Case Summaries
The attorneys at Sutter O'Connell have significant experience handling complex and difficult litigation involving catastrophic injuries and death in cases throughout the nation. Our extensive jury trial experience and successful track record is demonstrated below. If you need an attorney with trial expertise to defend you in a personal injury claim, contact Sutter O'Connell today for a consultation.
Appellate
Peffer v. Cleveland Clinic Foundation: 2011 -Ohio- 450 (slip)
Minor's mother filed medical malpractice action against health care providers alleging a delay in diagnosis and treatment of herpes simplex encephalitis (HSE), a condition that caused irreversible brain damage. Following a jury trial, the Cuyahoga County Court of Common Pleas entered judgment for the providers. The mother appealed, claiming among other things errors of admissibility of hearsay evidence, expert testimony and improper closing arguments by defense counsel. The Eighth District Court of Appeals affirmed.
Clements v. Lima Memorial Hosp.: 2010 -Ohio- 602 (slip)
Parents, individually, and as parents and natural guardians, brought a medical malpractice action against a hospital and nurses for failing to recognize and treat a newborn's hypoglycemia, which allegedly caused brain damage. The Court of Common Pleas of Allen County, Ohio entered judgment on a jury verdict for defendants, the parents appealed, and the Third District Court of Appeals unanimously affirmed. The Court held that the jury's instruction on foreseeability did not prejudice the plaintiffs, and despite admitted negligence by the nurses, there was conflicting evidence as to proximate cause and the trial court properly denied the parents' motion for a directed verdict.
Fletcher v. University Hosps. Of Cleveland: 120 Ohio St.3d 167 (2008)
Administrator of patient's estate brought a wrongful death action against a hospital and physician without a requisite certificate of merit attached to the Complaint. The Court of Common Pleas of Cuyahoga County granted Defendants' motions to dismiss for failure to state a claim and dismissed the action with prejudice. The administrator appealed, and the Eighth District reversed and remanded. Defendants appealed and jurisdiction was accepted by the Supreme Court of Ohio, who reversed and remanded in favor of the hospital and provider.
Gable v. Gates Mills, et al.: 103 Ohio St.3d 449 (2004)
Front seat passenger who was paralyzed in car accident brought products liability action against car manufacturer, claiming he was injured by defective condition in car's air bag. The Cuyahoga County Court of Common Pleas entered judgment on a jury verdict in favor of the manufacturer. The Passenger appealed and the Eighth District Court of Appeals vacated and remanded. Manufacturer appealed to the Supreme Court of Ohio, discretionary review was allowed and the Court reversed and reinstated the jury's verdict for the manufacturer holding that evidence of seatbelt non-use was relevant and admissible.
Kaffeman v. Maclin: 150 Ohio App. 3d 403 (2002)
Widow of worker, who had been crushed to death when a trash compactor fell from a truck, brought a wrongful-death action against the freight company and its employee. The Court of Common Pleas of Cuyahoga County entered judgment on a jury verdict for the widow. Defendants appealed to the Eighth District, and the Court of Appeals reversed and remanded, holding that judicial misconduct, specifically the trial judge's hostility toward the defendants and the judge's determination of a fixed anticipatory judgment, warranted a new trial.
