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.
