Hearn v. Damico

$56,464.30 Verdict

Date of Verdict: Nov. 7, 2018.

Court and Case No.: C.P. Allegheny No. GD-14-016048.

Judge: Alan D. Hertzberg.

Type of Action: Motor vehicle.

Injuries: Neck injuries.

Plaintiffs Counsel: Brittani R. Hassen and George M. Kontos, Kontos Mengine Law Group, Pittsburgh.

Plaintiffs Expert: Adam S. Kanter, neurosurgery, Pittsburgh.

Defense Counsel: Daniel L. Rivetti and Charles P. Sapienza III, Robb Leonard Mulvihill, Pittsburgh.

Defense Expert: Daniel A. Wecht, neurosurgery, Pittsburgh.

Comment:

On Oct. 1, 2012, plaintiff Jennifer Hearn, 41, was driving south on Middle Road, toward its intersection with Wildwood Road Extension, in Hampton Township. As Hearn entered the intersection, which had no traffic-control devices, the front driver's side of her minivan was struck by the front of a sedan. The sedan had been driving in the opposite direction on Middle Road and attempted to turn left at the intersection. Hearn claimed neck injuries.

Hearn sued the sedan's driver, Richard Damico. She alleged that he was negligent in the operation of his vehicle.

According to Hearn, as she approached the intersection, she noticed Damico, traveling in the opposite direction, looking down and not at the road. Damico allegedly started turning left in front of Hearn, still looking down and not looking at her in the intersection. Hearn claimed she braked and moved her vehicle toward the right to try to avoid the imminent collision, but was unsuccessful.

Hearn's counsel argued that Damico did not have the legal right of way to enter the intersection, and nor did he have an assured clear distance to make the left turn.

The defense maintained that Hearn was contributorily negligent for the accident. Damico testified that he assured a clear distance before turning, and he did not see Hearn's vehicle. It was not until Damico was attempting the turn at the intersection that Hearn came out of nowhere and caused the collision, he alleged. The defense maintained that Hearn had a duty to yield to Damico, who was in the process of turning left, and that her failure to do so caused the accident.

Hearn was taken by ambulance to an emergency room. She was diagnosed with a fracture to her right little finger, of her dominant arm. Her finger which was splinted. An MRI of her cervical spine was abnormal. Hearn was discharged with instructions to follow up with her primary care physician.

In the ensuing days, Hearn presented to her doctor with complaints of neck pain and numbness and tingling into her arms and hands. She was put on a course of physical therapy, which consisted of massage and exercise.

On Nov. 15, Hearn presented to a neurosurgeon, who via an MRI, diagnosed her with a herniation at cervical intervertebral disc C6-7, bulging at C5-6 and annular tears at C5-6 and C6-7.

Hearn continued to consult with the neurosurgeon and treated intermittently with physical therapy. By fall 2014, it was determined that Hearn required surgery after conservative treatment only minimally improved her condition. On Oct. 31, 2014, she underwent a decompression and fusion at C5-6 and C6-7. Following the surgery, Hearn followed up with her neurosurgeon. No further treatment was rendered.

Hearn's neurosurgeon causally related her injuries and treatment to the accident, and opined that she suffered a permanent injury.

Hearn alleged that she continues to experience ongoing neck pain. This allegedly interferes with caring for her daughter and performing activities of daily living.

She sought to recover a health-care lien of $26,464.30. along with damages for past and future pain and suffering.

The defense's expert in neurosurgery testified that Hearn only suffered soft-tissue injuries to her neck which later resolved. The expert concluded that Hearn's surgery was unrelated to the accident.

The jury found that Damico was negligent and his negligence was a factual cause of harm to Hearn. Jurors determined that Hearn was not negligent. Hearn was determined to receive $56,464.30. She was to receive $26,464 for personal injury and past medical cost and $30,000 for  past and future pain and suffering.

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

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