Results

Defense of breach of contract claim against mass merchandiser.

Defense of police chief and captain against Fourteenth Amendment claim that the police department failed to adequately investigate the circumstances of the death of Plaintiff’s family member. 

Defense of board of education and individual coaches against claims of negligence related to injury during track and field practice 

Medical malpractice wrongful death claim involving death of a 44-year-old woman from a liver abscess following an appendectomy.

Dr. Kirk Halliday v. The Board of Directors of the Mental Health and Recovery Board

of Erie and Ottawa Counties, et al.

Plaintiff appealed adverse trial court judgment in defamation claim

Defense of plastic surgeon in case alleging failure to appropriately perform breast reconstruction, resulting in multiple further surgeries

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. 

Defense of pharmacy at small claims trial resulting in dismissal of the claims 

Defense of slip and fall case against restaurant in small claims court alleging negligence in snow and ice removal.

Defense of claim alleging negligence to properly maintain sidewalks and warn plaintiff of a dangerous condition.

Arbitration defense of hospitality discrimination claim

Defense of orthopedic medical malpractice claim

Arbitration defense of tenant- landlord alleging uninhabitable living conditions

Defense of wrongful death of 21 year old mother medical malpractice claim

Obtained summary judgment on behalf of insurance agency defending claims of negligent failure to write appropriate insurance.

Defense of catastrophic trucking liability personal injury claim

Trial defense of claims of medical malpractice

Representation of father of deceased at contested hearing regarding allocation and distribution of $1.5M proceeds of settlement of medical malpractice action alleging survivorship and wrongful death claims.

Successful defense of a snow removal company sued after a business invitee slipped and fell on the premises where the company was hired to provide snow removal services.

Represented Defendant in a case in which Plaintiff alleged that he was falsely accused of menacing and lewd behavior.

Prosecution of commercial business dispute claim

Defense of nonprofit claim for invasion of privacy and intentional infliction of emotional distress.

Defense of podiatric surgeon medical malpractice claim

Defense of medical malpractice wrongful death claim alleging failure to obtain cardiac workup in hospitalized patient with risk factors for coronary artery disease.

Represented Plaintiff in pursuit of a VSSR award for an occupational accident caused by faulty equipment.

Defense of claim against two radiologists alleging negligent diagnostic interpretations of a CT and then an ultrasound that caused pain and suffering and an emergent surgery.

Defense negligence claim brought by a Plaintiff who asserted that he sustained injuries while working as an agricultural employee for client. Plaintiff entered into settlement agreement with clients prior to lawsuit being filed which Court found enforceable to preclude claims from being pursued as a matter of law.

Defense of wrongful death medical malpractice claim in failing to timely diagnose an aortic dissection

Defense of defamation, abuse of process, malicious prosecution, and intentional infliction of emotional distress claims.

Defense of wrongful death case with strongly disputed liability involving a trucking accident. Last demand was $1 million and plaintiff counsel asked the jury for $3.5 million; final jury verdict was $520,233.

Defense of skilled nursing home.

Injured worker appealed negative award that she take nothing away from her application for benefits on the basis that her injuries did not arise out of or were incurred within the course of employment to the 7 members of the Indiana Worker’s Compensation Board.

Defense of ENT surgeon in case alleging medical malpractice and wrongful death of 37 year old male who died from vertebral artery dissection and stroke following stent and spacer removal after sinus surgery.

Defense of wrongful death medical malpractice claim

Defended logistics company in claim of alleged harassment in retaliation for engaging in a protected activity.  

Represented staffing service company in charge alleging discrimination based on race, sex and retaliation. 

Defense of claim against restaurant alleging harassment in retaliation to termination based upon behavior.

Defense of claim against broadband company by an employee alleging harassment in retaliation for engaging in a protected activity.

Arbitration defense of alleged food contamination leading to illness

Employment discrimination claim dismissed by trial court by way of summary judgment motion practice and affirmed by appellate court on appeal.

Claimant alleged both acute injury and cumulative trauma injury to knee. Defense counsel presented testimony from the claims adjuster refuting the claimant’s account and testimony from the treating physician rebutting cumulative trauma claim, resulting in complete dismissal.

Defense of orthopedic medical malpractice claim.

