On December 7, 2009, Kelly N. Grigsby of our office tried to conclusion the matter of David Holly, et al. v. Michaelene Delahanty pending in the Cuyahoga County Common Pleas Court, before the Honorable Nancy McDonnell.  By appointment, the retired Honorable Michael Corrigan presided over the jury trial.

This lawsuit was filed for alleged injuries as a result of a motor vehicle accident that occurred on May 15, 2006, on Interstate 77 southbound in Cleveland, Ohio.  Defendant Delahanty was entering I-77 from I-490 when she hydroplaned and collided with the vehicle operated by non-party Kevin Martin.  Upon impact, Defendant’s vehicle spun 360° and came to rest southbound in the far right lane.  Immediately thereafter, Plaintiff David Holly collided with the rear of Defendant’s vehicle, pushing her forward into the rear of a semi-trailer operated by non-party Trevor Howell.  Plaintiff thereafter collided with the Howell semi-trailer truck as well.  Plaintiff David Holly was married to Plaintiff Sarah Baines-Holly, who was riding in the passenger side of the Plaintiff’s vehicle.

This lawsuit was defended on the issues of negligence, as Defendant Delahanty alleged that it was the Plaintiff’s own negligence that caused the collision.  By David Holly’s own testimony, he was initially traveling in the far left lane as he approached the I-77 and I-490 interchange—more than 2 lanes away from where the Defendant hydroplaned into another vehicle.  Inexplicably, Plaintiff David Holly saw the commotion ahead to the right, slowed his vehicle due to the rain, and moved into the lane to the right where he collided with the Defendant’s vehicle after she came to rest.

As a result of the rear-end impact to the Defendant’s vehicle and subsequent collision with a semi-trailer, both Plaintiffs alleged bodily injuries.  Plaintiff Sarah Baines-Holly was transported by EMS to the emergency room where she was admitted overnight for observation.  Both Plaintiffs thereafter received chiropractic treatment for several weeks.

At the close of Plaintiffs’ case, Attorney Grigsby made an oral motion for directed verdict.  The Plaintiffs had failed to call any medical expert witness to testify as to the issues of proximate cause of injury from this accident.  The Court granted this directed in part to exclude the medical evidence of Plaintiff David Holly, but denied the motion as to the emergency room expenses of Plaintiff Sarah Baines-Holly.  The Court also considered a motion directed verdict since the Plaintiffs failed to demonstrate what negligence act of Defendant caused the collision with Plaintiffs, when it was clear that if Plaintiff David Holly had remained in the far left lane he would not have collided with Defendant.

The Jury Trial concluded on Tuesday, December 8, 2009, as the Court issued a directed verdict against Plaintiffs and in favor of Defendant Delahanty.

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