Moultrie v. Calvin

Defense verdict

Date of Verdict: Jan. 21.

Court and Case No.: C.P. Philadelphia No. 181203270.

Judge: Charles J. Cunningham III.

Type of Action: Motor vehicle.

Injuries: Neck injury.

Plaintiffs Counsel: Dominic A. Speziali, J. Fine Law Group.

Plaintiffs Expert: Bruce H. Grossinger, neurology, Eddystone.

Defense Counsel: Michael Benjamin Gerstein, Bennett, Bricklin & Saltzburg, Philadelphia.

Defense Expert: Andrew H. Shaer, radiology, Cherry Hill, New Jersey.

Comment:

On July 21, 2017, plaintiff Allyson Moultrie, 32, a teacher, was driving on Lincoln Drive, near its intersection at Johnson Street, in Northwest Philadelphia. When she reached the intersection, she stopped at a red traffic signal. Before she could resume travel, her car's rear end was struck by a trailing car that was being driven by Drew Calvin. Moultrie claimed that she suffered injuries of her neck.

Moultrie sued Calvin. The lawsuit alleged that Calvin was negligent in the operation of his vehicle.

Defense counsel conceded liability. The trial addressed damages.

Moultrie presented to an immediate care facility. She claimed that her back and her shoulders were painful, that she was suffering a headache, and that she had torn a fingernail. She underwent minor treatment.

Moultrie ultimately claimed that she suffered trauma that produced bulges of her C2-3 and C4-5 intervertebral discs and a protrusion of her C5-6 disc. She claimed that she developed residual impingement of a spinal nerve and resultant radiculopathy.

Moultrie immediately commenced a course of chiropractic treatment, which included massages and spinal manipulation. She underwent 29 sessions of treatment, and the treatment lasted until March 27, 2018.

Moultrie also underwent administration of two epidural injections of steroid-based painkillers. Her treatment concluded in May 2019.

Moultrie claimed that her neck remains painful. She claimed that she previously enjoyed jogging, but that the activity aggravates her pain. She also claimed that her pain prevents her tolerance of prolonged periods in which she is seated or standing. Moultrie's treating neurologist opined that Moultrie requires further treatment, including pain medication, estimated at $1,500 per year; physical therapy, estimated at $2,500 per year; and surgery, specifically a cervical fusion and laminectomy, estimated at $60,000.

Moultrie sought recovery of past medical expenses, future medical expenses, and damages for past and future pain and suffering.

Defense counsel contended that Moultrie did not suffer an injury related to the accident. The defense's expert radiologist opined that an MRI scan suggested that Moultrie suffered pre-existing injuries.

The jury rendered a defense verdict. It found that Calvin's negligence was not a factual cause of injury to Moultrie.

This report is based on information that was provided by plaintiffs and defense counsel.

—This report first appeared in VerdictSearch, an ALM publication