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Verdicts & Settlements

AUTOMOBILE/TRUCK ACCIDENT CLAIMS:

A $2 Million verdict was awarded in Lorain County Common Pleas Court involving the wrongful death of a 40-year-old man who was killed when his car struck a truck that pulled out in front of him on Pearl Road.

Allstate Insurance Company was defeated in Stark County Common Pleas Court when it failed to make an appropriate settlement offer to a 25-year-old woman who suffered soft tissue injuries when her motorcycle was struck by a car that failed to yield the right of way.

A grandmother and her granddaughter were involved in a motor vehicle accident wherein the grandmother was killed and the granddaughter suffered soft tissue injuries.  The grandmother's estate recovered $50,000, which consisted of the wrongdoer's policy limits.

A $500,000 settlement offer was obtained on behalf of a minor boy who was a passenger in a one car accident.  The driver operated his car in excessive speed and lost control, slamming into a tree, and splitting the vehicle in half.

When a driver failed to yield the right of way to a 49-year-old man lawfully operating a motorcycle, the motorcyclist was killed, and the estate recovered $900,000.

$500,000 policy limits were recovered for the wrongful death of a 27-year-old male motorcyclist who was killed when a van negligently turned left in front of him, causing the motorcycle to slam into the side of the van.

A 15-year-old male passenger recovered $45,000 when his driver negligently operated the motor vehicle, causing an accident, and resulting in soft tissue injuries to the minor teen.

A 64-year-old male, leaving a wife and three adult children, was killed when he was involved in a serious motor vehicle accident. The estate recovered Allstate's $100,000 limits from the wrongdoer's policy, and then pursued a Scott-Pontzer claim, recovering $1,350,000. 

A 14-year-old unrestrained passenger was involved in a car accident resulting in fractured vertebraes and ribs.  An offer of $47,000 was made before suit was filed. The case was settled at mediation for $70,000.

A $1.7 Million settlement was reached on behalf of a mother and her 14 year old child who were involved in a serious head on collision.  The mother suffered substantial fractures and internal injuries and the minor child suffered soft tissue injuries.

A 4-year-old child was struck by a vehicle while crossing the street, resulting in a fractured hip which required surgery and insertion of a pin.  The insurance carrier relinquished its $12,500 policy limits in settlement of this claim. 

A pedestrian walking her bicycle across an intersection was struck by a car, resulting in the pedestrian suffering multiple fractures, collapsed lung, and a ruptured diaphragm.  The wrongdoer was uninsured, and an uninsured motorist claim resulted in a settlement of $300,000.

The $100,000 policy limits were recovered for a 6-year-old student who was struck by a car when he crossed the street after being dropped off by his school bus.  The child suffered permanent brain damage.  The school bus driver negligently dropped the child off at an unfamiliar stop, and did not use appropriate measures while the child crossed the street in front of the bus.

A $200,000 recovery was made on behalf of a 28-year-old man who was struck and killed while standing on the side of the road while a tow truck driver assisted his disable vehicle. An unidentified wrongdoer struck the pedestrian and left the scene.   

A 15-year-old boy sustained a right tibia fracture when involved in an automobile accident. The minor recovered $41,500.

An innocent passenger involved in a police chase was killed when his driver crashed into an improperly marked construction site. The estate recovered $402,500. 

A 27-year-old man was an innocent victim of a high speed police chase when his vehicle was struck by the police cruiser. The estate recovered $100,000.

A 6-year-old boy, a passenger in his mother's vehicle, was struck by a high speed vehicle, resulting in personal injuries. The minor recovered $72,500. 

$463,500 was recovered on behalf of a passenger who was killed when his uninsured driver caused a severe car accident.  

A 12-year-old girl collected the $12,500 policy limits of a driver who negligently failed to yield the right of way while the child was crossing the intersection on her bicycle.

A grandmother and her granddaughter were killed while passengers in a vehicle where the driver operated the vehicle at a high rate of speed, lost control, and crashed the vehicle into a guardrail, causing the vehicle to flip several times. The estate of the 36-year-old grandmother recovered $570,000, and the estate of the 1-year-old granddaughter recovered $105,000.

