Overview
Each of Reminger’s offices has a strong core of lawyers with expertise in retail and hospitality liability claims. We vigorously defend against all types of claims including the traditional adulterated food, ‘slip/trip and fall’, and ‘falling object’ cases, as well as the high exposure false arrest, pharmaceutical negligence, negligent security, and dram shop liability matters. In addition, we counsel these same clients about risk management, safety concerns and post-accident investigation.
Our attorneys work with self-insured retailers, general liability insurance carriers, and units of liability insurance carriers dedicated to specific insureds. We, at no charge, participate in safety and risk control seminars for the clients, and are available, again without charge, for periodic 'I have a question' calls from clients. Our goal is not just to be the premier defense counsel on these types of claims, but also to work with clients to minimize these claims.
Our Retail, Hospitality and Entertainment Facilities group interacts with other practice areas that clients with premises liability exposure also have: employment and workers compensation claims. Several members of this group are members of other relevant groups because of the cross training important to our retail clients.
Our Service and Philosophy of Case Handling
- Dedicated client service. Our Practice Protocol™ requires our attorneys to acknowledge receipt of an assignment by phone, e-mail or fax, depending upon the client's wishes, within 30 minutes of receipt of the assignment. After contact with the client/insured and opposing counsel, we provide an initial analytical report, game plan and projected budget within 7 days of receipt or completed investigation.
- Philosophy of Practice. Reminger attorneys are trial lawyers, rather than 'litigators'. Once we determine the basic facts, we collaborate with the client consensus on a case handling strategy for the case. We become proactive in resolving the matter in the least amount of time, with the least amount of expense, and at the most favorable result to the client possible. Our philosophy is that the 'only good file is a closed file, and closed on our terms'.
- We are a good value. Our firm is a pioneer in 'alternative fee' arrangements with clients. If a client chooses to be charged by the hour, our rate is simple and straightforward. We use a singular, blended, net hourly rate, applicable to all handling attorneys. Our net rate is inclusive of all in-house, out-of-pocket expenses. Thus, there are no extra charges for such things as long distance telephone, mailings, mileage, computer usage research charges, fax, copies, etc. We are ready, willing and able to discuss alternative fee arrangements, such as flat fee per case, phase billing or reverse contingencies were we share in the ultimate savings on a particular case from an agreed upon 'value' if a matter can be resolved for less than that amount. You will find no firm more innovative in fee structuring than Reminger.
- Value-added components. Our Retail and Hospitality Liability Group members are available for complimentary consultation with both insureds and claim representatives for input and counsel in areas of loss prevention, case evaluation, substantive law, expert retention, and claim management. Our attorneys also make themselves available on a complimentary basis to assist agents and carriers in marketing presentations to professional groups and associations. Our aim is to be your counselors, not just your defense counsel. Our in-house videoconferencing facilities and total firm electronic integration allows us to conduct interviews, discovery, and presentations with economic efficiency and unlimited reach.
Representative Clients
Representative Clients: Wal-Mart, Dollar General, Darden Restaurants, Menard, Inc., Macy’s Corporate Services, SuperValu Inc., Cinemark.
Insurance Carriers/TPAs: Zurich-America Insurance Group, Gallagher Bassett Services, Inc.
Testimonials
“Reminger lawyers do a wonderful job in completing the Initial Attorney Evaluation Report. They are succinct and get right to the point of the issues of liability and damages without the encumbrance of unnecessary information.“ - Brian, Senior Associate Counsel
“This case represented the first opportunity I have had to use Reminger and the Louisville office. Reminger did a wonderful job by expeditiously, resolving a 3rdparty liability claim. I can’t wait to use Reminger again.” -Mike, Risk Management
"All of the Reminger attorneys who serve on our retail risks are doing very well. We couldn’t ask for anything better."
-Timothy, Divisional Vice President
"Our third party hospitality liability claims could not be handled better than what the Reminger lawyers accomplish. Whenever I have a question, it is quickly answered and I never have to chase them for information.”
-Mi Mi, Senior Claim Adjuster
"We value our relationship with Reminger, who can always be counted on to immediately spring to a claim assignment that presents an emergency, with the problem being solved quickly and efficiently.”
