verdicts and settlements
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Date of Verdict:

Sept. 28.

Court and Case No.:

Montgomery County CP.

Judge:

Steven C. Tolliver.

Type of Action:

Motor vehicle.

Injuries:

Back and neck sprains.

Plaintiffs Counsel:

Raymond Tarnowski; Simon & Simon; Philadelphia.

Defense Counsel:

Kevin R. McNulty; Gerolamo McNulty Divis & Lewbart; Philadelphia.

Comment:

On March 17, 2014, plaintiff Lori Kerpius, 47, was a front-seat passenger in a Volvo station wagon that backed into wooden structure in a restaurant parking lot, in Phoenixville. She claimed injuries to her neck, back, and elbow, resulting in a serious impairment of a bodily function.

Kerpius sued the host driver, Amy Brink, alleging that she was negligent in the operation of a vehicle.

Brink stipulated to negligence, and the case was tried on the issues of causation and damages.

Four days later, Kerpius, complaining of pain to her neck, back, and right (dominant) elbow, presented to her family doctor. She was put on a course of chiropractic care (e.g., massage, spinal manipulation) to address her neck and back complaints. She underwent MRIs and was diagnosed with strains and sprains to her cervical and lumbar spine.

Kerpius consulted with an orthopedic surgeon, who, via an EMG, diagnosed her with cubital tunnel syndrome, after it was determined that she had suffered damage to her right ulnar nerve. She treated with physical therapy (e.g., exercises) for her elbow, concurrently with chiropractic care. No further treatment was administered.

Kerpius’ expert in orthopedic surgery causally related her injuries and treatment to the accident. According to the expert, her spinal injuries should resolve, but her elbow injury is likely permanent. The physician recommended ongoing visits with her orthopedic surgeon, physical therapy, and a potential nerve-release procedure of her right elbow.

Kerpius testified that she is in constant pain. Her physical condition has affected her work (post-accident, she opened a retail store with her husband) and has also impaired her relationships with her husband and two children. Additionally, she can no longer play tennis. She sought damages for past and future pain and suffering.

Brink’s counsel cited Kerpius’ medical records to argue that, other than her medical expert, none of her physicians had causally related her elbow injury to the accident (Kerpius could not recall how she injured her arm during the crash).

Brink’s expert in neuroradiology, in reviewing Kerpius’ MRIs, concluded that there was no indication that she suffered a traumatic injury.

The jury found that Brink’s negligence was not a factual cause of injury to Kerpius.

— This report first appeared in VerdictSearch, an ALM publication. •

Date of Verdict:

Sept. 28.

Court and Case No.:

Montgomery County CP.

Judge:

Steven C. Tolliver.

Type of Action:

Motor vehicle.

Injuries:

Back and neck sprains.

Plaintiffs Counsel:

Raymond Tarnowski; Simon & Simon; Philadelphia.

Defense Counsel:

Kevin R. McNulty; Gerolamo McNulty Divis & Lewbart; Philadelphia.

Comment:

On March 17, 2014, plaintiff Lori Kerpius, 47, was a front-seat passenger in a Volvo station wagon that backed into wooden structure in a restaurant parking lot, in Phoenixville. She claimed injuries to her neck, back, and elbow, resulting in a serious impairment of a bodily function.

Kerpius sued the host driver, Amy Brink, alleging that she was negligent in the operation of a vehicle.

Brink stipulated to negligence, and the case was tried on the issues of causation and damages.

Four days later, Kerpius, complaining of pain to her neck, back, and right (dominant) elbow, presented to her family doctor. She was put on a course of chiropractic care (e.g., massage, spinal manipulation) to address her neck and back complaints. She underwent MRIs and was diagnosed with strains and sprains to her cervical and lumbar spine.

Kerpius consulted with an orthopedic surgeon, who, via an EMG, diagnosed her with cubital tunnel syndrome, after it was determined that she had suffered damage to her right ulnar nerve. She treated with physical therapy (e.g., exercises) for her elbow, concurrently with chiropractic care. No further treatment was administered.

Kerpius’ expert in orthopedic surgery causally related her injuries and treatment to the accident. According to the expert, her spinal injuries should resolve, but her elbow injury is likely permanent. The physician recommended ongoing visits with her orthopedic surgeon, physical therapy, and a potential nerve-release procedure of her right elbow.

Kerpius testified that she is in constant pain. Her physical condition has affected her work (post-accident, she opened a retail store with her husband) and has also impaired her relationships with her husband and two children. Additionally, she can no longer play tennis. She sought damages for past and future pain and suffering.

Brink’s counsel cited Kerpius’ medical records to argue that, other than her medical expert, none of her physicians had causally related her elbow injury to the accident (Kerpius could not recall how she injured her arm during the crash).

Brink’s expert in neuroradiology, in reviewing Kerpius’ MRIs, concluded that there was no indication that she suffered a traumatic injury.

The jury found that Brink’s negligence was not a factual cause of injury to Kerpius.

— This report first appeared in VerdictSearch, an ALM publication. •