Automobile Product Liability
Arroyo v. Ford Motor Company: Crashworthiness claim
Death to a mother of four; four personal injury claims with medical specials over $500,000.00 (WV, defense verdict)
Cronk v. Ford Motor Company: Unintended park-to-reverse shift claim
Closed head injury, collapsed lungs, ruptured spleen and multiple fractures (OH, defense verdict)
Forrest v. DaimlerChrysler: Improper airbag deployment claim
Closed head injury (OH, defense verdict)
Gable v. DaimlerChrysler: Defective air bag claim
35-year-old man was rendered quadriplegic (OH, defense verdict)
Handy v. DaimlerChrysler: Air bag claim
Alleged traumatic brain injury to 55-year-old woman (OH, defense verdict)
Huber v. Ford Motor Co.: Unintended acceleration claim
Death of 14-year-old passenger; driver fractured hip (WV, plaintiff verdict)
Manes v. DaimlerChrysler: Defective seat belt claim
4-year-old rendered quadriplegic (TN, defense verdict)
Pool v. Ford Motor Company: Defective wiring harness claim
Total loss of Ford Windstar (OH, defense verdict)
Rephan v. Chrysler: Defective airbag claim
Multiple orthopedic injuries with closed head injury (TN, defense verdict)
Richardson v. DaimlerChrysler: Manufacturing defect in driveshaft claim
Permanent brain injury (WV, plaintiff verdict below offer)
Roeder v. DaimlerChrysler: Defective seatbelt and A-pillar claim
Quadriplegia (OH, defense verdict)
Skorowonski v. Ford Motor Company: Defect in brake line claim
Traumatic brain injury and loss of vision to a medical doctor (IL, defense verdict)
Commercial Litigation
Zaremba v. Simon: Condominium association breach of contract claim
Commercial dispute for $365,000 (OH, defense verdict)
Construction Accident/Insurance Coverage
Rapine v. Gilbane Construction: Negligence/workplace safety claim
Severe head injury (PA, settled with plaintiff during trial, won verdict against third party defendant)
Dietary Supplement/Pharmaceutical
Elder v. Rite Aid of Ohio v. Asereth Medical Services: Wrongful death/contribution and indemnification claim (OH, third party plaintiff verdict)
Stumpe v. Metabolife: Defective design/inadequate warning/fraud and misrepresentation claims
Cardiac vasospasm and heart attack (MO, settled during trial)
Environmental & Toxic Tort
Bier v. Chrysler: Workplace injury claim
Pleural Mesothelioma (OH, defense verdict)
Blandford v. Garlock: Wrongful death claim
Death by asbestos exposure (OH, plaintiff verdict)
Cox v DaimlerChrysler: Workplace wrongful death claim
Death by peritoneal mesothelioma (OH, plaintiff verdict)
Estate of Rich v. Garlock, et al.: Wrongful death claim
Death by mesothelioma (OH, defense verdict)
Link v. Garlock: Wrongful death claim
Death by asbestos exposure (OH, settled during trial)
Nickell v. Garlock: Workplace injury claim
Mesothelioma (OH, settled after jury empanelled)
Warranty Litigation
Bohanan v. DaimlerChrysler: Consumer Sales Practices Act claim (OH, defense verdict)
Dressler v. DaimlerChrysler: Defective wheel claim
Wheel fell off vehicle (OH, defense verdict)
Howell v. DaimlerChrysler: Steering wheel defect claim
Steering intermittently locked up while turning vehicle sharply (OH, defense verdict)
Fisher v. DaimlerChrysler: Excessive steering column vibration claim
Economic loss of vehicle and attorney fees (OH, defense verdict)
Flannagan v. DaimlerChrysler: Breach of warranty claim
Automobile defect (OH, defense verdict)
Green v. DaimlerChrysler: Failure to repair claim
Transmission (OH, defense verdict)
Gronau v DaimlerChrysler: Breach of warranty claim
Payments for services allegedly covered by warranty (OH, defense verdict)
Heiser v. DaimlerChrysler: Overpayment claim
Economic loss (plaintiff verdict, below last offer)
Kapp v. DaimlerChrysler: Breach of warranty claim
Vehicle cost and attorney's fees (OH, defense verdict)
Mullens v. DaimlerChrysler: Breach of warranty claim
Allegedly defective automobile (OH, defense verdict)
Nelson v DaimlerChrysler: Breach of warranty claim
Diminution in vehicle's value (OH, defense verdict)
