Medina County Common Pleas Court - Judge Collier's Jury Verdicts 2003

DATE	CASE NAME	CASE NUMBER
1-29-03	State of Ohio v. Cruz	02 CR 0377
1-31-03	State of Ohio v Cutlip	02 CR 0458
2-3-03	State of Ohio v. Scott	02 CR 0419
2-11-03	State of Ohio v. Isenhart	02 CR 0370
2-13-03	State of Ohio v. Basford	02 CR 0443
2-24-03	Carpenter v. Wellman Products	02 CIV 0262
3-5-03	King v. Able Baker Clark Realty	02 CIV 0297
3-10-03	State v. Yuschak	02 CR 0464
3-17-03	State of Ohio v. Alex Nerghes	02 CR 0527
3-23-03	Ronald Inc. v. Swisher International	01 CIV 0605
3-27-03	Palker v. Abellera	02 CIV 0398
4-21-03	Trumblak v. Shue	02 CIV 0536
4-23-03	Ohio Casualty Insurance Co. v. ADT Security	02 CIV 0587
4-30-03	Crebs v. Alexander	02 CIV 0791
5-19-03	Miller v. Kelly	02 CIV 0085
5-28-03	State of Ohio v. Feckley	02 CR 0476
6-2-03	Deyling, Administratrix, v. Belles	01 CIV 0662
7-8-03	Markley v. Noderer	02 CIV 0021
7-14-03	Rozhon v. Poole	02 CIV 0231
7-23-03	State of Ohio v. Nicholas E. Jamison	03 CIV 0052
7-28-03	State of Ohio v. Mark Overholt	02 CIV 0329
8-19-03	Gary Cox v. Jennifer Paul	02 CIV 0904
9-24-03	State of Ohio v. James R. Nielsen	03 CIV 0140
9-29-03	Matos v. Zweifel	02 CIV 0915
10-1- 03	State of Ohio v. Daryl Inman	01 CR 0768
10-20-03	Ulichney v. Frymyer	02 CIV 0747
10-27-03	State of Ohio v Bryan Nelson	03 CR 0044
11-12-03	Felicia Gillespie v. James McClure	03 CIV 0225
11-17-03	Donna Moutes v. The Glidden Company	02 CR 0618
11-24-03	Hamrick v. Wellman	32 CIV 0497
12-1-03	Basta v. Medina General Hospital	01 CIV 0768
12-16-03	State of Ohio v. Jason Yarbour	03 CR 0264

Defendant charged with Possession of Cocaine. The drug was found in the glovebox of a car owned by another. The Defendant was in the passenger seat when arrested. The Defendant contends that the cocaine was not his.

Defendant met the victim at a bar and went back to his home. Defendant cut the victim with a knife and was forced to flee naked to a neighbor's home for safety. The Defendant claims the injury was an accident.

Defendant was a passenger in a stolen car and claims he did not know it was stolen.

Defendant charged with theft and pleaded guilty to misdemeanor theft after opening statement.

After a bar fight, the Defendant ran over the victim in the parking lot. The Defendant admits that he ran him over, but claims that it was an accident.

Plaintiff claims he was fired as a result of age discrimination. The Defendant says that it was a RIF. Plaintiff claims RIF was a pretext for illegal age discrimination.

Workers Compensation appeal. The issue is whether the Plaintiff should be permitted to participate in the WC program.

The Defendant was at his brothers' home and a fight ensued. The jury acquitted the Defendant after a four-day trial.

Verdict: Not guilty of burglary. Not guilty of domestic violence. Not guilty of assault.

The Defendant was charged with the rape, felonious assault and kidnapping of his girlfriend. He was arrested at her home after she was treated at Medina General Hospital for injuries to her face. The Defendant denied the criminal charges and contended that she hurt herself in the bathroom after consensual relations.

Plaintiff insurance company seeks subrogation against a landlord and security system company. Plaintiff's insured suffered a loss when the business it occupied flooded as a result of broken fire suppression pipes.

Plaintiff was a passenger in a car that stopped on I-71 to help a stranded motorist. The Plaintiff got out her car on or near the road surface and was struck by an oncoming vehicle. She suffered serious injury and sued the driver of the oncoming car. The Defendant claims that the Plaintiff stepped out her car and directly into the path of traffic, giving him no opportunity to avoid striking her.

At the intersection of High Street and Great Oaks, Defendant Kelly drove through a red light and struck the car driven by Plaintiff Brandon Miller, injuring Miller and his passenger, Plaintiff Kristen Gregory. Both Plaintiffs claim injuries, Miller to his back and Gregory to her knee. Both Plaintiffs underwent surgery. Defendant admits fault but denies proximate cause and questions both Plaintiffs' claims for damages.

Defendant charged with a felonious assault as a result of a fight that occurred outside of a bar, Club 2000, in Brunswick. After three days of trial, the Defendant pleaded to Aggravated Assault, a felony of the fourth degree.

The Plaintiff claims the Defendant homeowner negligently supervised a party at his home wherein a young man became drunk and killed his passenger in an auto accident. The homeowner admits alcohol was consumed by minors on his property but denies he had knowledge of that fact.

