JUDGE COLLIER'S 2004 JURY VERDICT SYNOPSIS

Case No. 02 CIV 1474

This matter involved the sale and purchase of a going business. Plaintiff, the purchaser of a printing/silk screen business, alleged that the Defendant, the seller of that business, committed fraud in the sale of that business by incorrectly reporting fair market value of certain equipment. Plaintiff also claims the Defendant made negligent misrepresentations regarding that equipment. The Defendant denies any fraud or negligent misrepresentation connected with the sale of the business. In fact, Defendant claims Plaintiff breached the sales agreement by failing to make yearly payments due on the business. Plaintiff denies the breach of contract claim.

The Plaintiff was represented by Halle Hebert, Esq. and Reginald Kramer, Esq. of Akron, Ohio. Defendant is represented by Ian S. Haberman, Esq. and Michael Warrell, Esq. of Medina.

Verdict: After a two day trial, the jury awarded the Plaintiff a judgment of $50,000 against the Defendant on the fraud claim and awarded nothing on the negligent misrepresentation claim. The jury found on behalf of the Plaintiff on Defendant's breach of contract claim.

Case No. 02 CIV 0691

Arkakelian v. Zandudakis is a matter involved an injury that occurred to the hand of a five year old girl.  The girl's hand became trapped between the track and the roller of an automatic garage door.  The Plaintiff claimed that the garage door opening mechanism was defective.  The Plaintiff claimed that his landlord had knowledge of the defective condition and did nothing about it.  The Defendant is the landlord of the property where the girl and her family lived.  The landlord denied that the garage door mechanism was defective and denied he was told about any problem with the garage door.  Plaintiff and her family sought damages as a result of this injury.

The Plaintiff was represented by Kevin Hardman, Esq. of Akron, Ohio. Defendant was represented by Michael Spetrino, Esq. of Akron, Ohio.

Verdict: After a three day trial, the jury awarded judgment to the Defendant.

Case No. 03 CIV 0080

This matter involved an alleged breach of a written employment contract between Plaintiff and Defendant. Plaintiff, an attorney, claimed she had a written employment contract and was later fired by American Greetings Corporation in violation of that contract. Defendant claimed that there was a mutual mistake of fact in the drafting of the employment contract that should not be held against the Defendant. Defendant claimed that any other reading of the contract would result in a perpetual employment for the Plaintiff.

The Plaintiff was represented by Jeffrey W. Largent, Esq. of Medina, Ohio. The Defendant was represented by Gregory V. Mersol, Esq. and Thomas J. Piatak of Cleveland, Ohio.

Verdict: After a three day trial, the jury returned a verdict for the Defendant.

Case No. 03 CR 0523

In State of Ohio v. Cary Clay, case no. 03 CR 0523, the Defendant was charged with four counts of rape, four counts of gross sexual imposition and four counts of sexual battery. The victim in this case was the Defendant's step-child. The Defendant denied all of the charges and contended that his step child and his wife are making up this story to hurt him in his pending divorce case.

The State of Ohio was represented by Special Prosecutor, Kevin Baxter, Esq. of Erie County, Ohio. The Defendant was represented by Kevin Dunn, Esq. of Medina, Ohio.

Verdict: After a four day trial the jury found the Defendant not guilty of all four counts of rape and not guilty of all four counts of sexual battery. The jury found the Defendant guilty of three counts of gross sexual imposition and not guilty of a fourth count of gross sexual imposition.

Case no. 03 CR 0019

State of Ohio v. Paula R. Goyette, case no. 03 CR 0019 was a criminal case involving a divorced couple. The Defendant, wife, was charged with menacing by stalking the ex-husband. The Defendant pleaded not guilty to the charge. This case is expected to lasted two days

The State of Ohio was represented by Assistant Medina County Prosecutor, Scott Salisbury, Esq. of Medina, Ohio. The Defendant was represented by L. Ray Jones, Esq. and Cameron Pedro, Esq. of Medina, Ohio.

