 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
McDevitt v. Wenger11/10/2003
JUDGMENT: Reversed and Remanded
Plaintiffs Karen and John B. McDevitt appeal a judgment of the Court of Common Pleas of Tuscarawas County, Ohio, entered on a jury verdict rendered after trial. Appellants' personal injury action alleged both appellants were injured because of the negligence of appellee Charles Wenger, and appellants' insurance company, appellee Allstate, breached its insurance contract with appellants by failing to pay medical bills incurred because of the accident under the "Med Pay" provision of appellants' auto insurance policy. Appellee Wenger admitted liability for the accident, but the jury found his negligence did not directly and proximately cause any injury or damage to either plaintiff, and rendered a verdict of zero dollars. Appellants assign four errors to the trial court:
"THE TRIAL COURT ERRED TO THE PREJUDICE OF THE PLAINTIFFS-APPELLANTS IN FAILING TO ALLOW DR. ROE TO PROVIDE HIS OPINION TESTIMONY AT TRIAL.
"THE VERDICT RENDERED BY THE JURY AND THE JUDGMENT ENTERED BY THE COURT WAS WHOLLY CONTRARY TO AND NOT SUSTAINED BY THE MANIFEST WEIGHT OF THE EVIDENCE.
"THE TRIAL COURT ERRED TO THE PREJUDICE OF THE PLAINTIFFS IN FAILING TO GIVE THE JURY A `THIN SKULL' OR EGGSHELL PLAINTIFF' THEORY JURY INSTRUCTION AND MORE EXPANDED JURY INSTRUCTION ON DAMAGES.
"THE TRIAL COURT ERRED TO THE PREJUDICE OF THE PLAINTIFFS AND PREVENTED PLAINTIFFS FROM RECEIVING A FAIR TRIAL BY LIMITING THE TIME ALLOTTED TO PLAINTIFFS FOR CLOSING ARGUMENT TO THIRTY MINUTES, WHEN THE DEFENDANTS WERE GIVEN AN HOUR FOR CLOSING ARGUMENT".
The record indicates on September 18, 1999, appellee Wenger negligently ran his Ford Explorer into the back end of appellants' 1999 Chevy pickup truck, which was stopped in traffic waiting to make a left turn. Appellants' pickup truck was new. Appellants alleged the pickup truck was severely damaged, with the bed floor bowed up several inches in the center, the sides buckled, the rear bumper bent under the truck, the frame of the truck bent, and the bed was actually pushed into the cab, where the passenger's seat track in the passenger compartment was bent. Appellees contested the extent of the damage to the vehicle. Appellant John McDevitt alleged he sustained a neck sprain or strain "whiplash" injury, headaches, and bruising from his seat belt. Appellant John McDevitt began treatment with Dr. Richard Roe on September 20, the first day Dr. Roe's office was open following the collision. Dr. Roe testified he treated John for the injuries received from the collision with chiropractic care until December 7, 1999. Dr. Roe testified the necessary and reasonable cost of his services was $556.
Appellant Karen McDevitt alleged she sustained numerous injuries as a direct and proximate result of the collision, including damage to her right shoulder, right hand, right leg, right toes, right side of the neck with head pain, anxiety, low back pain radiating down her hip, knee, and toes. Appellant alleged she suffered from numbness in her right foot and shortness of breath. The emergency medical squad treated her at the scene of the collision, and transported her to the Union Hospital emergency room. The ER doctors diagnosed her as having a sustained cervical and lumbar strain in the collision.
Appellant Karen McDevitt had a pre-existing back condition, and she alleged she became permanently disabled after the collision. Dr. Roe treated appellant Karen McDevitt, and testified his chiropractic care charges were $4,047. Appellant Karen McDevitt alleged she incurred a total of $11,186.87 in medical expenses.
Appellants claimed lost income from appellant Karen
Page 1 2 3 4 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|