Ian Kingsley obtained a defense verdict for a large auto insurance company in an uninsured motorist (UM) action in Philadelphia. It was stipulated that the plaintiff was entitled to UM benefits under his policy which provided for up to $100,000 in bodily injury coverage for accidents caused by uninsured motorists. It was also stipulated that the plaintiff was rear-ended by an uninsured motorist, and that the plaintiff was not at fault. Plaintiff claimed the accident caused a cervical herniation, multiple cervical and lumbar protrusions, and strain/sprain injuries for which he underwent 5 months of chiropractic treatment resulting in permanent limitations in his ability to walk, stand, bend or sit for long periods. This was also the plaintiff’s first car accident.
Mr. Kingsley presented the expert medical opinion of Board Certified Orthopedic Surgeon, Dr. Harvey Smith, who reviewed plaintiff’s medical records and conducted an independent medical exam. Dr. Smith agreed with Plaintiff’s radiology findings, but disagreed that the plaintiff sustained any injuries as a result of the motor vehicle accident. Dr. Smith opined that plaintiff, who was sixty-six (66) years old, had a long history of age-related back and neck issues which were degenerative in nature and unrelated to the accident in question.
The trial lasted 3 days. The jury deliberated for 3 hours and ultimately determined the uninsured motorist’s negligence was not a factual cause of plaintiff’s injuries.