Attorney Andrew R. Young, Partner

Verdicts & Settlements

• Jury Verdict of $384,557 awarded to woman hit from behind

Amount:	$384,557.39
Court:	Lorain County Court of Common Pleas
Date:	October 21, 2010
Plaintiff's Counsel:	Andrew R. Young, Jonathan D. Mester
Description: Assured Clear Distance Ahead Plaintiff was involved in a car accident on October 5, 2005. Liability was admitted to, as this was a rear-end accident. While property damage estimates were considerable, the photographs seemingly showed minor property damage. A motion in limine was granted excluding the photographs and the property damage estimates from the evidence. Defendant argued that the second diagnostic knee arthroscopic surgery and the lower lumbar spine decompression were unrelated to the October 5, 2005, accident. Plaintiff demand was for $90,000. Defendant offer was for $50,000. The jury returned verdict of $384,000 for the Plaintiff.
Andrew R. Young	Jonathan Mester

• Combined Verdict of $119,200 for woman who was involved in a second (single-car) accident that resulted from an incorrect auto part being installed

Amount:	$119,200
Court:	Summit County
Date:	October 6, 2010
Plaintiff's Counsel:	Andrew R. Young
Description: Two Auto Accidents Plaintiff was involved in a car accident on October 3, 2007. She was involved in a second (single-car) accident on December 5, 2007, that resulted from an incorrect auto part being installed into her vehicle during repairs following the first accident. The defendants for the second accident were the parts supplier and the body shop that performed the repairs from the first accident. All parties stipulated to negligence. Plaintiff demand was for $75,000. Defendant offer was for $55,000. The jury returned verdict of $119,000 for the Plaintiff.
Andrew R. Young

• Jury Returns Verdict of $2,287,000 for Death of 46-Year-Old Due to the Negligence of an Emergency Room Medical Group

Amount:	$2,287,000
Court:	Washington County Court of Common Pleas
Date:	June 2007
Plaintiff's Counsel:	Andrew R. Young, William S. Jacobson
Description: Wrongful Death/Medical Malpractice After a four day trial, a jury awarded $2,287,000 on behalf of the husband, two minor children, and an adult daughter of a 46-year-old woman who died as a result of the negligence of Marietta Emergimed, Inc. On March 23, 2002, the emergency room group of Marietta Memorial Hospital failed to inform a patient that she might have lung cancer. The patient went to the emergency room complaining of cough and fever. The results of a chest x-ray showed pneumonia and a shadow that potentially could be cancer. The patient was given discharge instructions to follow-up with a primary care physician and obtain a repeat chest x-ray. However, the discharge instructions appeared to be the routine discharge instructions for nothing more than pneumonia. A legal dispute ensued over whether or not the patient was told that she might have cancer and whether or not the patient was herself responsible for not obtaining a repeat chest x-ray. The jury found that the emergency room group "failed to adequately convey potential severity of abnormal x-ray findings (increased markings) and need for immediate follow up to the patient." The jury also apportioned some fault on the patient for "failure to take responsibility of her own health care." The jury found the emergency room group 90% at fault and apportioned 10% responsibility on the patient, reducing the overall award down to $2,058,300.
Andrew R. Young	William S. Jacobson

• $2,050,000 Settlement on Eve of Trial for a College Student Who Lost Use of His Eye

Amount:	$2,050,000
Court:	Cuyahoga County Court of Common Pleas
Date:	May 2007
Plaintiff's Counsel:	Andrew R. Young, Jamie R. Lebovitz
Description: Plaintiff, a freshman at the University of Toronto, Canada, was traveling to Florida as a passenger in a van with his college swim team when they were involved in a life-altering highspeed accident on an Ohio highway. On impact, the van's glass window next to plaintiff shattered and pieces of glass struck the left side of his face. Plaintiff recalls seeing pieces of glass "flying" and feeling "stung by them." He suffered a penetrating ocular injury, with glass to the left eye rupturing his globe. Despite eight surgeries to salvage the eye, he is left without vision and permanent disfigurement.
Andrew R. Young	Jamie R. Lebovitz

• Hospital Group Pays $850,000 after Failing to Treat High Cholesterol

Amount:	$850,000
Court:	Cuyahoga County Court of Common Pleas
Date:	October 2004
Plaintiff's Counsel:	Andrew R. Young, Ellen M. McCarthy
Description: Wrongful Death Wrongful death of a husband and father, 42 years old, as the result of a heart attack. The cause of death was determined to be severe coronary artery disease with occlusion of the left anterior descending coronary artery. Plaintiff contends that the defendants failed to properly evaluate and treat decedent's chronic hyperlipidemia (high cholesterol) and other risk factors for coronary artery disease while decedent was a patient and treating regularly with the defendants between 1993 and 2000. Defense counsel contended that plaintiff decedent was noncompliant with his follow-up, treatment, diet, and use of tobacco products.
Andrew R. Young	Ellen M. McCarthy

