In May 2014, a City of Allentown Police Officer was involved in an auto accident with a citizen while on patrol. The plaintiff in the case alleged serious and permanent disabling injuries and pain as a result of the accident and filed suit. While the Police Officer and City conceded some negligence for the accident, neither believed the Officer was 100% responsible for the collision. Further, the defendants disputed both the nature and extent of the plaintiff’s alleged injuries.
Joseph S. D’Amico, Jr., one of FL&B’s seasoned trial attorneys defended the Officer and City before a jury in January 2017.
Mr. D’Amico utilized both documentary evidence and testimony to argue why blame should be shared between both the plaintiff and the defendant Officer. Additionally, using the plaintiff’s own medical records, pre-existing health and disability issues, and discrepancies in her claims of injury, Mr. D’Amico dismantled the plaintiff’s assertions that she was permanently disabled as a result of the accident.
After a three-and-a-half day trial, the jury deliberated approximately two hours and found the Officer was 60% negligent and the plaintiff was 40% comparatively negligent for the accident. More importantly, Mr. D’Amico was able to establish the plaintiff’s pre-accident level of activity and function and successfully discredited the plaintiff’s claims of accident-related, disabling injuries and permanent loss of bodily function. Therefore, the plaintiff did not recover any money damages from the City.