Verdict: After jury selection the Defendant pleaded no contest and was found guilty of a single count of menacing by stalking.

Case No. 03 CIV 0793

This matter involved an injury to his back Plaintiff alleged he sustained working on a job site for Defendant. The Plaintiff appealed a decision of the Worker's Compensation Bureau denying his right to participate in the Workers Compensation system by receiving benefits. Defendant denies Plaintiff injured his back at work. The case is lasted two days.

The Plaintiff was represented by A. James Tsangeos, Esq., of Canton, Ohio. The Defendant was represented by Susan Beres, Esq., Assistant Attorney General, of Cleveland, Ohio and Kathryn Vadas, Esq., of Akron, Ohio.

Verdict: After a two day trial, the jury determined that the Plaintiff injured his back at work on September 2, 2002 and should participate in the Workers Compensation system.

Case No. 03 CR 0516

The Defendant was charged with two counts of Robbery that occurred in Brunswick, Ohio on August 31, 2003 at a convenience store and September 19, 2003 at a gas station. The Defendant pleaded not guilty to both of the charges, claiming misidentification.

The State of Ohio was represented by Assistant Medina County Prosecutor, Scott Salisbury, Esq. of Medina, Ohio. The Defendant is represented by Robert Campbell, Esq. of Medina, Ohio.

Verdict: After a three day jury trial the Defendant was found guilty of both counts.

3-15-04     Ohio Department of Transportation v. Elaine Cameron

Case No. 03 CIV 0453

This matter was an appropriation case wherein the DOT sought to take 9 feet of frontage on Route 18 East of Medina owned by the Defendant for road improvement purposes. The total take consisted of .017 acres. The State offered $7,100 for the take. The Defendant sought $175,000

The State of Ohio Department of Transportation was represented by Assistant Attorney General, Stephen Johnson, Esq. of Columbus, Ohio. The Defendant was represented by Lee Skidmore, Esq. of Medina, Ohio.

Verdict: After a two day trial the Defendant was awarded $13,461.

3-17-04    State of Ohio v. Alisa Stringer

Case No. 03 CR 0503

The Defendant is charged with a Burglary, (F-3), alleged to have occurred at the Laurel Hills Apartments in Brunswick, Ohio on September 20, 2004. The incident is said to have taken place when the Defendant confronted a woman who had called the police on the Defendant's children for excessive noise. The confrontation spilled into the victim's residence. The Defendant has pleaded not guilty to the charge.

The State of Ohio was represented by Assistant Medina County Prosecutor, Scott Salisbury, Esq. of Medina, Ohio. The Defendant was represented by Karen Brouse, Esq. of Cuyahoga Falls, Ohio.

Verdict: After a two day trial the Defendant was acquitted of Burglary (F-3) but convicted of the lesser included offense of Burglary (F-4).

Case No. 02 CIV 0597

This case began as a foreclosure complaint filed by Plaintiff regarding a home at 319 and 320 North Harmony Street, Medina, Ohio. The Defendant, homeowner, claims that the Plaintiff engaged in wrongful practices that caused her monetary damages. This case was conducted over two days.

The Plaintiff was represented by Steven Bales, Esq., and Scott Norcross, Esq., of Cleveland, Ohio. The Defendant was represented by Andrew Michaels, Esq., of Medina, Ohio.

Verdict: After a two day trial the Court granted a directed verdict on behalf of the Plaintiff and against the Defendant.

4-5-04   ICOM of America, Inc. v. Rapid 2 Way

Case no. 03 CIV 0078

In this case, the Plaintiff, ICOM of America, claimed the Defendant owed $114,000 to Plaintiff on an account for products sold and shipped to Defendant.  Plaintiff sold Defendant hundreds of hand-held radios and accessories. Defendant, Rapid 2 Way, purchased these radios for rent and sale in its business.  Defendant acknowledged that it owed money to Plaintiff on account, however Defendant claimed the Plaintiff supplied it with substandard and defective radios causing damage to Defendant's business. Defendant claimed Plaintiff committed fraud in its representations regarding the radios.

