Results

Defense of claim against restaurant alleging harassment in retaliation to termination based upon behavior.

Defense of claim against broadband company by an employee alleging harassment in retaliation for engaging in a protected activity.

Arbitration defense of alleged food contamination leading to illness

Employment discrimination claim dismissed by trial court by way of summary judgment motion practice and affirmed by appellate court on appeal.

Claimant alleged both acute injury and cumulative trauma injury to knee. Defense counsel presented testimony from the claims adjuster refuting the claimant’s account and testimony from the treating physician rebutting cumulative trauma claim, resulting in complete dismissal.

Defense of orthopedic medical malpractice claim.

Defense of medical malpractice claim alleging unnecessary spinal fusion and decompression.

Time-barred legal malpractice complaint dismissed in its entirety following a grant of defendant-attorney’s motion for judgment on the pleadings 171 days after receipt of assignment.

Defense of federal civil rights action arising from jail suicide.

Defense of negligence claim against a security company

Defense of county board against claims of age discrimination, wrongful termination, and intentional infliction of emotional distress

Defense of medical malpractice claim against neuroradiologist alleging failure to recognize indications of spinal epidural abscess on MRI.

Defense of criminal trucking property damage case

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

Defense of injury case against hospital.

Defense of commercial premises liability claim and prosecution of claims for contractual indemnification and attorney’s fees

Prosecution of claims for indemnification and attorney fees

Obtained dismissal of a malpractice claim at the pleading stage that alleged a failure to properly represent a client in an underlying criminal matter, on the basis that the claim was barred by the one-year statute of limitations.

Defense negligence claim brought by a Plaintiff who asserted that he received foodborne illness while dining at client’s establishment. 

Defense of respondent insurance agent from claims of negligence, negligent and fraudulent misrepresentations, and unsuitability.

Defense of employment practices claim

Defense of premises liability claim.

Claimant was a 72-year-old woman who had worked as a machine operator for the defendant for 33 years prior to sustaining a work-related hip fracture, requiring surgery and resulting in a claim for PTD benefits. Through effective cross-examination concerning the basis for claimant’s failure to return to work post-surgery, defense counsel limited claim to an award of PPD benefits based on a 2% impairment rating.

Obtained summary judgment on the issue of duty owed by the insured to a delivery truck driver who alleged the carts he was ordered to deliver were negligently packed.

Dismissal of premises liability claim

Defense of decision by township Board of Zoning Appeals in administrative appeal to the trial court

In this post-award Medical Fee Dispute, the claimant underwent an extended hospital stay as a result of an ulcer allegedly related to an infection of hardware implanted after a work-related ankle injury. Defense counsel presented expert medical proof that the ulcer was a result of the claimant’s diabetes and not a hardware infection, resulting in a savings of more than $284,500 in disputed medical bills.

Defense of mayor in case involving removal of vehicles and equipment

Successfully briefed and argued appeal of summary judgment on client’s behalf in personal injury claim.

Defense of emergency medicine malpractice claim in 6-day jury trial alleging failure to diagnose soft tissue infection resulting in gangrene, multiple surgeries, and permanent injury.

Early dismissal of Vermont based Executor of the Estate in plaintiff’s legal malpractice and conspiracy claim, finding attorney did not avail the privileges and protection of Ohio by participating in disciplinary investigation.

Defended internal medicine/ attending physician in case alleging wrongful death of 33 year old high school track coach from pulmonary embolus.

Plaintiff filed a lawsuit against our insurance agent client, alleging that the insurance agent recommended unsuitable insurance products and committed fraud through alleged misrepresentations and omissions in presenting the products to the client. We successfully defended the insurance agent and obtained a complete dismissal of all claims.

Defense of wrongful death suit alleging failure to adequately treat pulmonary embolism in a 36-year-old man.

Plaintiff alleged negligence against the operator of an exercise facility.

Defense of fraudulent misrepresentation claim.

Successfully obtained summary judgment on behalf of an insurance agent and insurance carrier facing claims of negligence and breach of contract, respectively.