$125,000 was recovered by an 11-year-old boy who was struck by a truck while crossing in a crosswalk. He was hospitalized for 5 weeks and then placed into a partial body cast for an additional 5 weeks due to his injuries. 

$200,000 policy limits were recovered by the estate of a man who was killed in an automobile accident. 

A man was killed while crossing the street to retrieve his mail at the mailboxes located on the southside of his street. When returning across the street to his home, he was struck by two separate vehicles. The estate recovered $62,500. 

A passenger was killed when the driver crashed while operating his vehicle at an excessive rate of speed. The estate recovered the $100,000 policy limits.

A 29-year-old male passenger in his father's vehicle was killed when his father drove into the side of a tractor trailer. The estate recovered $55,000. 

A 5-month-old child was killed when the driver, her mother, lost control and struck a tree. The estate of the minor child recovered $55,000. 

A pedestrian who was walking on the side of the road in an area where there were no sidewalks was struck and killed by a driver who failed to wear his prescribed eyeglasses. The estate recovered $52,500. 

A 13-year-old suffered personal injuries when he was struck by a vehicle while riding his bicycle. He collected $21,000. 

$1.5 Million was recovered by the estate of a 14-year-old girl was killed when the car she was riding in was struck head on by a negligent motorist.

$825,000 was offered to the estate of a 15-year-old girl, a passenger in her brother's vehicle, who was killed when a track hoe drove into the path of the vehicle. 

$1 Million was offered to a 17-year-old girl who suffered permanent brain damage when she drove her vehicle into an intersection into the path of an oncoming truck. Her vision had been obscured by signage and shrubbery maintained by a developer. 

$1 Million was recovered on behalf of a 61-year-old mother who was killed, and where her daughter and 15-year-old disabled son were seriously injured, when their car was struck by another motor vehicle.

A 25-year-old college student, who was a passenger in a van operated by another student, was severely injured when the van struck the back of a truck. The man suffered permanent and debilitating personal injury, including the loss of one eye, the amputation of several toes, and severe burns requiring grafting and multiple surgeries. A recovery of $850,000 was made. 

A 19-year-old mother and her 5-year-old son and 2-year-old daughter sustained serious injuries when they were struck by a motor vehicle while crossing the street in a crosswalk. The mother recovered $45,000, the boy recovered the policy limits of $50,000, and his sister, who suffered minor injuries, recovered in excess of $1,000. 

Nearly $4.0 Million was recovered by a 28-year-old man, who was pushing his stalled vehicle on the side of the road when a drunk driver slammed his motor vehicle into the back of plaintiff and his vehicle, severing both of plaintiff's legs. 

A 41-year-old man recovered $47,500 when he was injured when a car turned left in front of him.

A 27-year-old man recovered $50,000 when another driver fell asleep at the wheel, crossed left of center, and struck plaintiff's vehicle head on. 

A 45 year old woman recovered $210,000 when she was involved in a severe rear-end automobile collision. 

A 53-year-old woman and her 71-year-old mother were severely injured in an automobile accident when another driver negligently crossed the double yellow lines and struck the daughter's car head on. The daughter recovered $105,000 policy limits and the mother recovered $100,000 policy limits. 

A 74-year-old woman recovered $122,000 when its driver struck her vehicle head on. 

A 25-year-old woman confined to a wheelchair sustained injuries when her wheelchair was not properly secured in an ambulance, and overturned while in transit to the hospital. She recovered $25,000 for her injuries. 

$85,000 was tendered to a 17-year-old boy who suffered personal injuries when his driver fell asleep at the wheel and lost control of the vehicle. 

EMPLOYMENT DISCRIMINATION CLAIMS: 

A 45-year-old man recovered damages from his employer when it failed to reinstate him to his position after he sustained a non-work related injury and completed all required medical exams. 

