After a three day jury trial in Lehigh County, Christin Kochel secured a defense award in a third party automobile accident case.
Liability was not at issue. Plaintiff claimed he was hurt when the Defendant, who was working for his employer at the time of the accident, failed to stop at a red light, causing his vehicle to side-swipe another vehicle and then strike the front of plaintiff’s vehicle while he was stopped at the traffic light in the opposite direction of Defendant’s vehicle.
Plaintiff underwent over two years of treatment for complaints of low back pain, including undergoing lumbar injections.
Plaintiff’s medical expert opined that he would require a future lumbar surgery and future lumbar injections, among other treatment. At trial, Plaintiff requested almost $1 million dollars in economic damages, which included future medical expenses and a past wage loss claim for $120,000. Such $1 million request did not include pain and suffering. As to his wage loss claim, Plaintiff testified that he owned his own construction business and missed out on several jobs as a result of his injuries from the accident.
Defendants’ medical expert opined that Plaintiff was not injured in the accident as all of his diagnostic tests following the accident, including an MRI to his low back and EMG, came back as normal or showed age related degenerative findings. Defense counsel also focused on the numerous credibility issues that Plaintiff had, including denying prior low back pain and treatment when his medical records show he treated for low back pain in the past, the fact that he failed to submit any written proof of his wage loss claim and that Plaintiff testified he has been unable to do any concrete work since the accident although he went to the emergency room a year after the accident for foot pain after accidentally pouring concrete in his work boots.
Over Defense counsel’s objection arguing for one single line for damage on the verdict slip, the Judge allowed the jury verdict slip to contain three separate lines for Plaintiff’s damages consisting of (1) Past lost earnings and lost earning capacity,( 2) Future medical expenses, and (3) Past, present and future pain and suffering and the ability to enjoy life’s pleasures.
The jury returned a verdict in plaintiff’s favor in the total amount of $15,000 for future medical expenses. The jury awarded $0 for Plaintiff’s claims for lost earnings and pain and suffering. Finding that the jury had to enter an amount for pain and suffering as they awarded Plaintiff damages for future medical expenses, the Judge sent the jury back to deliberate (such decision by the Judge is consistent with current Pennsylvania law). The jury reluctantly returned to the deliberation room and after five minutes, they awarded Plaintiff an additional $5,000 for pain and suffering, for a total jury award of $20,000. Plaintiff’s counsel immediately tried to set aside the verdict as against the weight of the evidence, but the Judge denied the Motion and entered the jury award on the docket.
The Plaintiff’s expert was Dr. Steven Valentino. The Defendant’s expert was Dr. Scott Sexton. The Judge was the Honorable Michelle A. Varricchio. Questions can be directed to Ms. Kochel.
