Pennsylvania Jury Verdict Review & Analysis
- Jury Verdict Review Publications, Inc.
- Publication date:
- Nbr. 40-06, May 2022
- Nbr. 40-05, April 2022
- Nbr. 40-04, March 2022
- Nbr. 40-03, February 2022
- Nbr. 40-02, January 2022
- Nbr. 40-01, December 2021
- Nbr. 39-12, November 2021
- Nbr. 39-11, October 2021
- Nbr. 39-10, September 2021
- Nbr. 39-09, August 2021
- Nbr. 39-08, July 2021
- Nbr. 39-07, June 2021
- Nbr. 39-06, May 2021
- Nbr. 39-05, April 2021
- Nbr. 39-04, March 2021
- Nbr. 39-03, February 2021
- Nbr. 39-02, January 2021
- Nbr. 39-01, December 2020
- Nbr. 38-12, November 2020
- Nbr. 38-11, October 2020
- $______ GROSS VERDICT - FELA - PLAINTIFF RAILROAD EMPLOYEE SLIPS FROM TRAIN'S STIRRUP AND SUFFERS CATASTROPHIC INJURY WHEN DEFENDANT FAILS TO PROPERLY OPERATE TRAIN - TRAUMATIC RIGHT LEG AMPUTATION.
Philadelphia County, PA The plaintiff in this FELA action maintained that his traumatic leg amputation resulted from the negligence of the defendant railroad company in failing to have proper safety protocols in place during train yard maneuvers. As a result, when the plaintiff slipped from the train’s stirrup, the train failed to stop and the plaintiff’s leg went under the train car where it was amputated by a train wheel. The defendant argued that it was the actions of the plaintiff that caused the incident.
- DOG ATTACK. $______ RECOVERY
Dog attack - Defendant’s dog lunges at minor and dog’s mouth makes contact with minor’s face causing injury - Failure to be vigilant and supervise actions of dog - Left nasal tip avulsion injury - Nose sensitivity - Scarring. Montgomery County, PA In this case, the minor plaintiff was a guest at the defendant’s home when the defendant’s dog very large dog lunged at the plaintiff and the dog’s teeth contacted the plaintiff’s nose causing injury. The defendants denied all allegations of negligence and injury.
- SCHOOL DISTRICT NEGLIGENCE. $______ RECOVERY
School district negligence - Transportation negligence - Minor plaintiff injured while roughhousing with another student on bus owned, controlled and operated by defendants - Failure to properly supervise activities of students on bus - Head contusion - Closed head injury. Bucks County, PA In this negligence case, the parents of the injured minor brought this suit against the defendants who owned controlled and operated a school bus on which the minor was a passenger was a passenger. The plaintiffs maintained that the minor suffered a head injury while roughhousing with another student while on the bus. The defendants denied all allegations of negligence and maintained it was the actions of the minor that caused any incident and or damages.
- DAYCARE CENTER NEGLIGENCE. $______ RECOVERY
Daycare center negligence - 3-year-old minor runs in to bookshelf at defendant daycare - Failure to properly supervise activities of children - Forehead laceration - Stitches required - Possible future scar revision surgery required. Allegheny County, PA The plaintiffs in this negligence action maintained that their toddler was injured when he ran into a bookcase while in the care and custody of the defendant daycare. The defendant generally denied all allegations of negligence and injury.
- DEFENDANT'S VERDICT - MEDICAL MALPRACTICE - EMERGENCY DEPARTMENT - PLAINTIFF PRESENTS TO DEFENDANTS SEVERAL TIMES WITH SIGNS AND SYMPTOMS OF COMPARTMENT SYNDROME WHICH DEFENDANTS FAIL TO DIAGNOSE - PERMANENT PAIN AND LIMITATIONS OF RIGHT LOWER EXTREMITY.
Allegheny County, PA The plaintiff in this medical malpractice action was a minor when the case was filed, but has since reached maturity. The plaintiff was a star football player who sustained a fracture during a football game and then developed compartment syndrome from the fracture which the defendant hospital and doctors failed to diagnose and treat. The defense denied all allegations of negligence and maintained that the plaintiff received care that was proper and in accordance with all standards and sought treatment from a non party hospital when he became symptomatic for compartment syndrome.
- PREMISES LIABILITY. Fall Down. $______ VERDICT
Premises liability - Fall down - Plaintiff trips on crumbled and defective section of defendant’s parking lot - Displaced fracture of 5th metatarsal. Philadelphia County, PA The plaintiff in this premises liability action maintained he suffered a toe fracture when he tripped and fell on a defective condition in the parking lot of the defendant retail chain drug store. The defendant generally denied all allegations of negligence and injury.
