| > COMMON PLEAS COURT I |
| JUDGE CHRISTOPHER J. COLLIER |
JUDGE COLLIER’S 2003 JURY VERDICT SYNOPSIS
CLICK ON CASE NAME FOR SYNOPSIS
1-31-03 State of Ohio v Cutlip
Case No. 02 CR 0458
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.
Verdict: Not Guilty
Case No. 02 CR 0377
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.
Verdict: Guilty of Kidnapping
Guilty of Felonious Assault
Case No. 02 CR 0419
Defendant was a passenger in a stolen car and claims he did not know it was stolen.
Verdict: Guilty of RSP Auto
2-11-03 State of Ohio v. Isenhart
Case No. 02 CR 0370
Defendant charged with theft and pleaded guilty to misdemeanor theft after opening statement.
Verdict: Guilty of Misdemeanor Theft
2-13-03 State of Ohio v. Basford
Case No. 02 CR 0443
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.
Verdict: Not Guilty of Felonious Assault
Guilty of Aggravated Vehicular Assault
2-24-03 Carpenter v. Wellman Products
Case No. 02 CIV 0262
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.
Verdict: Defense verdict
3-5-03 King v. Able Baker Clark Realty
Case No. 02 CIV 0297
Workers Compensation appeal. The issue is whether the Plaintiff should be permitted to participate in the WC program.
Verdict: The parties settled this case after jury selection
Case No. 02 CR 0464
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.Case No. 02 CR 0527
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.
Verdict: Guilty of Rape
. Guilty of Felonious Assault. Not Guilty of Kidnapping.3-23-03 Ronald Inc. v. Swisher International
Case No. 01 CIV 0605
The Plaintiff contends that the Defendant violated a non-compete agreement relating to Plaintiff's hygiene products distributorship. This violation cost the Plaintiff customers and sales in its exclusive territory. The Defendant denies any violation of the non-compete agreement.
Verdict: Plaintiff was awarded a judgment of $131,291 against the Defendant by the jury.
Case No. 02 CIV 0398
The Plaintiff claims the Defendant committed medical malpractice when he failed to properly remove her gallbladder. This failure led to subsequent surgery and other complications. The Defendant denies malpractice and submits that the outcome of the surgery was within the realm of known complications of which Plaintiff was aware.
Verdict: Plaintiff was awarded $400,000 against the Defendant by the jury.
Case No. 02 CIV 0536
Defendant crossed the centerline of Medina Line Road and struck the vehicle driven by the Plaintiff. The Plaintiff suffered soft tissue injury and claims permanent impairment. Liability was admitted. The issues for the jury to determine were: 1) proximate cause and 2) damages.
Verdict: The jury awarded Plaintiff $36,036.41
4-23-03 Ohio Casualty Insurance Co. v. ADT Security
Case No. 02 CIV 0587
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.
Verdict: Case settled after one day of trial.
Case No. 02 CIV 0791
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.
Verdict: Defendant's verdict.
Case No. 02 CIV 0085
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.
Verdict: Brandon Miller's claim: Verdict for $75,000
Kristen Gregory's claim: Verdict for $15,000
Case No. 02 CR 0476
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.
Case No. 01 CIV 0662
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.
Verdict: Defendant's verdict
Case No. 02 CIV 0021
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.
Verdict: Defendant's verdict
Case No. 02 CIV 0231
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.
During the trial the parties entered an agreement to settle the case.
7-23-03 State of Ohio v. Nicholas E. Jamison
Case No. 03 CIV 0052
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.
7-28-03 State of Ohio v. Mark Overholt
Case No. 02 CIV 0329
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.
8-19-03 Gary Cox v. Jennifer Paul
Case No. 02 CIV 0904
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.
Verdict: After a one day jury trial the Plaintiff was awarded $3,000.00
9-24-03 State of Ohio v. James R. Nielsen
Case No. 03 CIV 0140
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.
Case No. 02 CIV 0915
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.
Case No. 02 CIV 0747
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.
10-1- 03 State of Ohio v. Daryl Inman
Case No. 01 CR 0768
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.
10-27-03 State of Ohio v Bryan Nelson
Case No. 03 CR 0044
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.
11-12-03 Felicia Gillespie v. James McClure
Case No. 03 CIV 0225
This matter was automobile accident case wherein the Plaintiff claims injuries from an accident that occurred at the intersection of N. Huntington Street and W. Union Street in the City of Medina on February 2, 2002. The Defendant admits that he was at fault in the accident but denies any proximate connection between the accident and the injuries claimed by the Plaintiff. Further, Defendant contests the damages claimed by the Plaintiff.
The Plaintiff is represented by Mark S. Frank, Esq. of Cleveland, Ohio. The Defendant is represented by Jean Ann Nurczyk, Esq. of Cleveland, Ohio.
Verdict: After a two day trial the jury found in favor of the Plaintiff and awarded Plaintiff the sum of $661.00.
11-17-03 Donna Moutes v. The Glidden Company
Case No. 02 CR 0618
In Moutes v. The Glidden Company, case no. 02 CR 0618, Plaintiff claimed she was injured by the application of oil/alkyd paint in her basement. Plaintiff contended that the warnings on the paint can were insufficient to advise her of the dangers of the use of that paint. She further contended that the product itself was unreasonably dangerous to the ordinary consumer. The Defendant denies that the warnings were insufficient, denies that the product was unreasonably dangerous and denies any proximate cause between the paint application and the Defendant's complaint. The trial lasted one week.
The Plaintiff was represented by David P. Bertsch, Esq. from Akron, Ohio. The Defendant was represented by Jospeh Castrodale, Esq. and William Michael, Esq. of Cleveland, Ohio.
Verdict: The jury found in favor of the Defendant.
Case No. 32 CIV 0497
In this case the Plaintiff claimed that the Defendants, Wellman and Mark's Cleaning Service, invaded his privacy. Further Plaintiff claimed that Wellman committed the tort of intentional infliction of emotional distress. Each Defendant denied that they are liable in any way with regard to Plaintiff's claims. Further both Defendants denied any proximate cause between their actions and Plaintiff's complaint.
Plaintiff is represented by Michael T. Conway, Esq. from Medina, Ohio. The Defendant Wellman Products Group is represented by Alan Rauss, Esq. and Robert Wolf, Esq. of Cleveland, Ohio. Defendant Marks Cleaning Service is represented by Gregory Huber, Esq., of Medina,
Verdict: At the conclusion of Plaintiff's case, the Court directed verdict for the Defendants.
12-1-03 Basta v. Medina General Hospital
Case No. 01 CIV 0768
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.
Verdict: After a one week trial the jury found for the Defendant.
12-16-03 State of Ohio v. Jason Yarbour
Case No. 03 CR 0264
Jason Yarbour was charged with trafficking in marijuana within the vicinity of a juvenile. The Defendant was alleged to have sold marijuana to a confidential informant at the Medina County Fair in 2002. The Defendant denies he sold marijuana. The State of Ohio was represented by Assistant Medina County Prosecutor Scott Salisbury, Esq. The Defendant was represented by Kevin Dunn, Esq. of Medina, Ohio.
Verdict: The Defendant was found guilty after a three day jury trial.
This page last updated 24 January 2006