfort.

Examination reveals that his cervical. motions are full at this time. There is no tenderness or spasm. Rotation is done welL Reflexes appear intact about the upper extremities. He reports no numbness.

Plan: Based on the negative MRI, bis history that .he is improving and satisfactory clinical examination. I feel that he can be discharged from our care. He is to retum jf he has recurrent symptomatology. His acute chart is closed. Patient bas been advised to discontinue any medication prescnbed by the physicians in this office. ..-'\ll services and treatment rendered in this office are a result of the accident of 2-17-00.

~a~ Neil A Green, M.D.

NAG:djs

-22-

Jeffiey E. Phillips, MD., Ph.D., F _.1._C.S. Neil A Gr=u, MD., F AC.S.

Fredric L. Salter, MD., F .A.C.S. Richard S. Meyer, MD., ~LD., F -:L~-o.s.

·.~ .....

PHTI,I .IPS & GREEJ.""f, M..D. LF/IlTED PARTNEltSlilP

Practice Limited to Orthopaedic Surgery J1..rtbroscapic Surgery Surgecy of the Band

By Appomtme:m: Only

Progress Note ·.· 6-13-00

. -.Re: Eckert, James Da: 2-17-fJO

-Please Reply to: 0 9400 Livingston Read, #210

Fart Wasiringt..on, .MD 20744 . (301) 248-2100

o 2600 VU'gillia.Avcnue, NWJ #604 Wasiringt~ DC 20037

(202) 337-0123

d' 6404C Seve:i. Come:s Plac~ Falls Ch.ilrch, YA 22044

(703) 534-9680 .

o 8403 Colesville Road, i160 Silve:rSpting, MD 20910

(301) 495-2626

Patient retums this date. He is still having pain in the cervical area. He has no local complaints. There is some pain radiating to the left shoulder.

ExJ1rnina:ti.on reveals motion of the cervical area is full There is tenderness .in the left paracervical area T.n.ere is no palpable spasm. Refle"""tes and sensation appear to be .intact.

Plan: He has persistent pain in the cervical area. I have ordered a NfRI to the cervical area to rule out herniated disc. He will be re-evaluated after the N1RI is perf01ID.ed ..

Neil A Greo...n, :tviD.

NAG:Jlh

-23-

Jelfrey H. Phillips, M.D . ., Ph.D . ., F .A..C.S. Neil A Green., MJ) . ., F ..A.C.S.

Fredric L. Salter., MD., F AC.S. Richard S. Meyer., .M.D . ., MD . ., F .A.A.0.S.

PRTI.r.rps ~GREEN, M.D .. LilVllTED p AR.TN.EB.SEIP

Practice Limited to Orthopaedic S1.11'gery .Artbrosccpic Surgery Surgery of the Hand

By Appointment Only

PROGRESS NOTE 5-22..QO

RE: Eckert, James R. DA 2-17-00

. Ple:JSe Reply to:

o 9400 Livingston Road, #21 O Fort Wasi:rin:,aton, MD 20744

(301) 248-2100

o 2600 Vn-g:inia Avenue, N'i\l, #604 Waslring~ DC 20037

(202) 337~123

4~ Sevci Cam.ers Place Falls C~ VA 22044

(703) 534-9680

o 8403 Colesville Road, #160 Silver S~ 1-10 20910

(301) 495-2626

Patient returns this date. He states hls cervical area is doing better at this point, but he has some occasional discomfort. He states if he increases his activity, he develops cervical pain.

His examination this date reveals a full range of motion. There is no tendemess or spasm. He holds bis head in the mid line. His reflexes are intact. There is no supraclavicular swelling. Shoulder motion appears satisfactory.

Recommendation: Patient can begin to gently increase bis activity. He is a golfer, and I do not want him to carry bis b~ however. I would like to see him in about three weeks. 1f at that time he is doing we14 he will be able to increase bis activities and be discharged.

Neil A. Greo...n, M.D.

NAG:Jmk

-24-

1effre'J H. P.hillips, MD . ., .Ph.D., F _..i_C.S. Neil A Gr~ 1-LD., f _L\..C.S.

Fredric L Salter, M.D., F ..A..C.S. Richard S. Meyer, ~LD . ., M.D., F _.A_.A_O.S.

PRil.I.fPS & GREEN, M.D. IJ1\'.llT.ED p ARTN.ERSHIP

Practic:: Limited to Orthopaedic Surgery Artlttosccyic Surgery Surgery oft.he Hand

By Appcimm.ent Only

PROGRESS NOTE 5-1-00

RE: Eckert, James R. DA: 2-17-00

Plesse R.eply to: o 9400 Livingston Road, #11 O

FortWashmgtan., MD 20744 (301) 248-2100

o 2600 VirgiJ:tlaAvenue., NW, #604 Washington, DC 20037

(202) 337.0123

/o404C Seven Com= Place Falls Church, VA 22044

(703) 534-9680

o 8403 Colesville Road, #160 Silver Spring, :MD 20910

(301) 495-2626

Patient returns this date. He is doing w~ His lower back ~ doing very well He is still h:aving some pain withiri the cervical area.

Els examination reveals bis cervical range of motion is generally .comfortable except for rotation. T.aere is no spasm noted. His shoulder motion is satisfactory. Reflexes and sensation are intact.

Lumbar examination reveals good range of motion in the lumbar area. No spasm and no tenderness is reported. His straight leg raising tests are negative. Power in the lower extremities is intact.

Recommendation: Pari.ent1 s urological complaints have resolved. He will see the therapists for a brief in-office course and change to a home exercise program for his residual cervical complaints. He is fit to work. He will be reevaluated in three weeks. I anticipate being able to discharge him_ at that time.

Neil A Greeil, :!Yf.D.

NAG:lmk

-25-

APR 25 2000

ACCT# j~3J/9

PHY'SICA.L THER..AJ1Y TREATMEN1 & PROGRESS NOTES

. /( I ILJ ...... /\~ 'J ! .)(...1.. 4 ...- /

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-26-

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PtJLL..-::YS Lbs. i~ ,c; I 1S ; I V' J.- If ~ I SZATED -/

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Lbs. I I I l I I/ v 1/ I 1-r' ~

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Frceweizius . Lbs. I I I ·I I I E- SHOU"'i..OS.

I i I I ., Cl] SHRUGS Reps -~ I I I ~ Fre::wei gilts Lb5'

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. I

oA 1:;l(/l11/lb 1 . ?1x.r1 ~CtAN REEVALUATION Phiilips & Green, M.D. Limited Partnership 9400 Livingston Rd., Suite 210

,· u I ./

NAME: damui f;,~_P);r; u ... c; Ft. Washington, MD· 20744 ACCOUNT#: j d.,31 'JO,

·-~ RECOMMENDED SCHEDULE; 3/WK·2WKS _2/WK·2WKS --- DUTY ST~TUS: NF~FLO N/A

TREATMENT CHANGE@ OS LS

OTHER COMMENTS: ~ 1 b t~~ , eci<+ . .

=====================================================

~ MAY -3 2DDO

jJ , \.t .\5 s:...±-\ \

- MAY - 5 2000 .

7/2 a!X

-28-

NME ; ~--Jui i Ai. <-- c.. ,, r- r 1

PHYSICAL TEER.A.PY TREA.ThfENT & PROGRESS NOTES

\lfl'/ ·,.., •'Y"l'll Ml""'.I - e; , ... w

c

-29-

PETI LrPS & G:Rlli'f, jylD.

Jeffrey H. Phillips, MD., Ph.D., F ..A.C.S. LIMITED PARTNERSHIP

Piactic:: Limited. to Orthopaedic Surge:y .4l't!lroscopic Surgery

f le3Se Repiy !o; Neil.A. Greo..n., MD., FAC.S. o 9400 LlvingstonRoad, #210

Fort Washm2ton, MD 20744 (301) -248-2100

Fredric L. Salter, MD., F .A.C.S. Slll'gery of the Hand Ri~ S. Meyer, M.D ... :NiD . ., F--'\.A.0.S. By Appointment Only

Eckert, Jam.es R. 3193 Pond.wfi.st Way Oakhill· VA 20171 Phone: 703-620-1068

Date of Iajurj

Chief Complaint

History

Occupation: Sales ~epresemarive Employer: Beckman Coulter Pt.Acct.# 123179 Age: 42, DOB: 2-4-58

ORTHOPAEDIC CONSULTATION

April I 0, 2000

February 17, 2000

N eek and low bac.k pa.in.

o 2600 Virgmia.Av~Nw. #604 W~atcn, DC. 20037

(202) 337..0123

o 6404C Seven. Comers Place Falls Ch~ VA 22044

(703) 534-9680

o 8403 Colesville Road, ~160 Silver Spring, MD 20910

(301) 495-1626

Patient was the driver of a vehicle that was stopped and was rear ended by another motorist in Fairfax Vrr2inia on 2-17--00. He states the trash truck totaled the vehicle behind ~ ·and thcrt vehicle rear ended his vehicle in a chain reaction collision involving multiple cars. He was seen by bis family physician, Dr. Sadler, over the past two months. He was treated with anti-infl.ammatories and pain medication. He states he has made some improvement but now states he has plateaued. He states the pain is greater in the cervical area than in the lower back. He ·states he has stiffness and pain when he drives referable to bis neck, and he has difficulty li:ft4lg .bis tl;rirty-pound child. ·He is a sales representative for a medical man~cturer. He has had no bowel or bladder problems. He has had some difficµl~ withs~~ performance. He has had no distal paresthesias.

