Verdicts and Settlements
Business Litigation Cases
Helmick v. Cincinnati Word Processing, Inc.
45 Ohio St.3d 131 (1989), in Which we
represented Cincinnati Word Processing, Inc. in
defense of a sexual harassment claim brought by
female employee Helmick against her employer,
Cincinnati Word Processing, Inc. based on
alleged sexual harassment of her male boss. The
Trial Court granted Cincinnati Word Processing's
Motion For Summary Judgment. The Court of
Appeals reversed the Trial Court's decision.
Cincinnati Word Processing appealed that
decision to the Ohio Supreme Court which
accepted the case and concluded that an issue of
fact existed regarding an exception to the
"employment-at-will" doctrine.
Simpson V. Big Bear Stores Company, 73 Ohio
St.3d 130 (1995), in which we represented Big
Bear Stores Company in defense of a claim
brought by Mary Falkenberg (an elderly female
customer), alleging inadequate security. She was
indisputably assaulted in the parking lot
outside the store. Big Bear Stores' Motion for
Summary Judgment was granted by the Honorable
Richard S. Sheward; his Decision was upheld by
the Franklin County Court of Appeals. Simpson (Falkenberg's
Executor due to Falkenberg's subsequent death)
appealed to the Ohio Supreme Court which
affirmed Judge Sheward's Decision in favor of
our client, Big Bear.
Great Oaks Company, Inc. vs. Cincinnati
Insurance Company et. al., Case No. 88-LW-1549
(10th District Court of Appeals, 1988), in which
a business filed a declaratory judgment action
to determine whether its insurance agent was
negligent in failing to obtain insurance
coverage or, in fact, bound coverage with an
insurance company (our client) after the
business sustained a fire loss to its building
resulting in several hundred thousand dollars of
damage. After a six-day trial, the jury returned
a verdict in favor of our client and against the
insurance agency. The Trial Court then assessed
prejudgment interest against that insurance
agency.
Michael Rutter v. South Central Power Co., et
al., in which a man sued an Ohio utility company
(which we represented) alleging violation of the
National Electric Safety Code. The Plaintiff was
riding on the rear of a tractor-trailer which
transported a house along a road. The driver of
the vehicle observed an electrical wire above
the roadway which impeded his path of travel.
The passenger climbed a ladder and attempted to
raise the wire so that the house could pass
underneath it. He sustained an electric shock,
causing him to fall 20 feet to the pavement and
strike his head, resulting in permanent brain
damage. The Plaintiff/passenger requested the
jury to award several million dollars. The jury
rejected the claim against our client, returned
a verdict in favor of the utility company and
rendered a verdict in favor of the brain injured
man against the co-defendant truck driver.
Michael E. Miksch vs. T-Shirts Plus, Inc.,
Case No. 85-LW-4422 (10th District Court of
Appeals, 1985), in which we represented the
owner of a national company (franchisor) in
defense of a claim brought by a franchisee. It
was a case of first impression in Ohio alleging
violation of R.C. §1334.01 et seq., i.e. the
Business Opportunity Purchaser's Protection Act.
The franchisee claimed economic damages in
excess of $300,000.00. The matter was tried to a
Judge who returned a verdict in favor of our
client.
Richard T. Johnson vs. Board of Franklin
County Commissioners, et. al., Case No.
94-CV-00813, Franklin Co Common Pleas Court, in
which we represented Franklin County Sheriff Jim
Karnes and the Board of Commissioners of
Franklin County in defense of a $20.5 million
civil rights action for personal injuries and
permanent disability due to brain damage
resulting from alleged violations of the Eight
Amendment of the U.S. Constitution and 42 U.S.C.
§1983. After a five-day jury trial before the
Honorable Judge Norah McCann King in U.S.
District Court in Columbus, Ohio, the jury
returned a verdict in favor of our clients,
Sheriff Karnes and the Board of Commissioners of
Franklin County.
John Wiechel, et al vs. Entrecept, Inc., dba
White Mountain Creamery, Case No. 94-CV-00650,
Franklin Co. Common Pleas Court, in which we
represented franchisee against a national
company (franchisor) in a case alleging
violations of the Business Opportunity
Purchasers Protection Act, i.e. R.C. §1334.01,
et seq. The case was tried for three days to the
Honorable Judge Terence P. Kemp in U.S. District
Court in Columbus, Ohio.
National City Bank of Marion vs. Turner and
Shepard Insurance Agency, Inc. American
International Group (AIG) vs. Personal Service
Insurance Company dba Anson B. Smith, Inc., in
which a large Ohio Bank sued a prominent
insurance agency (represented by us) alleging
negligence of the business insurance agent in
failing to obtain desired coverage, which
resulted in a significant fire loss to property
at the bank.
American International Group (AIG) v.
Personal Service Insurance Company dba Anson B.
Smith, Inc., in which an insurance company had
errors and omissions coverage with another
insurance company (our client) and sued that
company for "bad faith" refusal to settle a
claim against the former company, alleging
damages of several hundred thousand dollars. In
a three-day trial the Honorable David E. Cain
directed a verdict in favor of our client at the
close of the first insurance company's evidence.
John Doe vs. King’s Department Store, in
which a store customer sued a department store
(which we represented) alleging false
imprisonment and slander. The Trial Court
directed a verdict in favor of the store at the
close of Plaintiff's evidence.
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