Results

Granting motion for judgment on the pleadings filed on behalf of county jail medical care provider because deliberate indifference claims brought under 42 U.S.C. 1983 were time barred as a matter of law, and tolling/relation back doctrines did not apply to save Plaintiff's claims.  

Plaintiff alleged negligence against our client on the theory of respondeat superior. 

Reversing judgment of trial court dismissing plaintiff’s medical malpractice action for lack of an affidavit of merit.

Plaintiff filed a lawsuit against our banking client, alleging the bank improperly handled the collection on a loan. We successfully argued that the bank acted properly under the loan documents and applicable law, and obtained complete dismissal of all claims.

The plaintiff claimed that the cardiologist failed to diagnose an acute aortic dissection resulting in her husband’s death. Following a three-week long jury trial with numerous experts, the jury returned a verdict in favor of the defendant cardiologist.

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.

Defense of individual involving claims of hostile work environment, disability discrimination, and retaliation.

Defense of obstetric medical malpractice claim alleging severe neurologic birth injury

Defense of claim alleging wrongful death against a nursing home

Defense of medical malpractice claim alleging damages including lost future wages   

Defense of wrongful death medical malpractice claim

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.

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.

Alford v. Arbors at Gallipolis

Nursing Home Arbitration Agreement enforced by trial court and affirmed on appeal where the Court found the daughter, who was not the patient’s power-of-attorney, had apparent authority to sign contract for her father.

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.

Trial defense of claims of dental malpractice  

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

Defense of township fire department before the OCRC in case involving claims of discrimination which resulted in a finding of no probable cause and dismissal of the charge

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

Defense of podiatric malpractice claim of unnecessary surgery

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.

Defense of premises liability personal injury claim

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

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

Arbitration defense of property damage claim

Defense of emergency room wrongful death claim involving drug overdose

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

Defense of legal malpractice case alleging conspiracy

Defense of property damage claim

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.

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

Defense of premises liability action

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

Fire subrogation property damage claim

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

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

Defense of local store of national pet care franchise against allegations of injury to pet  

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

Defense of medical malpractice in alleged missed diagnosis of stroke

Defense of medical malpractice claim arising from abdominal hysterectomy

Defense of emergency department physician alleging failure to timely diagnose and appropriately treat myocardial infarction.

Defense of insurance agent E&O claim

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

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.

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.

Defense of coffee maker distributor.

Arbitration defense of pro se plaintiff property damage claim

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.

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, arguing against jurisdiction

Defense of medical malpractice intensive care unit claim

Defense of medical malpractice claim brought against a radiologist.

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.

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

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

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.

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

Defense of legal professional liability in domestic relations matter

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

In Re: Dove Le Moor

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

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

Reversing judgment of appellate court and finding in favor of defendant medical providers on plaintiff’s medical negligence claims because Ohio Savings statute did not apply.

Dismissing plaintiff’s appeal because court lacked jurisdiction over trial court’s entry.

Affirming judgment of trial court in favor of defendant dismissing plaintiff’s breach of contract and negligence claims.

Affirming judgment of trial court determining insurer’s equitable share of defending and indemnifying insured was proper.

Reversing judgment of trial court denying defendant county summary judgment because trial court erred in determining that immunity did not apply with respect to landowner’s trespass claim.

Noting that the evidence did not support a remote cause jury instruction in medical malpractice trial.

Reversing judgment of trial court ordering all discovery to be had without first conducting in camera review of disputed documents.

Reversing trial court’s denial of defendant’s motion to vacate default judgment.

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

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

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

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.  

Mitchell v. Babickas, 2018-Ohio-383

Affirming trial court summary judgement in favor of product manufacturer for property damage

Defense of dental malpractice claim resulting from a tooth extraction.

Defense of psychiatric facility against claims of medical malpractice and wrongful death  

Hendry v. Lupica, III

Appeal of summary judgment in wet basement case.