Zarwin Shareholder Wins Defense Verdict In Philadelphia Jury Trial
April 29, 2009
Joseph W. Denneler, Esquire, a shareholder of the Firm, recently obtained defense jury verdict in an automobile negligence case in Philadelphia County. The case, Vanessa Moore v. Willie C. Cotton, Court of Common Pleas, Philadelphia County, June Term, 2006, No. 1672, was tried before the Honorable Edward E. Russell from April 24 through April 29, 2009. The Defense stipulated to liability for causing a rear-end collision but damages were disputed. Plaintiff claimed she suffered a lumbar disc herniation along with soft tissue injuries to her upper back and shoulders, and a future loss of earning capacity of approximately $250,000. The Jury determined that although the Defendant was negligent in causing the accident, the negligence was not a factual cause of injury to the Plaintiff, and thus the Plaintiff was awarded no damages.
This case arose from a motor vehicle accident that occurred on June 14, 2005, in which Defendant, Willie Cotton rear ended Plaintiff, Vanessa Moore’s vehicle while she was attempting to make a left hand turn at a traffic light. The Plaintiff was full tort and was thus able to bring a claim for pain and suffering along with economic damages. The Defense stipulated to liability for the happening of the accident. Prior to the filing of the Complaint, Plaintiff’s Counsel, Bruce Neff, Esquire, demanded the Defendant’s insurance policy limits to settle the claim. The Insurer denied that request and Plaintiff filed her Complaint. Discovery ensured. Within days of the court-ordered settlement conference Plaintiff’s Counsel produced an expert report from an economist indicating Plaintiff would likely sustain a lifetime loss of earning capacity of approximately $250,000. Defendant’s Insurer tendered the policy limits. Plaintiff’s Counsel then refused to accept the policy limits and proceeded to trial, indicating that he believed that the Insurer committed bad faith.
During the trial Mr. Denneler was able to show, through Plaintiff’s documentary evidence, that the impact was described as “minor”, and that immediately after the accident the Plaintiff proceeded to an emergency room, was treated and released. A few days after the accident Plaintiff presented at a second emergency room for follow-up. Mr. Denneler pointed out that the records indicated that Plaintiff had already obtained Counsel before she went to the second emergency room. Thereafter, she treated with a physician, receiving physical therapy, sporadically over five months, and then received no further treatment. Mr. Denneler also pointed out that the Plaintiff produced no photographic evidence of her vehicle post-impact to show the alleged severity of the crash.
Plaintiff’s medical expert, Eric M. Lipnack, D.O. testified that the Plaintiff sustained a permanent lumber disc injury resulting in severe radiculopathy that inhibited Plaintiff from fully enjoying life. Defendant’s medical expert, Dr. Bong Lee, testified that although the Plaintiff presented with subjective complaints of ongoing lumbar radiculopathy, all objective testing performed during an examination revealed no abnormal findings. The Plaintiff offered an MRI indicating an “age indeterminate” lumbar herniation with impingement and an abnormal EMG report indicating radiculopathy. There was no documentary evidence that Plaintiff had previously suffered any injuries to her back.
Plaintiff offered expert testimony from Andrew Verzilli, M.B.A., on Plaintiff’s alleged future economic losses.
Mr. Denneler is a shareholder in the Firm’s Professional Liability Defense practice group and concentrates his practice on the defense of professionals, commercial drivers and individuals in litigation matters.