 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Mays v. Taylor12/14/2001
JUDGMENT: Affirmed in Part and Modified.
This is a timely appeal from a decision of the Mahoning County Court of Common Pleas granting James Mays', Administrator of the Estate of Curtis Mays, ("Appellee"), motion for a directed verdict. The trial court ruled that Defendant Danielle Taylor ("Taylor") had recklessly operated her motor vehicle in connection with an automobile accident that killed Appellee's son and two other passengers. This action barred Taylor and her co-defendant, Allstate Insurance Company ("Appellant" and Appellee's uninsured motorist carrier), from raising and arguing the defense of comparative negligence.
The jury in this matter returned a verdict in favor of Appellee in the amount of $250,000. Appellant asked the court to reduce the verdict, maintaining that Appellee was only entitled to $100,000 under the per-person limitations of the policy. The trial court subsequently found, however, that Appellant's policy language setting forth the limitations was ambiguous and directed Appellant to pay Appellee the per-accident amount of $200,000.00. The court also assessed prejudgment interest accruing from the date that Appellant had formally denied Appellee's claim. (Amended Judgment Entry, September 19, 2000). Appellant appeals this ruling, as well.
As discussed herein, the record supports the trial court's finding that Taylor acted recklessly. Therefore the trial court properly precluded Appellant and Taylor from raising the defense of comparative negligence. Further, the court did not abuse its discretion when it assessed prejudgment interest accruing from April 6, 1998. The court's conclusion with respect to the ambiguity of Appellant's "per person" policy limitations, however, was erroneous and requires a modification of the judgment and reduction of the damages awarded.
On the morning of January 29, 1998, after a night of sporadic partying, Taylor, Michael Morgan, Paul Ernst, Jr., Curtis Mays and Ryan Rupert proceeded to a bar and restaurant in Girard known as Kuzman's. On the way, several individuals in the group purchased and consumed several beers. (Tr. pp. 119, 161). When they arrived, Mays and Taylor sat at a table and drank beer while the other three shot pool, chasing shots of whiskey with glasses of beer. (Tr. pp. 164-68).
After about an hour, an argument erupted between Ryan Rupert and several bar patrons. Fearing that Rupert would turn violent, Morgan and Ernst dragged him from the bar and got him into the back seat of Taylor's gray Mercury Marquis. (Tr. pp. 172-74). Taylor's grandparents had recently given it to Taylor, who had then allowed the insurance on it to lapse. (Tr. p. 110).
The rest of the group also got into the car and Taylor sped home. Morgan sat in the front seat next to Taylor, while Mays crowded in the backseat between Ernst and Rupert. (Tr. p. 112). A witness to the incident testified that the driver had been operating the vehicle in an erratic manner and at an excessive speed. (Tr. pp. 209, 233, 255-56, 259, 261). The temperature that morning was 32 degrees Fahrenheit and the roads were slick. (Tr. pp. 24, 208).
Taylor proceeded east on Route 422 toward Lowellville where she lived. Rupert's anger, in the meantime, had not subsided. As the vehicle approached the intersection of Route 422 and Wirt Street in Youngstown, a physical confrontation flared between Rupert and Ernst. Both young men were powerfully built. (Tr. pp. 167, 202). Mays, who sat between them, possessed a much smaller physique. (Tr. pp. 48, 79, 201).
Apparently fearful of sustaining collateral injury in the argument between Ernst and Rupert, Mays urged Taylor to pull over. (Tr. pp. 180-
Page 1 2 3 4 5 6 7 8 9 Ohio DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|