Michael J. Caligaris

Summary Judgment in favor of big box retailer in trip and fall case. 

Successfully obtained summary judgment for our architect client who faced significant design defect allegations and potential exposure exceeding $2.5 million.

Represented client in a Ohio CSWMFT Board investigation of their license over four separate ethical complaints filed by former counseling clients as well as one former employee-counselor. The investigation was closed without any findings against our client and a full resolution of all complaints. 

Motion to Dismiss granted and all claims against our big box store client were dismissed with prejudice.

This case arose from a water leak at a Cincinnati commercial property following a 2020 HVAC system renovation, resulting in extensive flooding and a $2 million negligent design claim against a subcontractor who implemented—but did not design—the system.The trial court granted summary judgment in favor of the subcontractor, finding that waiver of subrogation clauses in project contracts barred the insurance claims, a decision upheld on appeal, with the insurance company's arguments regarding policy terms and standing ultimately rejected.

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.

Motion for Relief granted in favor of big box retailer.

Following termination, a former employee sued our office equipment supplier client for defamation per se, tortious interference, and breach of contract based on alleged statements made by agents/employees to third-party customers in the office sales market, which pertained to the former employee's business conduct and practices. In addition, the former employee's new employer brought its own tortious interference with a business relationship claim, alleging the defamatory remarks made about the former employer also hurt its business. Obtained defense verdict on all claims after 7 day jury trial.

Motion to dismiss obtained in favor of a professional engineer surveying company in a multi-party real estate dispute. 

Plaintiff sued our client, a condominium association, along with individual members of the Board, for violations of statutory breach (Ohio’s Condominium Statute), breach of contract, breach of fiduciary duty, and negligence. The claims for statutory breach and negligence were dismissed on summary judgment, and the issues alleged under the breach of contract claim were narrowed. Plaintiff also voluntarily dismissed the claim for negligent infliction prior to trial. After both parties waived the jury trial, the judge issued a thorough decision siding with Defendants on all claims. 

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.

Summary Judgment granted in favor of mechanical and electrical construction, industrial and energy infrastructure, and building services company regarding property damages arising out of a water leak event in a commercial building.

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 a real estate title company in an action for malpractice and professional negligence arising out of an allegedly improper real estate transfer. Plaintiff asserted damages in the six figures for a purported loss in property value arising from the alleged errant transfer. Upon receiving the Complaint, we timely prepared a Motion to Dismiss, arguing Plaintiffs failed to state a claim for malpractice and professional negligence against our client. More specifically, based upon the contract documents attached to Plaintiffs’ Complaint, it was clear from the face of the Complaint that our client was not in privity with the Plaintiffs and owed no duty. Further, under Ohio law, a title company cannot be held liable for legal malpractice. Upon oral argument, the Court ruled from the bench and granted Lawyers Title’s Motion to Dismiss without further delay. 

Motion to Dismiss granted in medical malpractice and negligence case asserted against correctional medical provider for the wrongful death of inmate. This matter was already litigated and decided in client’s favor in the federal court, but was re-filed by the Plaintiff in state court. We moved to dismiss based upon statute of limitations and other affirmative defenses.

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

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

Summary judgment granted in favor of our agricultural supply company client in a case involving alleged catastrophic damage to a vineyard and winery. Plaintiffs alleged that our client improperly sprayed an herbicide on an adjacent soybean field, and that the chemical improperly drifted onto their vineyard.

Dismissal affirmed in favor of our attorney client in regards to alleged civil conspiracy, malicious prosecution, and intentional infliction of emotional distress, fraud, abuse-of-process, false imprisonment, and other negligence-based claims, arising out of our clients’ representation of a spouse in a contested custody dispute with the Appellant-father.

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

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

Successfully intervened on behalf of heir into administration of estate opened on false grounds that decedent died intestate in Ohio when in fact she died in Mississippi and with a Last Will and Testament. 

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

Successfully defended Auto-Care Center against negligence claim.