Retail, Hospitality and Entertainment

Court of common pleas granted summary judgment based upon open and obvious doctrine.

Plaintiff filed an action against a national retailer for targeting after they refused him service and requested police issue an order that he no longer enter the store. Nick filed a Motion to Dismiss based on Indiana Trial Rule 12(B)(6) for failure to state a claim upon which relief can be granted. Plaintiff failed to amend his Complaint within the time period required by the Trial Rules, and the Court set the matter for hearing. At oral argument, Nick stated that, on the face of the Complaint, Plaintiff’s allegations against the retailer were not cognizable claims recognized in Indiana, and that constitutional provisions give a private business the right to refuse service to a single individual customer in this case’s particular circumstance. Nick further argued that the Court lacked jurisdiction to order any equitable relief, and because the Plaintiff’s Complaint was silent as to any monetary damages, the Complaint should be dismissed in full. The Court agreed, and entered an order dismissing the case.

Secured defense verdict in slip and fall case at amusement center.

Plaintiff claimed broken tailbone and years of back pain resulting in injections from a fall on clear liquid at a big box store. Plaintiff failed to identify any employee who had notice of the hazard let alone produced evidence that the hazard was existing or how long it had existed, prior to the alleged fall and injury. The Court agreed that it was Plaintiff’s burden of proof to demonstrate prior notice, entering judgment in favor of our client and dismissal all claim just a couple weeks shy of trial.

Order to Deem Requests for Admissions as Admitted and Order granting summary judgment in favor of big box retailer.

Successful defense of a Fort Wayne hotel in a trip and fall incident causing multiple orbital bone fractures, permanent facial nerve damage, and double vision to the Plaintiff whom the jury found to be primarily at fault more so than the hotel.

Obtained a directed verdict in Central District Court in Trumbull County on behalf of big box retailer in a consumer sales practices act and negligence case. 

Motion for Relief granted in favor of big box retailer.

Defended big box retailer against negligence claims of a woman claiming she was injured due to a defective tile seal and/or missing grout in the store. The court entered its Order sustaining the retailer's objections to a Sham Declaration and Improper Demonstrative Evidence as well as granting the retailer’s Motion for Summary Judgment and entering a full dismissal with prejudice.

Defense of premises liability claim for personal injuries resulting from tripping over an open and obvious hazard in the store.

Motion to dismiss granted in case involving negligence and assault claims against retailer and their security guard.

Plaintiff attempted to move to vacate the Court’s grant of dismissal with prejudice to our big-box store client. Plaintiff’s theory for vacating a judgment was that his lack of timely response to a dispositive motion was due to excusable neglect.  We opposed the motion and the Court upheld its prior ruling, strongly adhering to the excusable neglect standard in Ohio and demonstrating Plaintiff was not entitled to such significant relief. The court agreed and upheld the judgment, preserving the case law on the issue.   

Plaintiff sued for premises liability and filed within statute of limitations but failed to properly serve big box store for over a year, which entitled defendant to a dismissal with prejudice under the civil rules.

Defended bog box retailer against a customer's claims of negligent infliction of emotion distress and intentional infliction of emotional distress based upon witnessing a self-harm incident at the store while present as a contractor supplier.

Obtained summary judgment in favor of winery, dismissing plaintiff’s negligence claims with prejudice. 

Represented big box retailer and auto service provider against a complaint for property damages to a vehicle arising out of an allegedly faulty maintenance and oil change. 

Defended big box retailer in slip-and-fall action related to tracked in water hazard at entrance of the store premises. We successfully had a set of requests for admissions deemed admitted by the Court, which negated any claims for alleged negligence or premises liability against the client. Thereafter, we successfully moved for summary judgment, incorporating the admissions of plaintiff that had previously been deemed admitted. The client’s motion for summary judgment was granted, dismissing all claims.

Defended retailer against traditional claims of negligence/premises liability.

Summary judgment obtained in favor of retailer in a wrongful death case.

Argued in front of the Indiana Court of Appeals to reverse a denial of summary judgment in a premises liability case based upon judicial estoppel.

Represented a hotel against a claim for negligence. 

Motion for summary judgment granted in slip and fall case at big box retailer.

Defended a hotel against claims of negligent security and dram shop liability under KRS 413.241. Plaintiff's negligent security claims were dismissed on summary judgment. Following three days of deliberation, the jury found that the hotel did not violate its standard of care in serving the plaintiff and thus no damages were assessed against our client.

Defended a big box retailer against an alleged premises liability claim involving a slip and fall due to a purported water hazard.

