DiCaprio v. Sharpe and Johnson

Defense Verdict

Date of Verdict: Feb. 1.

Court and Case No.: C.P. Philadelphia No. 171100815.

Judge: Marlene F. Lachman.

Type of Action: Motor vehicle.

Injuries: Neck, back injuries.

Plaintiffs Counsel: James J. Walsh, Jay L. Edelstein Law, Philadelphia.

Plaintiffs Expert: Mark D. Avart, orthopedic surgery, Philadelphia.

Defense Counsel: Ronald L. Marrero, Robert J. Casey Jr. & Associates, Philadelphia; Lindsay E. Ettl, Hubshman, Flood, Dorn & Kolb, Plymouth Meeting.

Defense Experts: Joseph Bernstein, orthopedic surgery, Philadelphia; Michael L. Brooks, radiology, Darby.

Comment:

On Dec. 4, 2015, plaintiff Anthony DiCaprio, 34, a building engineer, was stopped at a red light on Passyunk Avenue, at its intersection with 25th Street, in South Philadelphia. His car was rear-ended by another car. DiCaprio claimed neck and back injuries.

DiCaprio sued the driver, Malik Johnson, alleging that she was negligent in the operation of the vehicle. DiCaprio also sued Hakeem Sharpe, who had been driving in back of Johnson and rear-ended her vehicle.

DiCaprio testified that he had been rear-ended twice: initially by Johnson, and again by Johnson after her vehicle was pushed into the back of DiCaprio's car after she had been rear-ended by Sharpe. DiCaprio's counsel faulted Sharpe and Johnson for failing to maintain a proper following distance. Johnson denied that she struck DiCaprio's vehicle twice. According to Johnson, she had been stopped behind DiCaprio when her car was rear-ended by Johnson, causing her to be pushed into the back of DiCaprio's car.

Johnson denied any liability and maintained that a phantom vehicle had struck him and pushed his vehicle into the back of Johnson.

About 10 days later, DiCaprio, complaining of headaches and pain to his neck and low back, presented to his family doctor. DiCaprio was referred to physical therapy and treated with 18 sessions through July 2016. His treatment consisted of massage and exercise. DiCaprio underwent MRIs and was diagnosed with a concussion; herniations at cervical intervertebral discs C4-5, C5-6 and C6-7, and a lumbar strain and sprain. In June 2016, DiCaprio received an epidural injection at C6-7. In October, he was diagnosed with left-sided radiculopathy stemming from C7, after complaining of radiating pain into his left arm. DiCaprio continued to follow up with a physiatrist through November, and no further treatment was administered thereafter. DiCaprio's expert in orthopedic surgery causally related DiCaprio's injuries and treatment to the accident and opined that DiCaprio suffered a serious impairment of a bodily function due to his cervical herniations and radiculopathy.

DiCaprio testified that he continues to experience neck pain and tingling in his left arm. This allegedly prevents him from lifting heavy objects at work, riding his motorcycle, and playing football and basketball. He discussed his inability interacting with his children, one of whom is a teenager who plays sports. DiCaprio sought damages for past and future pain and suffering. Johnson's expert in radiology testified that he saw only degenerative changes, and not herniations, at C4-5, C5-6 and C6-7.

Sharpe's expert in orthopedic surgery, who examined DiCaprio, testified that there was no objective evidence of a structural injury in his MRI, and DiCaprio's EMG did not show radiculopathy. The expert concluded that DiCaprio did not suffer a serious impairment of a bodily function.

The defense also noted that DiCaprio treated only sporadically with physical therapy over the course of seven months.

The jury rendered a defense verdict. It found that Sharpe and Johnson were negligent, but their negligence was not a factual cause of harm to DiCaprio.

This report is based on information that was provided by Sharpe's counsel. Plaintiffs counsel and Johnson's counsel did not respond to calls for comment.

—This report first appeared in VerdictSearch, an ALM publication