BBS Member Stephany Gordon Achieves Major Defense Victory in PA Superior Court

Congratulations to BBS Member Stephany Gordon and attorney Stephen Trzcinski! The Pennsylvania Superior Court recently affirmed judgment in favor of the defendant at jury trial in Philadelphia County. The plaintiff alleged serious bodily injury resulting from a motor vehicle accident. During the trial, the plaintiff objected to the admissibility of evidence pertaining to prior work injuries, to cross-examination of plaintiff’s expert witness regarding the prior suspension of his medical license, and to a jury instruction regarding the plaintiff’s obligation to mitigate damages. Despite the defendant stipulating to causing the accident, the jury concluded the defendant’s negligence was not a factual cause of injury to the plaintiff. The Plaintiff appealed. The Superior Court affirmed the defense verdict holding the trial court properly admitted evidence of prior injuries and did not abuse its discretion by charging the jury about mitigation of damages. Although the Court did find the trial court erred by allowing cross-examination about the license suspension of plaintiff’s expert, such error was harmless. If you would like a copy of the Opinion, please reach out to Stephany at gordon@bbs-law.com.