Taken from the Ohio Trial Reporter:

VENUE: Richland County, OH
COURT: Court of Common Pleas
CITY: Mansfield

TOPIC: Premises Liability - Ski Slopes - Wrongful Death

VERDICT: $2,788,575. This case was settled post-judgment for $2,550,000

DATE OF VERDICT: 04/13/2007
JUDGE: James L. DeWeese

AGE: 54
SEX: M
OCCUPATION: Line Worker at GM
MARITAL STATUS: Married

FACTS: A Richland County jury awarded $2,788,575 to the estate of a man who died from injuries sustained when he fell from a ski lift at the defendant’s ski slopes. The defendant maintained that the man fell due to a cardiac event and not due to any negligence with regard to the operation and/or maintenance of the lift. Plaintiff’s decedent was a season pass holder at Snow Trails in Mansfield. The ski slope was owned by Defendant Ohio Ski Slopes, Inc. On February 25, 2004, decedent had been skiing for an hour or two when he went up the Westwoods Triple Chair Lift alone. Decedent fell 35 feet from his chair to the ground. He died as a result of injuries sustained in the fall. Plaintiff alleged that defendant negligently operated the Westwoods Triple Chair Lift decedent was occupying. Witnesses behind decedent on

the lift stated that the chairs began to swing and they saw and heard decedent’s chair strike the tower, causing decedent to be thrown out of the chair. Plaintiff’s engineering expert testified that defendant breached its statutory duties to properly conduct, operate and maintain the ski lift. The expert stated that defendant’s conduct and operation of the lift fell below the minimum safety standards as set forth in the American National Standards Institute (ANSI). Defendant contended that decedent suffered a cardiac event that caused him to fall from the chair lift to his death and there was no breach of statutory duty. Defendant contended that it met all duties to maintain and operate the lift. Defendant presented expert testimony that decedent suffered a cardiac event.

ALLEGED INJURY: Multiple blunt force trauma resulting in death. Decedent’s injuries included a skull fracture, axial spine dislocation, lacerated heart and inferior vena cava, fracture of the right 1 through 11 ribs and the left 1 through 10 ribs, scalp hematoma and abrasion, and lacerated lung. Decedent was survived by his wife and two adult children. He earned $96,000/year at the time of his death.

JURY DELIBERATIONS: 2.5 days

SETTLEMENT EFFORTS: Last Demand: $1,949,460. Last Offer: $25,000.
INSURANCE CARRIER: AIG; Mountain Guard

EXPERT WITNESSES: Plaintiff: Collie M. Trant, M.D. - Forensic Pathologist, Lafayette, LA Helge Lien, P.E. - Professional Engineer, Lancaster, PA Ronald E. Missun, Ph.D. – Economist, Louisville, KY. Defendant: Richard T. Callery, M.D. - Forensic Pathologist, Wilmington, DE Ross Stevens, P.E. - Professional Engineer, New London, NH Douglas A. Sowder, P.E. - Professional Engineer, Spokane, WA Jeff A. Ankrom, Ph.D. - Economist, Springfield, OH.

EDITOR’S NOTE: Per plaintiff’s attorney Goodson, independent eyewitness testimony regarding the chair striking the tower influenced the outcome of this case.

Taken from the Ohio Trial Reporter:

VENUE: Hamilton County, OH
COURT: Court of Common Pleas
CITY: Cincinnati

TOPIC: Auto Accident - Car Hits Residence - Cardiac Arrest

SETTLEMENT: $250,000

DATE OF SETTLEMENT: 02/08/2007
JUDGE: N/A

AGE: 87
SEX: M
OCCUPATION: Retired
MARITAL STATUS: Married

FACTS: An 87 year old man suffered cardiac arrest and died several days after a vehicle crashed into his home. A claim was brought by his estate against the driver of the vehicle. Although the elderly decedent was not physically injured in the initial crash, his estate attributed his cardiac death to the stress involved with the accident. The case settled for $250,000 prior to trial. The defendant was reportedly under the influence of alcohol when he drove his work-owned vehicle into the

home of plaintiff’s decedent. The next day, plaintiff’s decedent had a heart attack and died three days later. Plaintiff alleged that, as a result of the stress caused by the vehicle hitting and damaging decedent’s home, decedent suffered a heart attack and died. Plaintiff’s expert testified that the anxiety and stress of the collision caused the cardiac infarction and resulting death. Defendant admitted liability for the accident and agreed to settle this case.

ALLEGED INJURY: Cardiac arrest resulting in death.
INSURANCE CARRIER: Chubb Group

EXPERT WITNESSES: Plaintiff: Dan J. Fintel, M.D. - Cardiologist, Chicago, IL. Defendant: None.

Taken from the Ohio Trial Reporter:

VENUE: Hamilton County, OH
COURT: Court of Common Pleas
CITY: Cincinnati

TOPIC: Auto Accident - Rear-End - Liability Admitted

VERDICT: $100,000. Breakdown: $9,219 for past medical expenses; $15,750 for past pain and suffering; $2,500 for past inability to perform usual activities; $50,000 for future pain and suffering; and $22,531 for future inability to perform usual activities.

