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| David I. Griffin and Peggy Griffin v. Kimberly A. Urick[2007 CV 00517] |
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| Court:Trumbull County Court of Common Pleas |
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| Judge:Andrew D. Logan |
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| Date of Trial:April 16, 2008 |
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| Facts: | | On Monday, October 24, 2005 at 4:33 p.m. Defendant Kimberly A. Urick was driving her 2001 Ford Explorer in a generally northwesterly direction on U.S. 422 (Parkman Road NW) in Warren, Ohio. She had purchased some groceries and was taking them home. She approached the intersection of Northfield Street NW and began to turn right, which was the direction of her home. She then planned to travel down Northfield to Oakdale, which is the street where she lives.
As Ms. Urick started to make her turn, she heard a thump. It was at that point that Plaintiff David I. Griffin struck the right side of the Explorer while Mr. Griffin was riding a 1998 Harley Davidson Sportster motorcycle. The motorcyle was owned by Peggy Griffin, Mr. Griffin's wife.
It was undisputed that Mr. Griffin was attempting to pass Ms. Urick on the right while Ms. Urick was attempting to make a right turn. Mr. Griffin claimed that Ms. Urick signaled a left turn before attempting to make the right turn. Mr. Griffin works as an unpaid employee at a bar called Bushwhacker's that his family owns. Mr. Griffin claimed that Ms. Urick came to the bar later that evening and admitted fault for causing the accident. He produced two witnesses from the bar to testify to this.
Ms. Urick denied ever signaling or attempting any left turn. She did know Mr. Griffin before the accident and she admitted coming to the bar to check on his condition after the accident. Two independent witnesses testified that they had been traveling on Parkman Road in the opposite direction. They did not see Ms. Urick exhibit any turn signal, either left or right. They did see Mr. Griffin attempt to pass Ms. Urick on the right. They testified that Mr. Griffin actually drove off the roadway in an attempt to pass.
Mr. Griffin testified that he had gone to a funeral earlier that day. He and many other motorcyclists had ridden in a procession from the funeral home to the grave site. From the grave, they had gone to the home of the decedent, where a wake had been held. After the wake, Mr. Griffin traveled to the scene of the accident. On cross-examination, Mr. Griffin was unable to recall the name of the decedent, the name of the funeral home, or the exact location of the decedent's home where Mr. Griffin went for the wake. There was substantial evidence of alcohol consumption by Mr. Griffin that day but the judge did not permit counsel to offer any evidence relating to any alcohol. The defendant won the case and did not need to appeal this ruling. |
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| Injury/Damages:The Plaintiff claimed to have sustained significant injuries including the degloving and fractures of the left heel, left foot, and right hip. The Plaintiff had a prosthetic hip installed and he continues to have ongoing complaints. There is an anticipated need for future surgery on his foot. He walks with an obvious limp.
The Plaintiff produced $138,357.25 in medical bills and 635 pages of Bates-stamped medical bills and records. The overwhelming majority of the Plaintiff's medical bills related to a hospitalization at Trumbull Memorial Hospital between June 6 and June 26, 2006, when the prosthetic hip was inserted.
The Plaintiff claimed to have lost $22,000 in wages based on prior annual income of approximately $20,000 issuing bail bonds on a 30% commission basis. The Plaintiff claimed he tried to go back to work twice after the accident but was physically unable to do the job. He returned to work permanently as a bail bondsman in August, 2007. |
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Non-medical Experts: None None |
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| Medical Experts:NoneNone |
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| Lowest Demand:None (Parties stipulated to damages. Plaintiff was to receive Defendant's $100,000 policy limits for a Plaintiff's verdict and nothing for a defense |
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| Highest Offer: |
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| Jury Verdict:0.00 |
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| Percent of Comparative Negligence:90% |
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| Net Award:0.00 |
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| Plaintiff's Attorney:Michael J. Maillis
Perantinides & Nolan
300 Courtyard Square
80 South Summit Street
Akron, Ohio 44308 |
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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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