Verdict for defendant
A Carbon County jury panel ruled in favor of the defendant this week in a civil trial in which damages were sought for an alleged assault.
The suit was filed by John D. Whittaker, of 642 N. Laurel St., Hazleton, and his wife, Desiree, against Robert Brislin, of 14 N. Chestnut St., Tresckow.
Whittaker charged that he and the defendant went to a football game at Redskins stadium in Landover, Md., in October 2009 between Washington and the Philadelphia Eagles.
After the game the two went to the Days Inn in Lanham, Md., where they had a room to stay the night.
Whittaker claimed on or about Oct. 27 in their motel room Brislin, without reason, suddenly and without warning, jumped on his back forcing him to the ground causing him injuries. Those injuries included a labral tear to the right shoulder which resulted in pain to the shoulder and neck. He also allegedly suffered bruising to the head, face, left leg, elbow, back, and neck.
Attorney James Nanovic, representing Brislin, told the panel in his opening statement that both sides agree on most of the facts except what happened at the motel after the game.
He claimed that Whittaker had been drinking alcohol and was under the influence which did cause a dispute between the two men. That dispute led to Brislin telling Whittaker he was leaving to go back home and that the plaintiff told him to leave.
Nanovic said Brislin denied having any kind of physical contact with Whittaker at the motel and knew nothing about what happened to him after he left.
Whittaker sought damages in excess of $50,000 for injuries plus punitive damages and his wife sought damages for loss of consortium.
The trial began Monday with jury selection. The one day trial ended on Tuesday afternoon with the panel finding in favor of Brislin and awarding no damages. Whittaker was represented by Attorney James Scallion.
Judge Joseph J. Matika presided.
The following actions were filed as mortgage foreclosures for alleged defaults on loans.
Bank of America, c/o 7105 Corporate Drive, Plano, Tex., filed against Sheree Ann Harvan, 440 Center Ave., Jim Thorpe, over property at that address. Sought is $134,132.56 and continuing interest.
JP Morgan Chase Bank, c/o 1111 Polaris Parkway, Columbus, Ohio, filed against Jermaine Donnelly and April Warner, 1669 Powhatan Trail, Albrightsville, over property at that address. Sought is $111,015.40 and continuing interest.
JP Morgan Chase Bank filed against Diane Tomkin and Christopher Berger, 24 Contessa Court, Port Jefferson, N.Y., over property at 609 Towamensing Trail Rd., Albrightsville. Sought is $62,279.27 and continuing interest.
James B. Nutter & Company, c/o 4153 Broadway, Kansas City, MO., filed against Donald F. Jones, 531 Lehigh Ave., Palmerton, over property at that address. Sought is $57,474.90 and continuing interest.
Wells Fargo Bank, c/o 3476 Stateview Blvd., Fort Mill, S.C., filed against Jason R. and Michelle C. Brockway, 69 Wylie Circle, Albrightsville, over property at that address. Sought is $184,130.62 and continuing interest.
Wells Fargo Bank filed against Robert E. and Samantha Norris, 205 Kenneth Lane, Palmerton, over property at that address. Sought is $192,754.32 and continuing interest.
Wells Fargo Bank filed against Joann J. Ripley, Box 56, Jim Thorpe, over property at 567 Orange Lane, Albrightsville. Sought is $200,891.82 and continuing interest.
Vanderbilt Mortgage and Finance, c/o 5700 Alcoa Trail, Maryville, Tenn., filed against Alfredo Luna, 144 Brittany Drive, Albrightsville, over property at that address. Sought is $185,106.31 and continuing interest.
Loancare, a division of FNF Servicing Inc., c/o 3637 Sentara Way, Virginia Beach, Va., filed against Allen D. Fink, 4430 Little Gap Rd., Palmerton, over property at that address. Sought is $166,100.10 and continuing interest.
The following actions were filed by credit card companies, or their collection agencies, for alleged defaults on credit card/loan accounts.
CACH, Denver, Colo., filed against Randy S. Schoch, 1030 Hickory Rd., Palmerton, seeking $3,604.71.
Portfolio Recovery Associates, Norfolk, Va., filed two actions as follows: Melinda M. Young, 25 Fairyland Rd., Lehighton, seeking $1,665.34; and Martin A. Gross, 320 Drift Rd., Palmerton, seeking $3,158.81.
FIA Card Services, Scranton, filed against James C. Williams, 127 Lentz Trail, Lot 21, Jim Thorpe, seeking $6,652.13.
Elaine Balch, 1166-3 Germans Rd., Lehighton, filed against Joseph Balch, 112 W. Fourth St., Kaukauna, Wis. They were married April 18, 1993.
Leonard Lowman Jr., 880 Brenkman Drive, Weatherly, filed against Dina H. Lowman, 1108 Brenkman Drive, Weatherly. They were married Feb. 16, 2002.
Jennifer Ann Conarty, 584 Lafayette Ave., Palmerton, filed against Christopher Robert Conarty, 183 Kunkletown Rd., Kunkletown. They were married Dec. 20, 2004.
Donna M. Berger, 212 Briar St., Palmerton, filed against Harry T. Berger, same address. They were married July 16, 1989.
William M. Munson, Box 151, Pocono Lakes, filed against Tina M. Munson, 13 Tamarack Terrace, Albrightsville. They were married June 21, 1997.
Ransome Rental Co., 211 Lloyd St., Allentown, filed a civil action against Cornerstone Industrial Services, 603 White St., Bowmanstown, alleging a bill is owed on a rental agreement and for services provided.
Sought is $32,644.52 plus interest, costs, and fees.