Additional Case

Demand

$1.2 million

Offer

None

Result

Defense Verdict

Venue

Allegheny County

Judge

Baldwin

SUV drives over compact car / post-traumatic stress disorder claimed

The Defendant’s SUV drove over top of the Plaintiff’s compact car with the Defendant’s front tire coming to rest within an inch of the Plaintiff’s head. The Plaintiff was a limited tort selector. She denied physical injury, but claimed post-traumatic stress disorder following the accident which resulted in her alleged inability to work. Her past and future earnings claim totaled $180,000.

The Plaintiff claimed she was too tired to perform any physical activity as a result of sleep disturbances due to the accident.

Defense counsel showed that the Plaintiff injured herself skiing approximately two years after the accident and had prior complaints of sleep disturbances.

A unanimous jury verdict was entered in favor of the Defendant.

Demand

$400,000

Offer

$50,000

Result

Defense Verdict

Venue

Allegheny County

Judge

Farino

Attorney

Paul J. Walsh III

Limited tort Plaintiff claims “serious injury”

The Plaintiff, a limited tort selector, was hit head-on by the 17 year-old Defendant. Liability for the accident was clear. The Plaintiff alleged that she sustained torn cartilage in her left knee which required two surgeries and would necessitate a future knee replacement. She also alleged she could no longer work as a realtor.

The Defendant contended that the knee injury was related to degenerative joint disease caused by the Plaintiff’s age and excessive weight. Accordingly, as this injury was unrelated to the accident, she did not sustain a “serious injury” and was not entitled to recover non-economic damages.

Demand

$750,000

Offer

None

Result

Defense Verdict

Venue

Allegheny County

Judge

Penkower

Attorney

Paul J. Walsh III

Pedestrian hit by motorist

The Plaintiff was crossing a busy road when he was hit by the Defendant’s car. The Plaintiff sustained permanent injuries to his leg which required five surgeries and the insertion of permanent steel rods. The Plaintiff did not work for two years and had unpaid medical bills in excess of $100,000.

The Defendant tried the case averring that the Plaintiff “darted out” and was not crossing at a designated area.

Demand

$100,000 (policy limits)

Offer

$25,000

Result

Defense Verdict

Venue

Allegheny County

Judge

Folino

Attorney

Paul J. Walsh III

Charcot foot leads to amputation of lower leg

The Defendant broadsided the Plaintiffs vehicle. The Plaintiff was a diabetic and had a pre-existing neuropathy. The Plaintiff alleged that the force of the impact caused his foot to hit the brake pedal.

As a result, the Plaintiff developed Charcot foot, which ultimately led to the on set of an infection and caused a lower left extremity amputation.

Admissible medical expenses totaled $121,000. The defense contended that the amputation was not a result of the accident but a result of the Plaintiff’s pre-existing diabetic condition.

Demand

$50,000 (policy limits)

Offer

None

Result

Defense Verdict

Venue

Allegheny County

Judge

Cercone

Multiple injuries claimed from intersection collision

The Plaintiff suffered a fractured/shattered pelvis, fractured ribs, a collapsed lung, and puncture wound to her temple as a result of this motor vehicle accident.

She under went two pelvic surgeries and was hospitalized as an in-patient for 30 days.

She claimed that the Defendant driver and the Defendant passenger were speeding and had switched places in the car after the accident.

The Defendants claimed that they had the right of way and that the Plaintiff pulled from a stop sign into their path. After a five-day trial, thejury returned a defense verdict.

Demand

$50,000 (policy limits)

Offer

$3,000

Result

Defense Verdict

Venue

Allegheny County

Judge

O’Reilly

Pedestrian claims head injury and post-traumatic seizure disorder

The Plaintiff was a pedestrian who exited a mall and walked across the driving lane in Result front of the Defendant’s oncoming truck. The Plaintiff hit his head when he fell to the ground.

Approximately two and one-half months after the accident, the Plaintiff suffered a seizure, which his doctors related to the accident.

The defense argued that the Plaintiff “darted out” without looking. The jury returned a defense verdict, finding that the Plaintiff was 80% liable for bringing about the accident.

Demand

$100,000

Offer

$15,000

Result

Defense Verdict

Venue

Allegheny County

Attorney

Paul J. Walsh III

Uninsured motorist action / herniated discs

The Plaintiff alleged a number of herniated discs as a result of a motor vehicle accident with minimal property damage. She received $50,000 from a third-party tortfeasor.

The Defendant presented evidence that the Plaintiff neither sustained a herniated disc from this accident nor any other injury beyond a cervical sprain/strain.

The Arbitration Panel returned a molded verdict in favor of the Defendant.

Demand

$30,000

Offer

$7,500

Result

$100 verdict for the Plaintiff

Venue

Allegheny County

Judge

Horgos

Head-on collision / permanent post-traumatic headache syndrome

The Plaintiff claimed permanent post-traumatic headache syndrome following a head-on motor vehicle accident. The Defendant admitted that he was traveling above the speed limit and caused the accident after hitting black ice and skidding into the Plaintiff’s vehicle.

The Plaintiff’s head shattered the windshield, resulting in black eyes. The Plaintiff had one prior episode of a severe headache three years before this accident and at that time, temporal arteritis (severe pressure in the temporal artery) was the differential diagnosis.

The defense argued that the Plaintiff’s headache syndrome was not caused by the accident, but rather was a recurrence ofher pre-existing temporal arteritis.

The jury returned a verdict in favor of the Plaintifffor $100.

Demand

$100,000

Offer

None

Result

Defense verdict

Venue

Allegheny County

Judge

Jaffee

TMJ problems alleged to be “serious injury”

The Plaintiff was a limited tort selector. The Defendant rear-ended the Plaintiffand she claimed a TMJ injury. One surgery was completed at the time of trial with a future surgery scheduled. The jury found that the Defendant was negligent in causing the accident but that the accident was not a substantial factor in bringing about the Plaintiff’s injuries which the Defendant argued were pre-existing.

Demand

$100,000 (policy limits)

Offer

Bifurcate and try on liability only

Result

Defense verdict

Venue

Allegheny County

Judge

James

Attorney

Paul J. Walsh III

Head-on collision / fractured neck and ankle

The Plaintiff sustained a fractured neck and ankle from a head-on collision with the Defendant. The Plaintiff alleged that the Defendant crossed the center line. The Defendant averred the opposite. The Defendant offered to bifurcate the case and try it on liability. If the Plaintiff won, she would receive the Defendant’s policy limits.