• $220,000 Jury Verdict for Woman Who Falls from Loading Dock

Amount:	$220,000
Court:	Cuyahoga County Court of Common Pleas
Date:	July 2007
Plaintiff's Counsel:	Andrew R. Young
Description: Premises Liability The plaintiff was a business invitee who sustained serious injuries as a result of falling four feet to the ground after passing through an unmarked warehouse garage door at the defendant's facility. The door that she fell from was used by the defendant as a loading dock for delivery trucks. Next to the loading dock door is another garage door used for pedestrian ingress and egress and equipped with a ramp. From plaintiff's perspective from inside the defendant's facility, the two garage doors appeared to be identical, meaning both equipped with a ramp. Defendant failed to keep the overhead door for the dock closed and failed to post a warning to alert pedestrians that, although the garage doors looked virtually identical, one was equipped with a walking ramp while the other led to a dangerous four-foot drop off. Plaintiff suffered a heel fracture requiring surgical repair.
Andrew R. Young

• Jury Awards Passenger $550,000

Amount:	$550,000
Court:	Lorain County Court of Common Pleas
Date:	March 2006
Plaintiff's Counsel:	Andrew R. Young
Description: Auto Accident Our client was awarded $550,000 by a Lorain County jury against a drunk driver in a single car roll-over accident. The plaintiff was a passenger in the drunk driver's car. The jury found that the defendant failed to reasonably control his vehicle after a tread detached from his right rear tire. A tire company was added as a defendant because the drunk driver alleged the tire tread detachment was the cause of the accident. The tire company argued that the tire tread detached due to the age and misuse of the tire, not due to a product defect. The plaintiff's expert opined that, despite the tire's age and condition, it was defective in design as it did not have belt edge enhancement features to delay the tread separation. The jury found against plaintiff on his claim against the tire manufacturer but in favor of the plaintiff on his claim against the driver. The plaintiff's injuries included head trauma requiring lengthy hospital stays and facial lacerations in need of future revision surgeries. The jury apportioned 80% of the fault to the drunk driver, and 20% of the fault to the plaintiff for riding with a drunk driver. As a result, the award was reduced by 20% to $440,000.
Andrew R. Young

• Jury Awards Man $316,082 in Auto Collision

Amount:	$316,082
Court:	Cuyahoga County Court of Common Pleas
Date:	October 2005
Plaintiff's Counsel:	Andrew R. Young
Description: Auto Accident Automobile Collision where plaintiff was struck by an uninsured motorist. Plaintiff brought a claim against his own insurance company, State Farm Mutual Automobile Insurance Company, for uninsured motorist coverage for his injuries sustained in the accident. The jury found that the plaintiff sustained a wrist sprain and lower lumbar disc related injuries requiring physical therapy, nerve block injections, and additional treatment. Defendant insurance company admitted that the wrist sprain was related to the accident but denied that the lower lumbar injuries were related to the accident. Prior to the trial, the last offer made by State Farm Mutual Automobile Insurance Company was $5,000.
Andrew R. Young

• Plaintiffs Win Jury Verdicts of $294,000 Against City's Insurance Company

Amount:	$294,000
Court:	Cuyahoga County Court of Common Pleas
Date:	August 2002
Plaintiff's Counsel:	Andrew R. Young
Description: Premises Liability Wheelchair Lift operator allegedly failed to use the safety strap when transporting elderly woman. The woman's wheelchair rolled off the end of the lift causing the woman to fall two feet to the ground. She sustained a non-displaced orbital fracture and a heart attack. Her cardiologist linked five months of pain and suffering to her accident. The jury awarded her $204,000 for her injury claim and her husband $90,000 for his loss of consortium/loss of services claim. The City's residents did not have to pay this claim using tax dollars. The claim was resolved through the City's insurance company.
Andrew R. Young

• Jury Verdict of $102,416.79 When Car Runs Red Light

Amount:	$102,416.79
Court:	Cuyahoga County Court of Common Pleas
Date:	June 2005
Plaintiff's Counsel:	Andrew R. Young
Description: Auto Accident A verdict was handed down in favor of the plaintiff in the amount of $102,416.79 against a driver who negligently failed to yield the right of way. The jury victim was a 54-year-old woman, who was the front seat passenger in a van traveling through an intersection on a green light. The defendant driver of the other vehicle failed to stop for a red light, and collided with the van in which the plaintiff was traveling. The plaintiff sustained injuries to her neck and back, including a herniated lumbar disk with nerve root impingement. Her treatment consisted of emergency room visits, physical therapy, nerve root injections, pain management, rehabilitation, and a home exercise program. Allstate Insurance Company hired attorneys to represent the defendant driver. Defendant argued that, due to the plaintiff's prior automobile accidents and medical history, her herniated disc was unrelated to this accident. This, coupled with the fact that the van sustained minimal property damage (the van's plastic bumper having absorbed the impact), caused Allstate to offer a minimal settlement of $20,000 to resolve the case prior to trial. This offer left the plaintiff no choice but to take her claim to a jury of her peers, which awarded $102,416.79 for her injury.
Andrew R. Young

