Ohio Jury Awards Family $2.1M In Restaurant Wrongful Death Suit
It was an accident waiting to happen
And it did, according to news reports quoting Edouard Sabitovs attorney. Sabitovs wife Elena was working at the House of Corned Beef on Shaker Square in Cleveland in 2001 when she fell through a trap door head first and died. Edouard sued the owners of the restaurant for failing to warn his wife about the trap door. His lawyers pointed to the actions of the Cleveland building inspectors office, which inspected the restaurant after the accident and reported that the trap door was a serious hazard and should be fixed. However, the trial court judge had a different opinion and threw much of the claim out, saying that the hazardous trap door was essentially big enough that a reasonable person should have known to avoid it.
Undeterred, Sabitovs attorney appealed to Ohios District Court of Appeals which reinstated most of the case and remanded it back to the lower court for a trial. The result of that trial was a $2.1 million jury verdict in favor of Sabitov.
Personal injury & witnesses
Personal injury cases such as this often hinge on witness testimony. In this case, only Elena and the restaurants owner were working the night of the accident. While the owner testified that he had told Elena about the trap door, he apparently couldnt prove that. As a result, more than 18 witnesses were brought in to testify as to whether or not Elena may have actually known about the trap door. Fortunately, the plaintiffs attorney was able to provide more or better evidence that Elena did not know about the trap door than the defense provided otherwise.
Personal injury cases, especially those alleging wrongful death, can be extremely challenging. Dont leave your case to any personal injury lawyer. Consult with an experienced Ohio personal injury attorney who understands the challenges surrounding wrongful death actions. Consultations with an experienced lawyer are without obligation, free of charge and strictly confidential. In addition, personal injury lawyers work on a contingency fee basis, which means they dont get paid until they recover for you.