Trial Court Verdicts & Judgments (2000 - Present)
Case: Spalding v. Barnett
Description: Spalding was a belted driver stopped in traffic when she was rear ended at 36 miles per hour. She went to the emergency room with complaints of neck pain, back pain, and headaches the following day. She then followed up with her chiropractor, with whom she'd been treated before. She was ultimately referred to an orthopedic surgeon. The Orthopedic surgeon diagnosed a cervical strain with nerve damage and a fractured vertebra. The defense argued that it was unclear whether these injuries happened in the collision or were there before the collision because she had a long-standing history of treatment with the chiropractor before the collision. She went through physical therapy in addition to chiropractic therapy. She had an MRI and nerve studies as well. She had medical bills of $11,400.00.
Case: Sammy v. Richie
Verdict: $96,000.00 plus $12,000.00 in pre-judgment interest
Description: Our client was in a motor vehicle collision while she was on the job and injured her neck. She had continued problems with her neck. Ultimately she was referred to an orthopedic surgeon who confirmed a cervical spine injury, which caused pain and limitation in her range of motion. There was nothing surgically that could be done. The driver who caused the collision had $25,000.00 in insurance coverage with Allstate. We asked that Allstate pay her insurance policy limits of $25,000.00. Allstate refused and the case went to trial. Since Allstate had the opportunity to settle the case for their insurance policy limit before and refused to do so, Allstate was required to pay the entire verdict of $96,000.00 even though this exceeded the $25,000.00 insurance limits for their insured. After the trial, we argued to the court that pre-judgment interest should be paid by Allstate for their conduct in this matter and Allstate settled the claim for pre- judgment interest for an additional $12,000.00.
Case: Meade v. Nationwide
Description: Plaintiff was traveling on East Aurora Road in the City of Macedonia when another driver caused a collision with the Plaintiff's vehicle. This other driver was uninsured, so, Plaintiff's insurer, Nationwide, was responsible for the claim under the uninsured motorist coverage. As a result of the collision, she was diagnosed with a non-operable cervical injury. She was treated for her injuries and incurred medical bills of which the Defendant, Nationwide, paid $9,368.51. Defendant made an offer of $17,600.00 leading up to trial. The jury returned a verdict for an additional $50,000.00.
Case: Jackson v. Chubb Group of Insurance Cos.
Description: Plaintiff was operating a vehicle owned by her employer and was in the course and scope of her employment when the Defendant negligently caused a collision with the Plaintiff. At the time of the collision, the Defendant was operating a vehicle owned by his employer also. The collision happened at an intersection when the Defendant ran a red light and T-boned the vehicle operated by the Plaintiff in the left front wheel area. The collision caused the Plaintiff to hit her head against the side pillar inside the vehicle. She was transported by ambulance to the emergency room with complaints of head and neck pain. Ultimately, she was diagnosed with head, neck, jaw, left shoulder and cervical disc injuries. Her medical bills totaled to $16,589.63.
Case: Verbeck v. State Farm
Verdict: $236,000.00 plus prejudgment interest
Description: Plaintiff was involved in a significant impact, rear-end automobile collision. As a result of that collision, the Plaintiff suffered serious spinal injuries that culminated in two spinal surgeries; one to fuse three vertebrae together in her neck, and a second to fuse three vertebrae together in her low back. Her medical bills totaled $122,932.56 and her lost wages had accumulated to $13,533.67. At trial, Plaintiff's vocational/economic expert gave testimony that the Plaintiff would incur future lost wages of approximately $100,000.00 to $300,000.00 and future medical bills. State Farm offered $135,000.00 leading up to trial. The jury awarded a verdict in favor of the Plaintiff in the amount of $236,000.00.
Case: Russell v. Icardi
Verdict: $ 115,743.00 plus pre-judgment interest
Description: Plaintiff was driving to work when she was rear-ended by the Defendant. While she was stopped in traffic, the Defendant hit her vehicle with such force that it drove her into the vehicle in front of her and that vehicle into the vehicle in front of it. Plaintiff sustained a cervical injury and her car was totaled as a result of the collision. Allstate insured the Defendant with limits of $25,000.00. The Plaintiff argued that her injuries exceeded Allstate's $25,000.00 limit, but would accept the $25,000.00 limit as full settlement. Allstate refused and offered $5,000.00. A verdict was rendered by the jury in the amount of $115,743.00. Post trial, Plaintiff joined Allstate to the lawsuit and requested Allstate pay entire verdict plus interest. The court agreed and ordered Allstate to pay entire verdict plus pre-judgment interest.
