Auto / Truck Accidents
Passenger of Drinking Driver Rendered Quadriplegic: $5,000,000
The plaintiff in this case was a high school senior who was a passenger in a vehicle with a group of friends. The vehicle was parked in a local metropark, and some of the occupants, including the driver, were drinking. When the driver saw a police car approaching, he began to flee without first turning his headlights on. Then, fumbling for his lights, he lost control and the vehicle struck a tree. Plaintiff sustained devastating injuries resulting in complete quadriplegia.
Brain Injured Accident Victim: $5,750,000.
In this case, a 47 year old mother of two, while in the course and scope of her employment, was hit head-on by another driver who had gone left of center, resulting in her sustaining multiple serious injuries, including a catastrophic brain injury and multiple broken bones throughout her body. These injuries left her permanently disabled, confined to a nursing home, and ultimately lead to her death.
Defendant Flees the Scene: $410,000.
This accident occurred when a dump truck went left of center into the path of an oncoming pickup truck, which swerved to avoid the dump truck, lost control, and slammed into the side of plaintiff’s vehicle. The driver of the dump truck fled the scene and was not immediately identified. Through thorough investigation and detailed analysis of all available information, Klein & Carney was able to identify the truck driver and his company, and to prove that the trucking company was aware that the driver was not safe and should not have been on the road. These efforts resulted in a significant settlement for the plaintiff, who suffered serious injuries, including a lacerated spleen, fractured right leg, fractured left hip, fractured pelvis, fractured spine, and fractured tailbone.
Wrongful Death of 50 Year Old: $1,240,000.
Shortly after this fifty year old driver was killed in an auto accident, a claim against Ford Motor Company was settled, and a default judgment was taken against the negligent driver. Then, 5 years later, Klein & Carney re-opened the case and obtained an additional settlement of $1.24 Million Dollars for the wife and daughter of the deceased driver.
Brain Injured Child: $3,450,000.
In this one car accident, a minor child sustained a brain injury when his father lost control of his vehicle on the highway and the vehicle rolled over. Claims against multiple insurance carriers, including personal insurance carriers and the carrier of the rental car company, were resolved for $3,450,000.
Defendant Crashing Stop Sign Causes Subdural Hematoma: $350,000.
The plaintiff in this case was riding in the back seat of her daughter’s vehicle when the vehicle was struck by a pick-up truck that failed to stop at a stop sign. The collision resulted in plaintiff striking her head and face in the interior of her car, resulting in her suffering a subdural hematoma that required surgical repair.
Passenger in Vehicle Which Is Run Off The Road: $650,000
Plaintiff in this case was sixty five year old female passenger in an SUV who was injured when the wrongdoer went left of center causing her vehicle to leave the roadway into a ditch. She was immediately hospitalized with multiple injuries including fractures to her left elbow, pelvis and right kneecap. Her elbow required two surgeries and extensive physical therapy.
Uninsured Driver Causes Accident Resulting in Facial Nerve Injuries to Plaintiff: $300,000
Fifty seven year old female injured in a car accident suffered permanent and traumatic nerve and bone injuries to her face requiring extensive medical care. Although the at-fault driver was not insured, plaintiff received her uninsured motorist coverage policy limit.
Drunk Driver Causes Head-On Collision: $96,250
Fifty three year old widow sustained injuries to her head, face, chest and abdomen when a drunk driver went left of center and hit her vehicle head-on. Plaintiff sought, and obtained, both compensatory and punitive damages against the drunk driver, who also had to seek alcohol counseling as a condition of the settlement.
Police Officer Rear Ended by Drunk Driver: Settlement $76,500
In this incident, a 48 year old police officer was stopped for a routine traffic stop when his cruiser was rear-ended by a driver who was under the influence of alcohol. The officer sprained his right shoulder and injured two cervical discs, resulting in his inability to work for approximately 45 days.
Motorcycle Accidents
Failure to Yield at Intersection: $950,000.
While lawfully proceeding through an intersection on a motorcycle, plaintiff was broadsided by an inattentive driver, resulting in the loss of his leg from the knee down.
Failure to Yield By Drunk Driver: $100,000.
Plaintiff was hit by defendant who was driving under the influence of alcohol, resulting in plaintiff’s suffering a severely fractured wrist/hand. Plaintiff recovered the maximum insurance coverage available.
