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Date / Jurisdiction Caption Statement of Case Result Attorney(s)
2/27/2019
United States Court of Appeals for the Sixth Circuit
Portia A. Boulger v. James H. Woods

Appeal of defamation and invasion of privacy case.

Judgment Affirmed
2/21/2019
Indiana Court of Appeals
Marigold Overshiner and Earl Overshiner, Individually and as Parents and Guardians of their Minor Daughter, Kaitlyn Overshiner, and Kaitlyn Overshiner, v. Hendricks Regional Health and Ian Johnston, M.D.

Indiana Court of Appeals affirmed judgment in favor of the defendant hospital and physician following a jury trial alleging blindness to an infant.

Directed Verdict Affirmed
2/19/2019
Third District Court of Appeals, Union County
E/O Glenna Zellner, v. Prestige Gardens Rehabilitation and Nursing Center, et al

Plaintiff appeal adverse trial court judgment in long term care case based on signed arbitration agreement

Judgment Affirmed
2/14/2019
6th Circuit Court of Appeals
Joel D. Naselroad v. Dennis Mabry, Mark Craycraft

Appeal of summary judgment in § 1983/personal injury case

Judgment reversed in part and remanded for trial
2/2019
Cuyahoga - Probate
Young et al v. Kaufman et al.

Obtained directed verdict against two children who had been disinherited from their mother’s estate and trust after 4 days of jury trial in a high value/high stakes will and trust contest.

Directed Verdict
2/11/2019
Hamilton
Michael Gray and Judy Gray v. Sky Zone Fishers and Fishers Ridge, LLC

Obtained summary judgment on behalf of a trampoline park facing claims of negligence and premises liability.

Summary Judgment
1/25/2019
Cuyahoga
Plaintiff v. Hospital

Defense of obstetric medical malpractice claim alleging severe neurologic birth injury

Trial ended after 6 days of trial
1/19/2019
8th Dist. Ct. of Appeals
Terry L. Jochum, et al., v.  Ezio Listati, et al.

Plaintiff appealed adverse trial court judgment in defense of legal malpractice claim.

Judgment Affirmed
1/10/2019
Mahoning
E/O Krugel v. The Assumption Village Nursing Home

Defense of claim alleging wrongful death against a nursing home

Defense Verdict
12/27/2018
7th Dist. Case No. 18 MA 0053
A. Hopson v. J. Delatore, M.D.

Plaintiff appealed adverse trial court judgment on medical malpractice claim based on failure to produce Affidavit of Merit.

Judgment Affirmed
12/26/2018
Indiana Court of Appeals
Shreeve v. Muncie Chevrolet-Cadillac, Inc.

Plaintiff appealed adverse trial court dismissal of claim based on failure to prosecute.

Judgment Affirmed
12/21/2018
Cuyahoga
Plaintiff v. Hospital

Defense of medical malpractice claim alleging damages including lost future wages   

Trial ended after 4 days of trial
12/14/2018
Cuyahoga
Estate of S. Sullivan, v. The Cleveland Clinic Foundation, et al.

Defense of wrongful death medical malpractice claim

Defense Verdict
12/14/2018
Kentucky Dept. Workers’ Compensation
Benjamin Thrush v. The Job Shop

Claimant sought TTD and permanent income and medical benefits as a result of an alleged thoracic injury from lifting at work. Defense counsel presented testimony from the employer and multiple other lay witnesses regarding claimant’s activities following the incident, resulting in a finding of a temporary strain with no award of additional benefits.

Claim Dismissed
12/13/2018
Kentucky Supreme Court
Raymond Hayes & Dena Hayes v. D.C.I. Properties-D KY, LLC and the Nelson Stark Company

Defense of appeal of summary judgment involving the attractive nuisance doctrine.

Judgment Affirmed
11/15/2018
8th District Court of Appeals
Elizabeth Tomcho, et al. v. ALTL Inc., et al.