Past IJ?.edical history and review of systems: he had a ~d trapezial strain in the past related to a sports injury which resolved :without difficulty; otherwise negative for se...-rious injuries or illness. Surgical history of tonsillectomy at age 5. Family history of hypertension and diabetes. Personal history reveals he is·Iiiarried and is employed as stated above.

. .. BP: 108/70; pulse :56; hei~ht is 6'2" and weight is 185. He is a cooperative gentleman who stands erect and bears weight equally on both lower extremities.. His head is o.o.mioc~phali.c. His cervical motions are restricted by approximately l 0-15% with tenderness noted and myofascial tightness in the lower ce..rvical area. There is some discomfort on shoulder shrug but. no winging of the scapula. Reflexes and sensation are intact. Chest is clear to auscultation. No significant tenderness is noted over the ante...-rior Sternum or lateral nos.

-30-

Ortho. Consult. p g.2; 4-10-00

_ X-rays

Impression

Plan

NAG:lmk:

RE: Eckert, J runes R_

Examination of the lumbar spine reveals tenderness is noted in the lower paralui:nbar area. Some increasing pain on forward fle.-rion. There is myofascial ti~htness noted. Els ~!uteal tone is maintained He has a reciprocal gait. lv1uscle power about the foot and ankle is intact. Knee jerks are 2+. Ankle are 1 +. Straight leg raising and Lasegue' s tests are negative. Power in the Jower extremities app~ars intact. He has good dorsalis pedis and posterior ttoiaJ. pulses. Good femoral pulses. No abdominal tenderness.

Cervical spine taken this office today reveals no acute fractures or dislocation. Disc spaces are well maintained. Pedicles well visualized. No sig:o:ificant degenerative ~es are noted.

Lumb.osacral spine is negative for acute :fracture or dislocation. Disc spaces are well maintained. Pedicles are well visualized. The lordotic curve is maintained. SI joints are clear. No significant degenerative changes are noted.

AP of the pelvis shows the hip joints are well maintalned. Negative for acute fracture or dislocation. ·

Residual cervical strain and residual lumbar strain secondary to the injuries sustained on 2-17-00. Rule out urological dysfuncti~n.

Patient is requested to call his family physician for referral to a urologist. He will also see the physical therapist for appropriate modalities to be administered to the involved areas. We will see b.ow he does over the ne-n two weeks and make additional recommendations pending bis clinical situation. He may work on a light duty basis limiting bis lifting.

-31-

PHYSICAL THE.=t.APY INITlAL EVALUATION ANO TREA TMEl\IT PLAN

AFR I a 2000 DATE: . . _ - CIRCLE: ~ S M

· "'\_..., lcr ACCOUNT# / . .-.- 5 )

NAME: ~Ck--gJ4J t i.J..,l,.;;ni::S j(..

OIAGNOSIS&IN& 0 1~~ OT~ER. _____________ _

--------------....i.~..,...r...;....;:.-~~----------.:....-------?regnam: SPECIAL INSTRUCTIONS: {CIRCLE Cybex Evaf. CTX LTX TNS Other __________ _

. TREATMENT SCHEDULE/REVISIT:_3/WK-2WKS -~/WK-2WK. _____ ......,... ____ _

DUTY STATUS:. NFFD 0 ·z\ \ f \QC) \

REFERRALS:_~=-==:;_.::::::::;..._~~..:.....;...;~+-.:;...._~;__::+-tL.:::....~~.::::...~.:;..l..~:....:::::;..:.....::...._

·. EQUIPMENT: Corset Knee Brace (456)

(circle) Knee Brace (457) Knee Immobilizer ·Cane . Ace Bandage Hydropad (310)

Hydropad (31 1) Ankle Support Crutches Other ________ _ ================================;==========~========= ADDRESS: - HOME PHONE: z,.? ) l2 0 /O bO WORK PHONE: 7) :x } J - i 3 { (]

:;

____________ AGE: ____ OCCUPATION:. ___________ _

TREATMENT AND PROGRESS NOTES

PRECAUTIONS:· .~R I 3 2LUJ -

APR .1 7 2f1JO

f-I

APR I 8 . 2000

/(.,,9 .• X. ·5 I

I

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-33-

\J1 nut W ~ _,_ _,_

-!-

) ,•; ·-.12:~'1 I .m mi J--., / . .., ' I ..,

..__.__ ...... \·-----: .. _ .

PhISIC!..L TEEtAPY EVALUATION

ACCOl'.JNr : -t oz-:; I 7 C/ 17

I I

;ST MEDICAL HISTORY:-----------------------------

JCIAL HISTORY:

Work Aaivities: -+~__..p_L __ J> ________________________ _ :JBJECTIVE:

M~------~--DAY ______ ~_EVE ________ _

lSTitRBEDSi-=-=~--~~~~--------------~ LE~ ?OS1TION -----------------------·oR.D SIGNS;

81-Ji.DDS/EOWc:!..~ ~~---------------~ ·

COUGE/SN'E-:::t'>= f--;/ -:.,,,,,~-----------------~

Aggr. Pain

~1 ;ik{--~c-~ \

4//-?&-°L:/"

VIRG1NIA:

IN THE CIRCUIT COURT OF FA.IRFAX COUNfYOCT 15 Fl-i 2: I 0 ._~;~; ~-·~ T. FT~Y

James R. Eckert ) :~_ER1"· r\!:~iT cou==:T ·~· t V·' ) 1 _i t'"'\n• .Mi.

Plaintiff,

v.

AAA Disposal Service, Inc., And Miguel Aragon-Campos

Defendants

) ) ) ) ) ) ) ) )

At Law No. 201929

DESIGNATION OF EXPERT WITNESSES

To: J. David Griffin, Esquire Fowler Griffin Coyne Coyne & Patton, PC 29 North Braddock Street Winchester, Virginia 22604

COMES NOW the Plaintiff Jam.es R. Eckert, by counsel, and for pursuant the Status

Conference Order entered in this matter, designates as an expert witness:

Bruce J. Ammerman, MD Washington Neurosurgical Associates, PC 3301 New Mexico Ave. N.W., Suite 352 Washington, DC 20016

The information provided in this Designation is preliminary and subject to

change or supplementation as additional information becomes available prior to trial.

It has not been reviewed or approved by the expert designated.

The witness is expected to testify in part based on his examination of the

patient and the history taken, the reports of Dr. Green, his evaluation of the tests

taken, the CT scan and MRI's of the patient, and his treatment of the Plaintiff;

-35-

and also based upon his general knowledge, education, and experience.

The witnesses may testify as to any fact or opinion attributed to another

witness.

In the event, the designated witness is unavailable for trial, Plaintiff reserves

the right to substitute another witness or witnesses in the same discipline to testify

as to facts and opinions disclosed herein.

The information provi(led herein is not intended to be complete or exhaustive

of each and every matter about which the witness may testify. The information

provided herein does not purport to be in the exact language of the expert, since this

Designation was prepared by others.

Dr. Ammerman will testify as a Neurosurgical expert. He is expected to testify

concerning his qualifications shown on the attached resume and the fact that he is

a licensed medical doctor in the State of Maryland and the District of Columbia. He

he will testify that he Cll:l"rently a partner of Washington Neurosurgical Associates,

PC, and experienc~d in general and Neurosurgical. He will testify that he has more

than 25 years experience in medical practice. He will testify that the he has provided

the Plaintiff with Neurosurgical consultation as referred by thePlaintiff's orthopedic

physician, Dr. Green. He will indicate he has given the Plaintiff a Neurologic

examination, Motor examination and cervical spine examination. He will testify that

the result of the Neurologic exanrination is normal, Motor examination reveals mild

weakness of right biceps, and the cervical spine examination reveals tenderness with

mild restriction of motion. He will testify that he has reviewed the Plainti:ffs cervical

-36-

MRI film, which showed HNP on the right laterally at C5-C6 and a tiny disc

herniation, right, T9-Tl0. He will also testify that the Plaintiff has persistent post

traumatic right cervical radiculopathy, secondary to a herniated disc, C5-C6 as a

result of the 211 VOO motor vehicle accident. He will testify that he had a detailed

discussion regarding both conservative and surgical consideration, and suggested the

Plaintiff to have a cervical myelography and CT cervical spine scan for further

clarification. He will testify that he has reviewed both the myelography and CT scan

nnages. He will testify that the images of the myelogram showed there is slight

retrolisthesis of CS with respect to C6 with mild indentation of the ventral aspect of

the thecal sac at CS-6 and C6-7. He will also testify that the images of the CT scan

also showed at CS-6, there is flattening of ventral and right side of the thecal sac with

partial effacement of the right preforaminal recess as well as a mild to moderate

narrowing of the right neural foramen related to uncovertebral joint arthropathy.