Failure to Yield at Private Drive: $950,000.
This accident occurred when the defendant turned in front of plaintiff while attempting to enter her driveway, resulting in multiple, severe and permanent orthopedic injuries.
Failure to Yield – Fractured Leg: $100,000.
After leaving a local bar, plaintiff was hit by defendant resulting in his suffering a fractured leg. Plaintiff recovered the maximum insurance coverage available.
Medical Malpractice
Failure to Appropriately Address Issues During Labor and Delivery: $2,365,000.
In this case, a 43 year old pregnant woman went to a Cleveland hospital after going into labor. Although severe and dangerous medical conditions were identified by nurses shortly after she arrived, no physician arrived to render any care for several hours. By the time these concerns were addressed by a doctor, the mother had sustained brain damage and a ruptured liver, from which she later died.
$700,000 settlement
Failure to diagnose acute myocardial infarction (heart attack)
$750,000 settlement
Failure to diagnose cervical cancer in 56 year old woman. Woman had been seen by family doctor and over thirty occasion and not once offered an pap smear screening.
Failure to Timely Diagnose Prostate Cancer: $750,000
Plaintiff, a 52 year old black male who was at higher risk for prostate cancer due to his age and race treated with his family physician for health problems including prostate issues, but was not properly screened for prostate cancer. Then, after reading an ad in a local paper regarding the benefits of the early detection of prostate cancer by proper screening, he immediately had the screening performed and was diagnosed with an advanced case of prostate cancer.
$350,000 settlement
Death of infant from group beta strep.
Seven figure settlement
Against an emergency room physician, hospital and internist on behalf of a 56 year old woman who became paraplegic due to failure to diagnose and timely evacuate a spinal abscess.
Wrongful Death From Cervical Cancer: $2,800,000
Plaintiff, a mother of 5 young children, died as a result of cervical cancer that was not diagnosed in a timely fashion due to an improper interpretation of a PAP smear and
subsequent biopsy.
Pharmacy Error Results in Auto Accident
Plaintiff went to a local pharmacy to have his anti-seizure medication filled. Due to an error by the pharmacist, he was given the wrong medication. This resulted in his suffering a seizure while driving which caused an auto accident.
Nursing Home / Assisted Living Center Neglect
Fall from wheelchair: $285, 000.
In this case, an elderly gentleman who was a resident in an assisted living center fell from his wheelchair during transport in the center’s van while on the way to a doctor’s appointment. This resulted in an inoperable fractured vertebra, and required admission to a skilled nursing facility.
Bedsores / Pressure Ulcers: $275,000.
Plaintiff was placed into a local nursing home for what was intended to be a short term stay. Unfortunately, due to improper care by the nurses, nurses aides and other nursing home staff, she developed ulcers on both of her heels. Left untreated, these eventually became so infected that they resulted in bilateral below the knee amputations.
Bedsores / Pressure Ulcers: $75,000.
Plaintiff, an elderly woman suffering from Alzheimer’s and dementia, was a resident at defendant nursing home which failed to turn and reposition her appropriately. This resulted in her developing bedsores/pressure ulcers on her coccyx, which worsened because the nursing home failed to treat them appropriately after they first developed.
Wrongful Death: $1,500,000.00
As a result of the firms efforts a wrongful death claim of an elderly woman against healthcare providers was settled for $1,500,000.00.
Nursing Home Resident Fractures Leg After Improper Transfer: Settlement confidential.
In this matter, a 76 year old man was being assisted from his bed to the bathroom by a nurse's aide, when he fell and sustained a fractured leg. After reviewing the pertinent nursing home chart, it was established that the nursing home's care plan required that the gentleman be transferred and toileted with the assistance of two aides. After establishing that the nursing home had violated its own care plan, a confidential settlement was reached.
Premises Liability
$1.5 million dollar settlement
Diving injury to a guest at a party.
Collapsing Ceiling Results in Loss of Leg: $500,000.
In this case, the plaintiff was paid to knock loose concrete from the ceiling of a decaying parking garage. The ceiling was in such a state of disrepair that, while performing his job, a huge chunk of concrete fell and crushed his foot, resulting in a below-the-knee amputation. He received a settlement of $500,000 (the maximum insurance coverage available) over and above his workers compensation benefits.
