Gillen v. Coryle

Defense Verdict

Date of Verdict: Nov. 1, 2019.

Court and Case No.: C.P. Allegheny No. GD-16-016043.

Judge: Philip A. Ignelzi.

Type of Action: Motor vehicle.

Injuries: Back injury.

Plaintiffs Counsel: Edward A. Shenderovich, Shenderovich, Shenderovich & Fishman, Pittsburgh.

Plaintiffs Expert: Derek J. Thomas, orthopedic surgery, Coraopolis.

Defense Counsel: Joseph A. Hudock Jr., Summers, McDonnell, Hudock, Guthrie & Rauch, Pittsburgh.

Defense Expert: Gerard J. Werries, orthopedic surgery, Pittsburgh.

Comment:

On Nov. 24, 2014, plaintiff Beth Gillen was a passenger in a car that was traveling on Interstate 376 in Pittsburgh. The rear of the passenger's side was struck by the front of a car. Gillen suffered a back injury.

Gillen sued Ryan Coryle, the driver of the vehicle that struck her car.

Prior to the collision, Coryle, driving in the right lane, was sideswiped on his driver's side by a phantom vehicle. The impact caused Coryle to lose control of his vehicle, veer to the right onto the berm and then re-enter the right lane, at which time he struck Gillen's sedan. Gillen's counsel argued that Coryle, after being struck by the phantom vehicle, should have been able to remain in the right lane, or should have stayed on the berm after being struck. The fact that he overcorrected and re-entered the right lane and struck Gillen's vehicle demonstrated that he was speeding at the time the phantom vehicle struck him, Gillen's counsel contended.

The defense maintained that Coryle was not liable for the accident. The defense argued that Coryle was driving within the speed limit or a little over it when the phantom vehicle struck his car; given the emergency situation, the defense stated, Coryle acted appropriately. The defense relied on the testimony of an eyewitness, who confirmed that a phantom vehicle struck Coryle's sedan.

Gillen was taken by ambulance to an emergency room where she complained of pain in her chest, right hip and pelvis. She was examined and released.

Gillen was ultimately diagnosed with a herniation at lumbar intervertebral disc L2-3. On Dec. 4, 2014, a week and a half after the accident, Gillen presented to an emergency room with complaints of pain in her neck and abdomen. She was given medication and discharged. On Feb. 17, 2015, Gillen presented to an emergency room; she complained of back pain. On March 9 she returned to an emergency room with persisting back pain; she was given steroid medication. On March 27 she came under the care of a physician who, via MRI, diagnosed her with a lumbar herniation.

That same year, on May 7, Gillen underwent a fusion at L2-3.

The jury did not hear about Gillen's injuries and treatment, since the parties agreed to try the case on liability only. Pursuant to the agreement, if the jury had found that Coryle was negligent, Gillen would have received $100,000, the amount of Coryle's policy.

The jury rendered a defense verdict. It found that Coryle was not negligent.

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