Christin Kochel obtained a defense verdict for her client after a two day jury trial in the Philadelphia Court of Common Pleas. The case involved a rear end motor vehicle accident in which liability was not disputed. Plaintiff was limited tort and the jury was asked to consider two issues, 1) whether the plaintiff’s injuries were caused by the accident, and 2) whether the plaintiff’s injuries caused him to sustain a serious impairment of a body function.
On cross examination, plaintiff’s medical expert, Dr. Norman Stempler admitted that all of the plaintiff’s findings on his neck MRI were present before the accident. The defense expert, Dr. Andrew Shaer, also testified that all of the plaintiff’s neck MRI findings were present before the accident. Dr. Shaer also showed the jury the plaintiff’s neck MRI films and discussed the findings in great detail.
After less than an hour of deliberations, the jury found in favor of the defense and concluded that the plaintiff’s injuries were not caused by the defendant’s negligence. Although they were not required to answer the second question, the jury also found that the plaintiff’s injuries did not cause a serious impairment of a body function.
During the entirety of the litigation, the plaintiff’s counsel insisted that he would obtain a verdict in excess of the defendant’s policy limits. Plaintiff turned down an offer that was just $2,000 less than the demand prior to trial.
Questions on this matter can be directed to Christin Kochel.
