Thomas v. Yacker

$8,482 Verdict

Date of Verdict: May 31.

Court and Case No.: C.P. Bucks No. 2014-07936.

Judge: Robert O. Baldi.

Type of Action: Motor vehicle.

Injuries: Back, neck injuries.

Plaintiffs Counsel: Timothy Jeffrey Domis, Spear, Greenfield, Richman Weitz & Taggart.

Plaintiffs Expert: Irina Staicu, physical medicine, Philadelphia.

Defense Counsel: James D. Blumenthal, Bennett Bricklin & Saltzburg, Marlton, New Jersey.

Defense Expert: Barry J. Snyder, orthopedic surgery, Levittown.

Comment:

On Oct. 2, 2013, plaintiff Brett Thomas, 43, was driving a minivan on Newportville Road, in Croydon. His wife, plaintiff Marinet Thomas, 30, was a passenger. While stopped, their minivan was rear-ended by a sedan. Brett Thomas claimed a neck injury. Marinet Thomas claimed back injuries.

The Thomases sued the sedan's driver, Eric Yacker. They alleged he was negligent in the operation of a vehicle.

Yacker stipulated to liability. The case proceeded on the issues of causation and damages.

On Oct. 4, the Thomases presented to a rehabilitation facility, with Brett Thomas complaining of neck pain and Marinet Thomas complaining of back pain.

Brett Thomas was diagnosed with a herniation of intervertebral disc C2-3. He underwent an MRI and treated with chiropractic care, which consisted of massages and spinal manipulation, though March 2014. He also treated with a series of trigger-point injections. No further treatment was rendered.

Brett Thomas testified that he made a full recovery at the completion of his treatment in March 2014. He testified that, during his treatment, he suffered pain and limited range of motion in his neck, which caused him difficulty in caring for his children. He sought to recover $5,209 in medical costs and damages for past pain and suffering.

Marinet Thomas was diagnosed with a herniation at L5-S1, with radiculopathy stemming from that level. She underwent an MRI and treated with chiropractic care, which consisted of massages and spinal manipulation, though March 2014. She also treated with a series of trigger-point injections. No further treatment was rendered.

Marinet Thomas testified that she continues to suffer from lower back pain. This allegedly affects her ability to lift objects and to care for her children. She sought to recover $3,273 in medical costs and damages for past and future pain and suffering.

The Thomases' expert in physical medicine causally related the couple's injuries and treatment to the accident. They expert opined that they each suffered a serious impairment of a body function.

The defense maintained that neither of the Thomases suffered a serious impairment of a bodily function. The defense contended that this was evidenced by the fact that Mr. Thomas testified both in his deposition and trial testimony that all of his injuries resolved at the completion of his treatment.

Given Brett Thomas' testimony, the defense's expert in orthopedic surgery only examined Marinet Thomas. According to the expert, there was no indication that she suffered anything other than a soft tissue injury that would have resolved within six weeks of the accident

The jury found that Yacker's negligence was a factual cause of injury to the Thomases, but that neither of the Thomases suffered a serious impairment of a bodily function. The jury determined that Brett Thomas' damages totaled $5,209 and Marinet Thomas' damages totaled $3,273.

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.