- Year: 2017
- Dec 28, 2017Summit 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
- Dec 27, 2017Kentucky Dept. Workers’ Compensation
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
- Dec 21, 20178th Dist. Cuyahoga No. 105538
Wynveen v. Corsaro, et al.
Appeal of probate court’s grant of motion to disqualify counselJudgment Affirmed
- Dec 18, 2017Portage County Court of Common Pleas
Motion for summary judgment granted in favor of client in defense of legal professional liability claim.
- Dec 13, 2017U.S. District Court for the Southern District of Ohio, Western Division
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
- Dec 12, 2017Ohio 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
- Dec 8, 2017Delaware Circuit Court I
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
- Dec 6, 2017Putnam County Circuit Court
Medical malpractice case alleging blindness, cerebral palsy and other injuries due to hyperbilirubinemia.Directed verdict for the defendants
- Nov 20, 20173rd 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
- Nov 16, 20178th 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
- Nov 16, 2017Summit County
Defense of personal injury retail & hospitality claimDirected Verdict
- Nov 16, 2017Marion County, IN
Defense of premises liability claim
- Nov 14, 2017Lucas
Defense of commercial auto liability personal injury claim
- Nov 3, 2017Lima Municipal Court
Arbitration defense of negligent installation causing damage to real property
- Oct 26, 20176th Cir. Court of AppealsDismissal of Case Affirmed
- Oct 19, 2017U.S. District Court, Northern District of Ohio
Arbitration defense of commercial premises liability personal injury claim with large Medicaid lien.
- Oct 18, 2017Cuyahoga
Defense of premises liability claim re one-way turnstile at its entrance without posted warning.
- Oct 12, 2017Ohio Civil Right Commission – Toledo, OH
Defense of gender discrimination and retaliatory discharge by former employee
- Oct 6, 2017Cuyahoga
Defense of medical malpractice negligence from platelet rich plasma injection causing gangrene and permanent disfigurement
- Oct 5, 2017FINRA Office of Dispute Resolution, Chicago, IL
FINRA ArbitrationAward in favor of our clients
- Oct 3, 2017Lucas
Defense of long term care wrongful death claimMotion to Dismiss Granted
- Sep 29, 2017U.S. District Court, Northern Ohio
Defense of governmental liability claim for property damages arising out of demolition of Plaintiff’s condemned property.
- Sep 29, 2017Lucas County Court of Common Pleas
Defense of neurology medical malpractice claim.
- Sep 29, 2017Hamilton
Obtained permanent injunction on behalf of Plaintiffs preventing protests and demonstrations on private property.Motion for Summary Judgment and Permanent Injunction
- Sep 28, 2017Summit
Defense of ophthalmologic malpractice claim involving loss of vision in left eye
- Sep 26, 2017Stow Municipal Court
Defense of property damage claim following accident with stolen vehicle
- Sep 26, 2017Stark County
Defense of property damage claim in commercial trucking accident.Motion for Judgment on the Pleadings Granted
- Sep 25, 2017Franklin County Municipal CourtJudgment Granted
- Sep 22, 20175th Appellate Dist
S.C., A Minor, et al. v. Licking Co. Health Dept., et al.
Plaintiff appealed adverse trial court judgment in governmental premises liability personal injury claimJudgment Affirmed
- Sep 21, 2017Wood
Defense of medical malpractice involving misdiagnosis of hyperthyroidism.
- Sep 20, 2017Kentucky Dept of Workers Claims
- Sep 14, 20178th Appellate Dist
Beard v. St. Vincent Charity Hospital
Plaintiff appealed defense verdict in medical negligence claimJudgment Affirmed
- Sep 14, 2017Indiana Court of Appeals
Messmer v. KDK Financial Services, Inc
Plaintiff appealed adverse trial court judgment in financial services liability claimSummary Judgment Affirmed
- Sep 12, 20174th Appellate Dist
T. Anderson, et al. v. Warren Local School District Board of Education
Plaintiffs appealed adverse trial court judgment in claim by homeowners alleging trespass and negligence by school district for fronting damages to their residences.Judgment Affirmed
- Sep 11, 20173rd Appellate Dist.
