On June 29, 2015, Donald Berger was driving his minivan east on Hulton Road, in Penn Hills Township. Unfortunately, he was involved in a head-on collision with Caleb Wilson, who was heading west. Caleb Wilson caused the accident, after he crossed the roadway’s center line.
Unfortunately, Berger suffered injuries, particularly on his back, head and one leg.
Berger sued Wilson. According to Berger, Wilson was driving negligently. Defense counsel conceded liability. The trial addressed damages.
Berger sued Wilson for negligent driving.
Berger was rushed to hospital by an ambulance. After his initial assessment, Berger was diagnosed with paraplegia due to various injuries including comminuted distal radial fracture of the left femur, a nasal fracture, nasal lacerations, dislocation of the left index and ring fingers, rib fractures, closed head injury, great toe fractures, and a fracture of the T5 vertebra.
Berger was admitted and an external fixator was placed on his left thigh. Later, Berger was taken in for open reduction and internal fixation with bone grafting, which involved fixing his left femur fracture with surgical plates and screws.
During his stay in the hospital, Berger experienced a heart attack and pulmonary embolism. Consequently, a blood-clot filter was implanted and removed in February 2017. After stabilizing, he was transferred to an inpatient rehabilitation facility where he underwent extensive physical therapy. Berger was also suffering from impaired word fluency due to a frontal lobe injury.
When Berger was discharged, he experienced various complications including vascular problems on his legs, chronic venous stasis on both legs, and edema and ulcers on his toes. Additionally, the broken skin on his toes needs to be wrapped and monitored on a daily basis. Other than that, Berger has developed muscle spasticity and neurogenic bowel and bladder dysfunction.
According to physical medicine and life care planning experts, Berger’s future medical needs include a total left-knee replacement, medication, neuropsychological testing and treatment, handicap modifications and medical monitoring.
Before his accident, Berger would sometimes use a wheelchair due to multiple sclerosis. According to his testimony, he was still able to live an independent lifestyle despite his condition. However, Berger is now confined to a wheelchair due to the various injuries caused by the accident. Consequently, he requires round-the-clock assistance for activities like dressing, bathing and using the washroom.
Berger sought to recover $2.3 million to $3.6 million in future medical costs, including damages for past and future pain. Additionally, Berger sought compensatory damages for suffering and disfigurement.
According to his wife’s testimony, she has become his caregiver due to his limitations. According to the wife’s testimony, wrapping and binding Berger’s swollen feet and broken skin is laborious and exhausting. Therefore, she sought damages for loss of consortium.
According to the testimony given by the defense’s expert orthopedist, Berger femur fracture healed well, and he does not need knee replacement. Additionally, the defense’s life care planning expert testifed that Berger’s future treatment for his auto accident injury would be minimal. According to the expert’s statement, if the accident had not occurred, Berger would have still required assistance with his day-to-day activities due to his multiple sclerosis.
According to the Jury, the sum total of Berger’s damages was $2.1 million.
This report is based on information from the plaintiff’s counsel. Defense counsel did not respond to calls for comment.
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Berger v. Wilson
Verdict: $2.1Million
Date of Verdict: May 22.
Court and Case No.: C.P. Allegheny No. GD-17-007297.
Judge: Patrick M. Connelly.
Type of Action: Motor vehicle.
Injuries: Back, head and leg injuries.
Plaintiffs Counsel: Joshua P. Geist, Goodrich & Geist, Pittsburgh and Gary L. Ciao, Ciao, Torisky and O’Connor, Pittsburgh.
Plaintiffs Experts: Edward R. Westrick, orthopedic surgery; Pittsburgh; Varsha A. Desai, life care planning; Blue Bell; Charles J. Burke III, orthopedic surgery; Pittsburgh; Richard B. Kasdan, neurology, Pittsburgh; William M. DeMay, physical medicine; Johnstown.
Defense Counsel: Marc B. Zingarini and Elizabeth C. Grabey, McGivney, Kluger & Cook, Philadelphia.
Defense Experts: Kathleen Ryan Kuntz, life care planning, Jamison.
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