On March 9, 2020, Paul Gambone obtained a favorable verdict after a two day trial before the Honorable Craig Dally of the Northampton County Court of Common Pleas.
The motor vehicle accident which was the subject of this lawsuit occurred after the defendant driver failed to stop his vehicle, and struck the rear of a non-party vehicle. As a result of this impact, the non-party then struck the plaintiffs’ vehicle. The defense conceded negligence and the damages to the Plaintiff-driver and Plaintiff-passenger were the only issues at trial.
Photos of all the vehicles, showing very minimal damage, were published to the jury.
Plaintiff-driver testified that she felt one medium impact to the rear of her vehicle. Her alleged injuries included a cervical strain which resolved after 6 months, exacerbation of underlying pre-existing spondylolisthesis of L5- S1, and left lumbar radiculopathy. She testified her treatment included physical therapy and lumbar injections. She admitted that she had a history of these same injuries and treatment from past accidents. Plaintiff-driver’s expert was Dr. Vito Loguidice, an orthopedic surgeon.
Mr. Gambone provided evidence of the opinions of Dr. Andrew Shaer, MD., a neuroradiologist, who reviewed plaintiff’s MRI imaging studies. It was his medical opinion that the MRI studies only showed evidence of pre-existing degenerative disc disease, and no evidence of any acute abnormalities.
The jury awarded the driver total damages of $1,532, which included unpaid medical expenses.
Plaintiff-passenger’s alleged injuries included sprain/strain of his cervical, thoracic and lumbar spine. However, his primary allegation of injuries involved an ulnar nerve injury, cubital tunnel syndrome, and aggravation of carpal tunnel syndrome. He underwent carpal tunnel surgery and cubital tunnel syndrome surgery on two separate dates. His scars as a result of the surgeries were shown to the jury.
A video of his medical expert, Dr. Scott Sexton, an orthopedic surgeon, was shown to the jury. Dr. Sexton testified that all the injuries alleged by the plaintiff, including the carpal tunnel and cubital tunnel syndrome and the resulting surgeries, were directly related to the motor vehicle accident. During cross-examination of the doctor, it was brought to the jury’s attention that there was no indication from the emergency room records or the medical records soon after the accident that plaintiff had complained of these ulnar nerve issues.
Defense medical expert Dr. Robert Grob examined the plaintiff-passenger as part of an Independent Medical Exam. He opined that plaintiff-passenger at most sustained a cervical lumbar sprain strain, and a contusion to his elbow as a result of the accident. It was his opinion that the surgery that plaintiff underwent was not the result of this accident because plaintiff had not made immediate complaints about it, and he disputed its mechanism of injury.
The jury awarded this plaintiff $6,670, which included unpaid medical expenses. Prior to trial, plaintiff had rejected a far greater settlement offer.
Questions regarding this case or the experts can be referred to Paul S. Gambone, Esquire.