Trevor Sheehan v. ProMedica Health System, et al.
Plaintiff appealed adverse trial court in medical malpractice claimJudgment Affirmed
- Sep 8, 2017Lucas
Prosecution of divorce and custody dispute
- Sep 2017Franklin County Court, Ohio
Defense of emergency department physician with allegations of failure to timely diagnose and treat the flu, leading to a 40-year old's death.
- Sep 5, 2017Hamilton
Defense of dock-leveler manufacturer.Summary Judgment Granted
- Sep 1, 2017Cuyahoga
Defense of catastrophic medical malpractice injury claim involving stroke
- Aug 25, 20178th Appellate Dist
Lynn Cordova, et al. v. Emergency Professional Services Inc., et al.
Defense verdict to emergency physician involving allegations of failure to diagnose and treat diverticulitis. The court of appeals upheld the jury verdict and trial court's refusal to excuse a physician for cause as a prospective juror, and indicated that that decision as it relates to excusing jurors for cause due to impartiality is reviewed under an abuse of discretion standard.Defense verdict upheld
- Aug 25, 2017Butler County
Prosecution of subrogation action involving fire caused by product defect
- Aug 25, 2017Cuyahoga County
Defense of putative class action alleging fraud, breach of fiduciary duty, unjust enrichment, and breach of privacy claims against an asset retrieval company for services performed throughout Ohio.
- Aug 22, 2017Mahoning
Defense of commercial dispute involving service provider’s claim for compensation for services and lost profitsJudgment for Plaintiff
- Aug 22, 2017United States District Court for the Northern District of Ohio
Early dismissal of domestic relations attorney on claimed violations of 42 USC 1983, abuse of process and conspiracy.Dismissal
- Aug 17, 2017Cuyahoga
- Aug 10, 20178th Dist. Cuyahoga Nos. 103868 and 103888
Dueck v. Clifton Club Co.
Appeal of probate court’s grant of summary judgmentJudgment Affirmed
- Aug 4, 2017U.S. District Court, Southern District of Ohio
Former employee’s claim of wrongful conduct associated with the reporting of motor carrier violations after the employee left employment with the company/clientMotion to Dismiss Granted
- Jul 27, 2017Preble
Defense of property damage subrogation trialJudgment on Counterclaim
- Jul 21, 2017U.S. District Court, Northern District of Ohio
Successful insurance coverage matter regarding duty to defend and indemnify.Partial Summary Judgment Granted
- Jul 19, 2017Jefferson County
- Jul 2017U.S. District Court, Southern District of OhioMotion For Summary Judgment
- Jul 11, 20175th Appellate Dist
Patterson v. Licking Township
Plaintiff appealed adverse trial court judgment in governmental liability claim based on wage and hour compensationJudgment Affirmed
- Jul 10, 2017Franklin
Defense of group sponsor of Ohio state-funded employers from Bureau’s application of a higher premium ratio.
- Jul 10, 2017Franklin
Defense of governmental liability police action for false imprisonment claim
- Jul 8, 2017Trumbull
- Jul 6, 2017Huron
Defense of ophthalmology retina surgical case resulting in loss of vision in one eye
- Jul 6, 2017Cambridge
Arbitration defense of commercial service dispute re installation of allegedly defective tires
- Jul 3, 2017Bryan
Arbitration defense involving a breach of contract claiming over charging of termination fee
- Jul 3, 20176th Appellate Dist
Gallagher, Extr. v. Firelands Regional Medical Center
Defendant appealed adverse trial court judgment in wrongful death medical malpractice caseReversed
- Jun 30, 2017
Defense of wrongful death dram shop liability claim against bar/restaurant arising from fatal head-on automobile accidentSummary Judgment Affirmed
- Jun 28, 20178th Appellate Dist
T. Kryzwicki v. E. Flanagan
Plaintiff appealed adverse trial court judgment in legal professional liability claimJudgment Affirmed
- Jun 26, 2017Fayette Superior Court
Defense of dental malpractice claim.Summary Judgment Granted
- Jun 20, 2017Erie
Defense of orthopedic medical malpracticeDefense Verdict
- Jun 16, 2017Delaware 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.Summary Judgment
- Jun 16, 20177th Appellate Dist
Merlin v. Ankle & Foot Care Centers of Ohio, et al.