Filing of a Motion to Vacate Judgment resulting in a reversal of a $6 million default judgment against a truck driver in a multi-vehicle accident

Result: Judgment Reversed and Remanded

Judgment Reversed and Remanded
11/5/2018
Geauga - Probate
Institutional Trustee Client v. v. Thomas Pierce, et al

Following bench trial to the Probate Judge, successfully obtained court order, over beneficiary’s objection, a) approving institutional Trustee’s accounting and b) releasing Trustee for its conduct including payment of fiduciary fees and its litigation attorney fees, and for making loan to beneficiary secured by beneficiary’s fraudulent representation to the institutional Trustee.

Favorable Judgment
10/26/2018
Toledo
Michelle Murphy v. MAC Cosmetics

Arbitration defense of personal injuries related to negligent application of cosmetics by an employee.

Finding For Defendant
10/23/2018
U.S. District Court, Southern District of Ohio
Maxum Indemnity Co. v. National Condo & Apartment Insurance Group, et al.

Obtained a judgment in the amount of $3 million in an insurance coverage dispute.

Judgment Granted
10/19/2018
Cuyahoga
D. Hagen v. Atta Asef, DPM

Defense of podiatric malpractice claim of unnecessary surgery

Defense Verdict
10/8/2018
Kentucky Dept. Workers’ Compensation
Joey Murphy v. CCI Industrial Services

Claimant sought permanent income and medical benefits as a result of a low back injury. Working closely with the employer, defense counsel introduced testimony refuting the claimant’s account, resulting in a finding of a temporary strain with no additional benefits awarded.

Claim Dismissed
10/5/2018
Kentucky Court of Appeals Opinion
R. Beier v. New Falls Corporation

Plaintiff appeals adverse trial court judgment regarding non-wage garnishment

Judgment Affirmed
10/5/2018
6th Appellate Dist
Kirk Halliday, Ph.D. v. The Mental Health and Recovery Board of Erie and Ottawa Counties  

Plaintiff appealed adverse trial result in wrongful termination case

Judgment Affirmed
10/1/2018
Wood
D. Isbell v. Dollar General

Defense of premises liability personal injury claim

Motion For Summary Judgment Granted
9/26/2018
1st Appellate District (Hamilton County)
Charles Patterson, et al. v. Adelta, Inc.

Appeal of summary judgment in premises liability case involving inherently dangerous work.

Summary Judgment Affirmed
9/24/2018
Erie
Koger v. Wal-Mart

Defense of personal injury slip and fall in restroom

Motion For Summary Judgment Granted
9/20/2018
Lucas County Court of Common Pleas
C. Holman v. Columbia Gas of Ohio, Miller Pipeline Corporation and Perciles Grivanos

Defense of personal injury and property damage claim and alleged negligence, assault and battery and conversion.

Directed Verdict
9/20/2018
Franklin County Court of Common Pleas
Henry Dean Adkins, Sr. v. MedCentral Health System, et al. 

Defense of medical malpractice claim for alleged failure to diagnose subdural hematoma.

Motion For Summary Judgment Granted
9/13/2018
Hamilton
Marle Ray v. Wal-Mart Auto Care

Arbitration defense of property damage claim

Finding For Defendant
9/10/2018
Cuyahoga
E/O Cannon v. Marymount Hospital

Defense of emergency room wrongful death claim involving drug overdose

Defense Verdict
9/7/2018
Howard County, Indiana
E/Of Lillian Smith v. Indiana Heartland Federal Credit Union

Defense of negligence deception, and criminal conversion, alleging that the estate was entitled to punitive damages based on transfer of decedent’s funds

Defense Verdict
9/3/2018
U.S. District Court, Northern District of Ohio
K. Brown v. J. Evans, D. Calabrese and P. Conn

Defense of legal malpractice case alleging conspiracy

Motion to Dismiss Granted
8/31/2018
Jefferson, KY
R. Campbell v. Allied Ready Mix

Defense of property damage claim

Directed Verdict
8/23/2018
Kentucky Dept. Workers’ Compensation
Dennis Rodgers v. The Job Shop

Claimant sought TTD, PTD and medical benefits as a result of an alleged shoulder injury and total shoulder replacement. Defense counsel introduced medical evidence of a pre-existing condition and testimony from the employer undermining the claimant’s account, resulting in a complete dismissal.

