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Results

Date / Jurisdiction Caption Statement of Case Result Attorney(s)
1/20/2017
Cuyahoga
W. Snyder v. Turner Construction 

Defense of workers’ compensation claim  

Defense Verdict
1/19/2017
U.S. District Court, Northern District of Ohio
Sweeney v. Culpepper & Associates

Defense of wrongful termination case

Motion to Dismiss granted for failure to prosecute
1/18/2017
Cuyahoga
C. Ridenour v. G.M.A. Associates

Defendant dismissed after commencement of trial

Defense Verdict
1/17/2017
Cuyahoga County
Yvonne Jones v. T.G.I. Fridays

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

Summary Judgment Granted
1/4/2017
U.S. Sixth Circuit Court of Appeals
Estate of James Barton vs. Hamilton County, NaphCare, et al.

Federal civil rights, medical malpractice and wrongful death action brought against Hamilton County jail, corrections officers and medical staff related to death of an inmate while in custody

Affirmance of District Court’s Dismissal
12/30/2016
Kentucky Dept of Workers Claims
Peggy Bowman v. Mubea North America

Claimant was seeking income and medical benefits for conditions in her neck, shoulders and low back that resulted in bilateral shoulder surgeries. Claim dismissed on the basis of medical evidence presented by defense indicating Claimant’s condition was not work-related.

Claim Dismissed
12/21/2016
Board of Professional Conduct of the Supreme Court, No. 2015-029
Toledo Bar Assn. v. Crosser

Attorney appealed disciplinary Board of Professional Conduct suspension order for violation of Rules of Professional Conduct

Judgment Affirmed
12/19/2016
Monroe County
Evelyn Messmer v. KDK Financial Services, Inc., Fred Kern, and Dwight Wade

Complaint alleging financial services fraud

Summary Judgment
12/6/2016
United States Court of Appeals for the Sixth Circuit
Novel v. Lane Alton & Horst, Rick Marsh, Ray Pantel

Defense of Racketeering & Corrupt Organizations Act (RICO) and fraud claims against law firm and attorneys

Affirming dismissal of Motion to Dismiss
12/5/2016
United States Disctrict Court for the Southern District of Ohio
Walker v. Village of Addyston

Defense of township against claims for various public employee benefits

Order dismissing claims for public employee benefits
11/18/2016
Montgomery
Estate of Ruby West vs. Crestview Manor 

Defense of nursing home malpractice claim of 63 year old female patient

Defense Verdict
11/18/2016
Cuyahoga
Beard, et al. v. Dr. Tucker & MetroHealth Medical Center 

Defense of medical malpractice following complications with bariatric surgery 

Defense Verdict
11/18/2016
Monroe County
Virginia Rudolph, et al. v. James J. Goodpaster, D.M.D., et al.

Dental malpractice case alleging a dislocated jaw during tooth extractions

Plaintiff Verdict
11/9/2016
Franklin
Dianne Doughty vs. Central Ohio Gaming Ventures, LLC

Workers’ compensation right to participate appeal by Plaintiff

Motion For Summary Judgment Granted
11/7/2016
Cuyahoga - Probate
Dzurinda v. Curtice 

Successful Plaintiffs’ verdict regarding caretaker financial exploitation and undue influence

Plaintiff Verdict Granted in Bench Trial
11/4/2016
Clermont
A. Roberts v. PBR Construction, LLC

Defense of construction liability personal injury matter

Plaintiff Verdict
11/4/2016
Hamilton
T. Chumney v. Jeff Wyler Kings, Inc. d/b/a Jeff Wyler Kings Nissan

Arbitration defense of Consumer Sales Practices Act claim arising out of automobile sale

Finding For Plaintiff
11/2/2016
Jefferson County
E. Johnson vs. L. Painter and Painter Financial, LLC

FINRA arbitration of broker/dealer financial services liability claim

Defense Verdict
10/28/2016
Stark
P. Schweizer v. R. Palutsis, MD

Defense of orthopedic surgery malpractice claim

Defense Verdict
10/28/2016
Hamilton Cty., IN
S. Peacock v. B. Clarke, M.D.

