 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
In re Guardianship of Matyaszek12/29/2004
DECISION AND JOURNAL ENTRY
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
{ } This matter is before this Court on appellant Adam Matyaszek's appeal from the Summit County Probate Court which found that the Magistrate abused his discretion in granting appellant's motion to vacate judgment and denied the motion. For the following reasons, this Court finds that the Probate Court abused its discretion in denying the motion to vacate and reverse.
I.
{ } The facts in this case have been well-fleshed out by both the Magistrate and the Probate Court.
A. Background
1. The accident
{ } On April 26, 1987, when he was two years and ten months old, appellant was a passenger in a Bronco, which was involved in an automobile accident. At the time of the accident, appellant's father was driving the Bronco and attempted to avoid two vehicles allegedly rapidly approaching from the rear. Appellant was taken to an emergency room at MetroHealth Center where he remained in intensive care for three days. He suffered from a closed head injury . He remained in the hospital in the critical care unit until May 5, 1987, at which time he was released in stable condition.
{ } Appellant's attending physician, Dr. Mary Hlavin, recommended that appellant return to the Neurosurgery Clinic in two weeks for a follow-up visit. Her prognosis for appellant's recovery was "excellent."
2. Appellee's Investigation
{ } Appellee Ford Motor Company ("Ford") began an investigation into the accident. Appellee hired Shepard's Claims Service ("Shepard's Claims") to investigate the accident. Shepard Claim's agent was Thomas E. Schacher ("Schacher"). Schacher obtained a copy of the police report and appellant's medical records pursuant to medical releases obtained from his parents. Schacher requested medical records from MetroHealth, A. Hugh McLaughlin, D.O. ("Dr. McLaughlin") who was the family's physician, and E. Grisoni, M.D. ("Dr. Grisoni").
{ } On December 23, 1987, appellant's father signed a statement to Schacher claiming that his son's injury was "a concussion, fractured skull and the entire back of his brain was swollen.but he seems to be O.K. now."
{ } On February 1, 1988, approximately ten months after the accident, Dr. McLaughlin, appellant's family physician, responded to Schacher's request for medical information about appellant's condition. Appellant's mother had requested that Dr. McLauglin come to the hospital immediately after appellant's accident and he did. Dr. McLauglin's letter stated:
"I am in receipt of your request for information in regard to injuries received by the above named individuals in a vehicular accident of April 26, 1987. As you undoubtedly know, I am the family physician for the Matyaszek family and as such can comment on the residual noted effects of the accident. However, since the accident took place around the Cleveland area, the emergency treatment was provided by Metro General Hospital. I have yet to receive copies of the medical records but was in contact with the treating physician while they were hospitalized. I was also able to see them immediately following the accident while they were receiving emergency care.
*
"Following the accident, Adam was brought to the emergency room with his pupils fixed and seizure activity ongoing. He had required intubation at the scene and continued to require respirator assisted respirations while in the intensive care unit. He, too, suffered a skull fracture with posterior subdural hematoma.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|