The Plaintiff claims the Defendant dentist committed professional malpractice for failing to take periodic panorex radiographs. The Plaintiff developed a cyst in her jaw and had surgery to correct the problem. She suffers from nerve damage. The Defendant dentist denied he was negligent and denied any proximate cause between anything he did or failed to do and the Plaintiff's complaints.

The Plaintiff and the Defendant are relatives of a decedent. They are contesting the distribution of probate and non-probate assets. The Plaintiff asks the court to enforce an agreement between the parties as to the division of these assets. The Defendant claims that the agreement was gained by fraud.

The State has charged the Defendant with assault of an emergency medical worker. The Defendant denies that he is guilty of the offense and claims that any assault was the result of an involuntary act committed while he was unconscious.

The State was represented by attorney Scott Salisbury, Esq. The Defendant was represented by attorney Stephen Brown, Esq.

Verdict: The Defendant was found guilty of assault of an emergency medical worker.

The State had charged the Defendant with one count of Felonious Assault and three counts of Aggravated Menacing. The State asserts that the Defendant fired a handgun at Wayne Reinke. Further, the State contends that the Defendant's use of the weapon caused Reinke and two of his companions to believe he would cause each of them serious physical harm. The Defendant stated that he used the weapon to scare three trespassers off of his property.

The State was represented by attorney Anne Eisenhower, Esq. The Defendant was represented by attorney Jihad Smaili, Esq.

Verdict: After a one week trial, the Defendant was found not guilty of Felonious Assault and Not Guilty of two counts of Aggravated Menacing. The Defendant was found guilty of one count of Aggravated Menacing. Sentencing will occur in September 2003.

Plaintiff claims that he was injured in an automobile accident and claims certain damages as a result of that accident. The Defendant admits that she was negligent but denies that the accident was the proximate cause of the injuries complained of and denies the damages Plaintiff asserts.

Attorney Thomas Loepp, Esq. of Stow, Ohio represented the Plaintiff, Gary Cox. Attorney James Lyons, Jr., Esq. represented the Defendant, Jennifer Paul.

Defendant James Nielsen was arrested for domestic violence. He has previously been convicted of a domestic violence offense making this offense a felony. The Defendant denies he committed this offense. The victim, his wife, also denies that the Defendant committed assault against her.

Attorney Thomas Morris, Esq. of Wadsworth, Ohio represented the Defendant. Attorney Scott Salisbury, Esq. represented the State of Ohio.

Verdict: After a two day trial the jury found the Defendant guilty of the charge of Domestic Violence.

Angela Matos was driving on Columbia Road in Medina County, Ohio when Mettie Zweifel turned left in front of Angela. Ms. Matos sued Ms. Zweifel for injuries she claims she sustained in the accident. Ms. Zweifel contests the claim of negligence, proximate cause and damages.

Verdict: After a three day trial the jury found in favor of the Plaintiff and awarded her $7,000.

A car driven by the Defendant, Ms. Frymyer, struck the car driven by the Plaintiff, Mr. Ulichney on the Sharon Center traffic circle. Mr. Ulichney claims damages as a result of the accident. The Defendant admits liability but denies proximate cause and damages as alleged by the Plaintiff.

Verdict: After a two day trial the jury found against the Plaintiff and in favor of the Defendant.

Defendant, Daryl Inman was arrested for trafficking in cocaine. The allegation against him is that he sold cocaine to a confidential informant. The Defendant denies he committed this offense.

Assistant County Prosecutor, Scott Salisbury, Esq. represented the State of Ohio. David Gedrock, Esq. represented the Defendant.

Verdict: After a two day trial the jury found the Defendant guilty of the charge of Trafficking in Cocaine.

In State of Ohio v. Bryan Nelson, Case No. 03 CR 0044, the Defendant was charged with Aggravated Arson a felony of the first degree. This charge arose as a result of an explosion and fire that occurred at the Defendant's home at 7611 Greenwich Road, Westfield Township, Medina County Ohio. The Defendant was returning from Canada when he was told of the destruction of his century home. The State of Ohio contended that the Defendant destroyed his own home because of mounting debts. The Defendant pleaded not guilty to the charge and testified that the explosion was an accident. He claims that he was repairing a gas boiler. When he finished his repairs he said he evidently left the gas on then left for Canada.

Medina County Prosecutor Dean Holman, Esq. and Assistant County Prosecutor Scott Salisbury, Esq. represented the State of Ohio. Attorney John Dolatowski, Esq. of Medina, Ohio represented the Defendant.

Verdict: After four hours the jury found the Defendant Guilty of Aggravated Arson.

This case was a wrongful death lawsuit in which the Plaintiff claimed that the Defendant, Medina General Hospital, was negligent in its care of the Plaintiff’'s wife. Plaintiff claims that as a proximate result of the hospital's negligence, his wife, Deborah Basta, died. Medina General Hospital denied that it was liable in any way with regard to Plaintiff's claims. Further, the Defendant denies any proximate cause between its actions and Plaintiff's complaint. Finally, Defendant contested Plaintiff’'s claim for damages.

The Plaintiff was represented by William Jacobson, Esq. and Gary Fitzgerald, Esq. from Cleveland, Ohio. The Defendant Medina General Hospital was represented by Beverly Harris, Esq., and Andrew Stienecker, Esq. of Cleveland, Ohio.