On December 9, 2009, Kelly N. Grigsby of our office tried to conclusion the matter of Matthew Meyer, et al. v. State Farm, et al. pending in the Cuyahoga County Common Pleas Court, before the Honorable Nancy Fuerst.   Attorney Grigsby represented Madge Walter, Administratrix of The Estate of Jack Toy.  Defendant Madge Walter and co-Defendant State Auto Insurance Company filed a Joint Motion to Bifurcate Trial as to issues of liability and damages, and this motion was granted by the Court.

This lawsuit was filed for alleged injuries as a result of a motor vehicle accident that occurred on October 27, 2007.  Plaintiff Matthew Meyer was traveling in his work van with an employee eastbound on I-480 near the Valley View bridge (east of I-77.)  Defendant Jack Toy, deceased, was also traveling eastbound at this time.  Based upon testimony at trial from three (3) separate eyewitnesses, Defendant Toy’s vehicle abruptly swerved out of his lane and veered across 2 or 3 lanes before broad-siding the Plaintiff’s van.  This impact caused the Plaintiff’s van to flip onto its side, slide down the roadway against the median wall, and flip back upright.

The Defendant was transported from the scene by EMS, completely unresponsive.  Defendant Toy eventually expired as a result of his accident-related injuries and extensive blunt force trauma.

This case was tried on the issues of liability only, as Attorney Grigsby argued that Defendant Toy, deceased, suffered a ruptured cerebral aneurysm causing him to lose consciousness and to instantly lose control of his vehicle.  If proven, this would excuse his legal responsibility for the collision.

The jury heard testimony of the three (3) eyewitnesses, the Plaintiff Matthew Meyer, and defense expert Dr. Robert Geertman a neurosurgeon from MetroHealth Medical Center.  Dr. Geertman operated on Jack Toy at MetroHealth Medical Center immediately after the collision.  Dr. Geertman testified that the CT scans and cerebral angiograms revealed evidence of a ruptured cerebral aneurysm, and that the blood pattern was consistent with a non-traumatic rupture.  This ruptured aneurysm would have caused loss of consciousness and/or loss of control of the vehicle.  Dr. Geertman distinguished the cerebral aneurysm from other brain aneurysms discerned by the tests, which were caused by head trauma due from the collision itself.

Plaintiff called Dr. David Preston, a neurologist and professor at Case Western Reserve University Medical School.  Dr. Preston stated that the CT scans and angiogram were inconclusive as to whether the rupture pre-dated or post-dated the collision.  Further, Dr. Preston testified as to the investigation and photographs taken by the County Coroner, and claimed there was no post-mortem evidence of a rupture.

The jury received the case for deliberation and returned a verdict on December 14, 2009 in favor of Plaintiffs Matthew and Heather Meyer and against the Estate of Jack Toy.  As a condition of the bifurcated jury trial, the parties had reached a stipulation that the Plaintiff’s injury would be compensated in the amount of $100,000 from Jack Toy and $165,000 from Defendant State Auto.

At the time of the collision, the Plaintiff’s left arm was dragged along the pavement and Plaintiff suffered extensive injuries.  He was self-employed as a carpet cleaner and also claimed economic losses since he was unable to return to work for several months.  Plaintiff’s injuries were quite extensive, including surgery for his left arm injuries, psychological treatment, lost earnings, and reconstructive surgery of the left arm due to related nerve entrapment.  The stipulation as to damages was based in part upon these injuries and the incurred medical expenses of nearly $50,000, a permanent scar and lost earnings of more than $40,000.

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