Brian D. Sullivan

The Second District Court of Appeals upheld a favorable defense verdict and overruled objections that the trial court failed to strike prospective jurors for cause and improperly seated two substitute jurors.

Appellate court affirms motion for judgment on the pleadings regarding the sufficiency of Plaintiff’s affidavit of merit against a psychiatric practice. 

Motion for summary judgment granted by Northern District of Ohio in insurance coverage matter regarding the scope of tortfeasor’s employment.

Defended amusement park against a class-action lawsuit seeking reimbursement of money paid for season passes due to the park not opening amidst COVID-19. The Erie County Common Pleas Court dismissed all claims. Plaintiff appealed to the Sixth District Court of Appeals, which overturned the trial court ruling. Reminger successfully appealed to The Ohio Supreme Court, which reversed the judgment of the court of appeals and reinstated the trial court’s original judgment.

Successfully appealed trial court's decision regarding a tax revenue sharing agreement between two school districts. 

Motion to compel successfully upheld by Eighth District Court of Appeals regarding disclosure of electronic information in matter involving misappropriation of trade secrets.

Appellate court affirms trial court’s motion for summary judgment in medical malpractice case alleging delayed cancer diagnosis.

Affirming trial court’s dismissal of medical malpractice action brought against multiple hospitals and physicians.

Affirming judgment of district court dismissing plaintiff homeowners claim of inhabitability.

Affirming judgment of district court granting summary judgment in favor of defendants on legal malpractice claim.

Affirming judgment of district court granting summary judgment to defendant medical providers on claims of medical malpractice and constitutional violations.

Affirming judgment of district court entering a jury verdict in favor of defendant medical provider and professional corporation on plaintiff’s claims for medical negligence and related claims.

Affirming judgment of district court granting summary judgment in favor of defendant corporation on plaintiff’s breach of contract, unjust enrichment, and promissory estoppel claims.

Reversing judgment of district court granting summary judgment in favor of defendants and remanding to state court.

Affirming and reversing in part judgment of trial court granting plaintiff’s motion to compel and ordering in camera inspection of compelled discovery.

Holding that the terms of employment not the provisions of W.Va. Code 21-5-1(c), determine whether fringe benefits have accrued so as to be included in the term "wages").

Holding that parents have the authority to bind their minor children to exculpatory agreements in favor of volunteers and sponsors of nonprofit sport activities.

Holding that federally mandated MCS-90 endorsement to a commercial trailer's policy obligated the insurer to indemnify the driver and owner of the tractor.

Determining that, in those cases where an intentional act is substantially certain to cause injury, determination of an insured's subjective intent, or lack of subjective intent, is not conclusive of the issue of coverage).

Holding that a plaintiff did not need to show that an employee had been adjudicated civilly liable or had been found guilty of a crime in order for the plaintiff to maintain a negligent hiring, retention, or supervision claim against an employer

Dismissed appeal for lack of jurisdiction because Bankruptcy Appellate Panel’s order remanding for completion of liability phase was not final for purposes of 28 U.S.C. § 158(d)(1).

Defense of pain management physician in a medical negligence claim, allegedly leading to a spinal cord injury.

Granting defendant summary judgment on plaintiff’s claims for declaratory judgment, breach of contract, and bath faith.

Holding that a post-verdict juror letter could not be considered when ruling on a motion for a new trial because the letter evidenced a statement concerning a matter about which the juror was precluded from testifying under Evid.R. 606(B), and it could not be used to impeach the verdict.

Long term care litigation addressing applicability of voluntary arbitration agreement.

Affirming judgment of trial court granting summary judgment in favor of defendant medical provider on plaintiff’s claims for lack of informed consent and medical battery.

Holding that an action based upon a charging lien was an in rem proceeding against a particular fund and that when a matter was resolved through a settlement, the fund came into being at the time the settlement was paid and the release was received.

Medical malpractice claim dismissed by trial court by way of early motion practice and affirmed by appellate court on appeal.

Reversing judgment of trial court dismissing plaintiff’s medical malpractice action for lack of an affidavit of merit.

Elizabeth Tomcho, et al. v. ALTL Inc., et al.

Filing of a Motion to Vacate Judgment resulting in a reversal of a $6 million default judgment against a truck driver in a multi-vehicle accident

Result: Judgment Reversed and Remanded

Reversing trial court’s denial of defendant’s motion to vacate default judgment.

Reversing judgment of trial court ordering all discovery to be had without first conducting in camera review of disputed documents.

Reversing judgment of trial court denying defendant county summary judgment because trial court erred in determining that immunity did not apply with respect to landowner’s trespass claim.

Noting that the evidence did not support a remote cause jury instruction in medical malpractice trial.

