McCabe v. Spear

$12,000 Verdict

Date of Verdict: Jan. 16.

Court and Case No.: C.P. Philadelphia No. 180800578.

Judge: Lori A. Dumas.

Type of Action: Motor vehicle.

Injuries: Ear and foot injuries.

Plaintiffs Counsel: Norman W. Briggs, Briggs Law Office.

Plaintiffs Expert: Aaron L. Shapiro, otolaryngology, Bryn Mawr.

Defense Counsel: Warren D. Holland, Goldberg, Miller & Rubin, Philadelphia.

Comment:

On April 6, 2018, plaintiff Marie McCabe, a woman in her mid-90s, was struck by, or collided with, a car. The incident occurred in a crosswalk of Sixth Street, alongside its intersection at Washington Square, in Center City. McCabe fell onto the roadway, and she claimed that she suffered injuries of an ear and a foot.

McCabe sued the vehicle's driver, Nina Spear. The lawsuit alleged that Spear was negligent in the operation of her vehicle.

McCabe claimed that she was struck by Spear's car. McCabe's counsel argued that Spear failed to stop properly at a stop sign and, by failing to do so, drove into the intersection and struck McCabe.

Spear testified that she properly stopped at the stop sign and ensured a clear and safe distance, and that as she proceeded into the intersection, McCabe appeared out of nowhere and walked into the side of her car. The defense relied on an eyewitness, who also testified that McCabe had come out of nowhere. The defense argued that McCabe failed to yield to Spear, who had the right of way.

McCabe was taken by ambulance to a hospital. She was diagnosed with a Lisfranc fracture in the middle of her right foot. She was later diagnosed with hearing loss in her right ear.

McCabe's right foot was placed in a walking boot, and she was hospitalized until April 11, 2018. During her hospitalization, she received physical therapy. Upon discharge, McCabe came under the care of a podiatrist and temporarily used a walker. She was later fitted with orthotics. McCabe further treated with an otolaryngologist for her alleged hearing loss. It was recommended that she get a hearing aid, but McCabe declined. She received no further treatment.

McCabe's podiatrist testified that, considering McCabe's advanced age, she made a good recovery from her foot fracture.

McCabe's otolaryngologist opined that when McCabe hit the back of her head, upon falling to the ground after being struck by Spear's car, it caused her to suffer permanent hearing loss in her right ear.

McCabe testified that, despite her age, she was an active individual who lived independently. However, following the accident she suffered hearing loss and experienced apprehension when crossing the street. Her daughter testified that she had to help McCabe in the days following her discharge from the hospital and that her mother is not the same as she was prior to the accident. The elder McCabe sought damages for past and future pain and suffering.

The defense maintained that McCabe made a good recovery from her foot fracture, as confirmed by her podiatrist. The defense questioned the legitimacy of McCabe's claim of hearing loss, since her medical records indicated that she had hearing loss for years prior to the accident.

The jury found McCabe and Spear each 50 percent liable for the accident. McCabe was determined to receive $12,000, which was accordingly reduced to $6,000.

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