Hughes v. Ohio Dept. of Public Safety
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[Cite as Hughes v. Ohio Dept. of Public Safety, 2005-Ohio-7016.] IN THE COURT OF CLAIMS OF OHIO www.cco.state.oh.us JENNIFER HUGHES, et al. : Plaintiffs : v. CASE NO. 2004-06178 Judge J. Craig Wright : JUDGMENT ENTRY OHIO DEPARTMENT OF PUBLIC SAFETY : : Defendant : : : : : : : : : : : : : : : : : {¶ 1} On April 7, 2005, the court held a pretrial conference during which defendant admitted liability with regard to the motor vehicle accident that is at issue in this case. {¶ 2} Plaintiff, Jennifer Hughes, was injured on December 1, 2003, when the vehicle that she was driving was impacted from the rear by a patrol car driven by a State Highway Patrol trooper.1 On November 10, 2005, the case was tried to the court on the issue of damages. Plaintiffs presented their own testimony and exhibits; however, they did not present any expert medical testimony. Defendant presented the testimony of Stephen J. DeVoe, M.D., who is board-certified in obstetrics and gynecology. {¶ 3} The evidence established that plaintiff was 36 years old and approximately six or seven weeks pregnant at the time of the accident. Plaintiff was transported to a local hospital and treated for injuries to her left knee, back, and buttocks. 1 She John Hughes, Jennifer Hughes husband, also alleges a claim for loss of consortium. For the purposes of this decision, plaintiff shall refer to Jennifer Hughes. Case No. 2004-06178 -2- JUDGMENT ENTRY subsequently received further treatment and physical therapy for those injuries which were resolved within a few months. {¶ 4} Plaintiff was also directed to see her obstetrician as soon as possible. her The day after the accident, plaintiff did see obstetrician, Dalibor Hradeck, experiencing vaginal bleeding. M.D., because she was As a part of his examination, Dr. Hradeck used an ultrasound to determine the size of plaintiff s gestational sac; he also checked the level of pregnancy hormone known as HCG. The tests were repeated on December 5, 2003. According to Dr. Hradeck, the measurements were abnormally low given the stage of plaintiff s pregnancy. On December 12, 2003, Dr. Hradeck was unable to detect a fetal heart rate and he determined that a miscarriage had occurred. Dr. Hradeck performed a dilation and On December 13, 2003, curettage procedure on majority of plaintiff. {¶ 5} Dr. miscarriages chromosome DeVoe in testified women in abnormalities that their in the the late embryo vast thirties or are fetus. caused Dr. by DeVoe explained that the measurement of HCG and gestational sac size are both standard methods to assess the viability of a fetus. According to Dr. DeVoe, plaintiff s medical records show that her abnormally low HCG level increased slightly between December 2 and 5 and that such readings indicate that the pregnancy was failing in a manner that is typical of early miscarriages. Dr. DeVoe opined that plaintiff s pregnancy was failing prior to the December 1, 2003, accident. {¶ 6} Based upon the testimony and evidence, the court finds that the December 1, 2003, vehicle collision was not a proximate cause of plaintiff s miscarriage. Case No. 2004-06178 {¶ 7} Plaintiffs -3- also JUDGMENT ENTRY presented evidence of unreimbursed expenses incurred and wages lost as a result of the accident. The court the finds that plaintiffs are entitled to damages for unreimbursed expenses and for Jennifer Hughes lost wages; however, they are not entitled to damages for John Hughes wage loss. Based upon the totality of the evidence, plaintiffs shall be awarded the following damages: {¶ 8} 1)Non-economic damages, which include, but are not limited to, pain and suffering in the amount of $9,752; {¶ 9} 2)Special damages in the amount of $4,748; {¶ 10} 3)Loss of spousal consortium in the amount of $500. {¶ 11} Accordingly, judgment is hereby rendered in favor of plaintiffs in the amount of $15,025, which includes the $25 filing fee paid defendant. by plaintiffs. Court costs are assessed against The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal. ________________________________ J. CRAIG WRIGHT Judge Entry cc: Matthew C. Huffman 127-129 North Pierce Street P.O. Box 546 Lima, Ohio 45802 Attorney for Plaintiffs Eric A. Walker Assistant Attorney General 150 East Gay Street, 23rd Floor Columbus, Ohio 43215-3130 Attorney for Defendant AMR/cmd Filed December 5, 2005 Case No. 2004-06178 To S.C. reporter December 29, 2005 -4- JUDGMENT ENTRY
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