Kulesa v. McMullen

$40,000 Settlement

Date of Settlement: Jan. 29.

Court and Case No.: C.P. Allegheny No. GD-16-002901.

Judge: Michael A. Della Vecchia.

Type of Action: Motor vehicle.

Injuries: Knee injury.

Plaintiffs Counsel: Paul G. Mayer Jr., Friday & Cox.

Plaintiffs Expert: Joseph P. Stracci, orthopedic surgery; Washington. Defense Counsel: James W. Harvey, Margolis Edelstein, Pittsburgh.

Defense Experts: Jeffrey N. Kann, orthopedic surgery, Pittsburgh.

Comment:

On March 13, 2014, plaintiff Craig Kulesa, 43, a bus driver, was driving a bus on west Route 65, near the North Shore exit, in Pittsburgh. He rear-ended a flatbed truck. Kulesa claimed that he suffered injuries of a knee.

Kulesa sued the truck's driver, Matthew McMullen. He alleged that McMullen was negligent in the operation of his vehicle.

According to Kulesa, he attempted to change lanes to pass a slower-moving vehicle when McMullen accelerated along the right side of the bus on the shoulder. It then pulled in front of the bus and proceeded to stop abruptly in front of the bus, causing a rear-end collision, Kulesa asserted.

McMullen did not stipulate to or contest liability.

Kulesa alleged that he struck his left knee on the dashboard during the accident. He sought no immediate medical attention.

During the next two months, Kulesa claimed that he experienced increasing pain in his left knee, which prompted him to see an orthopedic surgeon on May 13. He underwent an MRI arthrogram which showed no acute pathology. A second opinion determined that Kulesa suffered a tear of the left medial meniscus.

On June 18, Kulesa underwent an arthroscopy and partial medial meniscectomy and synovectomy. Following the procedure, Kulesa consulted with his surgeon and treated with a home physical therapy program. No further treatment was rendered.

Kulesa's surgeon, in his report, opined that the accident caused Kulesa to suffer a tear of the left medical meniscus which necessitated surgery.

Kulesa alleged that he continues to experiencing soreness and a clicking sound in his left knee.

Kulesa sought to recover a workers' compensation lien of $17,111.86. He also sought damages for past and future pain and suffering.

In his report, the defense's expert in orthopedic surgery, who examined Kulesa, determined that Kulesa only suffered a minor bump or contusion on his left knee from the accident, and that he completely recovered by the time he presented to an orthopedic surgeon in May 2014.

The expert attributed Kulesa's knee pain and surgery to his pre-existing knee condition. In 2010, Kulesa tore his left anterior cruciate ligament in a motorcycle accident, and underwent arthroscopy and a meniscectomy in 2012.

The parties negotiated a pretrial settlement. McMullen's insurer agreed to pay a total of $40,000 from a policy that provided $100,000 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.