September 10, 2001 A Cuyahoga County jury awarded almost $300,000 to a man who injured his neck due to an automobile collision.
Marek Sibinski was travelling westbound on Brookpark Road on Clevelands West Side. Raymond Hlavaty was travelling eastward when he crashed his Buick LeSabre into Sibinskis automobile as Sibinski attempted to make a left turn onto Broadview Road, with a green arrow. Hlavaty entered the intersection on a red light.
Sibinski sustained multiple sprains and contusions to his neck, lower back and right shoulder. Sibinski underwent discectomy and fusion surgery after a MRI showed two herniated discs.
Sibinski claimed that as a result of the accident and surgery, he would have pain and restriction of motion for the rest of his life. According to the trial brief, Hlavaty admitted that he was negligent, and that the negligence was the direct and proximate cause of the accident.
Along with over $178,000 in medical bills, Sibinski claimed $125,000 in lost wages from his home improvement company. Hlavaty, who hired an accounting expert to challenge all but $25,000 of the wage loss, disputed this amount.
Type of Action: Motor Vehicle Accident Tort
Type of Injuries: Cervical herniated discs
Court/Case Number/Date: Cuyahoga County Common Pleas Court/Case No. 382879/Sept. 10, 2001
Caption: Sibinski, et al. v. Hlavaty
Judge, Jury or ADR: Jury
Name of Judge: Ann Mannen
Verdict or Settlement: Verdict
Allocation of Fault: 100 percent defendant
Last Offer: $120,000
Last Demand: $200,000
Attorney for the Plaintiff: W. Craig Bashein, Bashein & Bashein Co., Cleveland
Insurance Carriers: Westfield Insurance
Plaintiffs Experts: Dr. Jung Yoo, Cleveland and William Young, CPA
Defendants Experts: Dr. Robert Zaas, Cleveland
W. Craig Bashein
Sibinski v Hlavaty
September 10, 2001