The Plaintiff was represented by Kenneth Baker, Esq., and Michael Slodov, Esq., of Cleveland, Ohio.  The Defendant was represented by Bruce Hall, Esq., of Medina, Ohio and Gregory Beck, Esq., of North Canton, Ohio.

Verdict: After a thirteen day trial, the jury awarded the Plaintiff $92,915.95 on its claim on the account and attorney fees.  The jury awarded the Defendant $579,131.83 on its claim of breach of contract and breach of warranty. The jury awarded the Defendant $774,321.50 on its claim of fraud. The jury further awarded $1,045,837 in punitive damages along with attorney fees.

4-26-04   Carol Grabowski, et al v. Hershberger, et al.

Case no. 02 CIV 1281

This case involved an incident in which a balcony on which the Plaintiff was standing collapsed, causing her to fall and to sustain serious physical injuries. Defendants Larry Hershberger and Al Yoder constructed the balcony. The Plaintiffs alleged that the Defendants were negligent and that their negligence proximately caused them injury. The Defendants denied any negligence.

The Plaintiffs were represented by Andrew Hoffman, Esq., and Douglas Hunter, Esq., of Cleveland, Ohio. The Defendants were represented by Jeff Bramley, Esq., of Medina, Ohio and John Cubar, Esq., of Cleveland, Ohio.

Verdict: At the conclusion of trial, the jury found for the Plaintiff and against the Defendants and awarded the Plaintiff the sum of $60,000.

5-24-94   Mary Busson v. Medina General Hospital

Case No. 02 CIV 1195

This lawsuit arises from an incident in which the baby of Mary and Dennis Busson died shortly after childbirth at Medina General Hospital. A previous trial resulted in a jury verdict against the Plaintiffs and in favor of the physicians in charge of the care of the mother and child. In this case, the Plaintiffs contend that the hospital and nurses were negligent in their care of the baby. The Defendant nurses deny they were negligent in their care of the baby.

The Plaintiffs were represented by James J. Gutbrod, Esq., of Norton, Ohio. The Defendants were represented by Beverly Harris, Esq., of Cleveland, Ohio and Ernest Auciello, Esq., of Cleveland, Ohio.

Verdict: After three days of trial, the Court ordered a directed verdict for the Defendants.

6-28-04   Yoder v. Avalon R.V.

Case no. 03 CIV 0516

This lawsuit arose from the sale of a recreational vehicle by the Avalon RV Center to Mr. and Mrs. Yoder. The Plaintiffs claimed the Defendant misrepresented the product sold to them and claimed damages against the Defendant. The Defendant denied that they misrepresented any aspect of the the recreational vehicle to the Plaintiff.

The Plaintiffs were represented by Matthew Fortado, Esq., of Uniontown, Ohio.  The Defendants were represented by Thomas McCarty, Esq., of Akron, Ohio and Andrew Bemer, Esq., of Cleveland, Ohio.

Verdict: After four days of trial, the jury found for the Defendants.

7-7-04   Hicks v. Conger

Case no. 03 CIV 1238

On December 7, 2001 a car driven by Mark Conger struck the rear of the car driven by Jeffery Hicks. Plaintiff Hicks was injured in the crash. The Defendant agreed that he was responsible for the accident. However, Defendant denied that all of the injuries Plaintiff claims in this case were actually caused in this crash. The Defendant also disputed the damages claimed by the Plaintiff. Plaintiff's wife made a claim for loss of consortium.

The Plaintiffs were represented by J. Francis Mackey, Esq., of Akron, Ohio.  The Defendant was represented by William D. Dowling, Esq., of Akron, Ohio.

Verdict: After two days of trial, the jury found for the Plaintiff, Jeffery Hicks and awarded him $100,000. The jury awarded Plaintiff Debbie Hicks nothing on her loss of consortium claim.

Case no. 03 CR 0591

In this matter the Defendant was charged with Attempted Tampering with Evidence. Specifically, the Defendant was alleged to have attempted to remove and/or destroy a couch that was sought as evidence in a sex case involving his son. The Defendant denies he is guilty of this offense. He claims there were other, legitimate reasons for his actions on the night in question.

