UIM Arbitration Defense Award in Disc Herniation Case

Joseph Petka obtained a defense award in a Philadelphia County Underinsured Motorist arbitration action in which the third-party carrier had already tendered its $15,000 policy limit in a limited tort case.  The plaintiff had been diagnosed with a cervical disc herniation, which was confirmed by MRI, and she continued to have ongoing daily neck and low back pain.  Mr. Petka successfully argued that the herniation did not have an effect on the plaintiff’s everyday activities, as evidenced by the fact that she never missed an entire day of work and was not given any formal limitations by her employer.  Additionally, Mr. Petka subpoenaed the third-party tortfeasor to the hearing.  She testified that the impact was very minor and only caused scratches to the vehicles involved.