MOTOR VEHICLE NEGLIGENCE. Parking Lot Collision. $______ RECOVERY

• Pages: 16-17

$40,000 VERDICT

Motor Vehicle Negligence – Intersection Collision

– Defendant strikes plaintiff’s vehicle at a city

intersection – Failure to take action to avoid

striking the plaintiff’s vehicle – Cervical, thoracic,

and lumbar disc injuries

Philadelphia County, PA

In this vehicular negligence action, the plaintiff

maintained that he was lawfully proceeding

through an intersection when his vehicle was

struck by the defendant. The defendant alleged

that that the accident was caused by the

negligence of the defendant.

On, or about December 19, 2011, the male plaintiff

operated a motor vehicle at or near Lincoln Drive

and Wissahickon Avenue, in the City of Philadelphia,

Pennsylvania. The defendant was operating his vehi-

cle at the same time and place when he struck the

plaintiff’s vehicle. The allegations of negligence

against the defendant contained in the plaintiff’s

complaint were operating a vehicle in a careless and

reckless manner, failing to have vehicle under proper

and adequate control, failing to observe the plaintiff,

andtotakesuchactiontoavoidstrikingtheplaintiff,

and operating a vehicle at a dangerous rate of

speed. The plaintiff maintained that he suffered disc

herniations at C2/3, C3/4, C4/5, and C5/6, disc pro-

trusionsatC6/7,L2/3,L3/4,L5/S1,andL4/5,disc

bulges at C7/T1, L5/S1, T7/8, T8/9, and T9/10, and cer-

vical, thoracic, and lumbar spine sprains and strains,

as a result of the accident. The defendant denied all

liability and injury, and argued that the plaintiff was

comparative and or contributorily negligent.

The jury found the defendant negligent and awarded

the plaintiff $40,000, which was then reduced by 50%

comparative negligence for a total award of

$20,000.

REFERENCE

Weston Stewart vs. Christopher Harris. Case no.

130300463; Judge Esther Sylvester, 04-30-14.

Attorney for plaintiff: Marc Greenfield of Rand Spear

in Philadelphia, PA. Attorney for defendant:

Catherine Maloney of Robert J. Casey, Jr. &

Associates in Philadelphia, PA.

DEFENDANT’S VERDICT

Motor Vehicle Negligence – Intersection Collision

– Defendant strikes plaintiff’s vehicle as plaintiff

lawfully proceeds through an intersection –

Failure to keep an adequate distance for other

vehicles – Cervical, thoracic, and lumbar disc

injuries

Philadelphia County, PA

The plaintiff, in this vehicular negligence action,

alleged that he was injured when the car he was

lawfully operating through an intersection was

struck by the defendant driver. The defendant

denied causing the accident, and denied that the

plaintiff was injured as a result of the accident.

On, or about October 15, 2011, the male plaintiff

owned and operated a motor vehicle at or near

Cheltenham Avenue and Old York Road, in the City

Philadelphia, Pennsylvania. The defendant was oper-

ating a motor vehicle at the same time and place

when she collided with the plaintiff’s vehicle. The

plaintiff maintained that the defendant was negligent

in operating a motor vehicle in a negligent, careless

and/or reckless manner, failing to have said vehicle

under proper and adequate control, failing to stop

within the assured clear distance, and failing to keep

an adequate distance from other vehicles. As a re-

sult, the plaintiff suffered disc bulges at C3-4, C4-5,

T11-12, T12-L1, L1-2, L2-3, L4-5, disc herniations at L3-

4 and L4-5, left rotator cuff tear, cervical strain and

sprain, thoracic strain and sprain, lumbar strain and

sprain, and a left shoulder strain and sprain. The de-

fendant denied all liability, and denied that the

plaintiff sustained any serious or permanent injury.

The jury found that the defendant was negligent, but

that her negligence was not a substantial factor in

bringing harm to the plaintiff.

REFERENCE

David Katz vs. Sally Ngo. Case no. 121102265; Judge

05-15-14, 05-15-14.

Attorney for plaintiff: David Kwartler of Law Offices

of Craig A. Altman, P.C. in Philadelphia, PA. Attorney

for defendant: Jason Rubin of Goldberg, Miller &

Rubin, P.C. in Philadelphia, PA.

Parking Lot Collision

$6,000 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.

16 VERDICTS BY CATEGORY

Volume 32, Issue 12, November 2014 Subscribe Now