Brown v. Bentley

$67,000 Verdict

Date of Verdict: Aug. 16.

Court and Case No.: C.P. Philadelphia No. 180701808.

Judge: Linda A. Carpenter.

Type of Action: Motor vehicle.

Injuries: Herniated disc.

Plaintiffs Counsel: Michael J. Pajak, Kwartler Manus, Philadelphia.

Plaintiffs Expert: Jon M. Panucci, chiropractic, Paoli.

Defense Counsel: James P. Tolerico, Robert J. Casey Jr. & Associates, Philadelphia.

Defense Expert: Andrew H. Shaer, radiology, Jenkintown.

Comment:

On Nov. 19, 2016, plaintiff Rafik Brown, 29, a parking lot's attendant, was struck by a sport utility vehicle. The incident occurred while Brown was working in a parking lot that was located at 1720 Rittenhouse Square, in Philadelphia. The SUV's driver, Nicholas Bentley, was reversing out of a parking space. Brown claimed that he suffered injuries of his back, a hip and a knee.

Brown sued Bentley and the owner of Bentley's vehicle, Amy Lipton. The lawsuit alleged that Bentley was negligent in the operation of his vehicle. The lawsuit further alleged that Lipton was vicariously liable for Bentley's actions.

Lipton was dismissed. The matter proceeded to a trial against Bentley.

Brown's counsel faulted Bentley for causing the accident. Bentley exited the parking space by extending his head out of a window and looking backward as he put his vehicle in reverse. He admitted that he did not rely on any of the vehicle's sensors or its rear-view camera.

The defense maintained that Brown was negligent. As a parking lot's attendant, Brown was responsible for being attentive when vehicles were entering and exiting spaces and he failed in that duty, the defense contended.

Upon being struck by Bentley's vehicle, Brown stumbled into another vehicle. During the day after the accident, he presented to an emergency room with complaints of pain in his lower back, left hip and left knee. He underwent X-rays, which were negative, and was diagnosed with contusions of the hip and knee.

Brown was ultimately diagnosed with a lumbar strain and sprain, a herniation of intervertebral disc L5-S1, and radiculopathy at that site, which he claimed caused tingling and pain radiating to his legs.

A week after the accident, Brown presented to a chiropractor, with whom he treated through March 2017. His treatment consisted of massages and spinal manipulation. During that time, he underwent an MRI and electromyography. No further treatment was rendered.

Brown's chiropractor opined that Brown's herniation is a lifelong, permanent injury.

Brown testified that he made a good recovery but experiences flare-ups in his back at least three times a month. He claimed that he also experiences pain at his job, since he is required to stand for most of his shift. He also discussed difficulty holding his 5-month-old daughter and being the caretaker of his grandmother, which requires him to mow her lawn, carry her groceries and help her with most activities of daily living.

Brown sought to recover $17,000 in medical costs, plus damages for past and future pain and suffering.

The defense contended that Brown achieved a good recovery.

The defense's expert in radiology opined that Brown's MRI showed an L5-S1 herniation that existed one to two months prior to the accident.

The jury found that Bentley was liable for the accident and that his negligence was a factual cause of harm to Brown. The jury determined that Brown's damages totaled $67,000.

Defense counsel has filed a motion for remittitur, or, in the alternative, a new trial.

This report is based on information that was provided by plaintiffs and defense counsel.

—This report first appeared in VerdictSearch, an ALM publication