GMR partner Jeff Tenthoff continued his winning streak this year after fifteen (15) defense victories last year. He won a Delaware County, Pennsylvania, trial on factual cause in a full-tort stipulated negligence case in front of Judge Eckel. In this matter, Jeff’s client was a 20-year-old who lost control of a friend’s BMW while navigating a curve on Bryn Mawr Avenue late one night while driving other friends to Insomnia Cookies. The Plaintiff’s counsel alleged that Jeff’s client turned off the traction control while racing his friend’s car around the curve when the accident happened and sought punitive and compensatory damages.
The Plaintiff, a 21-year-old female with full tort coverage, alleged a concussion with post-traumatic headaches, dizziness, photo/phonophobia, tinnitus, sleep disturbance, and cognitive impairment after her head banged against another passenger’s head and then the window. The Plaintiff presented evidence of two emergency room visits, one primary care physician visit, approximately six months of chiropractic treatment, four months of cognitive therapy, and a handful of visits with a neurologist to support her claim. The Plaintiff had two experts, her treating neurologist and a neuropsychologist, who performed an IME to testify on her behalf.
Jeff’s defense focused on the lack of immediate complaints and immediate treatment in the months following the accident. Mr. Tenthoff also argued that even if you believed each of Plaintiff’s subjective complaints, they would not comport with what science knows about concussions. Specifically, through his own neurological and neuropsychological experts, he was able to establish that concussive symptoms do not multiply and worsen over time but rather are worse immediately following the insult to the brain and gradually get better. He also argued how concussive symptoms do not wax and wane. Jeff also effectively cross-examined Plaintiff regarding her alleged limitation with a plethora of social media posts depicting Plaintiff at several concerts, bars, parties, and other social events.
Ultimately, it took the jury approximately thirty minutes to return a unanimous decision in favor of Defendant on factual cause.