Successfully defended electronics retailer against claims alleging faulty repair and technical service. 

Summary judgment granted in favor of retailer after a customer alleged negligent security when an assailant assaulted him and stole his car in the parking lot.   

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.

Obtained a judgment in the Sixth Circuit Court of Appeals affirming the Northern District’s dismissal of a slip and fall case involving a Pepsi spill at a Dollar General. The plaintiff alleged that a spill by a Pepsi merchandiser earlier in the day was not properly cleaned by Pepsi or Dollar General, and caused a sticky floor which resulted in her falling. However, the district court dismissed the plaintiff’s claims on summary judgment because the Pepsi merchandiser testified that the spill happened in one area of the store based on pictures and the plaintiff testified that she fell in a different area based on the same pictures.

Succesfully defended big-box retailer in a premises liability case alleging active negligence of employee. 

Summary judgment granted in favor of big-box retail client where a customer alleged negligent security when an assailant pulled a weapon on him.

Summary judgment granted in favor of our community facility client in case of alleged negligence, intentional infliction of emotional distress, and loss of consortium.

Defense of big box retailer in Consumer Sales Practices Act claim.

Defense of claim alleging negligence on premises of big box retailer. 

Affirming trial court’s dismissal of slip and fall lawsuit.

Successfully defended large retailer against claim of traumatic brain injury on premises.

Successfully defended trampoline park against claim of injury on premises.

Successfully defended Auto-Care Center against negligence claim.

Defense of claim alleging negligence resulting in knee injury on premises of big box retailer.

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.

Defense of retailer in trip and fall case at distribution center.

Defense of retailer in slip and fall case at local store.

Defense of retailer in trip and fall case.

Defended retailer in property damage claim.

Defense of claim alleging negligence on premises of big box retailer. 

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

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.  

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

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

Defense of premises liability personal injury claim.

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

Plaintiff was a patron at Cooper’s Hawk Restaurant. She slipped and fell while exiting the women’s restroom. Compound fracture of her ankle. The issue on appeal was whether or not the trial court errored in denying Cooper’s Hawk’s motion for summary judgment that Cooper’s Hawk had no actual or constructive knowledge of any dangerous condition that Plaintiff alleged caused her fall and that Plaintiff failed to identify the proximate cause of her injuries. Appellate Court reversed the trial court denial finding that the designated evidence did not show that Cooper’s Hawk had actual or constructive knowledge of any dangerous condition on the floor that could have caused the Plaintiff’s fall.

Prosecution of premises liability claim against the U.S. government, resulting in nearly $900,000 award for damages.

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

After obtaining summary judgment on the issue of duty regarding a delivery truck driver for a contractor who alleged the insured negligently packed the cart to be delivered to its store, the judgment was unanimously affirmed on appeal after oral argument.

Arbitration defense of hospitality discrimination claim

Represented Defendant in a case in which Plaintiff alleged that he was falsely accused of menacing and lewd behavior.

Prosecution of claims for indemnification and attorney fees

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

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

Obtained Decision and Entry granting summary judgment on a premises liability case with significant injuries.

Plaintiff/Appellant appealed a directed verdict dismissing all Defendants as Plaintiff failed to prove both defendants were liable of tortious conduct as required to apply the doctrine of alternative liability. 

Defense of premises liability claim.

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 premises liability case alleging significant injury

Plaintiff alleged negligence against the operator of an exercise facility.

Plaintiff/Appellant claimed she slipped and fell on spilled sour cream in the cooler section at Dollar General and incurred injury.

Obtained summary judgment on behalf of a trampoline park facing claims of negligence and premises liability.

Defense of premises liability personal injury claim

Charles Patterson, et al. v. Adelta, Inc.

Appeal of summary judgment in premises liability case involving inherently dangerous work.

Defense of personal injury slip and fall in restroom

Arbitration defense of property damage claim

Defense of local store of national pet care franchise against allegations of injury to pet  

Defense of claim alleging improper installation of ramp at an annual outdoor festival, which resulted in physical injury to plaintiff.

Bench Trial of alleged employer garnishment violation pursuant to Ohio law.

Defense of premises liability claim

Arbitration defense of commercial premises liability personal injury claim with large Medicaid lien.

Defense of premises liability claim re one-way turnstile at its entrance without posted warning.

Obtained permanent injunction on behalf of Plaintiffs preventing protests and demonstrations on private property.

