On January 28th and January 29th, 2010, Ian Luschin of our office tried to a conclusion a matter captioned Tanisha M. Luster v. Joann B. Workman, in the Summit County Common Pleas Court, Case No. CV 2009 02 1324 before Judge Thomas Teodosio.  

This case arose as a result of a rear-end motor vehicle accident that occurred on February 26, 2007, on East Market Street in Akron, Ohio.  Defendant Workman stipulated that her negligence caused the accident.  There was moderately severe damage to plaintiff Luster's vehicle, which was a total loss.

Plaintiff Tanisha Luster did not complain of injury at the scene.  She obtained emergency room treatment at Akron City Hospital, later that day.  She complained of neck and low back pain.  She followed up with her family physician for a total of three visits over the course of three months.  The family doctor prescribed physical therapy, which she attended twice.  She failed to appear for three more scheduled appointments.  She claimed that the physical therapy aggravated her alleged soft-tissue injuries.

Ms. Luster began treating with Akron Square Chiropractic approximately 13 weeks after the accident.  She made a total of 28 visits.  She testified that the chiropractic treatment was helpful, and her injuries completely resolved by the end of this treatment.  Strangely,  although she had no neck problems from the end of the chiropractic treatment on October 3, 2007, to the time of her deposition in September of 2009, Ms. Luster claimed at trial that, subsequent to her deposition, she had been having occasional neck pain that she related to the accident.

Minas Floros, D.C., of Akron Square Chiropractic, testified, on behalf of Ms. Luster, that she had sustained soft tissue injuries to her cervical, thoracic, and lumbar spine.  There was no defense expert.  Defendant Workman was unable to appear at trial because of a health issue.

Ms. Luster claimed total medical specials in the amount of approximately $5,200.00.  The jury reached a unanimous verdict, awarding Ms. Luster the total amount of $3,333.00.  There was no award for non-economic damages.

Should you wish any additional information in reference to this trial, please do not hesitate to contact Attorney Ian Luschin of our office at our toll-free number of (888) 648-3894, or his e-mail address at iluschin@wmslawohio.com.