Limited Tort, Unlimited Impact: Frank Love uses TikTok Video to Defeat $2 Million Injury Claim

Frank Love secured another defense verdict in the Philadelphia Court of Common Pleas, successfully defending Zarwin Baum’s client, a rideshare driver, at trial in a rear-end motor vehicle accident lawsuit before the Honorable Lucretia Clemons.  Despite conceding negligence because his client rear-ended the Plaintiff’s vehicle at a stop light, the jury returned a verdict in favor of Plaintiff on liability but awarding her $0 because they decided she did not prove a serious injury.

The case arose from a accident at the intersection of Verree Road and Ferndale Street in Philadelphia, Pennsylvania. Plaintiff alleges that her vehicle was rear-ended by the vehicle operated by Frank’s client at a stop light.  Plaintiff alleged that when the traffic light turned green, Frank’s client drove into the rear of Plaintiff’s vehicle before she had started moving.  Plaintiff did not report any injuries at the scene of the accident. There was no police or EMS response, and Plaintiff did not seek emergency medical treatment following the incident.

Plaintiff claimed to have sustained injuries to her neck and back as a result of the accident.  She claimed her injuries were permanent, had already caused her to undergo four (4) different pain injections, and claimed nearly $2,000,000 in future medical costs.  Plaintiff had selected the limited tort option on her personal auto insurance so she was limited to recovering economic damages unless she proved she suffered a “serious injury”.

Frank directly attacked Plaintiff’s claim of serious injury by confronting her with a TikTok video she filmed approximately five months after the accident that showed her performing nearly one minute straight of dancing, which included bending at the waist, twisting, turning and at one point even included all three of those maneuvers on one leg while spinning in a 360 degree revolution.  The video was critically damaging evidence the jury apparently was swayed by as, after approximately 1 hour of deliberations, the jury returned a verdict finding factual causation, but deciding Plaintiff did not suffer a “serious injury” and awarded $0.00 for future medical costs.  Plaintiff had previously decided to not beard any past medical bills.