$125,000 Verdict - Rear End Collision

REAR END COLLISION

$125,000 VERDICT

Rear end collision – Cervical disc herniation – Cervical radiculopathy – Chronic neck pain – Damages only

Philadelphia County

The plaintiff, a female approximately 38 at the time of the accident, claimed to suffer continuing chronic neck pain as a result of a rear end collision caused by the defendant.  The defendant admitted negligence and the case was tried on damages only.

The plaintiff’s treating physiatrist testified that the plaintiff sustained a cervical disc herniation as a result of the accident and that the injury was confirmed by MRI results.  The plaintiff’s doctor testified that the plaintiff has been left with cervical radiculopathy and chronic neck pain stemming from the disc herniation.  The parties stipulated to $4,500 in out-of-pocket medical expenses.  The plaintiff did not claim any loss of wages from her employment as a legal secretary.

Evidence showed that the plaintiff’s car sustained approximately $50 in property damage and the defendant’s vehicle was not damaged as a result of collision.  The defense argued that the impact was light and could not have caused the injuries alleged by the plaintiff.  The defendant’s neuroradiologist opined that the plaintiff’s MRI films were normal and the plaintiff exhibited only degenerative changes which were associated with the normal aging process.  Records indicated that the plaintiff was involved in a prior automobile accident, after which she voiced neck complaints, approximately a year before the subject collision.

The jury found for the plaintiff in the amount of $125,000.  The defendant driver had a $50,000 liability policy limit in place at the time of the accident.  The plaintiff recovered a $30,000 underinsured motorist policy limit and the remainder of the verdict ($95,000 from the defendant driver).

REFERENCE
Plaintiff’s physiatrist:  Barry Schnall from Jenkintown.  Defendant’s neuroradiologist:  Michael Brooks from Philadelphia.

Bellano vs. McFadden, Case No. 99-50-2182; Judge Norman Ackerman, 11-9-00

Attorney for plaintiff:  Anthony J. Baratta of Baratta & Russell in Huntingdon Valley