Results

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

Motion to Dismiss granted in a negligence action where Plaintiff alleged he was injured by a lightning strike.

Appellate court affirms trial court’s defense verdict of plaintiff’s medical malpractice claim. 

Defense of Title VII employment discrimination claim based on race.

Defense negligence claim brought by a Plaintiff who asserted she slipped and fell on a hazardous liquid substance at client’s convenience store.

Defense of worker’s compensation case wherein Claimant filed an appeal to a denial of right ear Eustachian tube dysfunction.

Plaintiff appealed trial court’s dismissal of plaintiff’s negligence claim against client, determining that plaintiff could not bring a stand alone negligence claim against a liquor-permit holder.

Motion for summary judgment granted in favor of nursing home against employee claims of age discrimination and retaliation.

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).

Plaintiff filed suit for wrongful termination in violation of Ohio’s Whistleblower Protection Act and in violation of public policy, contending her termination was a result of her decision to report a coworker for perceived time theft and inappropriate use of a credit card. In reality, Plaintiff’s position was eliminated as the owners streamlined their operations through digital and technological upgrades. The defense moved for and was granted summary judgment on the grounds that (1) the Ohio Whistleblower Protection Act is meant to protect public, not private, harm; (2) Plaintiff could not establish a prima facie case under the Ohio Whistleblower Protection Act; and, (3) Plaintiff could not establish a prima facie case of wrongful discharge in violation of public policy.

Plaintiff was employed as a House Manager for Michael Browning and his family (Owner of Browning Investments). Plaintiff claims she was entitled to four weeks of severance pay after she was terminated pursuant to her employment agreement. Defense denied that she was entitled to severance because she was fired for poor job performance, which precluded her entitlement to the severance under the contract.  Judge ruled in favor of Defendants and Plaintiff took nothing by way of her Complaint.  

Defense of alleged damages as a result of eviction from residential property.

Summary judgment granted for our client, a Hotel, in a negligence action where Plaintiff alleged that he slipped and fell in the lobby.

Granting of Motion for Judgment on the Pleadings and dismissing Plaintiff’s legal malpractice claim on the basis that the attorney-defendant owed no duty to Plaintiff to object to a sentence arising out of a probation violation when Plaintiff committed non-technical violations of her parole.

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

Defense of company in store security case. Motion for summary judgement granted in favor of company after Plaintiff alleged that the company did not protect her from an assault.

Defense of claim alleging negligence to properly maintain store entrance from accumulation of ice and snow.

Successfully obtained summary judgment for life insurance agency for failing to procure and maintain life insurance for the plaintiff’s deceased husband based on the expiration of the statute of limitations.

Plaintiff alleged that he sustained injury after he slipped and fell in a bathtub.

Defense of premises liability personal injury claim.

Obtained summary judgment on behalf of nurse who was alleged to have been deliberately indifferent to a prisoner’s serious medical needs for violating hospital policy regarding discharge after surgery.

Plaintiff appealed granting of dismissal based on statute of limitations.

Defense of a police excessive force case.

Summary Judgment victory for professional massage studio on claims of negligent hiring and training. Summary Judgment was upheld on appeal by the First Appellate District.

Motion to dismiss granted in Hamilton County Court of Common Pleas on claims for legal malpractice that were barred by the statute of limitations.

Defense of property damage claim arising from claimed homeowner negligence.

Defended insurance company in alleged wrongful termination in violation of public policy.  The Court granted summary judgment finding no violation occurred.

Defended hospital in claim filed related to labor and delivery.  Judgment entered in favor of hospital.

Defense of claim alleging that a homeowner failed to properly secure "portable garbage" to the ground, resulting in property damage.

Appealed trial court judgment dismissing school board’s claim regarding sharing of tax revenue.

Defense of employment discrimination case.

Plaintiff underwent two level lumbar spine fusion performed by our neurosurgery client and subsequently claimed unremitting permanent pain from a cage/ spacer migrating into her spinal canal. Plaintiff claimed neurosurgeon failed to timely order appropriate tests and perform subsequent surgery to remove the cage, causing it to be permanently located in the spinal canal, resulting in permanent severe pain and disability.

Landmark decision on ability of government employees to contract with their employer.  Represented Spencer Township in appeal to reverse a judgement regarding a breach of contract on behalf of a terminated Fire Chief. The Court found that the contract was null and void and not enforceable and judgment was entered in favor of the Township.

Plaintiff’s premises liability claim dismissed against retailer for damages incurred as a result of striking pothole in parking lot.

Summary judgment granted in favor of school district, administrators, and teachers on negligence claims involving an individualized education plan, supervision, and staffing levels

Summary judgment on gender discrimination and retaliation claims upheld involving a female police officer who was terminated at the end of her training phase

A defendant appealed the unanimous jury verdict which overturned the decedent’s last will and testament. The appellate court, in a unanimous decision, found there was ample evidence at trial supporting a finding that the will was the product of undue influence. As a result, our clients will share equally in their mother’s estate.

Successfully obtained summary judgment on behalf of insurance company regarding coverage dispute.

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

Plaintiff alleged that she sustained water damage to her basement as a result of construction (storm drainage) work performed in the neighborhood by construction company.

Defense of neurointerventional radiologist alleging negligence in treatment of a stroke.

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.

Claimant sought VSSR award as a result of a forklift incident. The claim for additional benefits was denied after hearing, as was a motion for rehearing. No mandamus appeal. 

