McFall v. Ohio Dept. of Public Safety
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[Cite as McFall v. Ohio Dept. of Public Safety, 2001-Ohio-3954.] IN THE COURT OF CLAIMS OF OHIO PATRICIA McFALL, et al. : Plaintiffs : CASE NO. 2000-11428 v. : JUDGMENT ENTRY : Judge Fred J. Shoemaker DEPARTMENT OF PUBLIC SAFETY, etc., et al. : Defendants : : : : : : : : : : : : : : : : : This case was tried to the court on the sole issue of plaintiffs damages. Defendants filed their admission of liability on August 21, 2001. The court finds the following facts: 1) On February 19, 1999, a vehicle driven by plaintiff, Patricia McFall, was struck from behind by a vehicle negligently operated by an employee of defendant, Department of Public Safety. Plaintiff, Merle McFall, husband to Patricia McFall, was seated in the front passenger seat at the time of the accident; 2) At the time of the accident, plaintiffs vehicle was traveling at approximately thirty to thirty-five miles per hour and the vehicle driven by defendant s employee was traveling only slightly faster. 3) This was a low-impact collision; Patricia McFall sustained a soft tissue injury to her neck and back as a result of the accident and she received conservative treatment for approximately three months. Plaintiff s husband was not injured in the accident. However, he was required to assume additional household responsibilities as a result of plaintiff s injury and had to perform additional physical tasks in connection with the couple s rental property business for several months after the accident; 4) Plaintiffs incurred uncompensated medical expenses as a direct and proximate result of defendant s negligence in the amount of $2,932. Plaintiffs incurred property damage in the amount of $758.43. Based upon the above-cited facts, the court concludes that plaintiffs are entitled to recover the following as damages: 1) $3,690.43 in special damages; 2) $5,000 for plaintiff s, Patricia McFall, pain and suffering; 3) $1,000 for plaintiff s, Merle McFall, loss of consortium. * * * * * Judgment is hereby rendered in favor of plaintiffs in the sum of $9,715.43 which includes the filing fee paid by plaintiffs. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal. Court costs are assessed against defendants. ___________________________________ FRED J. SHOEMAKER Judge Entry cc: Matthew C. Giannini 950 Windham Ct., Suite 5 Youngstown, Ohio 44512 Attorneys for Plaintiffs Case No. 2000-11428 -3- Anthony N. Gemma South Commons Professional Centre 1040 South Commons Place Suite 200 Youngstown, Ohio 44514 JUDGMENT ENTRY [Cite as McFall v. Ohio Dept. of Public Safety, 2001-Ohio-3954.] Stephanie D. Pestello-Sharf Assistant Attorney General 65 East State St., 16th Fl. Columbus, Ohio 43215 LP/cmd Filed 12-21-2001 Jr. Vol. 690, Pgs. 150-151 To S.C. reporter 2-4-2002
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