On July 15, 2009, Louis R. Moliterno of our office tried to conclusion the matter Misty Gee-Williams v Elizabeth Farone, in the Trumbull County Common Pleas Court, Case No. 07-CV-01440, before the Honorable Judge W. Wyatt McKay.

This case arose from a two-car motor vehicle accident that occurred June 21, 2005, on State Route 5, in the City of Cortland, Ohio.  At that time, the defendant, Elizabeth Farone, operated a 1997 Chevrolet S-10 in a generally southbound direction on State Route 5, in the vicinity of the 3600 block.  Joan E. Nutter operated a 1994 Ford Escort, white in color, also in a southbound direction on Route 5.  A backseat passenger in the vehicle was plaintiff, Misty L. Gee-Williams, age thirty-three.  Defendant Farone failed to maintain assured clear distance ahead, striking the rear of the Nutter vehicle.  Photographs of the Nutter vehicle disclosed very little damage.  There appeared to be some damage to the passenger side taillight assembly, and the bumper cover appears to be disrupted and marked.  Estimate for repair of the Nutter vehicle totaled $1,341.47.  Repair of the defendant’s vehicle was accomplished in the amount of $663.24.  All objective evidence indicated a minor impact.   Negligence was stipulated. 

Plaintiff claimed a total of $11,679.00 in medical bills.  Billing plainly indicates total insurance write-offs of $2,808.33.  Plaintiff was treated at Sears Dental, specifically Dr. Isam Ibrahim.  A narrative report produced by Dr. Ibrahim indicated that he had to perform several root canals as a result of cracked teeth that he attributed to the subject motor vehicle accident.  Plaintiff claimed injury to the back, neck, and teeth as a result of the subject motor vehicle accident.  It should be noted that she was taken by ambulance from the scene of the accident to an emergency room, where she was treated and released with a neck brace.  She confirmed being able to walk out of the emergency room. Ms. Gee-Williams testified that she had difficulty getting a doctor’s appointment because she “had no insurance.”  She took over-the-counter medication, and eventually visited Dr. Uberti with complaints of stiff neck and back.  She recalled no diagnosis beyond whiplash.  Chiropractic treatment was recommended by Dr. Uberti, and plaintiff followed-up with Dr. Brian Cecil at Wellness One in Warren.

Defendant had a records review performed by a general dentist.  The doctor reviewed the records and films, and testified that Ms. Gee-Williams had a long history of clenching, bruxing, and grinding her teeth.  He indicated that it is well established that long-term clenching and/or bruxing of the teeth can lead to cracked teeth, chipped teeth, and ultimately pulp devitalization.  He also testified to the fact that there is absolutely no evidence of jaw, mouth, dental, or facial trauma to Ms. Gee-Williams at the time of the subject motor vehicle accident.  Ms. Gee-Williams indicated that she did sustain such trauma, but this is not reflected in the records.  The doctor testified that in his experience, those with trauma related dental injuries would make complaints almost immediately.  As a result, he testified that the dental work is in no way related to the subject motor vehicle accident.  This eliminated $5,211.00 of the claimed medical “specials.”  The remainder is soft-tissue injury with $2,780.00 in chiropractic treatment between August and November of 2005.  There was no treatment for anything other than the dental injury since that time.

Plaintiff’s counsel asked the jury for general damages in the amount of $65,000.00.  Defendant asked the jury for verdict in the amount of $1,500.00.

After deliberations of three hours, the jury returned a verdict in favor of the plaintiff, Misty Gee-Williams, in the amount of $1,500.00. 

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.