Defense of gastroenterologist medical malpractice claim

Defense Verdict
10/27/2016
8th Appellate Dist
Conte, Jr.  v. Blossom Homes, LLC

Contractor appealed trial court’s denial of enforceability of arbitration agreement in residential construction contract

Reversed and Remanded
10/13/2016
Lorain
E/O L. Born v. Marker, M.D., et al.

Defense of wrongful death medical malpractice claim involving deep vein thrombosis and pulmonary embolus

Plaintiff Verdict
10/13/2016
Franklin
J. Horne, et al., v. D. Jensen, DMD

Defense of dental malpractice

Defense Verdict
10/12/2016
Henry
N. Pelmear v. Walmart

Arbitration defense of commercial services property damage liability claim

Finding For Defense
9/29/2016
7th Appellate Dist
Sunoco Pipeline L.P. v. Teter

Defendant appeals adverse trial court judgment on issue of eminent domain for “liquid energy pipe lock.”

Judgment Affirmed
9/23/2016
U.S. District Court, Southern District of Ohio
Kouekassazo v. IntelliSource, et al.

Defense of race and national origin and retaliation claim

Motion For Summary Judgment
9/20/2016
Marion County, IN
Kristi Johnson v. Planet Fit Indy 10 et. al.

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

Won on Defense Motion to Dismiss
9/16/2016
Allen
Estate of Barry King v. G. Herman, M.D.

Defense of wrongful death medical malpractice case involving deep vein thrombosis and pulmonary embolus

Hung Jury
9/15/2016
Franklin County Municipal Court
Ruth Mickens v. Pep Boys

Defense of negligence claim, allegedly resulting in automotive damage

Defense Verdict Following Bench Trial
9/6/2016
Cuyahoga
Lynn Cordova v. Dr. Thomas Mucci

Defense of medical negligence claim again emergency medicine physician allegedly resulting in catastrophic bowel injury

Defense Verdict
9/2/2016
Sandusky
E/O Robert Turner v. Wal-Mart Stores East, Inc.

Defense of premises liability claim

Motion For Summary Judgment
8/30/2016
Franklin
R. Thompson, etc. v. W. Knobeloch, et al.

Defense of catastrophic pharmaceutical reaction in 6 year-old 

Defense Verdict
8/25/2016
United States Court of Appeals for the Sixth Circuit
Ruiz-Bueno (Est. of Edward Peterson) v. Dr. John Tilley 

Allegations of deliberate indifference to medical needs against psychologist

Affirmed motion to dismiss on statute of limitations grounds
8/24/2016
U.S. District Court for the Southern District of Indiana
Estate of Stone v. People’s Insurance Agency LLC

Defense of alleged failure to procure insurance coverage for a farm

Summary Judgment
8/23/2016
2nd Appellate Dist
Walling v. Wagner

Defense of legal malpractice claim

Judgment Affirmed
8/19/2016
U.S. District Court, Northern District of Ohio
Bagi, et. al. v. City of Parma

Defense of First Amendment Freedom of Speech Claims

Motion For Summary Judgment Granted
8/19/2016
Pickaway
Estate of James Phillip Brown v. Campbell-Wall After Hours, LLC et al.

