Page 1 Case 1:02-cv-04635-FLW-JBR Document12 Filed 02/09/2004 Page 1of6
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VINCINAGE
JOSEPH CELENTINO
VS.
CASE NO. 02-CV-4635(flw)
RESORTS CAMPGROUNDS
CORPORATION T/A AND/OR
D/B/A RESORT CAMPGROUND
COUNTRY CLUB
JOINT FINAL PRE-TRIAL ORDER
Part L JURISDICTION AND BRIEF SUMMARY OF THE CASE:
Plaintiff allcges complete diversity as he is a resident of the Commonwealth of
Pennsylvania and defendant, Resort Campgrounds Corporation, is located in New Jerscy.
Plaintiff alleges that on September 26, 2000, he was moving a large (ree limb brought
down by a recent storm when he stepped in a hole in the dirt road and fell, injuring
himself.
Part Ul. STIPULATED FACTS:
) It is stipulated that the accident occurred on September 26, 2000, on the
premises of Resort Campgrounds Corporation, t/a Campground Country Club, 561
Corson Tavern Road, Ocean View, NJ 08230-0602.
Part IU. EACH PLAINTIFF'S CONTESTED FACTS:
A. Defendant failed to properly maintain and inspect and warn Plaintiff of the
dangerous condition on their property causing Plaintiff's injury.
B. Extent degree of permanency;
C. Validity and enforceability of Defendant’s lease agreement.
Part IV. EACH DEFENDANT’S CONTESTED FACTS:Page 2 Case 1:02-cv-04635-FLW-JBR Document12 Filed 02/09/2004 Page2of6
]) Defendant intends to prove the following contested facts with regard to
hability:
This accident was due solely Plaintiffs comparative-negligence in failing
to make proper observations, failing to account for his own physical condition,
and failing io conduct himself in a reasonable, safe and proper fashion. Defendant
will also prove that it did not have notice of the condition alleged by plaintiff to
have led to his injury. Defendant will also prove that plaintiff's actions fell within
the applicable lease, and its “hold harmless”: and indemnification clauses.
Defendant will prove that the condition alleged by Plaintiff did not cxist at the
lime of the incident. Defendant will also prove that Plamtiff was well aware of the
nature and makeup of the surface of the roadways on defendant's premises.
Defendant will also prove that its actions through its agents, cmployees, or
representatives were fully reasonable and not negligent under the all
circumstances.
). Defendant intends to prove the following contested facts with regard Lo
damages:
Defendant will prove that Plaintiff's alleged injurics were indeed to his
pre-existing physical condition, and will prove that plaintiff has been disabled
since al lease the mid- 1980s. Defendant will also prove that there has been no
loss of income or wage due io any alleged injury to the Plaintiff.
Part V. WITNESSES AND SUMMARY OF TESTIMONY:
Al. Joseph Celentino 1370 Edgchill Road, Darby Pa, 19023; Mr. Celentino is
the Plaintiff in this matter he will testify that on 9/26/)0 he was operating his vehicle in
the Defendant’s complex when he stopped his vebicle to remove a large branch on the
road so that he can proceed further. Afier he exited his vehicle to remove that branch he
stepped in to a hole on the dirt road severely fracturing his ankle causing scrious injunes
previously stated. He will further testify to the medica] treatment that he received as well
as the restrictions that the injury left him with. He will further testify that this is a dirt
road, which has holes in it throughout, and that his foot went completely into the hole
immediately prior to him falling.
