Lewis v. Letito

29 Pa. D. & C.4th 550
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedDecember 15, 1995
Docketno. 2373
StatusPublished

This text of 29 Pa. D. & C.4th 550 (Lewis v. Letito) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lewis v. Letito, 29 Pa. D. & C.4th 550 (Pa. Super. Ct. 1995).

Opinion

HILL, J,

I. PROCEDURAL HISTORY

This personal injury case was tried before a jury on June 12, 1995. Defendant’s liability was stipulated prior to trial. A verdict was entered in favor of plaintiff in the amount of $500. Plaintiff contends that the amount of the verdict was inadequate and has filed the following post-trial motion. Plaintiff’s motion for post-trial relief sets forth the following contentions of error:

(1) Inadequacy of the amount of the verdict;

(2) The jury disregarded the court’s instructions regarding compensating the plaintiff for all of her injuries;

(3) The jury verdict was compromised;

(4) Plaintiff was entitled to wage loss damages because the testimony regarding plaintiff’s wage loss went uncontradicted by defendant;

[552]*552(5) Plaintiff’s prior medical treatment was irrelevant and inadmissible;

(6) Defendant’s expert, Dr. Stephen Horowitz, was permitted to rely on the medical opinions of Dr. Randall Culp in offering his expert opinion.

II. FACTS

On a motion for new trial, the evidence must be viewed in the light most favorable to the non-moving party. Russell v. Monongahela Railway Co., 159 F. Supp. 650, 655 (W.D. Pa.), affirmed, 262 F.2d 349 (3d Cir. 1958). The evidence taken in the light most favorable to defendant, the non-moving party, is as follows.

On January 8,1993, at approximately 6 p.m., plaintiff, Esther Lewis, who was driving her 1987 Toyota Camry was rear-ended by an automobile driven by defendant Bartley Letito on Grays Ferry Avenue, Philadelphia. Plaintiff’s vehicle was stopped behind a Septa bus, in the right-hand lane. At the time it was raining.

Plaintiff testified that she was thrown forward and struck the dashboard with her hands. She was wearing her seat belt at the time of impact. As a result plaintiff testified she began to experience pain in both hands and in her right arm from the wrist to her shoulder. Plaintiff also admitted to suffering a prior medical condition of her right hand which had required medical treatment for aches and pains. After this accident plaintiff resumed treatment for her right hand. Plaintiff testified the pain she experienced after the accident was different than any pain she had experienced prior thereto.

Plaintiff did not seek medical attention until Sunday, January 10, 1993 two days after the accident, however she was denied treatment apparently because she lacked medical coverage. The next day January 11,1993 plaintiff went to her family doctor, Harry Frankel, M.D. for treatment of injuries alleged to have been sustained [553]*553in the accident. Dr. Frankel suggested plaintiff take ibuprofen and released her. Plaintiff testified that her pain persisted and she returned to Dr. Frankel, at which time he recommended X-rays. These X-rays were thereafter taken of plaintiff’s right arm and hand two weeks after the accident.

Plaintiff saw Dr. Frankel four times over a four month period, however, he never recommended physical therapy. Plaintiff alleged right hand pain persisted while all other pains in the other parts of her body had ceased. Dr. Frankel referred plaintiff to Dr. Randall Culp, of the Hand Center, in Philadelphia.

Plaintiff’s first visit with Dr. Culp was in April of 1993. Dr. Culp recommended an EMG and also over-the-counter medication. The EMG report dated May 24,1993 showed that plaintiff was suffering from slight right ulnar nerve cubital tunnel neuropathy, and that it was likely that the left median nerve had been affected, because there was neuropathy at both wrists. (Ex. D-l, p. 25.)1

Plaintiff saw Dr. Culp five times over eight months. Dr. Culp never recommended physical therapy although he concluded that plaintiff suffered from the early stages of carpal and cubital tunnel syndromes. (Ex. P-7, p. 10.)2 Plaintiff stopped treating with Dr. Culp in December 1993 because her right hand pain persisted.

Plaintiff testified that she then returned to Dr. Frankel who recommended her to Dr. Bong Lee, an orthopedic surgeon. After examining plaintiff in the first office visit, Dr. Lee recommended medication and physical [554]*554therapy for plaintiff’s right hand. This was performed at Graduate Hospital. Plaintiff received a specially made custom brace/support while treating at Graduate.

Plaintiff’s physical therapy lasted from January to March of 1994 and totaled 13 sessions. Physical therapy had started approximately one year after the accident and was completed March 18, 1994.

At the trial, plaintiff presented the videotaped deposition of Bong S. Lee, M.D. as her expert witness. Dr. Lee is board certified by the American Board of Orthopedic Surgery and qualified to practice in the areas of orthopedic and hand surgery. Dr. Lee examined plaintiff a total of three times.

Dr. Lee first examined plaintiff on January 10, 1994 at which time her chief complaints concerned her right hand. Dr. Lee diagnosed plaintiff as suffering from carpal and cubital tunnel syndromes, both of which were caused by a disturbance of the two nerves coming down to the right hand, indicating the median nerve and the ulnar nerve.

At the trial Dr. Lee testified within a reasonable degree of medical certainty that plaintiff’s condition was related to the January 8, 1993 accident, because prior to that time plaintiff never experienced nerve problems or carpal tunnel and cubital tunnel syndromes. Dr. Lee admitted that he did not review plaintiff’s X-rays, nor her EMG reports, stating that this was not standard medical practice. However, he admittedly relied on Dr. Culp’s medical report and findings in formulating his expert opinion. Moreover, based upon his experience as an intern at the Hand Center back in 1971 it was Dr. Lee’s experience that studies performed at the Hand Center were both accurate and reliable.

By plaintiff’s last visit with Dr. Lee there was considerable improvement and it appeared that the prescribed hand therapy was working. There was marked [555]*555increase in plaintiff’s range of motion, decreased discomfort, increased strength and no neurological deficit was noticed in the right hand. Further, Dr. Lee testified that no muscle atrophy was evident in plaintiff’s right arm. Also, Dr. Lee testified that he would go so far as to state that plaintiff had completely recovered because he considered total recovery to be without symptoms and without discomfort. Subjectively, plaintiff claimed she had minimum discomfort but objectively plaintiff did not suffer any neurological deficit which would indicate carpal and/or cubital tunnel syndromes.

Defendant called Stephen Horowitz, M.D. as his expert. Dr. Horowitz first examined plaintiff three days before the trial on June 6, 1995. Although the actual in-office examination took less than one half hour, Dr. Horowitz was able to make a diagnosis based upon a review of plaintiff’s medical history, review of x-rays of plaintiff’s right hand dated January 27, 1993, review of the EMG dated May 24, 1993, review of the reports of Dr. Culp and Dr. Lee and a physical examination.

In her office visit with Dr. Horowitz plaintiff complained chiefly of diffused achiness in her right hand and a burning sensation in her right elbow.

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Bluebook (online)
29 Pa. D. & C.4th 550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-letito-pactcomplphilad-1995.