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Personal Injury Verdicts & Awards

Pasco v. Met Life Auto and Home $550,000 Arbitration Award

Monday, August 23, 2004
Page 27 PLW 956

UIM Claim Settles in Arbitration

Date of Arbitration:
June 14, 2004
Board of Arbitrators:

Jacqueline Musto Carroll, Pittston (plaintiff's arbitrator); James J. Wilson, Scranton (defense arbitrator); and J. Timothy Hinton, Scranton (neutral arbitrator).

Type of Action:

Underinsured motorist claim arbitration.

Aggravation of pre-existing degenerative disc disease.

Plaintiffs Attorney:
David A. Aikens Jr., Hourigan Kluger & Quinn, Kingston.

Defense Attorney:
Maureen Jordan, Post & Schell, Allentown.

Plaintiffs Experts:
Carl R. Steindel, M.D., orthopedic surgery, Scranton; Kenneth W. Gentilezza, M.D., physiatry, Scranton; Richard E. Fischbein, M.D., psychiatry, Wilkes-Barre; S. Ross Noble, D.O.,. orthopedics, .Reading; Patricia Chilleri, rehabilitation, Kingston.

Defense Experts:
David R. Cooper, M.D., orthopedic surgery, Wilkes-Barre; John H. Presper, M.D., neurosurgery, Wilkes-Barre; Robert W. Mauthe, physiatry, Quakertown; Timothy J. Michals, M.D., psychiatry, Philadelphia; William Walker, vocational expert, Scranton; David T. Bunin, ES.A, C.L.U., actuarial economic . consultants, Wynnewood.

John Pasco, 58, was driving in Taylor, Lackawanna County, on a two-way street on Oct. 29, 2000, when his vehicle was struck head-on by another automobile propelled forward by a rear-end collision, according to his attorney, David A. Aikens Jr. The impact forced Pasco's vehicle to swerve off the road, striking a concrete storm drain and causing the plaintiff injuries.

As a result of the collision, Aikens said, Pasco's treating physician diagnosed him with aggravation of his pre-existing degenerative disc disease of the cervical and lum-bar spine. His third-party insurance cover-age provided $100,000 in coverage.

Aikens claimed that Pasco's injury rendered him permanently disabled and. pre-vented him from resuming his former job as an auto mechanic and car repair shop owner. Defense attorney Maureen Jordan contended that Pasco was not permanently disabled and could perform light and sedentary activity, such as customer service in his car repair shop.

The parties took the matter to arbitration with a panel of three arbitrators. During the arbitration session, the arbitrators awarded $500,000 to Pasco. According to Jordan, Met Life was entitled to a credit of $100,000 from his original tortfeasor, molding the payment to $400,000.

PLEASE NOTE: Every case is fact specific, and these results do not guaranty the same results will be obtained in a different case.

About HKQ Law

Hourigan, Kluger & Quinn is considered one of the top civil litigation and commercial law firms that has had the privilege of representing more families in the courtroom than any other NEPA firm. The attorneys at HKQ Law have been honored as Super Lawyers, Best Lawyers, Best Law Firms by US News and World Report, and have received the AV Preeminent Rating by Martindale-Hubbel. HKQ Law was recently recognized for one of the top 20 Verdicts in Pennsylvania.

The firm’s Personal Injury Team, led by Attorney Joe Quinn, Jr., has won some of the largest verdicts and settlements in the region's history. The Personal Injury Team focuses on a wide array of personal injury claims and civil litigation, including medical malpractice, auto and truck accidents, aviation accidents, unsafe vehicles, dangerous or defective products, workplace injuries (worker's compensation), construction site accidents, claim denials by insurance companies, dangerous drugs, defective children's products, nursing home abuse and neglect, and falls due to unsafe conditions (slip and fall).

Attorney Joseph A Quinn, Jr. is one of only 100 attorneys in the United States (and one of only three in Pennsylvania) honored with membership in the Inner Circle of Trial Advocates, and one of only 500 attorneys worldwide chosen to be a Fellow of the International Academy of Trial Lawyers. He has been a Pennsylvania Super Lawyer every year since the program began and has been listed in The Best Lawyers in America every year since the publication was established in 1987. Best Lawyers also named him top personal injury attorney for Northeastern Pennsylvania and the Lehigh Valley. In addition, Best Lawyers, in conjunction with U.S. News & World Report, has designated HKQ a Tier 1 Best Law Firm across multiple categories in Northeastern Pennsylvania and the Lehigh Valley.

Since the inception of the firm, the Commercial / Corporate Team led by Attorney Allan Kluger has provided comprehensive, integrated legal services to many of Northeastern and Eastern Pennsylvania's largest corporations, businesses, banks, non-profits and institutions, handling matters involving labor and employment, wills, trusts and estate planning, estate administration, elder law, commercial transactions, residential and commercial real estate, zoning, land use and development, telecommunications, mediations and arbitrations, commercial litigation, title insurance, business planning and business succession, corporate/business structuring, employment discrimination law for employers, banking, creditor’s rights, finance, lender liability defense, covenants not to compete, construction law, mergers and acquisitions and other business matters.

Additional information can be found at or by calling (800) 760-1529.



As Hourigan, Kluger and Quinn addresses the concerns raised by COVID-19, the health and safety of our clients, employees and friends of the firm remain our top priority.

These are very difficult and scary times and we hope that you and your loved ones are safe and symptom free. We recognize that so many of you are understandably anxious about your health, the economic impact of this pandemic and all of the consequences of social isolation.

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