. Pearl Meyer 7503 Harper Drive, Morrisville, PA 19067; Ms. Meyer will
testify thal she came upon the scene as it is right by where her trailer rests and that she
found Mr. Celentino lying on the ground alter having stepped into the hoJe complaining
of severe pain. She will further testify that the roads in which this happened have
potholes all over them as it is a dirt road and is constantly subject to the weather. She will
also testify that she does nol recall sceing anybody from the defendant’s campground
inspecting the arca despite the fact that it is their responsibility to do so. The plamtilf
expects that she will testify consistent with her deposition and testify that the roads are
bad and that she went and got somebody {rom the campground to help Mr. CelentinoPage 3 Case 1:02-cv-04635-FLW-JBR Document12 Filed 02/09/2004 Page3of6
whom was lying on that road. She will testify that he stated to her that he belicved he
broke his ankle. She will further testify as to the arrival of an ambulance and that he was
taken from the scene by ambulance. She will testify that the roads are hard sand and
when it rains it rans down and makes all kinds of holes, there is water all over it and
everything, and that the condition was present on September 26 and prior thereto. She
will also testify that the Defendant’s employees do grading and filling but that does not
remedy the situation totally.
. William Murphy 2431 Ronson Avenuc, Orlando FL 32818; Plaintiff expects that
William Murphy will be called in Plainiiffs case in chief and that he will testify
substantially the same as his deposition taken on August 11, 2003 by telcphone. Plaintiff
expects that Mr. Murphy will testify that he was employed by the defendant as the
general manager on the datc of the aceident. He will testify that the roads are dirt and
potholes develop. He will testify that there was no specific day month or year when he
did inspections of the road and in fact would find the potholes when he was just riding
around. He will testify that there is no procedure and or specific time where he would go
and check the potholes. He will testify that potholes could remain on the road for days
and or months without being fixed. He will testify that although complaints are typically
written down he does not know whether the written complaints are kept anywhere and
most of them would be referred to him verbally. He will testify that at the time of this
accident the amount of maintenance men would be a skeleton force of maybe four people
for the entire campground, which is 54 acres. He will testify that he was informed of this
incident by the witness Pearl Meycr on the day of the incident. He will testify that he saw
Mr. Celentino lying on the ground and that it is the campgrounds responsthility to clean
debns and that they had not started cleaning the debris yet that moming. This despite the
fact that they are due in a 9:00 a.m. and this incident occurred sometime after 10:00 a.m.
He will testify that this incident occurred on Pennsylvania Avenue, which in fact is the
main road out of the complex. And that this road was the most efficient and shortest way
out and that taking Pennsylvania Avenue from Mr. Celentino trailer was the shortest and
most efficient.
, Ronald Showers 561 Corson Tavern Road, Ocean View, NJ 08230 (Son). Plaintiff
expects thal Ronald Showers will testify consistent with Defcndant’s Pre-trial statement
however Plaintiff has not had the opportunity to depose Ronald Showers.
. Karen Celentino. Plaintiff expects that Karen Celentino whom is the wife of
Plaintiff will testify to the restrictions that Mr. Celentino had during the course of his
treatment as well as the severity of the injury that he suffered on Delendant’s property.Page 4 Case 1:02-cv-04635-FLW-JBR Document12 _ Filed 02/09/2004 Page4of6
Part VI.
Delendant’s Objections to Plainuff's Wiinesses:
Defendant objects to the testimony of all witnesses listed in Plaintiff's
position of the “Joint Final Pre-Trial Order”, as plaintiff has failed to
provide a summary of testimony,
Defendant’s Witnesses and Summary of Their Testimony:
, Defendant intends to call the following witnesses with regard to
liability and anticipates they will testify as follows:
a). William Murphy, 2431 Ronson Avenue, Orlando, FL 32818- Mr,
Murphy will testify as to the general procedures followed by defendant in
maintenance, repairs, and so forth, of the premises and the roadways in
questions; he will testify as to his knowledge of the incident, including the
absence or presence of limbs, potholes, and other items claimed by
Plaintiff to be the source of his injuries; he will testify as to his
observations of the scene of the accident on the day of the accident.
b). Ronald Showers, President, Resorts Campground Country Club,
P.O. Box 602, Ocean View, NJ 08230- Mr. Showers will testify as to the
procedures followed by defendant with regards to repairs, maintenance,
inspections, and so forth, of the roadways on the premises; he will testify
as to the nature of the premises; Mr. Showers will testify as to his
observations of the plaintiff both before and after this incident, including
any physical disabilities that cxisted prior to and after this incident; he will
testify as to the defendant's actions to be taken after a storm such as the
one that occurred shortly before the incident occurred.
