Top College News Subscribe to the Newsletter

Family of mangled student sues Ohio State

marotti.5@osu.edu

Published: Monday, January 7, 2013

Updated: Monday, January 7, 2013 23:01

Hughes

Daniel Chi / Asst. photo editor

Police officers survey the scene after a Sept. 5 bicycle accident where OSU student James Daniel Hughes was hit by a dump truck.

Points Meyer listed that needed to be discussed further with the university included installing “rumble strips” on Woodruff Avenue to warn vehicles and bicyclists of the upcoming construction entrance, installing fencing on the north side of Woodruff Avenue to prevent students from crossing the street outside of the designated crosswalk and relocating the bus stop located near the northeast corner of the site.

Kristen Mitchell contributed to this article.

Recommended: Articles that may interest you

26 comments

Anonymous
Sat Jan 19 2013 21:20
STEVE CRANDALL the "SUPER LAWYER" WHAT a JOKE!! THis guy is as sleazy as they come. He doesn't give a sh.. about this boy and his family, only the $$$ he is going to make. I feel for the boy, but the family made a BIG mistake hiring this cheese ball for their lawyer.
Anonymous
Sat Jan 19 2013 21:16
I feel for the boy and is family, but hiring the "Super Lawyer" Steve Crandall is a BIG, BIG mistake. This guy is a fake with zero sincerity, judges and jury will see through his desire to just make $$$$. He doesn't care about you or your child just his $$$$- DON"T BE FOOLED!!
Anonymous2
Wed Jan 16 2013 10:32
Hey "Anonymous", any chance you work for GIlbane?
Anonymous
Tue Jan 15 2013 12:35
To "Someone ..."

Been through worse situations, albeit without losing a limb. OUR elected officials in DC decided AGES ago that I don't deserve to sue for the resulting injuries.

I and tens of thousands like me don't have the legal right to sue over it, and yet you see ZERO whining about it. Why? We're taken care of for the real damages/expenses.

And AGAIN, if you just can't enjoy life with one leg fewer than you had before, then you've got mental issues. PREEXISTING MENTAL ISSUES. NOT the fault of OSU or some construction company. NOT a real damage.

But that's alright, right? OSU clearly has tons of money to spend compensating this guy and his family not only for what they OWE him (certainly ALL medical expenses at a minimum), but for his 'pain'. Say, what's pain cost these days? Is there a scale depending on what body part(s) hurt(s)? How does that work? Or do we just use it to round up to a number that makes the attorneys' cut comfortable for them, and DAMN the consequences?

Nah.

Not interested. Oh, it's ONLY a few dozen thousands of Dollars, right? No biggie.

Say, has this guy's mother ever spilled McDonald's coffee in her lap? Just wondering...

