Opinion
Civil Action No. 02-8987.
October 29, 2004
MEMORANDUM AND ORDER
In this personal injury action arising out of an automobile accident, Plaintiff Joan Pitcherella seeks monetary damages for medical expenses, lost wages and pain and suffering. On December 11, 2000, at approximately 7:55 a.m., a car driven by Defendant Johannes Wilden struck the Plaintiff's car, head on, when his car crossed the center line on Route 10 in West Caln Township, Chester County, Pennsylvania. Plaintiff was taken to the hospital, treated for multiple injuries and later released. The Defendant has conceded liability in this case; therefore, the only issue before this court is damages.
Plaintiff claims that she has been permanently disabled and is unable to return to gainful employment as a result of the injuries she sustained in the December 2000 accident. Plaintiff asserts that her combined past and future earnings lost totals $108,050.00. This calculation is based on the fact that Plaintiff had previously worked as a housekeeper and beautician. In addition, Plaintiff's vehicle was declared a total loss after the accident. Plaintiff received payment under the collision coverage of her personal automobile insurance policy, but was personally responsible for the $500 deductible. Finally, Plaintiff is obligated to reimburse the Department of Public Welfare for medical payments made on her behalf following this accident, totaling $16,260.00.
Defendant argues that Plaintiff has not suffered any permanent injury as a result of the December 2000 accident, and consequently, has not received a permanent injury which would preclude her from returning to work. In support of this argument, Defendant points out that the Plaintiff has an extensive history of depression, a long-standing history of degenerative process in her neck and lower back, two right knee arthroscopic surgeries, and a prior slip-and-fall in 1995 where the Plaintiff apparently injured her neck, lower back and right knee.
A bench trial was held in this matter on September 27-29, 2004. Jurisdiction is based on diversity of citizenship. 28 U.S.C. § 1332. What follows constitutes the court's findings of fact and conclusions of law as to damages. Fed.R.Civ.Pro. 52(a).
Federal Rule of Civil Procedure 52(a) states in relevant part: "In all actions tried upon the facts without a jury . . . the court shall find the facts specially and state separately its conclusions of law thereon . . ."
I. Findings of Fact
A. The following undisputed facts were set forth in a pre-trial stipulation:
1. Plaintiff and Defendant were involved in an automobile accident with each other in icy conditions on December 11, 2000, on Route 10 in West Caln Township, Chester County, Pennsylvania.
2. The accident in which the parties were involved was caused by the Defendant when he left his proper southbound lane of travel and entered the Plaintiff's northbound lane of travel, striking the Plaintiff head on in the northbound lane on Route 10.
3. Plaintiff was taken from the scene of the accident to Brandywine Hospital by ambulance.
4. At the Brandywine Hospital, Plaintiff was admitted as an inpatient until December 14, 2000.
5. The injuries Plaintiff sustained as a result of the accident on December 11, 2000, were a laceration of the liver, laceration of the scalp, laceration of the right knee, and concussion.
6. At the time of the December 11, 2000 accident, Plaintiff was actively employed as a housekeeper.
7. Plaintiff previously worked as a beautician/hairdresser.
8. Plaintiff has not engaged in any gainful employment since the accident of December 11, 2000.
9. Plaintiff has incurred unpaid medical bills in the amount of $16,260.00 following the accident of December 11, 2000.
10. The truck that the Defendant was driving and was involved in the accident of December 11, 2000, was registered in the state of New Jersey.B. The following facts are based on evidence received at the bench trial:
1. Plaintiff worked as a hairdresser from 1970-1975.
2. Plaintiff worked part-time as a housekeeper at Heatherwood Retirement Community making $7.00 per hour.
3. Plaintiff was admitted to a psychiatric hospital in 1992 for suicidal ideation and depression.
4. Plaintiff was involved in a slip-and-fall incident at a Wendy's restaurant on January 18, 1995.
5. In that aforementioned slip-and-fall, Plaintiff sustained injuries to her right knee, neck, lower back and right ankle.
6. Following the 1995 slip-and-fall, Plaintiff was diagnosed with chronic neck changes at the C4-5, C-6 levels. Additionally, Plaintiff was diagnosed with degenerative changes at the L4-5 and L5-S1 levels following the 1995 slip-and-fall.
