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.