Claim Dismissed
8/20/2018
Lake Superior Court
Charles S. Wilson v. Frankie’s Auto Sales

Arbitration defense of Consumer Sales Practices Act violation allegations against selling car dealer

Finding For Defendant
8/15/2018
Cuyahoga
Hodoh v. Thistledown Racetrack, LLC

Defense of premises liability action

Motion for Summary Judgment (Oral Argument)
8/14/2018
Lake
Kirner v. Universal Truckload and Dwayne Gilson

Arbitration defense of personal injuries and property damage resulting from an automobile accident

Defense Verdict
8/14/2018
Lorain
Liberty Mutual Fire Insurance Company and Texas Roadhouse v. AA Fire Protection

Fire subrogation property damage claim

Defense Verdict
8/14/2018
Ohio Supreme Court
P. Portee v. Cleveland Clinic Foundation

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

Judgment Reversed
8/10/2018
Erie
E/O Porter v Firelands Regional Medical Center

Defense of wrongful death claim involving a terminal airway obstruction resulting in cardiopulmonary arrest. 

Plaintiff Verdict
7/30/2018
Knox
Kallie Singleton v. Fiesta Rides, Inc., et. al.

Defense negligence claim brought by a Plaintiff who asserted that she sustained an electrical shock while occupying a fair ride operated by client.

Motion For Summary Judgment Granted
7/23/2018
Lake
Gugliotta v. Kelbach

Defense of property damage claim arising out of alleged golf cart operational negligence

Finding For Defendant
7/22/2018
Summit
Scott E. Buck, et al. v. Akron General Medical Center, et al.

Defense of medical malpractice in alleged missed diagnosis of stroke

Defense Verdict
7/18/2018
Lucas
Osborne, et al. v. Mercy Health, et al.

Defense of medical malpractice claim arising from abdominal hysterectomy

Defense Verdict
6/28/2018
8th Appellate Dist
Elsner v. Birchall, M.D.

Appeal of Medical Malpractice Defense Verdict

Judgment Affirmed
6/28/2018
Portage
Randy Dean Sr. v. Allstate Insurance Agency – Bill Farmakidis

Defense of insurance agent E&O claim

Motion for Judgment on Pleadings Granted
6/7/2018
Lorain
Mackenzy Cook v. EMH Regional Medical Center, et al.

Defense of medical malpractice claim involving shoulder dystocia during delivery resulting in a permanent brachial plexus injury

Defense Verdict
5/29/2018
Kentucky Dept. Workers’ Compensation
Jackie Davis v. The Job Shop

Claimant sought TTD, PTD and medical benefits as a result of a complicated infection allegedly arising out of a work-related fall and scratch. Defense counsel introduced medical records and testimony from multiple lay witnesses refuting the claimant’s counsel, resulting in a complete dismissal.

Claim Dismissed
5/21/2018
Court of Appeals, Third Appellate District Union County
Betty Oliver v. City of Marysville

Defense of appeal against declaratory judgment and injunctive relief action decision from trial court.

Judgment Affirmed
5/18/2018
Kentucky Dept. Workers’ Compensation
Cheyenne Freeman v. St. Elizabeth Healthcare

Claimant sought TTD, PPD and medical benefits as a result of an alleged work-related shoulder injury. Defense counsel presented evidence undermining the claimant’s credibility, resulting in a complete dismissal of her claim.

Claim Dismissed
5/15/2018
Hamilton
B. Kinebrew v. G. Noffsinger

Arbitration defense of pro se plaintiff property damage claim

Finding For Defendant
5/9/2018
Cuyahoga - Probate
Lee v. Lee

Obtained summary judgment for Plaintiff on will contest complaint thereby invalidating decedent’s Last Will and Testament.

