TTH Attorney Shannon Harkins recently secured a victory at the Cumberland County Court of Common Pleas.  The case involved a rear end motor vehicle accident that occurred in 2018.  Plaintiff, who was 70 years old at the time, alleged that the accident caused compression fractures in the thoracic spine, among other injuries. Plaintiff alleged that the compression fractures continued to cause him great pain and physical limitations for the past seven years since the accident.  Plaintiff and his wife sought non-economic damages for pain & suffering, loss of enjoyment of life, and loss of consortium.

Negligence was not disputed but damages were contested.  Plaintiffs were limited tort electors, and thus, had to prove that the accident caused a serious injury in order to recover non-economic damages.  A serious injury is defined as a serious impairment to a body function.   Plaintiff argued that his injuries met this standard, as they prevented him from doing things he could do before the accident, such as mowing the lawn, clearing snow, and sleeping well.  In response, Shannon argued that any impairment of Plaintiff’s body function was not serious and not caused by the subject motor vehicle accident.

Shannon presented medical records showing a lack of treatment for the compression fractures, a medical opinion regarding non-accident-related conditions that impaired Plaintiff’s body function, and surveillance evidence showing that Plaintiff worked up to 12 hours per day at his family business after the accident.  Shannon argued, in the alternative, that even if the jury were to find that the accident caused serious impairment of a body function, Plaintiff failed to mitigate his damages, in that he failed to see a physician consistently or follow recommendations of medical professionals.  Following trial, the jury agreed with Shannon’s arguments and entered a verdict in favor of her client and against the Plaintiffs, finding that the subject accident was not the factual cause of a serious injury to Plaintiff.

Questions about this case can be directed to Shannon Harkins at (717) 237-7147 or sharkins@tthlaw.com.