Experience
Court Cases
Selected court cases:
- RWI Transportation LLC v. California Employment Development Department (5308590)
Reversing imposition of a multimillion dollar state tax assessment by establishing that fleet and long haul drivers are independent contractors, not employees. - Goode v. Deaconess Hospital (A0708530)
Hamilton County Common Pleas
Defense verdict--Employee's lumbar and cervical disc conditions not caused by work-related injury. - Crawford v. General Motors Corp. (A-9110056)
Hamilton County Common Pleas
Defense verdict--Product liability--alleged defective seatbelt. - General Accident Ins. Co. v. Black & Decker (US) Inc.
Hamilton County Common Pleas
Judgment in favor of Defendant in product liability claim (bench trial). - Birkenheuer v. Black & Decker (U.S.), Inc.
We represented a major household product manufacturer in a personal injury matter in Hamilton County, Ohio. The Plaintiff alleged she had suffered significant injuries when operating a hand-held mixer. The case went to trial. By utilizing effective presentations from our expert witnesses, including a live demonstration for the jury, and cross-examination of the Plaintiff and her expert witnesses, we were able to obtain a defense verdict on behalf of our client. - Wendt v. City of Hamilton (CV 2006-06-1966)
Butler County Common Pleas
Defense verdict--Firefighter’s heart attack not caused by cumulative effects of smoke, heat and gas. - Coleman v. City of Hamilton (CV 2004 10 2942)
Butler County Common Pleas
Defense verdict--Employee’s leg injuries not sustained in scope and course of employment. - Stone v. Ball Corp. (03 CVD-10-11034)
Franklin County Common Pleas
Defense verdict--Employee’s psychological condition not caused by work-related injuries. - Adkins v. Ball Corporation (A0101858)
Hamilton County Common Pleas
Defense verdict--Employee’s additional conditions not caused by work-related injuries. - Connelly v. Deaconess Hospital (A0005271)
Hamilton County Common Pleas
Defense verdict--Employee’s additional conditions not caused by work-related injuries. - Frazier v. Quest Diagnostics
Defense verdict--Employee’s additional conditions not caused by work-related injuries (bench trial). - Miller v. Procter & Gamble Mfg. Co.
Directed verdict in favor of premises owner versus employee of independent contractor.
Published Decisions - Federal
Selected published decisions - Federal:
- Lavender v. City of Blue Ash, 162 Federal App. 548, (6th Cir. 2006)
Summary judgment upheld--Officers who detained plaintiff had reasonable belief that armed robber might have been in car, and were justified in using force to secure scene. - Watson v. City of Mason, No.: C-1-04-283, United States District Court for the Southern District of Ohio, Western Division, 2005 U.S. Dist. Lexis 27116, (November 8, 2005).
Summary judgment upheld--city’s municipal court building did not violate ADA. - Feinthel v. Payne, No. 04-3057, United States Court of Appeals for the Sixth Circuit, 121 Fed. Appx. 60; 2004 U.S., (December 30, 2004).
Summary judgment upheld--City policy did not cause the injuries, there was probable cause for the search and arrest, and the force was proper under the circumstances. - Paquette v. City of Mason, 250 F. Supp. 2d 840; 2002 U.S. Dist. Lexis 25934, (September 3, 2002).
Summary judgment upheld--Employee’s e-mail did not constitute a matter of public concern, and city did not violate Ohio’s Whistleblower Act. - Johnson v. City of Mason, 101 F. Supp. 2d 566; 2000 U.S. Dist. Lexis 8604,
(April 4, 2000).
Summary judgment upheld--Employee’s right leg injury and resulting limitations did not constitute disability within meaning of ADA. - Rucker v. City of Kettering, 84 F. Supp. 2d 917; 2000 U.S. Dist. Lexis 1765,
(February 7, 2000).
Motion for preliminary injunction in civil rights action for denial of employment on basis of gender was denied. - Black v. City of Blue Ash, USDC Southern Dist. Of Ohio, C-1:08-CV-00584
Summary judgment granted—plaintiff passenger's constitutional rights were not violated by defendants in the course of a police chase. - DeWald v. Emery Oleochemicals
Defense Verdict—Employee was neither discriminated against nor retaliated against under the Americans with Disabilities Act ("ADA") and Ohio state law (second-chair).