Joe Petka Obtains Defense Verdict in Epidural Injection Case

At the time of the accident, the 16-year-old defendant made a left turn in the path of the plaintiff’s vehicle causing multiple impacts and forcing the plaintiff’s vehicle off the road and into a fence. Both vehicles were totaled in the collision. The plaintiff was ultimately diagnosed with herniations in his lumbar spine and a left shoulder rotator cuff tear. He continued to treat up until the time of trial, and received a lumbar epidural injection just 10 days before the trial began. The plaintiff’s lowest demand prior to trial was $150,000.

Mr. Petka argued that the plaintiff’s injuries were not the result of the accident because the plaintiff waited an entire week before he sought treatment, he did not miss any time from work, he received treatment for a prior back and prior shoulder injury.

A Philadelphia jury of 9 woman and 3 men deliberated for less than an hour before reaching a verdict in favor of the defendant. The jury found that the accident was not the factual cause of the plaintiff’s damages.