McCloud v. Tremblay

$64,000 Verdict

Date of Verdict:  June 20.

Court and Case No.: C.P. Philadelphia No. 170205200

Judge: Edward C. Wright.

Type of Action: Motor vehicle.

Injuries: Back, neck sprain.

Plaintiffs Counsel: Gerald J. Pomerantz, Gerald Pomerantz & Associates, Philadelphia.

Defense Counsel: Jonathan D. Tobin, Robert J. Casey, Jr. & Associates, Philadelphia.

Comment:

In March 2015, plaintiff James McCloud, a man in his late 50s, was driving north on Ridge Avenue, in Philadelphia. He claimed that he was rounding a bend when a car approaching from the opposite direction crossed the center line and sideswiped the driver's side of his sedan. He claimed neck and back injuries.

McCloud sued the driver, Matthew Tremblay, alleging that he was negligent.

McCloud's brother, Charles McCloud, who owned the sedan, brought a pro se claim for property damage.

During court-mandated arbitration, a panel found in favor of Tremblay and against the McClouds, and they appealed the decision.

At trial, James McCloud alleged Tremblay caused the accident by entering his lane. He testified that, after the accident, he and Tremblay interacted to ensure that each was okay, and Tremblay apologized for causing the accident. Once police arrived, Tremblay stayed in his vehicle and did not speak to police, McCloud testified.

Tremblay denied that he had interacted with McCloud, following the accident. He maintained that McCloud caused the collision by entering his lane as he rounded the curve in the road.

James McCloud did not immediately seek medical treatment. The next day, he presented to an emergency room, complaining of neck and low-back pain. Diagnostic testing was negative. Over the following days, he presented to a rehabilitation facility and was put on a course of physical therapy.

For the next six months, McCloud treated with massage and exercise. He had MRIs and was diagnosed with strains and sprains to his cervical and lumbar spine. No further treatment was rendered.

McCloud's counsel cited his medical records to causally relate his injuries and treatment to the accident.

The parties agreed to try the case pursuant to Pennsylvania Rule of Civil Procedure 1311.1. Under the rule, a verdict is capped at $25,000 and expert-witnesses submit reports into evidence instead of giving live testimony.

McCloud testified that, in the months following the accident, he had difficulty performing activities of daily living, due to constant neck and back pain. He said that he returned to his baseline condition after treatment. He sought damages for past pain and suffering.

Charles McCloud, whose sedan was totaled by the accident, sought to recover $4,000 in property damage, which was the amount he had paid for the car.

Tremblay's counsel disputed James McCloud's claimed injuries. A medical expert testified that any injury McCloud had sustained was soft-tissue in nature and that he required no more than three to six months of treatment.

The jury found that James McCloud was 30 percent liable for the collision and Tremblay was 70 percent liable.

The jury also found that Tremblay and James McCloud were each 50 percent liable for Charles McCloud's property damage

James McCloud was awarded $60,000, which was reduced to $25,000, pursuant to the damages cap imposed by Pennsylvania Rule of Civil Procedure 1311.1. Charles McCloud was determined to receive $4,000.

This report is based on information that was provided by James McCloud's counsel and defense counsel. Charles McCloud was not asked to contribute.

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