The State of Ohio was represented by Scott Salisbury, Esq., of Medina, Ohio. The Defendant was represented by Forrest Thompson, Esq. of Wadsworth, Ohio and David Gedrock, Esq., of Medina, Ohio.

Verdict: After a three day jury trial the jury found the Defendant not guilty.

Case No. 03 CIV 0179

In this lawsuit, the Plaintiff claimed she was injured as a result of the negligence of a nurse at Medina General Hospital. The Plaintiff claimed she fell from her bed while in the care of the nurse and suffered injuries. The hospital denied that its employee was negligent in any aspect. The hospital denied that the fall occurred at all.

The Plaintiff was represented by David Sheldon, Esq., of Medina, Ohio.  The Defendant was represented by Beverly Harris, Esq., of Cleveland, Ohio.

Verdict: After a five day jury trial, the jury returned a verdict for the Defendant, Medina General Hospital.

8-30-04    State of Ohio v. Andre Taylor

Case no. 04 CR 0271

The Defendant was charged with Failure to Comply with the Order or Signal of a Police Officer and Receiving Stolen Property. The allegation is that the Defendant stole a car and fled when the police tried to stop him. The Defendant denies that he stole the car and denied that he fled from the police.

The State of Ohio was represented by Assistant County Prosecutor, Scott Salisbury of Medina, Ohio.  The Defendant was represented by Conrad Olsen of Medina, Ohio.

Verdict: After two day trial, the jury found the Defendant not guilty of receiving stolen property and guilty of failure to comply with the order or signal of a police officer.

Case no. 04 CR 0089

In this case, the Defendant was charged with possession of 8,000 grams of cocaine law enforcement found concealed in the gas tank of the car he was driving.  The State Highway Patrol officer made a traffic stop which led to the arrest of the Defendant.  A subsequent search of the vehicle revealed the drugs. The Defendant denies that he knew that there were drugs in the car and is therefore not guilty.

The State of Ohio was represented by Scott Salisbury, Esq. of Medina, Ohio.  The Defendant was represented by Paul Mancino, Esq. of Cleveland, Ohio.

Verdict: After a three day trial the Defendant entered a no contest plea to the charge and indicated that he would appeal the decision of the trial court denying his motion to suppress the seizure of the drugs.

Case no. 04 CR 0083

The Defendant was charged with rape of a family member. The Defendant denies the allegations. A previous conviction of the defendant had been reversed by the court of appeals and returned to the trial court.

The State of Ohio was represented by assistant county prosecutor, Scott Salisbury of Medina, Ohio. The Defendant was represented by attorney Gary Eisner of Cleveland, Ohio.

Verdict: After jury selection the Defendant entered a plea to a lesser charge.

9-27-04  State of Ohio v. Carlos Tripp

Case no. 04 CR 0295

In this matter the Defendant was charged with two counts of Trafficking in Cocaine. The Medina County Drug Taskforce used a confidential informant to make buys allegedly from the Defendant. The Defendant denied he sold any drugs.

The State of Ohio was represented by Scott Salisbury, Esq., of Medina, Ohio. The Defendant was represented by Joseph Kochis, Esq. of Cleveland, Ohio

Verdict: After jury selection and before opening statements the Defendant pleaded guilty to the indictment.

9-28-04  State of Ohio v. Louise Tripp

Case no. 04 CR 0293

In this matter the Defendant was charged with two counts of Trafficking in Cocaine. The Medina County Drug Taskforce used a confidential informant to make buys allegedly from the Defendant. The Defendant denied he sold any drugs.

The State of Ohio was represented by Scott Salisbury, Esq., of Medina, Ohio. The Defendant was represented by Beau Schultz, Esq., of Medina, Ohio.

Verdict: After opening statements the Defendant pleaded guilty to the indictment.