Case: Moneypenny v. BWA Subway
Description: Plaintiff was traveling along parked cars in a parking lot when the Defendant, a Subway employee, came around the aisle of parked cars at a high rate of speed and ran into the front of Plaintiff's vehicle. At the time of the collision, Defendant was operating his vehicle within the course and scope of his employment for BWA Subway, Inc. He was going to the bank on behalf of his employer. Plaintiff claimed injury to her cervical spine; the injury was non-operative. She incurred $11,454.22 in medical bills as a result of the collision. The Defendant's insurer offered $12,000.00 leading up to trial. The Plaintiff received a verdict in the amount of $ 35,054.22. Post trial, Plaintiff filed a motion for pre-judgment interest for the Defendant's failure to negotiate in good faith prior to the trial. The court agreed and ordered pre-judgment in the amount of $11,699.89.
Cervical & Lumbar Injuries
Case: Eubanks v. Hintz
Description: Our client was in a rear end automobile collision. She had stopped and was waiting for oncoming traffic to clear to make a left turn. A van behind her was coming to a stop when the Defendant, slammed into the back of the van and shoved the van into her. The impact sent our client left into traffic. It totaled her vehicle and she was transported to the emergency room where she complained of neck and low-back pain. She was treated and released with a diagnosis of "cervical and lumbar strains. As her condition became progressively worse over the next few days with pain radiating into her left leg, she sought follow up care with a physician who ordered an MRI. The MRI found that she sustained a cervical and lumbar strain, and lumbar herniated disc. She was then referred to an orthopaedic surgeon who ultimately performed surgery on her damaged low back disc. Plaintiff was an avid off-road motorcycle rider (dirt bike rider). Defense argued that her low back injuries were really a product of her dirt bike riding and accident she had incurred while dirt bike riding. The jury found in Plaintiff's favor in that she was injured in the collision but only awarded $15,000.00 as her damages. She had medical bills in the amount of $34,355.78.
Case: Norman v. Mark Bishop, et al.
Description: Plaintiff was involved in two separate rear end collisions about a month apart. Both Defendants have admitted negligence. Plaintiff sustained injuries to his lumbar and cervical spine. As a result, he had surgery incurring approximately $40,675.94 in medical bills. The Plaintiff's physician provided proximate cause as to the collisions combined but could not distinguish which collision caused which specific portion of the injury. The Plaintiff had an extensive pre-collision medical history with his spine. Ultimately, the claim against the first Defendant settled for $50,000.00 during trial. The claim against the second Defendant resulted in a verdict for the Plaintiff in the amount of $5,000.00.
Case: Mack v. Progressive Preferred Ins. Co.
Verdict: For Defense
Description: The Plaintiff was operating his vehicle when the Defendant negligently caused a rear-ended automobile collision. The Defendant claimed that she sustained no injuries in the collision because of its minor nature. Plaintiff claimed injuries to his cervical/lumbar spine as a result of the collision. The jury concluded that the Plaintiff sustained no injury in the collision and rendered a verdict in favor of the Defendant.
Case: Young v. Stutzman
Verdict: $104,463.54 plus $14,816.08 in pre-judgment interest
Description: Our client was a passenger in her own vehicle. Her vehicle was being driven by a friend. While driving the vehicle, the friend lost control and ended up in a single car collision. Plaintiff was thrown about inside the car and sustained a lumbar vertebral compression fracture. There was nothing medically that could be done for the deformed vertebrae. It was a permanent condition, which would leave her back in a weakened state for the rest of her life. We offered to settle the claim within Progressive's insurance limits and Progressive refused. As a result, Progressive was required to pay the entire verdict even though it exceeded their limits of insurance coverage. We also argued after the trial that Progressive should pay prejudgment interest and Progressive ultimately paid $14,816.08 in pre-judgment interest in addition to the verdict.
Case: Coffman v. Stoll
Description: Plaintiff, a Macedonia police officer,was involved in a motor vehicle collision at an intersection while in route to a call. The Defendant contended that the Plaintiff did not have his lights and siren on and proceeded through the intersection on a red light. Plaintiff contended that he had his lights on and was using his siren intermittently and proceeded through the intersection on a green light. The jury found the Plaintiff did have a green light but proceeded to the intersection at excessive speed with only his lights on, without a siren. They found the Plaintiff comparatively negligent in the amount of 42%. The jury awarded damages in the amount of $757,000.00, post trial the verdict was reduced by 42% (the Plaintiff's comparative negligence) to an amount of $439,060.00. The judgment was appealed by the Defendant and the Court of Appeals upheld the judgment.
