Date of Settlement:
Court and Case No.:
C.P. Philadelphia No. 150900295.
Type of Action:
Neck and back injuries.
Franklin R. Strokoff, The Rothenberg Law Firm, Philadelphia.
Daniel J. Maher, Styliades, Mezzanotte & Hasson, Philadelphia.
Steven Barrer, neurology, Willow Grove.
On Oct. 13, 2013, plaintiff Calvin Johns, 56, was driving in the 6600 block of north Oxford Avenue, near Magee Avenue, in Northeast Philadelphia, when his van was rear-ended by a sport utility vehicle.
Johns claimed neck and back injuries.
Johns sued the driver, Lonnie Marshall, alleging that he was negligent in the operation of a vehicle.
Johns also sued the vehicle’s owner, Mary Wong (also known as Man Wong), alleging negligent entrustment.
Marshall and Wong did not stipulate or contest liability, and the case proceeded through litigation on the issues of causation and damages.
Johns drove himself to an emergency room, where he was examined and released. Over the next two years, Johns treated extensively with physical therapy (e.g., massage, exercise) to his neck and low back.
Johns had MRIs and was diagnosed with a herniation at cervical intervertebral disc C3-4 and aggravations of pre-existing cervical and lumbar conditions (he had a prior cervical fusion and pre-existing cervical and lumbar degenerative disc disease). He further treated with a series of epidural injections to his neck and back.
Johns consulted with a neurosurgeon, who determined that conservative treatment had been unsuccessful. On Oct. 5, 2015, he underwent an anterior cervical decompression and fusion at C3-4 and C4-5 and posterior cervical decompression and fusion at C3, C4, C5, C6 and C7. Following the surgery, Johns had significant physical therapy.
Johns’ expert in neurosurgery causally related his injuries and treatment to the accident and opined that he suffered a permanent injury.
Johns claimed that he continues to experience pain and limitations which interfere with his activities of daily living. He sought damages for past and future pain and suffering.
Marshall and Wong’s expert in neurosurgery, who examined Johns, concluded that he had suffered an exacerbation of longstanding cervical issues.
In January, Johns settled with Marshall and Wong for $800,000, following mediation and prior to trial. The case was in the January trial pool.
This report is based on information that was provided by plainitffs counsel. Defense counsel declined to comment.
—This report first appeared in VerdictSearch, an ALM publication. •