Butler v. Doran

$63,000 Verdict

Date of Verdict: Feb. 21.

Court and Case No.: C.P. Montgomery No. No. 2017-4313.

Judge: Garrett D. Page.

Type of Action: Motor vehicle.

Injuries: Concussion, neck injury.

Plaintiffs Counsel: Gregory P. DiPippo, Bello, Reilley, McGrory & DiPippo Attorneys At Law, King of Prussia.

Plaintiffs Expert: Edward C. Galena, pediatrics; Chalfont.

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

Comment:

On Feb. 2, 2016, plaintiff Brian Butler, 16, was a passenger in a sedan that was stopped in traffic on Morris Road, near its intersection with Valley Forge Road, in Upper Gywnedd. His car was rear-ended by a sport utility vehicle, which had been propelled forward after having been struck by a trailing vehicle that was being driven by John Doran. Butler claimed that he suffered injuries of his head and neck.

Butler sued Doran. He alleged that Doran was negligent in the operation of his vehicle. Doran stipulated to liability, and the case was tried on the issues of causation and damages.

Butler alleged that he struck the back of his head on his headrest during the collision. The next morning, he presented to his pediatrician with complaints of headaches and neck pain. Butler, a high school sophomore, missed eight days of school.

Butler began treating with physical therapy, which he did for three sessions through Feb. 23, 2016. His treatment included massages.

Following the physical therapy, Butler presented to a neurologist, who diagnosed him with a concussion, post-concussion syndrome and strains of his cervical and thoracic regions. He treated with four additional sessions of physical therapy through March 2016. No further treatment was administered.

Butler testified that his injuries and treatment sidelined him from participating in indoor and outdoor track teams as a high jumper, which he allegedly enjoyed and excelled at. He allegedly lost interest in the sport and no longer participated for the remainder of his time in high school. Butler also alleged that he experienced temporary memory impairment in August 2016, which he related to the accident. He also testified that he occasionally experiences neck and upper-back pain.

Butler sought damages for past and future pain and suffering.

The defense maintained that Butler underwent no imaging studies to support his injuries and that his treatment was limited. Doran's counsel noted that Butler had undergone three ImPACT tests for his concussion, but that the tests were not submitted into evidence.

The defense argued that Butler had fully recovered from any injuries he sustained in the accident.

The jury found that Doran's negligence was a factual cause of injury to Butler. He was determined to receive $63,000.

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

—This report first appeared in VerdictSearch, an ALM publication