DRUNK DOC INDICTED IN CRASH

On September 12, 2012 Dominick Schiavone was riding an Omega Quest bicycle northbound along the berm of  U.S.Rt. 23 in Delaware County.  Dr. Elizabeth Unk was driving northbound on U.S. 23 in her 2007 Chrysler Pacifica.  According to the police report Dr. Unk “…traveled off the right side of the road and stuck …” Mr. Schiavone.

The investigating trooper noted that Dr. Unk’s Pacifica suffered “moderate contact damage” to the front and the “windshield was smashed.” I have ordered the OSHP photos and will post some when they arrive.

Mr. Schiavone was clearly injured – bleeding at the scene. Unfortunately, there is virtually nothing I can find on the InterBlawg about this crash, how Mr. Schiavone is doing, whether he brought a civil claim, or what his current status is.  Since there appears to be evidence of alcohol, Dr. Unk could be subject to punitive damages [damages to punish] as well as compensatory damages.  While  auto insurance should cover compensatory damages, punitive damages come out of your own pocket.

Two witnesses at the scene indicated in their statement to OSHP that Dr. unk was intoxicated at the scene.  One witness wrote that  “…an overwhelming smell of ETOH was all over her…” while another wrote Dr. Unk “…smelled like severe alcohol…”  Several witnesses noted that Dr. Unk didn’t remember where her car was, and was asking people at the scene what they saw.

I have not received the alcohol report yet.  However, on May 17, 2013 Dr. Unk was indicted on three counts:

–  Aggravated Vehicular Assault [3rd degree felony]
–  DUI [1st degree misdemeanor]
– DUI with a BAC of 0.17% [1st degree misdemeanor]

The case, State of Ohio v. Unk, is Case No. 13CR-I-05-0226.  I’ll keep you posted as the case progresses – it’s already made the New York Daily News.  It should be interesting…

 

Printed from: http://www.ohiobikelawyer.com/bike-law-101/2013/05/drunk-doc-indicted-in-crash0226/ .
© 2016.

4 Comments   »

  • J Gaman says:

    I see you got reports of the witnesses but not the reports of the time of the accident or if the biker had adequate lights or reflectors as required by law.

  • Steve Magas says:

    What’s your point? I went to the OSHP and obtained the complete crash report. Since the cyclist was NOT IN THE LANE OF TRAVEL, per the crash report, but was on the very wide berm/shoulder, the good doctor had to drive out of her lane to whack him! The detailed crash investigation notes initial “scuff” marks from the car hitting the bike which are more than FIVE FEET to the right of the white line – In addition, when the police investigated the scene and the bike they found “Rear wheel was bent. RED LIGHT FROM REAR was lying on the ground in broken pieces” – when you see where the scuff marks are on the road, and see where the point of impact was on the car, it is clear that Dr. Unk’s right/passenger tire was a couple feet to the right of the point of impact… meaning she was WELL out of the lane of travel. Now that I also have photos from the crash, I will be updating this post.

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