Uber Driver's Back Injuries Not Due to Rear-Ender: Defense
On Sept. 25, 2016, plaintiff Ahmed Adjin-Tettey, 35, a livery vehicle's driver, was stopped on Moyamensing Avenue, in Philadelphia. A vehicle rear-ended his car. Adjin-Tettey claimed back injuries.
July 02, 2020 at 11:48 AM
3 minute read
Adjin-Tettey v. Fogarty
Defense Verdict
Date of Verdict: Feb. 26.
Court and Case No.: C.P. Philadelphia No. 180902639.
Judge: Stella M. Tsai.
Type of Action: Motor vehicle.
Injuries: Back injuries.
Plaintiffs Counsel: Peter J. McNamara, Law Offices of Peter J. McNamara.
Plaintiffs Experts: Daniel Schatzberg, chiropractic, Media; Richard J. Levenberg, orthopedic surgery, Broomall.
Defense Counsel: Catherine F. Maloney, Amy F. Loperfido & Associates, Philadelphia.
Defense Experts: Calum McRae, biomechanical, Penns Park; Sachin Dheer, radiology, Cherry Hill, New Jersey.
Comment:
On Sept. 25, 2016, plaintiff Ahmed Adjin-Tettey, 35, a livery vehicle's driver, was stopped on Moyamensing Avenue, in Philadelphia. A vehicle rear-ended his car. Adjin-Tettey claimed back injuries.
Adjin-Tettey sued the driver of the other vehicle, Colleen Fogarty. He alleged that Fogarty was negligent in the operation of a vehicle.
Fogarty's counsel stipulated to liability, and the case was tried on the issues of causation and damages.
Within days of the accident, Adjin-Tettey, complaining of lower back pain, presented to a chiropractor.
Adjin-Tettey was ultimately diagnosed with a herniation of his L4-5 intervertebral disc, resultant nerve impingement that produced radiculopathy, and a lumbar strain and sprain. Through 2018, Adjin-Tettey underwent an MRI and an electromyography. He also received chiropractic care and consulted a pain management doctor, who administered a series of epidural injections.
Despite Adjin-Tettey's extensive conservative treatment, his back condition did not improve. In April 2018, he underwent a laminectomy at L4-5. The surgery initially improved Adjin-Tettey's condition, but by late summer 2019 he returned to his surgeon and had renewed complaints.
He was diagnosed with a recurrent L4-5 herniation, and he received an epidural injection. Adjin-Tettey's chiropractor and orthopedic surgeon opined that Adjin-Tettey may require additional treatment in the future.
Adjin-Tettey testified that his ongoing back pain interfered with his driving, which was his livelihood, and with his ability to play with his children. He sought to recover a medical lien of $8,200, plus damages for past and future pain and suffering.
The defense's expert in biomechanics testified that the rear-end collision did not generate enough force or a mechanism to cause Adjin-Tettey's lumbar herniation.
The defense's expert in radiology testified that Adjin-Tettey's MRI showed a herniation that predated the accident. The herniation was not caused by any acute trauma.
The jury rendered a defense verdict. It found that Fogarty's negligence was not a factual cause of injury to Adjin-Tettey.
This report is based on information that was provided by plaintiffs and defense counsel.
—This report first appeared in VerdictSearch, an ALM publication
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