Affirming judgment of trial court determining insurer’s equitable share of defending and indemnifying insured was proper.

Affirming judgment of trial court in favor of defendant dismissing plaintiff’s breach of contract and negligence claims.

Dismissing plaintiff’s appeal because court lacked jurisdiction over trial court’s entry.

Reversing judgment of appellate court and finding in favor of defendant medical providers on plaintiff’s medical negligence claims because Ohio Savings statute did not apply.

Motion for summary judgment granted in favor of client in defense of legal professional liability claim.

Gallagher, Extr. v. Firelands Regional Medical Center

Defendant appealed adverse trial court judgment in wrongful death medical malpractice case 

Affirming and reversing in part plaintiffs’ class action claims.

Affirming judgment of trial court granting judgment on the pleadings in favor of lawyer on statute-of-limitations grounds.

Affirming judgment of trial court granting summary judgment in favor of defendant lawyer and law firm on plaintiff’s legal malpractice claim.

Affirming judgment of trial court denying defendants’ motion to compel arbitration and stay proceedings.

Berdysz v. Boyas Excavating, Inc.

Appeal of trial court’s certification of a class action

Affirming judgment of trial court denying defendants’ motion to compel arbitration, as non-signatory was not bound by agreement.

Granting summary judgment in favor of defendant insurance companies on plaintiff’s indemnification claims.

Smith v. Helsop

Plaintiff appealed trial court grant of summary judgment to defendant in commercial premises liability matter.

Affirming judgment of trial court granting summary judgment in favor of defendant medical providers against plaintiff for failure to comply with Local Rule 21.0.

Affirming partial judgment of trial court granting judgment on the pleadings on plaintiff’s medical claims.

Affirming judgment of trial court granting summary judgment in favor of defendants.

Affirming judgment of trial court granting summary judgment to trustee and beneficiaries of trust on plaintiff widow’s claim of undue influence and lack of capacity.

Affirming judgment of trial court returning jury verdict in favor of defendant on plaintiff’s medical negligence claims.

Affirming judgment of appellate court denying plaintiff’s request for a protective order in personal injury action.

Holding that a landlord does owe to a tenant's guest the statutory duties under R.C. 5321.04(A)(3) and that a breach of that duty constitutes negligence per se.

Motion for summary judgment was granted in favor of client in defense of legal professional liability claim.

Holding that petitioner company is the alter ego of defendant and denying petitioner’s ancillary petition in forfeiture proceedings.

E/O S. Galloway v. Marion Psychological Inc., et al.

Plaintiff appealed adverse trial court judgment in wrongful death suicide claim

Affirming judgment of trial court finding that the term “non-transient” as used in defendant city’s ordinance was unconstitutionally vague).

Affirming judgment of trial court granting summary judgment to defendant medical providers on statute of limitations grounds.

Affirming judgment of district court granting summary judgment in favor of defendants on plaintiff’s 42 U.S.C. § 1983 claims).

Defense of dram shop liability action. Affirming judgment of trial court granting summary judgment to bar owners and operators on plaintiff patron’s negligence claim.

Hewitt v. L.E. Meyers Co.

Employer appeals to Supreme Court in Court of Appeals reversal of trial court judgment in so-called 'intentional tort case' involving statutory definition of 'equipment safety guard'

Houdek v. ThyssenKrupp

On behalf of employer, obtained Ohio Supreme Court reversal of Court of Appeal decision. Ohio Supreme Court reinstated favorable trial court summary judgment ruling on test of deliberate intent relative to employer intentional tort. 

Plaintiff v. General Dentist Defendant

Ohio Supreme Court dismissed appeal of judgment favoring defendants in case involving alleged failure to diagnose oral cancer.

James Lee Robinson, et al., v. Bob Spurlock, et al.

Appealed of adverse trial court judgment in prosecution of property damage subrogation claim

Plaintiff v. General Dentist Defendant

Plaintiff's unsuccessful appeal of trial court judgment in favor of defendants dentists in case involving alleged failure to diagnose oral cancer.

Affirming judgment of trial court granting summary judgment in favor of defendants on plaintiff’s dental negligence and loss of consortium claims.

Dismissing plaintiff’s appeal on dental malpractice and loss of consortium claims.

Reversing judgment of court of appeals and reinstated trial court’s judgment in favor of defendant employer on plaintiff employee’s claims under R.C. 2745.01.

Reversing trial court’s judgment in favor of plaintiff employee on employee’s intentional tort claim.

Reversing judgment of district court denying plaintiff general contractor’s duty-to-defend claim.

Vacating judgment of district court dismissing third-party claims under the Fair Housing Act

Defense of insurance coverage bad faith claim. Reversing judgment of trial court granting summary judgment in favor of defendant insurer on plaintiff’s breach of contract and bad faith claims.