-Michelle, Sr. Litigation and Claim Administrator
"We use Reminger’s Kentucky lawyer members of the firm’s Retail & Hospitality Group. They do a great job."
-Nancy, Claims Director
“Reminger’s performance on our restaurant franchise program has been excellent in service, result and value.”
-Mike, GL Litigation Adjuster
Results
- Apr 28, 2022, Judgment for DefendantFremont Municipal Court
Defense of big box retailer in Consumer Sales Practices Act claim.
- Mar 25, 2022, Motion for Summary Judgment Affirmed7th District Court of Appeals
Defense of claim alleging negligence on premises of big box retailer.
- Mar 14, 2022, Affirmation of trial court decision3rd Appellate Dist.
Affirming trial court’s dismissal of slip and fall lawsuit.
- Mar 10, 2022, DismissalHamilton County Common Pleas Court
Successfully defended large retailer against claim of traumatic brain injury on premises.
- Feb 9, 2022, Unanimous Defense VerdictFederal District Court, Western District of Kentucky
Successfully defended trampoline park against claim of injury on premises.
- Feb 7, 2022, Defense VerdictButler County
Successfully defended Auto-Care Center against negligence claim.
- Sep 9, 2021, Summary Judgment GrantedU.S. District Court for the Northern District of Ohio, Western Division
Defense of claim alleging negligence resulting in knee injury on premises of big box retailer.
- Barrio v. Revolucion, LLC (dba Condado Tacos)Jul 9, 2021, Summary Judgment GrantedU.S. District Court of Ohio, Northern District, Eastern Division
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.
- May 18, 2021, Defense VerdictGrant County, Indiana
Defense of retailer in trip and fall case at distribution center.
- May 6, 2021, Defense VerdictKosciusko County, Indiana
Defense of retailer in slip and fall case at local store.
- May 6, 2021, Defense VerdictKosciusko County Superior Court
Defense of retailer in trip and fall case.
- May 5, 2021, Defense VerdictKettering
Defended retailer in property damage claim.
- May 3, 2021, Motion For Summary Judgment GrantedMahoning County Court of Common Pleas
Defense of claim alleging negligence on premises of big box retailer.
- Nov 24, 2020, Motion for Summary Judgment GrantedMarion County, IN
Defense negligence claim brought by a Plaintiff who asserted she slipped and fell on a hazardous liquid substance at client’s convenience store.
- Nov 5, 2020, Defense VerdictHamilton County Superior Court
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.
- Oct 29, 2020, Summary Judgment GrantedMarion County, IN
Summary judgment granted for our client, a Hotel, in a negligence action where Plaintiff alleged that he slipped and fell in the lobby.
- Oct 2020, Summary Judgment GrantedU.S. District Court for the Southern District of Indiana
Plaintiff alleged that he sustained injury after he slipped and fell in a bathtub.
- Oct 1, 2020, Motion to Dismiss GrantedCass County Superior Court
Defense of premises liability personal injury claim.
- Sep 3, 2020, DismissalMansfield Municipal Court
Plaintiff’s premises liability claim dismissed against retailer for damages incurred as a result of striking pothole in parking lot.
- Cooper’s Hawk Indianapolis, LLC d/b/a Cooper’s Hawk Winery and Restaurant (Appellant-Defendant) v. Katherine Ray (Appellee – Plaintiff) CT. of Appeals No. 20A-CT-127Jun 29, 2020, Reversal of Summary Judgment DenialCourt of Appeals of Indiana
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.
- Mar 25, 2020, Plaintiff VerdictU.S. District Court for the Southern District of Indiana
Prosecution of premises liability claim against the U.S. government, resulting in nearly $900,000 award for damages.
- Feb 20, 2020, Motion For Summary Judgment GrantedWarren
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.
- Feb 6, 2020, DismissalJefferson County
Defense of slip and fall case against restaurant in small claims court alleging negligence in snow and ice removal.
- Till v. DefendantFeb 2, 2020, Affirmed on Appeal after Oral ArgumentIndiana Southern District/Seventh Circuit Court of Appeals
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.
