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Mass Tort Update
PAUL AND AURELIA MIRONE V. PAUL A. TARVER, II
Date: March 8, 1993
RESULT: $ 33,500 (verdict)
STATE: Ohio
FACTS: Plaintiff took daily walks on the walking track in Stadium Park. On December 18, 1989 plaintiff was walking across the parking lot to return to his automobile. Defendant high school student was traveling on Park Drive through Stadium Park at an excessive rate of speed. He lost control of his vehicle, which spun around 180 degrees and struck plaintiff's right hip. Plaintiff was thrown onto defendant's automobile, struck his head and was subsequently thrown a distance from the automobile, striking his face on the ground. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages.
Plaintiff alleged that he suffered a comminuted mid-shaft clavicle fracture, head concussion, facial abrasions, hematoma to the right buttocks and a right hip injury as a direct result of the accident.
Defendant contended that plaintiff's hip injury was proximately related to prior Industrial Accidents.
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