Wrist Fracture Injury
Case: Marchetta v. Nguyen
Verdict: $62,422.46 plus $2,274.64 in pre-judgment interest
Description: Client was a front seat passenger in a car that was struck head on by another driver who was headed toward them and then turned left in front of them. Plaintiff sustained a right wrist fracture requiring surgery with a plate and screws, as well as follow up surgery. The Plaintiff had some pre-existing arthritic problems and the jury discounted her medical bills for the follow up treatment, believing some of the treatment would have been necessary for her arthritis, regardless of the collision. After the trial, we successfully argued that the court should award pre-judgment interest and the court awarded $2274.64.
Case: Jennifer Perrot, et al., v. Todd Baughman
Verdict: For Defense
Description: Plaintiff shattered her ankle after stepping in a grass covered hole and falling in a common area of a two-unit rental property owned by the Defendant. The defense disputed the Plaintiff's claim. The jury returned a verdict in favor of the Defendant.
Case: Owens v. Bershire
Verdict: $39,000.00 plus $2,613.50 to resolve post-trial motions
Description: Our client was a passenger in a van that was hit broadside and knocked over. As a result, our client sustained a torn pectoral muscle. There's nothing medically that could be done as there was no way to re-attach muscle to muscle. As a result, the Plaintiff was left with a divot in his chest where the muscle had been torn away, leaving him with a permanent deformity and some loss of strength. After the trial we argued that State Farm should pay additional monies and State Farm ultimately paid an additional $2,613.50 to resolve this additional claim.
Case: Davisson v. Feinman
Verdict: $31,500.00 plus $16,000.00 to resolve post-trial motions
Description: Plaintiff had a seizure disorder. He did not take his medication and had a seizure in his apartment, causing him to fall against the steam radiator and burn himself. The Plaintiff had complained to the landlord that he was unable to regulate the heat in his apartment, and particularly, that he could not regulate the heat on the steam radiator, which was always exceptionally hot. The landlord was in violation of some safety requirements. The adjustment valve on the steam radiator was not operable and while it could have easily been repaired but it hadn't been. The jury found both parties equally at fault, the landlord for neglecting the safety requirements and the Plaintiff for failing to take his seizure medication. The jury found Plaintiff's damages were $63,000.00 and then reduced it in half due to Plaintiff's negligence. Nationwide paid an additional $16,000.00 to resolve post trial motions.
Broken Hip Injury
Case: Whiddon v. Mash Oil, Inc.
Verdict: For Defense
Description: Our client was a 66 year-old lady who took her vehicle to the Defendant's oil change facility to get a routine oil change. Plaintiff parked her car and went inside. There was a sign posted that said "No customers in the shop". An employee told her to go get her car and pull it up to the service bay. When she pulled up to the service bay, the Defendant's employees motioned her to drive it into the shop and she did. The employee had her drive the car up on the lift. The employee then directed her to get out of the car and when she did so, she stepped out of her car, over the lift, and slipped on the floor. The Plaintiff fell and broke her hip. She had well over $25,000.00 in medical bills. She was transported by ambulance to the emergency room, underwent surgery and was admitted to the hospital. When discharged, she underwent significant physical therapy. The jury believed the Plaintiff should have been more careful. Verdict for the Defendant.
Case: Smith v. State Automobile Ins. Co
Judgment: $1,500,000.00 plus $526,880.25 in pre-judgment and post-judgment interest
Description: Our client was in the course and scope of his employment in a construction zone. He was operating the controls on the back of a sewer truck when the driver and passenger caused the vehicle they were operating jointly, in an alcohol and drug induced, semi-conscious state, to strike him. The collision caused him to be thrown onto the hood of the vehicle and forced him under the back of the sewer truck. Our client had to be cut from the wreckage and life flighted for several emergency surgeries. He sustained serious, substantial, disabling, and permanent injuries as a result. After a battle over insurance coverage, an offer of $500,000.00 and then $900,000.00, the case proceeded to arbitration. After the arbitration, the case proceeded on over more coverage issues and prejudgment interest.
Low-Back & Knee Injury
Case: Dinkins v. Kane
Verdict: For Defense
Description: Plaintiff's pick-up truck was struck by the Defendant's vehicle at an intersection when the Defendant drove out into the Plaintiff's path of travel. As a result of the collision, Plaintiff claimed to have sustained injuries to both of his knees and his lower back. He had pre-existing conditions with both knees but the Plaintiff claimed his knee conditions were aggravated and accelerated as a result of the collision. Plaintiff accumulated up to $22,878.16 in medical bills he related in the collision. The defense disputed the Plaintiff's claimed injuries and the jury entered a verdict in favor of the Defendant.