Pollard v. DaimlerChrysler: Breach of warranty claim/lemon law/OCSPA claim
Check engine light, violent shaking, failure to start (OH, defense verdict)
Porter v. DaimlerChrysler: Defective brakes claim
Economic loss (OH, defense verdict)
Powers v. DaimlerChrysler: Breach of warranty claim
Allegedly defective transfer case (OH, defense verdict)
Prince v. DaimlerChrysler: Lemon law claim
Allegedly defective rear axle (OH, plaintiff verdict, below last offer)
Riley v. DaimlerChrysler: Lemon law claim
Alleged failure to replace engine (OH, defense verdict)
Selzer v. DaimlerChrysler: Breach of warranty/OCSPA claim
Alleged electric problems (OH, defense verdict)
Dressler v. Chrysler: Breach of warranty claim
Front wheel falling off, brake noise, alignment problems (OH, defense verdict)
Qaqish v. Chrysler: Breach of warranty claim
$1,500 damage (OH, defense verdict)
Medical Malpractice
Archie-Darling v. Grant/Riverside Methodist Hospital: Failure to recognize fetal distress claim
Cerebral palsy and mental retardation, lifelong care (OH, settled during trial by SIR -- we were brought in by excess carrier)
Bailey/Pope v Razmi, et al.: Failure to properly treat pulmonary embolism claim
Wrongful death (OH, defense verdict)
Bundenthal v. Brightwell, D.O.: Failure to diagnose and treat claim
Permanent and disabling complex regional pain syndrome (OH, defense verdict)
Chilcote v. Southwest General Hospital: Surgical error claim
Post-surgical bowel abscess (OH, defense verdict)
Clements v. Lima Memorial Hospital: Negligent birth discharge claim
Severe hypoglycemia, cerebral palsy, mental retardation (OH, defense verdict)
Dawkins v. Pai: Negligent diagnosis claim (negligence admission by defense)
Wrongful death (OH, plaintiff verdict)
Estate of Antonini v. Flower Hospital and Ockuly: Negligent failure to diagnose claim
Wrongful death (OH, defense verdict)
Estate of Czarney v. Porter: Failure to diagnose claim
Wrongful death (OH, defense verdict)
Estate of Kapalin v. Classen: Negligent surgery claim
Wrongful death (OH, defense verdict)
Freeman v. Sirafi, Sechler, et al.: Negligent treatment claim
Wrongful death (OH, defense verdict)
Frost v. Snitzer: Failure to supervise treatment claim
Wrongful death (defense verdict)
Grace Ortiz, a minor v. St. Mary Hospital, et al.: Improper prescription claim
Cerebral palsy and related care (NJ, defense verdict)
Hampton v. Abbass: Failure to diagnose and treat claim
Wrongful death (OH, defense verdict)
Heyward v. Atton: Unnecessary exploratory surgery claim
Loss of large bowel (OH, defense verdict)
Iglodi v. Tolentino, et al.: Treatment delay claim
Breast cancer -- loss of chance of survival, pain and suffering (OH, defense verdict)
Jane Doe, minor v. ABC Hospital: Failure to diagnose claim
Cerebral palsy (OH, settled)
John Doe, minor v. ABC Hospital: Failure to timely diagnose claim
Permanent paraplegia (OH, settled -- we were called in by excess only after liability was admitted)
Kalnasy, et al v. MetroHealth Medical Ctr and Cleveland Clinic Foundation: Negligent care and treatment claim
Permanent blindness (OH, settled)
Kawalec v. Jefferson Eye Clinic: Surgical error claim
Double vision and distorted appearance of pupil (OH, defense verdict)
Kemelhar v. Dashefsky: Diagnosis and treatment delay claim
Hemiparesis, loss of speech, diminished cognitive ability, loss of mobility (OH, defense verdict)
Kidd v. Convalarium: Failure to advise claim
Wound infections (OH, defense verdict)
Lownsbury v. Stover: Failure to timely deliver claim
Cerebral palsy (OH, defense verdict)
Mejia v. Treece and Norwalk Hospital: Failure to diagnose claim
Cerebral palsy, mental retardation (CT, settled for pretrial amount)
Moeltner v. Rubino: Failure to diagnose claim
Cerebral palsy, mental retardation (NJ, settled during trial)
Mooney v. Aggarwal: Negligent treatment claim
Permanent injury (OH, defense verdict)
Nalepa v. Jain: Failure to diagnose and treat claim
Wrongful death (OH, defense verdict)