Case no. 04 CIV 0503

In this case, the Plaintiff sued the Defendant, homeowner, for an injury that arose from when an uninvited guest hit the Plaintiff, an invited guest, with a beer bottle. The Defendant homeowner denies that he is responsible for the actions of the third party, uninvited guest.

The Plaintiff was represented by William Lang, Esq. of Avon Lake, Ohio and Grant Relic, Esq. of Brunswick, Ohio.  The Defendant was represented by Thomas Coughlin of Akron, Ohio.

Verdict: After a two day trial the Court granted a directed verdict for the Defendant.

Case no. 03 CIV 1330

The Plaintiff suffered a heart attack when he went to the rescue of a man who was attacked on by an intoxicated person on the side of the road near Rt. 224. The Plaintiff sued the Oaks restaurant who Plaintiff claimed served the intoxicated man. The Oaks denies liability in this matter.

The Plaintiff was represented by attorney Stephen Brown of Medina, Ohio. The Defendant was represented by attorney Robert Bux and attorney William Batchelder, Jr.

Verdict:  At the conclusion of the Plaintiff's case the Court directed the verdict in favor of the Defendant and dismissed the Plaintiff's claim.

Case no. 03 CIV 0092

In this case, the Plaintiff has filed suit against Wadsworth-Rittman Hospital for an injury she claims she sustained as a result of a breach of care of one of the nurses employed by the hospital. The Defendant denied that it was responsible for any of the claims made by the Plaintiff.

The Plaintiff was represented by Theresa Tarchinski, Esq. of Akron, Ohio.  The Defendant was represented by Stephan Kremer, Esq. of Akron, Ohio.

Verdict: After a four day trial the jury found on behalf of the Defendant and against the Plaintiff, Patsy Robertson.

11-1-04 Wanda Jean Arnold, Executrix, v. Wadsworth-Rittman Hospital, et al.

Case no. 02 CIV 0717

In this case, the Plaintiff filed a wrongful death suit against Wadsworth-Rittman Hospital and two doctors practicing there. She claimed that the Defendants were negligent in their care of her husband and as a result of that negligence, the Plaintiff's husband died.

Each Defendant denied that he was responsible for any of the claims made by the Plaintiff.

The Plaintiff is represented by Lawrence Peskin, Esq. of Elyria, Ohio and John W. Burnett, Esq. of Elyria, Ohio.  The Defendant, Wadsworth-Rittman Hospital is represented by Stephan Kremer, Esq. of Akron, Ohio. The Defendant, Dr. Petrilla is represented by Ms. Marilena Disilvo, Esq. of Cleveland, Ohio and Stephen E. Walters, Esq. of Cleveland, Ohio. The Defendant, Dr. Fannin is represented by Ms. Pamela E. Loesel, Esq. of Cleveland, Ohio.

Verdict: After a seven day trial the jury found in favor of the Defendants, Dr. Fannin and Dr. Petrilla and against the Plaintiff, Wanda Jean Arnold, Executrix.

Case No. 03 CIV 1494

The Plaintiff, a tradesman and independent contractor, was hired to perform some carpentry work at a new residence on Hidden Valley Drive in Wadsworth, Ohio. Plaintiff claimed that the Defendants, L.B. Wright, Jon Kipfer and Harold Reese, also independent contractors, were negligent in their construction practices and as a result, Plaintiff fell from a balcony and was injured. Plaintiff sought damages from the Defendants for his injuries.

Defendants denied any negligence and contested damages.

Plaintiff was represented by attorney Robert F. Linton of Cleveland, Ohio. Defendant L.B. Wright, Inc. was represented by Jeffrey Bramley of Medina, Ohio. Jon Kipfer and Greg Reese was represented by Jan Roller of Cleveland, Ohio.

Verdict: After a five day trial, the jury found on behalf of the Defendant and against the Plaintiff.

11-15-04    Todd R. Eberhardt v. Glenn S. Paintiff

Case No. 02 CIV 0661

Eberhardt and Paintiff are neighbors living on Center Road in Hinckley, Ohio. Plaintiff claimed that a series of criminal complaints filed against him by the Defendant, later dismissed, demonstrated malicious prosecution. Defendant denies all of the allegations made by the Plaintiff.

