The case captioned Danita Y. Smith v. Colten J. Hughell, Summit County Common Pleas Court, Case No. CV 2009 03 2012 was tried over the course of two days from May 4, 2010 through May 5, 2010. The case was tried by Anne M. Markowski of our office before Judge Brenda Burnham-Unruh.

This case arose from a motor vehicle accident involving our client, Defendant, Colten J. Hughell, and the Plaintiff, Danita Y. Smith on November 9, 2007.   The accident occurred as defendant failed to yield at a red light and struck the plaintiff who was traveling through the intersection of Market St. and High Street in Akron, Ohio.  The impact was heavy, forcing the plaintiff’s vehicle to spin around and end up facing the opposite direction. Liability was stipulated at trial.  The case went to the jury only on the issues of proximate cause and the extent of damages.

Emergency Services transported the plaintiff to St. Thomas Emergency Department from the scene.  Plaintiff complained of pain to her neck, left shoulder and left leg.  Plaintiff also complained of a mild headache.  All x-rays were negative for fracture or dislocation.  One week later, plaintiff began treating at Akron Square Chiropractic.  Plaintiff treated with the chiropractor from November 15, 2007 through August 12, 2008.  In addition, plaintiff had one visit with an orthopedic surgeon, Dr. Prasanna Soni, on December 5, 2007.

Plaintiff submitted medical bills totaling approximately $11,656.25. She further claimed lost wages in the amount of $1,296.00.

There were limited negotiations prior to trial.  Plaintiff maintained a demand of $30,000.  Defendant’s offer was $11,000.

At trial, plaintiff presented the videotape trial deposition of the chiropractor, Minas Floros.  Dr. Floros testified that as a result of the subject accident, plaintiff suffered cervical, thoracic and lumbar sprains. He testified that the plaintiff may experience future flare-ups related to the accident injuries.  Dr. Floros testified it is likely the plaintiff will need future care.  He did confirm on cross-examination that plaintiff’s diagnostic testing revealed normal or unremarkable results.  In addition, Dr. Floros confirmed he treated the plaintiff 76 times over the next ten months. 

The videotaped trial deposition of Dr. Prasanna Soni was also presented to the jury.  Dr. Soni testified he saw the plaintiff for one office visit at which he provided twelve trigger point injections to the plaintiff’s neck and back.  Although he only saw the plaintiff for one visit, Dr. Soni testified that he expected her to make a full recovery from her injuries. Upon cross-examination, Dr. Soni testified he fully explained the trigger point injection treatment to the plaintiff and obtained verbal consent.  The plaintiff testified she did not consent to any injections and was visibly upset at the treatment.  Further, the plaintiff never testified that the trigger point injections brought her any relief.

The defense did not retain a medical expert throughout the course of this litigation.  At trial, Ms. Markowski argued that plaintiff’s chiropractic treatment was excessive.  This argument was bolstered by the fact that the extensive diagnostic testing revealed no objective signs of injury.  Further, the plaintiff, Dr. Floros, and Dr. Soni offered contradictory testimony to both each other and the medical records entered into evidence.

After deliberations, the jury returned a verdict in favor of the plaintiff in the amount of $10,163.25.

If you would like any further information with regard to this trial, please do not hesitate to directly contact attorney Anne M. Markowski.