Auto Accident Lawyer Wins $2 Million for Deaths on Ohio Turnpike

Tragic deaths on Ohio turnpike results in auto accident lawyer winning court award of $2,031,196 for grief stricken family. Tom and Tess Lee were on the way from their home in Chicago to Cleveland for a family wedding. The couple was traveling in the eastbound lanes of the Ohio turnpike near Toledo. A car driven by retired podiatrist Charles Marlowe, Jr. came from the westbound lanes across the median and into the eastbound lanes striking the Lees’ vehicle head-on. The Lees were killed instantly.

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Accident Attorney Dennis R. Lansdowne of The Spangenberg Law Firm in Cleveland, Ohio reports that a Federal Court jury in Toledo has returned a verdict of $2,031,196.33 for the deaths of the Lees, a husband and wife, on the Ohio turnpike. The award was returned for the five adult children of the couple. (United States District Court, Northern District of Ohio, Western Division (Toledo), Case No. 3:08CV1739)

Occupant of the other car, Dr. Marlowe, who survived the crash, claimed that he was struck by a sudden medical emergency and was not responsible for the collision. Specifically, Dr. Marlowe claimed he experienced a sudden episode of neurocardiogenic syncope. Ohio recognizes the "sudden medical emergency" defense which holds that a driver is not liable for a collision if the driver was suddenly stricken with a medical emergency the driver could not anticipate and which causes the driver to lose control of the vehicle. A week before the trial, after a hearing at which a proposed defense expert witness testified, the trial judge rejected the defense because it was not supported by scientific evidence.

Mr. Lee, age 63, was a union rigger and Mrs. Lee, age 62, was a retired nurse. The case was brought on behalf of the Lees’ five adult children. “This was a very close and loving family that has been irreparably damaged by this tragedy,” Lansdowne said. This “sudden medical emergency” defense is being raised more frequently by insurance companies according to Lansdowne. “This defense is very dangerous for victims of negligence and must be vigorously challenged,” he said. The verdict comprised non-economic damages and funeral expenses.

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