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Archive for the ‘sudden medical emergeny’ Category
Sunday, October 23rd, 2011
Recently the following was reported on line by fox news. An accident on the ramp leading out of Fort Washington Way to I-75 north and US-50 west resulted in a two car crash with injury. Police say the accident was caused when a person driving a car had a diabetic emergency at about 8:15 pm Tuesday night, causing him to crash into a wall. No word on the extent of the injuries of the drivers.
Recently I settled a case where a City of Cincinnati employee was driving in an apparent diabetic come.The defense attorney raised the fact that her diabetes caused the car crash in an attempt to exonerate her. I am very familiar with diabetes as I have represented many diabetics in an attempt to get them SSI benefits for their diabetes. So I’m very sympathetic to diabetics. But if they are driving this should not exonerate them from responsibility for a car accident injury.
The Ohio law regarding sudden medical emergency is that it must be a condition that is unforseen. The classic example is a heart attack. Luckily after I dug into this person’s background, it was clear they had longstanding uncontrollable diabetes and had not even done the basic things to prevent a diabetic incident from happening. So we were able to achieve a settlement in spite of their assertion of sudden medical emergency.
For a free case evaluation with me, A Cincinnati personal injury lawyer call 513-621-2345 or fill out the form at the top
"Your office has been nothing but good to us! From our very first phone call to the very end, you were there to listen. You have been a fantastic attorney. We were undoubtedly going to lose everything we had because of the accident, but you made sure we were taken care of!! We are no longer worried about losing our home, and it's because of you! My family is back on track! Words cannot express how much we appreciate everything you did for us. I know you will be a blessing to a lot more people!" With love,
Morris & Jennifer Smith