On January 7, 2010, Louis R. Moliterno of our office tried to conclusion the matter of Nahid A. Seder v Clayton J. Donofrio, et al., on behalf of Clayton Donofrio, in the Mahoning County Common Pleas Court, Case No., 08-CV-00204, before The Honorable James C. Evans.

This case arose from a two-car collision that occurred January 25, 2006, at the intersection of Beverly Avenue and Oakwood Avenue in Austintown, Ohio.  At that time, defendant, Clayton Donofrio, operated a 2000 Dodge Intrepid, silver in color, in a westbound direction on Oakwood.  At all relevant times, he was confronted by a stop sign.  Due to inclement weather conditions, Mr. Donofrio’s vehicle slid on ice into the intersection.  A collision ensued with a 1996 Cadillac SLS operated by plaintiff, Nahid A. Seder.  Negligence was stipulated

Plaintiff submitted medical “specials” in the amount $47,656.26.  Those bills contained Robinson v Bates write-offs of $17,216.71.  This left the jury with two medical billing amounts to consider – the amount billed and the amount “accepted for payment ($30,439.55) under Robinson.

Plaintiff claimed to have suffered neck, left shoulder, left elbow, chest, low back, and right knee injuries as a result of the accident.  Plaintiff denied pre-existing issues with these parts of his body.  Medical records pre-dating the accident indicate otherwise. Mr. Seder believed he suffered a meniscal tear, but the surgical notes indicated no such findings.

Defendant secured independent medical examination was secured with Dr. James David Brodell, a board-certified orthopedic surgeon.  Dr. Brodell’s testified that plaintiff had long-standing neck pain and right knee pain, which required medical care prior to the subject accident.  Dr. Brodell also testified that plaintiff sustained mild cervical strain/sprain and mild right knee sprain/strain that by the June 12, 2006 physical therapy visit should have resolved.

After deliberations, the jury returned a verdict in favor of the plaintiff, Nahid Seeder, in the amount of $10,000.00.  An offer made on behalf of defendant Donofrio before trial in the amount of $18,000.00 was rejected by plaintiff.

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.