Defense of medical malpractice claim alleging unnecessary spinal fusion and decompression.

Time-barred legal malpractice complaint dismissed in its entirety following a grant of defendant-attorney’s motion for judgment on the pleadings 171 days after receipt of assignment.

Defense of federal civil rights action arising from jail suicide.

Defense of negligence claim against a security company

Defense of county board against claims of age discrimination, wrongful termination, and intentional infliction of emotional distress

Defense of medical malpractice claim against neuroradiologist alleging failure to recognize indications of spinal epidural abscess on MRI.

Defense of criminal trucking property damage case

Medical malpractice claim dismissed by trial court by way of early motion practice and affirmed by appellate court on appeal.

Defense of injury case against hospital.

Defense of commercial premises liability claim and prosecution of claims for contractual indemnification and attorney’s fees

Prosecution of claims for indemnification and attorney fees

Obtained dismissal of a malpractice claim at the pleading stage that alleged a failure to properly represent a client in an underlying criminal matter, on the basis that the claim was barred by the one-year statutue of limitations.

Defense negligence claim brought by a Plaintiff who asserted that he received foodborne illness while dining at client’s establishment. 

Defense of employment practices claim

Defense of premises liability claim.

Claimant was a 72-year-old woman who had worked as a machine operator for the defendant for 33 years prior to sustaining a work-related hip fracture, requiring surgery and resulting in a claim for PTD benefits. Through effective cross-examination concerning the basis for claimant’s failure to return to work post-surgery, defense counsel limited claim to an award of PPD benefits based on a 2% impairment rating.

Dismissal of premises liability claim

Defense of decision by township Board of Zoning Appeals in administrative appeal to the trial court

In this post-award Medical Fee Dispute, the claimant underwent an extended hospital stay as a result of an ulcer allegedly related to an infection of hardware implanted after a work-related ankle injury. Defense counsel presented expert medical proof that the ulcer was a result of the claimant’s diabetes and not a hardware infection, resulting in a savings of more than $284,500 in disputed medical bills.

Defense of mayor in case involving removal of vehicles and equipment

Defense of emergency medicine malpractice claim in 6-day jury trial alleging failure to diagnose soft tissue infection resulting in gangrene, multiple surgeries, and permanent injury.

Early dismissal of Vermont based Executor of the Estate in plaintiff’s legal malpractice and conspiracy claim, finding attorney did not avail the privileges and protection of Ohio by participating in disciplinary investigation.

Defended internal medicine/ attending physician in case alleging wrongful death of 33 year old high school track coach from pulmonary embolus.

Plaintiff filed a lawsuit against our insurance agent client, alleging that the insurance agent recommended unsuitable insurance products and committed fraud through alleged misrepresentations and omissions in presenting the products to the client. We successfully defended the insurance agent and obtained a complete dismissal of all claims.

Defense of wrongful death suit alleging failure to adequately treat pulmonary embolism in a 36-year-old man.

Defense of fraudulent misrepresentation claim.

Successfully obtained summary judgment on behalf of an insurance agent and insurance carrier facing claims of negligence and breach of contract, respectively.

Defense of legal malpractice claim against appellate attorney alleging a failure to object to the State's submission of inadmissible exhibits into the appellate file.

Represented professional services assistance program alleged to have violated plaintiff's constitutional civil rights.

Defense of insurance agent E&O claim arising out of motor vehicle accident.

Represented plaintiff in breach of contract and conversion case against contractor for failing to perform adequate demolition work in a timely manner.

Former client-business owner brought a legal malpractice lawsuit against former attorney for alleged deficiencies in the handling of a business dispute and probate matter.

Represented staffing service company in charge alleging termination as result of a disability.

Claimant alleged a work-related shoulder injury resulting in surgery. Working closely with the employer, defense counsel introduced testimony refuting the claimant’s account and secured a complete dismissal of the claim.

Defense of claims of wrongful termination and withholding of compensation   

Defense of school district before the U.S. Department of Education, Office for Civil Rights in case involving claims of disability discrimination and retaliation which resulted in a finding of no probable cause and dismissal of the charge.

Powell v. Medical Department Cuyahoga County Correctional Center

Appeal of a civil rights lawsuit against prison healthcare providers.