Borsellino, et al. v. Smythe Cramer, et al.

Plaintiffs appealed adverse trial court judgment on Motion for Relief from Judgment.

Estate of Wood v. Harborside Health Care

Estate of deceased resident appealed adverse trial court judgment in wrongful death for alleged failure to timely diagnose and treat resident’s infection claim.

Granting defendants partial summary judgment.

Affirming judgment of trial court granting summary judgment to defendant health care providers on plaintiff’s medical negligence claims.

Affirming judgment of trial court granting summary judgment in favor of defendants on plaintiff’s claims for negligent maintenance and breach of regulations and standards in installing a traffic signal.

Holding that a catastrophically injured claimant was not a third party beneficiary to contract between the utility and the service contractor and therefore could not maintain a tort claim against the service contractor.

Reversing judgment of appellate court in favor of plaintiff on medical negligence claims, and reinstated verdict of trial court in favor of defendant doctor.

Holding that an attorney retained by a dissident board member to assist him in temporarily taking control of a corporation could not be sued by the corporation for malpractice, because no attorney-client relationship existed between the attorney and the corporation.

Holding that the bona fide error defense in §1692k(c) does not apply to a violation resulting from a debt collector’s mistaken interpretation of the legal requirements of the FDCPA.

C. Heider, Admrx., et al. v. U.S. Utility Contractor Co.

Plaintiff appealed adverse trial court judgment in design defect of traffic signal wrongful death action.

Turk v. Novacare Rehab. Of Ohio

Plaintiff appealed advised trial court ruling for summary judgment in a premises liability case.

Elizabeth Schura, etc. et al. v. C. Marsick, M.D. & Physicians Staffing

Plaintiff appealed a trial court judgment in medical negligence claim.

In Re: Estate of Baltic

Plaintiff appealed trial court’s grant of summary judgment to charitable organization in a probate administration case.

Rosalind Franklin v. Emily Franklin, et al.

Plaintiff appealed trial court judgment refusing her application for trusteeship and removal of present trustees.

Anthony v. Andrews

Reversing sanctions issued against Defendant physician for failure to proceed in good faith at mediation conference since privileged communications should not have been disclosed in mediator's report.

Click v. Georgopoulos

Affirming summary judgment in favor of Defendant in wrongful death suit because Plaintiff failed to produce an expert witness demonstrating negligence.

Coleman v. Beachwood

Affirming summary judgment in favor of Defendant since, inter alia , the city had immunity from a claim for intentional infliction of emotional distress.

Anderson v. Snider Cannata Co.

Affirming summary judgment in favor of Defendant contractors where Plaintiff subcontractor fell down a stairway while working on a construction site since Defendant had no duty to warn of the inherently dangerous.

Montanez v. MetroHealth Med. Ctr.

Affirming summary judgment in favor of Defendant in medical malpractice claim regarding the removal of a portion of the Plaintiffs lung since statute of limitations had expired and Defendant medical center was not liable.

Mallette v. Penske Truck Leasing Co., L.P.

Reversing summary judgment granted to Defendant since Plaintiff's injury, which occurred by way of faulty step on a truck, could reasonably have been caused by Defendants negligence.

Outlaw v. Werner

Affirming summary judgment in favor of Defendant regarding a claim for defamation and intentional infliction of emotional distress.

Cosgrove v. Rose

Affirming order of probate court which determined that a trustee had the authority to make monthly distributions of funds to a contingency trust beneficiary.

Auto-Owners Ins. Co. v. Feeler

Reversing dismissal of automobile accident victim's motion for dismissal from judgment since victim did not authorize release of claims against insurer fro personal injury.

Thomas v. Univ. Hospitals of Cleveland

Reversing summary judgment of medical malpractice claims granted in favor of Defendant surgeons since expert testimony created a genuine issue as to proximate causation of injuries.

Adovasio v. Girard Community Commt.

Affirming summary judgment in favor of employer since employee was not fired in retaliation for filing a worker's compensation claim and was not discriminated against for his long hair and beard.

Pappas v. Ippolito

Affirming summary judgment in favor of Defendant since Plaintiff could not have relied upon Defendant's alleged representations prior to sale of apartment building

Goodrich Corp. v. Commercial Union Ins. Co.

Affirming a jury verdict rendered in favor of insured Plaintiff and awarding prejudgment interest against two insurers with whom Plaintiff had held umbrella liability policies to indemnify against claims filed by

Lanzone v. Zart

Affirming jury verdict in favor of Defendants where newborn child was injured during delivery.

Huffman v. Willoughby

Affirming denial of Defendant city's motion to dismiss since Plaintiffs properly stated a claim for drowning deaths caused by Defendants dam, and Defendant was not immune from liability.