Reeves v. Miley

Defense Verdict

Date of Verdict: Jan. 7.

Court and Case No.: C.P. Philadelphia No. 180600593.

Judge: Lori A. Dumas.

Type of Action: Motor vehicle.

Injuries: Back injury.

Plaintiffs Counsel: Jason E. Fine, J Fine Law, Philadelphia.

Plaintiffs Expert: David A. Lenrow, physical medicine; Philadelphia.

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

Defense Expert: Ryan K. Lee, radiology, Philadelphia.

Comment:

On July 13, 2016, plaintiff April Reeves, 48, was driving on Walnut Street, near its intersection at 51st Street, in West Philadelphia. While her car was stopped, its rear end was struck by a trailing vehicle that was being driven by an uninsured motorist, Shanae Miley. Reeves claimed that she suffered injuries of her back and neck.

Reeves sued Miley. The lawsuit alleged that Miley was negligent in the operation of her vehicle. Reeves also sued her own insurer, State Farm Mutual Automobile Insurance Co. Reeves sought to recover her uninsured-motorist policy of $25,000.

During court-mandated arbitration, a panel of arbitrators found in favor of State Farm and against Reeves, prompting Reeves to appeal the decision. The case was tried on the issues of causation, damages and whether Reeves suffered a serious impairment of a bodily function, as State Farm stipulated to liability.

Within days of the accident, Reeves presented to a medical facility, complaining of pain in her neck and back.

Reeves was ultimately diagnosed with herniations of her L3-4 and L4-5 intervertebral discs. She also claimed that she suffered a sprain and a strain of her cervical region.

Within weeks of the accident, Reeves came under the care of a physiatrist. The doctor put her on a course of physical therapy, which she followed through January 2017. The treatment consisted of massages and exercises.

Reeves' physiatrist testified that Reeves' cervical and lumbar injuries were caused by the accident and that the injuries were a serious impairment of a bodily function.

Reeves testified that she made a good recovery but continues to suffer intermittent pain in her neck and back. She sought to recover $1,700 in medical costs, plus damages for past and future pain and suffering.

The defense argued that Reeves did not sustain a serious impairment of a bodily function. The defense's expert in radiology testified that Reeves' imaging studies were absent of any traumatic injuries.

This report is based on information that was provided by State Farm's counsel. Plaintiffs counsel did not respond to the reporter's phone calls, and Miley's counsel was not asked to contribute.

—This report first appeared in VerdictSearch, an ALM publication