| COMMON PLEAS COURT I |
| JUDGE CHRISTOPHER J. COLLIER |
JUDGE COLLIER'S 2005 JURY VERDICT SYNOPSIS
CLICK ON CASE NAME FOR SYNOPSIS
1-18-05 State of Ohio v. Daniel Potter
In this case the Defendant is charged with Unlawful Sexual Conduct with a Minor. The law prohibits an adult from having sexual relations with a 14 year old child. The State contends that the Defendant was 19 years old when he had sexual conduct with a girl he knew was 14 years old. The Defendant denied the charge.
The State of Ohio was represented by Scott Salisbury, Esq. of Medina, Ohio. The Defendant was represented by Conrad Olsen, of Brunswick, Ohio.
Verdict: After a two day trial, the jury found the Defendant guilty.
In this case the Plaintiffs, Michael and Marlene Bossart, purchased a home at 1143 Columbia Road, Valley City, Ohio. The sellers of the home were the Defendants, Christopher and Robin Brabander. After the buyers purchased the home, they discovered that the ground water continually fouled the sump pump requiring the homeowners to pull the pump and clean it every two months. The pipes leading to the pump and drain system had to be cleaned every six months or the ground water would back up into the basement. The Bossarts claim that the Brabanders committed fraud when they executed a disclosure form regarding a sump pump and basement leak. The Plaintiffs seek damages from the Defendant as a result of that claimed fraud. The Defendants deny they committed fraud. The case is scheduled to last three days.
The Plaintiff was represented by John Oberholtzer, Esq. of Medina, Ohio. The Defendant was represented by Ian Haberman, Esq. of Medina, Ohio.
Verdict: After a three day trial the jury found for the Defendants and against the Plaintiffs.
In this matter the defendant is alleged to have raped and kidnapped a young woman who was the daughter of his friend. The defendant does not deny having sex with the victim but denies that it was by force. He contends that he and another man had consensual sex with the victim after all three drank beer and used cocaine.
The State of Ohio is represented by assistant county prosecutor Scott Salisbury, Esq. of Medina, Ohio. The Defendant is represented by L. Ray Jones, Esq. of Medina, Ohio.
Verdict: After a four day jury trial the defendant was found guilty of rape and kidnapping.
2-22-05 Russell Davis v. Larry Casenhiser
In Davis v. Casenhieser, Plaintiff claimed that the Defendant trespassed on Plaintiff's property and caused damage. Defendant denies that the property in issue is Plaintiff's. Defendant has filed a counterclaim against the Plaintiff for slander of title. Plaintiff denies the allegations in the counterclaim.
The Plaintiff represented himself. The Defendant was represented by attorney David N. Brown of Medina, Ohio.
VERDICT: After a three day trial, the jury found in favor of the Defendant and against the Plaintiff and awarded the Defendant $18,500 in compensatory damages and $15,000 in punitive damages.
2-28-05 Reber v. D.H. & L. Feed and Supply Co., et al.
On April 4, 2004 Plaintiff was driving south on Route 21. A truck operated by an employee by Defendant turned right into the lane of travel of the Plaintiff and there was a crash. Plaintiff was injured. Defendant admits some responsibility in the crash but claims that the Plaintiff herself was negligent. In addition, Defendant denies that all of the injuries claimed by Plaintiff were proximately caused in this collision. Finally the Defendant disputes Plaintiff's claim for damages.
The Plaintiff was represented by attorneys Greg Beck of North Canton, Ohio and Bruce Hall of Medina, Ohio. The Defendant was represented by attorney Jeff Bramley of Medina, Ohio.
Verdict: After three days of trial, the jury found for the Plaintiff awarded her $10,674.31.
3-14-05 White Hat Management, LLC v. Ohio Farmers Insurance Co.