It is consistent with a broad-based small right-sided disc herniation with mild

osteophyte formation. He may also testify to other matters contained in his reports,

the Plaintiff's medical records, and the records of Dr. Green furnished during

discovery

He will testify that in his oplDlon and based upon a reasonable medical

certainty that Plaintiff's injuries were caused by the accident, that the Plaintiff has

suffered a 6% permanent disability and can no longer actively engage in sports and

other active physical activities, that although the witness has prescribed reduced

activity and conservative management of the condition there is a reasonable degree

-37-

of probahality that the patient will require spinal surgery and ~at the current

reasonable cost of that surgery is $20,000 to $25,000. He will also testify as to the

amount of his bill to the date of trial and that such cost was both necessary for the

treatment of the Plaintiff and reasonable in this area. He will also testify that the

medicial bills of Dr. Green and the other health care providers are reasonable and

were necessary for the treatment of the Plaintiff.

Thomas J. Stanton, VSB # 6107 221 South Fayette Street Alexandria, VA 22314 703-299-4445 Counsel for Plaintiff

Respectfully submitted, James, R. Eckert By Counsel

CERTIFICATE OF SERVICE

I hereby c~rtify that a true copy of the foregoing was mailed, first-class postage prepaid this 1l_ day of October 2002 to J. David Griffin, squire, 29 North Braddock Street, Winchester, Virginia 22604, counsel to De£

-38-

c:= Thomas J. Stanton

) . , ..

CURRICULUM VITAE

Bruce Jorge Ammerman. MD.

PERSONAL DATA:

Date of Birth: Place of Birth: Family Data:

July24, 1947 Washington, D. C. Spouse:· Joy Ann Ammennan

Children: Joshua Nlichael - November 13, 197 4 Matthew David - September l, 197 6 Rebecca Traci-August 11, 1981

Private practice in Neurological surgery at:

Washington N eurosurgical Associates, PC 3301 New Mexico Avenue, NW. Suite 352 Washington, D.C. 20016

Phone: (202) 966-6300 · Fax#: (202) 364-4362.

EDUCATION:

High School:

College:

Medical School:

Internship:

Residency:

Bethesda-Chevy Chase Higl;i. School,· 1962-1965

Case Western Reserve University, BA Magna Cum La1:lde, 1965-1968

The George Washington Universitj', Washington, D.C. M.D ., 1968-1972 - Valedictorian

. '

The George Washington University Medical Center, ·Washington, D.C., Straight Surgery July 1, 1972 - June. 30, 1973

Department of Neurological Surgery The George Washington University Medical Center, Washington.. D.C., Hugo Rizzoli., M.D., Chairman

· July 1, 1973 - June 30, 1977

-39-

, ..

CURRICULUM VITAE

Bruce Jor:ge Ammerman, iYlD.

POSITIONS HELD:

Assistant, Neurological Surgery, The George Washington University Medical Center, Washington, D.C. - 1975-1977

Fellow, Neuropathology, Armed Forces Institute of Pathology, Washington, D.C. -July-December 1974

Chief Resident, Neurological Surgery, Children's Hospital National Medical Center, Washington, D.C. -July-December 1975

Chief Resident, Neurological Surgery, Veteran's Administration Hospital, Washington, D.C. -January-June 1976

Chief Resident, Neurological Surgery, The George Washington University Medical Center,_Washingto~ D.C. -July-December 1976

Chief Resident, Neurological Stirgery, Washington Hospital ~enter, Washington, D.C. -January-June 1976

Clinical Professor of Neurological Surgery, The George Washington University School .of Medicine ·

Chief of Neurosurgery, Sibley Memorial Hospital ·

Attending Physician, Children's Hospital National Medical Center

Attending Physician, W ashingtorj Hospital Center

President, Washington Academy ofNeurosurgery, 1985-1986 .

President, Sibley Medical Association, 1985-1 986

President, George Washington.University Medical Alumrii Association, 2000-2001

-2-

-40-

CURRICULUM VITAE

Bruce Jorge Ammerman, MD.

POSITIONS HELD (continued)

Chairman, Neurosurgery Section, _District of Columbia Medical Society, 1980-1982

Nominating Committee, District of Columbia Medical Society, 1981

Medical Staff Executive C_ommitt~e, Ge9.rge Washington University Medical Center, 1980-1984

Cost Containment Committee, George Washington University Medical Center, 1980

Governing Board, George Washington University Alumni Association, 1977-1984

American College of Surgeons Council, Metropolitan W asbington Chapter

HONORS Al'ID AWARDS:

John Ordronaux Award, George Washington University, graduating #1 in class, 1972 Klopp Award of the William Beaumont Society, 1972 Phi Delta Epsilon Service Award, 1970 President's Scholar, Case Western Reserve University National Honor Society, Bethesda-Chevy Cha5e High School Alumnus of the Year, Bethesda-Chevy Chase High School, 1991

SOCIETIES=

Phi Beta Kappa, Case Western.Reserve University Alpha Omega Alpha, George Washington University f\merican Association of Neurological Surgery American Board of Medical Examiners (Diplomate) American College of Surgeons American Medical Association Congress ofNeurological Surgery Jacobi Medical Society

.., ~ .J ·-

-41-

CURRlCULUl\11 VITAE

Bruce Jorge Ammerman, MD.

SOCIETIES: (continued)

Kane-King Obstetrical Society, George Washington University Phi Delta Epsilon, George Washington University (PSI) Smith-Reed-Russell, George Washington University Washington Academy ofNeurosurgery William Beaumont Medical Society, George.Washington University,

· (Member and President) Zeta Beta Tau, Case Western Reserve University (Lambda)

CERTIFICATE:

American Board ofNeurological Surgery, 1979

LICENSES:

District of Columbia - 1973 - License #: 663 9 State of Maryland - 1977 -License#: D-20495

PUBLICATIONS:

1. Stevens, H .. and Ammerman, BJ., -'Late Onset Epilepsy, ;~Medical Annals of theDistrict of Columbia, 1972, 41:2.36-239

2. Stevens, H. and Ammerman, BJ., "Trarisient Global Amnesia," Medical A.nnals of the District of Columbia, 1974, 43:593-596

3. Ammerman, B.J. and Smith, D.R., -'Papilledema and Spinal Cord Tumors," Sursrical Neurology, 1975, 3.:55:-57.

4. Ammerman, B.J. and Henry, J.M., DeGirolami, U. and Earle K.M., Intradwcil Lipomas of the Spinal Cord: A Clinicopathological Correlation," Journal of Neurosurgery, 1976, 44:331-336

- 4 -

-42-

,,.

CURRICULUwl VITAE

Bruce Jorge Ammerman, lvf.D.

PUBLICATIONS: (continued)

5. Ammerman, B.J., '~The !vlicrosurgical Treatnient of Bilateral Acoustic Tumors," appearing in Clinical Microneurosurgerv, W.T~·Koos, F.W. Bock and R.F. Spetzler, eds., Stuttgart, George Thieme Publishers, 1976, pp. 112-130 ..

6. Ammex:man, B.J. and Smith, D.R., "Giant Fusiform Nliddle Cerebral Aneursym; Successful Treatment Utilizing Microvascular Bypass," Surgical Neuroloszv, Vol. 7, No. 5,-May 1977, pp. 255-257

7. Ammerman, B.J., Book Review, Neurosurn:erv. Vol. 20, No. 1, January 1987, pp. 60-61

8. Symposium. Pain Manruzement Sibley Memorial Hospital, 9/15/88

(Revised 9126100)

-43-

,,.

FOLLOW-UP NOTE

ECKERT, James R. ·April 24, 2002

The patient returns for follow-up evaluation having undergone on 4-16-02 cervical myelogram and post myelogram CT scan that is consistent with herniated disc at C5-C6 on the right. The patient is overall feeling a shade better and is somewhat. hesitant to proceed with surgery at this time.

I've had. a detailed discussion with him regarding exerc1smg. He does have a tom meniscus .in his knee, which' need.S to be repaired and this is fine. He is to slowly increase his level of activity in a judicious fashi . his symptoms remain under control a continued conservative course is to b dertaken, o erwise surgical intervention may be warranted. He is to return in 2lths. His questio were answered.

~e .r:-ruIDlleiiiian,

BJAlsj

-44-

APR. l 7. 2002 t:S0PM

. . ' atiu1i&inal .~U¥1cu in Oinsnu~c lll&ilolo!D'" :cle=r Minlign• .k l111c~cnt1an11I Rndfoln!D' ""ldcd ~ On. tifuo-.cr. C::."lrl&tic ~ ~c:tri1t. i'.t.:. :ality llullnlo5y in W111hmgw,,, %J.C. uncc 1916. 1cum1&n: U.i,nµd O. :-Ccwman. M..U.

atienc: EC..~RT,JAX'ES

SiL~y~<OlrW Hoopfltall I

Dep~r~ment of Radiolqgy·

•

i ,;:-

. '.. /

I l .

Sn!L.c.~ MEMORI:.'\L HOSPITAL.

ll.adiology Report I

N0.1~3 P.4

jiH l.0115hbocv it11ed, N W Woshht111on, 0.C. ZOlllll Mnan ~purtn,mc ?02·H7 • .a7111 Radiclagy ~QJ1.1Uns: %02·5J7·-'7'*!' A=dlotcsi111: ~o:?·.~J7...a7Q I

I· Admit Phy~ ! )AMMER.MAN I BRUCE J Order #: ~6~5344-l

j

RUN: 5 5 4 -0 2 8 i

JB: 02/04/1958 44Y ! OS Pt Home Phone: 703-620-lOSS ::ct#: 17302563

Status: FINMJ I ' I .

