McCarthy, Lebit, Crystal & Liffman, Co., L.P.A.: Jury Awards $39 Million to Family in Death Case

CLEVELAND, April 7, 2014 /PRNewswire/ -- On Wednesday, April 2, 2014, following a two-week trial, a unanimous Cuyahoga County jury awarded the family of 41 year-old Randy Roginski a compensatory verdict against The Shelly Company in the amount of $19,000,025.00. Punitive phase two of the trial occurred on Thursday, April 3, 2014. The unanimous jury awarded an additional $20,000,000.00 in punitive damages and attorney fees to punish and deter Shelly from their clear and convincing malice that caused the death of Mr. Roginski. Roginski was struck and killed on the shoulder of the road by an unsuspecting driver, who diverted around a slow moving asphalt truck. Shelly is one of the largest paving corporations in Ohio and is a subsidiary of Oldcastle, Inc. from Atlanta, Georgia.

The claims against Shelly focused around their creation of danger and failure on multiple levels to provide a safe working environment for Mr. Roginski, a loving husband and father of three young children. On July 27, 2010, at around 11:50 p.m., Roginski was an inspector on the nighttime highway repaving project on I-271 South in Richfield, Ohio. Based on multiple factors he was required to work outside the safety of the coned-off repaving area of the left lane, and instead, work in the known "recovery zone" off to the right of the 65 MPH right live lane. One of the Shelly veteran pavers described the environment throughout the night prior to Roginski's death as "ridiculous". Due to the dangerous environment, he did not even want to get on the paver that night.

Throughout the trial, Shelly's lawyers contended they had done nothing wrong even though documents and testimony of their own safety director evidenced otherwise. The verdict amount represented the cost of protection for Roginski's family for the rest of his life expectancy that Shelly refused to provide Roginski the night he was killed. A law enforcement officer and brooming away the dirt causing dust would both have cost Shelly additional money. The Roginski family argued that Shelly willfully placed profits over people and exposed the motoring public and employees to a risk of serious injury and death. Hearings on pre-judgment interest and attorney fees will be forthcoming.

Representing the Roginski family at trial were attorney Christian R. Patno of the law firm McCarthy, Lebit, Crystal & Liffman, Co., L.P.A. and Philip A. Kuri of the law firm Elk & Elk Co., L.P.A.  At Phase one of the trial, Mr. Kuri requested the jury to provide "protection to the family of Randy Roginski" for the rest of his 39.1 year life expectancy at a cost similar to that which Shelly failed to afford him the night of his death. In the punitive phase, Mr. Patno requested the jury "send a message" to "punish and deter the faceless corporation that did not even have the dignity to appear at court" for the second phase of the trial. The jury listened and responded accordingly.

About Christian R. Patno
Mr. Patno is an AV Preeminent rated, Board-Certified Civil Trial Specialist and has been selected by his peers as one of the Best Lawyers in America, National Trial Lawyers Top 100 Trial Lawyers, and Top 10 Super Lawyers in the State of Ohio. He is a Principal with McCarthy, Lebit, and is on the Board of Directors for the Cleveland Academy of Trial attorneys. In addition to this record verdict, Mr. Patno has many other verdicts and settlements of historical significance, both within and outside, the State of Ohio.

SOURCE McCarthy, Lebit, Crystal & Liffman, Co., L.P.A.