Shoulder & Chest Injury
Case: Bader v. Hollingsworth
Description: The Plaintiff was operating his vehicle when the Defendant negligently caused a collision by pulling out from a private drive directly into the path of the Plaintiff's vehicle. The Plaintiff sustained a shoulder injury and a chest wall contusion as a result of the collision. His medical bills totaled $4,171.40. The defense disputed liability, claiming that the Plaintiff was operating his vehicle slightly above the posted speed limit. Plaintiff contended that he was not speeding and was otherwise operating his vehicle in a reasonable fashion when the Defendant failed to yield while emerging from a private drive.
Bumps & Bruises
Case: Wilmoth v. The Insurance Company of the State of Pennsylvania
Verdict: $ 7,030.40
Description: Plaintiff was involved in a T-bone type auto collision when the Defendant driver, failed to yield the right of way at a stop sign. Plaintiff had significant health problems prior to the collision. He was already seeing doctors frequently on a regular basis due to his underlying medical conditions. He sustained bumps and bruises in the collision and claimed $4,043.94 in medical bills as a result. Plaintiff requested payment from the Defendant, insurer AIG. Defendant AIG failed to pay Plaintiff for medical expenses as specified in the coverage contract. Additionally, Defendant AIG recovered most of the value of the total loss of the Plaintiff's vehicle from the insurer of the other driver but never reimbursed the Plaintiff for his deductible as required under the AIG policy. The court awarded the Plaintiff $7,030.40.
Medical Malpractice/Wrongful Death
Case: Crofut v. Doctor's Hospital of Stark County, et al
Verdict: For Defense Doctor
Description: The decedent purchased a motorcycle and was operating it the day he purchased it without an operator's license. He was racing around on the streets in his neighborhood when he lost control of the motorcycle and struck a tree and sustained serious life-threatening injuries. EMS arrived, stabilized the patient, and transported him to the emergency room controlling his breathing through an endotracheal tube. In the emergency room, the endotracheal tube became dislodged and was directed into the esophagus and went unnoticed by the staff or physicians. The decedent expired; Plaintiff's contention was the esophageal intubation lead to his death. Defense argued that he died of his injuries. The hospital settled prior to trial; one physician was dismissed from the case by the court and the jury found in favor of the remaining physician.
Consumer Sales Practice Act
Case: Conseco Finance Servicing Corp. v. Culver
Description: We represented Defendant Culver who had contracted with a company by the name of Resash for the installation of new windows in his home. Resash performed some of the work but did not complete the job. Resash sold the job on installment payments. Resash sold the installment loan to Conseco. Culver refused to make payment because the job was not completed. Conseco filed suit for nonpayment. Culver obtained a judgment in his favor as to the claims of Conseco and obtained a judgment against Resash for the amount he paid to have the job completed by someone else. Attorney fees were awarded in the amount of $2,437.50.
Case: Culver v. Resash
Description: Resash refused to pay a judgment against them in favor of Culver. Culver argued that Defendant, Resash, continued to operate their business without making payment on the judgment, which is a violation of the Consumer Sales Practice Act. The court agreed and judgment was entered in favor of Culver for an amount three times the underlined judgment plus attorney fees.
Case: Eiseman v. C.A.R.S. Protection Plus, Inc., et al.
Description: Plaintiff purchased a used vehicle from Defendant NRT Motor Cars, Inc. He purchased the vehicle for $2,800.00. Prior to the purchase, he was told the vehicle had been thoroughly checked and was in good mechanical shape and offered a "bumper to bumper" warranty through C.A.R.S Protection Plus, Inc. for $450.00. He bought the warranty with assurance from the salesperson that they would make any necessary warranty repairs. Plaintiff incurred problems with the brakes and brought the vehicle in to be examined. He was directed to the C.A.R.S and the repairs were denied even though the repairs identified by the repair shop were covered in the warranty. The cost of repairing the brakes was estimated at $1,934.17. Unable to drive this vehicle, he purchased another vehicle while continuing to make monthly payments. Plaintiff filed suit against both Defendants and received a judgment against NRT Motor Cars, Inc. in the amount of $46,224.56; C.A.R.S. settled prior to trial for $1,000.00.
Case: Perich v. Lambert Buick, Inc.
Judgment: $200.00 in statutory damages
Description: Plaintiff traded in her old vehicle as a down payment on the purchase of a used vehicle from the Defendant. She was never told the vehicle was a former rental fleet vehicle. She was lead to believe the vehicle was taken in on trade for a new vehicle. After taking delivery of the vehicle, she found a document in the glove box, which identified the vehicle as a former rental fleet vehicle. She then received a copy of the title to the vehicle after it had been registered in her name and noted that the sales price was listed at $14,044.00. The sales price on the paperwork she signed showed the sale price of the vehicle as being $25,000.00. She did not understand why the title would show a sales price of $14,000.00 but the paperwork at the dealership show a sales price of $25,000.00. Discrepancies over the sales price and the paperwork relative to it being a former rental vehicle, prompted her to request the dealership take the vehicle back and return her other vehicle. The dealership refused. In trial, the jury found that the Defendant Lambert Buick Inc. violated the Consumer Sales Practice Act by failing to disclose that the vehicle they sold to the Plaintiff was indeed a former rental fleet car. Ohio law requires a dealership to disclose prior to the sale to a consumer the fact that a vehicle was a former rental vehicle. The juror's finding brought a finding by the court of statutory violations under the law.