UM: XYl:LOG:a.All 02.VJ:al:. DORO Cl-2 04/16/200~ E:ASON FOR EXAM: R/O DISC . I

.J ·-"' - I I ;, B:CSTORY: Ar.m pa...i.,i.J.. E"cu.uate :cor disc hern.iiation.

. i I f I ! Cezvical mye ogrami was per o::med by Dr . Ammerma;n. L I I

Images are providea for evaluation. Contrast zrb.terial is seen in the thecal sac outlin*9'. the cervica.l spinal cor~. / .. There is slight retrolisthesis of :CS with respect to C6 wit.b.lmild indentation of the ventral aspect oft' he thecal sac at CS-6 and CS-7. There is no evidence for spina1 stenos~ . No definite focal indejt~tion is seen.elsewhere,

IMPRES~~ON: Min': ventral indentation of! t~e thecal sac at CS-5 and CS-7 may .be relate; to mild disc bulges. Pl1ea~e see sepa._-rate CT report~. Otherwise unr~le_ study. i

I ! JM/rs

lUSKIE,JtJLIA J ~ttending Radiologist

rJM/rs 1 >ictated: 04/17/2002 1ectrcn1c Signature: J~ ·

ad1alcqic Tedtnalaq1st: LC

I I I

/· :'

.,

ii I I

·1

IPRDITED:

I

I

I Wed Ap.r 17, 2002/1,lo

l

-45-

PM

APR.17.2002 2:59PM

rrorcsslnricl ~ef"'lici:s it& Cliti;m•:am: itlldiulo'fl',. Nuo;lc:u Mcdicamr 4c. lniarvcnnanil! R:dioloi;yi P:vvidcd by Ors. Crcavc:r, Cwuc 6t Marr!tt.. . .P.C. Quality lbdinloa,y to Wa1lur.;1on, p.c. ~1a1:0 Jilt~. Chalmt•": ltic:nwd D. :'lcwmnn. M.O.

Patient: SCXEXT,J.iu'ms l i

Sibley!Wemaoidffoopi~ , I

Department of Radfology i

•

!,.:

l . I

SIBLEY MEMORIAL *OSPITAL i :

Radiology Report . i

I

N0.153 P.S,.13

S:l! t.au;b&nra Raa.d.. N.W. .\VP!1htl'llfll'l"1 l>.C. U!Oltt ;\l!aiA Cc:;mmicu· ~02.n1.41a1 i Rodlolo;, ~c:haNl.luG: ZOl·SJi.- i"S 1t;ui101asi•1£: lOl·jJ7 • 791

Ml?."ON: 5 s 4 - 0 2 8 ; . DOE: 02/04/1.958 44Y

Admit Phys: AMMERMAL~,ERCTCE J Orde* #k X685369-1

SDS Pt Home Phone: !703-620-i068 Acct#: l.7302563

! Ex.AX: O:RVICAL SP:IO CT W/O CON'l'llST REASON FOR EX..i\M: Ul

i I

CT CERVICAL S~INE: i I

HISTORY: Ar.Ii?- pain.

S1:.atti.s:i FINAL

! I I I

04/~6/2002

; ' CT of the cerfic~l spine was performed foliowing a csrvical myelogram. Images were ODta.ined from C3-4 down to C7-T1.

I ' :

There are no ~revious studies a~ila.ble ifo± comparison. I I '

. : i At C3-4 and c~-5, there is no evidence ~or!disc disease.

~t CS-6, therJ is flattening of the ven~ral and right side of the t:hecal sac.with part£al effacement of the right ~reforaminaJ. recess. The appearance is~most consistent with a brdad~based small right sided disc herniation wi-h mild osteophyte for.tJatidn.IThere is.mild to moderate narrowing of ·he right neural foramen related to uncovertebral joint arthropathy. 1The left s;de appears un.r~kable.

. I I I At C6-7, ther~ is no significan~ disc d.1!sease.

i . : i : 1 1 I

At C7-T1, the~e is no significant disc disease. !" I .:

IMPRESSION: ~

.1. ~mall broJd-based right. si.ded disc Je~iation at CS-6 with partial effacement of lthe right preforaminal recess. There is some uncovertebralJjoint arthropathy with mild ~o moderate na.rrowing of the

· right neural ~oramen. I

2. Otherwise iuiu-ema...'""kable JM/rs 1

study.

I I I I

I I

PRINTED: Wed Apr 17, 2002 2:44 PM I ;

I·

I

-46-

, ...

FOLLOW-UP NOTE

ECKERT, James R. April 1, 2002

Mr. Eckert returns with his cervical N!RI films unchanged. I've reviewed the films, which are consistent with probable herniated disc C5-C6 to the right. I've had a detailed discussion regarding both conservative and surgical considerations. I have suggested myelography and possible tandem CT ~ for further clarificatic:i, as the patient has noted some suggestion of left cervi radi ular complaints. The procedure and side effects were reviewed. Based upo17the findin s further recommendations can be made.

I

BJA/sj

-47-

NEUROSURGICAL CONSULTATION

ECKERT. James R. Febl1:lary 28, 2002

James R. Eckert is a forty-four year old, rig...li.t-handed, sales representative. He was involved in a motor vehicle accident, 12117/00.

He was belted and driving a Dodge Caravan. He was struck by a car which was struck by a trash truck. He was pushed forward, tapping the vehicle in front of him. ~e was jerked forward and backward. He sustained no loss of consciousness.

He came under the care of his regular physician and Dr. Green & Associates. He has had physical therapy. He has noted some improvement, but continues to note pain in bis neck radiating into his right upper extremity, with numbness and tingling. At times, he has difficulty lifting, a requirement of his job. He denies left-sided symptoms, bowel or bladder dysfunction.

Past history reveals the patient strained his right trapezius area 8-9 years previously playing tennis.

He is taking Ibuprofen. He is allergic to eggs.

Cervical N!RI, 6/14/00 revealed, ":.Umemarkable study."

Repeat cervical iY!Rl, 2/19/02 revealed, "HNP on the right later8.lly at C5-C6."

. Thoracic MRl revealed, "'Tiny disc herniation, right, T9-Tl 0."

. Neurologic examination reveals a pleasant, alert, gentleman, who walks in an unremarkable gait. Speech and mental status testing are normal.

Examination of the cervical spine reveals tenderness with mild restriction of motion.

Motor examination reveals mild weakness of right biceps. Right biceps tendon jerk . is diminished compared to the left. There is mild hypalgesia of the right hand. No B·abinski or tremor.

-48-

WASHINGTON·M~,: 'RC~{;i~•.ttC~ :~:iSOClATES. r.c .. ::::01 NEW MI-:XICO AVE. N.W:. WA.SlllN<;TC>N. Dr. :.:11.1111:

,,.

NEUROSURGICAL CONSULTATION

ECKERT. Jaines R. Febrµa.ry 28, 2002

The patient has evidence of persistent post traumatic right cervical radiculopathy, secondary to a herniated disc, C5-C6, as a result of the 2117/00 motor vehicle accident.

I have had a detailed discussion with Mr. Ecken regarding a continued conservative course, as well as both anterior and posterior operative approaches, expectations, and risks. ·· · · · · · · ·

I have asked him to bring his recent cervical MRI films for review and further discussion.

an;1v!.D.

BJ A/els

-49-

VIRGINIA:

James R. Eckert IN THE CIR:cvu·.coURT OF FAIRFAX COUNTY

•• - ~ I ~··t·r I c~.::~:· ~. ,' '~ • •.: ;' ......... \. . .. Law No. 2;,;;;;0 ..... 1 .... 9 .... 2.,,..9 ______ _

• ~•""I • I u-\ i -1 F tti 2: 4 6 Uc. h ~i · or Plaintiff

vs.

A.AA DISPOSAL SERVICES, Inc~G.id~·t.a.lr.:~···:,. , ... • • • . _._.~~! C\fH'Uf\ l,,i) .. I

' c:........ uerenaant 1 1.. • i "\, •"" . , •• ¥ ... - \r! .... f\ •{ .f C. t";_ nrP.t· • · ·

Chancery No.

SERVE:

FRIDAY MOTIONS DAY -PRAECIPE/NOTICE

Title ofMotioJ.lotion for Leave to Increase t.~e·~AWiH?iled __ Pr. viously Filed

Moving Party: v"' Plaintiff

*1. Time to be Heard:

Defendant

9:00 a.m. WITH a Judge_

ay): ·11--\

l~W Cases) ,/' Does this motion req re 2 Wffks notice? Yes-~ 11:30 a.m. (CHY Cases) __ Does this motion quire 2 weeks notice? Yes_ No_

AppearanceByPhone™: Yes_ No_ TimeEsti combined no more than JO minutes

*2. Judge MUST hear this mo · n

Reason (must check one): __ Motion involves a ruling made by this judge after __ This judge has been assigned to this case/motion

. *3. Case to be removed from -------PRAECIPEJNOTICE tiled by:

Thomas J. Stanton, Esq. Attorney Name

221 South Fayette Street Address

Alexandria, VA 22314

earing/trial. the Chief Judge/other judge of this court •

-~----Docket.

