Pedestrian sues Salem driver in 2022 hit-skip
YOUNGSTOWN — Kerry Biros of Boardman has sued Jon Steele of Salem for damages resulting from a Dec. 19, 2022, vehicle-pedestrian crash that injured Biros, the pedestrian.
Biros filed the suit late last month in Mahoning County Common Pleas Court, alleging that he was trying to cross South Avenue near Tiffany South Boulevard when Steele struck Biros. Steele then fled the scene and was later apprehended by Boardman police, the suit states.
The collision was “directly and proximately caused by the negligence of defendant Jon Steele,” the suit alleges. Steele “was intoxicated at the time of the motor vehicle collision and therefore recklessly caused (Biros) serious bodily injury and therefore liable for punitive damages and attorney’s fees,” the suit states.
“As a direct and proximate result of the motor vehicle collision, (Biros) has been caused to suffer bodily injury but not limited to his neck, back, right hip, left hand and left shoulder, including a cervical fracture and other serious and debilitating injuries.
When Steele was contacted by phone Thursday and asked about the allegations, he declined to comment, saying he would “let my attorneys handle that.”
The filing lists various costs for Biros’ medical care totaling $59,922, including $42,787 to Mercy Health Youngstown and $7,860 to Phoenix Physical Therapy.
Biros “has further been caused to suffer from pain, discomfort, inability to perform regular activities and loss of enjoyment of life,” the suit states. He has required surgical intervention as a result of the collision and injuries and also has been advised that his injuries are permanent and that he may require future medical care and treatment, it states.
He also has been caused to miss work at Mr. Anthony’s, where he is employed as a cook, it adds. The suit seeks a judgment of at least $25,000 for costs, interest, punitive damages, compensatory damages and non-compensatory damages.
According to court records, Steele, 78, pleaded guilty Nov. 3, 2023, in Mahoning County Common Pleas Court to felony failure to stop after an accident and misdemeanors of assault; operating a vehicle under the influence of alcohol, a drug of abuse or a combination of them — OVI; operating in willful and wanton disregard of the safety of person or property; and operating a motor vehicle without being in control of it.
Judge Anthony Donofrio sentenced Steele Nov. 3, 2023, to one year of community control, including 180 days in the Mahoning County jail with all but three days suspended and ordered Steele to attend a 72-hour state-certified driver’s intervention program in lieu of the three remaining days. Steele’s driver’s license was suspended for one year retroactive to the date of the crash, Dec. 9, 2022, according to court records.
The Ohio State Highway Patrol crash report states that Steele’s vehicle was southbound on South Avenue when his car struck Biros, who was walking westbound across South Avenue. Steele refused to take alcohol or drug tests, but alcohol for Steele was “suspected,” the report stated.
Biros’ injuries were “suspected serious,” the crash report stated.