DAMAGES-PAIN AND SUFFERING

July 25th, 2022 by Rieders Travis in Damages

Hamm v. Perano, PA No. 20-00598 (C.P. Lycoming June 22, 2022) (Linhardt, J.)  Plaintiff commenced this action on June 9, 2020 by filing a Complaint. Plaintiff alleges that on May 23, 2019, while performing yardwork at the mobile home lot she rented from Defendants, she fell through an unsecured manhole cover, causing her to sustain serious bodily injury. Plaintiff claims that as owners of the premises, Defendants negligently failed to secure the cover, inspect the property for dangerous conditions, or take reasonable other affirmative actions to prevent Plaintiff from harm. In the absence of any positive law indicating that the “discomfort, inconvenience, and distress” that may attend ongoing doctor’s visits is excepted from this general requirement, the Court will allow Plaintiff to present evidence of the need for future medical treatment to the jury, both to establish this specific component of pain and suffering and as evidence of Plaintiff’s future pain and suffering generally. Although it is quite possible the jury could view these as “transient rubs of life” that do not warrant compensation, it is for the jury rather than the Court to make that determination in the first instance.

Attorney Cliff Rieders

Attorney Cliff RiedersCliff Rieders is a Nationally Board Certified Trial Lawyer practicing personal injury law. A large part of his practice involves multi-district litigation, including cases related to pharmaceuticals, vitamin supplements and medical devices. He is admitted in several state and federal courts, as well as the Supreme Court of the United States. Rieders is the past regional president of the Federal Bar Association and is a life member of the distinguished American Law Institute, which promulgates proposed rules adopted by many state courts. He is a past president of the Pennsylvania Association for Justice, formerly Pennsylvania Trial Lawyers Association. As a founder of the Pennsylvania Patient Safety Authority, he served on the Board for 15 years.

Not only has Rieders held many highly esteemed, leadership positions, he authored legislation related to the Patient Safety Authority and the Mcare Act, which governs medical and hospital liability actions in Pennsylvania. He authored texts upon which both practitioners and judges rely, including Pennsylvania Malpractice Laws and Forms, and Financial Responsibility Law Issues in Pennsylvania, the latter governing auto and truck collisions in Pennsylvania. In addition, he wrote several books on the practice of law in Pennsylvania regarding wrongful death and survivor actions, insurance bad faith, legal malpractice claims and worker rights, among others. Rieders also serves as a resource to practitioners as a regular speaker for Celesq, an arm of the world’s largest legal publisher, Thomson Reuters West Publishing.

As recognition of his wide range of contribution to his profession and of his dedication to protecting the rights of his clients, he received numerous awards, among them the George F. Douglas Amicus Curiae Award, the Milton D. Rosenberg Award, the B’nai B’rith Justice Award, and awards of recognition from the Pennsylvania Trial Lawyers. [ Attorney Bio ]