Summary Judgment Granted
5/8/2018
Ohio Supreme Court
Elliott Thomas v. Smith, et al., 154 Ohio St.3d 11, 2018-Ohio-1783

Spoliation of evidence claim requires physical interference with or destruction of evidence, and mere delay in producing evidence is not actionable under the independent tort of intentional spoliation of evidence.

Affirming Summary Judgment in Favor of Defendants
5/7/2018
5th Appellate Dist
Aljaberi v. Neurocare

Defendants appealed adverse trial court’s order compelling a physicians group to produce Ohio State Medical Board reports that are statutorily protected from disclosure.

Reversed and Remanded Adverse Discovery Decision
4/27/2018
6th Appellate District, Ottawa County
Cindy A. Caruso, et al. v. Erie Shoreline Properties LLC et al.Judgment Affirmed
4/25/2018
Ohio Supreme Court
Christopher Plank, Administrator of the Estate of Monica Plank v. City of Bellefontaine and City of Bellefontaine Water Department  

Defense of municipality in wrongful death case

Defense Ruling Upheld
4/19/2018
Hamilton
Margaret Milatz v. Loud and Clear, Inc., et al.

Defense of claim alleging improper installation of ramp at an annual outdoor festival, which resulted in physical injury to plaintiff.

Motion For Summary Judgment Granted
4/13/2018
Delaware
Estate of Dorothy Rayburn, Deceased vs. Lawand Saadulah, MD

Defense of medical malpractice intensive care unit claim

Defense Verdict
4/4/2018
Kentucky Dept of Workers Claims
Angela Smith v. Crosswater Canyon

Defense of workers' compensation claim seeking permanent income and medical benefits, including coverage of surgery, for an alleged work-related knee injury.  

Claim Dismissed
4/4/2018
Kentucky Dept. Workers’ Compensation
Angela Smith v. Crosswater Canyon

Claimant sought permanent income and medical benefits, including coverage of surgery, for an alleged work-related knee injury. Working closely with employer, defense counsel presented testimony undermining claimant’s account, resulting in a complete dismissal of her claim.

Claim Dismissed
4/3/2018
Porter County, IN
Raymond E. Olson v. Partners Management Company, LLC

Defense of secondary workers’ comp. claim against insured in catastrophic injury case

Motion For Summary Judgment Granted
3/30/2018
Cuyahoga
Plaintiff v. Prosthodontist Defendant

Defense of dental malpractice claim against prosthodontist alleging chronic pain from implants and ill-fitting overdentures.

Defense Verdict
3/30/2018
Kentucky Dept of Workers Claims
Nancy Bainer v. Sinkula Investments

Claimant was seeking income and medical benefits, including chiropractic treatment, as a result of back pain following an incident. Defense was able to secure complete dismissal with favorable causation opinion from treating physician, avoiding expense of an IME.

Claim Dismissed
3/29/2018
Delaware County, IN
Ryan E. Shreeve v. Muncie Chevrolet-Cadillac, Inc., Stephen Deanda

Successfully obtained dismissal of a suit filed against client car dealership.  

Defendants’ Motion to Dismiss Granted
3/23/2018
Jefferson County, KY
Beasey v. Able Construction Co.

Defense of construction liability and personal injury claim, resulting in a jury verdict that was $562,000 less than the damages originally requested by the plaintiff

Favorable Outcome
3/22/2018
USDC, Bankruptcy
L. Wohleber v. L. Gentile, et al.

Defense of legal professional liability in domestic relations matter

Directed Verdict
3/20/2018
Erie
Miller v. Firelands Regional Medical Center

Defense of alleged negligent recredentialing a foot surgeon in performing 32 unnecessary surgeries

Defense Verdict
3/14/2018
Ohio Supreme Court
In Re: Dove Le Moor

Motion to Dismiss Writ of Mandamus granted in favor of client in defense of professional liability claim.

