I. Recent Auto Law Decisions

Transcription

1 I. Recent Auto Law Decisions Limited Tort DEFENDANTS MOTION FOR PARTIAL SUMMARY JUDGMENT DENIED QUESTION OF FACT WHETHER PLAINTIFF SUSTAINED A SERIOUS IMPAIRMENT OF BODILY FUNCTION. Peterman v. Sakalauskas, No (E.D. Pa. Oct. 9, 2013). 3

2 Peer Review and Attorney s Fees JUDGE DOWLING AWARDS $27,930 IN ATTORNEY S FEES IN A PIP CASE. Levine v. Travelers Property Casualty Ins. Co., 69 A.3d 671 (Pa. Super. 2013). 5

3 Facebook Discovery JUDGE NEALON DENIES PLAINTIFF S REQUEST FOR SOCIAL MEDIA DISCOVERY. Brogan v. Rosenn, No. 08-CV-6048 (C.P. Lackawanna April 22, 2013). 7

4 Expert Discovery JUDGE COATES ORDERS A SIMULTANEOUS EXCHANGE OF ANY AND ALL EXPERT REPORTS. Sanderson v. Geiger, No CV-8539-CV (C.P. Dauphin Aug. 22, 2013). 9

5 Causation Defense Verdict JUDGE SAYLOR GRANTS A NEW TRIAL WHERE THE JURY SHOULD HAVE AWARDED DAMAGES. Hoskie v. Nicholas Meat Packing Co., 85 Northumberland L.J. No. 24 (2013). 10

6 Causation Defense Verdict JUDGE HERMAN DETERMINES THAT BECAUSE THE DEFENSE EXPERT DID NOT UNEQUIVOCALLY ADMIT THAT THE PLAINTIFF WAS HARMED IN THE MOTOR VEHICLE COLLISION, PLAINTIFF S MOTION FOR A NEW TRIAL DENIED. Helmick v. Pace, 30 Franklin Co. L. J. 392 (2013). 11

7 General Release RELEASING TORTFEASOR IN AN AUTOMOBILE COLLISION CASE RELEASES MEDICAL PROVIDERS IN A SUBSEQUENT MEDICAL MALPRACTICE CASE. Masusock v. Yablon, No. 293 EDA 2013 (Pa. Super. July 29, 2013) Memorandum Opinion. 12

8 Future Medical Bills COURT DENIES DEFENDANT S MOTION IN LIMINE TO LIMIT THE ADMISSION OF PLAINTIFF S FUTURE MEDICAL BILLS. Hall v. Rite Aid, 61 Chester County L.R. 306 (2013). 13

9 Failure to Report a Phantom Vehicle FAILING TO TIMELY REPORT A PHANTOM VEHICLE IN A UM CLAIM CAN CREATE SUFFICIENT PREJUDICE FOR UM INSURER TO DENY COVERAGE. Vanderhoff v. Harleysville, No. 98 MAP 2012 (Supreme Court Oct. 30, 2013). 14

10 Punitive Damages JUDGE RAMBO ALLOWS AMENDMENT OF COMPLAINT TO ADD PUNITIVE DAMAGES IN A TRACTOR-TRAILER COLLISION. Stemrich v. Zabiyaka, No. 1:12-CV-1409 (M.D. Pa. July 2, 2013). 16

11 Punitive Damages and Sleep JUDGE MANNION DENIES DEFENDANT S MOTION TO DISMISS WHERE PLAINTIFF ALLEGED PUNITIVE DAMAGES BASED ON TRACTOR-TRAILER DRIVER FALLING ASLEEP. Coello v. Frac Tech Services, No. 3: (M.D. Pa. Oct. 10, 2013). 17

12 Punitive Damages and GPS JUDGE NEALON GRANTS SUMMARY JUDGMENT BASED ON LACK OF EVIDENCE THAT THE DEFENDANT WAS DISTRACTED BY LOOKING AT HIS GPS. Rockwell v. Knott, No. 12-CV-1114 (C.P. Lackawanna Aug. 13, 2013). 19

13 Bad Faith JUDGE RAMBO DENIES DEFENDANT S MOTION TO DISMISS A BAD FAITH COUNT IN A UIM CASE. Shaffer v. State Farm, No. 1:13-CV (M.D. Pa. Oct. 15, 2013). 21

14 Insurer Can be Identified in a UIM Koken Case SUPERIOR COURT HOLDS NOT A VIOLATION OF PA. R. E. 411 FOR A UIM INSURER TO BE IDENTIFIED AT KOKEN TRIAL. Stepanovich v. McGraw/State Farm, 2013 Pa. Super

15 Koken Trial Evidence JUDGE MUNLEY HELD THAT JURY IS TO BE TOLD OF THE TORTFEASOR S LIABILITY INSURANCE LIMITS, THE AMOUNT PLAINTIFF HAS RECEIVED FROM THAT INSURANCE, AND THE AMOUNT OF UIM COVERAGE THE PLAINTIFF PURCHASED. Noone v. Progressive, No. 3:12-cv-1675 (M.D. Pa. May 28, 2013). 23

16 Severance in Koken Cases JUDGE EVANS DENIES DEFENDANT S PRELIMINARY OBJECTIONS SEEKING SEVERANCE BASED ON A FORUM SELECTION CLAUSE. Werner v. Jamison/Erie, No CV-3221-CV (C.P. Dauphin March 7, 2012). 24

