Nix v. Gillespie

Defense Verdict

Date of Verdict: March 14.

Court and Case No.: C.P. Montgomery No. 2017-04993.

Judge: Gail A. Weilheimer.

Type of Action: Motor vehicle.

Injuries: Neck, back and arm injuries.

Plaintiffs Counsel: Frank Campese Jr., Frank Campese Jr., P.C., Philadelphia.

Plaintiffs Expert: Sommer Hammoud, orthopedic surgery, Bensalem.

Defense Counsel: Jeffrey E. Tenthoff, Goldberg, Miller & Rubin, Philadelphia.

Defense Expert: Leonard A. Brody, orthopedic surgery, Southampton.

Comment:

On March 6, 2015, plaintiff Sonia Nix, 50, a corporate scheduler, was driving on Township Line Road, in Norristown. Her sport utility vehicle's rear end was struck by a trailing sport utility vehicle that was being driven by Jamie Lynn Gillespie. Nix claimed that she suffered injuries of her back, her neck and a shoulder.

Nix sued Gillespie. Nix alleged that Gillespie was negligent in the operation of her vehicle. During court-mandated arbitration, Nix was determined to receive $3,000, which she appealed. At trial, Nix's counsel faulted Gillespie for failing to maintain a safe following distance and for failing to keep a proper lookout.

Defense counsel stipulated to negligence but contended that Nix was comparatively negligent. Gillespie testified that Nix stopped suddenly when there was no traffic in front of her and with no intersection nearby. Gillespie's counsel cited Nix's emergency room and physical therapy records, in which Nix stated that she stopped suddenly because there were geese on the shoulder of the road. However, despite the admissions in the medical records, Nix, at trial, denied that she had ever given those statements, the defense asserted.

After two days had passed, Nix presented to her primary care physician with complaints of pain in her neck, back and right, dominant arm's shoulder. She was examined and released.

Two weeks later, Nix returned to her physician with ongoing complaints. She was prescribed physical therapy. Nix did not start physical therapy until June 2. She treated through Aug. 19.

Her treatment consisted of massages and exercises. During that time, she was diagnosed with strains and sprains of her right shoulder and of her cervical, thoracic and lumbar spine. Following her completion of physical therapy, Nix did not treat again until March 2016, when she returned to her primary care physician with continuing complaints of pain and limited range of motion of her right shoulder. She underwent an MRI of her right shoulder and was diagnosed with a partial-thickness tear of the supraspinatus tendon and a tear of the glenoid labrum. Nix was referred to an orthopedic facility, and in May she received a steroid injection to her right shoulder. From April to August, Nix treated with physical therapy to her shoulder. No further treatment was rendered until early 2018, when Nix returned to the orthopedic facility with persistent shoulder complaints. On March 2, she underwent an arthroscopy to repair the rotator cuff tears.This consisted of a subacromial decompression and biceps tenodesis.

Following the surgery, Nix consulted with her surgeon and treated with additional physical therapy through Aug. 28. No further treatment was administered.

Nix sought to recover a health care lien of $17,818.75 and lost wages of $6,321, having missed four weeks of work.

Nix's surgeon causally related her injuries and treatment to the accident and opined that she made a good to excellent recovery from her shoulder surgery, with no formal restrictions.

Nix testified that she continues to experience shoulder pain and limitations. She allegedly has difficulty performing overhead activities with her right arm, and she experiences pain with activity and when caring for her granddaughter. Nix sought damages for past and future pain and suffering.

The defense questioned the severity of Nix's alleged injuries, given her long gaps in treatment. The defense also noted that, per her surgeon's opinion, Nix had a good to excellent prognosis. The defense's expert in orthopedic surgery, who examined Nix, testified that any injuries Nix sustained from the accident were strains and sprains to her neck, shoulder and back. According to the expert, Nix had a long-standing degenerative condition in her right shoulder that was not aggravated by the accident. Additionally, given Nix's gaps in treatment and the minor forces caused by the low-impact collision, Nix could not have suffered a rotator cuff tear, the expert concluded.

The jury rendered a defense verdict. It found that Gillespie's negligence was not a factual cause of harm to Nix.

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.