Plaintiff's Objections to Defendant’s Witnesses:
Ronald Showers- Not deposed as yet.
EXPERT WITENSSES:
Plaintiff's expert witnesses are:
A. Dr. Mark P. Brigham, M.D. Orthopedic Surgeon, 2004 Sproul Road,
Broomall, PA 19005;
. Defendant cannot pose objections al this time as the curnculum vitac has not
been provided with regards to plaintiff's expert.
Defendani’s expert witnesses are:Page 5 Case 1:02-cv-04635-FLW-JBR Document12 _ Filed 02/09/2004 Page5of6
a) Joseph Bernstein, M.D., 501 South 54h Strect, Philadelphia, PA 19143
(Dr. Bermstein’s curriculum vitae is attached hercto).
Part VII. EXHIBITS:
Plaintiff's Exhibits
A. Plaintiff intends to introduce the following exhibits into evidence
Incident Report dated 9-26-00;
Deposition of William Murphy;
Deposition of Pearl Meyer;
Campground Lease;
Pictures;
Map of Campground.
MOB ww Ne
Defendant's Exhibits
B. Defendant intends to introduce the following exhibits into evidence(hsted
by number with a description of each exhibit):
Incident report dated 9/26/00,
Deposition of Plaintiff;
Plaintiff's answers to interrogatories plus allachments,
Medical records regarding plaintiff's prior injuries and disabititics;
The applicable lease;
Polaroid photographs;
Exhibits marked at the time of Plaintiff's deposition, including the above-
mentioned incident report, the Polaroid photographs noted above, a hand
written note dated 10/16/2000 and signed by Joseph Celentmo, marked at
deposition as D-10, and the lease referred to above;
. Campground map;
Part VIIT. LAW
B. Plaintiff. Whether Plaintiff necds to prove Defendant’s notice of this condition if
Defendant chose the composition of the road in which the Plaintiff was
injured?
. Whether a recreational lease is a contract of adhesion?
. Whether a clause titled “indemnification” in a recrcational lease bars Plaintiffs
claim for injuries sustained by Defendant’s negligence?
C, DefendantPage 6 Case 1:02-cv-04635-FLW-JBR Document12 Filed 02/09/2004 Page6of6
PART IX,
PART X.
PART XL
Defendant’s statement of the lcgal issues in this case- Defendant contends
that plaintiff's action fall within the provisions of the applicable lease and
therefore this action against defendant is barred.
Defendant also contends that defendant did not have the required notice of
any alleged dangerous condition.
Under various provisions of the New Jersey Pine Barrens Statutes,
defendant was prohibited from using certain surface materials on or about
the scene of Plaintiff's incident.
Plaintiff's actions in failing to conduct himself in a manner appropriate to
all the prevailing circumstances and to his physical condition constitute
comparative negligence to a degree of 51% or more, and defendant is thus
legally entitled to judgment in its favor.
MISCELLANEOUS
NON-JURY TRIALS (If Applicable}
CONCLUDING CERTIFICATION
We hereby certify by the affixing of our signature to this Final Pretrial Order that
it reflects the cfforts of all counsel and that we have carefully and completely reviewed
all parts of this Order prior to its submission to the court. Further, iis acknowledged that
amendments to this Jomt Final Pretrial Order will not be permitted except where the court
determines that manifest mjustice would result ifthe amendment is not allowed.
Attomey for Defendant:
Dt d-—
M. Maa Ae (EE 9 Lo
Saetee
™\ 44-0 7
PDF Page 1
PlainSite Cover Page
PDF Page 2
Case 1:02-cv-04635-FLW-JBR Document12 Filed 02/09/2004 Page 1of6
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VINCINAGE
JOSEPH CELENTINO
VS.