Motion to Dismiss Writ of Mandamus Granted
3/12/2018
Cuyahoga
C. Robinson v. Cleveland Clinic Foundation, et al.

Defense of a gynecologic surgeon performing robotic laparoscopic hysterectomy leading to permanent injury

Defense Verdict
3/5/2018
11th Appellate Dist
Paolucci v. Morgan

Dismissal of a negligence claim against a stable owner for injuries to two horses

Dismissal of Claim
2/28/2018
Montgomery County Common Pleas
Douglas Current v. FedEx Freight, Inc.

Defense of workers' compensation claim involving fusion surgery and permanent inability to work

Defense Verdict
2/27/2018
U.S. District Court for the Southern District of Indiana, Indianapolis Division
Christopher Dyer v. Thorntons Inc.

Defense of convenience store in premises liability case alleging slip and fall on ice resulting in personal injuries.

Motion For Summary Judgment Granted
2/23/2018
6th District Court of Appeals
Gaye Lynn Harris-Miles, et al. v. Lakewood Hospital, et al.

Defense of medical malpractice appeal

Judgment Affirmed
2/13/2018
Cuyahoga
Argie et al v. Powall, et al.

Defense of alleged estate planning legal malpractice. Motion for Summary Judgment granted in favor of attorneys, resulting in dismissal of entire lawsuit.

Motion For Summary Judgment Granted
2/7/2018
Tipton Circuit Court
John M. Janson v. Tipton County Economic Development Organization, et al.

Plaintiff asserted claims against economic development organization and individual board members that included: 1) tortious interference with a business relationship; 2) tortious interference with a contract; 3) fraud; 4) tortious interference with contract and/or business expectancy.  

Motion to Dismiss Granted
1/30/2018
Hamilton
Larry Wagers v. Dr. Geoffrey Gold, D.D.S.

Defense of dental malpractice claim resulting from a tooth extraction.

Judgment for Defendant
1/25/2018
8th Appellate Dist
Hendry v. Lupica, III

Appeal of summary judgment in wet basement case

Judgment Affirmed
1/23/2018
Cuyahoga
Anne M. Sutch, Admr.  E/O Paul Sutch v. Lake Hospital System, Inc., et al.

Defense of wrongful death medical malpractice involving robotic assistance laparoscopic nephrectomy

Defense Verdict
1/19/2018
Elkhart
Martin Essig as Grand Piano Masters (sole proprietorship) vs. RC3 Realty, LLC and Robert W. McCoige

Bench trial – Dismissal of all claims asserted against our client pursuant to Indiana Trial Rule 41(B) after Plaintiff rested his case-in-chief; judgment in favor of our client on counter-claim.

Dismissal of All Claims
1/19/2018
Fairfield County Court of Common Pleas
G.S., a minor v. John Scott Delong, D.O.

Defense of obstetrician in medical malpractice brachial plexus injury claim.  

Defense Verdict
1/12/2018
Coshocton
New Wave Motors v. Wal-Mart

Bench Trial of alleged employer garnishment violation pursuant to Ohio law.

Finding For Defendant
1/8/2018
7th Appellate Dist
Kavanagh v. Caruthers, et al.,

Appeal of class action certification

Judgment Affirmed
1/4/2018
Cuyahoga
American Arbitration Association v. Melohn

Arbitration defense of contractual dispute for professional services rendered (REMINGER - AAA)

Finding For Plaintiff
12/28/2017
Summit County
Michael A. Mazzaggati v. Peyton N. Burrell, et al.

Motion for summary judgment granted in favor of a commercial insurance agency dismissing all claims in their entirety.

Motion For Summary Judgment
12/27/2017
Kentucky Dept. Workers’ Compensation
Patti Burke v. University of Kentucky

Claimant sought additional income and medical benefits as a result of a work-related lumbar injury. Defense counsel presented medical proof that her injury was only temporary, resulting in a dismissal of the claim.

