Gomer Secures $10,000 Verdict After Plaintiff Rejects $125,000 Offer

On October 5, 2010, Keith Gomer secured a $10,000 verdict following a five day trial in Philadelphia County, Pennsylvania. Gomer represented a landlord and a prominent real estate company who were sued by a 52 year old Plaintiff who tripped and fell on an alleged defective grate and curb on their property. Plaintiff was represented by Howard Trubman, also of Philadelphia, Pennsylvania. Plaintiff alleged lumbar and cervical herniations, and her medical expert opined that the conditions required surgical intervention and were related to the accident. Plaintiff also suffered injuries to her ankle, shoulder and knee. Plaintiff alleged that she was permanently disabled from employment, and through a vocational expert and economist, made a total future wage loss and loss of household services claim in the range of $605,661 – $1,583,926. Prior to Trial, Plaintiff demanded $750,000 and rejected an offer of $125,000. Gomer took the position that the lumbar herniation was a pre-existing condition; and the cervical herniation was not related to the accident due to a delayed complaint of pain to Plaintiff’s treating doctors. If this could be proven, since the lumbar herniation and cervical herniation were the primary medical conditions for her alleged disability, then the large boardable future losses would be without any medical basis in being related to the accident. Gomer was able to help prove these theories through the testimony of medical experts, Dr. Joseph Bernstein (orthopedist) and Dr. Michael Brooks (neuroradiologist), along with the presentation of numerous subpoenaed records, both medical and work related. Plaintiff’s credibility was severely damaged as Gomer was able to provide the jury with documentation of misinformation contained in Plaintiff’s subpoenaed employment application regarding her educational and employment background. Furthermore, Plaintiff was not forthright regarding her medical history and Gomer was able to provide the jury with documentation evidencing same. During deliberations, Plaintiff’s counsel inquired as to whether the previous offer of $125,000 was still available. Gomer informed him that the offer was off the table. After approximately 30 minutes of deliberations, the jury returned a verdict of $10,000 ($20,000 reduced by 50% comparative negligence on the part of the Plaintiff).