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After a 3 day jury trial before the Honorable Roslyn Robinson of the Court of Common Pleas of Philadelphia, a verdict was rendered in the amount of $14,556.00.   Up until trial, Plaintiff’s settlement demand was $225,000.00.  At trial, Plaintiff reduced the demand to $100,000.00, the insurance policy limit.  The offer was $15,000.00 before trial and was not increased. 

Defendant parked her rental vehicle at a Sunoco gas station and left the scene.  Pursuant to the testimony of a Police Officer and Plaintiff, the vehicle was left in park, but began to roll and struck Plaintiff’s vehicle.  The full tort Plaintiff did not complain of pain or injury to the police.  She did not request an ambulance.  Plaintiff’s vehicle was drivable from the scene.  Plaintiff testified that she began experiencing symptoms in the left shoulder later that day.  She was treated and released at the ER.  Thereafter, she was referred to Dr. Huffman at Pennsylvania Hospital.  No injections were administered.  Plaintiff reported that she underwent physical therapy on 8-9 occasions which was helpful.  Plaintiff alleged that Dr. Huffman, purportedly, recommended left shoulder surgery and had it scheduled.  However, an issue involving Plaintiff’s pacemaker, allegedly, prevented cardiac clearance.

The defense medical expert testified, at length, that Plaintiff provided poor and minimal effort during physical examination.  The films demonstrated arthritic changes of the AC joint with mild tenderness.   A CT arthrogram revealed that the rotator cuff was intact.  While there appeared to be some AC joint arthrosis, there was no evidence of full thickness rotator cuff tear.   The defense expert opined the Plaintiff sustained a left shoulder strain due to the motor vehicle accident with a complete resolution of all of her symptoms.

Questions regarding this verdict may be directed to Sean P. Buggy, Esquire.

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Sean P. Buggy

Office: King of Prussia, Philadelphia
Phone: (610) 977-2975
Email: sbuggy@forryullman.com
Practice Areas: Third Party, UM/UIM, Premises Liability, Products Liability,
Construction Litigation, Dram Shop/Liquor Liability, Appellate Practice, General Liability

Recently, a Lehigh County jury found in favor of the Defendant and against the Plaintiff after a trial before Judge Brian Johnson. Negligence was admitted in the rear-end accident.   However, the jury found that the negligence of the Forry Ullman client was not a factual cause of any harm to the plaintiff and awarded nothing. Plaintiff initially had demanded $90,000, and the demand was $40,000 before trial.  Defendant offered $16,000.

The evidence showed moderate damage to the Plaintiff’s car.  The medical treatment included chiropractic care, an MRI which showed protrusions at multiple cervical levels, an EMG, and three cervical injections by plaintiff’s medical expert, a board certified neurologist.  Plaintiff also testified that neck pain had become worse since the accident, and due to his difficulties, plaintiff intends to proceed with a surgery that had been recommended.

Plaintiff’s neurologist testified that the EMG of plaintiff which showed nerve damage. He opined that all of plaintiff’s injuries, including the specific findings on the EMG which indicated left moderate C5 radiculopathy, were the direct result of the accident.  Further, it was his opinion that plaintiff would need future medical treatment including medication at a cost of $1,500, physical therapy at $2,500, and a $60,000 neck surgery in the near future.  Clearly the Jury did not consider this testimony compelling.

The defense called a board certified radiologist who opined that based upon his review of plaintiff’s cervical imaging studies that he could find no abnormalities or acute findings related to the accident. His testimony expressly contradicted the testimony of plaintiff’s medical expert. However, the defense expert used video assistance of the imaging studies as he testified regarding his findings which greatly assisted the jury in visualizing the testimony.

Questions regarding this verdict can be directed to Paul Gambone.

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Paul S. Gambone

Office: King of Prussia
Phone: (610) 977-2975
Email: pgambone@forryullman.com
Practice Areas: Commercial Litigation, General Liability, Third Party,
Products Liability

On September 26, 2018, a jury found in favor of the Defendant after a three day trial in Northampton County. The case arose from motor vehicle accident in which the Defendant admitted negligence. The jury found that the negligence was not a factual cause of harm to the plaintiff.

Plaintiff testified that his life had been dramatically changed by the accident. He alleged that he could not to operate his construction business among many other impairments at home. Plaintiff presented two medical experts, his family doctor and a pain management physician. Plaintiff also presented a vocational expert and various fact witnesses who testified as to plaintiff’s limitations after the accident. Plaintiff’s medical experts testified that as a result of this motor vehicle accident he had sustained a significant aggravation of pre-existing degenerative disc disease of his cervical and lumbar spine which required chiropractic therapy and multiple steroid injections. They also opined that his injuries would prevent him from returning to full employment. Plaintiff’s vocational expert opined that due to his inability to work as a result of the injuries, he would suffer a significant loss of income for many years to come.

