Jury Verdicts
Civil Jury Trials
Franklin County Common Pleas Court by: monica l. waller
Verdict: $3,975,000.00 ($125,592.96 in economic damages; $3,850,00.00 in noneconomic damages). Automobile Accident. Plaintiff Matifern Hicks was a patron of the Scioto Downs Racino on the evening of Oct. 22, 2013. As she left the Racino and was walking to her car, she was struck by a car driven by 89-year-old Hilda Turcotte. Hicks was thrown into the air and struck the front windshield of Turcotte’s vehicle, knocking Hicks unconscious. She suffered a fracture to her left knee, left ankle and right lower leg and a subdural hematoma. She underwent several surgeries to repair the fractures and remained hospitalized for eight days. Upon discharge, Hicks remained confined to a hospital bed for several months and then had several months of physical therapy. She claimed that she suffered anxiety which required psychological counseling. She also suffered partial hearing loss associated with the closed head injury and bladder dysfunction
related to her extended convalescence. Hicks owned a fruit stand and was unable to carry out her responsibilities to her business, requiring her to recruit friends and family to provide additional labor. Hicks settled her claims against the driver, Turcotte. She proceeded against Scioto Downs, arguing that the conditions on the premises were dangerous and negligently designed and maintained by Scioto Downs. Specifically, Plaintiff alleged that the crosswalk where Turcotte struck Hicks was not properly marked, that there was insufficient lighting in the parking lot and that the Racino had a bus parked in a position that obstructed the view of the crosswalk. Scioto Downs argued that the premises were properly maintained and that the accident was not caused by any of the factors cited by Hicks, but rather was the result of the combined negligence of Turcotte and Hicks. Scioto Downs argued that Hicks did not look both ways before crossing the parking lot. Scioto Downs also argued that Turcotte was driving 25 mph in a 10 mph
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zone. Turcotte also had vision problems and a license that restricted her from driving at night. Scioto Downs presented evidence that Turcotte had no peripheral vision in her right eye and struck Hicks as Hicks approached from the right. The weekend prior to trial, Turcotte’s live-in boyfriend died. The boyfriend had been subpoenaed to testify at trial as he was an eye-witness to the accident. Turcotte was also excused from appearing at trial due to her boyfriend’s death. The jury concluded that Hicks was not negligent, but both Turcotte and Scioto Downs were negligent. The jury attributed 33 percent of the responsibility for the accident to Scioto Downs and 67 percent of the responsibility to Turcotte. Scioto Downs filed a motion to apply the damages cap following trial. Scioto Downs also planned to appeal the verdict based upon a dispute over the jury instructions. The parties reached a settlement for less than a tenth of the verdict while the post-trial motion was pending. Medical Specials: $160,892.61 ($122,710.93 after reductions). Lost Wages:
