$50,000 Philadelphia Jury Verdict for Passenger Hurt When a Driver Hit a Car Stopped at a Red Light

On July 18, 2004, Lachette Smith was riding in the front passenger seat of her friend Edward Speight's car, which was stopped at a red light on Port Royal Avenue in Philadelphia. William Whitlock, coming from Henry Avenue, tried to turn left onto Port Royal Avenue and struck their car. An ambulance and police responded, and both occupants were taken to Roxborough Memorial Hospital, where they were X-rayed, given medication and released.

Ms. Smith was 29 at the time of trial and worked in accounting, a job that keeps her seated for long stretches. The trial judge's opinion records that she did not strike her head or lose consciousness. She had severe headaches for several days after the crash and continued to have non-migraine headaches, along with neck and back pain. She treated with her family doctor from July to November 2004, then with Dr. John Bowden from November 2004 through March 2005, with physical therapy and exercises, and she was also seen by a chiropractor. Dr. Bowden diagnosed post-traumatic and thoracic strain, hip-bone dysfunction behind her back pain, and post-traumatic headaches, all caused by the collision. She told the jury she felt pain when the weather turned damp and had trouble sleeping and with daily activities. Dr. Bowden described her outlook as guarded and uncertain.

The case was hard to try. Mr. Whitlock died in April 2006, two months before suit was filed, so the defendants were the co-executors of his estate. Before trial, the estate invoked Pennsylvania's Dead Man's Act, which bars a person with an interest adverse to a deceased party from testifying about events before the death. The trial court granted the motion, and neither plaintiff could describe the collision to the jury.

Marc F. Greenfield represented the plaintiffs, according to the court's opinion. Liability went in through an independent witness, the investigating Philadelphia police officer, who had 26 years on the force and had worked between 500 and 700 crash investigations. He told the jury that Mr. Whitlock was making a left turn from Henry Avenue when he hit the stopped car. Dr. Bowden's testimony came in by videotape. The estate had notice of the taping session and chose not to attend, which the court later treated as a waiver of its objections.

Testimony was heard on July 16, 2007. The jury awarded Ms. Smith $50,000 and Mr. Speight, whose knee and back injuries were separate, $75,000. Because Mr. Speight's award stands on its own injuries, it is not counted in this result.

The estate moved for a new trial, arguing that the officer and the doctor should not have been allowed to testify and that the awards were excessive. It also pointed to Pennsylvania's Motor Vehicle Financial Responsibility Law as a limit on recovery, but the court found the estate had put on no evidence of the insurance policy that would have supported that defense. On March 27, 2008, Judge Massiah-Jackson denied every post-trial motion and entered judgment for Ms. Smith in the amount of $50,000, calling the jury's verdict fair, thoughtful and reasonable. The Superior Court of Pennsylvania affirmed on August 26, 2009.