Case: Smith v. Millennium Auto Sales
Description: Plaintiffs purchased a 1997 Ford Escort from Defendants for $2,500.00 and were to make payments on the vehicle over time. At the time of the purchase, Defendants told Plaintiffs that the Escort would have a warranty on the engine/ transmission and related components for as long as they were making payments. When the vehicle developed serious engine problems, Defendants refused to make repairs even though the Plaintiffs were still making payments. Plaintiff's requested a refund; Defendants refused but instead only offered the option of purchasing another vehicle and receiving credit for amounts paid and proceeds from the sale of the Ford at a salvage auction. Defendants wrote up a new contract for the purchase of a Mercury Sable then repossessed it ten days later alleging failure to make payment, even though Plaintiffs were current on their payments. At that point, the Plaintiffs had paid $2,965.00 toward the Ford. The total cash price for the Mercury was $2,300.00, $665.00 less than Plaintiffs had already paid. Plaintiffs later learned that the Ford sold for $900.00, but no credit was ever given to the Plaintiffs. Plaintiffs sought counsel and ultimately obtained a default judgment against Defendants for $30,215.55.
Case: White v. Fred Martin Chevrolet
Award: $4,600.00 plus $46,149.13 in attorney fees
Description: Plaintiff purchased a used car. Plaintiff traded in her old vehicle as a down payment on the purchased vehicle. Plaintiff left with the purchased vehicle with the understanding the deal was completed. Approximately a month later the dealer told her that they could not get her financed and she would have to return the vehicle. She returned the vehicle and asked about the return of her vehicle that she had traded in. They informed her they had already sold that vehicle. The dealer had allowed $1200.00 for the vehicle as a trade in. Plaintiff asked for her $1200.00 since they sold her vehicle and they refused. The dealer refused the pay her anything. Plaintiff brought suit and the parties agreed to arbitrate the matter. The arbitration panel ultimately awarded Plaintiff $1200.00 for the dealer's violation of the Consumer Sales Practice Act. Her damages were multiplied by three for a total of $3600.00 plus statutory damages of another $1000.00 plus attorney fees of $46,149.13.
Case: Belfance, et. al. v. Resash Inc.
Judgment: $175,016.89 inclusive of attorney fees
Description: The owners and operators of Defendant, Resash, refused to have their company Resash pay a judgment in favor of a consumer over a couple years period. Resash then went out of business. Plaintiff pursued the owners of Resash for continuing to operate the company without paying the judgment of the consumer. The court refused to hold the owners and operators personally liable.
Case: Simmons v. Penn Warranty Corporation
Judgment: $6,106.08 plus $24,627.42 in attorney fees
Description: Plaintiff purchased a used car with a warranty that was provided by Penn Warranty Corporation. With less than a 1,000 miles on the vehicle, the engine had to be replaced. Plaintiff requested Penn Warranty to replace the engine; they refused. Plaintiff paid for the replacement and brought suit. The court found that Penn Warranty violated the consumer sales practice act for failure to honor their warranty obligations. They awarded the Plaintiff his damages and then tripled them totaling $6,106.08. The court also awarded attorney fees in the amount of $24,627.42.
Case: Hokes v. Ford Motor Co.
Judgment: $166,000.00 plus $103,483.00 in attorney fees
Description: Plaintiff purchased a brand new Ford conversion van and had continual problems with the starting system. Sometimes it would start, sometimes it would not start. Ford was unable to fix the problem but refused to take the vehicle back. The van ultimately broke down on a trip to Nebraska and left the Plaintiff stranded for a week and a half while major repairs were made. The vehicle continued to have problems and Plaintiff pursued their lemon law case. The verdict was ultimately reduced on appeal.
Case: Fink v. American Suzuki Motor Corp.
Judgment: $14,819.20 in attorney fees
Description: Plaintiffs purchased a brand new 2001 Suzuki Savage motorcycle from Midwest Motor Sports in response to representations made by the Defendant that the vehicle was reliable and dependable, and further in response to and reliance upon the express and implied warranties. Since taking delivery of the vehicle, Plaintiffs have experienced significant and ongoing problems, defects, or nonconformities, which have caused the vehicle to be out of service and in the repair facility on numerous occasions. All of this has occurred within the first year of ownership and less than 1300 miles. Suzuki refused to take it back and the Plaintiff brought suit. Suzuki finally agreed to buy the motorcycle back, pay off the bank, pay all out of pocket expenses and pay the Plaintiff consumers attorney fees. Suzuki objected to treatment of attorney fees and the court ordered Suzuki to pay all of the attorney fees sought in the amount of $14,819.20 plus court costs and interest.
