Phila. Jury Finds Passenger Sustained Serious Injuries
Hall v. Irving $100,000 Verdict
State Farm also contended in its memo that Elsie Hall never sought treatment with her family physician after an initial call following the accident, and that none of the family doctor's notes mention the car accident. State Farm further contended that Hall had been receiving ongoing treatment for neck and back injuries related to a 2004 accident prior to the 2011 collision.
State Farm's memo further argued that Hall's chiropractic treatment was suspect, and that Cash never touched Hall during the treatment. The defense memo further contended that Cash referred Hall to her counsel. The memo further contended that Hall's initial emergency room visit was the only treatment she received for the first three weeks, and that her initial diagnosis was strains and sprains. The memo further argued that Hall did not treat for four months after the chiropractic care, and was directed to Temple for the purposes of litigation.
Dr. Joseph R. Verna, according to the defense memo, found only sprains and strains and further reported that the injuries were the result of aggravation of pre-existing cervical spondylosis. The doctor also found no traumatic injuries and deficiencies in the MRIs, the defense memo said.
After three days of trial, the jury deliberated for two hours and rendered a verdict in favor of the plaintiff. Elsie Hall was awarded $100,000 in pain and suffering. The jury found no liability against Hayden Hall.
According to State Farm's memo, Elsie Hall's insurance policy provides limits of $15,000/$30,000. Plaintiffs counsel said she made a claim for $60,000 in uninsured motorist benefits, but State Farm made no offers to settle the case prior to the verdict. Plaintiffs counsel plans to proceed with a bad-faith claim against State Farm.
"She was a likeable plaintiff," State Farm attorney Marc B. Bailkin said. "I don't know if they accepted their medicals or rejected ours, or went solely on liking her, or holding against the uninsured driver who wasn't present at trial."
— Max Mitchell, of the Law Weekly •