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| Ronald Novack v. Robert W. Lux[2007 07 4766] |
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| Court:Summit County Court of Common Pleas |
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| Judge:Robert M. Gippin |
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| Date of Trial: |
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| Facts: | | Plaintiff Ronald W. Novack alleged that he slipped and fell on loose stones in a crack in the garage floor at premises he rented, causing him to fall. The garage was rented exclusively by Mr. Novack, although he claimed that the landlord stored some maintenance items in the back of the garage. The crack was in the front of the garage. The driveway directly in front of the garage contained small stones similar to those found in the crack.
Mr. Novack had been living on the property for two years at the time he fell. He claims that he originally complained about the crack when he moved in and several times thereafter. The Defendant disputed receiving any complaints about the crack. Mr. Novack admitted being aware of the crack before the accident and admitted being aware of the existence of the stones in the crack.
Mr. Novack sustained significant injuries as a result of his fall, including two fractured ribs and a punctured lung.
Mr. Novack's hospital records contained statements indicating that he had slipped on ice. Mr. Novack denied stating this to hospital personnel but admitted stating this to Mr. Lux. Mr. Novack claimed he told a false version of how he fell to Mr. Lux to "protect the truth" so that Mr. Lux would not fill in the crack while Mr. Novack was in the hospital and before he could prove his claim.
Approximately one year later, Mr. Novack returned to the hospital and submitted a request to amend his medical records to change the patient history to indicate "slipped on stones in crack" from "slipped on ice". |
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| Injury/Damages:Mr. Novack fractured two ribs and punctured a lung. He presented himself to Akron General Medical Center on the evening of March 1, 2005. He was initially treated in the emergency room and sent home. He was admitted to the hospital after midnight. He remained there for more than a week.
Mr. Novack initially claimed that his breathing was at 50% of his prior capacity and that his left side, where he fell, was still weak. These complaints were unsubstantiated by a physician and Mr. Novack did not repeat them at trial. |
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Non-medical Experts: None |
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Medical Experts:Jack Mitstifer, MD, Emergency Medicine, Akron, Ohio, Akron General Medical Center, called by Devon A. Stanley and by Thomas McNerney. Judge did not permit this expert to testify so the jury did not hear any expert testimony. No experts testified for the defense. |
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| Lowest Demand:$2,500.00 |
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| Highest Offer:$1,000.00 |
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| Jury Verdict:Zero |
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| Percent of Comparative Negligence:Not Applicable |
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| Net Award:Zero |
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| Plaintiff's Attorney:Devon A. Stanley, Esq., 506 North Main Street, Niles, Ohio 44446 (330)544-9445 and Thomas M. McNerney, Esq., 789 West Market Street, Akron, Ohio 44303 (330) 535-4000, Fax (330) 535-6989 |
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| Defendant's Attorney:Adam E. Carr, Esq., 5824 Akron-Cleveland Road, Suite A, Hudson, Ohio 44236, (330)655-1662, Fax (330)208-2233. |
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