On May 4, 2009, Louis R. Moliterno of our office tried to conclusion a matter pending in the Court of Common Pleas for Cuyahoga County, Ohio, captioned Susan Musil v Lisa M. Truesdell, Case No. 661338 before the Honorable Thomas Pokorny, sitting on assignment for the Honorable Hollie Gallagher.

This case arises from a motor vehicle versus bicycle accident that occurred May 4, 2007.  The loss occurred on private property, specifically the grounds of Strongsville High School, Strongsville, Ohio.  The defendant, Lisa M. Truesdell testified that she was a special education clerk at the high school at the time of the subject motor vehicle accident.  As a result, she parked in a faculty parking lot at the school, and was departing for lunch at the time of the accident.  The defendant testified that visibility was good, roads were clear and dry.  It was sunny outside, and she was wearing sunglasses.  Traffic on a one-way roadway leading from the faculty parking lot was light to none. 

The defendant testified that she drove up to a stop sign at the exit to the faculty parking lot, where she did make a complete stop.  The exit roadway is only a one-way street, and it was defendant’s intention to execute a left turn to access the one-way street.  Defendant testified that she stopped, looked both ways to make sure there were no kids in the roadway, and proceeded.  The defendant began executing her left turn at low speed after checking both ways for about five seconds.  She testified that she had proceeded “a little ways” when she collided with plaintiff on a bicycle.
 
Plaintiff,  Susan Musil, acknowledged in deposition that she was going the wrong way on a one-way street.  She testified that she headed up the right side of the street, was passed by three or four vehicles exiting the lot ahead of the defendant.  All of these vehicles passed on the left.  According to the plaintiff, defendant never looked in her direction and did not make eye contact.  Inexplicably, the plaintiff elected to leave the right side of the roadway, headed the wrong way on a one-way street.  Plaintiff testified that her front tire almost reached the curb on the left side of the street when she was struck.  She was not knocked unconscious.  She could not estimate the speed of the defendant’s vehicle.  Plaintiff testified that no matter how far to the right side of the road she was, it appeared that the defendant was going to turn into the right-hand lane.  Instead, she turned into the left-hand lane where the collision occurred.  Plaintiff could not explain why she did not turn off the right side of the road into the grass, or perhaps stop, to avoid a collision if she believed that the defendant was going to turn into the right-hand lane.  

Plaintiff claimed distal right radius fracture, multiple contusions and contusion of right ulnar nerve at the elbow.  Fracture healed without permanent injury or need for future treatment.  An indication of permanency was made with regard to the right elbow.
 
The parties agreed to try the matter on liability only. This agreement was entered with the consent of all parties.  Plaintiff submitted medical bills in the amount of $43,810.34, and a lost wage claim of $3,113.60.  

After eight hours of deliberations, the jury returned a verdict in favor of the defendant, Lisa M. Truesdell.

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.