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| Elaine M. Krauss v. Lois E. Stitt, Administratrix of the Estate of Keith M. Stitt, Deceased[2004 CV 00987] |
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| Court:Trumbull County Court of Common Pleas |
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| Judge:W. Wyatt McKay |
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| Date of Trial: |
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| Facts: | | Motorcycle passenger filed suit against estate of late motorcycle operator for bodily injuries from an accident that resulted when a deer jumped into the motorcycle from the side of the road. The deer struck the motorcycle and its operator, causing the operator to lose control. Before the accident, the operator and the passenger had observed a herd of deer near the side of the road. One of the deer crossed the road and the motorcycle operator slowed down in response. A second, previously unseen deer jumped out and hit the motorcycle. The motorcycle passenger contended that the motorcycle operator should have come to a full stop after the first deer crossed the road. The passenger was the motorcycle operator's fiancee. The motorcycle operator died a short while after the accident of injuries sustained in the accident. |
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| Injury/Damages:Plaintiff suffered a highly unstable fracture of the distal left tibia and fibula (the two lower leg bones). The plaintiff's treating orthopedic surgeon, Thomas S. Boniface, M.D., surgically inserted a rod through the tibia and secured it in place with screws to help repair the fracture. The rod and screws will remain in place permanently.
The plaintiff was unable to work at all for four and half months after the accident and she gradually returned to work over the following two months. Plaintiff is presently able to perform all her usual activities, except that descending stairs is diffcult. She sometimes descends backwards because it is easier. |
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Non-medical Experts: None |
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Medical Experts:Thomas S. Boniface, M.D., Orthopedic Surgeon, Boniface Orthopaedics, Inc., Boardman, Ohio. |
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| Lowest Demand:$90,000 |
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| Highest Offer:Zero |
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| Jury Verdict:Zero |
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| Percent of Comparative Negligence:N/A |
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| Net Award:Zero |
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| Plaintiff's Attorney:Randil J. Rudloff, Guarnieri and Secrest, P.L.L., 151 East Market Street, P. O. Box 4270, Warren, Ohio 44482. |
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| Defendant's Attorney:Adam E. Carr, The Carr Law Office, LLC, 5824 Akron-Cleveland Road, Suite A, Hudson, Ohio 44236. |
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