The defense presented the testimony of the doctor who performed the defense medical exam and a neuro-radiologist who reviewed plaintiff’s MRI imaging studies. The defense medical experts disputed plaintiff’s allegations of injuries. Further, the defense presented testimony that the imaging studies did not demonstrate any acute abnormality which could be connected to the accident with the client.

Prior to trial, plaintiff had initially demanded the client’s insurance policy limits of $100,000 and later decreased the demand to $65,000 as trial was imminent. An offer of $15,000 was rejected.

Questions regarding this case can be directed to Paul S. Gambone.

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Paul S. Gambone

Office: King of Prussia
Phone: (610) 977-2975
Email: pgambone@forryullman.com
Practice Areas: Commercial Litigation, General Liability, Third Party,
Products Liability

Paul Gambone won a defense verdict for his client recently after a two day jury trial in the Philadelphia Court of Common Pleas. The case involved a motor vehicle accident whereby plaintiff alleged that the defendant caused a collision when the defendant made a left turn in front of the plaintiff.  Negligence was disputed. In addition to negligence, a second issue was whether plaintiff breached the Limited Tort threshold by demonstrating a serious impairment of body function.  The defense alleged that plaintiff’s medical evidence only showed evidence of an aggravation of pre-existing degenerative issues.

Plaintiff’s medical expert, John Bowden, D.O., opined that plaintiff sustained injuries to her left shoulder,neck and lower back in the accident and treatment included physical therapy, and an injection to her shoulder.   The defense medical expert, Michael L. Brooks, M.D.,  testified that there was no evidence of any acute injury to plaintiff’s spine from the accident, but that there was a pre-existing degenerative issue with plaintiff’s spine.  Dr. Brooks testified and showed the jury plaintiff’s MRI imaging studies in great detail which was very persuasive according to the jurors who spoke with counsel after the trial.

The jury apportioned liability 55/45 in favor of the Plaintiff, but also found that plaintiff did not sustain a serious impairment of body function, and therefore the verdict was for $0.  Plaintiff declined a modest offer prior to trial and had never reduced the demand from $80,000.

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Paul S. Gambone

Office: King of Prussia
Phone: (610) 977-2975
Email: pgambone@forryullman.com
Practice Areas: Commercial Litigation, General Liability, Third Party,
Products Liability

The firm would like to congratulate Sean P. Buggy for being appointed to serve as a Judge Pro Tempore for the Philadelphia County of Common Pleas, Civil Division.

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Sean P. Buggy

Office: King of Prussia, Philadelphia
Phone: (610) 977-2975
Email: sbuggy@forryullman.com
Practice Areas: Third Party, UM/UIM, Premises Liability, Products Liability,
Construction Litigation, Dram Shop/Liquor Liability, Appellate Practice, General Liability

David R. Friedman secured a defense verdict in favor of a large insurance carrier after a two day jury trial in Berks County. The matter involved a claim for uninsured motorist benefits from a motor vehicle accident in Reading, Pennsylvania. An uninsured driver rear-ended the Plaintiff. Plaintiff, at the scene, complained of chest pain and shortness of breath and was transported to a local hospital by ambulance. Plaintiff suffered a concussion, cervical sprain and strain and an exacerbation of lumbar degenerative disc disease and stenosis. The Plaintiff had chosen the “limited tort” option on her personal insurance policy and sought to recover non-economic damages from her own carrier. Plaintiff alleged that she suffered a “serious impairment of a body function” and therefore was entitled to recover non-economic damages for pain and suffering and loss of life’s pleasures.

During the trial, Plaintiff and her expert alleged ongoing pain and issues with work and activities of daily living to support the claims of seriousness regarding the injuries. At the end of the trial, the 12 person jury found factual cause of some injury but found that there was not serious impairment of a body function and found in favor of the Defendant insurance carrier. The Plaintiff was not awarded any damages and judgment was entered in favor of the Defendant.

Questions regarding this verdict can be directed to Mr. Friedman.

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David R. Friedman

Office: King of Prussia, Philadelphia
Phone: (610) 977-4106
Email: dfriedman@forryullman.com
Practice Areas: Commercial Litigation, Coverage, First Party PIP / MPC, Fraud/SIU, General Liability, Premises Liability, Products Liability, Third Party, UM/UIM

The defendant rear-ended plaintiff at 35 mph and defendant stipulated to liability. Plaintiff was 64 years old and claimed she sustained an aggravation of her pre-existing herniated discs in her cervical and lumbar spine. She underwent chiropractic treatment, injections and iontophoresis treatments with pain management.  Her neurosurgeon expert, Rodwan Rajjoub, MD, opined that she sustained a myoligamentous cervical and lumbar sprain/strain with aggravation of the underlying herniated disc and spondylosis. He opined that she would require long term drug therapy treatment for her chronic pain.

