Boywa v. Lawrence

$72,000 Verdict

Date of Verdict: Feb. 19.

Court and Case No.: C.P. Montgomery No. 2017-17662.

Judge: Richard P. Haaz.

Type of Action: Motor vehicle.

Injuries: Head, neck, lower back injuries.

Plaintiffs Counsel: Erik P. Snyder, Snyder Law Group.

Plaintiffs Expert: William C. Murphy, physical medicine; Media.

Defense Counsel: Alphonso H. Ibrahim, Styliades, Mezzanotte & Hasson, Philadelphia.

Defense Expert: Marc Manzione, orthopedic surgery, Huntingdon Valley.

Comment:

On Feb. 10, 2016, plaintiff Loice Boywa, 31, a certified nursing assistant, was driving on Cowpath Road in Hatfield. The front passenger's side of a car struck the front driver's side quarter panel of her car. The impact pushed her off the road and into a tree. Boywa claimed injuries to her head, neck and lower back.

Boywa sued the driver of the other car, Carol Lawrence. She alleged that Lawrence was negligent in the operation of a vehicle. Prior to the accident, Lawrence was exiting her driveway, attempting to turn left onto Cowpath Road. A driver to her left had stopped and waved her through; after Lawrence crossed the first lane, she attempted to enter the other lane of travel and struck Boywa's vehicle. Boywa's counsel argued that Lawrence was negligent for entering Boywa's lane of travel when it was unsafe to do so.

The defense did not stipulate to liability.

Boywa was taken by ambulance to an emergency room and was treated for a burn on her right forearm as a result of the airbag deployment. Within days of the Feb. 10, 2016, accident, Boywa presented to her family doctor with complaints of headaches and of pain in her neck and back. She was diagnosed with a concussion and strains and sprains to her cervical, thoracic and lumbar spine.

Boywa underwent two months of physical therapy and chiropractic treatment; her treatment included massage, exercise and spinal manipulation. After two months of treating, she went to Kenya, her birth country, for a short period of time before returning to the United States. Upon her return, she saw a neurologist on one occasion for her concussionlike symptoms, which included headaches and memory loss, and a plastic surgeon one time for her forearm burn. She also underwent a few weeks of chiropractic treatment; she received no further treatment thereafter.

Boywa's expert in physical medicine causally related her injuries and treatment to the accident. According to the expert, Boywa requires future lifetime treatment, including physical therapy and injections in her neck and back.

Boywa testified that her ongoing pain prevented her from continuing her physically demanding job as a certified nursing assistant for a nursing home, in which she was responsible for getting 20 to 30 patients out of bed each day. Following the accident, she was able to transition to a less physically demanding job as a hospice nurse, in which she cared for fewer patients. Boywa testified as to how she continues to suffer from memory problems; this has forced her to write down things and to work with her husband in a routine so that she is able to remember things. According to Boywa, she can no longer garden—a hobby she valued, having grown up in Kenya —and she is unable to swim with her children. Additionally, her self-consciousness about her forearm scar forces her to wear long sleeves. She sought to recover $300,000 in future medical costs, plus damages for past and future pain and suffering. Her husband sought damages for his claim for loss of consortium.

The defense's expert in orthopedic surgery testified that Boywa suffered soft-tissue strains and sprains that would have resolved within weeks of the accident. The expert testified that Boywa does not require future treatment.

The jury found that Lawrence was negligent and her negligence was a factual cause of injury to Boywa. Boywa was determined to receive $72,000.

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