Pfaff v. Rupert

Defense Verdict

Date of Verdict: Sept. 6.

Court and Case No.: C.P. Allegheny No. GD-16-024778.

Judge: John T. McVay Jr.

Type of Action: Motor vehicle.

Injuries: Shoulder injury.

Plaintiffs Counsel: Ryan M. Flaherty, Simon & Simon.

Plaintiffs Expert: Lance O. Yarus, orthopedic surgery, Philadelphia.

Defense Counsel: Michael E. Lang; Margolis Edelstein, Beaver.

Defense Expert: Steven E. Kann, orthopedic surgery, Pittsburgh.

Comment:

On May 26, 2016, plaintiff Lillian Pfaff, 84, was driving on Freeport Road, in Pittsburgh. While she was stopped at a red traffic signal, her car's rear end was struck by a trailing car that was being driven by Jordan Rupert. Pfaff claimed that she suffered injuries of her shoulders.

Pfaff sued Rupert and his vehicle's owner, Gregory Rupert. The lawsuit alleged that Jordan Rupert was negligent in the operation of his vehicle. The lawsuit further alleged that Gregory Rupert was vicariously liable for Jordan Rupert's actions.

Plaintiff's counsel discontinued the claim against Gregory Rupert, and defense counsel conceded Jordan Rupert's liability. The trial addressed damages against Jordan Rupert.

Pfaff was retrieved by an ambulance, and she was transported to a hospital. She underwent diagnostic studies and was diagnosed with a closed head injury, a neck sprain and a contusion of her right knee.

Pfaff claimed that the accident also aggravated a pre-existing arthritic condition of each shoulder.

Pfaff quickly commenced a course of chiropractic manipulation. The treatment continued through September 2016. On Sept. 20, 2017, Pfaff underwent replacement of her right shoulder. On April 11, 2018, she underwent replacement of her left shoulder. Following her first surgery, Pfaff received nursing home care through Oct. 14, 2017, and after her second surgery she received the same care through April 27, 2018.

Pfaff's expert orthopedist opined that Pfaff suffers permanent weakness, pain and limited range of motion in her shoulders. Pfaff testified that her ongoing shoulder pain and weakness make it difficult for her to perform activities of daily living, especially any activity that requires overhead reaching. She sought to recover $15,255.49 in past medical costs, plus damages for past and future pain and suffering.

The defense questioned Pfaff's shoulder injuries by arguing that at the emergency room on the day of the accident, Piaff made no complaints about shoulder pain. The defense cited Pfaff 's medical records to argue that she had a significant medical history that included problems with her shoulders. Two months prior to the accident, Pfaff saw a chiropractor. The chiropractor documented that Piaff had complaints of "major bilateral shoulder pain," the defense asserted. The defense's expert orthopedist, who examined Pfaff, testified that the accident did not cause or contribute to her shoulder-replacement surgeries. At most, she sustained minor soft-tissue injures of her neck and back that were not severe or serious, the expert concluded.

The jury found that Rupert's negligence was not a factual case in bringing about injury to Pfaff.

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