Results

Boserman Aviation Equipment, Inc., v. United States Liability Insurance

a) The Court of Appeals, Rogers, J., held that absolute pollution-exclusion provision did not clearly and unambiguously exclude coverage.

Gerald Hinners v. Brad Robey DBA Robey’s Pawn World

Appealed ruling on Motion to Dismiss for lack of personal jurisdiction.

The District Court, Katz, J., held that: i) owner was not required to allege that settlement extinguished manufacturer's and seller's liability in order to state contribution claim, and

Warman v. L. Patrick Mulligan & Assoc. Co.

Affirming summary judgment in favor of Defendants legal malpractice action where attorneys represented Plaintiff in a criminal matter since one-year statute of limitations for legal malpractice, rather than four-year statute for fraud.

Claypoole v. Gailor

Affirming denial of Plaintiffs claims for enforcement of an attorney's lien and for damages for contractual interference regarding representation of relatives of individual killed in a car accident.

Strickler v. First Ohio Bank & Lending, Inc.

Affirming denial of Defendant bank's motion to stay proceeding pending arbitration since arbitration provisions did not apply to class action claims.

Young-Hatten v. Taylor

Affirming jury verdict in favor of Defendant in legal malpractice suit.

Toledo Bar Assn v. Johnson

The Supreme Court held that: i) attorney violated Rules of Code of Professional Responsibility, and ii) suspension of six months, stayed on condition of no further violations of Rules of Code of Professional Responsibility and restitution.

Acceptance Indem Ins. Co. v. Liberty Mut. Ins. Co.

Granted to Primary insurer regarding excess insurers claim for 'equitable subrogation' in regard to automobile accident since primary insurer did not act in bad faith to expose the insured to an unreasonable risk of judgment in excess of

Lombardo v. Mahoney

Affirming summary judgement against Plaintiff since voicemails did not rise to level of 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.

Miller v. Management Recruiters International Inc.

The Court of Appeals, Patricia Ann Blackmon, J., held that: i) trial court did not abuse its discretion in refusing to vacate award based on arbitrator's alleged bias.

Holbein v. Genesis Healthcare Sys.

a) The judgment of the court of appeals is affirmed on the authority of Fletcher v. Univ. Hosps. of Cleveland, 120 Ohio St.3d 167, 2008-Ohio-5379, 897 N.E.2d 147.

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.

Natoli v. Massillon Community Hospital

The Court of Appeals, DelaneyJ., held that: i) expert's lack of knowledge of patient's medical history and physical condition went to weight and credibility rather than admissibility;

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.

Rossetti v. OM Financial Life Ins. Co.

Reversing denial of Defendant insurance company's motion for leave to file amended answer.

Boettcher v. Gradall Co.

Reversing summary judgment entered in favor of manufacturer under strict product liability theory since there remained an issue of fact as to whether failure to equip forklift with drivers side and overhead mirrors was the proximate cause.

Berardi's Fresh Roast Inc. v. PMD Ents. Inc.

Reversing in part summary judgment granted in favor of Defendant since there was an issue as to ownership of coffee blend formula in non-compete and civil conspiracy claims brought against former business owner.

Simeone v. Schwebel Baking Co.

Reversing summary judgment granted to Defendant since triable issue existed as to whether or not attendant circumstances made curling of floor mat open or obvious when Plaintiff tripped over it.

Wilson v. AIG

Affirming summary judgment in favor of Defendant insurers sice employee killed in automobile accident while on the job was not covered under employer's policy.

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.

Urbanek v. All State Home Mtge. Co.

The Court of Appeals, Melody J. Stewart, J., held that: i) mortgagor could not establish a fraud claim against mortgagee or broker based on alleged representations that it was in mortgagor's best interest to purchase the properties.

Zachariah v. Roby

The Court of Appeals, T. Bryant, J., held that: i) genuine issues of material fact precluded summary judgment to teenagers.

Miller v. Volkswagen of Am., Inc.

Affirming certificationof class in a breach of warranty suit against Defendant automobile manufacturer.

Braden v. Sinar

Affirming summary judgment in favor of Defendant since Plaintiff failed to establish a prima facie claim of medical malpractice without adequate expert testimony.

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

Claimant's Application for Permanent Total Disability benefits DENIED.

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