DATE OF VERDICT: 02/06/2004
JUDGE: Beth A. Myers

AGE: 26
SEX: F
OCCUPATION: Advertising
MARITAL STATUS: Single

FACTS: A woman who sustained soft tissue neck and back injuries in a rear-end collision received an award of $100,000 from a Hamilton County jury. Plaintiff and Defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff was stopped at a traffic light when she was rear-ended by the defendant. Weather conditions were not a factor in the collision. Plaintiff alleged that the defendant was negligent in failing to

avoid a collision. Plaintiff claimed to have sustained permanent injuries to her cervical and lumbar spine as a result of this accident. Defendant admitted liability, but contested the plaintiff’s injuries. Defendant claimed that plaintiff’s injuries were not caused by the automobile collision and that anything, including age, could have caused the injuries. The defense also argued that plaintiff’s injuries, if any, were soft tissue in nature.

ALLEGED INJURY: Cervical and lumbar disc traumatic degeneration with an L5-S1 disc protrusion. Plaintiff treated with an orthopedist and a chiropractor. She also underwent physical therapy and massage therapy. As a result of the accident, plaintiff has limitations in movement in the neck and lumbar spine. A permanency rating was not assigned. Plaintiff claimed past medical expenses in the amount of $9,219 and no lost wages.

JURY DELIBERATIONS: 3.5 hours
SETTLEMENT EFFORTS: Last Demand: $20,000. Last Offer: $10,900 (per plaintiff’s counsel); $15,000 (per defense counsel).
INSURANCE CARRIER: Farmer’s

EXPERT WITNESSES: Plaintiff: Alfred Kahn, III, M.D. – Orthopedist, Cincinnati, OH. Defendant: Thomas A. Bender, M.D. - Orthopedist, Cincinnati, OH

Taken from the Ohio Trial Reporter:

VENUE: Hamilton County, OH
COURT: Court of Common Pleas
CITY: Cincinnati

TOPIC: Drowning - Swimming Pool - Inattentive Lifeguards

VERDICT: $3,522,500 less 25% comparative negligence yielded a net verdict of $2,641,875. Breakdown: $2,450,000 loss of companionship, $10,605,000 mental anguish and bereavement, $4,400 funeral expenses, and $2,000 medical expenses.

DATE OF VERDICT: 03/22/1999
JUDGE: John P. O'Connor

AGE: 20
SEX: M
OCCUPATION: College Student
MARITAL STATUS: Single

FACTS: Plaintiff’s decedent and his girlfriend were swimming at a pool operated by Defendant Coney Island, Inc. Decedent sank to the bottom of the pool and remained at the bottom for more than three minutes without being spotted by lifeguards. Decedent’s girlfriend observed decedent bobbing, rolling over face-down and sinking to the bottom. She made two attempts to bring up decedent, but was unable to rescue him. The lifeguards claimed they did not observe any problem until they heard

decedent’s girlfriend scream. Plaintiff alleged that defendant’s lifeguards were negligent and violated the 10-20 protection rule which requires lifeguards to spot a distressed swimmer within 10 seconds and to assist the distressed swimmer within 20 seconds after the spotting. Defendant contended that decedent had a tachycardia event which made him lose consciousness, causing him to drown quickly. Copyright © 2001 JAS Publications, All Rights Reserved.

ALLEGED INJURY: Wrongful death. Decedent was survived by his parents and five siblings.

JURY DELIBERATIONS: 2 days
SETTLEMENT EFFORTS: Last Demand: $3,500,000. Last Offer: None.
INSURANCE CARRIER: K&K Ins.

EXPERT WITNESSES: Plaintiff: Alfred Kahn, III, M.D. – Orthopedist, Cincinnati, OH. Defendant: Thomas A. Bender, M.D. - Orthopedist , Cincinnati, OH.

Taken from the Ohio Trial Reporter:

VENUE: Hamilton County, OH
COURT: Court of Common Pleas
CITY: Cincinnati

TOPIC: Wrongful Death - Auto Accident - Liability Admitted

VERDICT: $1,557,500 against both defendants. Breakdown: $50,000 for loss of services; $750,000 for loss of society and companionship; $750,000 for mental anguish; and $7,500 for reasonable funeral and burial expenses.

