Jury Verdicts
Civil Jury Trials
Franklin County Common Pleas Court by MONICA L. WALLER Verdict: $22,832.51 (Reduced to $11,416.26 upon finding of 50 percent contributory negligence.) Automobile Accident. On September 6, 2012, Plaintiff Danielle M. Tasner and Defendant Linda L. Lowe were headed in opposite directions at an intersection on Little Turtle Way. Ms. Tasner attempted to turn right while Ms. Lowe attempted to turn left. As the two vehicles were turning, Ms. Lowe’ vehicle struck the driver’s side of Ms. Tasner’s vehicle. Ms. Tasner claimed that she suffered injuries to her head including a concussion, post concussive syndrome and later, occipital neuralgia as a complication of the concussion. She suffered from chronic headaches for which she underwent radiofrequency ablation therapy and nerve injections. She also had pain on the right side of her chest and lower abdomen from the seatbelt. Ms. Tasner alleged that Ms. Lowe was liable for the accident by failing to maintain her lane when turning and failing to keep a proper lookout to avoid the accident. Ms. Lowe denied liability and claimed that Ms. Tasner was the one who failed to maintain her lane and failed to keep a proper lookout. She also denied that the accident could have caused the extensive injuries claimed by Ms. Tasner. The jury awarded Plaintiff $15,221.67 in past economic damages and $7,610.84 in
past non-economic damages for a total of $22,832.51, but found that Ms. Tasner was 50 percent responsible for the accident, thereby reducing her recovery to $11,416.26. Medical Specials: $107,258.80 ($45,000 accepted by medical providers). Lost Wages: over $100,000.00. Last Settlement Demand: $100,000.00. Last Settlement Offer: None. Length of Trial: three days. Plaintiff’s Experts: Steven Severyn, M.D. (anesthesiology). Defendant’s Expert: None. Counsel for Plaintiffs: Kathy A. Dougherty. Counsel for Defendant: Kelly N. Grigsby. Judge Charles Schneider. Case Caption: Danielle M. Tasner, et al. v. Linda L. Lowe, et al. Case No. 12 CV 014703 (2016).
Defense Verdict. Automobile Accident. On April 30, 2011, Plaintiffs Karie Gallegos, 46, and Paul Gallegos, 47, were rear seat passengers in a vehicle that was rear-ended by Defendant Brian Barnett. Plaintiffs claimed that Mr. Barnett was looking at his GPS just prior to the collision and failed to maintain an assured clear distance. Ms. Gallegos felt pain in her neck, left shoulder and lower back after the accident. She went to her primary care physician and then had physical therapy for four months following the accident. She was involved in a second accident in May 2012. She was diagnosed with sprains of her cervical, thoracic and lumbar regions
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and told that the second accident exacerbated the symptoms from the April 2011 accident. She was referred to Jason Dapore, D.O., a sports medicine physician, and continued to receive treatment from him for the next several years. Mr. Gallegos experienced a visual disturbance in his left eye and pain in his right shoulder after the April 2011 accident. He underwent physical therapy and his symptoms resolved. Mr. Gallegos settled his claim against Mr. Barnett prior to trial. Mr. Barnett did not dispute that he was responsible for the accident, but argued that Ms. Gallegos suffered only minor injuries in the accident and that her treatment was related to the second accident. The jury concluded that Mr. Barnett’s negligence was not the proximate cause of Ms. Gallegos’ injuries. Medical Specials: Approximately $25,000 ($15,700 after reductions). Lost Wages: None. Last Settlement Demand: $40,000.00. Last Settlement Offer: $12,500.00. Length of Trial: two days. Plaintiff’s expert: Jason Dapore, D.O. Defendant’s Expert: None. Counsel for Plaintiff: Curtis Fifner and Sara C. Nichols. Counsel for Defendant: David L. Simms and Rachel L. Ferrara. Judge Patrick Sheeran. Case Caption: Karie Gallegos, et al. v. Brian J. Barnett. Case No. 15 CV 1613 (2016)