In this civil matter, the Plaintiff is a management company that solicited bids to install 127 windows in the Hope Academy of Canton, Ohio. Defendant Metro Window and Glass Co. Inc. was one of the bidders for that job. The bidding process required that all bidders provide a "bid bond" to cover the possibility of the bidder's failure to proceed to enter a written contract to perform the job. Defendant, Ohio Farmers wrote the bid bond contract as the surety.
After being advised of its successful bid, Metro decided that it could not perform the work. Metro failed to enter into the written contract and otherwise failed to perform. Plaintiff, White Hat Management has sued the window installation company for breach of contract and sued Ohio Farmers Insurance Co. on the bid bond. Both Defendants claim that Plaintiff failed to fulfill a condition precedent to the contract and so they were not obligated to perform. Further, they claim that even if there was a contract, the doctrine of unilateral mistake excuses their performance.
Plaintiff was represented by attorney Darrin R. Toney of Akron, Ohio. Both Defendants were represented by attorney James T. Dixon of Cleveland, Ohio.
Verdict: After a three day trial the jury found on behalf of the Defendants and against the Plaintiff.
3-28-05
Ellen C. Miller v. Progressive Insurance Co.In this matter, Plaintiff was injured in an automobile accident on April 10, 2000 on I-71 when a car driven by Christian DeMarco struck Ms. Miller's car from behind. Ms. Miller suffered injuries as a result of that car crash and her claim against Mr. DeMarco was eventually settled. This case was an underinsurance claim made by Ms. Miller against her own insurance company. Plaintiff claimed that she had not been fully compensated for her injuries from the limits of Mr. DeMarco's insurance policy. She is seeking damages from her own company under her insurance contract which requires that she be fully compensated for her injuries.
Defendant, Progressive Insurance Co., claims that Ms. Miller has been fully compensated for her injuries from Mr. DeMarco's policy.
The jury was instructed to determine the total amount of damages Plaintiff had suffered as a proximate result of the car crash on April 10, 2000.
Plaintiff was represented by attorney Julian Renswick of Medina, Ohio. Defendant was represented by attorney D. Michael Johanson of Akron, Ohio.
Verdict: After three days of trial, the jury found for the Plaintiff awarded her $25,000.
In this criminal matter, the Defendant, Isiah McGinnis, was a passenger in a vehicle that was stopped on I-77 on June 17, 2004. In the car trunk was found bundles of marijuana alleged to weigh over 20,000 grams. The Defendant and the other passengers were charged with possession of marijuana. The Defendant denies that he knowingly possessed this marijuana. Further, the Defendant denies that the weight of the marijuana was over 20,000 grams.
The State of Ohio was represented by Assistant County Prosecutor, Scott Salisbury. The Defendant was represented by Attorney Karl Rissland.
Verdict: After a four day trial, the Defendant was found guilty of possession of marijuana in an amount greater than 5,000 grams but less than 20,000 grams.
4-13-05 State of Ohio v. James E. Robertson
In this case, the Defendant took a Ford van he saw outside a business. He crashed the vehicle later that day and was arrested by the Ohio State Highway Patrol. The Defendant admitted that he took the van without permission, but claimed that he did not intend to deprive the owner of the vehicle but, instead, was just joyriding. The State has charged the Defendant with auto theft.
The State of Ohio was represented by Assistant County Prosecutor, Scott Salisbury. The Defendant was represented by attorney John Dolatowski.
Verdict: After a two day trial, the Defendant was found guilty of auto theft.
5-2-05 Brian Gunkelman v. Tractor Supply Co., et al.
In this case the Plaintiff, a farmer in York Township, purchased 55 tarps to cover his hay and straw. He claims that the tarps sold to him were defective and caused the destruction of 21,000 bales of hay and 9,000 bales of straw. Plaintiff claims damages in the amount of $97,000. Defendants denied any claims made by the Plaintiff.
The Plaintiff was represented by Jeffery Bramley, Esq. of Medina, Ohio. Defendant, Tractor Supply Co. was represented by Andrew Stienecker, Esq. of Cleveland, Ohio. Defendant, Dize Co. was represented by John Rodman, of Cleveland, Ohio.