• Jury Awards Plaintiff $36,091.60 for Neck Sprain

Amount:	$36,091.60
Court:	Summit County Common Pleas
Date:	August 2007
Plaintiff's Counsel:	Andrew R. Young
Description: Automobile Plaintiff was a passenger in a vehicle struck from behind. Plaintiff suffered from a neck sprain radiating pain into her shoulder and down her arm. She had approximately $9,400 in medical bills for medical treatment as it relates to her injuries from the car accident. She was ultimately diagnosed with an unresolved neck strain. Plaintiff also lost $1,600 in sick time from her job as a math teacher for high school students. Defense counsel disputed the extent and nature of plaintiff's injuries because of an underlying pre-existing condition of multiple sclerosis and degenerative disc disease. Prior to the trial, the last demand was $32,000 and the last offer made by Allstate Insurance Company was $13,912.
Andrew R. Young

• Bicyclist Receives Settlement from Negligent Driver and through His Own Underinsured Motorist Coverage - $310,000

Amount:	$310,000
Court:	Summit County
Date:	July 2003
Plaintiff's Counsel:	Andrew R. Young
Description: Auto/Bicycle Accident Automobile struck bicyclist causing a left distal humerus fracture resulting in several surgeries. After a settlement was reached for the policy limits from the at-fault party's insurance company, plaintiff went to trial against his own insurance company for underinsured motorist coverage. Prior to closing arguments, plaintiff settled with his own company for the balance.
Andrew R. Young

• Doctor Pays $285,000 after Failing to Diagnosis Diabetes

Amount:	$285,000
Court:	Ashtabula County Court of Common Pleas
Date:	March 2005
Plaintiff's Counsel:	Andrew R. Young, Ellen M. McCarthy
Description: Wrongful Death Plaintiff's decedent, a 14-year-old, died of diabetic shock after her family doctor failed to diagnosis her with diabetes and negligently diagnosed her with a urinary tract infection instead. Defendant argued that plaintiff did not present with symptoms indicative of diabetes.
Andrew R. Young	Ellen M. McCarthy

• Seafarer Squeezed Between Tug Boat and Dredge, Employer's Insurance Company Pays $225,000

Amount:	$225,000
Court:	Erie County Court of Common Pleas
Date:	May 2004
Plaintiff's Counsel:	Andrew R. Young, Thomas Mester
Description: Maritime I Admiralty / Jones Act Maritime I Admiralty / Jones Act claim where a seafarer was attempting to secure a tug boat to a dredge when he became caught between the tug and dredge causing a fracture to his pelvis and nerve damage to his back. Plaintiff alleged that the employer failed to properly employ enough crew to safely operate the tug and dredge.
Andrew R. Young	Thomas Mester

• Police Officer Injured in a Hit and Run Underinsured Motorist, Carriers Pay Combined Settlement of $155,000

Amount:	$155,000
Court:	Huron County Court of Common Pleas
Date:	September 2004
Plaintiff's Counsel:	Andrew R. Young
Description: Auto Accident Automobile collision occurred while plaintiff was responding to an emergency call. While driving with his emergency lights and sirens on, plaintiff attempted to avoid a semi-truck that crossed head-on into his lane of travel. As a result of his evasive maneuvers, plaintiff subsequently struck another vehicle. The accident caused injuries to plaintiff's knee resulting in surgery. The semi-truck fled the scene and plaintiff was forced to settle with two insurance companies through their uninsured motorist coverage. An alleged motor carrier thought to be the truck that caused the accident also contributed a minimal amount to the settlement. The disputes involved liability and the identity of the alleged motor carrier.
Andrew R. Young

• Insurance Company Paid $140,000 to Motorcyclist Involved in a Disputed Liability Intersection Collision

Amount:	$140,000
Court:	Hocking County Common Pleas
Date:	April 2005
Plaintiff's Counsel:	Andrew R. Young
Description: Motorcycle Accident Motorcycle collision where plaintiff was driving on the highway when an automobile pulled from a stop sign into his lane of travel. Plaintiff sustained a fractured pelvis and ankle. Plaintiff made a nice recovery and is back to work full time. Both parties hired accident reconstruction experts in proving their arguments regarding liability.
Andrew R. Young