An appropriate settlement was reached against a company on behalf of a woman who was sexually harassed by her male supervisor. 

A 35-year-old woman recovered $12,500 in a settlement reached with her employer after she was sexually harassed by her boss.  

A 44-year-old man, the highest paid salesman in his department at a major department store, pursued an age discrimination claim and recovered damages against his employer. 

INADEQUATE SECURITY CLAIMS:

While working at Burger King, a 21-year-old woman was repeatedly stabbed by a former employee who had made threats to the work establishment. The woman recovered $54,000. 

A $150,000 settlement offer was rendered to a 23-year-old woman who was raped in her apartment.  The apartment complex had a history of criminal activity, and yet refused to provide adequate security.  The rapist was a tenant in the complex and had caused numerous problems prior to this incident. 

A man recovered $15,000 after being attacked by unruly patrons at a restaurant when the owners of the restaurant failed to call police. 

A $1.1 Million settlement offer was made on behalf of a 29-year-old head chef at a local hotel restaurant who was stabbed to death by a co-worker. The hotel chain failed to properly investigate the background of the employee and subjected all of its employees to potential harm.

INTENTIONAL TORT WORKPLACE CLAIMS: 

A settlement in excess of $500,000 was reached in a wrongful death/intentional tort claim where a 58-year-old man was crushed to death by a cartload of auto parts.

The estate of a 33-year-old man recovered $85,500 for an intentional tort claim pursued when he fell 50 feet from a roofing job, and the employer provided no safety equipment or adequate training.

An employer received numerous OSHA citations and fines when a 37-year-old male iron worker fell through the roof and died while attempting to remove steel roof panels from a building. The estate recovered $450,000 of the $500,000 available policy limits. 

A $1.1 Million settlement was obtained for the estate of a 23-year-old diecaster, and father of one, who was crushed to death when a die machine malfunctioned.

A construction worker was killed when a co-worker backed over him with a utility truck, crushing him to death. The company failed to create a safe work environment and repair existing problems with the safety backup alarm on its utility trucks. The estate recovered $550,000. 

A 32-year-old woman recovered $509,000 when her hair became entangled in a machine belt at work causing her to be brutally scalped. The lawsuit filed in Wood County stated that the die for the press she was working on was not guarded despite the fact that other presses in the employer's facility had substantial guards. 

A $1 Million recovery was made on behalf of a 50-year-old man who suffered severe injuries when he was run over by a 50 ton straddle truck. 

$717,000 was offered to a 47-year-old man who was severely injured when he fell into a vat of molten metal, suffering severe burns over 45% of his body. 

A 41-year-old man recovered $845,000 when his fingers were crushed between a mold and robotic arm at his place of employment, resulting in the loss of all fingers on his right, dominant hand. 

A $1.2 Million settlement offer was made to the estate of a 47-year-old husband and father of two who was killed when his left sleeve became entangled in an unguarded lathe forcing his left arm, face and head into the unguarded, moving parts of the machine.

LEGAL MALPRACTICE CLAIMS:

A $6,000 recovery was made when an attorney failed to timely file a lawsuit on behalf of a man injured in an automobile accident.

A $100,000 recovery was made when a malpractice claim was filed for failure to timely file a lawsuit on behalf of a woman who was involved in an automobile accident. 

$570,000 was recovered for a legal malpractice claim when the lawyer failed to file a lawsuit for severe and permanent injuries sustained at work by a 35-year-old man. The Court dismissed the claim for the attorney's failure to timely answer interrogatories and comply with the Court's Order.

A claim was pursued when attorneys allowed the statute of limitations to expire when a passenger was involved in a serious collision with a Coca-Cola truck. The 18 year old victim recovered $20,000 on this legal malpractice claim. 

MEDICAL MALPRACTICE CLAIMS:

A young mother recovered $300,000 in damages for the wrongful death of her newborn baby. After being involved in an automobile accident, the pregnant woman reported to the hospital, and hospital personnel failed to properly monitor the baby.  The hospital waited too long to deliver the baby via C-Section, resulting in the baby's death. 

