Jonathan Krol

Motion for judgment on the pleadings granted based on four-year medical claim statute of repose in a multi-faceted lawsuit (alleging federal and state law claims) against medical care providers based on a suicide in a county jail.

Motion for Summary Judgment granted in favor of jail medical providers where defendants demonstrated that plaintiff could not prove deliberate indifference claims under Section 1983 related to care provided to plaintiff while incarcerated.

Summary judgment granted on all claims based on the expired statute of limitations and the finding that legal malpractice claims are not tolled until final judgment in an underlying matter.

Court dismissed all claims (including defamation and unjust enrichment) asserted by a resident against a local municipality and its employees after he was refused access to the city rec center when he refused to wear a mask during the COVID-19 pandemic.

Motion to dismiss granted in favor of escrow agent based on lack of contractual or tort duty to inform prospective seller of required inspections prior to closing of real estate transfer.

Motion for partial summary judgment granted in favor of employer against retaliation and contract/quasi-contract claims.

Summary Judgment granted in favor of defendant lawyer/law firm on vicarious liability legal malpractice claims asserted against them because said claims were barred by the applicable statute of limitations.

Motion for Summary Judgment in favor of Condado Tacos on all claims asserted against it, including trademark/trade dress, copyright, trade secrets, contract, and fraud.

Motions for judgment on the pleadings granted for employer and co-worker in a lawsuit filed by a former employee alleging sixteen counts ranging from age discrimination and retaliation, to fraud, negligence, spoliation, and various statutory and constitutional claims related to her termination after plaintiff was surreptitiously recorded by an employee while engaged in inappropriate conduct (which the plaintiff denied was her). 

Granting motion for summary judgment filed on behalf of physician in charge of county jail medical care because plaintiff did not present facts sufficient to the establish the elements of deliberate indifference claims brought under 42 U.S.C. 1983.  

Granting motion for directed verdict filed on behalf of a title/escrow services company in escrow defalcation case.

Granting motion for judgment on the pleadings filed on behalf of county jail medical care provider because deliberate indifference claims brought under 42 U.S.C. 1983 were time barred as a matter of law, and tolling/relation back doctrines did not apply to save Plaintiff's claims.  

Elliott Thomas v. Smith, et al., 154 Ohio St.3d 11, 2018-Ohio-1783

Spoliation of evidence claim requires physical interference with or destruction of evidence, and mere delay in producing evidence is not actionable under the independent tort of intentional spoliation of evidence.

Aljaberi v. Neurocare

Defendants appealed adverse trial court’s order compelling a physicians group to produce Ohio State Medical Board reports that are statutorily protected from disclosure.

Defense of property damage claim in commercial trucking accident.

Defense of putative class action alleging fraud, breach of fiduciary duty, unjust enrichment, and breach of privacy claims against an asset retrieval company for services performed throughout Ohio.

T. Kryzwicki v. E. Flanagan

Plaintiff appealed adverse trial court judgment in legal professional liability claim

Defense of wrongful termination case

Defense of race and national origin and retaliation claim

Defense of First Amendment Freedom of Speech Claims

Awarding summary judgment in favor of client on breach of contract claim to establish client as 50% owner of closely held company.

Defense against fiduciary claims asserted by a Plan participant against actuary for improper distributions of Plan assets

D. Bentkowski v. Seven Hills, et al.

Plaintiff appealed adverse trial court judgment in employee claim against governmental entity in wrongful disclosure, invasion of privacy, retaliation and conspiracy

Defense of municipality

Defense of wrongful discharge discrimination claim

Defense of municipality against various claims including retaliation and invasion of privacy.

Defense of wrongful termination employment practices claim

Defense of commercial premises liability matter

Defense of legal malpractice claim

Defense of legal malpractice claim

Defense of legal malpractice claim

Sylvia DeFranco, et al. v. Robert Zulandt, et al.

Plaintiff appealed adverse trial court judgment in legal professional liability claim

Defense of legal malpractice claim

Motion for Sanctions granted in legal professional liability case for frivolous claims.

Defense of architect against professional negligence claim