The case captioned Robert G. Schoeniger v. Alice M. Zarobell, et al., Cuyahoga County Common Pleas Court, Case No. CV-08-661808 was tried over the course of two days from June 9, 2010 through June 10, 2010. The case was tried by Anne M. Markowski of our office before Judge Joseph D. Russo.

This case arose from a motor vehicle accident involving our client,  Defendant, Alice M.. Zarobell and the Plaintiff,  Robert G. Schoeniger on June 26, 2006.   The accident occurred as defendant failed to yield making a left turn, causing an impact with the plaintiff’s vehicle. This was a T-bone accident where the front of the plaintiff’s vehicle struck  the driver’s side of the defendant’s car. Liability was stipulated at trial.  The case went to the jury only on the issues of proximate cause and the extent of damages.

The next day, June 27, 2006, plaintiff presented to Lutheran Urgent Care where he complained of neck and mid-back pain.  After the urgent care, plaintiff presented to Medical Care Group for treatment and physical therapy.  However, the plaintiff did not attend any physical therapy sessions.  Several months late, the plaintiff returned to Medical Care Group seeking additional treatment.  Plaintiff had no medical care between the end of July and November 2006. 

Plaintiff’s doctor again referred him to physical therapy.  Plaintiff had no active treatment until February 2007.  Plaintiff then changed doctors and began treating with Dr. Malkamai.  Dr. Malkamaki diagnosed the plaintiff with a herniated disc in March, 2007.  He then referred the plaintiff to physical therapy and also provided epidural injections for pain.  Plaintiff continued to treat with Dr. Malkamaki until October, 2007. 

Plaintiff submitted $13,910.72 in medical bills.  In addition, plaintiff asserted $38,000.00 in lost wages.  Plaintiff did not work from February 20, 2007 until October 3, 2007. 

There were limited negotiations prior to trial.  Plaintiff maintained a demand of $100,000. Defendant’s offer at trial was $3,372.

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.

Plaintiff presented two (2) expert witnesses by deposition.  First, Dr. Denise Jennings only treated the plaintiff one time on July 13, 2006.  She did not review a complete set of the plaintiff’s records and was not aware of any of the treatment he received following Medical Care Group.  Dr. Jennings diagnosed the plaintiff with a cervical strain/sprain as a result of the motor vehicle accident.  She also testified that plaintiff would have improved faster had he participated with the physical therapy program.

Plaintiff second’s expert was Dr. Malkamaki.  Dr. Malkamaki testified that the herniated disc was a direct and proximate result of the motor vehicle accident.  He based his opinions on the history he received from the plaintiff, his own examination of the plaintiff, and the MRI.  Dr. Malkamaki confirmed on cross-examination that he did not review any medical records of prior treatment of the plaintiff.  Further, he was not aware the plaintiff had sustained a prior strain/sprain of the low back.  Dr. Malkamaki also confirmed that the MRI was not taken until eight months following the accident.  He testified that this would be a very severe and painful herniation but yet also testified that it would be a herniation that could develop overtime.

In final argument, plaintiff’s counsel’s asked the jury to award the plaintiff $150,000.00.  Plaintiff’s counsel argued that the medical bills were near $14,000.00 and the plaintiff lost $38,000.00 in lost wages.  Plaintiff’s counsel argued there was undisputed evidence and there was nothing to contradict the two (2) expert witnesses that related all of the plaintiff’s injuries to the motor vehicle accident.

The defense did not retain a medical expert throughout the course of this litigation. Ms. Markowski  argued the gap in the plaintiff’s treatment between July and November 2006 as a significant point of contention with regard to causation.  More specifically, plaintiff owns and operates his own Deli and he is a Cleveland Fire Fighter.  The plaintiff continued to work full-time both at the Deli and the fire department between the date of the accident and February of 2007, a period of approximately eight months.  It was only after that time that the plaintiff took time off work and then submitted a lost wage claim of $38,000 to the jury.

After deliberations, the jury returned a verdict in favor of the plaintiff in the amount of $2,000.

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