Frino v. Johns

Defense Verdict

Date of Verdict:

June 14.

Court and Case No.:

Judge:

Ann M. Butchart.

Type of Action:

Motor vehicle.

Injuries:

Back, head, neck, shoulder and wrist injuries.

Plaintiffs Counsel:

Reno J. Ciccotta, Maniaci, Ciccotta & Schweizer, Philadelphia.

Defense Counsel:

Michael Benjamin Gerstein, Bennett Bricklin & Saltzburg, Philadelphia.

Plaintiffs Expert:

Dr. Randall Smith, orthopedic surgery, Philadelphia.

Defense Expert:

Dr. Andrew H. Shaer, radiology, Jenkintown.

Comment:

On July 17, 2015, plaintiff Victoria Frino, 56, was driving north on Knights Road, in Philadelphia. When she reached the intersection with Woodhaven Road, her minivan broadsided the passenger's side of a sedan. The sedan had been traveling south on Knights Road and attempted to turn left at the intersection. Frino claimed permanent neck and back injuries.

Frino sued the driver, Joseph Johns, alleging that he was negligent.

Johns stipulated to negligence, and the case was tried on the issues of causation and damages.

The next day, Frino presented to an emergency room with complaints of pain to her neck and back, and to the wrist and shoulder of her left, nondominant arm. X-rays were negative.

On July 24, Frino, with continued complaints of pain to her neck, left shoulder and low back, presented to a family-medicine physician, who put her on a course of physical therapy, which included spinal adjustments, massage and electrical stimulation. She underwent MRIs and was diagnosed with bulging at cervical and lumbar intervertebral discs C3-4, C4-5, L3-4, L4-5 and L5-S1, and a partial tear of the left distal supraspinatus tendon.

In August, Frino presented to an orthopedic surgeon with complaints of headaches and radiating pain into her left wrist. She was put on a 10-day course of an oral steroid.

In September, Frino came under the care of another orthopedic surgeon and began a different course of physical therapy, which included massage, heat, electrical stimulation and exercises, which she treated through April 27, 2016.

Frino had further testing and was diagnosed with left-sided radiculopathy stemming from C6-7 and mild bilateral carpal tunnel syndrome. She further had a series of epidural injections of a steroid-based painkiller. She had stopped treating by September 2016. She sought to recover a medical lien of $2,433.95.

Frino's orthopedic surgeon causally related her injuries and treatment to the accident, and opined that she had suffered a serious impairment of functions in her neck, left shoulder, wrists and low back.

Frino testified that she continues to experience pain in her neck, left shoulder and wrists. She has difficulty performing chores, like doing laundry and grocery shopping, and has trouble bathing, coloring her hair, hanging decorations, playing with her grandson and vacationing. She sought damages for past and future pain and suffering.

Frino's daughter talked about her pain and limitations, especially with interacting with her grandson. Her husband had withdrawn his claim for loss of consortium, prior to trial.

The defense counsel cited Frino's medical records to argue that she had a history of longstanding injuries. According to documents, Frino had applied for Social Security disability benefits two months after the accident, in which she stated that was unable to work due to problems with rheumatoid arthritis and an Achilles' tendon injury. Frino had worked as a nurse. In the benefits application, Frino made no mention of the neck, shoulder, wrist and back injuries which she had allegedly suffered in the accident with Johns, the defense asserted.

The defense also noted that Frino had been involved in a 2008 vehicle accident and was diagnosed with a tear of the left rotator cuff that resulted in two surgeries. Frino had also been involved in a Sept. 19, 2016, accident. The defense noted that, in his final report regarding the accident with Johns, Frino's orthopedic surgeon determined that she had suffered a permanent functional impairment in her left shoulder. However, in an initial report in relation to the September 2016 accident, the orthopedic surgeon stated that Frino had recovered from the injuries that she sustained in the accident with Johns.

The defense's expert in radiology testified that Frino did not suffer a rotator cuff tear from the accident with Johns. The expert compared the 2008 and 2015 MRIs to opine that the 2015 MRI showed a post-surgical change in her tendon, in relation to the 2008 injury, that had been erroneously diagnosed as a tear, when in fact it was not. The defense noted that, on cross-examination, Frino's surgeon believed that she had suffered a new rotator cuff tear from the accident with Johns, but that the tear later healed on its own.

The jury rendered a defense verdict. It found that Johns was not liable for Frino's injuries.

This report is based on information that was provided by defense counsel. Plaintiff's counsel did not respond to the reporter's phone calls.

— This report originally appeared in VerdictSearch, an ALM publication.