Plaintiff was represented by attorney Steve Bailey of Medina, Ohio. Defendant was represented by Jennifer Hensal of Medina, Ohio.

Verdict: After a three day jury trial, the jury found on behalf of he Plaintiff and against the Defendant and awarded damages to the Plaintiff in the amount of $8,000.

11-29-04    Richard Radtke v. Thomas Mason

Case no. 02 CIV 1297

Mason sold a model home to Radtke on Lester Road in Valley City, Ohio. After a few months, the new homeowners discovered that the septic system failed. Plaintiffs sought relief by tapping into the sanitary sewage rather than having the Defendant repair or replace the septic system. Mason denied that he was liable but alleged that if he was found to be responsible, Action Excavating, the installer of the septic system, should be made to contribute to the verdict.

Plaintiff was represented by attorney Michael Robusto of Brooklyn Heights, Ohio. Defendant Mason was represented by Michael Maloney of Westlake, Ohio and Third party Defendant Action Excavating was represented by Robert Daane of Canton, Ohio.

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

Case No. 03 CR 0613

In State of Ohio v. Jeffrey Mack, Case no. 04 CR 0338, the Defendant was charged with two counts of Aggravated Robbery with violent offender specifications and one count of misuse of a credit card. In this matter two young women were viciously beaten and robbed. One of the robberies occurred in Brunswick and one in Medina. The Defendant was identified and arrested. He denied his involvement in this matter.

The State of Ohio was represented by Medina County Prosecutor, Dean Holman, Esq. of Medina County, Ohio. The Defendant was represented by Kevin Kafferkee, Esq. of Cleveland, Ohio.

Verdict: After two days of jury selection, the Defendant pleaded guilty to all counts of the indictment. Sentencing is scheduled for February 2005.

12-7-04   Scenic Excavating v. Michelle Sheba

Case No.  04 CIV 0338

Michelle Sherba contracted with Scenic Excavating to perform excavation work on their property. After a short time the parties became unhappy with the each other. Plaintiff claims that the Defendant did not pay the contract price for the work done. The Defendant claims the Plaintiff failed to properly excavate the site. This lawsuit followed.

Plaintiff was represented by attorney James Stanovic of Parma, Ohio. Defendant was represented by Joseph Isabella of Cleveland, Ohio.

Verdict: The court ordered a mistrial after two days of trial.

12-14-04    State of Ohio v. Dwight D. Larcomb

Case No. 02 CR 0495

In State of Ohio v. Larcomb, Case no. 04 CR 0495, the Defendant was charged with three counts of criminal Non-support of Dependents. The Defendant has eight children and amassed a child support arrearage of over $25,000. The Defendant denied he failed to pay the ordered support. He claims his payments were made directly to the children's mother, rather than through the Bureau of Support.

The State of Ohio was represented by Assistant County Prosecutor, Anne Eisenhower, Esq. of Medina, Ohio. The Defendant was represented by Bruce Hall, Esq. of Medina, Ohio.

Verdict: After two days of jury selection, the Defendant pleaded guilty to Count One of the indictment. The remaining two counts were dismissed.

12-14-04    State of Ohio v. Timothy Wilson

Case No. 04 CR 0361

In State of Ohio v. Wilson, Case no. 04 CR 0361, the Defendant was charged possession of cocaine. The Defendant was in the rear seat of a car that was stopped on Ryan Road in Medina County, Ohio. The officer noted that the Defendant looked like he placed something between the seat. Upon inspection, tin foil with a trace amount of cocaine was found where the Defendant appeared to be reaching. The Defendant denied that the cocaine was his.

The State of Ohio was represented by Assistant County Prosecutor, Matt Razavi, Esq. of Medina, Ohio. The Defendant was represented by Karen Brouse, Esq. of Cuyahoga Falls, Ohio.

Verdict: The jury found the Defendant guilty.