Clifford C. Masch

Participated in an Arbitration ordered by the Cuyahoga County court. The Plaintiff sought damages for alleged faulty installation of flooring under claims of breach of contract and the Ohio Consumer Sales Practices Act (OCSPA) for over $100,000. The arbitration panel awarded $10,000 which no finding of a violation of the OCSPA. 

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.

P. Portee v. Cleveland Clinic Foundation

Defendants appealed adverse Court of Appeal decision reversing summary judgment based on statute of limitations.

Lynn Cordova, et al. v. Emergency Professional Services Inc., et al.

Defense verdict to emergency physician involving allegations of failure to diagnose and treat diverticulitis. The court of appeals upheld the jury verdict and trial court's refusal to excuse a physician for cause as a prospective juror, and indicated that that decision as it relates to excusing jurors for cause due to impartiality is reviewed under an abuse of discretion standard.

E. Hubiak, et al. v. Ohio Family Practice Center Inc., et al

Plaintiff appealed adverse trial court judgment in medical malpractice claim

Philadelphia Indemnity Insurance Company v. Youth Alive, Inc.

Defendant appealed adverse trial court judgment of denial of insurance coverage

M. Phillips, et al. v. A. Phillips Deskin, et al.

Client- Plaintiff appealed adverse trial court judgment dismissing claim for fraud, constructive trust and intentional interference of expectancy in inheritance

Houdek v. ThyssenKrupp

On behalf of employer, obtained Ohio Supreme Court reversal of Court of Appeal decision. Ohio Supreme Court reinstated favorable trial court summary judgment ruling on test of deliberate intent relative to employer intentional tort. 

Allison L. Farmer, et al. v. Renee S. Berry, et al.

Defendant-Appellant appealed trial courts granting of summary judgment in legal professional liability case

Whiteacre v. Crowe

Plaintiff appealed adverse trial court judgment in probate will contest action.

Murray Mining Coal Companies v. Rockies Express Pipeline

Plaintiff appealed adverse trial court judgment in claims for conversion of coal rights and injunctive relief against construction of utility pipeline.

Anthony v. Andrews

Reversing sanctions issued against Defendant physician for failure to proceed in good faith at mediation conference since privileged communications should not have been disclosed in mediator's report.

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.

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.

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.

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

Estate of Holman v. Kates

Reversing jury verdict rendered in favor of Defendant doctor in medical malpractice suit because trial court erred in prohibiting Plaintiff's testimonial statements

State Auto Ins. Co. v. Pasquale

Reversing appellate court's denial of insurance company's motion for summary judgment since contractual exclusion of vehicles designed for use mainly off public roads from uninsured and underinsured coverage was valid.

Kowalski v. Marymount Hospital

Reversing jury verdict rendered in favor of Defendants doctors in medical malpractice suit due to a jury instruction given at trial which probably misled the jury in a matter substantially affecting the complaining party's substantial rights.

Insurance carrier client appeals from an adverse ruling at the trial court finding coverage in a governmental liability complaint alleging ostensible intentional conduct by insured’s agents

Sharonville v. American Employers Ins. Co.

Plaintiff appeals adverse trial court ruling on declaratory judgment seeking coverage under governmental liability insurance policy.

City of Sharonville v. United National Ins. Co.

Plaintiff City appeals adverse trial court judgment denying coverage for murder “cover up” conspiracy claim.

Henderson v. Luhri

Appeal of trial court’s judgment entry denying Defendant/Appellant’s Motion to Intervene.