On August 13th and August 14, 2009, Roger H. Williams of our office tried to conclusion the matter of Luisa Rodriguez v. Michael Cunningham in the Cuyahoga County Common Pleas Court, Case No. 08-660630 before visiting Judge Thomas J. Pokorny. 

This case arose from an intersection collision on January 14, 2006, at Brookpark Road and W. 130th Street in Cleveland, Ohio at approximately 10:30 a.m.  Due to a power outage, the four-way traffic lights were not functioning.  The defendant, who was represented by our office, did describe icy road conditions. 

He was proceeding westbound on Brookpark Road and came to a complete stop.  Upon yielding to traffic with the right-of-way, he entered the intersection.  According to him he was well in to the middle of the intersection when the plaintiff, who was traveling southbound on W. 130th Street, failed to yield from a stop and proceeded into the roadway.  She was broadsided by the defendant on the driver’s side of her vehicle.  It was a relatively heavy impact. 

The plaintiff alleged injuries to her spleen, a contusion to her back, elbow, chest wall and abdomen wall.  She also suffered three fractured ribs and claimed to have dislocated a shoulder.

After the accident the plaintiff was transported to Fairview General Hospital by ambulance where she was admitted as an inpatient for four days.  Billing for her initial treatment at Fairview General Hospital was in excess of $20,000.00.  Much of the billing was for treatment that was diagnostic in nature.  She was discharged with follow-up instructions. 

She was evaluated by an orthopedic surgeon, Dr. Kim Stearns, on January 31, 2006. He examined the plaintiff and ordered a MRI of her left shoulder.  He continued to monitor the plaintiff and she submitted to physical therapy at Lutheran Hospital from February 21, 2006, through March 30, 2006.  Dr. Stearns last saw the plaintiff on April 11, 2006, and noted that her injuries were essentially resolved.  He testified on videotape that all of the plaintiff’s treatment was reasonable and necessary for her injuries.  However, he did not provide any opinion as to permanency or need for future treatment.  No medical expert was retained on behalf of the defendant.

In addition the plaintiff submitted a lost wage claim in the amount of $2,356.25.  Allegedly, she missed three months of work from her employment at Gabriel Brothers. 

At trial, the plaintiff testified utilizing the services of an interpreter.  Although she had been in the United States since April of 1964, having emigrated from the Dominion Republic, English was still her second language.  As to liability, she testified that she had been at the stop bar southbound on W. 130th Street for five minutes prior to entering the intersection.  She also testified that when she first saw the traffic light was inoperable, she was only two to three feet from the stop bar.  She never observed the vehicle of the defendant which was a rather large Ford pick-up truck prior to her entering the intersection.  She testified that she looked twice before entering the intersection and then a third time but never saw the vehicle of the defendant.  Her speed as she entered the intersection was only 15 to 20 m.p.h.  She also testified that she saw a vehicle stopped in the same direction as the defendant but never saw the defendant. She acknowledged that there were no cars blocking her view to the left and as it was a Saturday morning the traffic was very light. 

Unfortunately the defendant, subsequent to the accident, had become afflicted with a medical condition which rendered him legally blind.  However, he was able to testify as to his recollection of the accident and had previously given a deposition prior to the problems with his vision.  He testified that he was not on the cell phone at the time of the accident.  He came to a complete stop and waited until traffic had cleared prior to entering the intersection.  He was almost completely through the intersection having crossed two northbound lanes on W. 130th and then two southbound turning lanes prior to entering into the lane where the plaintiff pulled into his path without warning. 

Aside from the videotape deposition of Dr. Stearns, the son of the plaintiff, Luis Rodriguez, also testified.  He was not a witness to the accident.  He testified that he spoke with his mother about how the accident occurred three to four days later.  Upon cross-examination he had to acknowledge that she never told him what lane of traffic she was in at the time that the collision occurred, though she did confirm that she never saw the defendant until shortly prior to the time of the accident. 

The plaintiff’s counsel asked the jury for a verdict in the amount of the medical and lost wage “specials” which were in excess of $29,000.00 plus an additional amount for pain and suffering.  On behalf of the defendant, Mr. Williams asked the jury for a defense verdict exempting Mr. Cunningham from responsibility for the injuries allegedly sustained by the plaintiff. 

After approximately an hour and forty-five minutes of deliberation the jury returned a verdict in favor of the defendant. 

There were no appealable issues and the case was closed after the expiration of the 30 day time period for the filing of a Notice of Appeal.  No post-trial motions were filed.

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 of (888) 648-3894, or his e-mail address at rwilliams@wmslawohio.com.