In the course of more than 35 years of practice, I have successfully handled thousands of clients’ matters, including various stages of litigation and business and estate planning.
These have included prosecuting and defending professional negligence (malpractice) claims against lawyers, doctors, accountants, hospitals and architects; automobile and premises liability personal injury actions; insurance contract coverage disputes; commercial contract litigation and enforcement; construction-related claims; real estate foreclosure and foreclosure disputes; employment discrimination claims; domestic relations, parental rights and divorce; damages following breach of fiduciary duties during trust and probate administration; contested changes of institutional trustees; and intellectual property litigation.
I have represented business clients with have interests or facilities in such different locales as Canada, China, Denmark, France, Great Britain, Germany, Mexico and the United States, for whom our principal services involve drafting or litigating commercial instruments and business advice.
We also assist families to develop and plan simple wills or complex estate tax planning trusts, corporate succession and trusts for children with special needs.
The following sample cites of a few of the more than 50 published appellate decisions which I have litigated.
Not included are cases that were not appealed following final trial court decisions, or that were settled prior to trial.
A. Lawyer Malpractice, Misconduct, or Defense of Same:
Crystal v. Wilsman (2003, Cuyahoga Co.), 151 Ohio App.3d 512, 784 N.E.2d 764, 2003-Ohio-427 — discovery rule applied to allow divorce client’s lawsuit to proceed when she discovered attorney’s wrongful act, some eight years after representation terminated.
Mack v. Carlin (1987, Portage Co. App.), 1987 WL 9127 — client allowed to proceed against attorney who settled underlying case contrary to client’s instructions after trial court forced client to accept settlement negotiated by his former attorney.
Macklin v. Newman (1985, Cuyahoga Co. App.) 1985 WL 6827 — realtor whose license to sell real estate impaired by wrongful conduct of another’s attorney allowed to sue lawyer for damages.
In re Estate of Lindquist (1994, Portage Co. App.), 1994 WL 587979 — probate court rule limiting attorney fees to a percentage of estate held an impairment of attorney’s right to reasonable compensation.
State ex rel. Waterman v. City of Akron (1992, Summit Co. App.) 1992 WL 308525 — mandamus action enforced right of attorney who solicited lawsuits to obtain municipality’s accident reports as public records.
B. Probate Litigation
Bland v. Graves (1994, Summit Co.), 99 Ohio App.3d 123, 650 N.E.2d 117 — will contest action resulted in verdict to set aside will in $2.5 million estate; following appeal, new trial ordered and case settled.
Sudan Inc. v. Village of Chagrin Falls (1991, Cuyahoga Co. App.), 1991 WL 204973 — parking ordinance held unconstitutional when applied to prevent weight loss clinic’s application to operate as a retail business
Ketchel v. Bainbridge Tp. (1990), 52 Ohio St.3d 239, 557 N.E.2d 779, 1 A.L.R.5th 1137 — by a 4-3 decision, the Ohio Supreme Court held that large lot sizes are within the power of a township to zone when arguable purpose is to protect underground water supply, in spite of evidence of significantly impaired market value of land.
D. Personal Injury/Product Liability
Piersant v. Bryngelson (1989, Cuyahoga Co.), 61 Ohio App.3d 359, 572 N.E.2d 800 — injured party allowed to vacate release of claims obtained before discovery of extent of injury, in order to maintain action against responsible driver.
Prokasy v. Pearle Vision Center (1985, Cuyahoga Co.), 27 Ohio App.3d 44, 499 N.E.2d 387, 27 O.B.R. 4 — Sales Act recognized as stating separate cause of action for product liability claim arising out of vision impairment following dispensing of improperly filled contact lens prescription.
E. Commercial Litigation
Horvat v. Integrated Petroleum Co., Inc. (1986, Trumbull Co. App.), 1986 WL 10004 — oil and gas limited partnership ordered to be allowed to intervene in landowner’s action to cause forfeiture of oil and gas lease issued to related-entity well drilling company.
F. Criminal Law
State v. Ferguson (1983), 5 Ohio St.3d 160, 450 N.E.2d 265, 5 O.B.R. 380 — new trial ordered following rape conviction of case tried by another attorney.