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Student Injured in Car Accident Driving to School: Recently I was co-counsel on a case referred to me from local counsel. Our client, a minor, was a passenger in a vehicle driven by her friend on the way to high school. The driver lost control of the vehicle and went off the road striking 2 (two) trees. Our client was admitted to the hospital with a severe T3 fracture and compression fracture of T7. She ultimately required a fusion of her upper thoracic spine and was fitted for a brace to wear at all times. She spent 8 (eight) days in the hospital and was unable to return to school as she could not have any physical contact with anyone during the recovery period. She also incurred some significant scarring and emotional issues.
The tortfeasor's carrier had $50,000 coverage, plus $10,000 in med pay which we recovered and set up a structured settlement for our client.
The minor's parents had $250,000 underinsured motorist's coverage which we were also successful in recovering in full, less the amount the tortfeasor's carrier paid, as well as an additional $10,000 in medical payments coverage. We again structured the settlement for the minor child.
I always prefer, if possible, that any sums due a minor be structured as in my 40 years of practicing law I have seen too many minors use their settlement proceeds for frivolous purchases and end up with nothing. Usually the parents concur in the structure.
- In August, 2009, in the case of Molen, et al. v. Cooke, Case No. 2007 CV 1520 of the Portage County Common Pleas Court I was fortunate enough to receive for my clients the highest personal injury award in an auto accident in four years. The verdict was a total of $62,000 broken down as $12,000 in economic loss and $50,000 in non-economic loss. The verdict came after a 2-day jury trial.
- 1.2 Million structured settlement for a school teacher sprayed in the mouth by fungicide while working on a loading dock.
- Dog Bite 2008: The 55-year old client thought he had left a personal item in his vehicle which was towed to a storage area. He was accompanied to the enclosed lot by an employee when the "junkyard dog" playfully jumped at the plaintiff's midsection knocking him down to the pavement. The plaintiff incurred a concussion, a skull fracture and hemorrhaging. The case settled at private mediation for $150,000.
- Car Collision 2007: My client, a 37-year old married mother of two, was unfortunately struck in the rear end by an Allstate insured. The only offer was $6,400. This case was tried to a jury in Summit County, Ohio, with an award of $24,558.
- Fair Labor Standards Act 1994: Co-counsel for 60+ foremen from a government defense company who received time off in lieu of overtime pay. After extensive discovery, the case settled for $678,000.
- Auto Accident 2008: 55 year old client waiting at a red light when landscape truck pulling trailer collided with the rear end of his vehicle. Client had numerous pre-existing conditions. Client worked as a waiter therefore lost wage claim difficult to prove. Case settled for $85,000 just prior to trial.
- Negligence Maintenance Case: 66-year old man and wife were sitting on a bench at a horseracing track watching a race on a nearby television. Bench collapsed throwing client to ground and caused a rotator cuff tear. Horserace track claimed no notice of defect and that benches were regularly inspected and maintained. Case settled for $50,000.
- Motorcycle Accident 2006: 60-year old motorcycle rider rear ended by an elderly driver in her Cadillac. Aggravation of pre-existing arthritis. Case settled for $75,000 just prior to trial.
- Pedestrian/Automobile Accident 2007: 51-year old housewife who was an avid jogger was hit in crosswalk while jogging near Kent State University - incurred a serious knee injury requiring surgery. Received policy limits from student driver's insurance carrier ($50,000), and an additional $145,000 from client's underinsured motorist carrier via settlement.
- Defamation/Slander 1995: 45-year old female factory worker complained to her foreman that the quality of parts manufactured by the facility had deteriorated. After heated exchange foreman, in the presence of another, told her she sounded like a "whore who hadn't been paid". Two other firms turned this case down as client had no out-of-pocket loss. Case settled for $12,000.
- Defamation/Libel: 42-year old family man took a job in Atlanta, and gave his employer two weeks notice. His then former employer after client took the new job contacted his new employer via letter accusing him of dishonesty. A libel action was then filed and went to a jury trial (I believe the first and only defamation case tried to a jury in Portage County) resulting in a verdict of $65,000 including punitive damages.
- Breach of Prenuptial Agreement 2004: Client married to husband for over 25 years. Husband died and his sister is named as executor. Prenuptial signed day before wedding by client raised by estate to deny wife any probate assets. Suit filed to set aside prenuptial agreement. Case settled for $115,000.
- Assault: Fellow employee sucker-punched client necessitating trip to emergency room and possible concussion with accompanying headaches. No insurance coverage for defendant. Case settled for $7,500 from personal funds of defendant.
- Auto Accident: 54-old female rear ended by truck. Minimal damage. Injured neck and back. Client had numerous pre-existing back problems. Case settled at mediation for $95,000.
- Attorney Negligence: During the course of my practice I have handled five attorney negligence claims. Four of these were for the attorney missing the statute of limitations date and the other was for failing to file an appeal. All of these cases settled.
