News

RECENT VERDICTS

Jessica George v. Monica L. Granny et al.

Trumbull C.P. No. 2008 CV 02037
Verdict Date: March 17, 2010
Defense Counsel: Adam E. Carr

Plaintiff claimed numerous injuries, including a rotator cuff tear and cervical disc syndrome following a motor vehicle accident in which the defendant’s minivan attempted a left turn in front of the plaintiff’s car. Plaintiff was diagnosed with a twenty percent permanent impairment.

Plaintiff asked for $371,813.95, including past medical bills of $38,763.25; past wage loss of $1000.50; past pain and suffering of $35,313.60; and future pain and suffering of $232,008.60. Plaintiff additionally claimed future medical treatment of $1,200 per year for a claimed life expectancy of 53.94 years, for total future medical bills of $64,728.

Adam E. Carr was able to convince the jury to limit total damages to $29,352.62.

RECENT COURT OF APPEALS DECISIONS

Allstate Ins. Co. v Jon Eyster, et al.

Crawford App. No. 9-10-01
Judgment Date: August 9, 2010
Defense Counsel: Adam E. Carr

Allstate filed suit against its policyholders and their two daughters for a declaratory judgment. Allstate sought to deny automobile liability coverage because of an exclusion for bodily injury to a resident relative of an insured. The parties agreed that one of the sisters had negligently driven her car, causing serious bodily injuries to her sister, and that the value of the injuries exceeded the $300,000 single limit of coverage.

The trial court held that the exclusion for bodily injury to a resident relative applied only when the injured person lived with the driver of the car. The injured claimant did not live with her sister but did live with their parents, so the trial court held that the exclusion did not apply.

Adam E. Carr successfully convinced Ohio’s Third District Court of Appeals to reverse the trial court decision. The court of appeals also rejected the reasoning of a different Ohio court of appeals that had found Allstate’s exclusion to be ambiguous.

Shelley L. Young, et al. v. Daniel Zukowski

Summit App. No. 25146
Judgment Date: July 28, 2010
Defense Counsel: Adam E. Carr

The plaintiff claimed bodily injury from an automobile accident. Her husband sought damages for loss of consortium. The trial court dismissed both claims based on the statute of limitations.

Ohio law extends the statute of limitations for any period of time the defendant is absent from the state. The plaintiff filed suit only four days late. During the two years and four days between the time of the accident and the time the plaintiff filed suit, the defendant had left Ohio at least sixteen times to see the Pittsburgh Steelers play, and also to travel to a casino in West Virginia. None of these trips involved overnight stays.

Adam E. Carr successfully argued to the court of appeals that these day trips did not extend the statute of limitations because they did not constitute an extended absence from the state. This was also what the trial court held.

SELECTED APPELLATE CASES

• In re Uninsured & Underinsured Motorist Coverage Cases (Nationwide Agribusiness Ins. Co. v. Wagner and Vicars v. McCray),)100 Ohio St.3d 302, 2003-Ohio-5888, 798 N.E.2d 1077
• Ohayon v. Safeco,91 Ohio St.3d 474, 2001-Ohio-100, 747 N.E.2d 206
• Cappara v. Schibley, 85 Ohio St.3d 403, 1999-Ohio-278, 709 N.E.2d 117
• Allstate v. Eyster, Marion App. No. 9-10-01, 2010-Ohio-3673
• Young v Zukowski, Summit App No. 25146, 2010-Ohio-3491
• Williams v. Williams, Mahoning App. No. 08 MA 248, 2009-Ohio-6162
• Alicea v. Beckinger,Trumbull App. No. 2008-T-0009, 2008-Ohio-5861
• Aber v. Zurz (Summit), 175 Ohio App.3d 385, 2008-Ohio-778, 887 N.E.2d 381
• Boehm v. Butcher (Clermont), 144 Ohio Misc.2d 90, 2007-Ohio-6576, 879 N.E.2d 268