Defense of legal malpractice claim against appellate attorney alleging a failure to object to the State's submission of inadmissible exhibits into the appellate file.

Represented professional services assistance program alleged to have violated plaintiff's constitutional civil rights.

Defense of insurance agent E&O claim arising out of motor vehicle accident.

Represented plaintiff in breach of contract and conversion case against contractor for failing to perform adequate demolition work in a timely manner.

Former client-business owner brought a legal malpractice lawsuit against former attorney for alleged deficiencies in the handling of a business dispute and probate matter.

Summary Judgment granted in Boone County Kentucky Circuit Court on claims of fraud and negligence asserted against real estate agent for failure to disclose mold contamination.

Represented staffing service company in charge alleging termination as result of a disability.

Claimant alleged a work-related shoulder injury resulting in surgery. Working closely with the employer, defense counsel introduced testimony refuting the claimant’s account and secured a complete dismissal of the claim.

Defense of claims of wrongful termination and withholding of compensation   

Defense of school district before the U.S. Department of Education, Office for Civil Rights in case involving claims of disability discrimination and retaliation which resulted in a finding of no probable cause and dismissal of the charge.

Plaintiff alleged negligence against a warehousing entity for whom he was performing work on a forklift.  Plaintiff was precluded from bringing a claim against the Defendant because it constituted a “joint employer” under Indiana’s Worker’s Compensation Law; thus, Plaintiff’s remedy was limited to worker’s compensation benefits through his staffing agency employer.

Powell v. Medical Department Cuyahoga County Correctional Center

Appeal of a civil rights lawsuit against prison healthcare providers.

Successfully challenged an ATF effort to revoke clients’ explosives licenses due to a theft and loss of explosives. Represented the clients before the ATF in Washington, D.C. ultimately negotiating a successful resolution for the clients that allowed them to maintain their licenses, avoid revocation / suspension, and avoid the cost of proceeding to an administrative hearing and potential appeal to federal circuit court.

Defense of employment discrimination claim.

Defense of medical malpractice claim alleging failure to timely diagnose recurrence of cancer.

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.  

Plaintiff alleged negligence against our client on the theory of respondeat superior. 

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

Plaintiff filed a lawsuit against our banking client, alleging the bank improperly handled the collection on a loan. We successfully argued that the bank acted properly under the loan documents and applicable law, and obtained complete dismissal of all claims.

The plaintiff claimed that the cardiologist failed to diagnose an acute aortic dissection resulting in her husband’s death. Following a three-week long jury trial with numerous experts, the jury returned a verdict in favor of the defendant cardiologist.

Obtained directed verdict against two children who had been disinherited from their mother’s estate and trust after 4 days of jury trial in a high value/high stakes will and trust contest.

Defense of individual involving claims of hostile work environment, disability discrimination, and retaliation.

Defense of obstetric medical malpractice claim alleging severe neurologic birth injury

Defense of claim alleging wrongful death against a nursing home

Defense of medical malpractice claim alleging damages including lost future wages   

Defense of wrongful death medical malpractice claim

Claimant sought TTD and permanent income and medical benefits as a result of an alleged thoracic injury from lifting at work. Defense counsel presented testimony from the employer and multiple other lay witnesses regarding claimant’s activities following the incident, resulting in a finding of a temporary strain with no award of additional benefits.

Raymond Hayes & Dena Hayes v. D.C.I. Properties-D KY, LLC and the Nelson Stark Company

Defense of appeal of summary judgment involving the attractive nuisance doctrine.

Alford v. Arbors at Gallipolis

Nursing Home Arbitration Agreement enforced by trial court and affirmed on appeal where the Court found the daughter, who was not the patient’s power-of-attorney, had apparent authority to sign contract for her father.

Following bench trial to the Probate Judge, successfully obtained court order, over beneficiary’s objection, a) approving institutional Trustee’s accounting and b) releasing Trustee for its conduct including payment of fiduciary fees and its litigation attorney fees, and for making loan to beneficiary secured by beneficiary’s fraudulent representation to the institutional Trustee.

Trial defense of claims of dental malpractice