verdicts-and-settlements-article

Davis v. Andrews

$1,000 Verdict

Date of Verdict: April 3.

Court and Case No.: C.P. Bucks No. 2015-08630.

Judge: Robert O. Baldi.

Type of Action: Motor vehicle.

Injuries: Spinal injuries.

Plaintiffs Counsel: Danielle L. Duffy, Spivack & Spivack.

Plaintiffs Expert: Robert F. Sing, family medicine, Springfield.

Defense Counsel: Geoffrey S. Peterson, Bennett, Bricklin & Saltzburg, Blue Bell.

Defense Expert: David E. Reinhardt, orthopedic surgery, Huntingdon Valley.

Comment:

On Jan. 17, 2014, plaintiff Darlene Davis, 52, was a passenger in a sedan that was stopped in traffic on New Falls Road, at its intersection with Oxford Valley Road, in Levittown. Her car was rear-ended by another car. Davis claimed neck and back injuries. Her daughter, plaintiff Sarah Davis, in her late 20s, was the driver and asserted injuries.

The Davises sued the driver, James Andrew, alleging that he was negligent in the operation of a vehicle.

Sarah Davis settled with Andrews for an undisclosed amount prior to trial. Andrews stipulated to liability, and the case was tried on the issue of damages as to Darlene Davis' claim.

Following the accident, Davis was driven to an emergency room and was examined and released. On Feb. 11, she sought treatment from her primary care physician, complaining of pain to her neck and back. Davis underwent MRIs and was diagnosed with strains and sprains to her neck and low back, and with an exacerbation of degenerative disc disease to her cervical, thoracic and lumbar spine. On March 27, Davis began a course of physical therapy that consisted of massage and exercise. She treated through January 2015. Following the therapy, Davis continued to consult with her primary care physician and complained of ongoing neck and back pain. In the fall, she presented to a pain-management doctor and received three epidural injections to her lumbar spine. Davis underwent no further treatment until April 2016, when she treated with a course of chiropractic care. Through November 2017, Davis treated with 60 sessions, which included massage and spinal manipulation. No further treatment was rendered, and Davis sought to recover a medical lien of $4,000.

Davis' expert in family medicine causally related her injuries and treatment to the accident. According to the expert, Davis suffers permanent pain and stiffness in her neck and back, and her prognosis is poor.

Davis testified that her ongoing neck and back pain has altered her life. She alleged that she is unable to travel as she had been used to and that she can no longer engage in motorcycle riding, a hobby that she and her husband shared. She sought damages for past and future pain and suffering. Davis' husband testified about her condition, which has caused him to take on more household chores. He sought damages for his claim for loss of consortium.

The defense questioned Davis' alleged injuries given her gaps in treatment. According to the defense, she waited nearly a month before seeking further medical attention after the accident, and then more than a month until she started formally treating. There were additional gaps between the completion of her physical therapy and injections, and a further gap in starting chiropractic care, the defense asserted.

The defense's expert in orthopedic surgery, who examined Davis, testified that, at most, she suffered strains and sprains that resolved within weeks of the accident. The majority of her treatment was the result of her long-standing degenerative disc disease, which was unaffected by the accident, the expert concluded.

The jury determined that Darlene Davis was entitled to $1,000.

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