Ditommaso-Blasco v. Carter

$45,000 Verdict

Date of Verdict: Aug. 9.

Court and Case No.: C.P. Bucks No. 2015-03374

Judge: James M. McMaster.

Type of Action: Motor vehicle.

Injuries: Hip, leg, back injuries.

Plaintiffs Counsel: James Gundlach, Simon & Simon, Philadelphia.

Plaintiffs Expert: Gerald E. Dworkin, physical medicine, Darby.

Defense Counsel: Gregory F. Mondjack Sr., Law Offices of Kenneth S. O'Neill, Philadelphia.

Defense Expert: Leonard A. Brody, orthopedic surgery, Southampton.

Comment:

On July 23, 2014, plaintiff Emilia Ditommaso-Blasco, a real estate agent in her mid-50s, was driving on Buck Road, in Southampton. As she entered the intersection with Middle Holland Road, another car drove through a stop sign and broadsided the passenger's side of her sedan. She claimed back injuries.

Ditommaso-Blasco sued the other driver, Nicholas Carter, alleging that he was negligent. She also sued the owner of Carter's vehicle, Michael Carter, who was dismissed, prior to trial.

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

Later that day, Ditommaso-Blasco presented to an emergency room, where she was examined and released. She claimed that, for the next month, she experienced low-back pain that she thought would improve, but it did not. In addition, Ditommaso-Blasco allegedly had difficulty scheduling an appointment with her primary care physician. On Aug. 27, Ditommaso-Blasco began a course of physical therapy, which she treated for six months. Treatment consisted of massage and exercise. An MRI allegedly showed bulging at lumbar intervertebral discs L2-3, L3-4 and L5-S1. She attempted an EMG, but said it was too painful. She was diagnosed with left-sided radiculopathy stemming from her lumbar spine, as a result of experiencing radiating pain and numbness into her left hip, leg and foot.

Ditommaso-Blasco consulted with a pain-management specialist and received two epidural injections of a steroid-based painkiller.

From February to October 2015, Ditommaso-Blasco treated with a chiropractor. Treatment consisted of massage and spinal manipulation. In the ensuing years, and continuing at the time of trial, Ditommaso-Blasco intermittently treated with epidural injections and chiropractic care. Her expert in physical medicine causally related her injuries and treatment to the accident. The expert determined that she also suffered a protrusion at L2-3. According to the expert, her injuries are permanent and she requires future treatment, including a possible laminectomy, which was estimated at $40,000 to $80,000, and epidural injections, estimated at $2,000 per injection.

Ditommaso-Blasco testified that her chronic back pain and radiating pain have severely impaired her active lifestyle. She used to work out at the gym every day with her daughter and take various exercise classes, including spin class and high-intensity workouts. Due to her pain and limitations, however, she only performs low-impact workouts, such as using an elliptical machine. Her husband testified about her condition. Ditommaso-Blasco sought damages for past and future pain and suffering.

Carter's counsel pointed out that Ditommaso-Blasco waited more than a month to seek further treatment. The defense's expert in orthopedic surgery, who examined Ditommaso-Blasco, testified that any injury that she suffered would have been a cervical strain and sprain, which would have resolved within weeks of the accident.

The jury found that Carter caused injury to Ditommaso-Blasco, who was awarded damages of $45,000; $20,000 for future medical cost and $25,000 for pain and suffering.

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.