GMR Partner Jeff Tenthoff won a trial in Montgomery County, PA on factual cause as to two plaintiffs, each represented by separate counsel. The plaintiffs were on a SEPTA bus when Jeff’s client made an ill-advised and illegal right turn into a Target parking lot directly in front of the SEPTA bus the Plaintiffs were passengers in. At her deposition, Jeff’s client testified that she had only been driving for one month before the accident and was unfamiliar with the area and lost while attempting to find a place to pull over to get her bearings. Video of the SEPTA accident demonstrated the negligence of Jeff’s client, and so liability was stipulated to, with causation and extent of any injuries/damages at issue for the jury.
The video also showed both Plaintiffs moving forward in their seats. Each Plaintiff claimed to have struck their knee on the seat in front of them and to have suffered knee and low back injuries. The video shows one of the Plaintiffs rubbing his knee immediately following the impact. However, the video also shows both Plaintiffs exiting the bus without apparent difficulty or distress. One Plaintiff was taken to the ER via EMS, while the other presented to the ER several hours later that day. One Plaintiff had MRI confirmation of a torn meniscus and arthroscopic surgery performed approximately seven months after the accident; however, that Plaintiff had a subsequent SEPTA accident as well. Neither of the Plaintiffs had any prior medical history of similar complaints.
Jeff had both Plaintiffs’ films reviewed by a radiologist and both Plaintiffs evaluated by an orthopedic surgeon, neither of whom found any evidence of injury related to this accident. Jeff also relied on Plaintiffs’ lack of treatment for over six years to emphasize the lack of significant injury. After about ninety minutes of deliberation, the jury returned a defense verdict finding that the accident was not a factual cause of either Plaintiff’s injuries.