Case: Camp v. Fleetwood et al.
Judgment: $142,500.00 plus $186,015.14 in attorney fees
Description: The vehicle sustained damage to the body in a collision with the utility pole and railroad tie. The top rear passenger corner of the vehicle struck a utility pole causing damage to the rear back panel, entire side panel, and roof panel of the motor home where the three meet at the top right, rear corner. The railroad tie wall sustained damage to the lower, left rear corner. The vehicle was taken back to Fleetwood where the motor home had to undergo major disassembly in an effort to repair the motor home. The vehicle was out of service for over a year and was never truly properly repaired. The Plaintiffs asked that Fleetwood take the vehicle back and Fleetwood refused. On the morning of trial, Ford and Fleetwood settled the matter on the record and enter into a judgment for $142,500.00 for Plaintiff's damages and $186,015.14 in attorney fees.
Case: Pilz v. Ford Motor Company
Description: Plaintiff leased a brand new Ford Pickup Truck. Within one month of possession, the vehicle's transmission had to be repaired. The problems with the transmission continued to recur and with subsequent repairs the vehicle was out of service a total of 81 days within the first year. Plaintiff asked Ford to take the vehicle back. Ford refused and Plaintiff filed suit. Ford, ultimately, confessed judgment and paid Plaintiff the statutory lemon law damages. The court refused to award attorney fees. The verdicts and judgments above are public record. In the vast majority of cases, the parties are able to reach a settlement before a case culminates in a verdict or judgment. In our experience cases have settled everywhere from prior to lawsuits being filed to moments before a jury returns a verdict. The terms of these settlements are typically not public record, and as such, we do not publicly divulge this information.
Case: Estate of John Lake v. Carlos Reid, et al.
Judgment: $8,000,000.00 compensatory and $4,000,000.00 punitive
Description: Decedent suffered injuries in a traffic incident at an intersection. He was rushed to the hospital and admitted after undergoing emergency surgery. He subsequently died several days later from his injuries. He left a wife, a daughter, and three sons.
Recent Arbitration Awards
Case: John Doe v. Progressive Insurance
Award: $40,000 and $4,000 in punitive damages.
Description: Defendant was intoxicated and hit the Plaintiff's vehicle head on. The Plaintiff, a taxi driver, suffered back and neck pain. The Plaintiff was unable to drive for a period of time after the collision. The Arbitrators awarded compensation to the Plaintiff and punitive damages against the Defendant.
Case: John Doe v. State Farm Mutual Automobile Ins. Co.
Description: Plaintiff's vehicle was struck by the Defendant, an uninsured driver. The Plaintiff suffered multiple broken bones. The Plaintiff's insurance policy covered uninsured drivers and medical payments. The Arbitration Award was $89,552.00.
Recent Select Settlements
Case: John Doe v. Auto Owners Mut. Ins. Co., et al.
Description: Plaintiff's vehicle was struck broadside when the Defendant driver failed to yield at a stop sign. The impact caused the Plaintiff's vehicle to flip over, throwing the Plaintiff out of his vehicle and pinning him underneath it. The Plaintiff was taken by life flight to the hospital for treatment. The vehicle was declared a total loss.
Case: John Doe v. ABC Trucking Co.
Description: The Plaintiff, driving a pickup, was struck at an intersection by a tractor trailer. He was taken by EMS from the scene of the collision to the hospital. There he was admitted for treatment of his injuries, which included a subdural hematoma that needed to be surgically evacuated.
Case: Jane Doe v. Ryan Homes, et al.
Description: The Plaintiff purchased a new house from the Defendant. Due to negligent construction, the Plaintiff's new home flooded twice. The case was settled for $110,000.00.
Case: John & Jane Doe v. Nationwide Mut. Ins. Co., et al.
Description: The Defendant failed to yield the right of way while making a left turn, resulting in a collision with the Plaintiffs' vehicle. The Plaintiffs were injured in the collision. One Plaintiff required back surgery. The Defendant was uninsured. The Plaintiffs' insurer, Defendant Nationwide, settled the case for $90,000.00.
Case: John Doe v. Jane Doe
Description: The Defendant turned left in front of the Plaintiff, causing a collision. The Plaintiff fractured his knee and had to undergo three operations. The Plaintiff was hospitalized for seven months. The case was settled for the insurance policy limits of $300,000.00.
