Solow v. Park Avenue Motor Cars Fort Washington

$1 Million Settlement

Date of Verdict: July 13.

Court and Case No.: C.P. Philadelphia No. 170901258.

Type of Action: Motor vehicle.

Injuries: Leg, ankle fractures.

Plaintiffs Counsel: Anthony J. Baratta, Baratta, Russell & Baratta, Huntingdon Valley.

Plaintiffs Experts: Dr. Guy W. Fried, physical medicine, Philadelphia; Alex Karras, life care planning; Jamison; Dr. Howard S. Caplan, plastic surgery/reconstructive surgery, Philadelphia.

Defense Counsel: Robert J. Siegel, Campbell, Lipski & Dochney, Philadelphia.

Comment:

On July 27, 2016, plaintiff Michael Solow, 75, was riding a motorcycle on Pennsylvania Avenue, in Fort Washington, when he was struck by a sedan. He suffered injuries to his left leg.

Solow sued the car driver, Robert Sligh II, alleging negligence. He also sued Sligh's employer, Park Avenue Motor Cars Fort Washington, because Sligh had been in the course of his employment at the time of the accident.

Prior to the collision, Solow had left a car wash and attempted to turn left, onto the two eastbound lanes of Pennsylvania Avenue. In order to do so, he had to cross the road's two westbound lanes. As he attempted to make the turn, his motorcycle was struck on the side by the front driver's side of Sligh's car. Solow was thrown into the road.

Prior to the accident, Sligh had exited a business across from the car wash intending to turn onto westbound Pennsylvania Avenue. As he attempted to turn left, he struck Solow.

According to Solow's counsel, Sligh had been looking to his right for oncoming westbound traffic when the collision occurred.

Sligh's counsel maintained that both motorists were liable for the accident.

Solow was taken by ambulance to a hospital, where he was admitted and diagnosed with an open distal fibula fracture of his left leg, in which the bone protruded through the skin.

In the ensuing days, Solow remained hospitalized and had multiple debridements and irrigation procedures to treat dead skin. He then had open reduction and internal fixation surgery, in which a rod and screws were implanted.

Upon discharge, Solow remained non-weight-bearing. He consulted with his surgeon during the following weeks. Eventually, he had a course of physical therapy, consisting of exercise, and he treated with a bone stimulator to promote union along the dominant fracture line, which was successful.

Solow also consulted with a plastic surgeon for wound-closure difficulties. At the time of settlement, Solow continued to consult with his orthopedic and plastic surgeons. He sought to recover a Medicare lien of $75,000.

Solow's experts in physical medicine and plastic surgery outlined his injuries and treatment. According to Solow's expert in life-care planning, he would require future treatment, including annual visits with a wound specialist and orthopedic, plastic and vascular surgeons; physical therapy; nerve-conduction studies; imaging studies of his leg; pain medications; a scooter for ambulatory purposes; and a possible skin graft. Solow sought to recover $175,000 in future medical costs.

Solow testified that he continues to experience pain, swelling and occasional oozing at the surgical site. He said that he is unable to walk long distances. He sought to recover damages for past and future pain and suffering.

The case settled before Sligh's counsel offered a defense to Solow's claims of injuries and treatment.

The parties negotiated a pre-trial settlement. Park Avenue Motor Cars Fort Washington LP's insurer agreed to pay a total of $1 million.

The insurer tendered the company's primary policy, which provided $500,000 of coverage, and also agreed to pay $500,000 from an excess policy, which provided $15 million of coverage.

This report is based on information that was provided by plaintiffs counsel. Defense counsel did not respond to calls for comment.

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