Christman v. Francois

$96,500 Settlement

Date of Settlement: Nov. 1, 2019.

Court and Case No.: C.P. Lehigh No. 2018C2145.

Judge: Douglas G. Reichley.

Type of Action: Motor vehicle.

Injuries: Shoulder, back, rib injuries.

Plaintiffs Counsel: Erik J. Conrad, Thomas, Conrad & Conrad Law Offices.

Defense Counsel: C. Theresa Barone, Law Offices of Kenneth S. O'Neill, Allentown.

Defense Expert: Allister R. Williams, orthopedic surgery, East Stroudsburg.

Comment:

On Nov. 3, 2017, plaintiff Willard Christman, in his early 60s, was driving on Kressler Road in Allentown. The front of a car struck the passenger's side of his sedan. The car was attempting to turn onto Kressler Road from an alleyway Christman claimed a shoulder injury. His wife/passenger, plaintiff Nancy Christman, a hospital assistant in her early 60s, suffered fractures of her back and ribs.

The Christmans sued the driver, Denise Francois. They alleged that she was negligent in the operation of a vehicle.

Nancy Christman was taken by ambulance to an emergency room. She was admitted and diagnosed with fractures at the T6 and T8 vertebrae, and fractures of right-sided ribs three, four, five, six and seven. She was immobilized and monitored through Nov. 7, 2017, five days, at which time she was discharged home. Willard Christman was diagnosed with a strain and sprain of his right shoulder.

For the next couple of weeks, Nancy Christman recovered at home. She used a walker. Over the course of two and a half months she had consultations with her family physician. Her fractures later healed, and she received no further treatment.

Nancy Christman claimed that she continues to experience back pain. She contended that it makes it difficult for her to bend over, to lift heavy objects and to perform certain movements. She alleged that she experiences pain performing her job duties assisting patients at a hospital. She sought damages for past and future pain and suffering.

Following the accident, Willard Christman saw his family doctor on one occasion. His shoulder pain later resolved. He sought damages for past pain and suffering.

In his report, the defense's expert in orthopedic surgery acknowledged Nancy Christman's injuries and opined that she should have made a full recovery within 90 days of the accident. Any ongoing complaints are the result of preexisting degenerative changes in her thoracic spine, the expert concluded.

The parties negotiated a pretrial settlement. Francois' insurer agreed to pay $95,000 to Nancy Christman and $1,500 to Willard Christman, from a policy that provided $100,000 of coverage.

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