Brian Kolber, Executor of the Estate of Czeslawa Kolber v. Royal Oak Nursing and Rehabilitation Cent[CV 07 616446]
Court:Cuyahoga County Court of Common Pleas
Judge:Shirley Strickland Saffod
Date of Trial:Jan 28 - Feb 1, 2008
Facts:Case was premised upon nursing home negligence and a violation of the nursing home bill of rights statute. At issue was the cause of a fracture to the decedent's left, distal femur. Plaintiff claimed that the defendant's agents and employees caused the fracture by failing to employ the "log roll technique" while turning the decedent. The Defense argued that the condition of the decedent’s bones, which were affected by severe osteoporosis, rendered her susceptible to fractures with minimal provocation and without negligence, and further argued a lack of causation as to the fracture.
Injury/Damages:Fracture left distal femur; $59,000 in medical expenses
Non-medical Experts:Linda Fowler, Ph.D., Pittsburgh, Pa.; Nursing Home AdministratorMarlene Blackford, R.N., Cleveland, Ohio, Certified Geriatric Nurse
Medical Experts:Stanley Feingold, M.D., Plainview, New York, orthopedic surgeryKim Stearns, M.D., Cleveland, Ohio, orthopedic surgery
Lowest Demand:$150,000
Highest Offer:$0.00
Jury Verdict:Defense
Percent of Comparative Negligence:0%
Net Award:$0.00
Plaintiff's Attorney:Raymond J. Tisone, Youngstown, Ohio
Defendant's Attorney:Jeffrey W. Van Wagner and Jane F. Warner, Cleveland, Ohio
Cleveland Association of Civil Trial Attorneys
Brian P. Riley, President
1301 East Ninth St., Suite 1900
Cleveland, Ohio 44114
(216) 241-5310