Pierchalski v. Thomas

$1,455.99 Verdict

Date of Verdict: Sept. 28.

Court and Case No.:  Allegheny County Court of Common Pleas, No. GD-14-008993.

Judge: Michael A. Della Vecchia.

Type of Action: Motor vehicle.

Injuries: Back, neck and shoulder injuries, decreased range of motion; aggravation of pre-existing condition.

Plaintiffs Counsel: Kim A. Bodnar, Law Office of Kim A. Bodnar.

Defense Counsel: Thomas A. McDonnell, Summers, McDonnell, Hudock, Guthrie & Rauch; Pittsburgh.

Plaintiffs Experts: R. Matthew Hanak II, economics, Pittsburgh; Daniel T. Altman, orthopedic surgery, Pittsburgh.

Defense Experts: James S. Fellin, accounting, Pittsburgh; Howard J. Senter, neurosurgery, Pittsburgh.

Comment: 

On June 6, 2012, plaintiff Gemma Pierchalski, 52, a dentist, was stopped in traffic on Warrendale-Bakerstown Road, in Marshall Township, when her sedan was rear-ended by a car. The impact pushed her into the back of the vehicle stopped in front of her. She claimed neck injuries.

Pierchalski sued the driver Edward Thomas, alleging that he was negligent in the operation of a vehicle. Thomas stipulated to negligence, and the case was tried on the issues of causation and damages.

The next day, Pierchalski presented to her primary care physician with complaints of pain to her neck and shoulders. She was diagnosed with a cervical strain, whiplash and strains and sprains to her shoulders. She was put on a course of chiropractic care and physical therapy, which she treated sporadically in the ensuing years. Her treatment included massage, spinal manipulation and exercise. Pierchalski came under the care of an orthopedic surgeon, who, via an MRI, diagnosed her with an aggravation of pre-existing stenosis in her cervical spine.

In the ensuing years, Pierchalski continued to consult with her orthopedic surgeon. She also consulted with a physiatrist and a neurosurgeon. She underwent a series of epidural injections to her cervical spine. No further treatment was rendered, and Pierchalski sought to recover $6,593.12 in medical costs.

Pierchalski's orthopedic surgeon causally related her injuries and treatment to the accident. According to the surgeon, Pierchalski has not had any significant longstanding improvement from the collision. This has caused her to feel disabled with her dentistry practice, which involved a lot of fine-motor detail and long periods of time in a kyphotic position at the dental chair. The physician agreed that her injuries required Pierchalski to sell her practice and seek out less demanding employment. She sought to recover $44,486.62 in past wage loss and $1,569,778.10 in future lost earnings, which was based on a worklife through age 67. Her damages were calculated by her expert in accounting.

Pierchalski testified that she continues to experience consistent pain in her neck and shoulders. She discussed how her injuries caused her to sell her dentistry business. She sought damages for past and future pain and suffering. Her husband sought damages for his claim for loss of consortium.

The defense's expert in neurosurgery, who examined Pierchalski, testified that she had a longstanding history of neck and shoulder pain, prior to the accident. According to the expert, there is no radiographic evidence that Pierchalski suffered any injury, and that her imaging confirmed her well-documented pre-existing cervical condition. The expert concluded that Pierchalski is neither disabled nor restricted from any social, leisure or work activity.

The defense's expert in accounting testified that Pierchalski's claim for lost earnings was flawed and based on improper assumptions. The maximum loss that Pierchalski experienced in connection with the accident would be $33,404.

The jury found that Thomas' negligence was a factual cause of Pierchalski's injuries. Pierchalski was determined to receive $1,455.99 in damages, all for economic losses.

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