On September 8, 2009, Kelly N. Grigsby of our office tried to conclusion the matter of Daniel Pinchak v. Vincent G. Prudhomme in the Cuyahoga County Common Pleas Court, Case No. 08-675327, pending in front of the Honorable Timothy McCormick.

This case arose from a one-car motor vehicle accident that occurred on October 26, 2007, on Old Mill Road in Gates Mills, Ohio.  At the time of the subject accident, the Defendant Vincent Prudhomme was operating a 2007 Audi Quattro owned by the Plaintiff-passenger Daniel Pinchak.  At the time of the subject accident, Defendant was 19 years old and the Plaintiff was 21 years old.  The two were traveling to dinner at a restaurant when the Plaintiff yanked the steering wheel, causing the Defendant to strike a guardrail and ultimately end up in a ditch against a tree.  The property damage and total loss was valued at $74,000.00

Both the Plaintiff and the Defendant were eventually transported from the scene by ambulance and were hospitalized over 2-1/2 days.  The Plaintiff incurred $30,000.00 of medical bills for this hospitalization, including extensive diagnostic tests which revealed no fractures or abnormalities.  However, Plaintiff’s attorney alleged that at least one of the medical records revealed a suspected T3 disc fracture.

Plaintiff testified as to the injury claims and as to the issues of liability.  Plaintiff also called the Gates Mills investigating police officer to testify as to the extent of damage to the vehicle, to identify scene photographs and to describe conversations with the Plaintiff and Defendant as to the issues of liability.  Plaintiff did not present any medical testimony either from the hospital doctor or a subsequent consultation and treatment with an orthopedic surgeon.  The Defendant Vincent Prudhomme disputed liability.  Moreover, the jury heard evidence that at the time of the accident, Plaintiff owned a fleet of exotic vehicles allegedly a part of his business, Prestige Exotic Rentals.  These vehicles included a Lamborghini, Rolls Royce, Bentley, Land Rover, Range Rover, BMWs, Escalade, Lexus, and the subject Audi.  The jury also learned that the Plaintiff was sent by his parents to live with his grandparents at the age of 10, that Plaintiff dropped out of high school in the 11th grade and only obtained a GED.  The jury further learned that the Plaintiff resided with a 53-year-old podiatrist in Beachwood, Ohio, and had no other earned income at the time of the subject accident.

The Plaintiff’s counsel asked the jury for payment of the medical bills and for pain and suffering in the same amount, effectively requesting a $60,000.00 verdict.  Kelly N. Grigsby asked the jury for a defense verdict, exempting Mr. Prudhomme from responsibility for the injuries allegedly sustained by the Plaintiff.

Based upon the Defendant’s denial of liability, accusation that the Plaintiff caused the accident to get rid of the Audi since it had been in a prior accident and had some brake defects, and that the Plaintiff intended to “share his winnings” with the Defendant from the jury verdict, the jury returned a defense verdict after less than one hour of deliberation.

Should you wish any additional information in reference to this Trial, please do not hesitate to contact Attorney Kelly N. Grigsby of our office at our toll-free number of (888) 648-3894, or her e-mail address at kgrigsby@wmslawohio.com.