Paul Gambone recently obtained a favorable result for a client after a two-day jury trial in Lehigh County before The Honorable Zachary Cohen. The case resulted from a rear end collision and the negligence of the defendant was not an issue.
The plaintiff and his medical expert David Weiss, D.O., alleged that the car accident aggravated preexisting lumbar degenerative disc disease which required the plaintiff to undergo a lumbar spinal fusion after the accident and also an operation for his right foot.
The defense medical expert, Mark Manzione, M.D., a board-certified orthopedic surgeon, and Mr. Gambone disputed these claims and argued that plaintiff only sustained a lumbar sprain and strain and nerve root injury. The need for surgery was caused by a natural progression of his preexisting issues which had forced him to undergo two spinal fusions prior to the accident.
Mr. Gambone also argued that the accident did not cause any injury to the foot, but the need for surgery was caused by plaintiff’s rheumatoid arthritis.
Prior to trial, the Plaintiff demanded the policy limits of $100,000 and believed the case was worth significantly more. An offer of $40,000 was made, but the offer was summarily rejected.
The jury, after several hours of deliberations, awarded the plaintiff $12,500. Plaintiff did not file an appeal.
Questions regarding this matter can be directed to Paul S. Gambone.
