GMR Partner Jeffrey Tenthoff has won his fifth trial in a row since February 2024 after a jury deliberated for close to three hours before returning a defense verdict on factual cause. Jeff’s client stipulated to liability for the happening of the intersectional accident after running a red light.
After returning home, the full-tort Plaintiff was taken via ambulance to the ER later that day for complaints of neck and back pain. She then treated with physical therapy at Penn Good Shepherd for two months before Covid interrupted her treatment, and she was placed on a home exercise program. She subsequently presented to Penn Pain Management and the Penn Spine Center, undergoing six spinal epidural steroid injections. She continued to complain of ongoing pain in her neck and back, interfering with all activities and requiring her to use a cane and wear a back brace every day. She was evaluated by Dr. Christina Cawley of Olney Orthopedics & Therapy, who opined all of her treatment with Penn, including the epidural steroid injections, and her ongoing complaints are related to the accident at issue.
Nonetheless, Mr. Tenthoff was able to prove that she did not sustain any injury. He began by pointing out the minor nature of impact as demonstrated by the photographs of Plaintiff’s vehicle and the fact that no one else was injured in the accident. He also effectively cross-examined Plaintiff on her treatment records, indicating that she had reported complete resolution of her symptoms during an April 2020 televisit with Penn Good Shepherd. He also linked her ongoing complaints and limitations to her pre-accident conditions of spinal arthritis, fibromyalgia, and Graves disease.
Ultimately, due to Mr. Tenthoff’s cross-examination of Plaintiff, the jury found that her subjective complaints, even during her ER visit on the accident date, were not credible. Despite defending an empty chair, conceding liability, and the Plaintiff being full tort, the jury found in favor of the defendant on factual cause.