- ADDITIONAL VERDICTS OF INTEREST. Construction Site Negligence. $______ VERDICT - CONSTRUCTION SITE NEGLIGENCE - PLAINTIFF RIDING BIKE UNDER SUBWAY CONSTRUCTION SITE HIT WITH FALLING DEBRIS - FAILURE TO PROPERLY SECURE PERIMETER OF CONSTRUCTION SITE - SPINAL FRACTURES - SPINAL CANAL STENOSIS - PARALYSIS - SENSORY LOSS - LACERATIONS TO HEAD - SURGERY REQUIRED.
Kings County, NY In this construction site negligence action, the plaintiff was riding a bicycle under a construction site at an elevated subway station, when he was struck by a falling railroad tie. Consequently, the plaintiff sustained injuries, including spinal fracture at T6-T7, fracture dislocation at T9-T10, severe central canal narrowing at T9-T10, traumatic kyphosis, bilateral transverse process fractures of T10, left apical pneumothorax, paralysis, sensory loss, spinal canal stenosis, and lacerations of the head. Many of these injuries required surgery. The defendant generally denied negligence.
- $______ RECOVERY - MOTOR VEHICLE NEGLIGENCE - FAILURE TO PROPERLY OPERATE AND CONTROL SAFARI BUS - DEFENDANTS EMPLOYEE FAILS TO PROPERLY FASTEN PLAINTIFF'S SCOOTER TO SAFARI BUS CAUSING SCOOTER TO TIP OVER WITH PLAINTIFF ON IT RESULTING IN INJURY - COMMINUTED FEMUR FRACTURE - SURGERY - DECLINE IN HEALTH - WRONGFUL DEATH.
Dauphin County, PA In this case, the decedent was an invitee of the defendant wildlife park when she suffered significant injury which caused a decline in health and resulted in death when she was sitting on her scooter while riding the defendant’s safari bus and the scooter fell over. The defendant generally denied all allegations of negligence and argued that the decedent’s death was caused from pre-existing conditions.
- INSURANCE OBLIGATION. DEFENDANT'S VERDICT
Insurance obligation - Uninsured motorist benefits - Defendant lawfully proceeding through intersection when struck by tortfeasor - Plaintiff entitled to benefits for injuries sustained in accident - Cervical disc herniations - Radiculopathy - Epidural injections. Delaware County, PA The plaintiff in this insurance obligation action maintained that he suffered serious injuries to the discs of his cervical spine when he was lawfully proceeding through an intersection and was struck by a tortfeasor. The plaintiff pursued insurance benefits from his insurance carrier the defendant State Farm. State Farm maintained that the actions of the plaintiff caused or contributed to the accident negating his right to benefits.
- MOTOR VEHICLE NEGLIGENCE. Intersection Collision. $______ VERDICT
Motor vehicle negligence - Intersection collision - Defendant enters intersection without stopping for stop sign striking plaintiffs vehicle lawfully occupying intersection - Cervical disc protrusions - Cervical radiculitis - Sprains and strains - Damages only. Bucks County, PA The plaintiff in this vehicular negligence action sustained injuries to his neck when his vehicle which was lawfully proceeding through an intersection was struck by the defendant who failed to regard a stop sign. The defendant admitted liability and causing the accident but denied that the plaintiff sustained any serious or permanent injuries in the collision.
- $______ VERDICT INCLUDING $______ IN PUNITIVE DAMAGES - CIVIL RIGHTS VIOLATION - RACIAL DISCRIMINATION IN WORKPLACE - EMPLOYMENT OF AFRICAN-AMERICAN MACHINE OPERATOR ILLEGALLY TERMINATED.
U.S.D.C. - Eastern District of Pennsylvania. This action was brought under Section 1981 of the Civil Rights Act of 1866 and Title VII of the Civil Rights Act of 1964 alleging racial discrimination in the workplace. The plaintiff contended that his employment was terminated by the defendant due to...
- ADDITIONAL VERDICTS OF INTEREST. Tort Claims Act. $______ VERDICT - TORT CLAIMS - POSTAL SERVICE CREATES OBSTRUCTION OF RIGHT SIDE OF ONE-WAY SINGLE LANE ROADWAY DUE TO LONG TRAILER IN LOADING BAY - BICYCLIST IS RUN OVER BY WHEELS OF POSTAL TRUCK APPROACHING FROM BEHIND - WRONGFUL DEATH.
