On June 16, 2009, Louis R. Moliterno of our office tried to conclusion the matter of James Chapman, et al. v Nicholas A. Clark, et al., in the Cuyahoga County Common Pleas Court, Case No. 634102, before the Honorable Judge Brian J. Corrigan.

This case arose from an intersection collision that occurred June 1, 2006, at the intersection of Brookpark and Tiedeman Roads, in Parma, Ohio.  The parties disagreed as to the color of the light at the time of the accident.  Our client, defendant Nicholas A. Clark, testified that he moved into the left turn lane, with one or two vehicles in front of him.  It was his intention to make a left turn onto Tiedeman Road.  At all relevant times, defendant was confronted by a solid green light.  After entering the intersection, the light turned yellow, and eventually red.  Defendant was attempting to clear the intersection under a red light.  Plaintiff, James Chapman, testified that he approached the intersection in the curb lane of travel and slowed his vehicle for a red light.  When he approached the intersection, the light turned green, and he began to accelerate.  He testified that the defendant’s vehicle “seemed to come from nowhere.”   Negligence was disputed.

Plaintiff submitted past and future medical expenses in the amount of $75,894.07.  Past medical bills in the amount of $13,750.15.  Defendant secured IME with Dr. Kim Stearns.  Dr. Stearns offers the opinion that plaintiff had a chronic, degenerative process in the knee that would be on-going, but obviously pre-existed the subject motor vehicle accident.  Any future treatment would be more consistent with the natural degenerative processes as opposed to any trauma from the subject motor vehicle accident.  Plaintiff submitted a lost wage claim in the amount of $4,441.92

Plaintiff’s counsel asked the jury for general damages in the amount of $150,000.00.  Defendant asked the jury for a defense verdict.

After deliberations of four hours, the jury apportioned fault between the parties, assessing 65 percent negligence upon the plaintiff, James Chapman, and 35 percent negligence against defendant, Nicholas A. Clark.  The damages were not calculated, as application of Ohio’s comparative negligence statute resulted in a defense verdict.

Should you wish any additional information in reference to this trial, please do not hesitate to contact Attorney Louis R. Moliterno of our office at our toll free number 1-888-648-3894, or his e-mail address at LMoliterno@wmslawohio.com.