Appellate

Appellate advocacy requires unique skills in analyzing the record, framing legal issues, writing briefs and presenting oral argument. The appellate attorneys of Sutter O'Connell have the knowledge and experience to handle these critical facets, as well as the distinct ability to understand the need for presenting persuasive arguments and evidence at trial. Unlike other law firms, our appellate attorneys are also successful trial attorneys.

Whether a case is approaching trial or is currently in trial, our attorneys are available to consult and assist trial counsel in preparing motions, jury instructions and bench briefs for matters originating within and outside and the firm. We are also available to monitor trials for our clients in significant, high exposure cases and have even been asked by our clients to file petitions for extraordinary writs while cases are pending in the trial court.

Our appellate attorneys also understand that every decision published by an appellate court will set precedent for future litigants that could impact our clients and their industry. Below are some of the reported cases the attorneys of our appellate practice group have handled to help shape the law.

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.

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Whether in state or federal court, the team of appellate attorneys at Sutter O'Connell have the skill and experience necessary to handle every aspect of an appeal. Contact Sutter O'Connell for experienced appellate representation.