 |
| Scott Keck, et al. v. John McCish[] |
|
|
|
| Court:Richland County Common Pleas |
|
| Judge:James L. DeWeese |
|
| Date of Trial:March 15-16, 2005 |
|
| Facts: | | Intersection collision in which plaintiff pulled out from a stop sign in front of defendant, who had the right of way. Defendant admitted to traveling 58 mph in 55 mph speed zone. Defendant was unaware of a warning sign indicating a suggested speed limit of 35 mph for the intersection, althought defendant had been traveling to work in this area for the past 6 weeks. At the time of the accident, it was dark and both parties' vision may have been obstructed by hilly terrain. Both parties appeared to have their headlights on. Plaintiff suffered a traumatic brain injury which prevented him from recalling the accident. He was permitted to testify to his prior habit and practice.
The jury was bussed to the scene of the accident for a jury view. |
|
|
| Injury/Damages:Both vehicles sustained heavy, disabling damage. Plaintiff's vehicle flipped several times and plaintiff had to be extricated. Damages were stipulated and thus were not part of the trial except plaintiff was permitted to explain the brain injury as the basis for his inability to recall certain facts. |
|
Non-medical Experts: None None |
|
| Medical Experts:NoneNone |
|
| Lowest Demand:$100,000.00 |
|
| Highest Offer:-0- |
|
| Jury Verdict: |
|
| Percent of Comparative Negligence:35% |
|
| Net Award:Defendant 65% negligent; Plaintiff 35% negligent (jury did not assess damages) |
|
| Plaintiff's Attorney:John L. Good, Esq., 930 Claremont Avenue, P.O. Box 455, Ashland, Ohio 44805 |
|
| Defendant's Attorney:Adam E. Carr, Esq. 2241 Pinnacle Parkway, Twinsburg, Ohio 44087 |
|
 |
|
