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Motorist blamed for head-on crash resulting in brain damage

Amount:

$350,000

Type:

Verdict-Plaintiff

State:

Pennsylvania

Venue:

Allegheny County

Court:

Allegheny County Court of Common Pleas

Injury Type(s):

head; head-headaches; head-concussion; neck-whiplash; brain-traumatic brain injury; other-fatigue; sensory/speech-vision (photophobia), impairment (photophobia);
sensory/speech-vestibular deficits; mental/psychological-emotional distress; mental/psychological-cognition, impairment;
mental/psychological-post-concussion syndrome; gastrointestinal/digestive-gastrointestinal complications (nausea)

Case Type:

Motor Vehicle – Head-On, Lane Change, Multiple Vehicle

Case Name:

Kylie J. McKenna v. Eleanor Riston,
No. GD-13-018548

Date:

January 17, 2017

Parties

Plaintiff(s):

Kylie J. McKenna (Female, 17 Years)

Plaintiff Attorney(s):

Paul A. Tershel;
Tershel & Associates;
Washington,
PA,
for
Kylie J. McKenna

Plaintiff Expert(s):

James Rossi; M.Ed.; Vocational Rehabilitation; Pittsburgh,
PA called by:
Paul A. Tershel ■ Michael Collins; Ph.D.; Head Injury; Pittsburgh,
PA called by:
Paul A. Tershel

Defendant(s):

Eleanor Riston

Defense Attorney(s):

Stephen J. Magley;
O’Malley and Magley, L.L.P.;
Pittsburgh,
PA,
for
Eleanor Riston

Defendant Expert(s):

John Talbott;
Neurology;
Pittsburgh,
PA called by:
Stephen J. Magley ■ James Petrick;
Neuropsychology;
Pittsburgh,
PA called by:
Stephen J. Magley ■ Joseph Tarris;
Accident Reconstruction;
Harrisburg,
PA called by:
Stephen J. Magley

Insurer(s):

Encompass Insurance Co.

Facts:

On Oct. 9, 2011, plaintiff Kylie McKenna, 17, was driving through Upper St. Clair when she was struck head-on by a sport utility vehicle. She had been heading west on Skyridge Drive near Mayview Road, when her 2004 Mercedes-Benz sedan collided with a 2011 Cadillac SRX sport utility vehicle. The SUV had been going east when it entered Kylie’s lane. She claimed that she suffered brain damage. Kylie sued the other driver, Eleanor Riston, alleging that she was negligent by entering her lane. Riston contended that she had entered Kylie’s lane because she had driven around a car parked in the road. Her expert in accident reconstruction maintained that Kylie should have seen Riston enter her lane and stopped in time to avoid the accident. Kylie’s counsel motioned for directed verdict on the issue of negligence, which the court granted.

Injury:

Kylie, who did not strike her head, but suffered severe whiplash, was taken by ambulance to an emergency room, where a CT scan was negative. About three days later, she began to experience headaches, photosensitivity, photophobia, nausea, fatigue, emotional changes, hypersomnia, and cognitive deficits. She missed several days of school. On Nov. 3, the teen presented to a sports-medicine physician, who, after a battery of tests, diagnosed her with a concussion and post-concussion syndrome. She was put on a course of vestibular therapy. On Nov. 2 and Dec. 20, Kyle was seen by the physician and complained of continued symptoms of headaches, light and noise sensitivity, nausea, cognitive deficits, feelings of fogginess, sleep deficits, and increased emotional concerns. She was given medication and prescribed counseling. By March 2012, Kylie’s symptoms had improved, and she was able to attend classes (she had been receiving home-based instruction following the accident); however, she struggled academically and continued to experience some symptoms, primarily headaches. Neurocognitive tests showed improvements. Kylie began treating with a neurologist for migraines, which were occurring about six times per month. The migraines would be accompanied by symptoms of dizziness, photophobia, and neurocognitive difficulties. She continued to see her sports-medicine physician. In fall 2012, Kylie began her first semester at college. She struggled with certain classes and her grades were lower than expected. Throughout her college tenure, she allegedly battled with debilitating headaches. She was able to graduate with a degree in business. Kylie’s sports-medicine physician opined that the accident caused her to suffer post-traumatic migraines. Kylie discussed how her injuries interfered with her senior year of high school; she had to receive homebound instruction, and she was unable to participate in swimming (she was a member of the swim team). As a result, she lost her swimming scholarship. Kylie testified that she continues to experience migraines, and when she experiences them at her job, she has to step away and sit in a dark room until they dissipate. She sought damages for past and future pain and suffering, enjoyment of life, embarrassment and humiliation, and loss of a scholarship. Riston’s expert in neurology, who examined Kylie, testified that she did not suffer a concussion from the accident. Her expert in neuropsychology, conceded that she suffered a concussion, but said it did not cause the migraines that she alleged.

Result:

The jury found that Riston’s negligence was a factual cause of injuries sustained by Kylie, who was determined to receive $350,000. The jury determined zero damages for future loss of enjoyment of life, past and future embarrassment and humiliation, and loss of scholarship.

Kylie J. McKenna: $25,000 Personal Injury: Past Loss Enjoyment Of Life; $235,000 Personal Injury: Past Pain And Suffering; $90,000 Personal Injury: Future Pain And Suffering

Trial Information:

Judge:

W. Terrence O’Brien

Demand:

$100,000

Offer:

$20,000

Trial Length:

4
 days

Trial Deliberations:

2.5
 hours

Jury Vote:

10-2

Jury Composition:

2 male/ 10 female

Editor’s Comment:

This report is based on information that was provided by plaintiff’s and defense counsel and on court documents.