DATE OF VERDICT: 03/11/2005
JUDGE: John P. O'Connor

AGE: 22
SEX: M
OCCUPATION: Apprentice electrician
MARITAL STATUS: Single

FACTS: A Hamilton County jury returned a $1,557,500 verdict on an estate’s wrongful death claim following a motorist’s death in an interstate highway collision. Plaintiff’s decedent, was operating his motor vehicle on I-275 when he was involved in a fatal collision with a vehicle operated by the defendant. At the time of the collision, the defendant was in the course and scope of his employment with Defendant Paul Hemmer Construction Co. The collision occurred after the defendant lost control of his vehicle while attempting to merge onto I-275. Defendant then crossed the two adjoining lanes and struck decedent’s vehicle in the fast lane. As a result, decedent’s vehicle struck, and then flipped over, the guardrail. Decedent’s vehicle next fell to the grassy area near a roadway which was located 15' to 20' below the interstate. Decedent died from head trauma at the scene. Defendants admitted the

issues of proximate cause and damages. Plaintiff estate alleged that decedent, a 22 year old male who was employed as an apprentice electrician, died as a direct result of the defendant negligence and that the estate and survivors were entitled to recover damages related to the wrongful death of the decedent. Plaintiff argued that the estate and surviving family members were entitled to recover damages for loss of support, loss of prospective inheritance, loss of services, loss of society and companionship, mental anguish and reasonable funeral and burial expenses. Defendants contended that decedent was not survived by a spouse or any children who would have required his economic support. Defendants disputed the nature and the extent of the economic loss the survivors sustained as a result of decedent’s death.

ALLEGED INJURY: Blunt force trauma resulting in death. Decedent was survived by his parents, three sisters and his maternal grandparents. He earned approximately $25,000/year at the time of his death. Plaintiff sought $7,500 in funeral and burial expenses.

JURY DELIBERATIONS: 3.5 hours
SETTLEMENT EFFORTS: Last Demand: $2,000,000. Last Offer: $800,000.
INSURANCE CARRIER: Ohio Casualty

EXPERT WITNESSES: Plaintiff: Ron Missun, Ph.D. - Economist, Cincinnati, OH Gary L. Utz, M.D. - Pathologist, Cincinnati, OH. Defendant: Stephen M. Renas, Ph.D. - Economist, Dayton, OH

Taken from the Ohio Trial Reporter:

VENUE: Hamilton County, OH
COURT: Court of Common Pleas
CITY: Cincinnati

TOPIC: Toxic Exposure - Termiticide - Death

SETTLEMENT: Binding arbitration resulting in $1,465,166 to plaintiff with 100% of fault allocated to Defendant Terminix.

DATE OF SETTLEMENT: 03/06/2003
JUDGE: N/A

AGE: 65
SEX: F
OCCUPATION: Retired and part-time food service worker.
MARITAL STATUS: Widow

FACTS: A termiticide allegedly contaminated decedent’s only water source and she died of leukemia three years after its application. Plaintiff alleged the contamination caused her death, which defendant, who applied the toxin, denied. The parties agreed to binding arbitration and plaintiff was awarded $1,465,166. Defendant Terminix applied 135 gallons of the termiticide Pryfon 6 on August 18, 1992, and another 50 gallons of the termiticide on September 10, 1992, to the entire perimeter of plaintiff’s decedent’s home. It was applied as a soil poisoning treatment and its active ingredient was Isofenphos, a Class One environmental toxin. The application was done within seven feet of a fieldstone, hand-dug well which was plaintiff’s only source for drinking, cooking and bathing water. Plaintiff alleged that the Isofenphos leached into the well, and decedent was chronically exposed to dangerous levels of the toxin over a three year period. As a result of chronic exposure

to the toxin, plaintiff claimed the decedent developed a rare blood disease known known as myeloid metaplasia, which quickly transformed into acute myeloid leukemia from which she died shortly thereafter. Plaintiff alleged that defendant applied Pryfon 6 within 15 feet of a shallow well with a porous casing in violation of industry standards. Plaintiffs presented field soil and soil column studies which established that the pesticide leaches through soil when driven by rain. Two human cell studies were performed which established a time and dose dependent relationship between Isofenphos exposure and chromosomal damage and cell death in human white blood cells. Defendant denied all allegations and contended that the Isofenphos did not leach into the well, that its termiticide application did not cause myeloid metaplasia or the resultant leukemia and that decedent was suffering from the disease before any exposure, if there was a toxic exposure.

ALLEGED INJURY: Death as a result of exposure to Isofenphos, an environmental toxin. Plaintiff sought $15,842 in medicals and $54,212 to $96,723 in future lost wages.

SETTLEMENT EFFORTS: Last Demand: $2,250,000. Last Offer: $100,000.
INSURANCE CARRIER: Ohio Casualty

EDITOR’S NOTE: Per plaintiff attorney, this was the first decision against a national company for contaminating well water which resulted in leukemia.

EXPERT WITNESSES: Plaintiff: Thomas Parker, PhD - Entomologist, Landsdowne, OH Laszlo Boros, MD - Cancer Researcher, Los Angeles, CA Thomas Eggers, Ph.D., C. - Environmental Testing, Columbus, OH Robert D. Williams, PhD - Toxicologist, Columbus, OH. Defendant: Ethan Natelson, MD - Oncologist/Hematologist, Houston, TX Samuel Hall, M.D. - Medical Toxicologist, Chicago, IL Edwin Mampe, Ph.D. - Economist, Baltimore, MD Paul C. Chrostowski, Ph.D., QEP - Environmental Engineer, Davidsonville, MD.

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