Plaintiff
was a passenger in a vehicle that was rear ended
by Defendant's vehicle. Damage to both vehicles
was minor and Plaintiff, although complaining
of some pain and discomfort, did not seek medical
treatment for six weeks after the accident.
She
was ultimately diagnosed with a fractured vertebra
and underwent six surgeries. The last operation
fused her lumbar spine to the sacrum. Plaintiff
estimated that she had recovered to about 75%
of her pre-accident condition. She said she
could walk and drive for only fifteen minutes
at a time.
Plaintiff
has undisputed preexisting rheumatoid arthritis
and osteoporosis which caused her bones to be
extremely brittle and left her disabled. The
arthritis was asymptomatic at the time of the
accident according to medical testimony.
The
Defendant contended that given Plaintiff's long
history of bone and joint problems and any minor
trauma other than accident could have produced
her injuries.
The
matter settled for $1,000,000.00 just before
trial.
++++++++++++++++++++++++++++++++++++++++++++++++++++++
DUI Representative Cases-
*THE NAMES OF THE INDIVIDUALS HAVE BEEN CHANGED TO PROTECT THEIR IDENTITIES
Commonwealth v. xxx
An individual was leaving work in the early morning hours driving on Route 422 in Lower Providence Township. At some point the driver lost control of his car, likely falling asleep, and struck a abandoned vehicle on the shoulder of the road destroying both vehicles. The State Police arrived on the scene and arrested the driver. All charges were subsequently dismissed due to the arresting officer’s inability to prove the elements of the DUI crime.
Commonwealth v. xxx
The driver had been attending a house party in Abington Township. After the driver spent several hours in the home at the party, he was told by another guest that his car was illegally parked. The driver went to his car to move it to another part of the neighborhood driving it around the block several times. Prior to parking he lost control of his vehicle and struck a telephone pole. The police arrived at the scene and arrested the driver for DUI. All charges were dismissed.
Commonwealth v. xxx
A Montgomery County driver was operating his vehicle when stopped for speeding having been “clocked” by a police officer doing 48.5 mph in a 25 mph zone. When the police officer arrived at the vehicle the driver immediately provided an expired AAA card. The officer then asked for the driver’s license, registration and insurance information from the driver. The driver provided all documents. The officer noted a odor of alcohol and asked the driver to step out of the vehicle. The officer also noted that the driver was unsteady on his feet. Field sobriety tests nor a blood alcohol test was given. Subsequently, the DUI charges were dismissed, as the police officer was unable to prove intoxication based on his observations.