CASE NO. 02-CV-4635(flw)
RESORTS CAMPGROUNDS
CORPORATION T/A AND/OR
D/B/A RESORT CAMPGROUND
COUNTRY CLUB
JOINT FINAL PRE-TRIAL ORDER
Part L JURISDICTION AND BRIEF SUMMARY OF THE CASE:
Plaintiff allcges complete diversity as he is a resident of the Commonwealth of
Pennsylvania and defendant, Resort Campgrounds Corporation, is located in New Jerscy.
Plaintiff alleges that on September 26, 2000, he was moving a large (ree limb brought
down by a recent storm when he stepped in a hole in the dirt road and fell, injuring
himself.
Part Ul. STIPULATED FACTS:
1) It is stipulated that the accident occurred on September 26, 2000, on the
premises of Resort Campgrounds Corporation, t/a Campground Country Club, 561
Corson Tavern Road, Ocean View, NJ 08230-0602.
Part IU. EACH PLAINTIFF'S CONTESTED FACTS:
A. Defendant failed to properly maintain and inspect and warn Plaintiff of the
dangerous condition on their property causing Plaintiff's injury.
B. Extent degree of permanency;
C. Validity and enforceability of Defendant’s lease agreement.
Part IV. EACH DEFENDANT’S CONTESTED FACTS:
PDF Page 3
Case 1:02-cv-04635-FLW-JBR Document12 Filed 02/09/2004 Page2of6
]) Defendant intends to prove the following contested facts with regard to
hability:
This accident was due solely Plaintiffs comparative-negligence in failing
to make proper observations, failing to account for his own physical condition,
and failing io conduct himself in a reasonable, safe and proper fashion. Defendant
will also prove that it did not have notice of the condition alleged by plaintiff to
have led to his injury. Defendant will also prove that plaintiff's actions fell within
the applicable lease, and its “hold harmless”: and indemnification clauses.
Defendant will prove that the condition alleged by Plaintiff did not cxist at the
lime of the incident. Defendant will also prove that Plamtiff was well aware of the
nature and makeup of the surface of the roadways on defendant's premises.
Defendant will also prove that its actions through its agents, cmployees, or
representatives were fully reasonable and not negligent under the all
circumstances.
2). Defendant intends to prove the following contested facts with regard Lo
damages:
Defendant will prove that Plaintiff's alleged injurics were indeed to his
pre-existing physical condition, and will prove that plaintiff has been disabled
since al lease the mid- 1980s. Defendant will also prove that there has been no
loss of income or wage due io any alleged injury to the Plaintiff.
Part V. WITNESSES AND SUMMARY OF TESTIMONY:
Al. Joseph Celentino 1370 Edgchill Road, Darby Pa, 19023; Mr. Celentino is
the Plaintiff in this matter he will testify that on 9/26/)0 he was operating his vehicle in
the Defendant’s complex when he stopped his vebicle to remove a large branch on the
road so that he can proceed further. Afier he exited his vehicle to remove that branch he
stepped in to a hole on the dirt road severely fracturing his ankle causing scrious injunes
previously stated. He will further testify to the medica] treatment that he received as well
as the restrictions that the injury left him with. He will further testify that this is a dirt
road, which has holes in it throughout, and that his foot went completely into the hole
immediately prior to him falling.