Defense of wrongful death nurse practitioner claim

Defense Verdict
8/18/2016
Henderson, KY
Vidal v. Viox

Defense of commercial premises liability claim

Defense Verdict
8/17/2016
USDC 6th Cir. Appeal
Jonah Holbrook v. Stephanie Dumas (Village of Lincoln Heights)

Plaintiff appealed adverse trial court judgment in First Amended retaliatory discharge claim

Judgment Affirmed
8/12/2016
Erie
Deborah Boothe v. Michael Felter, M.D. and Sandusky Orthopedics

Defense of orthopedic total knee replacement malpractice claim

Defense Verdict
8/2/2016
Jefferson County, KY
Hardin v. Highwood Condominium

Defense of racial discrimination and retaliation complaint against condominium association

Defense Verdict
8/1/2016
4th Appellate Dist
Bender v. Logan

Appeal of trial court grant of motion for summary judgment in business dispute action

Judgment Affirmed
7/14/2016
EEOC
Burke v. Stella Maris Rehabilitation Center

Defense of claims of race and gender discrimination, as well as a retaliation claim for engaging in unspecified protected activity

No violation of statute
6/30/2016
2nd Appellate District, Montgomery County
Berridge v. McNamee, et al.

Appellate court upheld summary judgment victory on behalf of law firm in underlying case alleging loss of life insurance proceeds

Summary Judgment Affirmed
6/29/2016
Ohio Supreme Court
Edward Formica, et al. v. Jeffrey A. Dehner, et al.

Plaintiff appealed adverse Court of Appeals decision in legal malpractice claim

Denied Jurisdiction
6/27/2016
5th Appellate Dist
Kinder Morgan Cochin, LLC v. Robert Simonson, Trustee

Defendant appealed adverse trial court judgment regarding eminent domain law for purposes of building pipeline.

Judgment Affirmed
6/23/2016
Mahoning
Michael H. Lewis v. JP Morgan Chase Bank, et al.

Defense of legal malpractice action 

Motion to Dismiss based upon immunity granted
6/16/2016
Cuyahoga
State Farm v.  National Indemnity

Defense of property damage premises liability claim

Finding For Defendant
6/9/2016
Hamilton
L. Smith v. A. Rosenacker

Defense of admitted liability in personal injury claims

Plaintiff Verdict
6/3/2016
Mahoning
H. Cowin, et al. v. Wal-Mart Stores East, LP, et al.        

Defense of admitted liability personal injury claim

Plaintiff Verdict
6/1/2016
U.S. District Court for the Southern District of Indiana
Steven McFerrin v. Howmet Castings and Services Inc., and Alcoa, Inc. d/b/a Alcoa Howmet

Defense of job related injury and duty of company denial of workers’ compensation

Motion For Summary Judgment Granted
5/27/2016
NLRB
Lopez v. Executive Caterers at Landerhaven

Defense of Concerted Action Charge

Charge Withdrawn with Board Approval
5/23/2016
U.S. District Court, W.D. of KY, Bowling Green Division
Amy Labron v. Safeguard Properties Management, et al

Dismissal of FDCPA claim asserted against property preservation company

Motion to Dismiss Granted
5/13/2016
EEOC
Casini v. Caldera  

Defense of sexual harassment, hostile work environment and retalitation claims

Dismissal and Notice of Rights
5/12/2016
8th Appellate Dist. No. 103758
Estate of J. Kinaz v. Diplomat Healthcare, et al.

Plaintiff appealed adverse trial court judgment in wrongful death medical malpractice case based on lack of expert testimony

Judgment Affirmed
5/6/2016
Indiana Court of Appeals
DeHeer v Ray's Trash Service Inc

Plaintiff appealed summary judgment in favor of defendant on claims of negligence and products liability. Summary Judgment affirmed.

Judgment Affirmed
5/4/2016
Hamilton Cty., IN
Ragsdale v. City of Fisher

Defense of intentional infliction of emotion distress

Motion to Dismiss Amended Complaint and Motion for Attorney’s Fees Granted
4/26/2016
Kentucky Dept of Workers Claims
Clarinda Rambacher v. University of Kentucky

Claimant was seeking permanent income and medical benefits for an alleged cervical spine and upper extremity injury. Claim for permanency was dismissed, with claimant awarded only temporary total disability and medical benefits as previously voluntarily paid.

