Leiner v. Glick - 2004
Plaintiff and her husband were traveling down a rural road under the right of way when a tractor-trailer truck failed to yield at a stop sign, causing a collision. Plaintiff suffered a calcaneous (heel) fracture and comminuted ulna (wrist) fracture, requiring external fixation and surgical intervention for placement of a vena cava filter because of blood clots.
Settlement: $350,000.00 Accident - Motor vehicle
Kekelis v. Mack - 2004
Plaintiff was injured when Defendant hit and flipped his vehicle while driving under the influence of alcohol (DWI), causing a rotator cuff tear necessitating surgical repair and placement of a Mitek Anchor in his shoulder.
Jury Verdict: $82,000.00 plus attorney's fees. Final Judgement - $112,000.00 Accident - Motor vehicle
Jane Doe v. ABC Corp. - 2002
Plaintiff, a 91-year-old woman, was hit by a car driven by an underinsured driver who was backing out of a driveway. Defendant driver was working at the time for two used car dealerships. Defendants contended the driver was an independent contractor. Plaintiff contended the two dealerships were operating as a joint venture and both controlled the actions of the Defendant driver. Plaintiff suffered a fractured hip and subsequent stroke. Defendants denied the stroke was related to the accident.
Settlement: $258.500.00 Accident - Motor vehicle
In re Jane Doe - 2001
Thirty-five year old woman suffered fractured vertebra while a passenger in a vehicle hit by an underinsured motorist.
Settlement (presuit): $437,500.00 Accident- Motor vehicle
Jane Doe, et al. v. Atlas Iron, et al. - 2001
Defendant truck driver (Atlas Iron) parked his semi-tractor and trailer in a full lane of traffic on a two-lane roadway in front of Defendant A-1 Auto's lot, where he was to pick up a load of scrap steel. It was 3:00 p.m. and A-1's parking lot was full with no place to park on the premises. Plaintiff, age 30, came over the crest of a hill and curve in the roadway, which created a view obstruction, providing only 437 feet of visibility. When Plaintiff was able to perceive and react to the truck in her lane of traffic, it was too late, and she hit the back of the parked vehicle, suffering severe and debilitating injuries, including a broken femur, two broken wrists, fractured ankle and degloving injury to her face. Defendants argued Plaintiff hit the back of the parked truck because she was not paying enough attention to the road in the operation of her vehicle. Plaintiffs argued Defendant Atlas Iron failed to provide warning to oncoming vehicles and Defendant A-1 Auto created a constructive nuisance by failing to provide parking access to business invitees.
Settlement: $524,000.00 Accident- Motor vehicle
In re: Estate of John Doe, a Minor- 2000
Plaintiff's decedent was a 4-year-old boy killed as an unrestrained front seat passenger in a motor vehicle accident. The child was killed as a result of the impact from the airbag which was triggered by the motor vehicle accident.
Settlement: Pre-suit $700.000.00 Accident- Motor vehicle Wrongful Death
Leyland Hoyle v. Murlon T. Lile Trucking Co. - 2000
Mr. Hoyle was an over-the-road truck driver hit from behind by another truck on the freeway. As a result of the impact, he suffered a concussion and an abdominal hernia. The insurance company for the Defendant would not pay for the $7,000 property damage to repair Mr. Hoyle's truck or for the $6,000 in medical costs for surgery to repair his hernia. As a result, Mr. Hoyle could not work and his truck was repossessed because he could not make his loan payments.
Jury Verdict: $178,881.00 (case settled after verdict for $195,000.00 pending motions for prejudment interest and costs) Accident- Motor vehicle
Brenda Muriel, as Administratrix and Prosequendum for the Heirs-at-Law of Jayson Diaz, Jr. Deceased, et al. v. Yellow Freight Systems, Inc., et. al. - 2000
Decedent was a 1 1/2-year-old boy killed as a passenger in his mother's vehicle when it was hit by a Yellow Freight truck on the Ohio Turnpike. The mother's vehicle was disabled and being towed with a makeshift tow rope by a U-Haul truck driven by the child's father at 2:00 a.m. in the morning. The driver of the Yellow Freight truck claimed the car was being illegally towed and had no lights. The family claimed the driver of the truck failed to keep an assured distance. After impact, the parents were unable to remove the child from his car seat before the car exploded and caught fire.
Settlement: $700.000.00 Accident- Motor vehicle
Medved v. McNeal - 1998
Plaintiff
was hit from behind while stopped at a traffic light on
his motorcycle. As a result of his injuries, he required
surgery to repair broken bones and internal injuries.
Judgment: $700.000.00 Accident- Motor vehicle
Leroy Carter v. Greyhound Lines, Inc., et al. - 1996
Plaintiff was a 74-year-old man who was a passenger on a Greyhound bus. The bus driver lost control of the vehicle and drove the bus into a ditch. Defendants admitted liability and the case proceeded on damages. Plaintiff suffered post-traumatic stress disorder resulting in stammering and headaches as well as soft tissue injuries to his right hip.
Jury Verdict: $50,000.00 Accident - Motor vehicle
The Estate of Scott McGraw (a minor) v. Roger Murdock - 1996
Twelve-year-old Scott McGraw was struck and killed by Defendant's truck while crossing the street from his mailbox to his home. Defendant contended the boy unexpectedly ran into the road and that he was traveling 20 mph under the speed limit. Plaintiff contended that Defendant failed to act as a reasonable driver in that he saw the boy at the roadside but failed to take into consideration the immediate danger and unpredictable nature of a child near the roadway on a 55 mph rural road.
Settlement: $272,500.00 (exhaustion of policy limits on primary coverage plus underinsured benefits) Accident- Motor vehicle Wrongful Death
The Estate of John Blaney v. Rick Scott Trucking Company, et al. - 1994
Plaintiff was a laborer working on the premises of his employer. Defendants' tractor trailer truck was making a delivery on employer's premises. While backing without appropriate backing warning, Defendants' driver-employee hit decedent crushing him and causing his death.
Judgment: $3,500,000.00 Accident- Motor vehicle Workplace Injury Wrongful Death
Martha Kirkbride, et al. v. Raymond Sanders - 1994
Plaintiff was injured while a passenger in a vehicle hit by defendant=s car. Plaintiff hit her head on the windshield and suffered no documented neurological deficit. Unexplainably, she temporarily regressed to the mentality of a child. She was diagnosed with post-traumatic stress disorder.
Settlement: $92,000.00 Accident - Motor vehicle
Mike Revak v. Cortez III Service Corp. - 1994
Plaintiff was riding a bicycle against traffic on private property when he was hit by a security car making a right turn on red at an intersection. Plaintiff suffered four broken ribs, separated shoulder and head trauma resulting in post-traumatic seizure disorder.
Jury Verdict: $152,124.00 (less comparative) Accident - Motor vehicle
James McCaulley, et al. v. James E. Lyles, et al. - 1994
Plaintiff was working in the bucket of a line lift bucket truck, repairing a traffic signal over an intersection. Defendant, operating a semi tractor trailer truck passed under the traffic signal and hit the bottom of the bucket, catapulting Plaintiff 30 feet into the air. Plaintiff landed on the cement sidewalk, fracturing two vertebrae, herniating a disk, fracturing his wrist and injuring his lung.
Settlement: $385,000.00 Accident - Motor vehicle
Co-counsel: Mark D. Okey, Esq., The Okey Law Firm
