Bodison v. Fullwood

$240,000 Verdict

Date of Verdict: Aug. 21.

Court and Case No.: C.P. Philadelphia No. No. 180702578.

Judge: Abbe F. Fletman.

Type of Action: Motor vehicle.

Injuries: Back, knee and neck injuries.

Plaintiffs Counsel: Justin K. Youkey, Spear, Greenfield, Richman, Weitz & Taggart, Philadelphia.

Plaintiffs Expert: Mark D. Allen, orthopedic surgery, Lansdowne.

Defense Counsel: John M. Guthrie, Law Office of Donna M. DiPietro, Philadelphia.

Defense Expert: Dennis P. McHugh, orthopedic surgery, East Norriton.

Comment:

On Dec. 1, 2016, plaintiff Gregory Bodison, 65, a part-time carpenter and painter, was driving on Cheltenham Avenue, near its intersection at Coventry Avenue, in North Philadelphia. While he was proceeding through the intersection, his sport utility vehicle struck the right side of a school bus that was being driven by Akera Fullwood, who was executing a left turn onto Coventry Avenue, from the opposite side of Cheltenham Avenue. Bodison claimed that he suffered injuries of his back, a knee and his neck..

Bodison sued Fullwood and her employers, Cheltenham Transportation LLC and Philly Transportation LLC. The lawsuit alleged that Fullwood was negligent in the operation of her vehicle. The lawsuit further alleged that Fullwood's employers were vicariously liable for Fullwood's actions.

Bodison claimed that he had a green light as he entered the intersection. Bodison's counsel faulted Fullwood for making an improper turn by failing to yield to Bodison, who had the right of way. Bodison's counsel also contended that Fullwood had a greater duty of care since she was transporting 35 students at the time of the collision.

Fullwood testified that the intersection was clear as she made the turn and that she did not see Bodison's vehicle. The defense maintained that, since Fullwood was in the process of making her turn, Bodison should have yielded to her and that his failure to do so caused the collision.

Bodison was taken by ambulance to an emergency room and was diagnosed with a fracture of his left leg's tibial plateau, which is a component of the left knee. His left leg was placed in an air cast, and he was discharged with instructions to follow up with a physician.

Bodison was later diagnosed with herniations of intervertebral discs C4-5 and L5-S1, a cervical strain and sprain, a left anterior cruciate ligament tear, and tears of the left medial and lateral menisci.

Following his discharge from the hospital, Bodison remained non-weight-bearing for three months. In March 2017, he started a course of physical therapy that consisted of massages and exercises. He underwent the physical therapy through July 2017. No further treatment was rendered.

Bodison's orthopedic surgeon opined that surgery to Bodison's knee is an option, but that it is unknown whether surgery would improve his condition.

Bodison testified that he continues to suffer pain in his neck, back and left knee. Although Bodison was retired at the time of the accident, he continued to perform side jobs in carpentry and painting. He claimed that he had to stop performing the side jobs due to his spinal and knee injuries. He noted that one of his sons had to assist with his activities of daily living during his recovery. Bodison testified that he also has trouble walking up and down stairs and walking for long periods.

Bodison sought damages for past and future pain and suffering.

The defense's expert in orthopedic surgery conceded that Bodison suffered a left tibial plateau fracture as a result of the accident but disputed his other injuries. The expert opined that Bodison's alleged cervical, lumbar and left knee complaints were not brought about by the accident, but were instead the result of pre-existing, degenerative conditions.

The jury found that Fullwood was liable for the accident and that her negligence was a factual cause of injury to Bodison. The jury determined that Bodison's damages totaled $240,000.

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