Results

Pelmear v. Henry County Commissioners

Plaintiff took out a loan for his business through a county revolving loan fund. The administrator for the loan inadvertently named the wrong debtor on the filings with the State. This misnamed debtor was another company owned by plaintiff. Plaintiff alleged damages as the result of the misfiling and also alleged that the paperwork in connection with the loan was fraudulent. Plaintiff defaulted on the loan and the County filed suit to collect on the loan and obtained judgment. The present lawsuits were filed in two separate actions by the plaintiff for damages. Court granted summary judgment on res judicata argument that the claims should have been asserted in the previous collections actions filed by the county to collect on the defaulted loan.

Defense of commercial premises liability claim

Leo v. Burge

Plaintiff was allegedly injured in a work site accident. Plaintiff named the wrong party in complaint and was advised in discovery that wrong party was named. Plaintiff dismissed suit and then refiled. However, plaintiff never preserved the statute against the real party in interest and his claim was barred by the statute of limitations. 

Defense of conversion vehicle repossession

Defense of retailer in retail & hospitality personal injury claim involving slip and fall.

Alkire v. Alsfelder

Motion for summary judgment granted in favor of client was affirmed on appeal in defense of legal professional liability case.

Successfully defeated a motion requesting a total loss of use of the claimant’s left arm, saving the Self-Insured Employer $191,025.

Defense of industrial personal injury claim arising from fall at steel mill claimed by business invitee

Obtained a defense verdict in a case involving claims against an insurance agency for an alleged failure to procure insurance, fraud, misrepresentation, and a failure to advise as to proper insurance coverage.

Defense of personal injury commercial premise liability claim

Defense of personal injury commercial premise liability claim

Stipulated dismissal of financial advisor on plaintiffs claims of fraudulent inducement to purchase universal life insurance policy

Defense of personal injury claim arising from an invitee alleging to have tripped and fallen on landscape feature of client’s business property

Portee, et al. v. Cleveland Clinic Foundation, et al.

Plaintiff appealed adverse trial court judgment in medical malpractice claim

Motion for partial judgment on the pleadings was granted in favor of client in defense of FCRA case.

Determination of no probable cause in favor of client in defense of employment discrimination charge.

Affirming judgment of trial court denying defendants’ motion to compel arbitration and stay proceedings.

Affirming and reversing in part plaintiffs’ class action claims.

Affirming judgment of trial court granting judgment on the pleadings in favor of lawyer on statute-of-limitations grounds.

Affirming judgment of trial court granting summary judgment in favor of defendant lawyer and law firm on plaintiff’s legal malpractice claim.

Defense of negligent credentialing and re-credentialing of podiatrist

Arbitration defense of products personal injury liability claim

Defense of medical and nursing/hospital negligence claim alleging wrong death arising out of the death of a patient following EGD.

Defense of an ambulance company from claims of negligence arising out of a motor vehicle accident

Claimant was seeking income and medical benefits for aggravation of a low back condition that resulted in a two-level lumbar fusion. Claim dismissed on the basis of defense evidence that contradicted Claimant’s testimony concerning a work-related injury and indicated Claimant had injured himself working on a project at home. 

Defense of a broker-dealer and broker against claims of unsuitability, breach of fiduciary duty, breach of contract, and negligence brought by a former client

Claim of improper insertion of a catheter causing significant and permanent injury to the plaintiff's urinary system.

Arbitration defense of property damage retail premises

Berdysz v. Boyas Excavating, Inc.

Appeal of trial court’s certification of a class action

Amy Greenberg et al. v. Sherri Heyman-Silbiger, exec., et al.

Defense of $1M breach of contract claim levied against estate and trust by former business associate.

Heartland of Portsmouth OH, LLC v. McHugh Fuller Law Group, PLLC

Successful appeal of trial court order dismissing suit for injunctive relief as moot. Action for permanent injunctive relief arose from false and misleading content of print advertisement run by out-of-state law firm against local nursing home.

Obtained summary judgment in a case involving claims of negligent entrustment of an automobile against a prominent car rental company.

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

Summary judgment granted as to Plaintiff’s premises liability and failure to warn claims.

Defense of workers’ compensation claim  

Defense of wrongful termination case

Defendant dismissed after commencement of trial

Defense of a restaurant from a claim of negligence brought by a Plaintiff who asserted she slipped and fell 

Defended OB/GYN in case alleging permanent brachial plexus injury due to shoulder dystocia.

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

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

Claimant was seeking income and medical benefits for conditions in her neck, shoulders and low back that resulted in bilateral shoulder surgeries. Claim dismissed on the basis of medical evidence presented by defense indicating Claimant’s condition was not work-related.

Toledo Bar Assn. v. Crosser

Attorney appealed disciplinary Board of Professional Conduct suspension order for violation of Rules of Professional Conduct

Obtained summary judgment in favor of an annuity broker facing claims of financial services fraud.

Defense of retailer in retail & hospitality personal injury claim involving trip and fall.

Novel v. Lane Alton & Horst, Rick Marsh, Ray Pantel

Defense of Racketeering & Corrupt Organizations Act (RICO) and fraud claims against law firm and attorneys

Defense of township against claims for various public employee benefits

Defense of medical malpractice claim involving the administration of Vistaril and then allowing the patient to drive home.

Defense of nursing home malpractice claim of 63 year old female patient

Defense of medical malpractice following complications with bariatric surgery 

Dental malpractice case alleging a dislocated jaw during tooth extractions

Workers’ compensation right to participate appeal by Plaintiff

Defense of construction liability personal injury matter

Arbitration defense of Consumer Sales Practices Act claim arising out of automobile sale

FINRA arbitration of broker/dealer financial services liability claim

Defense of orthopedic surgery malpractice claim

Defense of gastroenterologist medical malpractice claim

Defense of wrongful death medical malpractice claim involving deep vein thrombosis and pulmonary embolus

Defense of dental malpractice

Arbitration defense of commercial services property damage liability claim

Defense of dental malpractice claim alleging osteomyelitis from infected implant.

Defense of race and national origin and retaliation claim

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

Defense of wrongful death medical malpractice case involving deep vein thrombosis and pulmonary embolus

Defense of medical malpractice claim.

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

Defense of emergency department physician with allegations of catastrophic injury to this patient's gastrointestinal system.

Defense of premises liability claim

Defense of catastrophic pharmaceutical reaction in 6 year-old.

Ruiz-Bueno (Est. of Edward Peterson) v. Dr. John Tilley 

Allegations of deliberate indifference to medical needs against psychologist

Walling v. Wagner

Defense of legal malpractice claim

Early dismissal of insurance agency on claims of negligence and malpractice for lack of federal jurisdiction

Defense of wrongful death nurse practitioner claim

Defense of commercial premises liability claim

Defense of orthopedic total knee replacement malpractice claim

Defense of racial discrimination and retaliation complaint against condominium association

Bender v. Logan

Appeal of trial court grant of motion for summary judgment in business dispute action

Awarding summary judgment in favor of client on breach of contract claim to establish client as 50% owner of closely held company.

Defense of claims of race and gender discrimination, as well as a retaliation claim for engaging in unspecified protected activity

Berridge v. McNamee, et al.

Appellate court upheld summary judgment victory on behalf of law firm in underlying case alleging loss of life insurance proceeds

Edward Formica, et al. v. Jeffrey A. Dehner, et al.

Plaintiff appealed adverse Court of Appeals decision in legal malpractice claim

Defense of property damage premises liability claim