The Morning Journal (Lorain, OH)
Injured woman cyclist sues in ’19 hit-and-run
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.