Verdict: After a three day jury trial, the jury returned a verdict in favor of Plaintiff and against the Defendant Dize Co., in the amount of $44,550.00. The jury found in favor of Defendant Tractor Supply Co. on Plaintiff's complaint.
5-16-05 State of Ohio v. Wes Cutlip
This case was set for trial in front of visiting Judge Thomas Curran. The State charged the Defendant with one count of Burglary. The case had been to the Court of Appeals and returned for retrial. After two days of trial, the Defendant, pleaded to a lesser included offense of burglary.
Verdict: Defendant pleaded to lesser offense.
This case involves a motor vehicle accident where the Plaintiff, who suffered from a pre-existing back injury, re-injured his back. Defendant admits liability and the issue before the jury is the measure of damages.
Verdict: After three days of trial, the jury awarded Plaintiff the sum $21,236.36 from Defendant.
5-23-05 Kukla v. Field Energy Service Inc.
This was a civil case where the Plaintiff claimed she suffered an injury when she swerved to miss a series of pipes lying across the road. Plaintiff claimed an aggravation of a preexisting injury when her car flipped on its hood. The Defendants deny any negligence, proximate cause and damages. They contended that the Plaintiff should have seen and avoided the accident.
VERDICT: After a three day trial, the jury rendered a verdict in favor of the Defendants.
5-31-05 State of Ohio v. Chester Johnson
In this case, the State charged the Defendant with assaulting a peace officer at the Medina County Jail. The Defendant denies that he assaulted the jail guard and insists that any contact was accidental.
The State of Ohio was represented by Assistant County prosecutor, Scott Salisbury. The Defendant is represented by attorney, Wesley Johnston.
VERDICT: After a two day trial, the Defendant was found not guilty.
6-13-05 State of Ohio v. Douglas Schuster
The State has charged the Defendant with rape of a child under the age of thirteen. The child is the Defendant's step-daughter. She disclosed the single act of rape to a friend and was overheard by her mother. The Defendant denies that he committed this offense and claims that the mother of the child has concocted the story to punish him.
The State of Ohio was represented by Assistant County Prosecutor, Scott Salisbury of Medina, Ohio. The Defendant was represented by attorney, James G. Sayre of Elyria, Ohio.
Verdict: After a three day jury trial the Defendant was convicted of Rape of a Child Under the Age of Thirteen Years.
In this matter, the State of Ohio charged the Defendant with a single count of possession of cocaine when the police were called to his home by his mother who was concerned about a crack pipe she found in his bedroom. A search was conducted and cocaine, heroin, marijuana and various drug paraphernalia was discovered in the nightstand next to the Defendant's bed. The Defendant denied that the crack pipe was his and contended that all of the drugs belonged to his live-in girlfriend.
The State of Ohio was represented by Assistant County Prosecutor, Scott Salisbury. The Defendant was represented by attorneys, Nicholas and Marcus Soditi.
Verdict: After a two day trial, the jury found the Defendant guilty of possession of cocaine.
7-11-05 Siatras v. Lowe
This is a matter involved an injury that occurred to a nine year old boy, Demetrius Siatras. The boy was riding a bike near his home and there was a collision with a pick-up truck, driven by Richard Lowe. The attorney for the child contended that the truck driver was negligent and caused the accident. The truck driver denied that he was negligent and, instead, claimed that the child himself was negligent and was the cause of the accident. The task of the jury in this case was to decide who caused the accident.
The Plaintiff was represented by Peter D. Janos, Esq. of Akron, Ohio. The Defendant was represented by Erin N. Poplar, Esq. of Akron, Ohio.
Verdict: After a two day trial, the jury found no liability on the part of the Defendant.
This was a medical malpractice lawsuit. Larry Cutlip claims that Dr. Mayer's conduct fell below that standard of care of a reasonable physician in relation to his treatment. Plaintiff claims that as a result of this negligence he is now blind in his right eye. Dr. Mayer denies all negligence. He alleges that the lack of success of the procedure is as a result of a combination of the Plaintiff's own failure to follow the physician's instructions and the inherent risks of the surgery.
