Phila. Jury Finds Passenger Sustained Serious Injuries
Hall v. Irving $100,000 Verdict
Elsie Hall sued Irving; however, Irving was found to be uninsured, a pretrial memorandum from State Farm Mutual Automobile Insurance Co. said. Elsie Hall sought limited tort recovery from State Farm, with which she had an uninsured motorist policy. Counsel for Irving joined Hayden Hall as an additional defendant. Irving did not appear at trial.
Elsie Hall contended that Irving was 100 percent liable for the accident.
According to State Farm's memo, Hayden Hall was comparatively liable for the collision. The memo said that Irving had intended to cross into the left turning lane, and the light at the intersection was red for northbound traffic, which was the direction the Hall vehicle was traveling. The vehicles in the right and center lane had stopped for Irving, allowing him to pass, the State Farm memo said. The memo further said that Hayden Hall admitted he did not see the Irving vehicle until the plaintiff screamed just before the accident occurred. If Irving had established himself in the left lane before the accident, State Farm's memo argued, Hayden Hall shared the greater portion of liability.
Following the accident, the plaintiff presented to the emergency room of Albert Einstein Medical Center, the plaintiff's memo said. She subsequently began treating at Spring Chiropractic and Rehabilitation Center with chiropractor Monica Cash, the plaintiff's memo said. Elsie Hall complained of back and chest pains, as well as dizziness and headaches. She then underwent a course of physical therapy, electric stimulation, massage therapy, traction, exercise and spinal manipulation. Afterward, she was seen by Dr. Geoffrey W. Temple.
Elsie Hall subsequently underwent an MRI that revealed disc desiccation, a herniated disc at C4-5, and bulging discs at C6-7, C7-T1, T5-6 and T6-7, her memo said. The MRI also allegedly revealed a protrusion and herniated disc at C3-4, and protrusions at T10-11 and T12-L1. An electromyography also revealed cervical radiculopathy, including left C4-5 and right C5-6 nerve root damage, the plaintiff's memo said.
The injuries allegedly led Hall to have difficulty performing her daily activities.
According to Hall's memo, Temple opined that she suffered permanent injuries as a result of the accident and she may need additional pain management, including trigger-point and epidural injections, as well as facet blocks.
State Farm, in its memo, contended that Hall did not suffer serious injuries as a result of the accident, but only sprains and strains. Hall, the memo further argued, had suffered from a pre-existing condition.
The memo said that neither car was driving fast when the accident occurred, that the impact was minimal and there was not much damage to the vehicles. The memo further noted that no police were called following the accident and that the accident was not reported until days later. The police report that Hayden Hall made, the memo further said, was at odds with his testimony that his vehicle was at a complete stop when the accident happened. The memo further said that the accident report incorrectly reported the date of the accident.
According to State Farm's memo, the plaintiff went to a restaurant with family members after the accident and did not present to the emergency room until several hours later.