Berger v. Wilson

$2.1M Verdict

Date of Verdict: May 22.

Court and Case No.: C.P. Allegheny No. GD-17-007297.

Judge: Patrick M. Connelly.

Type of Action: Motor vehicle.

Injuries: Back, head and leg injuries.

Plaintiffs Counsel: Joshua P. Geist, Goodrich & Geist, Pittsburgh and Gary L. Ciao, Ciao, Torisky and O'Connor, Pittsburgh.

Plaintiffs Experts: Edward R. Westrick, orthopedic surgery; Pittsburgh;  Varsha A. Desai, life care planning; Blue Bell;  Charles J. Burke III, orthopedic surgery; Pittsburgh;  Richard B. Kasdan, neurology, Pittsburgh; William M. DeMay, physical medicine; Johnstown.

Defense Counsel: Marc B. Zingarini and Elizabeth C. Grabey, McGivney, Kluger & Cook, Philadelphia.

Defense Experts: Kathleen Ryan Kuntz, life care planning, Jamison.

Comment:

On June 29, 2015, plaintiff Donald Berger, 62, was driving east on Hulton Road, in Penn Hills Township. His minivan was involved in a head-on collision with a westbound car that was being driven by Caleb Wilson, who had crossed the roadway's center line. Berger suffered injuries of his back, his head and a leg.

Berger sued Wilson. Berger alleged that Wilson was negligent in the operation of his vehicle. Defense counsel conceded liability. The trial addressed damages.

Berger was retrieved by an ambulance, and he was transported to a hospital. He was diagnosed with a comminuted distal fracture of the left femur, a nasal fracture, nasal lacerations, dislocation of the left index and ring fingers, fractures of ribs, a closed injury of his head, a fracture of each foot's great toe, and a fracture of the T5 vertebra, which resulted in paraplegia. Upon admission, an external fixator was placed on Berger's left thigh. Berger later underwent open reduction and internal fixation of his left femur's fracture, in which a plate and screws were implanted and bone grafting was performed. During his hospitalization, he suffered a heart attack and a pulmonary embolism, which required implantation of a blood-clot filter that was later removed in February 2017. After he was stabilized, Berger was transferred to a rehabilitation facility on an inpatient basis. He underwent extensive physical therapy. He suffered impairments in word fluency due to an injury to his frontal lobe.

Following his discharge, Berger suffered complications, including vascular problems with his legs, chronic venous stasis changes in both feet, and edema and ulcers of his toes. The skin breakdown of his toes requires daily wrapping, monitoring and care. He has also developed muscle spasticity and neurogenic bowel and bladder.

Berger's experts in physical medicine and life care planning outlined his future medical needs, which include medication, a total left-knee replacement, neuropsychological testing and treatment, handicap modifications, and medical monitoring.

Prior to the accident, Berger suffered from multiple sclerosis, which required him to use a wheelchair intermittently. He testified that, despite the condition, he was able to live an independent lifestyle. However, due to his injuries from the accident, which left him permanently wheelchair-bound, he requires near around-the-clock assistance for his activities of daily living, including dressing himself, bathing and using the bathroom. He sought to recover $2.3 million to $3.6 million in future medical costs, plus damages for past and future pain and suffering and disfigurement.

Berger's wife testified about his limitations and how she has become his caregiver. She discussed how the daily routine of wrapping and binding her husband's feet and toes, due to ongoing swelling and skin breakdown, is laborious and exhausting. She sought damages for loss of consortium.

The defense's expert orthopedist testified that Berger made a good recovery from his femur fracture and does not require a knee replacement. The defense's expert in life care planning testified that any future treatment related to Berger's injuries from the accident would be minimal. The expert stated that given Berger's multiple sclerosis, he would have eventually required assistance with his activities of daily living if the accident had not occurred.

The jury determined that the Bergers' damages totaled $2.1 million.

This report is based on information that was provided by plaintiffs counsel. Defense counsel did not respond to calls for comment.

—This report first appeared in VerdictSearch, an ALM publication