Escalante v. State Farm Insurance

$800,000 Verdict

Date of Verdict: Nov. 19, 2019.

Court and Case No.: C.P. Monroe No. 20183746.

Judge: Jennifer H. Sibum.

Type of Action: Motor vehicle.

Injuries: Neck inury.

Plaintiffs Counsel: Kevin P. Foley, Foley Law Firm, Stroudsburg.

Plaintiffs Experts: Dong H. Ko, pain management, Allentown;  Allister R. Williams, orthopedic surgery, East Stroudsburg.

Defense Counsel: Jennifer L. LeVan; Forry|Ullman, Bethlehem.

Defense Expert: Robert B. Grob, orthopedic surgery, Lehighton.

Comment:

On May 20, 2014, plaintiff Lorraine Escalante was driving on Route 196, in Coolbaugh Township. She was involved in a head-on collision with another car. She claimed that she also suffered an injury of her neck.

Escalante subsequently settled with the driver's insurer; the insurer agreed to tender its policy limit, which provided $15,000 of coverage.

Escalante sued her insurer, State Farm Insurance Co. She sought to recover her policy, which provided $125,000 of coverage.

State Farm stipulated to liability, and the case was tried on the issues of causation and damages.

Escalante was taken by ambulance to an emergency room. She was ultimately diagnosed with a herniation of her C5-6 intervertebral disc. Following the accident, Escalante came under the care of an orthopedic surgeon and a pain management physician. For the next five years, Escalante treated intermittently with physical therapy, chiropractic care and epidural injections in her neck. At the time of trial, she continued to treat with pain medication.

Escalante's pain management doctor and orthopedic surgeon determined that Escalante suffered a permanent injury and that she requires a fusion and discectomy to repair the herniation.

Escalante sought damages for future medical expenses and past and future pain and suffering. Her husband sought damages for his claim for loss of consortium.

The defense's expert in orthopedic surgery testified that Escalante's MRI showed pre-existing, degenerative pathology, and that her complaints and treatment were solely due to her pre-accident condition. The expert concluded that Escalante does not require a fusion and discectomy.

The jury determined that the plaintiffs' damages totaled $800,000. The defense has moved for a new trial, or in the alternative, to have the verdict molded to the $125,000 policy.

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