(703) 299 - 4445 Daytime Phone Number

6107 VA Bar l.D. No.

*4.. LREPRESENl'ATION OF COUNSEL OF RECORD

I certify that: Prior to placing this matter on the court's docket I made a good faith effort to resolve this matter with Counsel of Record for the opposing party; or

Prior to placing this matter on the court's docket I attempted without success to contact opposing counsel to attempt olve this matter; or

There is no op~ing counsel of record as o

I further certify that I have read each of the instructions on.the re 7fd• of this form.

f!&i~ Moving Party/COunsel of Record

*5.

I certify that I have served a copy of this PRAECIPE/NOTICE on all unse~fRecprdpurs.u~t0tQ • Rule I: 12 of the Rules of the Supreme Court of Virginia this -=-?>__,___,,--·-... !!._~ . ~ .J-

VIRGINIA:

Plaintiff,

v. At Law No. 201929

AAA Disposal Service, Inc., And Miguel Aragon-Campos,

Defendants.

MOTION FOR LEA VE TO INCREASE THE AD DAMNUM

COMES the Plaintiff, JAMES R. ECKERT, by counsel, and moves the

court for leave to amend the ad damnum. in his motion for judgment from

$60,000 to $350,000 and as reason therefore states as follows,

1. At the time of filing this action the Plaintiff and counsel believed

that there were only soft tisssue injuries to the Plaintiff resulting from this

accident, and that they coul~ be expected to largely resolve over time.

2. Throughout the Plaintiff's medical history Plaintiff has

complained of pain upon increased activity, but had been advised that

this was related only to the soft tissue injuries.

3. On April 16, 2002, the Plaintiff underwent a a cervical

myelogram and post myelogram CT scan that determined that he had a

herniated disc as C5-C6. The Neurosurgeon, Dr Bruce J. Ammerman, M.D.,

has rated this a a 6% permanent disability and estmated that the cost of

-52-

surgery to correct this condition would be between $20,000 and $25,000.

4. Prior to the accident the Plaintiff has been actively engaged in

sports, including running, swimming, golf and soccer, as a result of the

accident it is now believed that he will permanently be unable to engage in

these activities.

WHEREFORE, Plaintiff prays that he be permitted to amend the ad

dam.num set forth in the prayer for damages in the motion for judgment

from $60,000 to $350,000.

Thomas J. Stanton, VSB # 6107 221 South Fayette Street Alexandria, VA 22314 703-299-4445 Counsel for Plaintiff

Respectfully submitted,

James, R. Eckert By Counsel

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing was transmitted by facsimile to 540-733-4828 and mailed, first-class postage prepaid this 7th day of November, 2002 to J. David Griffm, Esquire, 29 North raddock Street, Winchester, Virginia 22604, counsel to Defendants.

Thomas J. Stanton

-2-

-53-

FOWLER, GRIFFIN, COYNE, COYNE, & PATION, P.C. Attorneys at Law Winchester, Virginia

Plaintiff

v.

AAA DISPOSAL SERVICE, INC. and MIGUEL ARAGON-CAMPOS,

· · Defendants

AT LAW NO. 201929

DEFENDANT'S EXPERT WITNESS DESIGNATION

1. ·Ian Wattenmaker, M.D. 1800 Town Center Drive, Suite 111 Reston, Virginia 22090

Dr. Wattenmaker is a board certified orthopedic surgeon whose specialty is spine/back surgery. A copy of his curriculum vitae will be forwarded under seP.arate cover. Dr. Wattenmaker is expected to testify in aecordance with his independent medical examination and evaluation report which was previously provided. The contents of that report are incorporated by reference here.

. Without limiting his testimony from the contents of the report, Dr. Wattenmaker will testify. about his physical examination of Eckert, his findings and their significance. He will explain that Eckert1s gait is normal, the skin overlying the spine is normal; motor strength is 5/5, a normal alignment ~nd range .of motion. of the spine. These are objective items he looks at to assist in determining a patient's condition. He will discuss the films taken of the claimant and the interpretat_ion and comparison of the films. The MRI of 2110/02 demonstrates spondylosis rather than a herniated disk. Dr. Wattenmaker will explain the origins of spondylosis in a patient; it is not attributable to the accident in question. Dr. Wattenmaker will also testify about the aging process with most individuals of Eckart' s age; he will also testify about various studies that demonstrate disc degeneration, spondylosis and even herniation is common across the population without intervening accidents.

Dr. Wattenmaker will also testify that Eckart's symptoms are probably not related to the CS-6 findings; there is moderate narrowing of the right CS foramen that is probably caused by cervical spondylosis and not a soft disk herniation. Eckert does not have symptoms consistent with right CS radicular pain and does not have

-54-

FOWLER, GRIFFIN, COYNE, COYNE, & PATION, P.C. Attorneys at Law Winchester, Virginia

examination findings of right C6 radiculopathy; therefore the CS-6 changes are probably incidental findings.

Dr. Wattenmaker does not attribute Eckart's symptoms to the original accident. He acknowledges Eckart may have sustained some soft tissue pains which may have left lingering discomfort for six to twelve months.

Dr. Wattenmaker will testify that the Plaintiff's diagnostic testing, coupled with Wattenmaker's examination, do not demonstrate any objective findings or abnormalities to indicate a physical limitation, or the need for surgery.

Dr. Wattenmaker will also testify that any physical therapy beyond 15 treatments is not reasonable, and he will explain why.

Dr. Wattenmaker's opinion will be based upon a reasonable degree of medical certainty and his opinions will be based upon the history taken from the plaintiff, his examination of him, a review of his medical records and films, the medical records of other healthcare providers, and upon his education, experience and training.

He will testify that his practice is one primarily of patient care. He will describe the general number of cases he sees each year and that his practice is generally clinical in nature.

2. The Defendants reserve the right to call additional expert witnesses to rebut testimony presented by the plaintiff in his case in chief.

AAA Disposal Services, Inc. and Miguel Aragon-Campos

By Counsel:

J. Da 'id Griffin, Esq. VS 9002) FOWLER GRIFFJN COYNE COYNE & PATTON, P.C. 29 North Braddock Street Post Office Box 403 Winchester, Virginia 22604 (540) 667~6400 (540) 722-4828 Facsimile

Counsel for Defendants

-55-

FOWLER, GRlFFIN, COYNE, COYNE, & PAITON, P.C. Attorneys at Law Winchester, Virginia

CERTIFICATE

I certify that on the ard day of November, 2002 a true copy of the foregoing pleading was mailed postage prepaid to Thomas J. Stanton, Esq., Stanton & Associates, 221 South Fayette Street~~ 22314.

J. Da id Griffin, E quire

-56-

~ \.J

VIRGINIA:

IN THE CIRCUIT COURT OF FAIRFAX COUNTY

Plaintiff7Complainant,

Vs.

) ) ) ) ) ) ) ) )

ORDER

Law I Chancery No. JQ.[ 9J.,1

This case came to be heard on the J!i1b- day of dt?-V~ ) , 2002, on the

Plaintiff's/Complainant' s/Defendant's/Resp~ndent's motion lo j ~ bf d dtr: If) n l)WJ Upon the matters presented to the Court at the Hearing it is,

"· · ..

ADJUDGED, ORDERED, and DECREED as follows: Mat &n =ED ;;i;.-,,,-Ch-RJJ.,_/JR__-L_,. s--.,..~€-;n&e-.-2-r-----

\i" ~ ~ ' __________________________ _.;_ ____ --:--~ \~ ~ ---------------------------------~

w ~ ----------------------------------

~ . ~ Entered, this/~/- dayof ________ ;2002.

----- ....

r

Counsel for the Plainti:ffi'Complainant -57-

Counsel

FOWLER, GRIFFIN, COYNE, COYNE, & PATION, P.C. Attorneys at Law Winchester, Virginia

v. AT LAW NO. 201929

MIGUEL ARAGON-CAMPOS and REPUBLIC SERVICES OF VIRGINIA, LLC/ AAA DISPOSAL SERVICE, INC.,

MOTION TO AMEND RESPONSIVE PLEADINGS

NOW COMES, AAA Disposal Services, Inc. and Miguel Aragon-Campos,

by counsel, and respectfully move this Honorable Court to allow them to amend

their responsive pleadings filed in this case so as to remove the issue of liability

from the factual determinations which a jury must decide. The admitted

responsive pleadings admit that the driver of the AAA Disposal Services, Inc.,

truck caused the accident in question, but deny that the plaintiff is entitled to the

damage_s as alleged. It would be no prejudice to the plaintiff by removing one qf

the issues to which he has a burden of proving, your Defendants respectfully

request that they be allowed to amend their responsive pleadings to change one

portion of the answer.

Miguel Aragon-Campos AND REPUBLIC SERVICES OF VIRGINIA, L.L.C., the successor in interest to AAA DISPOSAL SERVICE, INC.

-58-

FOWLER. GRIFFIN. COYNE. COYNE. & PATION. P.C. Attorneys at Law Winchester. Virginia

By counsel:

By:._-t---~-~-9~~--J. Davi Griffin, Esq., Stat Bar No. 29002

FOWLER GRIFFIN COYNE COYNE & PATTON, P.C. 29 North Braddock Street Post Office Box 403 Winchester, Virginia 22604 Phone: (540) 667 -6400/Facsimile: (540) 722-4828 Counsei for Def end ants

CERTIFICATE

I certify that on the --!.l--l!:.ciay of November, 2002 a true copy of the foregoing pleading was mailed postage prepaid to Thomas J. Stanton, Esq., Stanton & Associates, 221 South Fayette Street, Alexandria, Virginia 22314.

