Werksman v. Banas

$175,000 Verdict

Date of Verdict: Jan. 16.

Court and Case No.: C.P. Allegheny No. GD-16-002065.

Judge: Patrick M. Connelly.

Type of Action: Motor vehicle.

Injuries: Back injuries.

Plaintiffs Counsel: Jeffrey A. Pribanic, Pribanic & Pribanic, Pittsburgh.

Plaintiffs Experts: Bill Hennessey, physical medicine, Greensburg; Patrick P. Flannagan, neurosurgery, Pittsburgh.

Defense Counsel: Robert A. Loch and Andrew D. Shannon, Robb Leonard Mulvihill, Pittsburgh.

Defense Expert: Howard J. Senter, neurosurgery, Pittsburgh.

Comment:

On Aug. 22, 2015, plaintiff Marc Werksman, 58, was stopped on Rodi Road, waiting to turn left into a parking lot in Penn Hills, when his sedan was rear-ended by a sport utility vehicle. He claimed back injuries.

Werksman sued the driver, Tracy John Banas, alleging that he was negligent in the operation of a vehicle.

Banas stipulated to liability, and the case was tried on the issues of damages.

On Aug. 25, Werksman presented to a physician with complaints of pain to his low back. He was referred to a physiatrist, who, via an MRI and an EMG, diagnosed him with a herniation at lumbar intervertebral disc L5-S1, L4-5 stenosis and left-sided radiculopathy stemming from that level. Werksman complained of pain radiating into his left calf and the top of his left foot. He came under the care of a neurosurgeon, who prescribed physical therapy, pain medication and a series of epidural injections. Through spring 2016, Werksman treated conservatively, which, he alleged, provided only minimal relief. He was determined to be a surgical candidate.

On May 17, 2016, Werksman underwent a left L5 foraminotomy and a left L5-S1 microdiscectomy S1 foraminotomy. Following the surgery, Werksman resumed physical therapy and consulted with his surgeon through Oct. 7. No further treatment was rendered.

Werksman's neurosurgeon and physiatrist causally related his injuries and treatment to the accident. The physicians determined that Werksman suffered permanent injuries to his lumbar spine.

Werksman testified that he continues to experience back pain, which prevents him from sitting and standing for long periods and makes it difficult for him to bend and stoop. He also alleged continued numbness on the top of his left foot, which causes him to occasionally catch his left foot when walking. He sought damages for past and future pain and suffering.

Banas' expert in neurosurgery examined Werksman and conceded that he suffered an L5-S1 herniation that resulted in surgery. According to the expert, Werksman fully recovered from all injuries sustained in the accident, with the exception of minor left-foot numbness. The expert noted that Werksman's only current restriction is to avoid bending and lifting.

The jury determined that Werksman would receive $175,000.

Defense counsel has moved for a new trial.

This report is based on information that was provided by plaintiffs and defense counsel.

—This report first appeared in VerdictSearch, an ALM publication