Claim Dismissed
4/22/2016
Marion County, IN
Courtney Wycoff v. White Construction

Defense of employer negligence claim

Summary Judgment
4/18/2016
Wood
Wisniewski v. Trainco, Inc. 

Motion for summary judgment was granted in favor of client in defense of whistleblower case.

Motion For Summary Judgment Granted
4/14/2016
Allen
S. Jesse, et al. v. C. Fleming, M.D.

Defense of catastrophic dental malpractice case resulting in trigeminal neuralgia

Defense Verdict
4/11/2016
Hancock
Truck Pro Equipment Sales, Inc. v. Insurance Professionals of New Palestine, Inc.

Negligent failure to procure worker’s compensation insurance. 

Summary Judgment in favor of Defendant
4/11/2016
Cuyahoga
Jane Doe v. St. Vincent Charity Medical Center, et al.

Defense of involuntary imprisonment claim against hospital and psychiatrist

Motion For Summary Judgment
4/6/2016
Cuyahoga
Ward v. Genuine Parts Company

Defense of mesothelioma asbestos wrongful death claim

Favorable Outcome
4/5/2016
Bullitt County, KY
John Hoskins v. Zappos Fulfillment Center, et al.

Defense of third party claim against employer for negligence

4/5/2016
Miami
Benjamin Hiser v. Wal-Mart Tire & Lube Express

Arbitration defense of commercial services liability claim

Finding For Defendant
3/30/2016
U.S. District Court, Northern Ohio
Anne E. Ferguson v. Beard Pension Services, Inc., Mark Smallwood, Scott C.  Otermat dba as Scott C. Otermat & Assocs. And Robert Ferguson

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

Motion For Summary Judgment Granted
3/25/2016
1st Dist. Ct. of App.
Steven Rusher, et al. v. SpringCastle America, LLC, et al

Plaintiffs appealed trial court’s dismissal of claims brought under the Fair Debt Collection Practices Act and Ohio’s Consumer Sales Practices Act against owners of debt.

Summary Judgment Affirmed
3/22/2016
U.S. District Court, Southern District of Ohio
Novel v. Lane Alton & Horst, Rick Marsh, Ray Pantle

Defense of Racketeering Influence Corrupt Practices (RICO) claims

Motion to Dismiss Granted
3/18/2016
Cuyahoga
James L. Lucsik, et al. v. Martin Kosdrosky, M.D., et al.

Defense of urologic medical malpractice claim

Defense Verdict
3/18/2016
Preble
Whitson, et al. v. One Stop Rental Tool and Party

Defense of personal injury claim due to bounce house rental

Motion For Summary Judgment Granted
3/10/2016
American Arbitration Assn.
Sabatino v. Dominion Homes

Arbitration defense of construction liability defect and warranty claim

Favorable Outcome
3/10/2016
Indiana Court of Appeals
M. Ritchie, et al. v. Community Howard Regional Health

Plaintiff appealed adverse trial court judgment denying injunctive relief in breach of contract, defamation case

Judgment Affirmed
3/8/2016
Columbiana
McElroy, et al. v. Lindsay & Associates, Inc.

Defense of insurance agent E&O claim

Motion to Dismiss Granted
3/6/2016
6th Appellate Dist
Darrick E. Smith v. Vedo R. Candiello

Plaintiff appealed adverse trial court judgment in legal malpractice case based on statute of limitations

Judgment Affirmed
3/3/2016
8th Appellate Dist
K.S., a Minor, et al., v. Pla-Mor Roller Rink

Appeal of trial court grant of motion for summary judgment in personal injury action

Judgment Affirmed
3/3/2016
USDC, KY
Parrish vs. Dollar General

Defense of commercial premises liability claim

Defense Verdict
2/29/2016
10th Appellate Dist
Greg Youtsey v. Amanda Bent Bolt Co.