2

-59-

OWLER. GRIFFIN. ·oYNE. COYNE. : PATTON. P.C. ttomeys at Law 'inchester. Virginia

VIRGIN I A: JN THE CIRCUIT COURT OF FAIRFAX COUNTY I LEO · -·· :·,= ;.· .. :_.f.~:V ~.S

JAMES R. ECKERT, Plaintiff

v.

MIGUEL ARAGON-CAMPOS and REPUBLIC SERVICES OF VIRGINIA, LLC/ AAA DISPOSAL SERVICE, INC.,

Defendants

CONFESSION OF JUDGMENT

WE, MIGUEL ARAGON-CAMPOS and REPUBLIC SERVICES OF VIRGINIA,

LLC/ AAA DISPOSAL SERVICE, INC., ACKNOWLEDGE ourselves, jointly and

severally, to be justly indebted to and do hereby confess judgment in favor of

JAMES R. ECKERT in the total sum of Sixty Thousand Dollars ($60,000.00), which

is the amount sued for in the ad damnum of the plaintiffs motion for judgment, as

well as the plaintiffs costs and interest as allowed by law as pled in the original

motion for judgment.

Giveri under our hand this _:t_ day of :Do c 9 o,...'o , tt

Miguef Aragon-Campos

COMMONWEALTH OF VIRGINIA, AT LARGE, City/County o~ ~~'+ , to-wit:

'2002.

The foregoing-instrument was acknowledged before me this :-\ _day of J:Joc e.e~ , 2002, by Miguel Aragon-Campos.

1

-60-

>WLER. GRIFFIN. )YNE. COYNE. PATION, P.C. tomeys ac Law inchester. Virginia

REPUBLIC SERVICES OF VIRGINIA, L.L.C., the successor in interest to AAA DISPOSAL SERVICE, INC.

By:~ Name: Sn~,,,..~.~:+:.. Title: ~".s.~,.....,.,. (;,""~ .......... \ ~-d....,

COMMONWEALTH OF VIRGINIA, AT lARGE, City/County of ']?;, i cJ2.:)4 , to-wit:

~ The foregoing instrument was acknowledged before me this _L day of ~'em~ t-. , 2002, by Tim Hayes, who has authority to bind AAA Disposal Service, Inc.,

My commission expires:

By:~--+-------~--~-M..,__~~--~-J. Da · d Griffin, Esq., St e Bar No. 29002

Attorney and Counsel for the Defendants FOWLER GRIFFIN COYNE COYNE & PATTON, P.C. 29 North Braddock Street Post Office Box 403 Winchester, Vrrginia 22 604 Phone: (540) 667-6400/Facsimile: (540) 722-4828 Counsel for the Defendants

2

-61-

, •.

=OWLER. GRIFFIN, :OYNE. COYNE, 2:. PAITON, P.C. \ttomeys at Law Ninchester, Virginia

VZRG'INIA:

IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF FAIRFAX COUNTY, the

foregoing J1:1dgment was duly confessed before me and my said office on the 4th day

of December, 2002, at o'clock p.m., and has been duly entered of record in

Common Law Order Book No. , Page __ _

ATIEST:

CLERK

3

-62-

. . VIRGINIA: t:-t; 1 1p-.~ff~EO .. ·· .. r ._·}!-fii.t!rr-~ . "1..,,t:-.J

IN THE CIRCUIT COURT OF FAIRFAX COUNTY 02

DEC -5 Ml 11: J 6 ('! ~~q;·•r: t:.~--~:.··.,

R E k '-'L[,~;\~ CiPr. 1 i: ;. ·~·) James . c ert, ) - F .1 1 'i .:...' t:'..; 1 1 Cui 1 R :

) ,·,,,~,·.i-.,(, l/.-': -· 'I

Plaintiff, ) )

v. ) At Law No. 201929 )

AAA Disposal Service, Inc., ) And Miguel Aragon-Campos, )

) Defendants. )

MOTION FOR ENTRY OF ORDER OF NON-SUIT

COMES the Plaintiff, JA1.'1ES R. ECKERT, by counsel, and moves the

court for entry of an order of Non-Suit. The Plaintiff has not heretofore

filed for a Non-Suit and therefore this relief is by right under the provisions

of the Virginia Code.

WHEREFORE, Plaintiff prays that the court enter an order of Non-

Suit in this matter.

Thomas J. Stanton, VSB # 6107 221 South Fayette Street Alexandria, VA 22314 703-299-4445 Counsel for Plaintiff

Respectfully submitted,

James, R. Eckert By Counsel

-63-

f •• ,

CERTIFICATE OF SERVICE

I hereby certify that a true copy of the foregoing was transmitted by facsimile to 540-733-4828 and mailed, first-class postage prepaid this 5th day of December, 2002 to J. David Griffin, Esquire, 29 North Braddock Street, Winchester, Virginia 22604, counsel to Defendantd

-T--h--om.._a ..... s -j-. -S-ta_n_t-on __ _

-2-

-64-

·'

VIRGINIA.:

IN THE CIRCUIT COURT OF FAIRFAX COUNTY

Jam.es R. Eckert,

Plaintiff,

v.

AAA Disposal Service, Inc., And l\'ligu.el Aragon-Campos,

Defendants.

ORDER

) ) ) ) ) ) ) ) ) )

At Law No. 201929

~ THIS CAUSE came on to be heard this ~ - day of December, 2002,

on the motion of the counsel for the Plaintiff; and

IT APPEARING TO THE COURT that the Plaintiff desires to take

a Non-Suit in the above matter, and that the Plaintiff has not previously

requested a Non-Suit with regard to this cause of action; it is therefore

ORDERED that this matter be and it is hereby non-suited, and this

Non-Suit shall be without prejudice to the Plaintiff to refile pursuant to

statute.

14 ENTERED: December L, 2002

, .. ·13 -

-65-

·•. .-~

!ASK OR TffiS:

k-Thomas J. Stanton, VSB # 6107 221 South Fayette Street Alexandria, VA 22314 703-299-4445 Counsel for Plaintiff

'SEEN:

J. David Griffm, Esquire 29 North Braddock Street Winchester, Virginia 22604, Counsel for Defendants.

-2-

-66-

NINETEENTH JUDICIAL CIRCUIT OF VIRGINIA Fairfax County Judicial Center

4110 Chain Bridge Road Fairfax, Virginia 22030-4009 (703) 246·2221 Fax: (703) 385-4432

MICHAEL P. McwelY MARCUS O. WIWAMS

STANLEY P. l<l.S!N

COUNlY OF FAIRFAX CITY OF FAIRFAX JAMES J<EJTH BURCH MIL.1..SAP

BARNARO F. JENNINGS THOMAS J. MIOOLETON

. 'THOMAS A. FORTKORT QUINLAN H. HANCOCK

RICHARD J. JAMBORSKY JACK B. STEVENS

ROBERTW. WOOLDRIDGE. JR. ARTHUR B. VIEREGG JANE MARUM ROUSH

J. HOWE BROWN F. BRUCE BACH

M. LANGHORNE J<EITH DENNIS J. SMflli

DAVID T. STITT LESLIE M. ALDEN

KATHLEEN H. MAC'AAY JONAlliAN C. THACHER

R. TERRENCE NEY GAYLORD L FINCH, JR.

RETIRED JUDGES

RANDY I. Be.LOWS December 9, 2002 JUDGES

Thomas J. Stanton 221 S. Fayette Street Alexandria, Virginia 22314

Timothy S. Coyne 29 N. Braddock Street Winchester, Virginia 22601

Re: Eckert v. AAA Disposal Services Inc., et al, At Law No. 201929

Dear Counsel:

On last Friday's motions day, December 6, 2002 counsel submitted the question of whether defendant's attempted confession of judgment or plaintiff's motion for nonsuit takes precedence.

After reviewing the confession of judgment handed up by counsel, I conelude that the confession of judgment is inadequate in that the person authorized to confess judgment, Mr. Hayes, is not the person actually confessing it, Nlr. Smith. Under such circumstances, the confessed judgment is ineffective.

A review of Va. Code§ 8.01-432 provides that a judgment may be confessed in a pending suit but further provides that the judgment confessed may be "for only such principal and interest as his creditor mav be willing to accept a judflment for." (Emphasis added). This language implies that a creditor must be willing to accept the judgment confessed, before it is final. Obviously, here the plaintiff has not accepted the judgment.

In view of these circumstances, I conclude that the case has not been submitted to the Court for decision within the meaning of Va Code§ 8.01-380.A, and accordingly the plaintiff's nonsuit as a matter or right is preserved. A copy of a nonsuit order, consistent

-67- OPINION LETTER

Ecurt v. AAA Disposal Servir.:es. Inc. et al. At Law No. 201929 Page 2 o/2 December 9, 2002

with the motion made by counsel in open court during today's oral argument, has been entered. A copy of this order is enclosed. Endorsement of counsel is waived in accordance with Rule 1: 13. However, defense counsel are invited to file - in the next 21 days -- any exceptions they deem appropriate.

Arthur B. Vieregg

-68- OPINION LETTER

FOWLER, GRIFFIN. COYNE, COYNE. & PAITON, P.C; Attorneys at Law Winchester, Virginia

JAMES R. ECKERT, Plaintiff

v.

