Pennsylvania State Jury Awards $ 2,579,000.00 In Motor Vehicle Negligence Action Brought Following Rear-End Collision That Flipped Plaintiffs' Car Onto Its Roof
On Aug. 29, 2014, Plaintiff Louis Farese, 48, was rear-ended on Chester Pike at South Avenue, in Glenolden, PA. Farese was stopped waiting to make a left turn at the intersection when his Ford Mustang was struck by a van. The impact forced his car into the air, causing his car to land onto its roof. Farese was taken by ambulance to Crozer Chester Medical Center Emergency Room where he was examined and diagnosed with a concussion and other injuries. Farese later alleged that his injuries included the following: postconcussion syndrome with headaches secondary to closed head injury; acute C-7 disc herniation; annulus fissuring at L4-5 with resultant neural compression; aggravation of degenerative disc and joint disease of the cervical spine; bilateral occipital neuralgia; aggravation of degenerative disc and joint disease of the lumbosacral spine; posttraumatic fibromyositis of the cervical and dorsal spine; deep nerve root injury at C2-3; and injury to the left wrist.
On April 13, 2015 Louis Farese and his wife Katharine Farese filed an action against defendants, James Robinson and Venturi Technologies, Inc., in the Pennsylvania Court of Common Pleas for Philadelphia County. Plaintiffs asserted claims for negligence and loss of consortium. Defendants eventually stipulated to liability and some injuries.
In late September of 2016, the parties appeared for a jury trial held before Judge Sean F. Kennedy on the issue of damages only. Farese had incurred $ 15,000 in medical expenses prior to trial, but alleged that he would require $ 746,000 to $ 900,000 in future medical costs, including costs associated with an anterior decompression and fusion to his cervical spine and a fusion and laminectomy to his lumbar spine. Farese testified that he continues to experience debilitating headaches as well as ongoing neck and back pain that have severely impaired his ability to function and have disrupted his ability to operate a diner. Defendants' counsel cited Farese's medical records to argue that he was not following his doctors' recommendations. Defendants' counsel asserted that Farese's injuries were not as severe as he claimed.
At the conclusion of a five day trial, the jury reached a verdict for the plaintiffs, finding that defendants had been negligent and awarding a total of $ 2,579,000.00 in damages.
Plaintiffs were represented by Alfred V. Altopiedi and Donna A. Casasanto of Alfred V. Altopiedi, P.C. in Springfield, PA. Defendants were represented by Gerard F. Lipiski of Campbell, Lipski & Dochney in Philadelphia, PA.
Lexis Advance subscribers may view the entire summary here: Louis Farese and Katharine Farese v. James Robinson and Venturi Technologies, Inc; 2016 Jury Verdicts LEXIS 8624
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