- Jan 24, 2020, Directed VerdictAllen, Small claims
Arbitration defense of hospitality discrimination claim
- Dec 6, 2019, DismissalPortage County Municipal Court
Represented Defendant in a case in which Plaintiff alleged that he was falsely accused of menacing and lewd behavior.
- Aug 14, 2019, Motion for Summary Judgment granted for indemnity and attorney’s feesScioto
Prosecution of claims for indemnification and attorney fees
- Aug 14, 2019, Motion for Summary Judgment granted for indemnity and attorney’s feesScioto
Defense of commercial premises liability claim and prosecution of claims for contractual indemnification and attorney’s fees
- Aug 8, 2019, Dismissal grantedLawrence
Defense negligence claim brought by a Plaintiff who asserted that he received foodborne illness while dining at client’s establishment.
- Aug 6, 2019, Motion For Summary JudgmentButler County
Obtained Decision and Entry granting summary judgment on a premises liability case with significant injuries.
- Aug 2, 2019, Directed verdict affirmed on appealLucas
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.
- Jul 26, 2019, Motion For Summary JudgmentSandusky
Defense of premises liability claim.
- Jul 16, 2019, Summary Judgment GrantedIndiana Southern District
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.
- Jul 15, 2019, DismissalDaviess County, Indiana
Dismissal of premises liability claim
- Jun 3, 2019, Summary JudgmentDelaware
Defense of premises liability case alleging significant injury
- May 30, 2019, Summary Judgment GrantedHamilton County Superior Court
Plaintiff alleged negligence against the operator of an exercise facility.
- Apr 29, 2019, Summary Judgment Affirmed on AppealWood
Plaintiff/Appellant claimed she slipped and fell on spilled sour cream in the cooler section at Dollar General and incurred injury.
- Feb 11, 2019, Summary JudgmentHamilton
Obtained summary judgment on behalf of a trampoline park facing claims of negligence and premises liability.
- Oct 1, 2018, Motion For Summary Judgment GrantedWood
Defense of premises liability personal injury claim
- Sep 26, 2018, Summary Judgment Affirmed1st Appellate District (Hamilton County)
Charles Patterson, et al. v. Adelta, Inc.
Appeal of summary judgment in premises liability case involving inherently dangerous work.
- Sep 24, 2018, Motion For Summary Judgment GrantedErie
Defense of personal injury slip and fall in restroom
- Sep 13, 2018, Finding For DefendantHamilton
Arbitration defense of property damage claim
- Jul 25, 2018, Defense VerdictAllen County, Indiana
Defense of local store of national pet care franchise against allegations of injury to pet
- Apr 19, 2018, Motion For Summary Judgment GrantedHamilton
Defense of claim alleging improper installation of ramp at an annual outdoor festival, which resulted in physical injury to plaintiff.
- Jan 12, 2018, Finding For DefendantCoshocton
Bench Trial of alleged employer garnishment violation pursuant to Ohio law.
- Nov 16, 2017, Defense VerdictMarion County, IN
Defense of premises liability claim
- Oct 19, 2017, Finding For DefendantU.S. District Court, Northern District of Ohio
Arbitration defense of commercial premises liability personal injury claim with large Medicaid lien.
- Oct 18, 2017, Motion For Summary Judgment GrantedCuyahoga
Defense of premises liability claim re one-way turnstile at its entrance without posted warning.
- Sep 29, 2017, Motion for Summary Judgment and Permanent InjunctionHamilton
- Jul 19, 2017, Motion For Summary Judgment GrantedJefferson County
Defense of commercial premises liability personal injury claim
- Jul 8, 2017, Motion for Judgment on Pleadings grantedTrumbull
Defense of personal injury claim leading to incarceration. (Wal-Mart)
- Jul 6, 2017, Finding For DefendantCambridge
Arbitration defense of commercial service dispute re installation of allegedly defective tires
- Jun 16, 2017, Summary JudgmentDelaware County, IN
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.
