Modafferi v. Morrison

$10,000 Verdict

Date of Verdict: Oct. 29, 2019.

Court and Case No.: C.P. Bucks No. 2016-02913.

Judge: C. Theodore Fritsch Jr.

Type of Action: Motor vehicle.

Injuries: Shoulder, hip and leg injuries.

Plaintiffs Counsel: Larissa K. Staszkiw, Swartz Culleton.

Plaintiffs Expert: Bruce J. Menkowitz, orthopedic surgery, East Norriton.

Defense Counsel: Jason M. Harmon, Bennett Bricklin & Saltzburg, Blue Bell.

Defense Expert: David E. Reinhardt, orthopedic surgery, Huntingdon Valley.

Comment:

On Aug. 31, 2015, plaintiff Thomas Modafferi, 58, a high school football coach, was riding his motorcycle on Lower Mountain Road in New Hope. He laid down his bike. Modafferi claimed that a vehicle exited a driveway and drove into the road, which forced him to lay down his motorcycle to avoid striking the vehicle. He claimed injuries to his shoulder, hip and leg. Modafferi sued the vehicle's driver, Charlotte Morrison. Modafferi alleged that she was negligent in the operation of a vehicle. Modafferi's counsel argued that Morrison was negligent for exiting her driveway improperly and for failing to yield to Modafferi, who had the right of way.

The defense maintained that Modafferi was contributorily negligent, as there was no reason for him to lay down his motorcycle. Morrison testified that she was backing up and had stopped at the end of her driveway in response to Modafferi. She stated that she did not enter the road and that Modafferi laid down his bike on his own accord. The defense relied on the testimony of the responding police officer, who said that Modafferi told him that he thought Morrison was going to pull out of her driveway, prompting him to take evasive measures. However, Modafferi admitted to the officer that Morrison did not leave her driveway, the defense asserted.

Modafferi was taken by ambulance to an emergency room. He was diagnosed with a facial laceration and abrasions to his face, right shoulder and right leg. He was treated and released.

Modafferi was ultimately diagnosed with a tear of his right iliotibial band. Within a week of the accident, Modafferi presented to rehabilitation facility; he complained of pain in his right hip. He came under the care of an orthopedic surgeon, who, via an MRI, diagnosed an iliotibial band tear. For the next six months, Modafferi treated with regular physical therapy, which consisted of massage and exercise. Following the treatment, and through February 2017—a year and a half after the accident—Modafferi treated with periodic physical therapy, consulted his orthopedic surgeon and received a series of cortisone injections in his right hip. He received no further treatment.

Modafferi's orthopedic surgeon testified that the accident caused him to suffer a tear of his iliotibial band, and that he will require future physical therapy if his condition flares up. The physician determined that Modafferi suffered a permanent injury.

Modafferi testified that he continues to suffer from pain in his right hip, and that he is no longer as physically active, as he is unable to stand for long periods. Modafferi sought damages for past and future pain and suffering. His wife sought damages for her claim for loss of consortium.

The defense maintained that Modafferi was solely liable for his injuries. The defense's expert in orthopedic surgery, who examined Modafferi, testified that Modafferi made a full recovery from his injuries and that he had no ongoing limitations. The expert based his opinion on an MRI, taken sometime post-accident, showing that Modafferi's iliotibial band had healed fully.

The jury found that Morrison was negligent and her negligence was a factual cause of injury to Modafferi. Modafferi was determined to receive $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 on VerdictSearch, an ALM publication