7. The Plaintiff underwent right knee arthroscopic surgeries in 1995 and 1996.
8. The Plaintiff was scheduled for a third arthroscopic surgery on September 24, 1997, but the Plaintiff canceled said surgery on September 15, 1997.
9. The Plaintiff sought treatment for depression and anxiety in September, October, and November of 2000.
10. As of the date of the December 2000 accident, Plaintiff was suffering from an arthritic right knee and arthritis in her neck and lower back. The injuries Plaintiff sustained in the accident exacerbated or accelerated that arthritis.
11. Plaintiff suffered cervical and lumbar strain as a result of the December 2000 accident.
12. Plaintiff suffers from chronic pain in the neck and in the lumbar portion of the spine as a result of the December 2000 accident.
13. An MRI of Plaintiff's lumbar spine, performed on September 5, 2003, showed disc protrusion at L5-S1 and disc bulging at L3-L4 and L4-L5.
14. An MRI of Plaintiff's cervical spine, performed on January 24, 2004, showed disc space narrowing and bone spurs an L3-L4, L4-L5 and L5-L6 as well as C6-C7.
15. Findings from the aforementioned MRI's showed degenerative disc disease, or "wear and tear arthritis." Dep. Dr. Simon at p. 22.
16. Plaintiff suffered post-traumatic stress disorder and post-concussion disorder as a result of the December 2000 accident.
17. The Plaintiff underwent a CT-scan immediately following the accident which returned negative.
18. The Plaintiff underwent a subsequent CT of the head on September 12, 2001, which returned negative for trauma.
II. Conclusions of Law
The following conclusions are entered:
1. This Court has jurisdiction of the subject matter of the action and the parties.
2. Plaintiff must prove by a preponderance of the evidence (1) a causal connection between the negligent conduct and the resulting injury, and (2) actual loss or damage resulting to the plaintiff. See Remo v. United States FAA, 852 F. Supp. 357, 365 (explaining the four elements of a negligence claim under Pennsylvania law).
2. Damages should be awarded for all injuries caused by the accident even if: (1) the injuries caused by the accident were more severe than could have been foreseen because of the plaintiff's prior physical condition; or (2) a preexisting medical condition was aggravated by the accident. If this Court finds that the plaintiff did have a preexisting condition that was aggravated by the defendant's negligence, the defendant is responsible for any aggravation caused by the accident. However, the defendant can only be held responsible for those injuries or aggravation of a prior injury or condition that was legally caused by the accident. RESTATEMENT (SECOND) OF TORTS: NEGLIGENCE § 461 (1965); PA. STANDARD SUGGESTED CIVIL JURY INSTRUCTIONS6.23 (vol. II) (2nd ed. 2003).
3. Plaintiff sustained injuries to her cervical and lumbar spine and right knee as a result of Defendant's negligence in the December 2000 accident.
4. Plaintiff suffered a concussion, post-concussion syndrome, and posttraumatic stress disorder as a result of Defendant's negligence in the December 2000 accident.
5. Plaintiff's injuries, both mental and physical, to took longer to resolve due to her fragile mental condition.
6. Plaintiff has not proven by a preponderance of the evidence that she was permanently injured as a result of the December 2000 accident and is, therefore, not precluded from returning to work in some capacity.
7. Plaintiff is entitled to recover the amount owed to the Department of Public Welfare for reimbursement of medical payments made on her behalf in the amount of $16,260.00.
8. Plaintiff is entitled to recover $500.00 for reimbursement of her deductible paid to her insurance company for her vehicle.
9. Plaintiff is entitled to recover $36,504.00 in lost wages. This figure is based on three years lost wages as (1) a housekeeper working twenty-two hours a week making $7.00 per hour and (2) a hairdresser working eight hours a week making $10.00 per hour. That amounts to $12,168.00 per year in lost wages.
10. Plaintiff is entitled to $50,000 for pain and suffering and loss of life's pleasures.
11. Based on the foregoing analysis, judgment is entered in favor of the Plaintiff, Joan Pitcherella, in the amount of $103,264.00.
An appropriate order follows.