Plaintiff appealed granting of summary judgment in claimed employment discrimination based on disability and retaliation for request an accommodation.  

Motion for Judgment on the Pleadings granted in Warren County Court of Common Pleas for property management company and employees on claims related to wrongful foreclosure on property.

Motion for summary judgment granted in favor of employer against employee claim of wrongful discharge in violation of public policy.

Obtained summary judgment in favor of hospital on medical malpractice claim related to the treatment of infectious diseases.

The Plaintiff had complained that his civil rights were violated with respect to his medical treatment in jail. The court granted summary judgment finding that he had not met his burden to show that they exercised deliberate indifference in his medical treatment  

In a unique question of Ohio and Michigan law, we won summary judgment determining that a will executed, although never probated, in Michigan was not effective to transfer assets out of an Ohio Trust. As a result, our clients inherited a share of their father’s trust rather than it distributing solely to their step-brother.

Defendant mental health services and housing to individuals with mental health issues. Defendant filed an eviction case against the resident Plaintiff for non-payment of rent. Plaintiff filed a pro se Counterclaim alleging entitlement to the security deposit, as well as alleging property damage and physical injury. Eviction was granted and magistrate dismissed Plaintiff's counterclaim.

Represented an individual Defendant in defense of a will contest. The case was originally dismissed on a motion for summary judgment, then remanded for trial. At the conclusion of Plaintiffs’ case in chief to the Jury, we along with the other defense team members, successfully won a motion for directed. This appeal addressed significant evidentiary issues and, in the process, affirmed the trial court.

Summary judgment granted in favor of school district on claims of copyright and trademark infringement

Successfully challenged MSHA citation on behalf of a blasting client, resulting in a reduction of assessed negligence and a significantly reduced fine.

Obtained partial summary judgment on plaintiffs’ behalves in will-construction claim filed in alternative to a will-contest to determine whether plaintiffs were beneficiaries pursuant to the will’s terms. Court also determined that it would oversee the distribution of the estate to ensure the defendant acts in accordance with the testator’s intent and not in bad faith, with dishonesty, or with improper motive regarding further distributions. The Court also held that plaintiffs did not violate the will’s no-contest clause in pursuing the will-construction claim.

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.  

Obtained reversal of trial court’s order denying a motion for leave to file a belated motion to correct error after the intended movant was never given notice of the final dissolution decree. This case was done pro bono.

Ohio Supreme Court answered certified question regarding allocation of insurance proceeds for long-term injuries amongst multiple policy years.

Obtained a dismissal of a complaint on behalf of an appraiser client in Jefferson County, Kentucky successfully arguing an appraiser hired by the lender owes no duty to the property’s seller.

Long term care litigation addressing applicability of voluntary arbitration agreement.

We represented a family practice physician. Plaintiffs alleged that our client failed to obtain urinalysis and MRI of the cervical neck in a patient with severe neck pain and hypertension. Plaintiff claimed this delayed diagnosis of her multiple myeloma, causing a C5 fracture and permanent spinal cord damage, multiple spine surgeries and permanent bowel and bladder incontinence. Plaintiff also claimed she is permanently confined to a wheelchair. Jury returned a unanimous verdict on favor of our client on standard of care.

Defense of a nursing home when plaintiff appealed adverse trial court order enforcing arbitration.

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.

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.

Defense of apartment complex premises liability claim.

Defense of breach of contract claim against mass merchandiser.

Defense of police chief and captain against Fourteenth Amendment claim that the police department failed to adequately investigate the circumstances of the death of Plaintiff’s family member. 

Defense of board of education and individual coaches against claims of negligence related to injury during track and field practice 

Medical malpractice wrongful death claim involving death of a 44-year-old woman from a liver abscess following an appendectomy.

Dr. Kirk Halliday v. The Board of Directors of the Mental Health and Recovery Board

of Erie and Ottawa Counties, et al.

Plaintiff appealed adverse trial court judgment in defamation claim

Plaintiff alleged negligence against our client after she fell on a gravel sidewalk.

Defense of plastic surgeon in case alleging failure to appropriately perform breast reconstruction, resulting in multiple further surgeries

The Court found that the condition  (a box) was open and obvious and as such, defendant had no duty to warn related to it. The Court also briefly discussed the lack of notice as additional grounds to support summary judgment. 

Defense of pharmacy at small claims trial resulting in dismissal of the claims 

Claimant was seeking permanent income and medical benefits following a work-related lumbar strain and eventual lumbar fusion.  Through diligent investigation into the claimant’s intervening activities, including a subsequent lumbar injury with another employer, defense counsel limited the award to temporary income and medical benefits already paid, avoiding liability for the fusion surgery and related impairment.

Defense of slip and fall case against restaurant in small claims court alleging negligence in snow and ice removal.

Medical malpractice litigation addressing application of statute of limitations in foreign body claim.

Defense of claim alleging negligence to properly maintain sidewalks and warn plaintiff of a dangerous condition.

Arbitration defense of hospitality discrimination claim

Defense of orthopedic medical malpractice claim

Arbitration defense of tenant- landlord alleging uninhabitable living conditions

Defense of wrongful death of 21 year old mother medical malpractice claim

Obtained summary judgment on behalf of insurance agency defending claims of negligent failure to write appropriate insurance.

Defense of catastrophic trucking liability personal injury claim