$600,000 was awarded to the estate of a 36-year-old father of three who died from drug intoxication. A claim was pursued against the doctor who deviated from acceptable standards of medical care.

A 51-year-old woman recovered $231,000 for her doctor's failure to diagnose her breast cancer, despite repetitive visits and demands for testing.

MISCELLANEOUS PERSONAL INJURY CLAIMS, INCLUDING SLIP & FALLS, DROWNINGS, ETC.:

A 13-year-old boy was impaled on a phone line marker negligently placed on a residential property by the telephone company. The minor collected $9,250 in settlement.

A 13-year-old girl fell to the concrete below when an outdoor bannister collapsed. The minor recovered $36,337. 

A $152,500 settlement was reached when a jail was sued after a 35-year-old male was taken into custody, was improperly monitored for potential suicide, and ultimately died while incarcerated.

An appropriate settlement was reached on behalf of the estate of a 3-year-old boy who drowned at a man-made pond due to inadequate supervision and monitoring.

$300,000 was tendered to the estate of a 22-year-old father of two, and a passenger on a recreational boat, who drowned as a result of negligent operation of the boat and the absence of life vests or safety devices. 

A 2 year old boy suffered crush injuries to his hand and fingers when a metal door at a daycare facility slammed on his hand. He required plastic surgery and recovered $18,500.

A CMHA tenant was severely scalded by excessively hot water in her apartment bathtub and eventually died from 2nd and 3rd degree burns. CMHA was cited for failure to provide anti-skid mats and grab bars in its bathtubs and for improperly monitoring the temperature of the water. The estate recovered $50,000.

An 11-year-old girl recovered an adequate settlement when she broke her leg when she slipped on freshly mopped floors at a local grocery store wherein the store failed to provide adequate signage and warnings. 

A 7-year-old, who was enrolled at a daycare facility, fell and suffered a skull fracture and post-traumatic headaches, but was not offered any medical care or treatment by his caregivers. The minor recovered $30,000.

A $110,000 recovery was made on behalf of a 16-year-old male who drowned while a passenger on a rented boat, where the driver suddenly accelerated and caused the decedent to fall into the water. 

A 13-year-old boy drowned at a party in a pond despite adult supervision.  Life jackets were available but were not being worn by the children. The estate recovered $245,000.

A 64-year-old woman, who was a patron at a marina, was knocked down by the marina owner's dog, causing her to suffer a broken leg. The woman recovered $107,000.00. 

A 72-year-old woman fell and fractured her knee at a her rented housing facility. The janitor who was waxing the floor, failed to provide proper notice of the dangerous condition, and instead instructed her to carefully walk across the newly waxed floor. She recovered $40,000. 

The $300,000 homeowners' policy limits were offered to the estate of a 3-year-old boy who drowned in a neighbor's pool which was unprotected and not properly fenced in.

A 17-year-old girl who was roof surfing on a car fell and sustained severe injuries when her driver swerved to intentionally knock her off. She recovered $81,000. 

A 1-year-old boy in the care of a babysitter sustained a ruptured spleen, fractured skull, bruised liver, and severed bowel. The babysitter claimed she accidentally stepped on him. The parents of the minor child recovered $101,000 policy limits from the homeowners' coverage of the parents of the babysitter. 

NURSING HOME NEGLIGENCE CLAIMS:

An 82-year-old nursing home resident, and a high fall risk patient, was improperly monitored by nursing home staff, resulting in a fall, severe head injuries, and lacerations. The resident recovered $20,000 in damages. 

While transferring an 81-year-old nursing home resident from her bed to a chair using a lift, the attendants negligently dropped her on her head, resulting in her ultimate death. The estate recovered $187,500. 

An 86-year-old nursing home resident fell and suffered severe personal injuries. She recovered $50,000 from the nursing home. 

A $27,500 recovery was made on behalf of an 88-year-old nursing home resident who was negligently dropped by her attendants, resulting in a fractured back.

