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LIMITED TORT RECOVERIES

Limited Tort Plaintiff Recovers $140,000 after Philadelphia Car Accident by City of Philadelphia Employee

This case arose from a November 2013 motor vehicle collision in which the plaintiff was driving on 29th Street in Philadelphia, and was struck from behind by a City of Philadelphia minivan. Following the collision, the plaintiff began to experience significant pain in her neck and back for which she sought months of physical therapy and chiropractic care. When this conservative treatment failed, she sought the opinion of an orthopedic surgeon, who ultimately performed a lumbar foraminotomy and laminotomy surgical procedure. However, despite the extensive orthopedic care, the plaintiff continues to struggle with her back pain.

The defendants argued that, as the plaintiff has had multiple prior injuries to her lower back including several car accidents, that her injuries were not a result of the November 2013 collision but of a lifetime of wear and tear and various pre-existing traumatic injuries.

Nevertheless, Simon & Simon retained a medical expert who opined that not only were the plaintiff’s injuries a direct result of the November 2013 collision but that the injuries would likely need further treatment including additional surgical procedures. He additionally testified that the injuries are permanent in nature, a requirement to recover for pain and suffering against this municipal defendant.

Having failed to obtain its own medical expert to refute this, the defendant agreed to resolve the plaintiff’s claims for $140,000.

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