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Rear end collision - Injuries to neck, low back and right knee - Lumbar radiculopathy - Limited tort action.

Philadelphia County (37892)

This was a limited tort action which arose from a rear end collision to the back of a vehicle driven by the plaintiff. The defendant admitted negligence, but denied that the plaintiff suffered a serious impairment as a result of the accident. p 7 3 The plaintiff was a female, approximately 40 years old at the time of the accident, which occurred on Roosevelt Boulevard. The plaintiff testified that she continued to suffer neck and back pain associated with the collision.

The plaintiff’s physician testified that the plaintiff sustained sprain and strain injuries to her neck, back and right knee as a result of the accident. He opined that the plaintiff suffered lumbar radiculopathy related to her back injury (the radiculopathy was confirmed by impairment testing) and that the plaintiff’s neck and back injuries were permanent. The plaintiff treated for three months following the accident.

The defendant’s neurologist opined that there was no objective evidence to support the plaintiff’s claim that she suffered an ongoing injury. Evidence also showed that there was minimal property damage to the plaintiff’s vehicle as a result of the collision.

The jury found that the defendant’s negligence was not a substantial factor in causing injury to the plaintiff.