Senior Associate Jessica Smeriglio secured a factual cause defense verdict for a four-vehicle chain collision. At the time of the accident, Jessica’s client was driving a Ford F-150 that rear-ended the vehicle in front of them, causing a chain reaction. Liability for the accident was not contested. The plaintiff, age forty-one, was diagnosed with multiple cervical and lumbar spine issues, permanent nerve damage, and urinary incontinence. Plaintiff received physical therapy and four years’ worth of epidural injections leading up to the trial and claimed she had to start using a 4-point cane after the accident. She also testified the accident rendered her housebound, and she can no longer bathe herself or use the restroom without assistance.
Jessica argued that the plaintiff’s injuries were not a result of the motor vehicle accident. The plaintiff did not seek emergency treatment but instead waited 16 days before seeing her primary care physician for an appointment previously scheduled before the accident occurred. She further argued there was minimal cosmetic damage to the plaintiff’s vehicle’s front and rear bumpers and that plaintiff had a long history of complaints of pain.
A Philadelphia jury deliberated for approximately 30 minutes before reaching a verdict in favor of the Defendant. The jury found the accident was not the factual cause of the plaintiff’s damages.