Claim Dismissed
12/21/2017
8th Dist. Cuyahoga No. 105538
Wynveen v. Corsaro, et al.

Appeal of probate court’s grant of motion to disqualify counsel

Judgment Affirmed
12/18/2017
Portage County Court of Common Pleas
Trickett v. Masi

Motion for summary judgment granted in favor of client in defense of legal professional liability claim.

Motion For Summary Judgment Granted
12/13/2017
U.S. District Court for the Southern District of Ohio, Western Division
Nancy Arsan v. David Fierst, et al

Obtained dismissal and judgment as a matter of law in federal court on civil rights claims brought against a guardian ad litem due to the defendant’s absolute immunity in performing a quasi-judicial function.

Dismissal of Charges and Summary Judgment
12/12/2017
Ohio Seventh District Court of Appeals
Pipino v. Gallagher Sharp

Motion for Summary Judgment in favor of client in defense of legal professional liability claim affirmed on appeal.

Affirmed
12/8/2017
Delaware Circuit Court I
Robert Ginsbach v. Rachelle Bullock, Chrysalis Counseling Center, Donovan Hill, Barbara Schwartz, Melvin Swauger, Jr., Morgan Timberlake and Tara Wright-Timberlake

Successfully obtained dismissal of insured mental health counseling center and its counselor after it was sued for alleged unauthorized disclosure of mental health records. Court granted dismissal of the case for lack of personal jurisdiction under the Due Process Clause of the Fourteenth Amendment to the United States Constitution.  

Defendants’ Motion to Dismiss Granted
12/6/2017
Putnam County Circuit Court
Marigold Overshiner, as parent and best friend of Kaitlyn Overshiner , et al. v. Hendricks Regional Health, et al.

Medical malpractice case alleging blindness, cerebral palsy and other injuries due to hyperbilirubinemia.

Directed verdict for the defendants
11/20/2017
3rd District Court of Appeals
Christopher Plank, Administrator of the Estate of Monica Plank v. City of Bellefontaine and City of Bellefontaine Water Department

Defense of municipality in wrongful death case

Third District Court of Appeals reversed the trial court’s denial of political subdivision immunity and remanded the case to the trial court to grant Defendants’ Motion for Summary Judgment, pursuant to the Third District’s decision
11/16/2017
8th Dist. Ct. of Appeals
Fourtounis v. Verginis

Appeal of trial court's grant of motion for summary judgment in third-party legal malpractice action.

Judgment Affirmed
11/16/2017
Summit County
Marva Lloyd v. Burlington Coat Factory Warehouse Corporation

Defense of personal injury retail & hospitality claim

Directed Verdict
11/16/2017
Marion County, IN
Rene McCullar v. American Asset Management Services, Inc.

Defense of premises liability claim

Defense Verdict
11/14/2017
Lucas
Richard Kronsperger v. Marco’s Pizza, Blaine Washington and Tyler Schneider

Defense of commercial auto liability personal injury claim

Defense Verdict
11/3/2017
Lima Municipal Court
Daniel and Teresa Diehl v. Dish Network

Arbitration defense of negligent installation causing damage to real property

Finding For Defendant
10/26/2017
6th Cir. Court of Appeals
Bagi, et. al. v. City of Parma   

Defense of First Amendment Freedom of Speech Claims  

Dismissal of Case Affirmed
10/19/2017
U.S. District Court, Northern District of Ohio
C. Pelland v. Wal-Mart Stores, Inc.

Arbitration defense of commercial premises liability personal injury claim with large Medicaid lien.

Finding For Defendant
10/18/2017
Cuyahoga
Kenneth Ray Taylor and Cynthia Taylor v. Menard, Inc., Menards and Medical Mutual of Ohio

Defense of premises liability claim re one-way turnstile at its entrance without posted warning.

Motion For Summary Judgment Granted