Kristine Meindl obtained a defense verdict on negligence in a Philadelphia County motor vehicle accident case. The plaintiff alleged that the defendant came into the plaintiff’s path of travel after pulling from a side street without properly stopping at a posted stop sign. The plaintiff did not have a traffic control device in his direction of travel. The defendant contended that he properly stopped at the stop sign and proceeded with caution when he was struck by the plaintiff who was traveling at a high rate of speed. The plaintiff was also alleging neck and shoulder injuries as well as a 6 X 2” contusion that left a permanent lump on the leg as a result of the accident. Plaintiff produced evidence by his expert witness that the plaintiff’s shoulder injury was permanent and caused a total disability of use of the left arm/shoulder in lifting and engaging in activities above the head. Throughout treatment, plaintiff underwent a series of 3 epidural injections and has been under the care of pain management with prescription medications and monthly office visits since the accident, over 3 years ago. Plaintiff produced economic damages of over $34,000.00.
Ms. Meindl argued that the plaintiff should have been able to avoid the accident if he was traveling at a reasonable rate of speed and paying attention to the roadway in front of him. She further argued that the defendant had control of the roadway at the point of impact and acted reasonably by stopping twice before attempting to cross the roadway. Ms. Meindl also argued that plaintiff’s injuries were not related to the accident as he had significant spinal degeneration that pre-existed the accident. The jury found that the defendant was not negligent in causing the accident.