Steelworker Crushed by Coil: $800,000.
In this tragic case, a steel worker was crushed to death by a ten thousand pound coil of steel. Klein & Carney was able to prove, with the help of a prominent national expert, that the employer knew or should have known that this injury was a substantial certainty. This enabled the family to recover damages from the employer over and above the Workers' Compensation benefits.
Fall on Newspaper Binder: $80,000.
In this unusual case, plaintiff’s legs became entangled in a plastic band that was used to bind stacks of newspapers which were dropped by the door of a large, chain gas station. After patrons removed all of the newspapers, the band, still intact, was left on the floor in full view of the station employees. When plaintiff was traversing the area, her feet became entangled in the band causing her to fall and fracture her hip. After Klein & Carney Co. prevented defendant’s attempts to have the case thrown out of court, a settlement was reached.
Slip and Fall in Airport: $67,500.
While crossing a marble floor in a Cleveland airport terminal, plaintiff fell onto her knee when she encountered a slippery area on the floor. This resulted in torn ligaments in her knee. Despite denial of all knowledge by the defendant, we were able to prove that a courtesy cart driver sprayed cleaning solution onto the tires of his cart while it was parked in the area of the fall. The solution then dripped onto the floor before the driver drove off. Within minutes, plaintiff attempted to traverse the area and the fall occurred.
Punch Press Malfunction: $165,000
While operating a punch press with an unguarded pinch point, plaintiff sustained a partial amputation of 2 fingers on his dominant hand when the press double-punched. The defendant employer then placed a guard on the press, denied the press was ever unguarded, and blamed its employee for being careless. However, we were able to prove the press was unguarded by an exhaustive search of OSHA records pertaining to the employer in question.
Food Poisoning Results in Hospitalization:
In this case, a man, his sister and her daughter all ate at a local restaurant, then became violently ill. All three were hospitalized. After thorough investigation, it was proven that all three suffered from salmonella poisoning which they contracted at the restaurant. These cases were settled for an amount in excess of $80,000.00.
Fall From Bleachers At High School Football Game: $35,000
In this case, Plaintiff was attending a local high school football game when a board in the wooden bleachers that she was standing on collapsed, causing her to sustain injuries to her head and tailbone. After a denial of the claim based on an immunity argument, a lawsuit was filed and it was proven that the defendant knew or should have known of the defective condition of the bleachers, thus entitling Plaintiff to compensation.
Man Attacked and Bitten by Vicious Dog:
While at a neighbor’s house for a social gathering, Plaintiff was attacked and seriously bitten on the face by his neighbor’s dog. Plaintiff brought claims under the common law as well as a statutory claim for strict liability, and was compensated for his medical bills, pain and suffering, as well as for the permanent scarring caused by the dog bite.
Burn Injuries
Infant Burned on Exposed Hot Water Pipes: Settlement confidential.
In this case, a 14 month old baby rolled off of a bed in a rented apartment and sustained second and third degree burns to his stomach, legs and feet when he came into contact with an exposed hot water pipe. After overcoming a frivolous defense in which the landlord attempted to blame the child's babysitter for the incident, we were able to establish that the landlord had knowledge of the dangerous condition, but failed to make it safe. Thereafter, a confidential settlement was reached to compensate the child for the trauma that resulted from the accident, and for his permanent scarring.
Pedestrian Accidents
Pedestrians Struck While Crossing Busy Downtown Street: settlement: confidential
Plaintiffs in this case were two women who were attempting to cross a busy intersection when they were struck by a car. As a result of the impact, both women suffered from temporary amnesia, and could not testify as to the color of the light. Both women also suffered orthopedic injuries. Despite Defendant claims that she had the green light, that Plaintiffs came out from between two stopped cars, and that Plaintiffs were intoxicated, both Plaintiffs' claims were settled without the necessity of going to trial.
Pedestrian Struck While Crossing Street at Night in Heavy Rain: settlement: $60,000
Plaintiff in this case sustained a fractured shoulder and a fractured wrist after getting struck by a car while crossing a street during what witnesses described as a torrential downpour. It was undisputed that he was crossing against the light, that he was carrying a dark umbrella, and that he was wearing dark clothing when he was struck. These conditions lead the police to blame Plaintiff for the accident.
