In Ohio Personal Injury Action, Court finds Emergency Medical Care Related and Appropriate

Initial Car Accident Details

In 2007, Sheri Jackovic was involved in a significant automobile accident. The car she was in was estimated to be traveling 40 mph when it was struck on the driver’s side by a vehicle driven by Mary Webb.

Reports indicated that Mrs. Jackovic grabbed her chest and was screaming at the scene. She was placed on a stretcher and transported to an emergency room for treatment. Following her hospital treatment, Mrs. Jackovic received further care from other physicians for neck and back problems, which she alleged were related to the collision. Notably, Mrs. Jackovic had some pre-existing neck issues before the accident with Mary Webb.

Lawsuit and Initial Verdict

Mrs. Jackovic subsequently sued Mary Webb, and the case proceeded to trial. See Jackovic v. Webb, 2013-Ohio 2520. Ms. Webb conceded negligence and acknowledged that the event was “traumatic.” She also stated that “$7,500.00 would be a fair and reasonable award in the case.”

Despite these concessions, the jury returned a verdict in favor of Ms. Webb and awarded zero damages to Mrs. Jackovic.

the jury returned a verdict in favor of Ms. Webb and awarded zero damages to Mrs. Jackovic.

Appellate Court's Decision

Fortunately for Mrs. Jackovic, the Ninth District Court of Appeals determined that she should have been awarded damages for her initial emergency room care. The court found this care to be causally related to the accident and appropriate under the circumstances.

It specifically found that “reasonable minds could not differ” regarding whether Ms. Webb’s negligence caused Mrs. Jackovic to seek emergency medical attention.

Limitations of the Ruling

It should be noted, however, that the Ninth District did not grant Mrs. Jackovic a new trial. The court also did not overturn the trial court’s decision regarding the rest of the damages she sought, which were those beyond the emergency room care.

While the author expresses bewilderment at the jury's verdict, it is reassuring that the Ninth District acknowledged the appropriateness of the emergency care in this case. This aligns with Ohio Revised Code Section 2317.421, which states that medical bills in a personal injury action are prima-facie reasonable.