Cummings v. Thomas

Defense Verdict

Date of Verdict: July 16.

Court and Case No.: C.P. Chester No. 2017-06757.

Judge: Mark L. Tunnell.

Type of Action: Motor vehicle.

Injuries: Arm, back, neck injuries.

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

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

Defense Counsel: K. Reed Haywood, Palmer & Barr, Philadelphia.

Defense Expert: Laurence R. Wolf, orthopedic surgery, Wynnewood.

Comment:

On Dec. 13, 2015, plaintiff Anthony Cummings, a man in his mid-50s, was driving in a parking lot in Kennett Square. His wife, plaintiff Tanya Curtis, a woman in her 50s, was a passenger.

Cummings claimed that his sport utility vehicle was rear-ended by a car that was being driven by Kevin Thomas. Cummings claimed that he suffered injuries of his back, a knee and his neck. Curtis claimed that she suffered injuries of her back and neck.

Cummings and Curtis sued Thomas. They alleged that Thomas was negligent in the operation of his vehicle.

Cummings and Curtis testified that they were traveling through the parking lot when they stopped at a stop sign, at which point they were struck by Thomas' car. Their counsel contended that Thomas was negligent for failing to keep a proper lookout and failing to maintain a safe following distance. Plaintiffs counsel cited photographs of the couple's SUV, which had scratches on the rear bumper. Counsel claimed that the scratches were from the impact with Thomas' car.

Thomas testified that he was not sure whether he struck Cummings' vehicle. He stated that he had come to a stop behind the SUV when Cummings exited the vehicle and approached him, alleging that Thomas had rear-ended him. The defense contended that any contact with Cummings' vehicle would have been minimal.

A few days after the accident, Cummings and Curtis presented to an emergency room. They were examined and released.

Cummings was ultimately diagnosed with an aggravation of degenerative joint disease in his left knee, a cervical strain and sprain, and protrusions of his L2-3, L3-4 and L5-S1 intervertebral discs.

Within days of his emergency room visit, Cummings presented to an orthopedist. He had complaints of pain in his neck, back and left knee. He underwent MRIs and was diagnosed with the aforementioned injuries.

Cummings was put on a course of chiropractic care, which lasted through June 2016. His treatment consisted of massages and spinal manipulation.

Following the completion of his chiropractic treatment, Cummings consulted with orthopedists for the remainder of the year and through 2017. It was determined that he required knee replacement, which was performed on Oct. 27, 2017.

From Nov. 16, 2017, to Feb. 6, 2018, Cummings underwent physical therapy. No further treatment was administered.

Cummings' orthopedist opined that Cummings suffered serious impairment of a bodily function in his left knee and lumbar region.

Cummings testified that he continues to suffer pain in his left knee and lower back. He stated that he is no longer able to perform certain physical activities, including riding a motorcycle, due to his knee and back injuries.

Cummings sought damages for past and future pain and suffering.

Curtis was ultimately diagnosed with protrusions of her C2-3, C3-4, C4-5, C5-6, C6-7, L2-3, L3-4 and L4-5 discs; strains and sprains of the cervical, thoracic and lumbar regions; and cervical radiculopathy.

Within days of the accident, Curtis presented to an orthopedist, who confirmed her injuries. In addition to the neck and back pain, Curtis alleged numbness and tingling in her arms. Curtis was put on a course of physical therapy, which lasted through June 27, 2016. Her treatment consisted of massages and exercises.

During her course of treatment, Curtis consulted with a neurosurgeon, who administered a series of trigger-point injections to her lumbar spine. No further treatment was rendered. Curtis' orthopedist opined that Curtis suffered serious impairment of a bodily function in her cervical and lumbar spine.

Curtis testified that her ongoing neck and lower back pain, coupled with numbness and tingling in her arms, has significantly impaired her quality of living. Allegedly, she can no longer dance and has difficulty participating in her church activities and performing household chores, including vacuuming and cooking. Curtis stated that she is unable to stand or sit for long periods and that she has difficulty caring for her small dog.

Curtis sought damages for past and future pain and suffering.

The defense maintained that, if there was a collision between the parties' vehicles, it was minimal and could not have caused Cummings and Curtis' alleged injuries. The defense also questioned Cummings' credibility, as he was involved in a motorcycle accident in the fall of 2018, despite his claim that he could no longer ride a motorcycle as a result of the alleged collision with Thomas.

The defense's expert orthopedist testified that Cummings had extensive degenerative joint disease in his left knee, which was unaffected by any alleged trauma from the accident. The expert stated that Cummings had a long-standing pre-existing, degenerative condition in his spine and, at most, suffered temporary strains and sprains from the accident.

The jury rendered a defense verdict. It found that Thomas was negligent, but that his negligence was not a factual cause of injury to Cummings and Curtis.

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