The case captioned Brenda Lehet v. Eleanora Schroeter, et al., Cuyahoga County Common Pleas Court, Case No. 595116 was tried over the course of two days from November 17 through November 18, 2008.  This case was tried by Perrin I. Sah of our office before Visiting Judge James D. Sweeney upon the referral of Judge Timothy McMonagle. 

This case arose from a three (3) car accident that occurred on September 23, 2004 in the westbound lanes of I-480 near the Transportation Blvd. entrance.  The lawsuit was initiated by the driver of the first vehicle, Brenda Lehet, who brought personal injury claims against Eleanora Schroeter and Mr. Sah’s client, Geoffrey Vaughn.  Eleanora Schroeter asserted a Cross-Claim against Geoffrey Vaughn for her own injuries.  Prior to trial, the claims of Brenda Lehet were resolved and the trial proceeded solely on the issue of the injury claims asserted by Eleanora Schroeter against Geoffrey Vaughn.  The facts of the case were in dispute.  Eleanora Schroeter claimed that she was able to bring her vehicle to a stop directly behind Brenda Lehet’s vehicle.  Ms. Schroeter further claimed that Geoffrey Vaughn then negligently struck the rear of her vehicle, pushing her into the rear of the Lehet vehicle.  This version of the accident was disputed by Geoffrey Vaughn.  Defendant Vaughn did stipulate that he was negligent for striking the rear of the Schroeter vehicle, however, Defendant Vaughn claimed that prior to striking the rear of the Schroeter vehicle, Ms. Schroeter had in fact rear-ended the Lehet vehicle first.  This version of the accident was supported by Brenda Lehet who testified at trial that she felt two distinct impacts to the rear of her vehicle.  Eleanora Schroeter denied that two impacts ever occurred between her vehicle and the Lehet vehicle.  In addition to the dispute as to the impacts involved in the accident, the nature, extent and proximate cause of the injuries and damages claimed by Ms. Schroeter was was disputed and heard by the jury.

Ms. Schroeter claimed to have suffered a cervical sprain/strain as well as a permanent straightening of the cervical lordosis.  In support of her claims, the plaintiff called her treating Chiropractor, Dr. Nigel Brayer, to testify regarding the proximate cause of the injuries claimed to have been suffered in the accident.  Dr. Brayer testified about the course of treatment provided to the plaintiff and attempted to specifically address the various impacts felt by the plaintiff in the accident in determining which of the impacts was the proximate cause of her claimed injury.  Dr. Brayer opined that based upon the history as he understood it, Ms. Schroeter was first struck in the rear and then pushed into the vehicle in front her, therefore the first impact was the greater cause of her injury.  On cross-examination, attorney Sah presented Dr. Brayer with a hypothetical question assuming that Ms. Schroeter had in fact first struck the vehicle in front of her and then was subsequently struck in the rear, being pushed back into the vehicle in front her.  Given that hypothetical set of facts, Dr. Brayer confirmed it would be pure speculation to say which of those impacts was the greater cause of the injuries claimed to have been suffered by the plaintiff.

Plaintiff submitted medical expenses totaling $3,925.00.  There were no Robinson v. Bates adjustments to those bills as no write-offs were ever taken.  The plaintiff’s entire course of treatment was chiropractic in nature.  She did not present to the emergency room nor any family physician. 

During closing argument, plaintiff’s counsel asked that the jury consider an award starting in the amount of $25,000.00.  In response, Mr. Sah argued that Ms. Schroeter bore some responsibility for causing her own injury when she first rear-ended the Lehet vehicle.  Mr. Sah argued that an appropriate award would contemplate no more than half of the medical expenses sought with a nominal amount for pain and suffering.  After a two and a half hour deliberation, the jury rendered a unanimous verdict in favor of the plaintiff for the total sum of $3,000.00.

Prior to trial, Eleanora Schroeter’s last demand for settlement was $12,000.00.  The last offer made by defendant prior to trial was $1,550.00. 

If you would like any further information with regard to this trial, please do not hesitate to directly contact attorney Perrin I. Sah.