Furgess-Grant v. Ellison

$45,000 Verdict

Date of Verdict: Dec. 11, 2019.

Court and Case No.: C.P. Philadelphia No. 180702911.

Judge: Charles J. Cunningham III.

Type of Action: Motor vehicle.

Injuries: Back and neck injuries.

Plaintiffs Counsel: Alexander M. Kroupa, Bishop, Dorfman, Kroupa & Bishop, Philadelphia.

Plaintiffs Expert: Onyeama O. Anakwe, family medicine, Philadelphia.

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

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

Comment:

On Nov. 12, 2016, plaintiff Astley Furgess-Grant, 19, was driving on Park Avenue, near its intersection at Chew Avenue, in North Philadelphia. While he was proceeding through the intersection, his car's left side was struck by a car that was being driven by James Ellison, who was traveling on Chew Avenue. Furgess-Grant claimed that he suffered injuries of his back and neck.

Furgess-Grant sued Ellison. The lawsuit alleged that Ellison was negligent in the operation of his vehicle. Furgess-Grant claimed that Ellison ignored a stop sign that governed his entrance to the intersection.

During court-mandated arbitration, Furgess-Grant was determined to receive 30,846.58, which Ellison appealed.

Defense counsel conceded liability. The trial addressed whether Furgess-Grant suffered a serious impairment of a bodily function.

Three days after the accident, Furgess-Grant presented to his family doctor, complaining of pain in his neck and lower back. He was referred to a chiropractor.

Furgess-Grant was ultimately diagnosed with herniations of his C4-5 and C5-6 intervertebral discs and with bulging at C3-4, L4-5 and L5-S1. For the next 10 months, Furgess-Grant treated with a brief course of chiropractic care that consisted of massages and spinal manipulation, and he then treated with physical therapy that consisted of massages and exercises. He also treated with a pain management doctor, who administered a trigger-point injection to his cervical spine and prescribed pain medication. At the time of trial, Furgess-Grant continued to treat with pain medication.

Furgess-Grant testified that he continues to suffer neck pain. He contended that this disrupts his sleep and prevents him from maintaining a full-time job, as well as from interacting in social settings. Furgess-Grant stated that he has not been pain-free since the day of the accident. He sought damages for past and future pain and suffering.

The defense's expert in radiology testified that there was no pathology on Furgess-Grant's MRIs, including the presence of herniations or bulging.

The defense argued that any injury Furgess-Grant sustained would have been strains and sprains, which later resolved, and that he did not suffer a serious impairment of a bodily function.

The jury found that Ellison's negligence was a factual cause of injury to Furgess-Grant, and that Furgess-Grant suffered a serious impairment of a bodily function. Furgess-Grant was determined to receive $45,000.

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