Cases
Representative Cases: Recent Successes
Summary judgment in antitrust case involving claimed damages of $500 million (Sept. 2015)
Summary judgment in railroad crossing case involving the death of a motorist who collided with a train (Sept. 2015)
Summary judgment in products liability case involving deaths of two firefighters (Aug. 2015)
Summary judgment in construction defect case (2014)
Analysis of oil/gas leases saved carrier from paying on a claim in which they had already posted reserves of $5 million (despite previous counsel having determined that coverage was owed) (2014)
Summary judgment in legal malpractice case (2013).
Catastrophic Injury
Client: Natural Gas Company Subcontractor
Claim: General liability (natural gas explosion resulting from client's failure to properly test natural gas line prior to activating service)
Damages: $10 million property damage (complete destruction of 10-unit apartment complex), severe injuries to two tenants, general injuries
property damage sustained by 20 other tenants
Jurisdiction: Warren County Common Pleas Court (Lebanon, Ohio)
Result: Favorable settlements of voluminous number of claims within months of explosion.
Client: Apartment complex
Claim: Premises liability (failure to prevent arson)
Damages: Death of 35-year-old female
Jurisdiction: Franklin County Common Pleas Court (Columbus, Ohio)
Result: Summary judgment
Client: Restaurant Franchisee
Claim: Premises liability (failure to maintain parking lot asphalt)
Damages: Fractured knee cap to 86-year-old woman
Jurisdiction: Montgomery County Common Pleas Court (Dayton, Ohio)
Result: Summary judgment
Client: Property Owner
Claim: Premises liability (failure to maintain revolving glass door)
Damages: Facial lacerations, scarring to 15-year-old female
Jurisdiction: Franklin County Common Pleas Court (Columbus, Ohio)
Result: Defense verdict following 5-day jury trial
Client: Building Management Company
Claim: Premises liability (failure to maintain brick patio in front of large office building)
Damages: Broken ankle, knee surgery (@$100, 000 in medical expenses)
Jurisdiction: Franklin County Common Pleas Court (Columbus, Ohio)
Result: Defense verdict following 3-day jury trial
Construction Defect
Client: EIFS Contractor
Claim: Construction defect involving three large, upscale apartment complexes (1, 000 units)
Damages: $10 million in claimed water intrusion damages
Jurisdiction: Franklin County Common Pleas Court (Columbus, Ohio)
Result: Nuisance settlement (less than 3% of total amount paid), despite very bad facts
being the primary target defendant (exterior insulation finishing system EIFS contractor), along with having significant insurance coverage
Product Liability
Client: Product manufacturer
Claim: Product liability
Damages: $7 million fire damage to medical office building
contents
Jurisdiction: Cuyahoga County Common Pleas Court (Clevel
, Ohio)
Result: Favorable settlement (less than a quarter of claimed damages,
$500, 000 less than was offered on morning of first day of trial) on 8th day of jury trial.
Client: Product Manufacturer
Claim: Product liability against French manufacturer of race car fueling system
Damages: 3rd
4th degree burns to head, face, heads
legs of race team fueler
Jurisdiction: United States District Court the Southern District of Ohio
Result: Partial summary judgment obtained, resulting in favorable settlement of case involving horrendous injuries to an employee of a former Indianapolis 500 winner in a highly-publicized accident.
Client: Stereo/Speaker Manufacturer
Claim: Product liability involving car stereo/speaker system
Damages: Significant hearing loss
Jurisdiction: Summit County Common Pleas Court (Akron, Ohio)
Result: Defense verdict following 4-day trial.
Client: California-based Vegetable Grower/Supplier
Claim: Food liability
Damages: 20 patrons of local restaurant contracted hepatitis A as a result of tainted scallions grown
supplied by client - liability established by thorough, highly-publicized investigation performed by Centers for Disease Control
Prevention.
Jurisdiction: Richl
County Common Pleas Court (Mansfield, Ohio)
Result: Tried first of 20 cases set for trial on consecutive weeks - first case involved the worst damages to a 30-year-old mother of three who claimed permanent injuries from having contracted hepatitis A. Favorable verdict (less than 50% of what had been offered pre-suit) resulted in settlement of all 19 other cases on very favorable terms.
Professional Liability
Client: Law Firm
Claim: Legal Malpractice
Damages: Plaintiff alleged that a law firm which had defended him in a civil action while he was simultaneously being criminally prosecuted for participating in a money laundering scheme had withdrawn as his counsel without his notice
failed to adequately represent him in the civil case, resulting in $2 billion of his assets being seized by the federal government.
Jurisdiction: United States District Court for the Southern District of Ohio, Western Division at DaytonResult: Summary judgment.