The Plaintiff was represented by attorneys Steven Bailey and Robert Campbell of Medina, Ohio. The Defendant was represented by R. Mark Jones of Cleveland, Ohio.
Verdict: After a week long trial, the jury found on behalf of the Defendant, Dr. Daniel Mayer and against the Plaintiff, Larry Cutlip.
8-22-05 State of Ohio v. Carey A. Thomascik
This criminal case involves a charge of Permitting Drug Abuse. There is no dispute that the Defendant's juvenile daughter sold a quarter pound of marijuana out of the Defendant's apartment. The sale took place within a few feet of the Defendant who claims that he was asleep at the time and did not know of the transaction.
The State of Ohio was represented by assistant county prosecutor, Scott Salisbury Medina, Ohio. The Defendant was represented by Michael Westerhaus of Strongsville, Ohio.
Verdict: After a three day trial the jury found the Defendant guilty of permitting drug abuse.
8-29-05 State of Ohio v. Sean Toby
This criminal case involves a charge of Trafficking in Drugs. The Defendant sold drugs to a confidential informant. The Defendant admitted that he committed offense but claims that he was entrapped.
The State of Ohio was represented by assistant county prosecutor, Scott Salisbury Medina, Ohio. The Defendant was represented by Robert Schultz of Medina, Ohio.
Verdict: After a two day trial the jury found the Defendant guilty of trafficking in drugs.
9-6-05 State of Ohio v. Anthony DiVinvenzo
The case of State of Ohio v. Anthony DiVinvenzo was a matter where the Defendant was charged with the offense of Aggravated Burglary. The Defendant denies that he committed the aggravated burglary. The Defendant claimed that he was high on crack cocaine and had no purpose to commit a criminal offense and was therefore not guilty of the crime.
The State of Ohio was represented by Assistant County Prosecutor, Scott Salisbury of Medina, Ohio. The Defendant was represented by attorney, David Sheldon of Wadsworth, Ohio.
VERDICT: After a three day trial the jury found the Defendant guilty of Aggravated Burglary.
9-12-05 Gloria Polzin v. The Mail Room
In this lawsuit, the Plaintiff claimed she was wrongfully discharged from her employment at The Mail Room because she filed a workers compensation for an injury that occurred at her job. The Defendant denies that she was fired for that reason.
The Plaintiff was represented by Eric Hall, Esq., of Medina, Ohio. The Defendant was represented by J. Miles Gibson, Esq., of Columbus, Ohio.
Verdict: After a two day trial, the court ordered a mistrial.
9-19- 05
State of Ohio v. Ricardo AlmazanThe Defendant was charged with one count of possession of over 20,000 grams of marijuana. The Defendant was stopped on I-71 in a rented pick-up truck for following too closely to traffic ahead. Discovered in the open bed of truck were four spare tires filled with 90 pounds of marijuana. The Defendant denied that he had knowledge of the marijuana.
The State of Ohio was represented by Assistant Medina County Prosecutor Scott Salisbury. The Defendant was represented by attorney, Robert Campbell of Medina, Ohio.
Verdict: After a two day trial, the Defendant was found guilty of possession of marijuana.
9-26-05
State of Ohio v. Joseph WillardIn this case the Defendant was charged with the rape of a fifteen year old friend of his brother. The Defendant denied he committed the offense.
The State of Ohio is represented by Assistant Medina County Prosecutor, Scott Salisbury of Medina, Ohio. The Defendant is represented by Neal Jamison of Berea, Ohio.
This trial lasted four days.
VERDICT: The jury found the Defendant guilty of rape.