Defendant’s expert orthopedic surgeon, Michael Raklewicz, M.D. opined that she sustained a cervical and lumbar sprain/strain with aggravation of her underlying spondylosis. He opined that her injuries would have resolved in 6 weeks to 3 months.

Plaintiff demanded $85,000.  Plaintiff was offered $15,000. The jury awarded $7,500.

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G. Christopher Parrish

Office: Bethlehem
Phone: (610) 954-6868
Email: cparrish@forryullman.com
Practice Areas: Coverage, General Liability, Products Liability,
Third Party, UM/UIM

On December 1, 2015, G. Christopher Parrish obtained a defense verdict in Lehigh County. The Plaintiff claimed she sustained an injury to her cervical and lumbar spine, knees and elbows as a result of being rear-ended by the Defendant. Plaintiff had elected limited tort.

Plaintiff’s expert, Ron Ben-Meir, D.O., (physiatrist) testified that Plaintiff sustained a L4-5 disc herniation with impingement on the thecal sac, a permanent condition that was affecting her activities. Michael Brook, M.D. (neuro-radiologist) testified for the defense and opined that Plaintiff had a pre-existing herniated/osteophyte complex due to a chronic degenerative condition. Christopher Wagener, M.D. (orthopedic spine surgeon) testified for the defense that the L4-5 disc was degenerative and pre-existing and the Plaintiff sustained a lumbar strain and sprain that would have resolved in 6-8 weeks.

The jury found no serious impairment of body function and awarded $460.00 in wage loss.

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G. Christopher Parrish

Office: Bethlehem
Phone: (610) 954-6868
Email: cparrish@forryullman.com
Practice Areas: Coverage, General Liability, Products Liability,
Third Party, UM/UIM

On May 20, 2015, G. Christopher Parrish obtained a defense verdict in Northampton County. The Plaintiff claimed he sustained an injury to his cervical and lumbar spine as a result of being rear-ended by the Defendant. Plaintiff had elected limited tort.

Plaintiff’s expert, Gene Levinstein, M.D., (physiatrist) testified that Plaintiff sustained a L-3 transverse process fracture, traumatic lumbar spondylolisthesis (slippage of the L5-S1 disc) and cervical radiculopathy. James Reid, M.D.(orthopedic surgeon) testified for the defense and opined that Plaintiff did not sustain a fracture, traumatic spondylolisthesis or cervical radiculopathy and merely sustained a cervical strain and sprain that resolved within 3 – 6 months.

The jury deliberated for 25 minutes before finding no serious impairment of body function.

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G. Christopher Parrish

Office: Bethlehem
Phone: (610) 954-6868
Email: cparrish@forryullman.com
Practice Areas: Coverage, General Liability, Products Liability,
Third Party, UM/UIM

David Friedman recently secured a defense verdict for his client before a Berks County Jury. The Jury found 50% comparative negligence against the Plaintiff and awarded $0.00 in damages. The accident occurred on East Lancaster Avenue at its intersection with Lynoak Street in Berks County, Pennsylvania. Defendant’s vehicle was traveling behind Plaintiff’s vehicle as the two traveled westbound on East Lancaster Avenue. At the time of the accident, the roadway had been recently repaved but there were no lane markings, yet. The roadway was wide enough for two lanes and the Defendant believed that there were two lanes. Defendant stated that as the two vehicles approached the intersection, Plaintiff began to move left and activated his left-turn directional apparently to turn into the strip center near that intersection. Defendant then shifted to the right toward the curb and activated her right directional. Defendant believed that she was in the “right lane” and the Plaintiff was in the “left lane” as she pulled next to Plaintiff. As the Defendant was about to turn right, Plaintiff turned right directly into her vehicle. Plaintiff then got out of his vehicle and verbally accosted Defendant in a profane manner, which likely alienated the jury.

Plaintiff denied injury at the scene. Plaintiff did not seek medical treatment for 11 days after the accident. Thereafter, Plaintiff had two surgeries, a scope to his shoulder and a fusion to his neck. Plaintiff admitted to prior shoulder problems and but tried to deny prior neck problems despite medical records confirming those complaints. There were also other inconsistencies and contradictions in Plaintiff’s testimony. Plaintiff presented $25,000 in lost wages from his job as a police officer.
After a two day trial and three hours of deliberations, the jury found negligence apportioned 50/50 between Plaintiff and Defendant, and awarded zero damages. No post trial motions were filed.

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David R. Friedman

Office: King of Prussia, Philadelphia
Phone: (610) 977-4106
Email: dfriedman@forryullman.com
Practice Areas: Commercial Litigation, Coverage, First Party PIP / MPC, Fraud/SIU, General Liability, Premises Liability, Products Liability, Third Party, UM/UIM