On June 10th and June 11, 2009, Roger H. Williams of our office tried to conclusion the matter of Lorene A. Filing v Amanda Namenek, in Stark County Common Pleas Court, Case No. 07-CV-00674, before the Honorable Judge Frank Forchione.
This case arose from a two-car motor vehicle accident that occurred on February 12, 2005, on Frank Ave. in the City of Canton, Ohio. At the time of the accident the defendant Amanda R. Namenek operated a 1995 Chevrolet Lumina in a southbound direction on Frank Avenue, in the vicinity of Portage Avenue. Lorene A. Filing, aged 48, operated a 1999 tan Ford Escort, also traveling southbound on Frank Avenue. Defendant Namenek, aged 17 at the time of the accident, failed to maintain assured clearance distance ahead, striking the rear of the plaintiff’s vehicle at a speed of approximately two miles per hour. The accident, categorized as a “low impact collision”, resulted in minimal damage to both vehicles and was clearly displayed in photographs of the vehicles. Damage to the Plaintiff’s rear bumper was in the amount of $666.78. Neither party reported injury at the scene of the accident.  The State Trooper present noted neither woman was visibly injured.  Negligence was stipulated, but proximate cause and damages were disputed.

Plaintiff claimed a total of $115,915.77 in medical expenses, though the amount post write-offs totaled less than $40,000.  Ms. Filing sought several forms of treatment for cervical pain following the motor vehicle accident. The plaintiff visited Kaiser Urgent Care on February 12, 2005 complaining of headaches, neck and upper back pain. Cervical spine X-rays revealed some degenerative disc disease that was described as “slight”. Degenerative disc disease is most commonly associated with the general aging process and not typically associated with trauma. Ms. Filing was fitted with a soft-collar and discharged. She referenced her history of fibromyalgia but did not mention the accident. Though she made several visits to medical professionals after the accident it was not discussed with any of her treating physicians until a March 4, 2005 meeting with her pain specialist Dr. David Gutlove. Dr. Gutlove ordered an MRI on April 1, 2005 that revealed a bulge and two herniated discs with effacement on her cervical spine. Despite the urging on her physicians, no diagnostic scans or x-rays were performed on the plaintiff’s cervical spine prior to the accident making it difficult to attribute the bulge and herniated discs discovered in the 2005 MRI to the accident rather than previous trauma.  Dr. Gutlove sought a surgical consult for the plaintiff, but after an argument concerning her suspected abuse of the prescription painkiller, Vicodin, Ms. Filing did not return to see Dr. Gutlove. After the plaintiff discontinued her treatment with Dr. Gutlove she discussed the MRI results and accident with her primary care physician Dr. Alexsandra Manomis, who referred the plaintiff to Dr. Douglas Ehrler for a surgical consult. Dr. Ehrler, an orthopedic surgeon, performed an exam and assessed the plaintiff’s MRI. He offered Ms. Filing the option of having surgery performed though in his opinion it was not necessary. Ms. Filing scheduled her surgery with Dr. Ehrler. However, after Dr. Ehrler was informed by Dr. Manomis of the plaintiff’s suspected pain killer abuse, he confronted her, she became “belligerent” and was subsequently discharged from Dr. Ehrler’s practice. Ultimately, after a referral from her father’s physician, Dr. Dane J. Donich performed the cervical fusion, on July 26, 2005.  After surgery the plaintiff visited Edwin Shaw, a physical therapy and rehabilitation center, to aid in her recovery. Though records from Edwin Shaw show the plaintiff needed to continue with therapy she did not return to the facility after 23 visits. She began treatment with pain management specialist Dr. James Bressi primarily for the prescription of the pain medication morphine.

During defense discovery it became apparent that Ms. Filing’s extensive medical history included cervical pain six years prior to the accident. Starting in 1999 the plaintiff was treated for back, neck and head pain symptoms identical to those she claimed were a result of the 2005 accident. Several of the Ms. Filing’s physicians attributed her pain to the condition fibromyalgia. Both Dr. Manomis and Dr. Gutlove diagnosed the plaintiff with fibromyalgia, a chronic condition that causes constant, widespread pain. Beginning in 2003, Ms. Filing was treated for her fibromyalgia symptoms with several prescription drugs. Nine days prior to the accident the plaintiff visited Diane Johnson a physical therapist and masseuse at Bee Healthy and Exercise. On this February 3 visit, the plaintiff presented with complaints of severe pain and numbness in her cervical spine, back shoulders and arms. Ms. Johnson diagnosed the plaintiff with cervical sprain and strain. Nine days after the accident when Ms. Filing returned to Bee Healthy and Exercise she presented with the same complaints, making no mention of the accident or any increased pain. This initial visit indicated Ms. Filing was experiencing a great deal of pain not associated with the accident, and she intended to continue treatment with Ms. Johnson. It was clear Ms. Filing did not view the accident as the cause of her pain.  The plaintiff attributed the pain to the accident only after one of her physicians suggested that it could have caused a soft tissue injury. The plaintiff’s failure to mention the accident to any of the physicians or therapists for nearly a month, despite previous visits, cast suspicion on the plaintiff’s claim her injuries resulted from said accident.

Additionally, the plaintiff’s medical history included twelve concussions that, Dr. Gutlove’s records note, caused severe headaches and intermittent pain in various parts of her body. In January, 2003, when the plaintiff initially saw Dr. Gutlove because of reduced range of motion in the cervical spine due to pain in her neck, she referenced her concussion of the previous year as a possible cause. Dr. James Bressi, a pain management specialist and expert witness for the plaintiff, confirmed Ms. Filing’s history of concussions and noted that she was the victim of spousal abuse that included multiple assaults to her upper body. This strengthened the defense position that injuries sustained were not caused by the February 12th accident. It was the defense position that due to the plaintiff’s apparent dismissal of the accident as the cause of her pain, as well as her previous injuries and lack of diagnostic tests prior to the accident, that the motor vehicle accident in question did not cause further injury to the plaintiff.

Plaintiff’s counsel asked the jury for general damages in excess of $200,000. Mr. Williams asked the jury for a defense verdict exempting Ms. Namenek from responsibility for the injuries Ms. Filing sustained.  

After deliberations of twenty minutes the jury returned a unanimous verdict in favor of the defendant.

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