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Personal Injury - Verdict in favor of Plaintiff in the amount of US$27,018,940

Case Name:Mark D. Soberay v. Greyhound Lines, Inc., et al.
Case Number:Consolidated CV-13-817909 and CV-14-824998
Verdict Date:2016-01-29
Outcome TypeJury Verdict
Court:Common Pleas Court of Cuyahoga County, Ohio
Incident Date:2013-10-09

Plaintiff's Complaint:
On October 9, 2013, at 1:30 a.m., a Greyhound bus in route from New York to Cleveland, carrying as a front seat passenger plaintiff, Mark Soberay, rear-ended a tractor trailer hauling trash in the right hand lane of I-80 in Pennsylvania, approximately 180 miles in excess of three hours from New York and roughly 45 additional miles to a scheduled Greyhound rest stop in Milesburg, Pennsylvania.

Injury, Damage, or Loss:
Plaintiff was 43 when he was injured, he is currently 45, unmarried with no children. He was in excellent physical condition. As a result of the accident, plaintiff was hospitalized for roughly five and a half months, has undergone 30 surgeries with more to come. Medical bills were roughly $1,500,000 and the cost of care plan was roughly $4.5 Million. His injuries consisted in part of below the knee amputation of his right leg, fractures of almost every bone in his left leg which is disfigured and largely unuseable; a pseudo-aneurysm in his aorta requiring a placement of a stent in his aorta; fractured humerus and socket of his right shoulder severely limiting motion in that arm; bilateral hip displacements and fractures with the left femur intruding into the pelvis; a severed urethra requiring catheters and a bag for roughly a year and a half. It was re-attached, however, plaintiff suffers both incontinence and impotence; two fractured vertebra and an injury to his spleen; removal of his gall bladder; severe eye laceration which was repaired after roughly a year. Plaintiff is in constant pain and spends roughly 15 hours a day in bed and sleeps for about three hours. There was no wage loss since he had a business which he still maintains

Defendant's Wrongdoing:
The bus driver testified that her right leg went numb, then her right arm and then she "blacked out" and awoke after the collision. Passengers, an independent truck driver and a mapping system on the bus which Greyhound tried to conceal, all indicated the driver weaving and going over the rumble strips prior to the crash. These are signs of fatigue. Greyhound claimed that the truck they struck was going too slow, the bus driver had a TIA "transient ischemic attack," concussion and retrograde amnesia. The jury rejected these defenses and also found that Greyhound intentionally disregarded and failed to enforce fatigue related rules, specifically Rule G-40 requiring rest stops every three hours or 150 miles.

Plaintiff's Attorneys:
Charles Kampinski, Esq. Kent B. Schneider, Esq. Robert M. Weber, Esq. Hermann, Cahn & Schneider LLP 1301 East 9th Street, Cleveland, OH 44114 Tele: 216-781-4410 Fax: 216-781-1030

Defendant's Attorneys:
Bradley J. Barmen, Esq. Thomas P. Mannion, Esq. Mannion & Gray Co., LPA 1375 East 9th Street, Suite 1600 Cleveland, Ohio 44114 Tele: 216-344-9422 Joseph T. Mordino, Esq. Faulkner & Tepe, LLP 2050 Fourth & Vine Tower One West Fourth Street Cincinnati, Ohio 45202-3606 Tele: 513-421-7500

Judge John D. Sutula Cuyahoga County Common Pleas Court 1200 Ontario Street Cleveland, OH 44113 Tele: 216-433-8680

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Published on Apr-29-16


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