After a two day trial before the Judge Lachman, a Philadelphia jury in Rosa v. Roman returned a defense verdict under the limited tort doctrine. The Jury, after less than one hour of deliberation, found plaintiff’s’ complaints constant lumbar pain did not breach the limited tort threshold. The jury unanimously rejected Plaintiff’s claims of a “serious impairment of a body function” as required to breach the limited tort threshold. Defendant had conceded negligence for the accident.
Plaintiff submitted the medical records of his treating physician, an EMG and a report from a pain management specialist opining that plaintiff suffered lumbar radiculopathy caused by the accident. The MRI report noted various degenerative changes. Plaintiff did not seek emergency medical treatment after the accident nor did Plaintiff report the accident to his treating physician when seen six (6) days after the accident. Only two months after the accident, plaintiff had joined a dancing class and had started weight lifting. Plaintiff initially received three (3) months of physical therapy and then didn’t treat for two (2) years. Plaintiff also failed to tell his doctors about his subsequent fall down accident which was revealed during discovery.
Please contact David Friedman at Forry Ullman with any questions.
