REPORTED CASES:

Please click on any of the case titles below to read more information.

Pariseau v. Wedge Products, Inc. (1988) 36 Ohio St. 3d 124, 522 NE2d 511.

This was one of the first employment intentional tort cases ever tried in Ohio and had been the subject of two appeals before it ever went to trial. The plaintiff had parts of four fingers amputated traumatically in a punch press. The plaintiff claimed the press had been malfunctioning prior to the time of the accident and despite the known malfunctions, he was instructed to continue producing parts because an order had to be completed that night. The trial resulted in a verdict for the plaintiff in the amount of $450,000, which was thrown out by the trial judge. The Court of Appeals reinstated the verdict and the Ohio Supreme Court heard my appeal and granted judgment for the defendant, setting aside the verdict for the plaintiff.

Harasyn v. Normandy Metals, Inc. (1990) 49 Ohio St. 3d 173, 551 NE2d 962.

This case was a declaratory judgment action seeking coverage for the employer for an intentional tort claim. The trial court found there was coverage, but the Court of Appeals found it was against public policy to provide the coverage. The Ohio Supreme Court agreed with my position and granted coverage to the employer.

Westlake v. Mascot Petroleum (1991) 61 Ohio St. 3d 161, 573 NE2d 1068.

This case involved a municipal ordinance, which banned the sale of alcoholic beverages from a convenient store located on the same site as a gasoline service station. The retailer had obtained a permit from the Ohio Department of Liquor Control, but the trial court and the Court of Appeals found that Westlake could legislate out the sale of alcoholic beverages from the service station location. The Ohio Supreme Court ruled that the Ohio Department of Liquor Control had exclusive jurisdiction over permits for the sale of liquor and superseded the Westlake Ordinance.

Ohio Assn. of Private Detective Agencies, Inc. v. N. Olmsted (1992) 65 Ohio St. 3d 242, 602 NE2d 1147.

In this case, I represented the Ohio Association of Private Detective Agencies, Inc. in a challenge to a registration ordinance in the City of North Olmsted. The Ohio Supreme Court agreed with my position that state law was controlling and found the ordinance to be unconstitutional.

Bldg. Industry Assn. of Cleveland and Suburban Counties v. City of Westlake (1995) 103 Ohio App. 3d 546, 660 NE2d 501.

The City of Westlake enacted impact fees to help in paying for recreation facilities and their operation. The ordinance was challenged on the basis that it was a tax and that there was no reasonable basis for the fee amount. The Court of Appeals found the ordinance to be inappropriately drafted and not permissible as an impact fee. It found the ordinance unconstitutional as written.

Walworth v. B P Oil Co. (1996) 112 Ohio App. 3d 340, 678 NE2d 959.

The plaintiff brought this action against BP Oil, Co. seeking liability for an alleged kidnapping from one of its store locations, claiming that BP had a duty to protect plaintiff from criminal activity on the premises. There was no history of criminal activity on or near the premises. Despite the plaintiff’s behavior in dealing poorly with a vagrant, the jury granted a verdict in favor of the plaintiff and that judgment was affirmed by the Court of Appeals.

K-Mart Corporation v. Westlake City Council (1997) 121 Ohio App. 3d 371, 701 NE2d 787.

K-Mart had purchased land to erect one of its “Big Box K-Mart stores” over 200,000 square feet in size. The City rejected the proposal based upon its zoning classifications and the City Guide Plan. The trial court agreed with Westlake and the Court of Appeals confirmed that judgment.