GMR Senior Associate Brandon Evangelist successfully argued that a rear-end accident did not cause serious injury to the plaintiff in a Philadelphia Jury trial. Plaintiff had stopped, landlocked in traffic on westbound Interstate 76 when the Defendant crashed into the back of plaintiff’s vehicle while traveling at an excessive speed. Plaintiff claimed to have suffered serious injuries to his head, neck, back, and bilateral knees, including a meniscal tear requiring surgery. Plaintiff treated with a physician for over ten months and underwent numerous diagnostic tests. Plaintiff’s expert opined that plaintiff’s injuries were permanent and his knee issues required surgery.
Brandon argued that the lawsuit was motivated by recovering damages, as plaintiff consulted with an attorney before obtaining any medical treatment. Brandon also argued that plaintiff’s treatment was excessive in light of the diagnoses and opinions of the reading radiologist. The defense expert concluded that plaintiff’s several diagnostic studies revealed degenerative changes unrelated to the accident. Brandon used the defense expert’s opinion to argue that these changes resulted from plaintiff’s manual labor job and not the accident.
The Philadelphia County Jury deliberated for a mere 25 minutes before finding that plaintiff did not sustain a serious injury. Brandon tried the case before the Honorable D. Webster Keough.
