Kern v. Bethlehem Steel Co.

21 Pa. D. & C.3d 163, 1981 Pa. Dist. & Cnty. Dec. LEXIS 233
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedOctober 9, 1981
Docketno. 34
StatusPublished

This text of 21 Pa. D. & C.3d 163 (Kern v. Bethlehem Steel Co.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kern v. Bethlehem Steel Co., 21 Pa. D. & C.3d 163, 1981 Pa. Dist. & Cnty. Dec. LEXIS 233 (Pa. Super. Ct. 1981).

Opinion

GARDNER, J.,

This case came before the court on defendant’s motion for order to have plaintiff file proper answers to defendant’s interrogatories. The motion was argued July 15, 1981.

For reasons expressed in this opinion, we are granting defendant’s motion, in part.

This is a trespass action brought by plaintiff truck driver against defendant company. Plaintiff alleges that defendant’s employes improperly loaded steel beams on plaintiff’s truck. Plaintiff claims that, as a result, the load shifted while plaintiff was driving. Plaintiff contends that the load jarred the cab position of the vehicle, causing injuries to plaintiff.

Counsel for defendant served 69 interrogatories upon plaintiff. Plaintiff responded to most, but not all, of the interrogatories through answers and supplemental answers filed prior to argument.

At oral argument defendant contended that six of the interrogatories, numbers 6, 8, 9, 10, 31 and 32, were not answered completely, or were not answered at all. It is those interrogatories which are before the court for consideration.

Plaintiff did not object to any of the interrogatories in his answer in accordance with Pa.R.C.P. 4006(a)(2), nor did he apply for a protective order under Pa.R.C.P. 4012.

Pa.R.C.P. 4006(a)(2) provides: “Each interrogatory shall be answered fully and completely unless [165]*165objected to, in which event the reasons for the objection shall be stated in lieu of an answer.”

Pa.R.C.P. 4019(a)(2) provides: “A failure to act described in subdivision (a)(1) [failure to serve answers or sufficient answers to interrogatories] may not be excused on the ground that the discovery sought is objectionable unless the party falling to act has filed an appropriate objection or has applied for a protective order.”

Turning to the specific interrogatories, number 6 reads:

“6. Give the dates when medical assistance was received and the period of confinement or treatment.”

Plaintiff’s answer to interrogatory number 6 provides:

“St. Luke’s Hospital — December 6, 1975

Doctor Willard Kindt — First week after accident

Doctor Sarkissian (sic.) — December 15, 1975 to November 5, 1976.

Doctor James Nelson — October 6, 1976 to January 5, 1977.”

Plaintiffs supplemental answer to interrogatory number 6 states:

“6. The plaintiff was not confined to the hospital on an in-patient basis.”

Accordingly, we find that plaintiff has adequately answered interrogatory number 6 concerning receipt of out-patient medical assistance at St. Luke’s Hospital on December 6, 1975.

However, we find plaintiff’s answers concerning assistance rendered by the doctors to be insufficient. Specifically, defendant is entitled to know the number of visits and the specific dates of each visit [166]*166to each doctor, rather than merely the period during which those visits occurred: Fetterolf v. Levick, 80 D. & C. 523 (1952).

Under Pa.R.C.P. 4005(c) written interrogatories to an adverse party may relate to any matters which can be inquired into under Rules 4003.1 through 4003.5. Rule 4003.1 defines the scope of discovery generally as “regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party. ...” We find the number and date of visits by plaintiff to his doctors to be relevant in this personal injury action, and, accordingly, direct plaintiff to provide that information.

Interrogatory number 8 reads:

“8. State the diagnosis or prognosis given by the persons treating you, setting forth an appropriate portion of any written report made to you or a person acting in your behalf which reflects such diagnosis or prognosis.”

Plaintiff’s answer to interrogatory number 8 provides:

“concussion
severe bruises
shock to nerves and nervous system.”

Defendant concedes that the answer constitutes a diagnosis, but argues that the answer is incomplete because it fails to provide a prognosis or written report.

The identical interrogatory was approved in [167]*167Hilgert v. Fish, 8 D. & C. 3d 271 (1978), subject to a limitation not applicable here.

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21 Pa. D. & C.3d 163, 1981 Pa. Dist. & Cnty. Dec. LEXIS 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kern-v-bethlehem-steel-co-pactcompllehigh-1981.