Clark v. Fink

Defense Verdict

Date of Verdict: March 11.

Court and Case No.: C.P. Allegheny No.  GD-17-015782.

Judge: Patrick Connelly.

Type of Action: Motor vehicle.

Injuries: Back, neck, shoulder, wrist injuries.

Plaintiffs Counsel: Garth A. Gartin, Simon & Simon.

Plaintiffs Expert: Lance O. Yarus, orthopedic surgery, Philadelphia.

Defense Counsel: Robert A. Loch, Robb Leonard Mulvihill, Pittsburgh.

Defense Expert: Steven E. Kann, orthopedic surgery, Pittsburgh.

Comment:

On Dec. 9, 2016, plaintiff Mark Clark, a man in his 50s, was driving on the Rankin Bridge, in Rankin. His car rear-ended a car that was being driven by Joseph Fink, who was attempting to merge onto the bridge from River Road. Clark claimed that he suffered injuries of his back, his neck, a shoulder and a wrist.

Clark sued Fink. Clark alleged that Fink was negligent in the operation of his vehicle. Clark testified that Fink attempted to merge onto the bridge when it was unsafe to do so, since he failed to ensure a safe, clear distance.

Fink testified that he had merged onto the bridge properly when Clark’s car rear-ended his car. The defense maintained that Clark should have seen Fink’s vehicle and should have avoided striking it.

After two days had passed, Clark presented to an emergency room with complaints of pain in his left shoulder, left wrist and ribs. X-rays of those areas were negative, and he was given medication and discharged.

Clark was ultimately diagnosed with a tear of the left shoulder’s glenoid labrum, a left-wrist sprain, strains and sprains of his cervical and lumbar regions, and radicular left-arm pain. On Dec. 24, 2016, Clark, with continuing pain in his left wrist, presented to his primary care physician, who diagnosed him with a wrist sprain. On Jan. 6, 2017, Clark presented to a chiropractor, complaining of pain in his neck, back and left shoulder. He was put on a course of chiropractic treatment, which consisted of massages and spinal manipulation, until Nov. 7, 2017. In February 2017, Clark underwent an MRI of his left shoulder that allegedly showed a tear of the superior glenoid labrum. He was further diagnosed with strains and sprains of his neck and lower back, all of which later resolved.

On Aug. 24, 2017, Clark presented to an orthopedic surgeon with complaints of pain in his neck, radiating to his left shoulder and arm. He received a cortisone injection in his left shoulder and another one in February 2018. No further treatment was rendered. Clark’s expert in orthopedic surgery causally related Clark’s injuries and treatment to the accident and opined that Clark suffered a serious impairment of a bodily function in his left shoulder. The expert recommended that Clark undergo future treatment, including physical therapy, injections and possible surgery.

Clark testified that he continues to experience pain, stiffness and a limited range of motion in his left shoulder. This allegedly causes difficulty performing certain activities of daily living and household duties. He sought damages for past and future pain and suffering.

The defense’s expert in orthopedic surgery, who examined Clark, testified that Clark suffers from advanced pre-existing arthritis in his left shoulder with tendonitis. The expert stated that the accident did not cause, contribute to or aggravate Clark’s pre-existing condition. The expert concluded that Clark’s only injury as a result of the accident was a contusion to his left wrist, which resolved shortly thereafter.

The defense cited Clark’s medical records, which detailed how he complained of left-shoulder pain from an incident that occurred Oct. 25, 2016, in which he struck his shoulder against a wall. Clark was referred to physical therapy for the complaint, but he did not undergo treatment, the defense noted.

The jury rendered a defense verdict. It found that Fink was not liable for the accident.

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