The Morning Journal (Lorain, OH)

Injured woman cyclist sues in ’19 hit-and-run

- By Kevin Martin kmartin@morningjou­rnal.com @MJKevinMar­tin1 on Twitter

A Bay Village woman seriously injured in an alleged 2019 hit-and-run in Avon Lake has filed a lawsuit seeking damages while criminal proceeding­s in the incident remain underway.

In the suit filed in Lorain County Common Pleas Court on May 13, Patricia “Patty” Banks and her minor son are seeking damages in excess of $25,000 against Allison Spoerl and James Spoerl of Avon Lake for physical injuries suffered and loss of parental consortium.

Banks was riding her bicycle May 15, 2019, on Lake Road in Avon Lake at the intersecti­on with Moore Road when she was struck by a 2017 Ford Focus driven by Allison Spoerl, now 23, police said.

According to the filing, following impact, Banks, now 53, was slammed facefirst into the car, shattering the windshield and then was thrown to the pavement, suffering critical injuries.

Glass from the windshield lacerated a major carotid artery and Banks was at risk of dying from critical blood loss, the suit says.

Banks’ life was saved when a nurse driving near the scene was able to compress the arterial bleeding, the filing says.

In addition to arterial bleeding, the lawsuit alleges Banks suffered bilateral subarachno­id hemorrhage­s (bleeding in the brain), bilateral pulmonary contusions, bilateral pneumothor­ax (punctured lungs), right superior and inferior pubic ramus fractures (pelvic fractures), multiple complex facial laceration­s and a severe arm laceration with permanent disfigurin­g/ scarring, right patellar tendon fracture requiring surgery and therapy, acute blood loss anemia and a left facial nerve injury.

Spoerl fled the scene, and according to the suit, falsely claimed she believed she had struck a trash can, the filing states.

She was indicted July 18, 2019, in Lorain County Common Pleas Court on felony counts of aggravated vehicular assault, tampering with evidence, two counts of stopping after an accident, exchange of identity and vehicle registrati­on and a misdemeano­r count of falsificat­ion.

According to court records, a jury trial is set for Sept. 14 in the case assigned to Common Pleas Judge John R. Miraldi.

The suit seeks damages for injuries suffered.

It alleges James Spoerl, the registered owner of the vehicle involved in the crash, “had a duty to exercise reasonable care regarding use and operation of his vehicle” and argues he should have known his daughter had a “propensity to drive in a dangerous, reckless, negligent, careless and/or otherwise unlawful manner.

Also, on behalf of Banks’ minor son, the suit seeks damages for the “loss of parental consortium” of his mother due to her recovery, and argues he is entitled to compensati­on for the loss of his mother’s love, affection, protection, emotional and financial support, services, companions­hip and/or care.

 ?? SUBMITTED ?? A photo of the dark gray 2017Ford Focus 21-year-old Allison Spoerl, of Avon Lake, allegedly struck a bicyclist with on May 15, 2019, sending the then 51-year-old woman rider to a Cleveland hospital with serious injuries.
SUBMITTED A photo of the dark gray 2017Ford Focus 21-year-old Allison Spoerl, of Avon Lake, allegedly struck a bicyclist with on May 15, 2019, sending the then 51-year-old woman rider to a Cleveland hospital with serious injuries.
 ??  ?? Spoerl
Spoerl

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