 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Santoli v. Marbuery5/14/1998
JUDGMENT: REVERSE
Defendant-appellant Delores Marbuery ( appellant ) appeals from the granting of plaintiff-appellee David Santoli's motion for new trial.
Appellant assigns the following errors for review:
I. THE TRIAL COURT ERRED AND ABUSED ITS JUDICIAL DISCRETION IN GRANTING PLAINTIFF-APPELLEE'S MOTION FOR A NEW TRIAL.
II. THE TRIAL COURT ERRED AS A MATTER OF LAW WHEN IT GRANTED PLAINTIFF-APPELLEE'S MOTION FOR A NEW TRIAL.
III. THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY FAILING TO CLEARLY IDENTIFY THE GROUNDS UPON WHICH IT GRANTED PLAINTIFF-APPELLEE'S MOTION FOR A NEW TRIAL.
Finding the appeal to have merit, the judgment of the trial court is reversed.
I.
On September 1, 1994, an automobile accident occurred at East 71stStreet and Fullerton Avenue. A Chevrolet-Geo Metro driven by appellant entered the intersection of East 71st Street and Fullerton Avenue and collided with Kazimierz Chodubski's 1978 Ford LTD. Appellant testified that she had come to a complete stop at the intersection, looked both ways but failed to see Chodubski's vehicle. Chodubski estimated he was traveling between fifteen and twenty miles per hour at the time of impact.
Chodubski filed suit against appellant for negligently causing him personal injury . Appellant also brought claims for negligence per se and emotional distress. Chodubski's motion for summary judgment as to appellant's negligence per se was granted by the trial court and is not an issue in this appeal. The case proceeded to trial on the issue of negligence.
Teresa Romejko testified that she was a passenger in Chodubski's automobile when the accident occurred. She felt a very hard bump to the car when it was in the intersection. The impact took place on the driver's side door. The car was pushed to the side of the road. Romejko asked Chodubski if he was alright and he replied in the affirmative. He could move and talk after the collision. By evening, Romejko noticed Chodubski was shaky. He complained of pain. Romejko accompanied Chodubski to his doctor the next day. In the two years between the accident and trial, Romejko did not recall Chodubski ever complaining that his leg or back hurt. His only complaints have been related to headaches caused by medication he is taking.
Chodubski testified that the impact of the accident was strong. Although he was wearing his seat belt and shoulder harness, Chodubski found himself under the steering wheel after the crash. He immediately felt pain in his back and leg. Chodubski visited his family doctor the next day, complaining of back and leg pain. His doctor gave Chodubski an injection and had an x-ray taken. A week later, Chodubski went for an MRI which revealed some bulging discs and degenerative changes known as spinal stenosis. About four to six weeks after the accident, Chodubski began using a therapeutic device in an effort to relieve the pain in his back.
A year after the accident, Chodubski visited Dr. Andre Wolanin, a Polish speaking surgeon. Dr. Wolanin recommended surgery which Chodubski never had due to the expense. That doctor referred Chodubski to Dr. Anderson.
Chodubski testified he still took medicine to relieve the pain caused by the accident. He had trouble sleeping because of the pain in his back and leg. Chodubski experienced severe pain when walking over one hundred feet. He seldom drove because of the discomfort.
Upon cross-examination, Chodubski denied being treated at the hospital in 1992 for back problems. He further denied being involved in an accident prior to 1994 although his medical records reflected the
Page 1 2 3 4 5 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|