Bobo v. Gould

$151,300 Verdict

Date of Verdict: Oct. 10, 2019.

Court and Case No.: C,P, Philadelphia No. 180800631.

Judge: Charles J. Cunningham III.

Type of Action: Motor vehicle.

Injuries: Back injury.

Plaintiffs Counsel: Craig A. Falcone, Sacchetta & Falcone.

Plaintiffs Experts: Dennis W. Ivill, physical medicine, Darby,.

Defense Counsel: Alexandra C. Venters, Palmer & Barr, Willow Grove.

Defense Experts: Armando A. Mendez, orthopedic surgery, Ridley Park.

Comment:

On Aug. 17, 2016, plaintiff Angela Bobo, a home health aide in her mid-60s, was driving east on Providence Road at its intersection with Wycombe Avenue in Yeadon. The front of a sport utility vehicle struck the passenger's side of her car. The sport utility vehicle was driving south on Wycombe Avenue. Bobo claimed neck and back injuries.

Bobo sued the driver, Lela Gould. Bobo alleged that Gould was negligent in the operation of her vehicle. The intersection was controlled by a three-way stop sign. Bobo's counsel argued that Gould caused the collision by driving through her stop sign and into the side of Bobo's car.

The defense maintained that Bobo was contributorily negligent. Gould testified that after she came to a stop at her stop sign, she looked left and saw Bobo approximately five to eight car-lengths away from her stop sign, still approaching it. Gould, believing it was safe to enter the intersection, proceeded forward, at which time she struck Bobo's vehicle. Based on the timing, it was evident that Bobo drove through the stop sign and caused the collision, Gould's counsel contended.

Bobo was taken by ambulance to an emergency room and was examined and released. Bobo was ultimately diagnosed with chronic pain syndrome; herniations at cervical, thoracic and lumbar intervertebral discs C2-3, C3-4, C4-5, C5-6, C6-7, T12-L1, L1-2, L2-3, L3-4, L4-5 and L5-S1; cervical and lumbar radiculopathies; and strains and sprains of her cervical, thoracic and lumbar strain.

A week post-accident, in late August 2016, Bobo presented to a chiropractor. She complained of neck and back pain. Through February 2017 she treated with 46 sessions of chiropractic treatment; her treatment consisted of massage and spinal manipulation. From February 2017 to April 31, 2017, Bobo treated with a physiatrist. The doctor prescribed pain medication. Bobo received no further treatment.

Bobo's physiatrist causally related her injuries and treatment to the accident. The physician opined that Bobo suffered a serious impairment of a bodily function in her neck and back. Bobo testified that her ongoing neck and back pain caused her to become permanently disabled. She is unable to function as she did before, and she requires assistance from family members to help care for her mother, Bobo stated. She sought to recover a stipulated amount of $1,300 in medical costs; future lost earnings, as Bobo earned $25,000 annually as a home health aide; and damages for past and future pain and suffering.

The defense maintained that Bobo's alleged injuries and treatment were the result of her contributory negligence. The defense questioned the legitimacy of Bobo's injuries, since she was treating with pain medication for lumbar complaints at the time of the accident.

The defense's expert in orthopedic surgery, who examined Bobo, concluded that she suffered a cervical and thoracic strain and sprain from the accident, from which she made a full recovery. The expert testified that Bobo's MRIs showed significant pre-existing degeneration in her lumbar spine and hips which predated the accident, and that such degeneration was unaffected by the accident.

The jury found Bobo and Gould each 50 percent liable. Bobo was determined to receive $151,300, which was accordingly reduced to $75,650.

This report is based on information that was provided by defense counsel. Plaintiffs counsel did not respond to the reporter's phone calls.

—This report first appeared in VerdictSearch, an ALM publication