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Date: 03-16-2022
Case Style:
Case Number: 3:21-cv-00181-JRK
Judge: James R. Knepp II
Court: United States District Court for the Northern District of Ohio (Lucas County)
Plaintiff's Attorney: Michael Bruno and Charles Boyk
Defendant's Attorney: Christine M. Gaynor and Richard A. DiLisi
Description: Toledo, Ohio personal injury truck wreck lawyers represented Plaintiff, who sued Defendants on auto negligence theories claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an car truck accident.
"10. Upon information and belief, Defendant Encore Service Group, LLC operates at the University of Toledo Medical Center (“UTMC”) providing valet parking services.
11. On or about December 13, 2017, Plaintiff Kevin McFadden was operating his vehicle on UTMC premises.
12. At the same time, Defendant Riley M. Woolford was operating a vehicle owned by non-party Miranda L. Reid in the course and scope of his employment and/or agency as a valet parking driver for Defendant Encore Service Group, LLC.
13. Defendant Riley M. Woolford was stopped at the stop sign at Lot 41 and Hospital Drive directly in front of Plaintiff Kenneth McFadden, who was also stopped.
14. Defendant Riley M. Woolford began to pull into the intersection at Lot 41 and Hospital Drive, but upon noticing a car coming he quickly reversed.
15. When Defendant Riley M. Woolford reversed, he struck the Plaintiff Kenneth McFadden’s stopped vehicle.
16. It was snowing, and at all relevant times the view from the rear window of the vehicle operated by Defendant Riley M. Woolford was obstructed by snow.
17. University of Toledo police responded to the scene, and Plaintiff Kenneth McFadden immediately sought treatment at the onsite UTMC Emergency Room.
18. At the UTMC Emergency Room, Plaintiff Kenneth McFadden began treating for serious injuries, including but not limited to injuries to his left shoulder.
19. Upon information and belief, at all relevant times Defendant Riley M. Woolford was in the course and scope of his employment with Defendant Encore Service Group, LLC and was operating the vehicle at the direction of Defendant Encore Service Group, LLC at the time of the collision described herein."
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"21. Defendant Riley M. Woolford owed a duty of care to operate the motor vehicle he was driving in a safe manner, in accordance with the laws of the State of Ohio and common law, so as not to cause injury to others including Plaintiff Kenneth McFadden.
22. Defendant Riley M. Woolford breached his duty of care by failing to keep a proper lookout, by reversing from an intersection, by reversing the vehicle with an obstructed view, and by striking Plaintiff Kenneth McFadden’s vehicle while reversing from an intersection.
23. As a direct and proximate result of Defendant Riley M. Woolford’s negligence and breach of his duty of care, Plaintiff Kenneth McFadden sustained serious and permanent personal injuries, including but not limited to injuries to his left shoulder, and was required to undergo hospital and medical care. Plaintiff Kenneth McFadden incurred hospital and medical care costs, and he incurred great pain, suffering, severe mental anguish, and emotional distress. There was also property damage to Plaintiff’s vehicle as a direct and proximate result of Defendant Riley M. Woolford’s breach of his duty of care.
24. Plaintiff Kenneth McFadden believes that his personal injuries are permanent in nature and will require future medical care and future medical care costs, and that he will continue to endure great pain, suffering, mental anguish, and emotional distress."
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"26. At all relevant times during the incident described herein, Defendant Riley M. Woolford was acting in the course and scope of his employment, and at the direction of Defendant Encore Service Group, LLC.
"26. At all relevant times during the incident described herein, Defendant Riley M. Woolford was acting in the course and scope of his employment, and at the direction of Defendant Encore Service Group, LLC."
Outcome: 03/16/2022 34 Stipulation & Order dismissing case with prejudice, with each party to bear their own costs. The Court retains jurisdiction over this case for the purpose of enforcing the terms of settlement. Judge James R. Knepp II on 3/16/2022. (B,JL) (Entered: 03/16/2022)
Plaintiff's Experts:
Defendant's Experts:
Comments: