Pennsylvania Verdicts

Plaintiff(s):

Louis Farese (Male, 48 Years), 

Katharine Farese (Female)

Plaintiff Attorney(s):

Alfred V. Altopiedi;
Alfred V. Altopiedi, P.C.;
Springfield,
PA,
for
Louis Farese, Katharine Farese ■ Donna A. Casasanto;
Alfred V. Altopiedi, P.C.;
Springfield,
PA,
for
Louis Farese, Katharine Farese

Plaintiff Expert(s):

Alex Karras; O.T.R.; Life Care Planning; Jamison,
PA called by:
Alfred V. Altopiedi, Donna A. Casasanto ■ Andrew Shaer; M.D.; Radiology; Jenkintown,
PA called by:
Alfred V. Altopiedi, Donna A. Casasanto ■ Andrew Verzilli; M.B.A.; Economics; Lansdale,
PA called by:
Alfred V. Altopiedi, Donna A. Casasanto ■ Robert Sing; D.O.; Family Medicine; Springfield,
PA called by:
Alfred V. Altopiedi, Donna A. Casasanto ■ Michael Cohen; M.D.; Neurology; Bala Cynwyd,
PA called by:
Alfred V. Altopiedi, Donna A. Casasanto ■ Christian Fras; M.D.; Orthopedic Surgery; Broomall,
PA called by:
Alfred V. Altopiedi, Donna A. Casasanto

Defendant(s):

James Robinson, 

Venturi Technologies Inc.

Defense Attorney(s):

Gerard F. Lipiski;
Campbell, Lipski & Dochney;
Philadelphia,
PA,
for
James Robinson, Venturi Technologies Inc.

Defendant Expert(s):

Lee Harris;
Neurology;
Abington,
PA called by:
Gerard F. Lipiski

Insurer(s):

Zurich North America

On Aug. 29, 2014, plaintiff Louis Farese, 48, a co-owner of a diner, was rear-ended on Chester Pike at South Avenue, in Glenolden. He had been waiting to make a left turn at the intersection when his Ford Mustang was struck by a van. At impact, his car rolled over onto its roof. He suffered head, neck, and back injuries. Farese sued the driver, James Robinson, and Robinson’s employer, Venturi Technologies Inc., alleging negligence. Robinson stipulated to liability, and the case was tried on the issues of causation and damages.

Farese was taken by ambulance to an emergency room, where he was examined and diagnosed with a concussion, strains to his cervical and lumbar spine, and a forearm contusion. Four days later, Farese, complaining of pain to his neck and low back, presented to a sports-medicine physician, who put him on a course of physical therapy (e.g., massage, exercises) for about eight months. Farese came under the care of a neurologist, a spine surgeon, and pain management specialist, all of whom he continued to see at the time of trial. He underwent MRIs and was diagnosed with a herniation at cervical intervertebral disc C6-7, a lumbar annular tear at L4-5, and an aggravation of pre-existing conditions in his neck and low back. He treated with a series of occipital nerve-block injections for his headaches and multiple facet and trigger-point injections to his cervical and lumbar spine, which he continued to receive at the time of trial. He sought to recover $15,000 in outstanding medical costs. Farese’s physicians causally related his injuries and treatment to the accident. According to his spine surgeon, he requires an anterior decompression and fusion to his neck and a fusion and laminectomy to his back. He sought to recover $746,000 to $900,000 in future medical costs. Farese testified that he continues to experience debilitating headaches. His headaches and ongoing neck and back pain have severely impaired his ability to function, and have disrupted his ability to operate a diner. He no longer can stock items and receive deliveries and has heavily relied on his diner’s co-owner to perform physical tasks. The co-owner expressed his desire to sell the diner, since the work distribution is no longer 50/50. This has caused concern to Farese, since he would have difficulty finding a job that would accommodate his limitations. He sought damages for past and future pain and suffering. Farese’s wife discussed his limitations and how it has affected their relationship and family (they have two sons). She has been performing most household duties since the accident, she testified. She sought to recover damages for loss of consortium. Robinson and Venturi’s counsel cited Farese’s medical records to argue that he was not following his doctors’ recommendations. Counsel asserted that Farese’s injuries were not as severe as he claimed.

The jury determined that the Fareses would receive $2,579,000.

Katharine Farese: $416,000 Personal Injury: loss of consortium; Louis Farese: $15,000 Personal Injury: Past Medical Cost; $900,000 Personal Injury: Future Medical Cost; $1,248,000 Personal Injury: past and future pain and suffering

Judge:

Sean F. Kennedy

Trial Length:

3
 days

Trial Deliberations:

1.75
 hours

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel did not respond to the reporter’s phone calls.