Carbon County Driver Fails to Prove Damages

Posted on: June 26th, 2012       Attorney Thomas Newell

A 2009 decision by President Judge Rodger Nanovic of the Carbon County Court of Common Pleas affirmed a jury verdict in favor of the Defendant and against the Pennsylvania personal injury claimant. Two motor vehicles were traveling on Mahoning Street in Lehighton PA when the Defendant rear-ended the Plaintiff’s van. Although the jury found that the Defendant was negligent, it ruled that the negligence did not result in any compensable injuries to the driver of the van.

The evidence showed that the Carbon County car accident victim denied any injury at the scene. He also waited until 3 weeks after the crash to receive his first medical care. At trial he admitted that he was involved in a second car accident soon after the 1st crash. He also later fell down 14 steps. Both of those incidents resulted in medical care being provided. His treating doctor admitted that the MRI’s did not show any bulges or herniations from the Lehighton auto accident. The personal injury claimant failed to comply with the recommended medical treatment and only saw a doctor recommended by his attorney.

In the cross examination of the Plaintiff’s expert, he admitted that his patient had seen a pain management specialist 16 days before the 1st crash for prior injuries which included left leg nerve damage and a lumbar spine operation requiring the installation of rods to support the low back. The Carbon County Trial Judge ruled that there was ample evidence to support the jury’s decision that the Plaintiff had not met his burden of proof regarding his damage claim relating to the Lehighton car accident. Righter v. Walter, Court of Common Pleas Carbon County PA, No. 04-0699 (March 9, 2009)

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