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.