Pennsylvania Verdicts
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Amount:
$1,193,795
Type:
Verdict-Plaintiff
State:
Pennsylvania
Venue:
Beaver County
Court:
Beaver County Court of Common Pleas
Injury Type(s):
arm; arm-scar and/or disfigurement, arm;
elbow; elbow-lateral epicondylitis; other-swelling; other-unconsciousness; other-physical therapy; other-cortisone injections; other-chronic pain syndrome; face/nose-facial laceration
Case Type:
Insurance – Coverage, Bad Faith; Motor Vehicle – Head-On, Passenger, Multiple Vehicle, Underinsured Motorist
Case Name:
Britney Alviani v. Horace Mann Insurance,
No. 11533-2014
Date:
March 17, 2016
Plaintiff(s):
Britney Alviani (Female, 23 Years)
Plaintiff Attorney(s):
Keith R. McMillen;
McMillen, Urick, Tocci, and Jones;
Aliquippa,
PA,
for
Britney Alviani ■ Kelly M. Tocci;
McMillen, Urick, Tocci, and Jones;
Aliquippa,
PA,
for
Britney Alviani ■ Chad F. McMillen;
McMillen, Urick, Tocci, and Jones;
Aliquippa,
PA,
for
Britney Alviani
Plaintiff Expert(s):
Oriente DiTano; M.D.; Orthopedic Surgery; Coraopolis,
PA called by:
Keith R. McMillen, Kelly M. Tocci, Chad F. McMillen ■ William Reed; Ph.D.; Vocational Rehabilitation; Pittsburgh,
PA called by:
Keith R. McMillen, Kelly M. Tocci, Chad F. McMillen
Defendant(s):
Horace Mann Insurance Co.
Defense Attorney(s):
Michael E. Lang;
Margolis Edelstein;
Beaver,
PA,
for
Horace Mann Insurance Co.
On July 18, 2012, plaintiff Britney Alviani, 23, a barber’s apprentice, was a front-seat passenger in a Jeep that was struck head-on by a sport utility vehicle, in New Brighton. The Jeep had just exited a church parking lot when the SUV entered its lane and caused the accident. The driver, who had passed out at the wheel, was convicted of driving under the influence. Alviani claimed serious injuries to her right arm. The driver tendered her insurance policy limit of $15,000. Alviani sued her insurer, Horace Mann Insurance Co., alleging that under-insured motorist coverage was owed due to her serious injuries, and that the carrier committed bad faith by denying her coverage. Alviani was insured under five Horace Mann auto policies, each providing $50,000 in UIM benefits, for a total of $250,000. The parties agreed to bifurcate the UIM and bad-faith claims; the latter would be tried at a later date. Horace Mann stipulated to the other driver’s negligence, and the case was tried on the issues of damages.
Alviani was thrown forward and struck the windshield, rendering her unconscious. At impact, she struck her right (dominant) arm at the elbow, but did not recall how. She was brought by ambulance to an emergency room, where she was treated for a facial laceration and released. Swelling was noted in her elbow. Within a week of the accident, Alviani followed up with an orthopedic surgeon, with whom she had treated for an unrelated injury. She was diagnosed with lateral epicondylitis, or "tennis elbow," a painful condition affecting the muscles and tendons. She was fitted with a brace for a few weeks and then a cast, which she wore for an additional three weeks. She further treated with a course of physical therapy and a series of cortisone pain-killing injections. After it was determined that conservative treatment was unsuccessful, Alviani underwent surgical repair of her elbow, in January 2013. She then resumed conservative treatment, which included wearing a brace and cast and treating with physical therapy and cortisone injections. A revision surgery was performed in December. Still experiencing pain and limitations, Alviani sought a second opinion at a hospital in Cleveland, which confirmed that no further treatment was available. Alviani’s expert in orthopedic surgery opined that her injury is permanent and that her symptoms and limitations will not improve. According to the expert, Alviani, who is unable to lift more than one pound, will be unable to return to her job as a barbershop apprentice due to the repetitive use of the elbow. In February 2015, Alviani began employment at a mortgage-closing company but was laid off one year later. She was accommodated in the position by taking frequent breaks and using handicapped-accessible computer equipment. She continued to wear a brace, consult with her surgeon, and take pain medication. Alviani claimed that she had met the requisite hours to sit for the barber’s license exam and had plans to open her own shop. She sought to recover $65,000 for past lost wages and from $892,000 to $1.14 million for loss of earning capacity. Alviani claimed that she has good motion in her elbow but runs into problems with repetitive use. This requires her to be more conscious when performing activities of daily living. She further sought damages for past and future pain and suffering. Horace Mann’s expert in orthopedic surgery, who examined Alviani, opined that she was able to be gainfully employed despite her injury. Horace Mann’s counsel pointed out that Alviani had been working full-time at the mortgage-closing company and earning more than she had as a barber. The insurer’s expert in vocational rehabilitation opined that she had no future lost earnings and that her total economic loss was $49,830.
The jury determined that Alviani would receive $1,193,795.
Britney Alviani: $65,000 Personal Injury: Past Lost Earnings Capability; $1,028,795 Personal Injury: Future Lost Earnings Capability; $100,000 Personal Injury: pain and suffering
Judge:
James J. Ross
Demand:
$250,000
Offer:
$115,000
Trial Length:
4
days
Trial Deliberations:
5
hours
Jury Vote:
12-0
Post Trial:
The parties settled Alviani’s UIM and bad-faith claims, under confidential terms.
This report is based on information that was provided by plaintiff’s and defense counsel.