17 Koken Discovery JUDGE LEWIS RULES PLAINTIFF S REQUEST TO DISCOVER THE BASIS OF DEFENDANT S UIM EVALUATION IS GRANTED. Welcomer v. Donegal, No CV-474 (C.P. Dauphin June 27, 2011). 25

18 II. Dauphin County Arbitrations Pa.R.C.P and Arbitration Memorandums 26

19 III. Dauphin County Rule 1311 Jury Trials Rule (a) Plaintiff to stipulate to $25,000 as a maximum amount of damages recoverable. The Election to Limit Monetary Recovery form must be served upon defense counsel at least thirty days from the date appeal was first listed for trial. Rule (b) The Notice of Intent to Offer Documentary Evidence form provides the format for the listing of documents to be offered at trial. Written notice must be given to the opponent at least twenty days from the date the appeal was first listed for trial. 27

20 PinnacleHealth System P.O. Box 8700 Harrisburg, PA ADM:12/4/08 EMERGENCY DEPARTMENT Patient seen at 1041 hours. CHIEF COMPLAINT: Neck pain. HISTORY OF PRESENT ILLNESS: This is a 60-year-old Hispanic woman who was the driver in a motor vehicle accident rear-ended yesterday. She had some pain in her neck initially. The pain in her neck has gotten worse. She reports increased pain with any movement. She also reports some pain radiating down her left trapezius area to the region of the deltoid muscle. She denies any motor weaknesses or any sensory deficits. She had no loss of consciousness. She was restrained. There was no airbag deployment. She denies other injuries. REVIEW OF SYSTEMS: She denies headache or visual change. She denies any facial injury. The pain in her neck is primarily left-sided in the paraspinal region and radiating down the trapezius to the region of her deltoid. She denies any thoracic region pain, any chest pain, difficulty breathing or palpitations. She denies any lumbar region pain, nausea, vomiting, or abdominal pain. She has had no incontinence of urine or stool. She reports no lower extremity injury. She does report a bruise on the lateral aspect of her left calf. She has no other complaints. The remainder of the review of systems unless stated above including HEENT, lungs, heart, abdomen, genitourinary system, musculoskeletal system, skin and neurologic systems are negative or noncontributory. PAST HISTORY: The allergies and medications are documented in the medical record and have been reviewed by me. Past medical history is notable for morbid obesity, diabetes mellitus and hypertension. FAMILY HISTORY: There is a prevalence of diabetes and hypertension in her family. SOCIAL HISTORY: She is a smoker. She denies drugs or alcohol. PHYSICAL EXAMINATION: Vital signs: The vital signs are documented in the nursing record. They have been reviewed by me. On physical examination, she is awake, alert, oriented and appropriate. She was ambulatory to the emergency department. She appears in no acute distress. Mental status/psychiatric: Judgment and insight appropriate for age. Oriented to time, place and person. No recent memory loss. Affect appropriate for age. HEENT: Normocephalic and atraumatic. Pupils are equal and reactive to light. Extraocular movements are intact. Her sclerae are anicteric. She has spasm of the paraspinal muscles on the cervical region on the left and some pain and tenderness in the trapezius muscle. There is no tenderness over the spinous processes of the cervical thoracic or lumbar spine. There is no deformity of the clavicles or shoulders. There is no tenderness over the sternum. Lungs: Breath sounds are present bilaterally. Heart is regular rate without murmurs, rubs, or

21 IV. Dauphin County Jury Trials See next page. See also, 28

22 BAR ASSOCIATION PAGE Continued MISCELLANEOUS SECTION DAUPHIN COUNTY COURT OF COMMON PLEAS As a service to members of the Dauphin County Bar Association, a brief synopsis of verdicts from each civil trial term will be printed. Summary of Verdicts from the August 2013 Civil Jury Term The Judges have completed the AUGUST 2013 civil jury term. One civil case reached verdict during the August civil term and the summary is as follows: AMANDA RAHMAN v. RALPH DAYHOFF (2012 CV 2973) On January 24, 2011, Defendant's pick-up truck struck the passenger side of Plaintiff's Honda Accord broadside after failing to stop at a red light. Defendant admitted negligence. Following the accident, Plaintiff declined medical care but went to the ER later in the day. Plaintiff, a recent college graduate, delayed seeking medical care due to cost concerns but went to a family doctor two months later. She attempted to attend a master's degree program but dropped out due to constant headaches and cervical neck pain. Defendant asserted an MRI showed no evidence of disc or soft-tissue injury and that Plaintiff's injuries were otherwise limited. Plaintiff sought pain and suffering damages; she did not seek any out-of-pocket medical care, future medical treatment, lost income or diminished earning capacity. The jury awarded Plaintiff $40,000. Counsel for Plaintiff: David Lutz Counsel for Defendant: John Stengal Judge: Jeannine Turgeon Verdict: Plaintiff - $40,000

23 V. Central Pennsylvania Koken Verdicts Rose v. Westfield, No Cv-7076-CV (C.P. Dauphin September 11, 2013). Jury verdict for Defendant on September 11, Judge Bratton. 29

24 IT HAS BEEN SAID THAT DEMOCRACY IS THE WORST FORM OF GOVERNMENT EXCEPT ALL OTHERS THAT HAVE BEEN TRIED. 30