2. Pearl Meyer 7503 Harper Drive, Morrisville, PA 19067; Ms. Meyer will
testify thal she came upon the scene as it is right by where her trailer rests and that she
found Mr. Celentino lying on the ground alter having stepped into the hoJe complaining
of severe pain. She will further testify that the roads in which this happened have
potholes all over them as it is a dirt road and is constantly subject to the weather. She will
also testify that she does nol recall sceing anybody from the defendant’s campground
inspecting the arca despite the fact that it is their responsibility to do so. The plamtilf
expects that she will testify consistent with her deposition and testify that the roads are
bad and that she went and got somebody {rom the campground to help Mr. Celentino
PDF Page 4
Case 1:02-cv-04635-FLW-JBR Document12 Filed 02/09/2004 Page3of6
whom was lying on that road. She will testify that he stated to her that he belicved he
broke his ankle. She will further testify as to the arrival of an ambulance and that he was
taken from the scene by ambulance. She will testify that the roads are hard sand and
when it rains it rans down and makes all kinds of holes, there is water all over it and
everything, and that the condition was present on September 26 and prior thereto. She
will also testify that the Defendant’s employees do grading and filling but that does not
remedy the situation totally.
3. William Murphy 2431 Ronson Avenuc, Orlando FL 32818; Plaintiff expects that
William Murphy will be called in Plainiiffs case in chief and that he will testify
substantially the same as his deposition taken on August 11, 2003 by telcphone. Plaintiff
expects that Mr. Murphy will testify that he was employed by the defendant as the
general manager on the datc of the aceident. He will testify that the roads are dirt and
potholes develop. He will testify that there was no specific day month or year when he
did inspections of the road and in fact would find the potholes when he was just riding
around. He will testify that there is no procedure and or specific time where he would go
and check the potholes. He will testify that potholes could remain on the road for days
and or months without being fixed. He will testify that although complaints are typically
written down he does not know whether the written complaints are kept anywhere and
most of them would be referred to him verbally. He will testify that at the time of this
accident the amount of maintenance men would be a skeleton force of maybe four people
for the entire campground, which is 54 acres. He will testify that he was informed of this
incident by the witness Pearl Meycr on the day of the incident. He will testify that he saw
Mr. Celentino lying on the ground and that it is the campgrounds responsthility to clean
debns and that they had not started cleaning the debris yet that moming. This despite the
fact that they are due in a 9:00 a.m. and this incident occurred sometime after 10:00 a.m.
He will testify that this incident occurred on Pennsylvania Avenue, which in fact is the
main road out of the complex. And that this road was the most efficient and shortest way
out and that taking Pennsylvania Avenue from Mr. Celentino trailer was the shortest and
most efficient.
4, Ronald Showers 561 Corson Tavern Road, Ocean View, NJ 08230 (Son). Plaintiff
expects thal Ronald Showers will testify consistent with Defcndant’s Pre-trial statement
however Plaintiff has not had the opportunity to depose Ronald Showers.
5. Karen Celentino. Plaintiff expects that Karen Celentino whom is the wife of
Plaintiff will testify to the restrictions that Mr. Celentino had during the course of his
treatment as well as the severity of the injury that he suffered on Delendant’s property.
PDF Page 5
Case 1:02-cv-04635-FLW-JBR Document12 _ Filed 02/09/2004 Page4of6
Part VI.
Delendant’s Objections to Plainuff's Wiinesses:
Defendant objects to the testimony of all witnesses listed in Plaintiff's
position of the “Joint Final Pre-Trial Order”, as plaintiff has failed to
provide a summary of testimony,
Defendant’s Witnesses and Summary of Their Testimony:
1, Defendant intends to call the following witnesses with regard to
liability and anticipates they will testify as follows:
a). William Murphy, 2431 Ronson Avenue, Orlando, FL 32818- Mr,
Murphy will testify as to the general procedures followed by defendant in
maintenance, repairs, and so forth, of the premises and the roadways in
questions; he will testify as to his knowledge of the incident, including the
absence or presence of limbs, potholes, and other items claimed by
Plaintiff to be the source of his injuries; he will testify as to his
observations of the scene of the accident on the day of the accident.
b). Ronald Showers, President, Resorts Campground Country Club,
P.O. Box 602, Ocean View, NJ 08230- Mr. Showers will testify as to the
procedures followed by defendant with regards to repairs, maintenance,
inspections, and so forth, of the roadways on the premises; he will testify
as to the nature of the premises; Mr. Showers will testify as to his
observations of the plaintiff both before and after this incident, including
any physical disabilities that cxisted prior to and after this incident; he will
testify as to the defendant's actions to be taken after a storm such as the
one that occurred shortly before the incident occurred.
