Maiorano v. Sherman

$14,000 Verdict

Date of Verdict: April 30.

Court and Case No.:  C.P. Delaware No. CV-2016-009952.

Judge: Spiros E. Angelos.

Type of Action: Motor vehicle.

Injuries: Head, neck injuries.

Plaintiffs Counsel: Gary C. Bender, Forbes, Bender, Paolino & DiSanti, Media.

Plaintiffs Expert: Elliot A. Schulman, neurology, Wynnewood.

Defense Counsel: Andre J. Webb, Styliades, Mezzanotte & Hasson, Philadelphia.

Defense Expert: Richard H. Bennett, neurology, Elkins Park.

Comment:

On Nov. 24, 2014, plaintiff Ann Maiorano, a hairstylist in her early 30s, was stopped in traffic on Sproul Road, in Broomall. A sedan rear-ended her sport utility vehicle. Maiorano claimed neck and head injuries.

Maiorano sued the SUV driver, Howard Sherman. She alleged that Sherman was negligent in the operation of a vehicle.

During court-mandated arbitration, Maiorano's damages were determined to be $12,000. Sherman appealed the determination.

Sherman stipulated to liability. The lawsuit proceeded on the issues of causation and damages.

Hours after the accident, Maiorano presented to an emergency room with complaints of neck pain. She was examined and released. Maiorano was ultimately diagnosed with a concussion, post-concussion syndrome, a cervical strain, cervical spasms and a tailbone contusion.

A week after the accident, Maiorano presented to her primary care physician with complaints of pain in her neck and lower back, headaches, weakness and dizziness. The physician diagnosed her with a mild concussion, cervical strain and a contusion to her tailbone. She was referred to a neurologist and was prescribed physical therapy.

Within weeks of the accident, Maiorano presented to the neurologist, who confirmed her injuries and diagnosed her with post-concussion syndrome. Maiorano treated with the neurologist through May 2016. The doctor prescribed migraine medication and administered Botox injections.

From February 2015 to November 2015, Maiorano treated with 14 sessions of physical therapy that included massage and exercise. Maiorano received no further treatment.

Maiorano's neurologist causally related the injuries and treatment to the subject accident. The expert concluded that Maiorano will continue to suffer neck pain/spasms and headaches indefinitely.

Maiorano testified that her migraines are so severe that there are times she just lies on her bathroom floor due to nausea. She noted that her migraines can last up to two days. According to Maiorano, she had to cut back on her work hours and time exercising due to her ongoing neck pain and headaches. She additionally stated that bright lights and music aggravate her migraines and she has difficulty physically interacting with her son, including putting him in a car seat.

Maiorano sought damages for past and future pain and suffering. Her husband had filed a claim for loss of consortium, but the claim was withdrawn.

The defense maintained that the low-impact collision could not have caused Maiorano's injuries. Citing photographs, the defense contended that Maiorano's SUV sustained very minor damage to its rear bumper, with a dent and a couple of scratches visible.

The defense also cited Maiorano's medical records which purportedly showed, following a 2010 rear-end collision, she complained of similar neck and back injuries and received extensive conservative treatment.

The defense's expert in neurology testified that a full and complete recovery is expected to occur within three to four months following a concussion and that Maiorano's ongoing symptoms are most likely due to her prior cervical injuries. The expert noted the absence of objective evidence related to neurological impairment.

The jury determined that Maiorano's damages totaled $14,000.

This report is based on information that was provided by plaintiffs counsel. Additional information was gleaned from court documents. Defense counsel did not respond to the calls for comment.

—This report first appeared in VerdictSearch, an ALM publication