Case: John Doe v. ABC Trucking Co.
Description: The Plaintiff was driving when the Defendant failed to yield and caused his truck to collide with the Plaintiff's vehicle. The Plaintiff sustained a fractured bone in his hand and carpal tunnel syndrome. The Defendant settled for $193,934.27.
Case: The Estate of Jane Doe v. Allstate Ins. Co.
Description: The Plaintiff was a passenger in her sister's car when her sister lost control of the vehicle and collided with a guard rail. The Plaintiff was taken via life flight to the hospital where she died of her injuries days later. The Plaintiff's Estate pursued compensation from the sister's insurance company for wrongful death and a survivorship claim on behalf of the Plaintiff's children. This case was settled for the policy limits of $252,000.00.
Case: John Does 1 through 4 v. Multiple Companies
Description: The Plaintiffs sustained Reactive Airway Dysfunction from a chemical exposure during their work.
Case: Jane Doe v. Ganley Ford, Inc., et al.
Description: The Defendant violated the Consumer Sales Practice Act by selling the Plaintiff a vehicle without disclosing it's history as a daily rental vehicle. The vehicle had no-start problems, which the Defendant refused to resolve with the Plaintiff. The case was settled for $34,736.41.
Case: John Doe v. Car Manufacturer
Description: The Plaintiff purchased a used car from a dealership and later discovered that it had a branded title, and had already been deemed a "lemon" prior to her purchase. When she inquired with the dealership, they provided her with a disclosure notice that had her forged signature on it. The case settled for $69,000.00.
Case: Jane Doe v. John Doe
Description: Defendant came left of center and struck Plaintiff's vehicle, knocking it off the roadway and over turning it. Plaintiff sustained multiple cuts and abrasions. She was taken to the emergency room, checked out and released. She followed up with her family physician and a specialist. The lawsuit settled for $75,000.00.
Case: John Doe v. John Doe
Description: Plaintiff was a passenger in a friend's vehicle when the friend lost control and slid into the side of a semi-truck. Plaintiff suffered a scalp and knee laceration, requiring stitches and some follow up care. The lawsuit settled for $48,000.00.
Case: John and Jane Doe v. Ohio Mutual Insurance Company
Description: Plaintiffs brought a direct action against Ohio Mutual Insurance Company rising out of a collision caused by an Ohio Mutual Insured. The claim against Ohio Mutual was based upon their refusal to return the Plaintiffs' totaled vehicle after Ohio Mutual removed it from the tow yard. Ohio Mutual sought Summary Judgment to remove themselves from the case. The legal issue was briefed and the Court declined to let them out of the case. Both Plaintiffs were injured and treated at the emergency room, and both followed up with their primary care physician. The case ultimately resolved for $62,400.00.
Case: Jane Doe v. Jane Doe
Description: Defendant came left of center and hit the Plaintiff head-on, totaling both vehicles. Plaintiff sustained bruises and abrasions on the left side of her body. Plaintiff hit her head on the driver's side window and fractured her thumb. Plaintiff was transported to the emergency room, followed up with her primary care physician, underwent physical therapy and saw a hand specialist. No surgery was required on her thumb. Case settled for $57, 843.00.
Case: John Doe v. Jane Doe
Description: Jane Doe pulled out in front of John Doe's pickup truck and John Doe struck Jane Doe's vehicle in a T-bone fashion. Plaintiff suffered neck and back pain and headaches. He was treated and released at the emergency room, followed up with his primary care physician and underwent physical therapy. Case settled for $60,500.00.
Case: John Doe v. Jane Doe
Description: Defendant rear ended the Plaintiff. Plaintiff suffered neck injuries, headaches and vision disturbances requiring him to take off work for approximately ten months. Case settled for $75,000.00.
Case: John Doe v. John Doe
Settlement: $50,000.00 (Policy Limits)
Description: Defendant ran a light and struck the Plaintiff in the side, injuring the Plaintiff's left leg, which in turn blocked his dialysis port. The Plaintiff required surgery to re-establish the port.
Case: The Estate of Jane Doe v. John Doe
Settlement: $276,088.24 (Policy Limits)
Description: Jane Doe was helping an elderly man scrape ice from the windows of his vehicle, which was parked in his driveway, so he could go to a medical appointment. The elderly man got in the vehicle to start it. He then put the vehicle in gear and ran over Jane Doe, killing her. Due to the fact that she was killed by his vehicle, which was also on his property, claims were made under both homeowners and auto insurance policies. Ultimately, both coverages paid their policy limits, along with some ancillary coverages that were uncovered in the process.
