David Friedman recently secured a defense verdict for his client before a Berks County Jury. The Jury found 50% comparative negligence against the Plaintiff and awarded $0.00 in damages. The accident occurred on East Lancaster Avenue at its intersection with Lynoak Street in Berks County, Pennsylvania. Defendant’s vehicle was traveling behind Plaintiff’s vehicle as the two traveled westbound on East Lancaster Avenue. At the time of the accident, the roadway had been recently repaved but there were no lane markings, yet. The roadway was wide enough for two lanes and the Defendant believed that there were two lanes. Defendant stated that as the two vehicles approached the intersection, Plaintiff began to move left and activated his left-turn directional apparently to turn into the strip center near that intersection. Defendant then shifted to the right toward the curb and activated her right directional. Defendant believed that she was in the “right lane” and the Plaintiff was in the “left lane” as she pulled next to Plaintiff. As the Defendant was about to turn right, Plaintiff turned right directly into her vehicle. Plaintiff then got out of his vehicle and verbally accosted Defendant in a profane manner, which likely alienated the jury.
Plaintiff denied injury at the scene. Plaintiff did not seek medical treatment for 11 days after the accident. Thereafter, Plaintiff had two surgeries, a scope to his shoulder and a fusion to his neck. Plaintiff admitted to prior shoulder problems and but tried to deny prior neck problems despite medical records confirming those complaints. There were also other inconsistencies and contradictions in Plaintiff’s testimony. Plaintiff presented $25,000 in lost wages from his job as a police officer.
After a two day trial and three hours of deliberations, the jury found negligence apportioned 50/50 between Plaintiff and Defendant, and awarded zero damages. No post trial motions were filed.