- May 24, 2017, Finding For DefendantClermont
Arbitration defense of property damage commercial premises liability claim
- May 12, 2017, Finding For Defendant54 District Court (MI)
Arbitration defense of hospitality liability claim for wrongful eviction and discrimination
- May 8, 2017, Defense VerdictWashington
Defense of commercial premises liability claim
- Apr 28, 2017, Motion For Summary Judgment GrantedU.S. District Court, Southern District of Ohio, Eastern Division
Defense of retailer in retail & hospitality personal injury claim involving slip and fall.
- Apr 14, 2017, Defense VerdictClark, IN
Defense of personal injury commercial premise liability claim
- Apr 12, 2017, Defense VerdictScioto
Defense of personal injury commercial premise liability claim
- Mar 20, 2017, Summary JudgmentAllen County, Indiana
Defense of personal injury claim arising from an invitee alleging to have tripped and fallen on landscape feature of client’s business property
- Feb 28, 2017, Summary Judgment GrantedTippecanoe Superior Court
Defense of negligence claim brought by a Plaintiff who asserted that she tripped and fell while walking into a restaurant.
- Feb 17, 2017, Defense VerdictHamilton County, IN Small Claims
Arbitration defense of property damage retail premises
- Jan 25, 2017, Summary JudgmentButler County
Plaintiff alleged to have slipped and fell as a result of a wet floor, alleging significant injuries and surgical repair and rehabilitation
- Jan 17, 2017, Summary Judgment GrantedCuyahoga County
Defense of a restaurant from a claim of negligence brought by a Plaintiff who asserted she slipped and fell
- Oct 12, 2016, Finding For DefenseHenry
Arbitration defense of commercial services property damage liability claim
- Sep 20, 2016, Won on Defense Motion to DismissMarion County, IN
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
- Sep 2, 2016, Motion For Summary JudgmentSandusky
Defense of premises liability claim
- Jun 3, 2016, Plaintiff VerdictMahoning
Defense of admitted liability personal injury claim
- Apr 5, 2016, Finding For DefendantMiami
Arbitration defense of commercial services liability claim
- Mar 3, 2016, Defense VerdictUSDC, KY
Defense of commercial premises liability claim
- Feb 12, 2016, Judgment on the PleadingsMarion County, IN
Obtained judgment on the pleadings in favor of a national restaurant chain facing claims of alleged building code violations.
- Dec 15, 2015, Judgment Affirmed10th Appellate Dist
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.
- Nov 9, 2015, Judgment Affirmed3rd Appellate Dist.
J. Moore v. Dollar General Corp.
Plaintiff appealed adverse trial court judgment in claim for false imprisonment and defamation.
- Sep 10, 2015, Judgment Affirmed7th Appellate Dist
Marc Cheeks et al. v. Wal-Mart Stores, Inc.,
Plaintiff appealed adverse trial court judgment in wrongful arrest claim.
- Jun 29, 2015, Motion For Summary Judgment GrantedJefferson County, KY
Defense of premises liability claim
- May 31, 2015, Motion For Summary JudgmentCuyahoga
Defense of premise liability personal injury claim
- R. Rush, et al. v. Samaritan Emergency Physicians LLP, et al.May 20, 2015, Directed VerdictAshland
Defense of emergency medicine medical malpractice claim
- Apr 3, 2015, Defense VerdictKettering
Arbitration defense of property damage commercial premises liability
- Jan 15, 2015, Motion for Judgment on the Pleadings grantedMahoning
Defense of commercial premises personal injury claim
- Jan 13, 2015, Finding For DefendantBrown
Arbitration defense of commercial premises liability property damage claim
- Jan 13, 2015, Finding For PlaintiffGirard
Arbitration defense of property damage commercial liability
claim - Nov 24, 2014, Injunction grantedHamilton
Prosecution of injunction action against International Union regarding flash mobs.
