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| Allison Vitas v. Melvin Bond and Robert Cebula[08 CIV 1945] |
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| Court:Medina County Court of Common Pleas |
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| Judge:James L. Kimbler |
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| Date of Trial: |
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| Facts: | | On January 24, 2007 Plaintiff and her brothers were traveling to visit their father in Hocking County. They were unfamiliar with the area. They were rear ended by Defendant, Bond. On March 13, 2007, Plaintiff Allison Vitas was traveling home from physical therapy in downtown Cleveland when she was rear ended by Defendant, Cebula in stop-and-go rush hour traffic on the freeway. |
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| Injury/Damages:Plaintiff claimed disc bulge at C4-5 and C5-6 with cervical radiculopathy, lumbar radiculopathy, post-traumatic headaches, and aggravation of pre-existing post-surgical deviated septum. Claims related to the nose were withdrawn before trial. Plaintiff treated at Southwest General Hospital emergency room on date of first accident. She then followed up with M.P. Patel, M.D., a physician on a list given to her by her original lawyer. Dr. Patel provided soft tissue treatment and physical therapy in his office. At he time of the second accident, Plaintiff was returning home from a physical therapy session at Dr. Patel's office. Dr. Patel saw Plaintiff the next day on short notice. He found no significant change from the prior condition before the second accident. Plaintiff completed all treatment in August 2007 with a fair prognosis. |
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Non-medical Experts: None. None. |
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| Medical Experts:M.P. Patel, M.D.None. |
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| Lowest Demand:$15,000.00 before trial to settle entire case. Plaintiff refused to consider separate settlements. |
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| Highest Offer:$11,000.00 from Defendant, Bond and $3,050.00 from Defendant, Cebula. |
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| Jury Verdict:$21,433.00 against Defendant, Bond and $3,372.00 against Defendant, Cebula. |
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| Percent of Comparative Negligence:Admitted negligence. |
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| Net Award:$21,433.00 against Defendant, Bond and $3,372.00 against Defendant, Cebula. |
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| Plaintiff's Attorney:Frank G. Bolmeyer, Esq., Sammon & Bolmeyer Co., L.P.A., 614 Superior Avenue NW, #1160, Cleveland, OH 44113. |
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| Defendant's Attorney:Frank G. Mazgaj, Esq., Hanna, Campbell & Powell, L.L.P., 3737 Embassy Parkway, P.O. Box 5521, Akron, OH 44334 for Defendant, Bond.
Adam E. Carr, Esq., Carr Law Office, LLC, 5824 Akron-Cleveland Road, Suite A, Hudson, OH 44236 for Defendant, Cebula. |
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