Mitchell Gallagher attorneys tried two automobile accident cases in October 2010. Both resulted in zero verdicts, even though negligence was admitted by both defendants.
In Hart v. Henniger, a case tried in the Court of Common Pleas of Northumberland County, Sean Roman was faced with a case involving a claimed serious back injury, resulting from a collision of two vehicles. The plaintiff had limited tort insurance, and was allowed by the court to seek only economic damages and non-economic damages caused by a "serious injury."
The case was complicated by the fact that plaintiff had been involved in a previous accident with similar injuries to those claimed in the suit. He had primarily chiropractic care for both accidents.
The jury returned a verdict finding that there was no serious injury. In addition, no economic damages were awarded by the jury.
In Lycoming County, Gary Weber tried another limited tort case. The plaintiff in Hulion v, Helton, claimed serious neck injuries that caused her to suffer continuous pain for which she obtained nerve block injections from a pain management doctor. She also had physical therapy and chiropractic care.
Evidence was submitted to the jury of pre-existing arthritis in plaintiff's neck. She denied prior neck problems.
The jury found no serious injury and awarded nothing for plaintiff's claimed lost wages or medical expenses.