MIGUEL ARAGON-CAMPOS and REPUBLIC SERVICES OF VIRGINIA, LLC/ AAA DISPOSAL SERVICE, INC.,

Defendants

DEFENDANTS' OBJECTIONS AND EXCEPTIONS TO THE LETIER OF OPINION DATED DECEMBER 9. 2002

AND HIS ENTRY OF AN ORDER GRANTING PLAINTIFF A NON-SUIT ON DECEMBER 6. 2002

COME NOW the Defendants, by counsel, and hereby note their objections

and exceptions to the letter opinion of the Court dated December 9, 2002 and to

the Court's .entry of an order granting plaintiff a non-suit entered on December 6,

2002:

1. A motion for non-suit cannot be granted when the case is already

over; this case· was over based upon the full confession of judgment

by both defendants, personally and by counsel on De~ember 4, 2002

at 2:37 p.m. Once filed with the clerk, the confession of judgment is

"as final and as valid as if entered in court on the day of such

confession." See Smith v. Mayo, Trustee. 83 Va. 910, 912 5 S.E. 276

(1887); Deeds v. Gilmer. 162 Va. 157, 275, 174 S.E. 37 (1934). The

Plaintiffs motion for non-suit was not filed until December 5, 2002 at

11: 16 a.m., after the confession of judgment was filed and disclosed

1

-69-{j('\(i I I"'

to the Plaintiff . .....

2. The Court's letter opinion dated December 9, 2002 indicates that

Virginia Code §8.01·432 only allows for a confession of judgment

when the creditor is willing to accept the judgment as confessed. As

the Virginia Supreme Court has directed, the plaintiff cannot accept

more or receive more than is sued for. The confession of judgment

filed in this case was for everything sued for. See Town & Countty

Prooerties. Inc. v. Riggins. 247 Va. 387, 399 (1995).

3. The face of the document on the confession of judgment indicates

that the Assistant General Manager, Mr. Smith, signed the confession

of judgment<0n behalf of AAA/Republic Services, Inc .. There was a

typographical error in the typed portion of the notary block referring

to another individual, but typographical error does not invalidate the

confession. In addition, the confession is valid because it is endorsed

by the attorney for both defendants confessing judgment.

4. The Court found no "inadequacy" as to the confessiop. of judgment by

Mr. Campos, one of the co-defendants, who is jointly and severally

liable. This confession standing alone gives the Plaintiff everything · FOWL.ER GRIFFIN, COYNE, COYNE,

he sued for. & PATION, P.C. Attorneys at Law Winchester, Virginia 5. Further, the Court had already entered the non-suit order on

December 6, 2002, mooting any basis set forth in the December 9,

2002, letter opinion.

2

-70-n n n 1 , ,

, FOWLER, GRIFFIN, : COYNE. COYNE.

&: PATION. P.C. : Attorneys at Law ~Winchester, Virginia

6.

By counsel:

A confession of judgment for everything the plaintiff has asked for

effectively ends the case and the suit. A plaintiffs attempt to later

non-suit the case, after the confession of judgment has been filed with

the Court confessing judgment for everything sued for is too late.

The judgment became final when the confession of judgment was

filed with the Clerk.

Re~pectfully submitted,

l\lliguelAragon-Cam.posAND REPUBLIC SERVICES OF VIRGINIA, L.L.C., the successor in interest to AAA DISPOSAL SERVICE, INC.

By: __ ;;;;+---------1--------J. David Griffin, Esq., Stat Bar No. 29002

FOWLER GRIFFIN COYNE COYNE & PATTON, P.C. 29 North Braddock Street Post Office Box 403 Winchester, Vrrginia 22604 Phone: (540) 667-6400/Facsimile: (540) 722-4828 Counsel for Defendants

3

-71-n n n t I')

FOWLER. GRIFFIN. COYNE. COYNE. & PATION, P.C. Attorneys at Law Winchester, Virginia

CERTIFICATE

I certify that on the _17th_ day of December, 2002 a true copy of the foregoing pleading was mailed postage prepaid to Thomas J. Stanton, Esq., Stanton & Associates, 221 South Fayette Street, Alexandria, Virginia 22314.

QJ?au»#= J. David Griffin, Esq.

4

-72-n n n 1 1 ~

FOWLER. GRIFFIN, COYNE, COYNE, & PAITON, P.C. Attorneys at Law Winchester, Virginia

VIRGIN I A: IN THE CIRCUIT COURT OF FAIRFAX COUNTY

JAMES R. ECKERT, Plaintiff

v.

MIGUEL ARAGON-CAMPOS and REPUBLIC SERVICES OF VIRGINIA, LLC/ AAA DISPOSAL SERVICE, INC.,

Defendants

NOTICE OF APPEAL

NOW COMES, MIGUEL ARAGON-CAMPOS and REPUBLIC SERVICES OF

VIRGINIA, LLC/ AAA DISPOSAL SERVICE, INC., by counsel, pursuant to Rule 5:9 of

the Rules of the Supreme Court of Vrrginia and gives notice that it is appealing the

Final Order of The Honorable Arthur P. Vieregg, Judge, dated December 6, 2002,

and the Judge's letter opinion, dated December 9, 2002. A statement of facts and

other incidents of the case will be filed.

By counsel:

Respectfully submitted, Miguel Aragon-Campos AND REPUBLIC SERVICES OF VIRGINIA, L.L.C., the successor in interest to AAA DISPOSAL SERVICE, INC.

/J~~= EsN& No. 29002 . FOWLER GRIFFIN COYNE COYNE & PATION, P.C. 29 North Braddock Street Post Office Box 403 Winchester, Vrrginia 22604 Phone: (540) 667-6400/Facsimile: (540) 722-4828

1

-73-II n n t , ,

FOWLER. GRIFFIN, COYNE, COYNE. & PATION, P.C. Attorneys at Law Winchester, Virginia

..... CERTIFICATE

I certify that on the 2nd day of January, 2003, a true copy of the foregoing pleading was mailed postage prepaid to Thomas J. Stanton, Esq., Stanton & Associates, 221 South Fayette Street, Alexandria, Virginia 22314.

2

-74-n n n 1 IC:

._.; - "' <:& • " '\. ••. RCUIT COURT OF FAIRFAX CO~TV

COMMONWEALTH OF VIRGINIA • RECEIPT NBR: PS-2003402207 ***** COP6 A ***** PAGE: J

c TIME: 15:44 DATE RECEIPTED: l2 llf2003 DATE FILED: 02711/2003 RECEIPT FOR: LAW CASE APPEALED-SUPREME C UR OF APPEALS

IDENTIFICATION NAME: JAMES ECKERT V AAA DISPOS L REVENUE REVENUE REVENUE

,. ~~~ESCRIPTION CODE AMO~NT ; 1\lW$~@!DL. 0304 20. 00

CFN: L201929 -'°~fll<?Ji!~Q._~\\t.h . 0350 12. 00 ~ \..-(1.' .. ~· .

1 'forlA~ai.A~mm PAID $32. 00 CHECK NBR lS) 2 4 3 0 6 I id/!"

0. ~ l "'f: ... tl a•( eHE~R~ ~O'Ulff', -~CE IVED $ 3 2 . 0 8

CASHIER IO: TINA SETTLE# e4~rn .~J Gu0 "VJ~ fHANGE $0. 0

.4' (j $Qju • . t:;io -,- v~~

John T. Frey Clerk of Circuit Court

I. .e. • u~r.A .~ ~ ...... 41)-& ~ ~ ~ ~. ~~ -. "0~1-· P!.._fr~a v ~ 'a......., &

~ If>' : 0 c:, c '}) li!fi{ ~ ii \! < ID ~/P ~ I a: ~ ,\. . . = ~ ~ lo\~t0 ·~ -~:::JI ' \ ~ . 7 .'· ~~~ / .I ~ii ~ J',t- - . . ~~ 6 I '~~ ,,. o C> ~~l.t>nzi1em 'lt'\l\~~ tt (ii ..Jlr,.il

~ 0 ~c!J Slll1'1' "o ~o ~

- . 0 o~(*o~C$<fl. ..JiJiP

~~\\,., VJRG1.N\ I\._ . ;

·~''''''~"~ 000116

OffidAI RP.f~P.int

FOWLER. GRIFFIN. COYNE. COYNE. & PATTON, P.C. Attorneys at Law Winchester. Virginia

VIRGINIA:

IN THE CIRCUIT COURT OF FAIRFAX COUNTY

JAMES R. ECKERT, Plaintiff

v.

AAA DISPOSAL SERVICE, INC. AND MIGUEL ARAGON-CAMPOS

Defendants

AT LAW NO. 201929

WRITfEN STATEMENT OF FACTS

1. Ori February 17, 2000, James R. Eckert, was the operator of a motor

vehicle that was involved in a "daisy.·chain" automobile accident on West Ox Road

in ".Fairfax County, Virginia. At that same place and time, Pefendant Miquel

Aragon-Campos was operating a trash truck in the scope of his employment for

AAA Disposal Service, Inc. Defendant Miguel A. Aragon-Campos struck a Chevrolet

pick-up truck driven by Roger B. Wood, which in tum hit James R. Eckert's vehicle,

which in tum hit the vehicle in front of him, which in turn hit the vehicle in front of

him, which in turn hit the vehicle in front of him. In total, the trash truck and five

other vehicles were involved in this accident.