Peffer v. Cleveland Clinic Foundation (Trial 2): Failure to timely diagnose claim
Permanent mental and physical disabilities (OH, defense verdict)
Peffer v. Cleveland Clinic Foundation, et al.: Failure to timely diagnose claim
Permanent mental and physical disabilities (OH, defense verdict)
Pennell v. Ohio Eye Alliance: Surgical error claim
Double vision, $2.2 million wage loss (OH, defense verdict)
Ratliff-Baker v. Mikol, MD: Failure to timely diagnose and treat claim
Permanent cognitive and physical disabilities (OH, defense verdict)
Reaves v. MetroHealth Medical Center: Surgical error claim
Brain injury and wrongful death (OH, plaintiff verdict, settled during appeal)
Sherwood v. Ogiela: Lack of informed consent claim
HIV infection (CT, settled during trial)
Spellman v. Zahrawi: Negligent treatment claim
Pain and numbness (OH, defense verdict)
Stefanacci v. MetroHealth Medical Center: Surgical error claim
Wrongful death (OH, defense verdict)
Theodore v. Summa Health Systems: Failure to diagnose and treat claim
Loss of leg (OH, defense verdict)
Toler v. Cardiovascular Clinic, et al.: Negligent care claim
Wrongful death (OH, defense verdict)
Varitek v. Suarez: Negligent prescription claim
Wrongful death (WV, defense verdict)
Wehner v. Azeez: Failure to treat claim
Wrongful death (OH, defense verdict)
Willingham v. Raslan: Failure to timely deliver
Infant death (OH, defense verdict)
Yorkievitz v. Zahrawi: Negligent surgery claim
Lower extremity weakness from spinal injury (OH, defense verdict)
Medical Malpractice, Fraud
Crawford v. Vemuri: Practicing without a license claim
Heart damage, punitive damages (WV, defense verdict)
Premises Liability
Krabill v. ResCare: Negligent care claim
Facial injuries and long term care over $10 million (OH, settled during trial)
Products Liability
Campbell v. Polyguard Products, Inc.: Defective product ignition claim
Third-degree burns (TN, defense verdict)
DeMattee v. Roanoke, et al.: Toxic exposure claim
Permanent respiratory injury (AZ, plaintiff verdict -- our client held 10% liable)
Holiday v. Southwest Trailers and Equipment L.L.C. and Buyers Products Company: Inadequate warnings and design defect claim
Wrongful death, uncontested severe brain injury, $35,000 in medical expenses (OK, settled during trial)
Johnson v. Wastequip: Defective container claim
Fractured pelvis, torn urethra, and urinary tract damage (TN, settled before closing argument)
Magical Farms v Land O Lakes: Defective production and distribution claim
Feed allegedly caused death and injury to hundreds of alpacas (OH, plaintiff verdict, below offer)
McCarthy v. ACF Industries, et al.: Defective assembly claim
Brain injury and related expenses (OH, defense verdict -- directed verdict at end of plaintiff's case)
Morris v. [National Family-Style Restaurant Chain]: Food poisoning claim
Over 48 hours of pain and suffering associated from illness (OH, defense verdict)
Nubert v. MIRA: Defective implant claim
Permanent blindness and disfigurement (OHND, settled prior to final arguments)
Ronske v. Heil: Design defect claim
Wrongful death (OH, plaintiff verdict)
Wilburn v. Deters: Uninhabitability of premises claim
Death due to heatstroke (OH, settled during jury deliberations)
Subrogation; Automobile Product Liability
State Farm (Smith) v. Ford Motor Co.: Design defect claim
Loss of vehicle in fire (OH, defense verdict)
Trucking and Transportation
Estate of Edwards v. Bestway Trucking: Negligent truck operation claim
Three fatalities and two traumatic brain injuries (WV, plaintiff verdict)
Holmes v. Kriska Holdings: Driver negligence claim
Death (OHND, defense verdict)
Lockhart v. Chicago Y.M.C.A.: Negligent operation of van
Quadriparesis and traumatic brain injury (IL, defense verdict)
New Prime v Stevens v Starr: Driver negligence claim
$13,000 property damages (OH, plaintiff verdict)
VanGuilder v. National Freight: Negligent operation claim
Quadraplegia (MN, plaintiff verdict)
Waldrop v. Hughes: Negligent truck operation
Injury and property damage (TN, plaintiff verdict)