Plaintiff appealed the trial court’s denial of motion for mistrial due to alleged unfair surprise related to supplemental discovery just prior to trial.Judgment Affirmed
- Jun 16, 2017Hamilton
Defense of property personal injury claim arising out of emergency vehicle accident
- Jun 13, 2017Franklin
- Jun 9, 2017Cuyahoga
Defense of wrongful death delayed cancer diagnosis claim
- May 24, 2017Clermont
Arbitration defense of property damage commercial premises liability claim
- May 23, 2017Cuyahoga
Defense of legal malpractice claim and counterclaim for fees
- May 19, 2017Lucas
Arbitration defense of medical device (rolling walker) product liability personal injury claim (Nixon & Co.)
- May 19, 2017Lucas
Arbitration defense of property damage claim against media service supplier
- May 15, 2017Cuyahoga
Defense of wrongful death claim medical malpractice claim based on medication overdose
- May 15, 2017Summit
Defense of medical malpractice claim alleging severe neurologic deficit resulting from negligence in neonatal intensive care unit.
- May 12, 201754 District Court (MI)
Arbitration defense of hospitality liability claim for wrongful eviction and discrimination
- May 12, 2017Mahoning
Defense of wrongful death medical malpractice claim based on pulmonary embolism
- May 11, 20178th Appellate Dist
Terry Walker v. 24570 Lakeshore Property LLC & Greenwood Apts.
Plaintiff appealed adverse trial court judgment against landlord by tenant in personal injury claim on condition of the premisesJudgment Affirmed
- May 10, 2017Parke County
Obtained summary judgment in a case involving negligence claims against an operator of equine activities.Summary Judgment Granted
- May 10, 20173rd Appellate Dist.
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.Summary judgment affirmed, appeal dismissed
- May 8, 2017Washington
Defense of commercial premises liability claim
- May 5, 20176th Appellate Dist
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.Summary judgment affirmed, appeal dismissed
- Apr 30, 2017Franklin
Defense of conversion vehicle repossession
- Apr 28, 2017U.S. District Court, Southern District of Ohio, Eastern Division
Defense of retailer in retail & hospitality personal injury claim involving slip and fall.
- Apr 27, 20178th Dist. Ct. of Appeals
Alkire v. Alsfelder
Motion for summary judgment granted in favor of client was affirmed on appeal in defense of legal professional liability case.
- Apr 26, 20178th Dist. Ct. of Appeals
Carol Lytle v. Mathew et. al.
Disqualification of Plaintiffs’ counsel in a medical malpractice action
- Apr 2017Ohio Industrial Commission
Successfully defeated a motion requesting a total loss of use of the claimant’s left arm, saving the Self-Insured Employer $191,025.Defeated Motion
- Apr 19, 2017United States District Court for the Northern District of Indiana
Defense of industrial personal injury claim arising from fall at steel mill claimed by business invitee
- Apr 18, 2017Johnson County, IN
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.
- Apr 14, 2017Clark, IN
Defense of personal injury commercial premise liability claim
- Apr 12, 2017Scioto
Defense of personal injury commercial premise liability claim
- Apr 3, 2017United States Disctrict Court for the Southern District of Ohio
Stipulated dismissal of financial advisor on plaintiffs claims of fraudulent inducement to purchase universal life insurance policyDismissal
- Mar 30, 2017Lake County Court of Common Pleas
Defense of an insurance agent from a claim of declaratory judgment brought by a Plaintiff who asserted that she should have been the only beneficiary on a life insurance policy.Summary Judgment Granted
- Mar 20, 2017Allen County, Indiana
Defense of personal injury claim arising from an invitee alleging to have tripped and fallen on landscape feature of client’s business propertySummary Judgment
- Mar 20, 20178th Appellate Dist
Portee, et al. v. Cleveland Clinic Foundation, et al.
Plaintiff appealed adverse trial court judgment in medical malpractice claimReversed and Remanded
- Mar 17, 2017U.S. District Court, Northern District of Ohio
Motion for partial judgment on the pleadings was granted in favor of client in defense of FCRA case.
