A Philadelphia Jury awarded a plaintiff just $500 for pain and suffering and $2,600 for stipulated outstanding medical bills for a case involving a total knee replacement. This case involved a rear-end motor vehicle accident which resulted in $4,700 in property damage to the rear of the plaintiff’s vehicle.
The plaintiff, a 58-year-old female, was diagnosed with loosening of the tibial plateau of her left knee, which required a left knee replacement. The surgery was not a success and the plaintiff alleged that she continued to experience constant pain. She required a walker which she used during the trial.
Mr. Petka presented evidence through his expert witness that the plaintiff’s knee condition was degenerative. Additionally, although the plaintiff used a walker in court every day, Mr. Petka impeached the plaintiff on cross-examination by showing her (and the jury) eight candid photographs of her dancing in the middle of the street in heels during a Fourth of July block party. The jury did not accept the plaintiff’s explanation that she merely “posing” in dancing-like positions for the pictures.