Medina County Courthouse

Tuesday, October 26, 2010

Jury's Verdict is Less than Last Offer

Tuesday afternoon a jury in Judge James Kimbler's courtroom returned a verdict that was less than the last offer made by the insurance company that insured the defendant. Prior to trial Spiros D. Kontos and his wife Areti Kontos were offered $13,900 to settle both of their claims against Tracy D. Bauer. That offer was in response to a $30,000.00 settlement demand. The verdicts returned by the jury Tuesday afternoon totaled $10,426.00 for both claims.

Mr. and Mrs. Kontos filed suit against Mrs. Bauer as a result of injuries sustained in a automobile collision that took place in Medina in October of 2005. Mrs. Bauer admitted that she was negligent, but disputed the nature and extent of Mr. and Mrs. Kontos' injuries.

Both Mr. and Mrs. Kontos had been injured before and claimed that Mrs. Bauer's neglience had aggravated their pre-existing physical conditions. Under Ohio law, a person whose negligence aggravates a pre-existing condition is only responsible for the extent of the aggravation.

The jury trial began on Monday, October 25 and concluded Tuesday afternoon. Mr. and Mrs. Kontos called four witnesses. Mrs. Bauer did not call any witnesses, but did introduce one exhibit.

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