CALL TOLL FREE: 855-833-3604  |  Payment Portal
Follow Zarwin Baum on Twitter Follow Zarwin Baum on Facebook Follow Zarwin Baum on YouTube Follow Zarwin Baum on LinkedIn Print Contact Us Office Locations

Toddy Significantly Limits Plaintiff’s Jury Verdict, Then Wins on Appeal

January 27, 2015

On January 20, 2015, the Superior Court of Pennsylvania denied Plaintiff’s motion for a new trial, and affirmed the trial court jury verdict of $40,000 in favor of Plaintiff. 
 
In 2009, Plaintiff was injured while participating in a fitness class, when she was startled by a light fixture lens falling from the ceiling and fell. Plaintiff sustained a non-displaced femoral neck fracture of the left hip from her fall, and suffered a stroke two months after the accident, which she asserted was causally related to the stress from her fracture. 
 
At trial, Attorney Joseph Toddy successfully precluded the introduction of Plaintiff’s medical bills and evidence or testimony regarding Plaintiff’s life expectancy. Plaintiff’s demand was $475,000 at the time of trial, and the Judge placed a settlement value of $250,000 on the case. Plaintiff rejected settlement offers of $40,000 and $100,000, and was instead awarded $40,000 by the jury. 
 
Plaintiff appealed the Judgment, arguing that the trial court erred in precluding the jury from seeing medical bills; the jury was overly prejudiced due to Attorney Toddy’s opening and closing statements; Plaintiff was prejudiced by Attorney Toddy’s use of a PowerPoint presentation during the opening statement; Attorney Toddy inappropriately raised issues with respect to Plaintiff’s son’s delinquent taxes; the trial court erred in permitting pictures of the room where Plaintiff fell to be published to the jury; and that the cumulative effect of all of these errors entitles her to a new trial. 
 
The Superior Court of Pennsylvania affirmed the order of the trial court, finding that all of Plaintiff’s issues are either waived or without merit, thus denying Plaintiff’s motion for a new trial. 

HOME CONTACT SITE MAP DISCLAIMER © 2021 Zarwin Baum DeVito Kaplan Schaer Toddy P.C.