Anonymous
Fri Jan 11 2013 07:11
Can't we think of a better word for the guy than mangled?
Johnny Cochran
Thu Jan 10 2013 15:56
I don't buy the notion that OSU Police is covering up some investigation. The report is pages long and would document and include many witnesses who saw the accident take place. Are you suggesting that all these witnesses are lying who have nothing to gain from this case? I am not a conspiracy theorist but that is what many are hinting at. Maybe you should include the Lantern in the lawsuit as well? You are suing everyone but the kitchen sink in this frivolous lawsuit. Sorry, but I disagree with this coverup conspiracy nonsense.
Anonymous
Thu Jan 10 2013 08:56
If any of you actually knew Daniel, or his family, you would know that they would never do anything like this without a good reason. Daniel has, as TJ said, lost more than just a leg. This article does not tell the entire story and for any of you to say that he and his family are doing this to just "place blame on someone else" you are saddly mistaken, and I pray for you for being so oblivious. There is no amount that could ever repay what has happened to him, but something should be done, and it is. And on another note, the title of this article is completely distasteful and disrespectful.
Someone who actually knows what's going on
Wed Jan 9 2013 16:27
Wow, "Johnny Cochran" and many of you anonymous commenters (especially you who states everything they are suing for), you are morons who ought to just keep your nose out of this story and keep your ridiculous comments to yourself. The family is a great family and doesn't need your crap on top of everything else they are dealing with. You must just be awful people to feel the need to voice your pathetic opinion even though it would add to the torture this family is experiencing. The main thing missing from the story is that Daniel has said from the beginning and continues to say (see the CH 6 interview) that he was WALKING his bike when he was ran over by the dump truck!!!!! It is pathetic that OSU police are leaving this out of their reports and that you idiots haven't even considered that a possibility. There are also witnesses who state he was walking the bike. I guess OSU is just ignoring them because then they would not have any grounds on which to blame Daniel! The university and the construction companies were absolutely negligent and are to blame. There is no way the OSU police should have ever been allowed to handle the investigation. You're lucky that it wasn't someone you know who was almost killed instead of Daniel. He is a very intelligent young man who is an Eagle scout and was majoring in engineering. He was walking his bike because it was the safe, smart thing to do since the construction site was prematurely reopened to the public and there were no safety precautions in place. He did not just lose his leg. He lost the entire right side of his body below the waist and has numerous other serious injuries. He has had 15 surgeries since the accident and will have many more major surgeries. If someone had run over you with a dump truck and practically killed you, but instead left you in the condition he is in, you too would be suing for the very same things they are suing for and don't bother saying you wouldn't, because I can't imagine that anyone one would believe you. As as far as him needing to go see a psychiatrist, you are probably right about that actually...I mean, he was ran over by a loaded dump truck and remembers the whole thing!!! I'd say if anybody ever needed to see one, it's him! You are, however, wrong about who should pay for it...he should not have to pay for it or anything else since this accident was not his fault! If the OSU police had honest, competent people in charge of this investigation, you all would know that too and would hopefully not be running your mouths, causing an innocent, honest, good family even more pain!
Anonymous
Wed Jan 9 2013 15:02
"Hughes "sustained and will sustain past and future medical expenses, great pain and suffering, permanent injuries, temporary and permanent disability, humiliation, embarrassment, loss of enjoyment of life and future lost wages.""

"The suit also aims to rectify the loss of services and companionship of Hughes to his family and the "mental anguish and emotional distress" they suffered."

How is most of this NOT frivolous? Real damages, such as medical expenses, upgrades to a motor vehicle and his home to make them reasonably accessible to him, and so forth? Of COURSE he deserves that.

Mental anguish? No. Embarrassment? Are you KIDDING me? Loss of enjoyment of life? Lost future wages? Just WTF?

Look, if losing a limb means you cannot enjoy your life, then you have a mental issue. You had it before, too, and ought to go see a psychiatrist. ON YOUR DIME.

Lost future wages? If there is ANY evidence whatsoever to substantiate that, then he should be suing the federal government for failing to protect his rights by the Americans with Disabilities Act.

Pain and suffering? Since WHEN did it cost money to experience physical pain? Can't deal with that? No problem, get a doctor to refer you to a pain management clinic. And ball up THAT cost as a real damage in the suit. Need codeine to deal with it? Cool. OSU and the contractor owe your pharmacist that prescription's cost.

But this frivolous anguish, suffering, and punitive damages crap has GOT to stop.

