On September 8, 2009, and September 9, 2009, Roger H. Williams of our office tried to a conclusion a matter on the issue of liability only captioned Shirley McGinnis v. George Dillon in the Cuyahoga County Common Pleas Court, Case No. 638890 before Visiting Judge James M. Porter. 

This case arose as a result of an intersection collision that occurred on June 12, 2006, at the intersection of Westminister and Ackley in the City of Parma, Ohio. 

The defendant, George Dillon, was proceeding southbound on Westminister while the vehicle in which the plaintiff was a passenger was proceeding eastbound on Ackley. 

The plaintiff, Shirley McGinnis, was a passenger in a 2003 Ford van being operated by Provide-A-Ride.  Provide-A-Ride would provide transportation to children with special needs.  Shirley McGinnis was an aide in that van.  The van itself was operated by Don Juan Nettles.  Ms. McGinnis did not bring an action against Mr. Nettles as there was immunity since she had a valid Workers’ Compensation claim.  Thus she could not bring an action against him pursuant to statute. 

Mr. Dillon was insured by Allstate Insurance with a liability policy limit of $50,000.00.  In light of Ms. McGinnis’ claimed injury, which included two shoulder surgeries and medical “specials” in excess of $80,000.00, it was agreed by stipulation that the matter could be tried on the issue of liability only.  In conjunction with that stipulation, it was agreed that the jury could apportion the negligence of the non-party driver, Mr. Nettles.

It was further agreed that if the jury entered a finding of comparative negligence against the defendant, George Dillon, in an amount of 25% or more, that he would pay the appropriate policy limit of $50,000.00 and obtain a Full and Final Release. 

It was also stipulated that if there was a finding of comparative negligence against Mr. Dillon in an amount of 24% or less, including a finding of zero, that Mr. Dillon would still, even at that point, pay $10,000.00 and obtain a Full and Final Release from the plaintiff.

Mr. Don Juan Nettles testified by stenographic deposition.  He indicated that he was familiar with the route that he was taking on that particular afternoon.  He further testified that he saw Mr. McGinnis approaching from his left and thought that Mr. McGinnis was going to stop.  When he saw him, the vehicle of Mr. McGinnis was in the middle of the stop sign controlling Mr. McGinnis’ intersection. 

However, Mr. Nettles did make the conscious decision to then pull into the intersection from what he described as a complete stop.  He testified that he took a quick glance back at the children in the bus and then pulled off.  It was his testimony that he was moving from a dead stop at about four to five miles per hour.  However, the property damage to Mr. Dillon’s vehicle demonstrated a rather significant “t-bone” impact to the passenger side of his vehicle.  A question arose as to why he made a decision to pull out from the stop sign when he saw the defendant. 

Shirley McGinnis testified that Mr. Dillon came from their left and “careened” into their van.  However, she had to acknowledge the fact that she herself has never had a driver’s license and has never operated a motor vehicle.  She confirmed that Mr. Nettles did turn around to look at the children and then pulled off.  She was uncertain as to whether or not he actually applied his brakes. 

Mr. Dillon, who was 81 years of age at the time of the collision, testified that he was in good health.  He also testified that his 1990 Chevrolet Cavalier was in good working order.  He was traveling from doing some shopping at Home Depot and came to a complete stop southbound on Westminister.  He testified that he is quite familiar with the area as he lives in the neighborhood and frequently goes through that intersection.  He testified that he pulled forward after coming to a complete stop and was t-boned by the van being operated by Mr. Nettles. 

Counsel for the plaintiff argued that Mr. McGinnis was negligent in the operation of his automobile and that he had to yield the right-of-way to the van which would have been approaching from his right. 

On behalf of Mr. McGinnis the argument was made that it was more likely than not that Mr. Nettles, who was unfamiliar with the neighborhood per se, living on the eastside of Cleveland, failed to appreciate the stop sign.  He simply entered the intersection without stopping, t-boning Mr. Dillon and causing the property damage which was consistent with Mr. McGinnis’ version of the accident. 

After deliberating for approximately less than an hour the jury returned a verdict in favor of Mr. Dillon finding that he was not negligent at all.  However, pursuant to the binding high-low stipulation a payment was made in the amount of $10,000.00 and the matter is now considered at a close. 

Should you wish any additional information in reference to this trial, please do not hesitate to contact Attorney Roger H. Williams of our office at our toll-free number of (888) 648-3894, or his e-mail address at rwilliams@wmslawohio.com.