- Oct 16, 2014, Motion for Summary Judgment Affirmed8th Appellate Dist
M. Citron-Colon v. Save-A-Lot
Plaintiff appealed adverse trial court judgment in premises liability retail & hospitality claim
- Aug 15, 2014, Judgment AffirmedFloyd County, KY
Plaintiff appealed
adverse trial court judgment in commercial premises liability claim - Jul 3, 2014, Judgment Affirmed2nd Appellate Dist
J. Johnson, et al., v. Wal-Mart Stores East, LP
Plaintiff appealed adverse trial court judgment in commercial premises liability personal injury claim
- Dec 19, 2013, Judgment Affirmed10th District Court of Appeals/Franklin Co
Sue Mercer v. Wal-Mart Stores et al.
Plaintiff appealed adverse summary judgment ruling in premise liability case.
- Nov 18, 2013, Finding For DefendantMahoning
Arbitration defense of commercial premises liability claim
- Sep 24, 2013, Judgment Affirmed10th Appellate Dist
Maureen King v. East Worthington Village, et al.
Plaintiff appealed adverse trial court judgment in commercial premises liability claim
- Sep 13, 2013, Judgment Affirmed6th Appellate Dist
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
- Aug 1, 2013, Defense VerdictLorain
Arbitration defense of commercial premises liability personal injury claim
- Jun 27, 2013, Judgment Affirmed10th Appellate Dist
Nadezhda Titenok v. Wal-Mart Stores, Inc.
Plaintiff appealed adverse trial court judgment in commercial premises liability personal injury claim
- Jun 24, 2013, Judgment Affirmed4th Appellate Dist
Marianne Ray, et al. v. Wal-Mart Stores, Inc.
Plaintiff appealed adverse trial court judgment in commercial premises liability personal injury claim.
- Jun 20, 2013, Summary JudgmentBelmont
Defense of improper inspection and service to vehicle
- May 17, 2013, Summary Judgment on behalf of DefendantsFayette Cty, KY
Defense of Dram Shop Act claims
- May 9, 2013, Plaintiff VerdictGreene
Defense of personal injury commercial premises liability claim
- Apr 24, 2013, Defense VerdictLake
Defense of premises/retail and hospitality claim
- Apr 12, 2013, Motion For Summary Judgment GrantedU.S. District Court, Northern Ohio
Defense of commercial premises liability matter
- Jan 22, 2013, Motion For Summary Judgment GrantedFranklin
Defense of commercial premises liability claim
- Nov 15, 2012, Motion For Summary Judgment GrantedWood
Defense of commercial premises liability claim
- Nov 12, 2012, Defense VerdictCuyahoga
Arbitration defense of commercial premises liability
- Jul 13, 2012, Trial Court Granted Defendants Motion for Summary JudgmentCuyahoga
Defense of premise liability claim
- Jun 5, 2012, Favorable OutcomeFloyd County, KY
Defense of commercial premises liability personal injury claim.
- Jun 1, 2012, Finding For DefenseSouth Euclid Small Claims
Defense at Small Claims trial involving claims that Wal-Mart sold a defective oil filter
- May 3, 2012, Judgment Affirmed10th Appellate Dist
Kathleen McGrath, et al. v. Team Columbus Soccer, LLC
Plaintiff appealed adverse trial court judgment in sports facility commercial premises liability personal injury claim
- Apr 12, 2012, Summary JudgmentFranklin
Sports facility commercial premises liability personal injury claim
- Apr 12, 2012, Summary JudgmentFranklin
Defense of sports facility commercial premises liability personal injury claim
- Mar 27, 2012, Judgment Affirmed7th Appellate Dist
Q. Lacy v. Wal-Mart
Plaintiff appealed adverse trial court judgment in commercial premises liability claim.
- Jan 12, 2012, Summary Judgment Affirmed8th Appellate Dist
K. Bonner v. American Bottling Co.
Plaintiff appealed trial court grant of summary judgment to defendant in commercial premises liability matter
- Jul 13, 2011, Judgment Affirmed5th Appellate Dist
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.
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All Practice Group Attorneys
- Gregory G. Guice
- Holly Marie Wilson
- Justin D. Harris
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- B. Scott Jones
- Patrick Kasson
- Ronald A. Mingus
- Robert S. Yallech
- Alex M. Beeman
- Mark R. Bush
- Michael J. Caligaris
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- Alexandria Esposito
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