U.S. District Court, Southern District of NY This case involved a 68-year-old woman who was riding her bicycle westbound on West 29th Street, a one-way, single lane roadway, between 9th and 10th Avenues in Manhattan, at approximately noon on a weekday. The Postal Service has large facilities on...
- MEDICAL MALPRACTICE. Psychiatry. $______ VERDICT
Medical Malpractice - Psychiatrist Negligence - Plaintiff’s decedent presents to clinic and comes under care of defendant psychologists with homicidal and suicidal ideation and still, defendants release decedent who then fatally shoots her estranged husband and herself - Failure to properly treat...
- MEDICAL MALPRACTICE. $______ VERDICT - MEDICAL MALPRACTICE - SURGICAL NEGLIGENCE - NEGLIGENT LACERATION OF POSTERIOR INTEROSSEOUS NERVE IN FOREARM DURING REMOVAL OF LIPOMA - UNSUCCESSFUL NERVE REPAIR ATTEMPT - REDUCED MOVEMENT AND CONTROL IN FINGERS AND SIGNIFICANT HAND PAIN.
Nassau County, NY This was a medical malpractice action involving a male plaintiff in his early 30s in which the plaintiff contended that the defendant surgical oncologist, who was excising an encapsulated growth which was suspected prior to the surgery, and subsequently confirmed, to be a benign...
- MEDICAL MALPRACTICE. $______ RECOVERY
Medical malpractice - Nursing home negligence - Defendant facility fails to prevent patient’s pressure ulcer resulting in decline in health and subsequent death - Failure to implement proper pressure ulcer prevention plan - Wrongful death. Montgomery County, PA In this action for medical...
- $______ RECOVERY MEDICAL MALPRACTICE ? OB/GYN NEGLIGENCE ? PLAINTIFF'SDECEDENT DIES FROM EXCESSIVE BLEEDING FOLLOWING C-SECTION ? FAILURE TOPROPERLY TREAT POSTPARTUM HEMORRHAGE ? WRONGFUL DEATH OF 36-YEAROLDFEMALE.
Montgomery County, PAThe decedent’s estate brought this wrongful deathaction against the defendant ob/gyn, all attendingdoctors and the staff of the defendant hospitalalleging that they failed to properly recognize andtreat the decedent’s life-threatening postpartumhemorrhage following the delivery ...
- MOTOR VEHICLE NEGLIGENCE. Parking Lot Collision. $______ RECOVERY
Motor Vehicle Negligence - Parking Lot Collision - Minor’s compromise - Minor plaintiffs injured when defendant crashes into the minors’ host vehicle, causing it to flip over - Driving at an unsafe rate of speed - Minor injuries to two minor plaintiffs. Bucks County, PA In this negligence action,...
- DOG BITE. $______ RECOVERY
Dog Bite - Minor plaintiff playing with defendant’s dog when it bites minor on face - Failure to properly control dog - Lacerations to the eyelid, right cheek and shin. Luzerne County, PA The minor plaintiff was a guest of the defendants’ when she was playing with the defendant’s Irish sheepdog....
- DEFENDANT'S VERDICT - MEDICAL MALPRACTICE - MATERNAL FETAL MEDICINE SPECIALIST NEGLIGENCE - DEFENDANT FAILS TO APPRECIATE FINDINGS SIGNIFICANT FOR PLACENTAL ABRUPTION AND FAILS TO DELIVER FETUS EMERGENTLY - STILLBIRTH - EMOTIONAL DISTRESS.
Lancaster County, PA The plaintiff parents in this medical malpractice action maintained that the defendant maternal fetal medicine specialist negligence caused the stillbirth of their infant. The defendant failed to appreciate the deterioration of the plaintiff’s placenta and fetal distress, which ...
- MEDICAL MALPRACTICE. $______ GROSS VERDICT - MEDICAL MALPRACTICE - EMERGENCY DEPARTMENT - HOSPITAL NEGLIGENCE - DELAY IN DIAGNOSIS AND TREATMENT OF BLADDER CANCER - EXTENSIVE SURGERY REQUIRED - LOSS OF BLADDER AND PROSTATE GLAND - 15% COMPARATIVE NEGLIGENCE FOUND.
Lehigh County, PA. The 49-year-old male plaintiff in this medical malpractice action contended that the defendants, a third-year resident physician and her attending supervisor (both employed by the co-defendant hospital), negligently failed to adequately advise him of a suspicious mass in his...