However, Klein & Carney retained an expert crash reconstructionist who determined that the Defendant should have seen Plaintiff and have been able to avoid him despite the darkness and weather conditions, resulting in a settlement of $60,000.
Failure to Keep an Assured Clear Distance Ahead: $210,000
Plaintiff suffered fractures to her shoulder, pelvis, ankle and hand when she was struck by a car while crossing the street. Despite the fact that she was not crossing in a crosswalk, and was crossing the street at night, a settlement was reached in the amount of $210,000.
Good Samaritan Struck By Inattentive Driver: Settlement $250,000
On the night of this accident, a large windstorm blew a tree down into the street of a rural neighborhood, and Plaintiff's husband was in the process of pulling the tree off the street with his backhoe, so as to prevent any oncoming motorists from striking the tree. Since it was very dark, and there are no lights in the neighborhood, Plaintiff was standing in the road with a high powered flashlight to warn any approaching drivers of the fact that they were in the road.
Shortly after starting, Plaintiff noticed a vehicle approaching the scene, and began waiving her flashlight. When he did not appear to be slowing, she began frantically waiving the light, and stepped behind the large rear tire of the backhoe. Unfortunately, Defendant did not see the flashlight, backhoe or Plaintiff until it was too late, and struck the backhoe, resulting in catastrophic injuries to Plaintiff, including the loss of her right leg.
When Defendant claimed that Plaintiff was not discernible, and that she was at fault for the accident, an accident reconstruction expert was retained who determined that Plaintiff was readily visible from such a distance that Defendant should have easily seen her and avoided the accident. Thereafter, the case was resolved for the maximum limit of the driver's liability policy.
Pedestrian Struck In Bulk Store Parking Lot: Settlement $180,000
In this case, a 39 year old woman was struck while in a crosswalk outside of a Sam's Club store. As a result of the accident, she sustained a fracture to her left tibia, requiring surgery. The claim against the offending driver was settled for $50,000, the maximum limit of her insurance policy. A claim for underinsured motorist benefits was then made under the pedestrian's automobile policy, which was ultimately settled for an additional $130,000.00.
Bicycle Accidents
Cyclist Chased by Dog: $66,000
In this accident, Plaintiff was an avid cyclist who was biking on his street when he was chased by a neighbor’s dog. The dog was biting at his ankles, causing him to fall from his bike, sustaining an injury to his knee. Despite the fact that there were no witnesses to the accident, after multiple depositions and in-depth discovery, it was proven that the neighbor’s dog had caused the accident, and a settlement was reached.
Failure to Yield – Custom Bicycle
In this case, Plaintiff was injured when an SUV failed to yield the right of way at an intersection, resulting in a collision. Plaintiff recovered compensation for his medical bills and pain and suffering, as well as over $4,000 for the loss of his custom bicycle.
Victim of Crime Claims
Gunshot Victim Obtains Maximum Victim of Crime Award
Here, a 24 year old man was shot while attempting to break up an altercation, resulting in paraplegia. A claim was made under Ohio’s Victims of Crime Program, which awarded him the maximum available for such claims.
DISCLAIMER:
Klein & Carney Co., L.P.A. handles a large variety of cases, with values both large and small. The examples cited herein represent some of the more significant cases. However, we routinely handle cases involving injuries that are not as severe as those mentioned above. If you have any question with regard to your claim, please do not hesitate to contact one of our attorneys who would be happy to provide a free consultation, in-person or by phone.
The settlements above are not intended to be used as a barometer of the value of your claim. The facts presented in regard to these cases are extremely limited due to space constraints and privacy concerns, and should not be considered a guarantee of the value of your case, even if your case appears to be factually similar to one of the listed cases. Furthermore, changes in the law frequently have a significant impact on the value of any given case. As such, the listing of these settlements is merely an attempt to inform the reader that Klein & Carney Co., L.P.A. has competently handled many different types of cases of widely varying value. We do not recommend that you choose an attorney based on the cases or settlements included in a website. Rather, your decision should be made only after a personal meeting with an attorney with whom you feel comfortable. In addition, it is not our intent, anywhere in this website, to provide legal advice. If you have a legal issue of concern, we urge you to immediately consult a qualified attorney.