Case: John Doe v. Cintas
Description: John Doe was driving a tractor trailer on the highway when a Cintas Uniform truck lost control on a snowy on-ramp and ran into the side of the tractor trailer. This caused the tractor-trailer to jackknife. The Plaintiff was jerked about inside the tractor trailer in the process. He incurred neck and back injuries which lasted about a month. Workers Compensation paid $2,700.00 for his medical treatment. We alleged a claim for punitive damages against Cintas as the vehicle's tires were worn out and in violation of safety regulation. The case settled for $32,834.00.
Appellate Decisions (1989 - Present)
Akron v. Hawthorne(Feb. 8, 1989), 9th Dist. No. 13670
City of Akron v. Newman (Oct. 25 1989), 9th Dist. No. 14169
Fearon v. Kohler (Dec. 18, 1989), 5th Dist. No. CA-7888
Thomas v. Pearch (July 18, 1990), 9th Dist. No. 14454
Allen v. R.G. Indus. Supply Co., Inc. (July 18, 1990), 9th Dist. No. 15005
Allen v. R.G. Indus. Supply Co., Inc. (1993), 66 Ohio St.3d 229 (co-counsel)
State v. Lambert (Nov. 27, 1991), 9th Dist. No. 15141
State v. Bumbalough (1992) 81 Ohio App.3d 408
Brooks v. Progressive Ins. Co. (July 20, 1994), 9th Dist. No. 16639
Armstrong v. A & R Tire Co. Inc. (Aug. 30, 1995), 9th Dist. No. 17102
Lattanzi v. Travelers Ins. Co. 72 Ohio St.3d 350, 1995-Ohio-189, Amicus Curiae
Fortner v. Ford Motor Co. (Feb. 9, 1998), 5th Dist. No. 1997CA00177
Craven v. Nationwide Mut. Ins. 9th Dist. No. 18490
Bagnoli v. Northbrook Property and Cas. Ins. Co. (Dec. 22, 1999), Stark C.P. No. 97CV01930
Bagnoli v. Northbrook Property and Cas. Ins. Co., 86 Ohio St.3d 314, 1999-Ohio-108
Himebaugh v. Plain Local School Dist. (Jan. 10, 2000), 5th Dist. No. 1999-CA-0150
Zeber v. Herd (June 14, 2000), 9th Dist. No. 19602
Inserra v. J.E.M. Building Corp. (Nov. 22, 2000), 9th Dist. No. 99-CA-2973
Hiney Printing v. Brantner, 243 F.3d 956 (6th Cir. 2001)
Inserra v. J.E.M. Bldg. Corp., 91 Ohio St.3d 1481, 2001-Ohio-4436
Cox v. Indemnity Ins. Co. of N. Am., 9th Dist. No. 21553, 2003-Ohio-6576
Tano v. Nationwide Mut. Ins. Co., 9th Dist. No. 21692, 2004-Ohio-1237
Coffman v. Stoll (Feb. 23, 2005), 9th Dist. No. CA 22189
Coffman v. Stoll, 7/13/2005 Case Announcements, 2005-Ohio-3490
Whitaker v. M.T. Automotive, Inc., OH Supreme Court No. 05-331, Amicus Curiae
Hokes v. Ford Motor Co., 9th Dist. Nos. 22502, 22577, 2005-Ohio-5945
Hokes v. Ford Motor Co., 9th Dist. No. 22602, 2005-Ohio-5182
Smith v. State Auto Insurance Co. (Sept. 6, 2002), 8th Dist. No. CA-02-081699
Smith v. State Auto Insurance Co. (Sept. 20, 2002), 8th Dist. No. CA-02-081738
Smith v. State Auto Insurance Co. (June 2, 2003), 8th Dist. No. CA-03-082442
Ball v. Ohio State Home Services, Inc. dba Ohio State Waterproofing, et. al., (Aug. 30, 2006) Summit App. No. CA 23063
Ross v. Shively, 2007-Ohio-5118, 23719
Curtin v. Mabin, 2008-Ohio-2040, 89993
Estate of Helsep v. Allstate Ins. Co., 2010-Ohio-2722, 09-CA-282
Siegfried v. Farmers Ins. of Columbus, Inc., 933 N.E.2d 815, 187 Ohio App.3d 710, 2010-Ohio-1173 (Ohio App. 9 Dist. 2010)
Bennett v. State Farm Mutual Automobile Insurance Company, 731 F.3d 584 (6th Cir. 2013)
Griffith v. Aultman Hospital, 2014-Ohio-1218, Amicus Curiae
Farmers Insurance v. Dillon, Ohio Supreme Court Case No. 2014-0451, Amicus Curiae
Frank v. Westfield Natl. Ins. Co., 2017-Ohio-1026
Appellate decisions are a resolution on an issue of law.