Jillian Vukson obtained another defense verdict in a Philadelphia County major jury action revolving around an August 2017 multi-vehicle accident in which liability was not contested. During the accident in question, Jillian’s client was attempting to make a left turn onto Castor Avenue when she was struck by a vehicle proceeding straight through the intersection. As a result of the impact, Jillian’s client’s vehicle spun, making contact with the rear driver’s side of Honda Civic in which plaintiff was a front-seat passenger. At trial, a stipulation to liability was entered and Jillian proceeded to defendant the case on causation and damages.
At trial, plaintiff alleged injuries to his neck, back and legs, including herniated discs in his low back and nerve damage to his legs. Plaintiff’s expert opined that plaintiff’s injuries were permanent and he continued to suffer from low back pain and radiculopathy. He testified that plaintiff would require additional medical treatment including medication, physical therapy, diagnostic testing, pain injections and surgery to his low back, all of which would cost $125,000.
Jillian successfully defended the case, arguing plaintiff’s alleged injuries were not caused by the minor accident and that there was no objective evidence of injury supporting plaintiff’s claims. The defendant’s expert testified that plaintiff’s diagnostic studies, MRI’s of the low back, showed only degenerative and arthritic changes which were not caused by the accident. Defendant’s expert further testified that plaintiff’s physical exam and orthopedic testing did not reveal any objective evidence of injury to support plaintiff’s completely subjective complaints of pain.
Following a two-day trial before the Honorable Charles J. Cunningham, III, a jury of eight ultimately found in favor of Jillian’s client, finding that plaintiff’s alleged injuries were not caused by the accident.