Hearn v. Damico
Date of Verdict: Nov. 7, 2018.
Court and Case No.: C.P. Allegheny No. GD-14-016048.
Judge: Alan D. Hertzberg.
Type of Action: Motor automobile.
Injuries: Neck injuries.
Plaintiffs Counsel: Brittani R. Hassen and George M. Kontos, Kontos Imagine Law Group, Pittsburgh.
Plaintiffs Expert: Adam S. Kanter, neurosurgery, Pittsburgh.
Defense Counsel: Daniel L. Rivetti and Charles P. Sapienza III, Robb Leonard Mulvihill, Pittsburgh.
Defense Expert: Daniel A. Wecht, neurosurgery, Pittsburgh.
On Oct. 1, 2012, plaintiff Jennifer Hearn, forty-one, become driving south on Middle Road, closer to its intersection with Wildwood Road Extension, in Hampton Township. As Hearn entered the intersection, which had no traffic-control gadgets, the front driving force’s facet of her minivan become struck by the front of a sedan. The sedan has been driving on the contrary path on Middle Road and tried to show left on the intersection. Hearn claimed neck injuries.
Hearn sued the sedan’s motive force, Richard Damico. She alleged that he turned into negligent in the operation of his vehicle.
According to Hearn, as she approached the intersection, she noticed Damico, traveling in the opposite path, looking down and now not at the street. Damico allegedly commenced turning left in the front of Hearn, still looking down and no longer searching at her in the intersection. Hearn claimed she braked and moved her vehicle toward the proper to attempt to keep away from the imminent collision, however, became unsuccessful.
Hearn’s counsel argued that Damico did no longer have the prison right of manner to enter the intersection, and nor did he have an confident clean distance to make the left turn.
The protection maintained that Hearn was contributorily negligent for the twist of fate. Damico testified that he assured a clear distance before turning, and he did not see Hearn’s automobile. It becomes no longer till Damico changed into trying the flip at the intersection that Hearn got here out of nowhere and triggered the collision, he alleged. The defense maintained that Hearn had a duty to yield to Damico, who changed into inside the system of turning left, and that her failure to do so brought on the twist of fate.
Hearn becomes taken by ambulance to an emergency room. She becomes identified with a fracture to her proper little finger, of her dominant arm. Her finger which became splinted. An MRI of her cervical backbone changed into bizarre. Hearn becomes discharged with instructions to comply with up together with her primary care doctor.
In the ensuing days, Hearn provided to her physician with lawsuits of neck ache and numbness and tingling into her fingers and fingers. She became placed in the direction of physical therapy, which consisted of rubdown and exercise.
On Nov. 15, Hearn supplied to a neurosurgeon, who thru an MRI, identified her with a herniation at cervical intervertebral disc C6-7, bulging at C5-6 and annular tears at C5-6 and C6-7.
Hearn continued to visit the neurosurgeon and dealt with intermittently with bodily therapy. By fall 2014, it becomes decided that Hearn required surgical procedure after conservative remedy best minimally improved her circumstance. On Oct. 31, 2014, she underwent decompression and fusion at C5-6 and C6-7. Following the surgical procedure, Hearn accompanied up with her neurosurgeon. No in addition treatment turned into rendering.
Hearn’s neurosurgeon causally related her accidents and remedy to the accident and opined that she suffered permanent harm.
Hearn alleged that she keeps enjoying ongoing neck pain. This allegedly interferes with being concerned for her daughter and appearing activities of each day living.
She sought to get better a health-care lien of $26,464.30. Together with damages for past and destiny pain and suffering.
The protection’s professional in neurosurgery testified that Hearn handiest suffered tender-tissue accidents to her neck which later resolved. The expert concluded that Hearn’s surgery becomes unrelated to the accident.
The jury observed that Damico became negligent and his negligence became an authentic purpose of harm to Hearn. Jurors determined that Hearn turned into not negligent. Hearn was decided to receive $56,464.30. She was to get hold of $26,464 for non-public damage and past clinical fee and $30,000 for beyond and destiny pain and suffering.
This report is based totally on records that were provided by way of plaintiffs suggest. Defense recommend did now not respond to the reporter’s cellphone calls.