In this case, the Plaintiff, Gail Ames claims that the company that built her new home failed to conform to the contract between the homeowner and builder. Further, the homeowner claims that the builder breached the implied warranty of workmanship and violated the Consumer Sales Practices Act. Specifically, Plaintiff complained about the roof, the driveway, and the basement. The builder denies any violations.
The Plaintiff was represented by attorney William Mikesell of Akron, Ohio. The Defendant was represented by attorneys Jude Streb and Ralph Dublikar of North Canton, Ohio.
Verdict: After a three day trial, the jury found in favor of the Plaintiff on the driveway claim only and awarded $3,030 to the Plaintiff.
11-7-05 Caudill v. Unfeter
The matter of the Christine Caudill v. Jamie Unfetter, case no. 05 CIV 0038 is an automobile crash case. Both women were driving eastbound on Boston Road in Brunswick, Ohio. The crash occurred on an icy bridge over I-71. Plaintiff claimed Defendant was negligent in the operation of her auto and injured her. Defendant denied any negligence and claims that Plaintiff, herself, was negligent.
The Plaintiff was represented by attorney John West of Parma Heights, Ohio. Defendant was represented by attorney Terrence Kenneally of Fairview Park, Ohio.
Verdict: After a three day trial, the jury found on behalf of the Plaintiff and awarded her $1,295.00.
11-28-05 David Blake v. Edward Warner
The case of Blake v. Warner is an automobile crash case. In this case, both Plaintiff and Defendant were driving northbound on Chippewa Road in Doylestown, Ohio. Plaintiff claims Defendant was negligent in the operation of his auto and caused Plaintiff injuries when he rear-ended Plaintiff's car. Defendant admits that he was negligent but denies any proximate cause between the accident and Plaintiff's claimed injuries. Defendant also disputes Plaintiff's claimed damages.
The Plaintiff was represented by attorney Paul Knott of Cleveland, Ohio and Wesley Johnston of Medina, Ohio. Defendant was represented by attorney Anne Markowski of Akron, Ohio.
Verdict: After a three day jury trial, the jury returned a verdict for the Plaintiff, David Blake in the amount of $19,254.01.
The case of Anda Albrecht v. Bob Bowden, D.O., is a medical malpractice case wherein the Plaintiff claimed that the Defendant failed to meet the standard of care for a physician in gynecological surgery that resulted in a hysterectomy. Plaintiff further claimed that she was not provided informed consent by the Defendant before the surgery. Defendant denies malpractice in every regard.
Plaintiff was represented by attorney Edward Stege of Cleveland, Ohio. Defendant was represented by attorney Michael Ockerman of Akron, Ohio.
Verdict: After a five day trial the jury found that the Defendant failed to provide the Plaintiff informed consent about the risks of the procedure. The jury awarded the Plaintiff $71,620.53 in damages.
12-12-05 State of Ohio v. Thomas Woosnam
In this matter the Defendant was charged with two counts of theft, by deception and without the consent of the owner. The State claims that the Defendant stole three chemical holding silos. The Defendant denies he committed this crime. He admitted that he took the silos but contended that the silos were abandoned. The Defendant denies that he knowingly committed any criminal offense.
Plaintiff was represented by attorney Assistant County Prosecutor, Scott Salisbury of Medina, Ohio. The Defendant was represented by David Lowrey of Akron, Ohio.
Verdict: After a two day trial, the Defendant was found guilty of both counts of felony four, theft.
12-14-05 State of Ohio v. Ruth Franks
In this matter the Defendant was charged with one count of felony possession of cocaine. The Defendant was stopped for driving under suspension and speeding. In her purse was found drug paraphernalia that contained cocaine. She admitted that the cocaine was found in her purse but denied that she knew it was there. She claimed it was placed in her purse by a passenger in her car.
Plaintiff was represented by attorney Assistant County Prosecutor, Scott Salisbury of Medina, Ohio. The Defendant was represented by Wes Johnston of Medina, Ohio.
Verdict: After a two day trial, the jury was discharged when they were unable to reach an agreement on a verdict.
This page last updated 16 December 2005