verdicts-and-settlements-article

Burgess v. Guggeis

$10,100 Verdict

Date of Verdict: March 14.

Court and Case No.: C.P. Chester No. 2017-08759-TT.

Judge: Edward Griffith.

Type of Action: Motor vehicle.

Injuries: Head, neck and back injuries.

Plaintiffs Counsel: Frank P. Murphy, Murphy & Dengler.

Plaintiffs Expert: Jacob Trachtenberg, psychiatry, Pottstown.

Defense Counsel: Meghan M. Bissell, Bennett Bricklin & Saltzburg, Blue Bell.

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

Comment:

On Sept. 16, 2015, plaintiff Deborah Burgess, a salesperson in her late 50s, was driving north on Route 113/Uwchlan Avenue, toward its intersection with Devon Drive, in Exton. As Burgess entered the intersection, the front of her sport utility vehicle struck the front passenger's side of a sedan. The sedan's driver had been traveling in the opposite direction and attempting to turn left. Burgess claimed injuries to her head, neck and back.

Burgess sued the driver, Benjamin Guggeis, alleging that he was negligent in the operation of a vehicle. She also sued the owner of his vehicle, Lisa Guggeis, who was dismissed prior to trial.

Burgess' counsel maintained that Guggeis was 100 percent liable for the accident by failing to yield to Burgess, who had the right of way, and for making an improper turn.

The defense maintained that Burgess entered the intersection on a red light. Guggeis testified that he entered the intersection on a green light and stopped in the middle of the intersection to allow oncoming traffic to proceed before turning left. An oncoming motorist had stopped to allow Guggeis to make the turn, and Guggeis turned while the yellow light changed to red, at which point Burgess struck his vehicle.

The defense noted that Burgess gave conflicting statements as to the color of the traffic light. In her deposition, she stated that the last time she observed the light being green was at 100 yards away from the intersection; however, at trial she said that she had been 30 to 50 feet away from the intersection when she observed that the light was green. The defense contended that Burgess was 100 percent liable for the accident.

Burgess was taken by ambulance to an emergency room. She underwent X-rays, which were negative, and was discharged. On Sept. 21, Burgess presented to her primary care physician with complaints of pain to her neck, left arm and low back; bruising; a laceration to her leg, and a hematoma on the right side of her forehead. She was diagnosed with a head contusion, a closed-head injury, and strains and sprains to her cervical and lumbar spine. Burgess was put on a course of physical therapy through Dec. 21; her treatment consisted of massage and exercise. During her course of treatment, she was further diagnosed with left-sided radiculopathy stemming from her cervical spine. No further imaging studies were performed, and no further treatment was administered, for her alleged physical injuries.

In June 2016, Burgess presented to her psychiatrist, claiming depression and anxiety. The physician diagnosed her with an aggravation of pre-existing depression and she treated with medication and three counseling sessions. No further treatment was rendered, and she sought to recover a workers' compensation lien of $$8,732.30.

Burgess' counsel cited her medical records to causally relate her injuries and treatment to the accident. Her counsel argued that Burgess suffered a serious impairment of a bodily function. In his report, Burgess's psychiatrist opined that the accident exacerbated her pre-existing depression and anxiety, and that it was not until 11 months post-accident that she returned to her baseline condition.

The case was tried pursuant to Pennsylvania Rule of Civil Procedure 1311.1.

The parties agreed to try the case pursuant to Pennsylvania Rule of Civil Procedure 1311.1. Under the rule, a verdict is capped at $25,000, and expert-witness reports are submitted into evidence instead of live testimony by the expert witnesses.

Burgess testified that she mostly recovered from her physical injuries two months following completion of her treatment. However, during her recovery she allegedly had to sleep on the first floor of her home because she was unable to climb the stairs. She also had difficulty driving, due to her inability to sit for long periods. She stated that she continues to suffer from occasional neck and back pain. Burgess sought damages for past and future pain and suffering.

In his report, the defense's expert in orthopedic surgery, who reviewed Burgess' records, determined that all Burgess suffered were soft-tissue injuries that would have resolved within weeks and months of the accident. The expert questioned Burgess' exacerbation of depression and anxiety, since she did not seek treatment for it until nine months after the accident. The expert concluded that Burgess did not suffer a serious impairment of a bodily function.

The jury found that Burgess and Guggeis were each 50 percent liable. Burgess was determined to receive $10,100, which was accordingly reduced to $5,050.

This report is based on information that was provided by defense counsel. Plaintiffs counsel did not respond to calls for comment.

—This report first appeared in VerdictSearch, an ALM publication