On May 5 and May 6, 2010, Roger H. Williams of our office tried to conclusion a matter in the Court of Common Pleas for Stark County, Ohio, captioned Velma Henderson v. ABCD Dial-A-Ride, Case No. 2009CV01094, originally pending before the Honorable Judge Charles E. Brown, Jr.  By agreement of counsel the matter was tried before a jury and Judge Brown’s Magistrate ,Lori A. Flowers. 

This lawsuit arose out of an incident which occurred on April 11, 2007, on West Tuscarawas Street in the City of Canton, County of Stark, State of Ohio.  At that time the plaintiff, Velma Henderson, was a passenger on a van/bus operated by the defendant ABCD Dial-A-Ride.  ABCD Dial-A-Ride provides services to individuals who do not have the ability to attend various physician appointments either because of a lack of an automobile or lack of a driver’s license.  Most of the passengers are either Medicaid or Medicare recipients and ABCD Dial-A-Ride bills directly the appropriate governmental agency. 

The allegation against the defendant was that its driver, John Toney, subsequent to picking up the plaintiff, Velma Henderson, at the office of her orthopedic surgeon, Dr. Dennis Glazer, left the parking lot at a high rate of speed, exiting the driveway onto West Tuscarawas Street and then almost immediately thereafter being forced to apply his brakes.  It was alleged that as a result of this conduct the plaintiff, Velma Henderson, was thrown to the floor and re-injured a previously repaired right rotator cuff tear.  The claim was that she had been discharged by Dr. Glazer from her prior surgery on the date this incident took place. 

When questioned by the driver, Mr. Toney, as to whether or not she was injured, she replied that she was not.  He did continue on his route that day and eventually dropped the plaintiff off at her home.  She then took a cab to Mercy Medical Center and embarked upon an additional course of treatment which eventually led to a second rotator cuff surgery in June of 2007 with all of the attendant rehabilitation.  She was more or less discharged from the care of Dr. Glazer  a second time by the end of August 2007, although she did have some additional physical therapy thereafter.

Counsel for the plaintiff presented medical expenses of $12,727.74.  There was no claim for lost wages for loss of income as the plaintiff was on SSI due to a heart condition and COPD.

On behalf of the defendant evidence was produced which reduced the amount of “specials”, pursuant to the Jaques v. Manton decision, to a sum of $5,557.94. 

Prior to the commencement of trial the demand was $25,000.00 and the offer was $5,000.00. 

The allegation against the defendant was that its driver simply failed to exercise ordinary care in the operation of his vehicle and this resulted in the injury to the plaintiff.  There was no question that the plaintiff was thrown to the floor but it was the position of the defendant that its driver was not negligent and if he was negligent, his negligence was exceeded by the comparative negligence of the plaintiff who failed to utilize the seatbelt which was provided for her. 

After deliberating for approximately 20 to 25 minutes, the jury returned a verdict in favor of the defendant. 

Should you wish any additional information in reference to this trial, please do not hesitate to contact Attorney Roger H. Williams of our office at our toll free number of (888) 648-3894, or his e-mail address at rwilliams@wmslawohio.com.