Robert W. Hojnoski

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.

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.

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

Medical negligence and constitutional deliberate indifference claims were asserted in connection with the death of an inmate at a county jail.  It was alleged that the inmate developed endocarditis as a result of IV drug use prior to booking and that it was not timely recognized or treated.  After significant discovery, summary judgment was rendered as to all federal claims by the U.S. District Court on behalf of the named medical providers and correctional staff.  An appeal was taken to the U.S. Court of Appeals for the Sixth Circuit, which affirmed. 

Defense of federal civil rights action arising from jail suicide.

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

Defense of wrongful death dram shop liability claim against bar/restaurant arising from fatal head-on automobile accident

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

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

Arbitration defense of commercial services dispute

Defense of legal malpractice liability claims

Steven Gregory vs. Towne Properties & Park Lane Apartments

Plaintiff appealed adverse trial court judgment in premises multiple family apartment complex.

Hustler Cincinnati. Inc. v. Elm 411, LLC

Defendant appeals adverse trial court judgment awarding Plaintiff attorney fees.

Prosecution of injunction action against International Union regarding flash mobs.

V.R., a minor, et al. v. Cincinnati Hamilton County Community Action Agency

Plaintiff appealed adverse trial court judgment in multiple housing landlord tenant personal injury claim

Premises liability claim arising from an injury sustained by a paper delivery man as a result of a stairwell that broke at a residential apartment complex.

Defense of a non-profit agency in general tort personal injury claim

Defense of multiple commercial claim eviction action

Choices in Community Living, et al. v. Michael Petkus, Jr., et al.

Plaintiff appealed adverse trial court judgment in favor of real estate agent in claim of fair housing act disability discrimination case

Defense of physical fitness products liability personal injury claim.

Leonard Brown v. Philadelphia Indemnity Insurance Co.

Plaintiff appealed adverse trial court judgment on single vehicle uninsured motorist claim alleging “corroborative evidence.”

William Caruso v. National City Mortgage Company, et al,

Plaintiff appealed adverse trial court judgment against real estate appraisal on alleged negligent misrepresentation

Defense of architect & engineer malpractice case

Defense of public entity liability personal injury claim based on alleged food poisoning (Phily Ins.)

Arbitration defense of real estate property transfer dispute.

(CAU Insurance Co.)

Defense of commercial premises liability personal injury claim.

The Court of Common pleas held that: i) law of the case doctrine did not apply to preclude entry of summary judgment for employer's insurer

Defense of intellectual property trademark and copyright infringement injunctive and damage case.