- Mar 17, 2017EEOC
Determination of no probable cause in favor of client in defense of employment discrimination charge.
- Mar 14, 2017Franklin County Municipal Court
- 20175th Appellate Dist
Affirming judgment of trial court denying defendants’ motion to compel arbitration and stay proceedings.Judgment Affirmed
- 20178th Appellate Dist
Affirming and reversing in part plaintiffs’ class action claims.
- Mar 12, 20178th Appellate Dist
Affirming judgment of trial court granting judgment on the pleadings in favor of lawyer on statute-of-limitations grounds.Judgment Affirmed
- 20177th Appellate Dist
Affirming judgment of trial court granting summary judgment in favor of defendant lawyer and law firm on plaintiff’s legal malpractice claim.Judgment Affirmed
- Mar 10, 2017Clinton
Obtained summary judgment in a case involving claims of negligent design and construction of a fertilizer grain facility.Summary Judgment Granted
- Mar 7, 2017Erie
Defense of negligent credentialing and re-credentialing of podiatristDefense Verdict
- Mar 1, 2017Fairfield
Defense of employment practices claim for governmental entity claiming discrimination based on national origin.
- Mar 1, 2017Lucas
Arbitration defense of products personal injury liability claim
- Mar 2017Cuyahoga County Court, Ohio
Defense of medical and nursing/hospital negligence claim alleging wrong death arising out of the death of a patient following EGD.
- Feb 28, 2017Cleveland Municipal Court, Cuyahoga County
Defense of an ambulance company from claims of negligence arising out of a motor vehicle accidentMotion to Dismiss Granted
- Feb 28, 2017Tippecanoe Superior Court
Defense of negligence claim brought by a Plaintiff who asserted that she tripped and fell while walking into a restaurant.Summary Judgment Granted
- Feb 26, 2017Kentucky Dept of Workers Claims
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.Claim Dismissed
- Feb 22, 2017FINRA Arbitration
Defense of a broker-dealer and broker against claims of unsuitability, breach of fiduciary duty, breach of contract, and negligence brought by a former clientDismissal of All Claims
- Feb 22, 2017Defiance
Claim of improper insertion of a catheter causing significant and permanent injury to the plaintiff's urinary system.
- Feb 17, 2017Hamilton County, IN Small Claims
Arbitration defense of property damage retail premises
- Feb 16, 20178th Dist. Cuyahoga No. 104001
Berdysz v. Boyas Excavating, Inc.
Appeal of trial court’s certification of a class actionJudgment Affirmed
- Feb 14, 201710th Appellate Dist
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.Summary Judgment Affirmed
- Feb 14, 20172nd Dist. Ct. of Appeals
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.Favorable Outcome
- Feb 10, 2017Marion County, IN
Obtained summary judgment in a case involving claims of negligent entrustment of an automobile against a prominent car rental company.Summary Judgment
- Feb 6, 201712th Appellate Dist
Plaintiff appealed adverse trial court judgment in personal injury claim involving the rental of a bounce houseSummary Judgment Affirmed
- Jan 25, 2017Butler County
Plaintiff alleged to have slipped and fell as a result of a wet floor, alleging significant injuries and surgical repair and rehabilitationSummary Judgment
- Jan 23, 2017Hendricks County, IndianaSummary Judgment Granted
- Jan 20, 2017Cuyahoga
Defense of workers’ compensation claim
- Jan 19, 2017U.S. District Court, Northern District of Ohio
Defense of wrongful termination caseMotion to Dismiss granted for failure to prosecute
- Jan 18, 2017Cuyahoga
Defendant dismissed after commencement of trial
- Jan 17, 2017Cuyahoga County
Defense of a restaurant from a claim of negligence brought by a Plaintiff who asserted she slipped and fellSummary Judgment Granted
- Jan 17, 2017Fairfield County Court of Common Pleas
Defended OB/GYN in case alleging permanent brachial plexus injury due to shoulder dystocia.
- Jan 12, 2017Ohio Civil Rights Commission
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
- Jan 4, 2017U.S. Sixth Circuit Court of Appeals
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