A 2009 Decision by the PA Superior Court affirmed a Chester County jury’s verdict in favor of a Pennsylvania car accident victim. A woman was slowing down for traffic when she was rear-ended and then crashed into the car in front of her. She was treated for back injuries which she and her doctor felt were permanent.
The PA car crash victim received a favorable Arbitration Award. The Defendant’s attorney filed an Appeal and the case was heard by a jury. Her Pennsylvania personal injury lawyer presented the testimony of a chiropractor who had examined her at the request of the Defendant’s insurance company. This doctor’s testimony supported the conclusions of the treating doctor and the victim received a large verdict.
An Appeal was taken to the Pennsylvania Superior Court claiming that it was an error for the Trial Court to permit the doctor hired by the insurance company to testify for the car accident victim. Since the victim’s attorney did not discuss the case with the doctor before his voluntary testimony, there was no disclosure of expert-client communications and the Appeal was denied. Dolan v. Fissell, 973 A.2d 1009 (PA Super. 2009)
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