2. On February 13, 2002, James R. Eckert filed suit against AAA.

Disposal Service, Inc. and Miguel Aragon-Campos alleging negligence and clairnJng

damages. The Plaintiff sought judgment against the Defendants in the amount of

$60,000.00, plus costs with interest as allowed by law.

1

-76-

FOWLER. GRIFFIN. COYNE. COYNE. & PA'ITON, P.C. Attorneys at Law Winchester, Virginia

3. The case was scheduled for trial on January 13, 2003, for 2 days.

4. On November 7, 2002, Plaintiff filed his motion to increase the ad

damnum in this case from $60,000 to $350,000.

5. On November 12, 2002, Defendants filed their motion to amend their

pleadings to admit liability in the case.

6. At a hearing on November 15, 2003, the Court denied the motion to

increase the ad damnwn as being brought too close to the date of trial, but allowed

the motion to admit liability.

7. The issue remaining for trial was the amount of the Plaintiffs

damages.

8. On December 4, 2002, the Defendants filed in the Fairfax County

Circuit Court a Confession of Judgment whereby each Defendant confessed

judgment, jointly and severally, for $60,000.00, the entire amount sued for in the

Motion for Judgment, plus costs with interest as allowed by law. The Confession of

;~ ~~eiRJ Judgment was ex:eel:ltecl ay the iBGividnal Defei:idaat, Miguel l'c. i".aaggn-Car:opos,

and bf a eerperate !'Qpr:esei:itati1re t'or l>.l\l': Dispesal Semees, lac. ·The Confession of

Judgment was also executed by counsel for both Defendants. The clerk's office

initially indicated that a promissory note must accompany the confession; however,

the Confession of Judgment was ultimately accepted for filing by the clerk's office

on December 4, 2002, at 2:37 p.m.; a copy was mailed to counsel

9. As of December 5, 2002, no entry of judgment was made on the

docket.

2

-77-·'"' ""' .-. . - .

FOWLER. GRIFFIN, COYNE. COYNE. & PAlTON. P.C. Attorneys at Law Winchester, Virginia

10. On December 5, 2002, counsel for Defendants called counsel for

Plaintiff and left a message for him to call since depositions had been previously set

for December 6, 2002. Counsel for Plaintiff later called and at that time advised

counsel for Defendants that Plaintiff had decided to file for a non suit. An

additional copy of the confessed judgment was immediately dispatched to counsel

for plaintiff via facsimile which demonstrated the date stamp and time of the

confession of judgment accepted by the Clerk's Office.

11. Plaintiff had not consented to entry of a judgment by confession for

the amount sued for.

12. After a search of the records at the Courthouse to determine that no

judgment by confession had been entered on the court docket and no final order

had been entered in the case, on December 5, 2002, at 11: 17 a.m. Plaintiff filed his

motion for entry of non-suit.

13. On December 6, 2002, the trial court heard argument on the

Plaintiffs motion for entry of an order of non-suit. The Defendants objected to the

entry of an order of non-suit since the Confession of Judgment ha4 been previously

filed with the Clerk's office. Plaintiffs counsel stated that he had searched the

Court records and no confession of judgment had been docketed and no final order

had been entered on December 5, 2002, at the time he filed the motion for non-

suit. The Plaintiff argued that a confession of judgment was not a submission to

the Court for a decision within the meaning of Virginia Code Section 8.01-380.A

and that the Plaintiff had an absolute right to a non-suit. The Defendants argued

3

-78-n n n I 'iC

FOWLER. GRIFFIN, COYNE. COYNE. & PATION. P.C. Attorneys at Law Winchester. Virginia

that the Co~ession of Judgment ended the cas~ as the Plaintiff had a judgment for

the total amount he could recover. The Defendants argued that a non-suit motion

could not be filed after a case is over and a Confession of Judgment for everything

the plaintiff asks for in his Motion· for Judgment effectively ends the case and the

suit. The Court took the matter under advisement.

14. On December 6, 2002, the Court entered an order granting the

plaintiffs motion for non-suit.

15. On December 9, 2002, the Court issued a letter opinion explaining its

basis and rulings.

16. On December 17, 2002, the Defendants dispatched their exceptions

to the Court's ruling.

17. The order and letter opinion of the Court became final orders, and

<t:;e:~::3 -~-1----__.;=------------JUDGE ARTHUR B • .VIEREGG

SEEN AND AGREED:

J. ~vid Griffin, Esq., State Bar No. 29002 FOWLER GRJFFIN COYNE COYNE & PATTON, P.C. 29 North Braddock Street Post Office Box 403 Winchester, Virginia 22604 Phone: (540) 667-6400/Facsimile: (540) 722-4828 Counsel for Defendants

4

-79-

FOWLER. GRIFFIN, COYNE, COYNE~ & PATION, P.C. Attorneys at Law Winchester, Virginia

.:-

Thomas J. Stanton, Esq. Stan ton & Associates 221 South Fayette Street Alexandria, VA 22314 Phone: 703-299-4445/Fax: 703-299-44 73 Counsel for Plaintiff

5

-80-

FOWLE~ GRIFFIN, COYNE. COYNE. &PATION,P.C. Attorneys at Law Wmchester, Virginia

FL'._EO v IR GIN I A: IN THE cm.curr COURT OF FAIRF.AX~Ccn:m:m-tCES

JAMES R. ECKERT, Plaintiff

v.

MIGUEL ARAGON-CAMPOS and REPUBLIC SERVICES OF VIRGINIA, LLC/ AAA DISPOSAL SERVICE, INC.,

Defendants

2002 DEC - 4 PH 2: 31

.J8 HN T. f-f~E Y CLEEr;, ClRCUi .t COURT AT IAWri~. 201929

CONFESSION OF JUDGMENT

WE, MIGUEL ARAGON-CAMPOS and REPUBLIC SERVICES OF VIRGINIA,

LLC/AAA DISPOSAL SERVICE, INC., ACKNOWLEDGE ourselves, jointly and

severally, to be justly indebted to and do hereby confess judgment in favor of

JAMES R. ECKERT in the total sum of Sixty Thousand Dollars ($60,000.00), which

is the amount sued for in the ad damnum of the plaintiffs motion for judgment, as

well as the plaintiffs costs and interest as allowed by law as pled in the original

motion for judgment.

Given under our hand thiS o/ day of A e-. ,6 ur

~guelAragon-CaIIlpos

COMMONWEALTH OF VIRGINIA, AT LARGE, City/County of---=E:.r-A..;.JO , to-wit:

'2J. The foregoing instrum~nt was acknowledged before me this ,,._ 4H'. , 2002, by Miguel Aragon-Campos.

My commission exp~:t:oo'+ .

~ 1

-81-

'2002.

i day of

.:-

FOWLER. GRIFFIN. COYNE. COYNE. &PATION.P.C. Attorneys at Law Winchester, Virginia

REPUBUC SERVICES OF VIRGINIA, L.L.C., the successor in interest to AAA DISPOSAL SERVICE, INC.

By: ~l..~ Name: S:r~w ~ ;s;....,~ =\""' Title: ~·s~e# G,q,r:a~' N.._,.,'30.

COMMONWEALTH OF VIRGINIA, AT IARGE, City/County of~-:.r-~>' , to-wit:

The foregoing instrument was acknowledged before me this L\- day of )os-ew'o-«- , 2002, by Tim Hayes, who has authority to bind MA Disposal Service, Inc.,

My commission expires: "'Jl.\, r 3\ I 'd.Dotf " \:

By:-.J..4--L+-.!~~~(t..JdEU:::=::-----J. avid Griffin, Esq. State Bar No. 29002

Attorney and Counsel for the Defendants FOWLER GRIFFIN COYNE COYNE & PATTON, P.C. 29 North Braddock Street Post Office Box 403 Winchester, Virginia 22604 Pho:ne: (540) 667-6400/Facsimile: (540) 722-4828 Counsel for the Defendants

2

-82-

FOWLER, GRIFFIN, COYNE, COYNE. &PATION, P.C. Attorneys at Law Wmchester, Virginia

VIRGIMA:

IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF FAIRFAX COUNTY, the

foregoing Judgment was duly confessed before me and my said office on the 4th day

of December, 2002, at o'clock p.m., and has been duly entered of record in

Common Law Order Book No. ~.Page __ _

ATTEST:

CLERK

3

-83-n n (") l 'Jri

ASSIGNMENT OF ERROR

1. THE TRIAL COURT ERRED IN GRANTING THE PLAINTIFF'S MOTION FOR AN ORDER OF NON-SUIT THAT WAS FILED AFTER THE DEFENDANTS HAD CONFESSED JUDGMENT FOR THE ENTIRE AM:OUNT SUED FOR IN THE MOTION FOR JUDGivIENT

-84-

ASSIGNJV!ENT OF CROSS-ERROR

I. TI.IE TRIAL COURT ERRED lN DENYING THE PLAINTIFF'S MOTION, MADE MORE THA.i"\f 60 DAYS PRIOR TO THE DATE OF TRIAL, TO il'TCREASE THE AD DAMNUM il'T THE CASE FROM $60, 000 TO 350, 000.

-85-