On March 22, 2010, Kelly N. Grigsby of our office tried to conclusion the matter of Earl McCready v. Wayne Abron in the Mahoning County Common Pleas Court, pending in front of the Honorable John Durkin.  By consent of the parties, the matter was tried before the Court’s appointed Magistrate, Dominic DeLaurentis.

This lawsuit was filed for alleged injuries as a result of a motorcycle-vehicle collision between the parties that occurred on August 14, 2005 on Gladstone Road in Youngstown, Ohio.  The lawsuit alleged that Plaintiff McCready was traveling lawfully on his motorcycle when he was struck by the Jeep operated by Defendant Abron.  This lawsuit was defended on the issues of negligence, as Defendant Abron alleged that it was the Plaintiff’s own negligence that was the proximate cause of the collision.  Defendant alleged that the Plaintiff attempted to pass on the right, lost control and collided with the driver’s side of the Jeep.

Defendant GEICO also participated at the jury trial with a claim for subrogation as to insurance benefits paid to Defendant Abron for property damage, car rental and medical bills as a result of this accident.  There was also a counterclaim for pain and suffering.

Plaintiff testified that he did not recall where Defendant Abron came from before the collision.  Plaintiff received emergency room treatment for scrapes and soft tissue injuries.  He called his estranged wife, Joyce McCready, to testify as to his appearance and apparent concussion at the scene.

Attorney Grigsby asked the jury for a defense verdict as to the issue of liability against Plaintiff McCready and for a verdict for Defendant Abron’s pain and suffering.  Defense counsel for GEICO sought a verdict for repayment of the emergency room expenses he property repairs and rental expenses or Defendant Abron.

The Jury Trial concluded on Tuesday, March 23, 2010, after the jury deliberated less than two hours.  The jury returned a unanimous verdict in favor of Defendant Abron as to the issues of liability and awarded the Defendant $1,500.00 for his pain and suffering.  The jury returned a unanimous verdict for GEICO for $3,494.12 for auto repairs and rental expenses, and medical bills of $1,712.25, for a total verdict of $5,206.37.

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