Donald Robinson contributed to his own pain Tuesday.
The 37-year-old Clermont County man, who remains hospitalized a week after he was involved in an accident that left three Roger Bacon students dead, filed a lawsuit Tuesday against the 17-year-old student whose car slammed into Mr. Robinson's.
''This was very disquieting for them,'' said attorney Michael Gehrig, who represents Mr. Robinson and his wife, Linda. ''They were constrained to file this litigation. ... They did not want to file this soon.''
To ensure their interests were protected, the couple had to file their lawsuit before Monday - the day a new Ohio law takes effect that not only limits the damages the two could collect but also makes it more difficult for them to win a product liability claim.
''They have a tremendous amount of sympathy for the children that died,'' Mr. Gehrig said. ''They regret having to do this, but they are only doing what they have to to protect themselves.''
They are not alone.
Across the state, hundreds are rushing to file even a general claim - it can be amended later - before the new law takes effect.
In Hamilton County alone, there were 182 lawsuits - mostly personal injury, medical malpractice and wrongful death claims - filed Tuesday. On a typical day, about 30 are filed, court records show.
''This is the last week, so we're expecting a lot,'' Clerk of Courts James Cissell said. ''My guess is we'll get quite a bit of activity on Sunday.''
Many of the new cases are being filed just weeks or months after the plaintiff was injured - even though that person typically has at least a year to lodge a claim.
Mr. Gehrig, a partner with Gehrig, Gelwicks & Eynon, said he is not surprised that attorneys are trying to file their cases before the law changes.
''There will be a huge difference in your rights and the amount of damages you can collect'' once the law changes, Mr. Gehrig said.
That's why the Robinsons agreed to file even before the investigation into the Jan. 14 crash has been completed. Roger Bacon sophomores Sarah Garibay, Kyle Yearion and Greg Von Bargen all died in the crash. The driver of the teens' car, Greg's brother, Steven Von Bargen, was injured.
The lawsuit filed Tuesday in Hamilton County Common Pleas Court is a generally worded claim against Steven Von Bargen, who police say was speeding when he crossed the center line and slammed into Mr. Robinson on Este Avenue. The suit seeks in excess of $25,000 apiece for Mr. and Mrs. Robinson.
Although there has been speculation that a car defect may have contributed to the accident, test results have not confirmed that.
''If there is a product liability claim, which there may or may not be, we wanted to have this filed before January 27,'' Mr. Gehrig said, adding that other defendants and claims could be added if the malfunction theory is confirmed.
If investigators find there was no malfunction, the Robinsons likely will continue with a personal injury case, Mr. Gehrig said.
Under that scenario, he said, the case likely would be resolved by insurance companies for both parties.
''This family certainly has a claim for the wreck,'' Mr. Gehrig said. ''He's very badly hurt.''
Previous stories
SCHOOL HOLDS FUNERAL FOR THREE Jan. 19, 1997
THOUSANDS BID TEENS GOODBYE Jan. 18, 1997
POLICE TRY TO RECONSTRUCT CRASH Jan. 17, 1997
PALL CAST OVER ROGER BACON Jan. 16, 1997
3 DEATHS SHATTER SCHOOL Jan. 15, 1997
