Morris v. Rembert

$36,500 Verdict

Date of Verdict: Oct. 30.

Court and Case No.: C.P. Delaware No. CV-2017-001678.

Judge: G. Michael Green.

Type of Action: Motor vehicle.

Injuries: Back, head injuries.

Plaintiffs Counsel: Mary G. McCarthy, Simon & Simon, Philadelphia.

Plaintiffs Expert: Lance O. Yarus, orthopedic surgery, Philadelphia.

Defense Counsel: Bruce S. Pancio, Walsh Pancio, Lansdale.

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

Comment:

On Dec. 4, 2015, plaintiff Aesha Morris, age 41, was driving south on 59th Street at its intersection with Nassau Road, in Philadelphia. As she entered the intersection, the driver's side of her sedan was struck by a car that had been traveling on Nassau Road. Morris claimed back injuries that were a serious impairment.

The driver, Brandon Rembert, tendered his $15,000 policy to Morris.

Morris sued her insurer, Erie Insurance Exchange, seeking to recover her underinsured-motorist policy of $50,000. Morris alleged that Rembert caused the accident by driving through a stop sign. Erie stipulated to liability, and the case was tried on the issues of causation and damages.

Morris was driven by a Good Samaritan to an emergency room. She underwent diagnostic testing, which was negative, and she was discharged with instructions to follow up with her physician. On Dec. 7, Morris presented to a chiropractor with complaints of pain to her low back. She was put on a course of treatment, which consisted of massage, spinal manipulation, electrical stimulation and exercise. She treated through July 2016. During that time, Morris consulted with her primary care physician and underwent an MRI and an EMG. She was diagnosed with bulging at lumbar intervertebral disc L4-5, and radiculopathy stemming from L3-4 and L4-5.

With conservative treatment unsuccessful, Morris presented to a pain-management specialist. In November 2016, she underwent a transforaminal percutaneous decompression of the left L4-5 nerve roots. No further treatment was rendered, and Morris sought to recover $9,452.01 in medical costs.

Morris' expert in orthopedic surgery causally related her injuries and treatment to the accident, and determined that she suffered a serious impairment of a body function. The expert testified that Morris may require additional treatment, including physical therapy, diagnostic studies and possible lumbar surgery.

Morris testified that she was an active person before the accident. Due to her ongoing back pain, she is unable to garden, sit for long periods and enjoy family activities, like dancing. She sought to recover damages for past and future pain and suffering.

The defense's expert in orthopedic surgery, who examined Morris, testified that she suffered no injury from the accident, and that that her subjective complaints were not supported by the examination.

The jury found that Rembert's negligence was a factual cause of injury to Morris. Jurors determined that Morris suffered a serious impairment of a body function. She was determined to receive $36,500. The verdict was molded to $21,500 to reflect the fact that Rembert had already tendered his policy.

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

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