Kanyuck v. Progressive Casualty Insurance

$1.05M Verdict

Date of Verdict: Dec. 11, 2019.

Court and Case No.: C.P. Monroe No. No. 83CV2018.

Judge: David Williamson.

Type of Action: Motor vehicle.

Injuries: Leg, pelvis fractures.

Plaintiffs Counsel: Thomas J. Foley III and Michael J. Foley, Foley Law Firm.

Plaintiffs Experts: Scott E. Sexton, orthopedic surgery, Allentown; Andrew C. Verzilli, economics, Lansdale; William R. Prebola Jr., physical medicine, Wilkes-Barre; Patricia A. Chilleri, vocational rehabilitation, Kingston.

Defense Counsel: G. Christopher Parrish, Forry | Ullman Attorneys at Law, Bethlehem.

Defense Experts: P. Christopher Metzger, orthopedic surgery, Dickson City; John W. Dieckman, vocational rehabilitation.

Comment:

On April 4, 2017, plaintiff Stanley Kanyuck, 43, a security guard, and his father, plaintiff Stephen Kanyuck, 72, were exiting their vehicle in a parking lot in Bethlehem. A sport utility vehicle crashed into a shopping cart corral and into other vehicles, pinning the Kanyucks in their vehicle. Stanley Kanyuck suffered pelvis fractures; Stephen Kanyuck suffered leg fractures. The Kanyucks settled with the driver's insurer for $225,000, from a policy that provided $250,000 of coverage.

The Kanyucks sued their insurer, Progressive Casualty Insurance Co. They sought to recover their underinsured-motorist policy of $325,000.

During the early stages of the trial, Stephen Kanyuck settled with Progressive for $250,000. Progressive stipulated to liability, and the case was tried on the issues of Stanley Kanyuck's alleged injuries and damages.

Stanley Kanyuck was taken by ambulance to a hospital and was admitted. He was diagnosed with four nondisplaced fractures and one minimally displaced fracture of his pelvis. Kanyuck was immobilized and remained hospitalized for five days, through April 9, 2017. He was then transferred to a rehabilitation facility and treated on an inpatient basis, through April 22.

Upon discharge, Kanyuck came under the care of an orthopedic surgeon and treated with extensive physical therapy. At the time of trial, Kanyuck treated with a pain management doctor who prescribed medical marijuana. Kanyuck saw his orthopedic surgeon intermittently. Kanyuck's experts in orthopedic surgery and physical medicine testified that Kanyuck suffered a permanent injury to his pelvis due to the accident, and that he is at risk for developing arthritis in his pelvis and hips. The experts opined that Kanyuck requires indefinite pain management. Kanyuck's expert in vocational rehabilitation testified that Kanyuck had a 50% loss of earning capacity as a result of his injury. The expert noted that Kanyuck earned$23,000 annually as a security guard, after having worked in the position for 11 years.

Kanyuck testified that he has constant pelvic pain and has to walk with a cane. In addition to not being able to work, he contended, he is limited in his activities of daily living and spends his days at home. Kanyuck sought to recover approximately $140,000 in future medical costs, in excess of $400,000 in future lost earning capacity, and damages for past and future pain and suffering.

The defense's expert in orthopedic surgery testified that Kanyuck's factures would have healed within 12 weeks of the accident. Kanyuck would not need any future treatment unless he developed hip arthritis, which he thought was unlikely, the expert opined.

The defense's expert in vocational rehabilitation testified that Kanyuck was physically capable of employment and could work in a number of positions. According to the expert, Kanyuck could perform jobs of clerks and receptionists with annual earnings of $27,550; tellers with annual earnings of $28,210; customer service representatives with annual earnings of $34,140; and billing and posting clerks with annual earnings of $36,000.

The expert also noted that Kanyuck earned an associate's degree in computers in 2003 and that he has an understanding of technology. Both were factors in favor of him gaining new employment.

Kanyuck's counsel argued that Kanyuck's 2003 degree in computers has no value, because technology had changed rapidly in the past 16 years.

The jury found that the underlying tortfeasor's negligence was a factual cause of injury to Kanyuck. He was determined to receive $1.05 million.

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