Cogar v. Rife

$8,275 Verdict

Date of Verdict: Nov. 19, 2019.

Court and Case No.: C.P. York No. 2016-SU-001560-69.

Judge: Clyde Vedder.

Type of Action: Motor vehicle.

Injuries: Arm, leg and back injuries.

Plaintiffs Counsel: Timothy L. Salvatore, KBG Injury Law.

Plaintiffs Experts: Amit R. Patel, orthopedic surgery, York; Michelle L. Moore, life care planning, McMurray.

Defense Counsel: Seth T. Black, Summers, McDonnell, Hudock, Guthrie & Rauch, Harrisburg.

Defense Expert: William W. DeMuth, orthopedic surgery, Camp Hill.

Comment:

On June 17, 2014, plaintiff Trevor Cogar, 21, a land surveyor, was motorcycling north on South Main Street, near its intersection at Constitution Avenue, in Spring Grove. While Cogar was proceeding through the intersection, he struck the right side of a car that was being driven by Cynthia Rife, who was executing a left turn onto the eastbound side of Constitution Avenue, from the opposite side of South Main Street. Cogar was propelled off of his motorcycle, and he suffered injuries of his back and his head.

Cogar sued Rife. The lawsuit alleged that Rife was negligent in the operation of her vehicle.

Cogar's counsel argued that Rife caused the accident by failing to yield to Cogar, who had the right of way.

Rife testified that she assured a clear, safe distance before she attempted to start her turn, and that as she turned, Cogar struck her vehicle. The defense argued that Cogar's failure to yield to Rife caused the collision.

Cogar was taken by ambulance to an emergency room. He underwent X-rays, which were negative, and he was treated for abrasions of his arms and legs. He was then released.

Cogar was ultimately diagnosed with a concussion, a mild traumatic brain injury, strains and sprains of his thoracic and lumbar regions, and an aggravation of pre-existing lumbar spondylolisthesis.

On June 23, 2014, six days after the accident, Cogar presented to an orthopedic surgeon. He had complaints of headaches and pain in his back. He was given pain medication and was referred for MRIs and to a pain management specialist. He continued to see an orthopedist in the following months, and on Aug. 4, 2014, he began a course of physical therapy, which he underwent for more than two weeks, through Aug. 20. His treatment consisted of massages and exercises.

Cogar received no further treatment until July 2015, when he returned to his orthopedist with complaints of lower back pain. He was prescribed pain medication and given stretching and strengthening exercises to perform at home. On Sept. 9, 2015, Cogar presented to a chiropractor, with whom he treated through Oct. 12, 2015. His treatment consisted of massages. Cogar received no further treatment.

Cogar's orthopedic surgeon recommended that Cogar receive future treatment, including examinations, pain injections, imaging studies and a lumbar fusion.

Cogar claimed that he suffers ongoing back pain. He testified that he is not as physically active, and as a result he has gained weight. He sought to recover $2,850 in stipulated past medical costs, $34,760 in future medical costs and $2,925 in stipulated past lost earnings, plus damages for past and future pain and suffering.

The defense's expert in orthopedic surgery, who examined Cogar, conceded that Cogar suffered a concussion and strains and sprains from the accident, but disputed that any aggravation of a pre-existing condition occurred. The expert concluded that Cogar does not require any future treatment.

The jury found that Rife was liable for the accident. It determined that Cogar's damages totaled $8,275.

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