Schmerling v. LM General Insurance 

$400,000 Verdict

Date of Verdict: Feb. 7.

Court and Case No.: U.S. Dist. Court E.D. Pa. No. 2:17-cv-03659-JD

Judge: Jan E. DuBois.

Type of Action: Motor vehicle.

Injuries: Knee, hip injuries.

Plaintiffs Counsel: Jason E. Fine, J. Fine Law, Philadelphia.

Plaintiffs Expert: Andrew S. Frankel, orthopedic surgery, Exton.

Defense Counsel: Gregory P. Voci, Styliades, Mezzanotte & Hasson, Philadelphia.

Defense Expert: Stuart L. Gordon, orthopedic surgery, Ridley Park.

Comment:

On Aug. 4, 2015, plaintiff Rachel Schmerling, 41, was walking in a parking lot at 100 Quarry Road, in Downingtown. She was struck by a sport utility vehicle that was backing out of a parking space. Schmerling claimed knee and hip injuries.

Schmerling settled with the driver for $273,000, from a policy that provided $300,000 of coverage.

Schmerling sued her own carrier, Liberty Mutual, seeking to recover her underinsured-motorist coverage of $100,000. Liberty Mutual stipulated to liability, and the case was tried on the issues of damages.

Schmerling was knocked to the ground by the SUV. Her husband drove her to an emergency room, where she was examined and released. Days later, Schmerling, complaining of pain to her right knee and left hip, came under the care of an orthopedic surgeon. Schmerling underwent MRIs and was diagnosed with a medial meniscus tear to her right knee and a labrum tear of her left hip. She was put on a course of physical therapy, which consisted of massages and exercises, for the remainder of the year.

In January 2016, Schmerling underwent arthroscopic repair of her labrum tear. Following the surgery, Schmerling resumed physical therapy and consulted with her surgeon.

In July 2016, Schmerling received an arthroscopy of her right knee. Through the summer of 2017, Schmerling continued to treat with physical therapy for her knee and hip. No further treatment was administered.

Schmerling's orthopedic surgeon opined that the accident caused Schmerling to suffer permanent injuries to her hip and knee. The expert determined that Schmerling may need a left hip replacement in the future.

Schmerling testified that she continues to experience pain and limitations in her knee and hip. This allegedly makes it difficult for her to care for her four young children. Schmerling also testified that she has difficulty walking for long periods, as well as climbing stairs and bending. She sought damages for past and future pain and suffering. Prior to trial, Schmerling's husband withdrew his claim for loss of consortium.

The defense's expert in orthopedic surgery acknowledged Schmerling's injuries and treatment and concluded that she made a full recovery with no continuing limitations.

The jury determined that Schmerling would receive $400,000. The verdict was molded to $100,000, the amount of Schmerling's underinsured-motorist policy.

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