Paul Gambone recently litigated an appellate win before the Pennsylvania Superior and Supreme Courts. After a favorable result in the Superior Court, the Supreme Court denied plaintiff’s Petition for Allowance of Appeal. The defense verdict by a jury in the Court of Common Pleas of Northampton County jury was affirmed.
On March 8, 2022, Paul obtained a defense verdict before Judge Paula A. Roscioli for a May 13, 2016, motor vehicle accident. Plaintiff alleged significant injuries which caused her to undergo treatments including steroid injections and a neck surgery. She also alleged that she would need future surgeries related to the accident.
Plaintiff alleged that while stopped for a red light at the intersection of 25th and William Penn Highway in Northampton County, she was rear ended by the defendant’s vehicle. While defendant’s vehicle had bumped plaintiff’s vehicle, negligence was not admitted. Plaintiff testified that her vehicle sustained a heavy impact which propelled it forward. The defendant testified that in the moment prior to the contact she brought her vehicle to a full stop behind the plaintiff’s vehicle for the red light. However, while in the process of turning to deal with her child in the rear seat, her foot came off the brake thus allowing her vehicle to “bump” the plaintiff’s vehicle. The defendant denied a heavy impact. She also denied any damage to her vehicle or the plaintiff’s vehicle.
During her testimony, plaintiff testified as to her treatment and how the accident “dramatically changed her life.” On cross-examination, Paul obtained testimony of gaps in complaints and treatment. She was confronted with a timeline of her complaints and had no cervical complaints for four years and no treatment whatsoever in 2017. She also agreed that many of her limitations began years after the accident. She reluctantly acknowledged prior neck issues dating back to the 1990s and leading up to the accident. She was confirmed that she took her passenger to the ER from the accident but did not seek any treatment for herself at the ER while waiting for him.
Plaintiff’s medical expert, an orthopedic surgeon, had performed neck surgery which included the implantation of hardware in December 2020. He testified that plaintiff had suffered significant injuries from the accident which had aggravated her pre-existing cervical and lumbar degenerative disc disease. However, during cross examination, the doctor admitted that there were several gaps in the reporting plaintiff’s cervical complaints. Plaintiff initially complained of neck pain and back pain from May 2016 to December 2016. Plaintiff then underwent two rounds of lumbar injections in 2016. However, she did not complain again of neck pain again until November 2020. The doctor attempted to explain the lack of complaints by stating that plaintiff had suffered aggravation of myelopathy which he termed the “silent killer”. He further testified that plaintiff would need another neck surgery in the future if symptoms persisted, and that she was likely to undergo a lumbar fusion in the future too. Also, Plaintiff’s future care expert testified that the plaintiff’s future medical expenses could be between $388,537.00 to $413,540 for future treatment in the form of future medical visits, epidural steroid injections, and surgeries. The Jury did not find these experts compelling.
The defense presented the video testimony of a board-certified neuroradiologist who had reviewed the MRI films. He testified that plaintiff’s spinal issues were degenerative and there was no aggravation based upon his review of the films.
Plaintiff had demanded $250,000 prior to trial. The highest offer was $7,500. The Jury awarded $0.
