On March 3, 2010, Louis R. Moliterno of our office tried to conclusion the matter of Garrett Ellis, et al. v Gerald Hamilton, on behalf of Gerald Hamilton, in the Mahoning County Common Pleas Court, Case No., 08-CV-04852, before The Honorable Lou A. D’Apolito.

This case arose from a two-car collision that occurred on March 7, 2008 on Lansdowne Boulevard, twenty feet north of Arch Street in the City of Youngstown.  Photographs of the Ellis vehicle depicted minor damage to the rear of the vehicle.  Negligence was stipulated

Plaintiff submitted medical “specials” in the amount $6,100.00.  Those bills contained Robinson v Bates write-offs of $600.00.  This left the jury with two medical billing amounts to consider – the amount billed and the amount “accepted for payment ($5,500.00) under Robinson.

Primary claimed injury was to the left shoulder.  Plaintiff’s treating physician Dr. James Pantelakis testified injury was “left shoulder AC arthritis and partial thickness cuff tear.”  Mr. Ellis was seventy-one years of age on the date of the subject motor vehicle accident.  He stated to Dr. Pantelakis that he struck his shoulder on either the seatbelt or window of the vehicle during the course of the collision.  MRI secured January 9, 2008 disclosed several abnormalities including a intrasubstance tear. 

Independent medical examination was secured with Dr. James David Brodell, a board-certified orthopedic surgeon.  Dr. Brodell testified that absolutely no aggravation or injury to the left shoulder occurred as a result of the accident.  Any future surgery, which seemed doubtful given the passage of time, would be unrelated to the subject motor vehicle accident.

After deliberations, the jury returned a verdict in favor of the defendant and against the plaintiff.  An offer made on behalf of defendant Hamilton before trial in the amount of $1,500.00 was rejected by plaintiff.  Plaintiff had made a demand of $25,000.00.

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.