$455,000 was recovered on behalf of a 24-year-old paralyzed patient when nursing home staff negligently failed to properly monitor and change a urine bag.  He suffered a severe infection, resulting in significant personal injuries.

An 81-year-old nursing home resident was improperly monitored and negligently handled by attendants, resulting in a severe burn on her arm and substantial rectal bleeding. The resident recovered $10,000. 

A nursing home resident recovered $100,000 when he fell out of his bed, and had to have a leg amputated due to unmonitored bed sores.

A $77,000 settlement was made when a 74-year-old nursing home resident was physically abused by other residents and the home provided inadequate supervision and care.

A $225,000 jury verdict was reached in Stark County Common Pleas Court, $175,000 of which was for punitive damages, when a 90-year-old nursing home resident died at a nursing facility when its staff failed to properly treat his heel ulcers.

A 49-year-old male resident at a nursing home had his leg broken by an untrained orderly who attempted to put him into his bed. He recovered $24,500. 

PRODUCT LIABILITY CLAIMS:

A department store negligently assembled a bicycle resulting in a 10-year-old rider sustaining a broken arm and other injuries when the wheel fell off while he was riding it. The minor collected $10,000. 

While riding an ATV across an open field, a 10-year-old boy was thrown from the ATV when he struck a steel cable which a railroad negligently strung across the right of way on the field. The minor sustained severe soft tissue injuries and recovered $30,000. 

A 1-year-old girl was severely burned when an instant soup cup tipped over and scalded her. The minor recovered $75,000. 

An 11-year-old boy was injured when his ATV crashed, resulting in severe personal injuries.  Claims were made against the manufacturer for negligent design and crashworthiness of the ATV.  The minor recovered $25,000. 

An 11-year-old girl suffered an orbital fracture after being thrown from her bike when the brake assembly fell off of her bicycle and became entangled in the bicycle's spokes. She recovered $24,000.

$362,500 was offered to the estate of a husband and father who was crushed to death by a bulldozer.  The bulldozer, parked on top of a trailer, slipped out of neutral and into the reverse position, rolling off of the trailer and onto the man, crushing and killing him.

RAILROAD ACCIDENTS:

A 14-year-old girl was killed by a train when the train saw the minor on the tracks and failed to properly and timely brake. The estate recovered $95,000. 

A $2.6 Million settlement offer was tendered to a 12-year-old girl who was a passenger in her mother's vehicle.  While driving over a railroad track, the mother was unable to see the oncoming train due to negligent placement of a box car and improper maintenance of shrubbery, which obscured her view. The train struck the car, paralyzing the daughter, and requiring a substantial portion of her skull to be replaced.

A 45-year-old man, who was visible on the railroad tracks, was struck and killed by a train and recovered damages.

A $100,000 settlement was reached when a 14-year-old boy was killed while crossing railroad tracks with his bicycle.  

A 16-year-old girl was struck by a train when the train failed to timely apply its brakes. The estate recovered $500,000. 

$150,000 was offered to the estate of a 32-year-old man who was killed when he was struck by a train at a crossing deemed to be an ultra-hazardous crossing and which contained no automatic warning devices. 

A woman, who was 7 ½ months pregnant, was killed, and her fiancé and two daughters seriously injured, when their car was struck by a train.  A total of $1.1 Million was recovered on behalf of the estate, the fiancé and both daughters. 

A 12-year-old girl was killed when she was struck by a train while walking across a railroad bridge.   The estate recovered $90,000. 

A man was killed when he was struck by a train. His estate recovered $49,500.

An intoxicated man walking on Conrail tracks was struck by a train and recovered $15,000. 

A husband and wife were both killed when their car was struck by a train. There were no active gates, the train was operated by a student engineer, and the conductor failed to act immediately and apply the brakes, despite seeing the car on the tracks. Each estate recovered $400,000. 

Friedman, Domiano & Smith Co., L.P.A.
55 Public Square, Suite 1055
Cleveland, OH 44113
Phone: 866-636-8367
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