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The plaintiff was a 59-year-old male from Medina County. While crossing the street with his best friend on the west side of Cleveland, Ohio, he was struck by a car that then fled the scene. He was briefly knocked unconscious, had lacerations on his face (under his eyebrow), and suffered a knee injury that was later determined to be an ACL tear as well as medial/lateral meniscus tears. The case was tried exactly 3 years from the date of the crash.
The father/son duo of Attorneys Jamie Lebovitz & Jordan Lebovitz tried the case on behalf of the injured client in Judge Nancy Margaret Russo’s room over the course of two and a half days (Case No CV 18 892335). The defendant was The Cincinnati Insurance Company, to whom the plaintiff had paid premiums in order to provide him with uninsured motorist coverage in case of a rare event like this “hit and run.”
At trial, and with all of the physicians, Attorneys Jamie & Jordan Lebovitz emphasized that a concussion is a mild traumatic brain injury, and that it is serious and can be permanent even with no positive findings on an MRI or CT scan of the brain. The doctors agreed, and so did the jury.
The jury unanimously awarded our injured client $75,000 for past pain and suffering and $325,000 for future pain and suffering. They also awarded his spouse $15,000 for past loss of consortium and $15,000 for future loss of consortium for a total verdict of $430,000. The last offer was $90,000. The jury also unanimously agreed that the plaintiff suffered a permanent and substantial physical deformity based on the injuries described above. No medical bills or economic damages were introduced. The case was tried solely on a claim for noneconomic damages (pain and suffering).
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