Ohio Jury Awards Reach New Heights in '99
Ohio Lawyers Weekly
Ohio
juries returned some staggering numbers in 1999. In fact, the years
largest verdict, a whopping $51.5 million award rendered in Licking
County, may well be Ohio’s largest verdict of all time in a
nonclass-action suit Even the second highest verdict of 1999 topped
1998’s highest award.
Overall, however, the numbers for 1999 were slightly lower than
those in 1998. For example, only 13 of the top 20 verdIcts for 1999
were for more than $2 million, compared to all 20 for 1998.
Similarly, the number 10 verdict of 1999, $2.5 million, was noticeably lower than that of 1998, which was $3.65 million.
Medical malpractice cases dominated the list of largest jury awards,
accounting for eight of the top 20. Negligence, products liability and
employment discrimination cases also appeared multiple times on the top
20 list The largest verdict, however, was for an insurance case.
Federal courts had a weaker presence in the highest verdicts last year compared to
1998. Only three of the top 20 were decided in U.S. District Court, down from five in
1998. Two of the three were from the Southern District and one was from the
Northern District.
Once again, Cuyahoga County dominated the state courts, accounting
for 10 of the top 20 largest verdicts and four of the top 10. Franklin
and Summit Counties each weighed in with two in the top 20, while
Hamilton, Licking, Stark and Erie Counties each appeared once.
Settlement amounts increased noticeably in 1999. The average of the
top 10 settiements of 1999 was $5.73 million, a significant increase
from the top 10 average of $2.75 for 1998. The number of settlements of
$1 million and above also increased. There were 15 in 1999, compared
with only 10 in 1998.
#15 - $1.88 Million - KAFFEMAN v. YELLOW FREIGHT SYSTEMS, INC. ET AL.
Injuries alleged: Death due to crushing injuries
Name of case: Kaffeman v. Yellow Freight Systems, Inc., et al.
Court/case no.: Cuyahoga County Common Pleas Court, No. 369033
Name of judge: Patricia A. Cleary
Tried before judge or jury (or mediation): Jury
Amount of award: $1,883,750
Special damages: $147,000 - $358,000 for lost wages; $1,400 for medical bills
Demand: $1.9 million
Highest offer: $125,000
Date: Nov. 19, 1999
Insurance carrier: Self Insured
Most helpful expert witnesses: V. Paul Herbert (trucking, packaging, forklift and training); Harvey Rosen Ph.D., (Economist)
Attorney for plaintiff: Phillip A. Ciano; Phillip A. Ciano Co., Cleveland
Attorney for defendant: Withheld
Other useful information:
The
plaintiffs decedent, a 69-year-old owner of a shipping/receiving
business, was crushed and killed while a driver for defendant Yellow
Freight Systems, Inc. was attempting to unload a 1,500-pound, top-heavy
compactor/baler which fell from the defendant’s forklift on top of the
decedent. Yellow Freight Systems had packaged and transported the
compactor/baler atop a loose, unbound wooden pallet, contrary to the
bound skid which the manufacturer had packaged the unit in originally.
According to the only living, independent eyewitness to the
incident, during the defendant driver’s attempted unloading of the
compactor/baler, the package became wobbly and unstable. Despite the
unstable nature of the load, which according to the eyewitness
testimony, plaintiffs decedent could not detect, the driver continued
to attempt to unload the unit, and eventually the load shifted, falling
upon and crushing the decedent.
In this wrongful death and survivorship action, the plaintiff
brought claims against the defendant driver for negligence and punitive
misconduct and against defendant Yellow Freight Systems, Inc. for
respondent superior, negligent towmotor training and certification and
negligent packaging and transporting of the compactor/baler.
The defendants denied any negligence and/or punitive misconduct,
claimed fellow/loaned servant immunity and contended that the decedent
was comparatively at fault for his own injuries and death.
A 69-year-old, self-employed owner of a shipping/receiving business, the decedent was making $18,000 per year.
The decedent’s injuries included traumatic, crushing injuries to the
upper body, multiple fractures to the leg, back and torso and
ultimately, death by traumatic asphyxiation.
The county coroner estimated conscious pain and suffering, which the
decedent’s wife witnessed at the scene of the incident, to total
between one minute to three minutes.
Against the plaintiffs $1.9 million demand, the defendants offered
$50,000, then $125,000 prior to trial. After one week of trial, a jury
returned a verdict of $1,883,750. The jury’s verdict was comprised of
$1 million in punitive damages and $883,750 in compensatory damages,
which may or may not be subject to a 47 percent comparative fault
reduction found by the jury.
With respect to the plaintiff’s punitive damage award, the jury
specifically awarded reasonable attorney fees to be determined by the
court at a later date. Additionally, the plaintiffs counsel has filed a
motion for prejudgment interest.
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