Defense of commercial premises liability personal injury claim

Defense of personal injury claim leading to incarceration. (Wal-Mart)

Arbitration defense of commercial service dispute re installation of allegedly defective tires

Defense of retail and hospitality personal injury claim arising from a gym member’s trip and fall over the electrical cable housing positioned in front of a row of treadmills.

Arbitration defense of property damage commercial premises liability claim

Arbitration defense of hospitality liability claim for wrongful eviction and discrimination

Defense of commercial premises liability claim

Defense of retailer in retail & hospitality personal injury claim involving slip and fall.

Defense of personal injury commercial premise liability claim

Defense of personal injury commercial premise liability claim

Defense of personal injury claim arising from an invitee alleging to have tripped and fallen on landscape feature of client’s business property

Defense of negligence claim brought by a Plaintiff who asserted that she tripped and fell while walking into a restaurant.

Arbitration defense of property damage retail premises

Plaintiff alleged to have slipped and fell as a result of a wet floor, alleging significant injuries and surgical repair and rehabilitation 

Defense of a restaurant from a claim of negligence brought by a Plaintiff who asserted she slipped and fell 

Arbitration defense of commercial services property damage liability claim

Defense of retail and hospitality personal injury / invasion of privacy claim arising from a third party contractor alleged to have watched business invitee while she changed clothes in dressing room

Defense of premises liability claim

Defense of admitted liability personal injury claim

Arbitration defense of commercial services liability claim

Defense of commercial premises liability claim

Obtained judgment on the pleadings in favor of a national restaurant chain facing claims of alleged building code violations.

S. Smith-Huff v. Wal-Mart Stores

Plaintiff appealed adverse trial court decision granting retailer summary judgment in retail & hospitality personal injury claim involving trip and fall.

J. Moore v. Dollar General Corp.

Plaintiff appealed adverse trial court judgment in claim for false imprisonment and defamation.

Marc Cheeks et al. v. Wal-Mart Stores, Inc.,

Plaintiff appealed adverse trial court judgment in wrongful arrest claim.

Defense of premises liability claim

Defense of premise liability personal injury claim

Defense of emergency medicine medical malpractice claim

Arbitration defense of property damage commercial premises liability

Defense of commercial premises personal injury claim

Arbitration defense of commercial premises liability property damage claim

Arbitration defense of property damage commercial liability
claim

Prosecution of injunction action against International Union regarding flash mobs.

M. Citron-Colon v. Save-A-Lot

Plaintiff appealed adverse trial court judgment in premises liability retail & hospitality claim

Plaintiff appealed
adverse trial court judgment in commercial premises liability claim

J. Johnson, et al., v. Wal-Mart Stores East, LP

Plaintiff appealed adverse trial court judgment in commercial premises liability personal injury claim

Sue Mercer v. Wal-Mart Stores et al. 

Plaintiff appealed adverse summary judgment ruling in premise liability case. 

Arbitration defense of commercial premises liability claim

Maureen King v. East Worthington Village, et al.

Plaintiff appealed adverse trial court judgment in commercial premises liability claim

Donald Diamond, et al. v. TA Operating LLC dba Petro Shopping Centers, et al.

Plaintiff appealed adverse trial court judgment in slip and fall premises liability claim

Arbitration defense of commercial premises liability personal injury claim

Nadezhda Titenok v. Wal-Mart Stores, Inc.

Plaintiff appealed adverse trial court judgment in commercial premises liability personal injury claim

Marianne Ray, et al. v. Wal-Mart Stores, Inc.

Plaintiff appealed adverse trial court judgment in commercial premises liability personal injury claim.

Defense of improper inspection and service to vehicle

Defense of Dram Shop Act claims

Defense of personal injury commercial premises liability claim

Defense of premises/retail and hospitality claim

Defense of commercial premises liability matter

Defense of commercial premises liability claim

Defense of commercial premises liability claim

Arbitration defense of commercial premises liability

Defense of premise liability claim

Defense of commercial premises liability personal injury claim.

Defense at Small Claims trial involving claims that Wal-Mart sold a defective oil filter

Kathleen McGrath, et al. v. Team Columbus Soccer, LLC

Plaintiff appealed adverse trial court judgment in sports facility commercial premises liability personal injury claim

Sports facility commercial premises liability personal injury claim

Defense of sports facility commercial premises liability personal injury claim

Q. Lacy v. Wal-Mart

Plaintiff appealed adverse trial court judgment in commercial premises liability claim.

K. Bonner v. American Bottling Co.

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

Noel Christian, Admr., et al. v. Wal-Mart Stores East, LP

Plaintiff appealed adverse trial court judgment in wrongful death claim in commercial premises liability.