 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Wargo v. Buck9/25/1997
GENE DONOFRIO, Presiding Judge.
Plaintiffs-appellants, Eugene G. Wargo and Jean Wargo, appeal from a final order of the Mahoning County Common Pleas Court upon a jury verdict in this personal injury action. Defendant-appellee, Richard L. Buck, has filed a cross-appeal in this matter.
On June 22, 1991, appellant Eugene Wargo's vehicle was struck in the rear by a vehicle driven by appellee. On June 24, 1991, appellant Eugene Wargo suffered the rupture of a cerebral aneurysm, causing subsequent severe disability.
On June 16, 1993, appellants filed a civil complaint against appellee, alleging negligence on the part of appellee and seeking damages for the injuries incurred. Appellee subsequently admitted negligence, and the case was presented to a jury on the issue of damages proximately caused by the accident.
At trial, it was disclosed that on the day of the accident, appellants' vehicle was stopped on South Avenue in Boardman, Ohio, waiting to make a turn into the parking lot of Sam's Club. Appellee's vehicle struck appellants' vehicle from behind. From the evidence, it appears that only minimal damage was caused to appellants' vehicle.
At the time of the accident, appellant Eugene Wargo was driving, with his two children in the car with him. Both of his children testified at trial that their father claimed to have hit his head on the steering wheel, and that he had a noticeable mark on his forehead after the accident. On cross-examination, defense counsel attempted to discredit this testimony by pointing to earlier deposition testimony during which the children had stated that there were no marks on their father's head after the accident.
Appellant Jean Wargo, wife of Eugene Wargo, testified that she was not in the vehicle on the day of the accident, but that after the accident, her husband complained about his head, and that when she looked at his head, he had a "knot" and a red spot. She further testified that she put an ice bag on her husband's head and asked him how he felt, and that he complained of a headache and asked for Tylenol.
Jean Wargo also testified that on the evening after the accident, appellants went to a friend's house to visit. She testified that she asked her friend, who was a nurse, to look at her husband's head because he was complaining of a headache and had started to complain about a stiff neck. She testified that they did not visit as long as they normally would have because her husband was not feeling well.
Jean Wargo further testified that on the next morning, the family got up and went to church and then went to visit Eugene Wargo's mother. She testified that her husband fell asleep while they were visiting and that they had trouble waking him up. She further testified that he complained consistently of headaches and a stiff neck that day.
Finally, Jean Wargo also testified that on the evening of the next day, she and her husband were at a Little League baseball game where her husband continued to complain about being tired and not feeling well. She testified that immediately after, he seemed to lose his balance and that she and a friend placed her husband into a car and started to drive him to the hospital, but that it appeared to them both that he was losing his ability to communicate, at which point they stopped and called an ambulance. Other evidence at trial established that appellant Eugene Wargo had suffered from a rupture of a subarachnoid aneurysm and that he had suffered severe neurological damage as a result of it.
At trial, appellee presented the expert testimony of Dr. Donald Tamulonis. It appeared from Dr. Tamul
Page 1 2 3 4 5 6 7 8 9 10 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|