On June 11, 2010, Louis R. Moliterno of our office tried to conclusion the matter of Diana V. Ciurea v Darlene Warren, on behalf of Darlene Warren, in the Cuyahoga County Common Pleas Court, Case No., 693159, before visiting judge, The Honorable William Coyne.

The case stems from a motor vehicle versus pedestrian collision that occurred October 21, 2005, on Murray Hill near Adelbert Road, in Cleveland, Ohio.  This is the campus of Case Western Reserve University.  At that time, defendant, Darlene Warren, operated a 1995 Chrysler Sebring in a northbound direction on Murray Hill attempting to negotiate a Y-intersection at the intersection of Murray and Adelbert.  There is a right-angle crosswalk allowing east/west pedestrians to cross Murray Hill/Adelbert, and north/south pedestrian traffic to cross Murray Hill.  Plaintiff, Diane Ciurea, testified that she walked to the marked crosswalk on the southeast corner of the intersection, entering the crosswalk headed northbound across Murray Hill.  Plaintiff testified that she was struck by the defendant’s vehicle while inside the crosswalk.

The defendant testified that she executed a right turn through the crosswalk proceeding a distance of approximately four to five car lengths before striking the plaintiff.  Defendant stated that she did not see the plaintiff until immediately before the collision.  It was defendant’s position that the plaintiff jaywalked, stepping into the path of defendant’s vehicle thereby causing the collision.

Plaintiff was treated by a Dr. Marek Buczek, M.D., Ph.D., a neurologist, who offered a diagnosis of RSD (Reflex Sympathetic Dystrophy) involving the right arm.  Symptoms included burning pain and numbness.  A series of reports authored by Dr. Buczek indicates waxing and waning of these symptoms, but continued diagnosis of RSD throughout treatment.

Plaintiff submitted a report from Jennifer Levin, Ph.D., dated January 24, 2007.  Dr. Levin testified as to a diagnosis of post-traumatic stress disorder.

Plaintiff was referred to Al-Amin Khalil, M.D., a pain-management specialist, by Dr. Buczek.  Dr. Khalil testified that plaintiff suffered from neck, shoulder, arm, upper and lower back pain following the subject incident.  He testified that Ms. Ciurea has all the criteria to diagnose chronic regional pain syndrome in the right upper extremity caused by the subject incident. 

Plaintiff had secured a report from Valley Technical Service/Richard Stevens, Traffic Crash Reconstructionist.  Mr. Stevens authored a report dated December 28, 2009.  Mr. Stevens testified that the conclusions of defendant’s reconstruction expert are not supported by “physical evidence from the scene or accurate scientific methods.”

Defendant had a medical records review performed by Dr. Gerald S. Steiman, M.D., a board-certified neurologist. Dr. Steiman indicated there are fourteen indicators for a diagnosis of CRPS.  The plaintiff objectively met one of those fourteen criteria, and subjectively met four.  He indicated at least eight of fourteen must be met for a diagnosis to be given.  As the plaintiff did not meet enough of the criteria, he disagreed with the diagnosis offered by Drs. Khalil (pain management) and Buzcek (neurologist).

Defendant secured an accident reconstruction by Hank Lipian, Introtech Crash Reconstruction Services.   During the course of deposition, plaintiff marked a diagram indicating her path and where she crossed the street.  She also marked the point where she came to rest.  With plaintiff placing herself in the crosswalk at the point of first contact, and the mark of where she landed after impact, the overall estimated distance from impact to landing was about fifty feet.  Mr. Lipian testified that based upon mathematical equations, and the estimated “throw distance” from the crosswalk to the landing point, the probable speed required would be 26-27 mph.  For such force to be generated, the impact would necessarily have caused Ms. Ciurea’s head to strike the windshield of the vehicle.  Examination of the vehicle indicates that that did not occur.  Interestingly, at the speed of 35-40 mph, the head will strike the top of the windshield.  If the pedestrian’s head does not reach the base of the windshield, the speed is typically below 25 mph.  Based upon the point where plaintiff came to rest, Mr. Lipian testified that the impact speed was about 15 mph, and further concluded that the plaintiff could not have landed in the area she claims to have landed had she been in the crosswalk when struck.  It is more likely that she was outside the crosswalk when struck.

Plaintiff claimed “specials “ in the amount of $106,499.20. Robinson v Bates write-offs were in the amount of $25,677.87.  This left total claimed “specials” accepted for payment of $80,821.33.

After one hour and forty minutes of deliberations, the Jury returned a verdict in favor of the defendant, Darlene Warren. 

Should you wish any additional information in reference to this trial, please do not hesitate to contact Attorney Louis R. Moliterno of our office at our toll free number 1-888-648-3894, or his e-mail address at lmoliterno@wmslawohio.com.