Anonymous
Wed Jan 9 2013 14:13
Should have been roller blading, then he would have been a pedestrian. As a bike is considered a motor vehicle and he was riding on the sidewalk, he is at fault for the accident. Sidewalks aren't designed with visible clearance for fast moving vehicles in mind. He's lucky OSU police didn't fine him for breaking the law.
Johnny Cochran
Wed Jan 9 2013 13:04
This is the reason that riding bicycles on sidewalks is against the law. If this young man was riding his bicycle on the street like he should have been, this tragedy would never have happened. I do feel sorry for this family but it's about time that boys and girls start exercising good judgement and stop placing the blame on everyone else.
Pointer
Tue Jan 8 2013 19:10
TJ I would first like to say very well said young man. My prayers are with the Hughes family. I do hope that Daniel is taken care of because his whole life was forever changed. Its not all about the money but the OSU and the construction company needs to own up to the mistakes that they made. If the barriers were in place where they should of been then this accident may not of happen. God bless Daniel Hughes and his family.
TJ Beavers
Tue Jan 8 2013 18:37
To all of the comment posters who have voiced their assumptions based upon this article, I would like to say I truly find them saddening. What has happened to Daniel is something that I would not wish upon anyone. I grew up with Daniel, and as an OSU student, I always wish the best for my university; however, this event has robbed him of more than just his leg. Last year, while I was still undecided about what school I wanted to go to, Daniel was steps ahead of me because the Ohio State University had always been his dream school since he was a little kid. Every time I think about his excitement to be a buckeye and how happy he was when he made it here, the memories are coupled with sadness of the fact that his freshman year of college, a year where many of us get to expand our horizons and become more independent, was ended abruptly. Two weeks into the semester, the accident happened, and it has changed his life ever since.
In regards to the legal fees, I wish to express the fact that the medical bills alone are considerably more expensive than anyone could ever imagine. Daniel should have honestly died, but despite the doctors' expectations, he lived and recovered at a miraculous pace. As you can imagine, such a medical feat came at quite the cost. In addition to the medical fees, there are also expenses regarding equipment and customizing the cars and the house for a wheelchair. So, the amount being sued for that the Lantern has reported is no doubt modest in my mind.
Now, as for the culpability of the incident, while I have my own opinion on the matter, I believe this decision will be left up to the court. However, the police report, in my opinion, may not cover the incident accurately considering the fact that there were many eye witnesses who were not contacted, myself included.
Regardless of what you believe in this case, I ask that you please be respectful to all parties at hand, particularly the family. This accident has weighed heavy on their hearts already, and the last thing they need are people showing disrespect regarding this tragedy. Even though I do realize that this post may provoke retaliation from other viewers, I will not hide behind the title of being anonymous in expressing a belief in which I firmly believe. I hope that justice will be properly dealt in this case and regardless the outcome, that no other person shall ever again have to face this tragedy.
Anonymous
Tue Jan 8 2013 18:20
Hey Johnny Cochran....I would love to see you join the lawsuit. Just let me run over your ass with a dump truck first.
Anonymous
Tue Jan 8 2013 15:19
I agree "mangled" was not a respectful word choice. I understand "personal responsibility" as well as anyone, believe me. So let's hear some other creative brainstorming solutions about how this poor student can pay his medical bills and legal fees? Everyone knows how inflated those two fields are. I don't think he should feel a bit of shame about suing. I'm sure the poor driver feels horrible, too, so keep both the student and the driver in your prayers.
Anonymous
Tue Jan 8 2013 15:05
"Mangled" -wow, is that tasteless. It doesn't matter whether you consider the lawsuits "frivolous" or not. Imagine the suffering of this poor student and his family. Let's be honest: Medical bills and legal fees can reach $25,000 in no time. God bless Mr. Hughes and his family in his recovery and their path ahead.
Anonymous
Tue Jan 8 2013 11:00
"Mangled student" - really?
Anonymous
Tue Jan 8 2013 10:46
If one is riding a bike, or driving a car legally down the road and a dump truck or any other vehicle is backing out into traffic from a construction site, private drive, or any other road, and hit someone, the dump truck or vehicle is at fault for pulling into oncoming traffic, including a bike! I find it interesting that no charges are being filed against the construction company and the 71 year old owner of the truck. My prayers go out to this young man who's life will forever be changed, and to his family. This could have and should have been prevented!
Liars and Thieves
Tue Jan 8 2013 10:23
"Crandall said there was no evidence that Hughes was actually riding his bike when the accident occurred, however several witnesses reported that is what they saw."
^^ F-ing lawyers...
Anonymous
Tue Jan 8 2013 10:13
The article makes clear the basis of the lawsuit was a failure to secure the construction site so that no one, whether people walking, riding their bikes or otherwise could have been in the area where trucks enter and exit. If they had barriers, signs and especially flaggers, then anyone being run over would have been prevented. They were building this on a busy campus not in the middle of no where.




log out