Plaintiff's Objections to Defendant’s Witnesses:
Ronald Showers- Not deposed as yet.
EXPERT WITENSSES:
Plaintiff's expert witnesses are:
A. Dr. Mark P. Brigham, M.D. Orthopedic Surgeon, 2004 Sproul Road,
Broomall, PA 19005;
2. Defendant cannot pose objections al this time as the curnculum vitac has not
been provided with regards to plaintiff's expert.
Defendani’s expert witnesses are:
PDF Page 6
Case 1:02-cv-04635-FLW-JBR Document12 _ Filed 02/09/2004 Page5of6
a) Joseph Bernstein, M.D., 501 South 54h Strect, Philadelphia, PA 19143
(Dr. Bermstein’s curriculum vitae is attached hercto).
Part VII. EXHIBITS:
Plaintiff's Exhibits
A. Plaintiff intends to introduce the following exhibits into evidence
Incident Report dated 9-26-00;
Deposition of William Murphy;
Deposition of Pearl Meyer;
Campground Lease;
Pictures;
Map of Campground.
MOB ww Ne
Defendant's Exhibits
B. Defendant intends to introduce the following exhibits into evidence(hsted
by number with a description of each exhibit):
Incident report dated 9/26/00,
Deposition of Plaintiff;
Plaintiff's answers to interrogatories plus allachments,
Medical records regarding plaintiff's prior injuries and disabititics;
The applicable lease;
Polaroid photographs;
Exhibits marked at the time of Plaintiff's deposition, including the above-
mentioned incident report, the Polaroid photographs noted above, a hand
written note dated 10/16/2000 and signed by Joseph Celentmo, marked at
deposition as D-10, and the lease referred to above;
10. Campground map;
Part VIIT. LAW
B. Plaintiff
1. Whether Plaintiff necds to prove Defendant’s notice of this condition if
Defendant chose the composition of the road in which the Plaintiff was
injured?
2. Whether a recreational lease is a contract of adhesion?
3. Whether a clause titled “indemnification” in a recrcational lease bars Plaintiffs
claim for injuries sustained by Defendant’s negligence?
C, Defendant
PDF Page 7
Case 1:02-cv-04635-FLW-JBR Document12 Filed 02/09/2004 Page6of6
PART IX,
PART X.
PART XL
Defendant’s statement of the lcgal issues in this case- Defendant contends
that plaintiff's action fall within the provisions of the applicable lease and
therefore this action against defendant is barred.
Defendant also contends that defendant did not have the required notice of
any alleged dangerous condition.
Under various provisions of the New Jersey Pine Barrens Statutes,
defendant was prohibited from using certain surface materials on or about
the scene of Plaintiff's incident.
Plaintiff's actions in failing to conduct himself in a manner appropriate to
all the prevailing circumstances and to his physical condition constitute
comparative negligence to a degree of 51% or more, and defendant is thus
legally entitled to judgment in its favor.
MISCELLANEOUS
NON-JURY TRIALS (If Applicable}
CONCLUDING CERTIFICATION
We hereby certify by the affixing of our signature to this Final Pretrial Order that
it reflects the cfforts of all counsel and that we have carefully and completely reviewed
all parts of this Order prior to its submission to the court. Further, iis acknowledged that
amendments to this Jomt Final Pretrial Order will not be permitted except where the court
determines that manifest mjustice would result ifthe amendment is not allowed.
Attomey for Defendant:
Dt d-—
M. Maa Ae (EE 9 Lo
Saetee
™\ 44-0 7
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