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Battle v. Southeastern Pennsylvania Transportation Authority

$20,000 Verdict

Date of Verdict: Dec. 12, 2019.

Court and Case No.: C.P. Philadelphia No. 180903327.

Judge: Linda A. Carpenter.

Type of Action: Motor vehicle.

Injuries: Back and neck injuries.

Plaintiffs Counsel: Gerald J. Martillotti, Jerry Martillotti & Associates.

Plaintiffs Expert: Geoffrey W. Temple, family medicine, Philadelphia.

Defense Counsel: Louis S. Flocco, SEPTA Legal Department, Philadelphia.

Defense Expert: Lee J. Harris, neurology, Abington.

Comment:

On Aug. 2, 2017, plaintiff Earnest Battle III, 27, approached his car, which was parked on Arch Street, in Philadelphia. Battle opened one of the car's doors, and the door was immediately struck by a passing transit bus. Battle claimed that he was tossed onto the left side of the bus, that he fell onto the roadway, and that he suffered injuries of his back and neck.

Battle sued the bus's operator, the Southeastern Pennsylvania Transportation Authority. The lawsuit alleged that the bus's driver was negligent in his or her operation of the bus. The lawsuit further alleged that the Southeastern Pennsylvania Transportation Authority was vicariously liable for the driver's actions.

Battle claimed that the bus's driver veered out of the bus's lane of travel while passing a double-parked vehicle and initiated contact with the open door.

Defense counsel contended that the bus's driver was slowly and carefully navigating around the doubled-parked vehicle. He presented video footage of the accident, recorded by the bus's interior surveillance camera, and he claimed that the footage established that Battle carelessly opened the car door and initiated the contact between the door and the bus.

Battle was retrieved by an ambulance, and he was transported to a hospital. He underwent X-rays and minor treatment.

Battle ultimately claimed that he suffered protrusions of his C3-4 and C4-5 intervertebral discs, that he suffered trauma that produced a bulge of his L3-4 disc, that the accident aggravated pre-existing bulges of his L4-5 and L5-S1 discs, and that the accident aggravated pre-existing degeneration of his spine's cervical and lumbar regions. He also claimed that he developed residual impingement of a spinal nerve and resultant radiculopathy that stemmed from his cervical region.

Battle quickly commenced a course of physical therapy. The treatment lasted until Nov. 20, 2017.

Battle claimed that his back and neck remain painful, that his pain prevents his tolerance of prolonged periods in which he is seated or standing, and that he has been advised to avoid lifting objects whose weight exceeds 10 pounds. He also claimed that he requires administration of epidural injections of steroid-based painkillers. He sought recovery of damages for past and future pain and suffering.

The defense's expert neurologist opined that Battle suffered nothing more than a transient aggravation of a chronic, pre-existing lumbar injury and that the injury should have resolved after a short course of treatment. The expert also opined that Battle does not require further treatment.

The jury found that the parties were equally liable for the accident. It determined that Battle's damages totaled $20,000, but the comparative-negligence reduction produced a net recovery of $10,000.

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.