Denise Eslich, 51, was awarded a $470,000 settlement which includes $220,000 in compensatory damages and $250,000 in punitive damages after the car she was driving was T-boned at an intersection by a trucker running a red light.
Eslich suffered multiple injuries due to the accident including fractures to her clavicle and humerus, requiring multiple surgeries to her shoulder and a single surgery to her arm. She also suffered chronic pain in her lower back due to connective-tissue injuries and had to undergo a nerve ablation procedure.
Eslich field suit against Stephen Cart, the truck driver, and also his employer, Jedd Enterprises LLC. The legal doctrine of respondeat superior provides that an employer is responsible for the actions of an employee in the scope and course of employment.
An eyewitness to the accident testified that Cart accelerated upon the light turning yellow. Expert testimony also established that the signal light must have been red when Cart entered the intersection.
The award to Eslich covered her medical costs and lost earnings (compensatory damages) as well as $250,000 in in punitive damages.
Citation: Eslich v. Cart, No. 2010 CV 04499 (Ohio, Stark Co. Com. Pleas June 29, 2011).
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