Prosecution of VSSR claim

Favorable Outcome
2/23/2016
Marysville Municipal Court
Dowling v. Heartland of Marysville

Defense Verdict following Bench Trial

Defense Verdict
2/17/2016
Marion County, IN
Edward Bradley v. Lafayette Limo, Inc

Defense of common carrier transport

Motion To Dismiss
2/16/2016
Mahoning
M. Bratten v. Aspen Dental

Defense of dental malpractice claim

Motion to Dismiss Granted
2/16/2016
Hamilton
S. Sendelbeck v. KZF Design, Inc., et al.

Prosecution and defense of commercial business dispute

Defense verdict on Plaintiff’s claim and defense verdict on counterclaim
2/12/2016
Marion County, IN
Harrison v. Crab Addison, Inc. d/b/a Joe’s Crab Shack

Defense of premises liability claim

Judgment on the Pleadings
2/11/2016
Mahoning
K. Merlin v. Barrett Ankle and Foot Care Center

Defense of podiatric surgical malpractice claim

Defense Verdict
2/8/2016
Cuyahoga
Myocare Nursing Home, Inc. v. William Hohmann, et al.

Defense of legal malpractice claim

Motion For Summary Judgment Granted
2/4/2016
Franklin
Ohio Real Estate Commission v. S. Wallace

Defense of real estate broker commission license suspension claim

Probation
2/3/2016
Allen
T. DeHaven, et al v. F. Fotouhi, M.D., et al.

Defense of catastrophic cardiothoracic surgical negligence case

Defense Verdict
1/29/2016
Cuyahoga
Alkire v. Alsfelder

Motion for summary judgment was granted in favor of client in defense of legal professional liability claim.

Motion For Summary Judgment Granted
1/28/2016
Juvenile Ct., Cuyahoga
Johnson v. Hill

Prosecution of motion to terminate or reduce support due to disability

Motion granted
1/26/2016
Stark
E/O Reed v. M. Aljaberi, M.D., et al.

Defense of medical malpractice, wrongful death claim

Defense Verdict
1/20/2016
5th Appellate Dist
Timothy Melton v. Donna Guy and Ed’s Sleds

Plaintiff appealed favorable jury award but denial of permanent damages

Judgment Affirmed
1/11/2016
12th Appellate Dist
Edward Formica, et al. v. Jeffrey A. Dehner, et al.

Plaintiff appealed adverse trial court judgment in legal malpractice claim

Judgment Affirmed
1/6/2016
State of Indiana
Indiana Attorney General v. Anonymous Orthopedic Practice

Defense of Orthopedic Practice by medical board investigation for failure to provide emergency orthopedic care

Complaint dismissed
1/5/2016
Erie
Koler, et al. v. Grand Harbour Condominium Owners’ Association

Defense of condominium association in lawsuit by homeowners disputing assessments and authority for multi-million dollar repair project.

Finding For Defendant
12/30/2015
U.S. District Court for the Southern District of Indiana
Vaughn v. Radio One of Indiana, L.P.Court granted summary judgment in our favor on all claims
12/30/2015
U.S. District Court for the Southern District of Indiana
Vaughn v. Radio One of Indiana, L.P.Motion For Summary Judgment
12/30/2015
United States District Court, Southern District of Ohio Western Division
Robert Coldiron v. Clossman Catering, LLC

Plaintiff alleged unlawful termination on the basis of age, alleged disability and request for FMLA leave

Summary Judgment
12/23/2015
Marion County, IN
Charity Marie Golden vs. S. Khan, M.D., et al.

Defense of alleged negligent psychiatric care case

Complaint dismissed
12/23/2015
Lake
State Farm Casualty Company v. Miflex 2 S.R.L., et al.

Defense of product liability claim

Motion to Dismiss Granted
12/21/2015
Hamilton
Julie Ragsdale v. City of Fishers

Defense of intentional infliction of emotion distress claim

Motion to Dismiss Granted