| COMMON PLEAS COURT I |
| JUDGE CHRISTOPHER J. COLLIER |
JUDGE COLLIER'S 2006 JURY VERDICT SYNOPSIS
CLICK ON CASE NAME FOR SYNOPSIS
1-10-06 Cheryl Staron v. Mary Johnson
Case No. 05 CIV 0056
This case is an automobile negligence case wherein the Defendant struck one car and propelled it into the
Plaintiff's car. Defendant admitted she was negligent but denied any connection between her negligence and the injuries
Plaintiff alleged.
Verdict: After a four day jury trial, the jury found against the Plaintiff and in favor of the Defendant.
1-18-06 John Berchin v. Pine Hills Golf Club, Inc.
Case No. 04 CIV 0356
This case involved an incident where Plaintiff fell and broke his wrist
during the play of a round of golf. Plaintiff contended that there was
a
hazard on the course and that Defendant had the obligation to correct
the hazard or post a warning about the hazard. Defendant denies that
there was a
hidden hazard on the course. Defendant claims that Plaintiff had the
obligation to exercise due care and that any condition was open and
obvious.
Defendant claims it is not liable under these circumstances.
The Plaintiff was represented by John Henck of Beachwood, Ohio. The
Defendant was represented by Brian Kerns of Middleburg Heights, Ohio.
Verdict: The court declared a mistrial after jury selection. The matter has been rescheduled for jury trial in February.
1-22-06 Wise v. Samples
Case No. 04 CIV 0970
This case involved an automobile accident that occurred on April 28,
2003 at the intersection of State Route 303 and Erhart Road. Defendant
rear-ended
Plaintiff's truck. Defendant admits that he caused the accident but
denies that the injuries Plaintiff suffered were proximately caused by
this collision and disputes the
Plaintiff's damage claim.
The Plaintiff was represented by Robert Lucarelli of Cleveland, Ohio.
The Defendant was represented by D. Michael Johanson of Akron, Ohio.
Verdict: After a three day trial, the jury found in favor of the Plaintiff and awarded him $42,300.
3-6-06 State of Ohio v. John Phillips
Case
No. 05 CR 0355
In this case Defendant was charged with two counts of Aggravated Vehicular
Assault. The Defendant is alleged to have traveled northbound in the center turn lane of Route 42 from
The State of Ohio was represented by Assistant County Prosecutor, Scott Salisbury.
The Defendant was represented by
attorney Thomas McGuire.
Verdict: After a two day jury trial, the jury found the Defendant guilty of both
counts of Aggravated Vehicular Assault. He
was immediately sentenced to three years in prison.
3-8-06
Michele Privera v. Lualhati Commons
The trial of Michele Privara
v. Lualhati Commons, case no. 05 CIV 0481, involved an automobile accident that
occurred on April 5, 2003 at the intersection of Carpenter Road and Laurel Road in Brunswick, Ohio. Defendant admitted that she
caused the accident but denied that all of the injuries Plaintiff suffered were
proximately caused by this collision and disputed the Plaintiff's damage claim.
The Plaintiff was represented by Aaron Berg of Cleveland,
Ohio. The Defendant was represented by Gregory Huber of
Medina, Ohio.
Verdict: After a three day trial, the jury returned a verdict of $90,000 for Plaintiff and against Defendant.
3-13-06 Brody, et al., v. SCR-SCP, Inc., et al.
This case involved a wrongful death claim made by the survivors of Martin John Brody, a Columbia Gas Co. employee killed when he was struck by a drunk driver, James Woods. Woods had been drinking at the Village Inn, a tavern in Chippewa Lake immediately prior to the crash. In this lawsuit, Brody's family sued: (1) The Village Inn pursuant to the Dram Shop Act and (2) Columbia Gas Co. under the theory of the Employer's Intentional Tort. The Village Inn and Columbia Gas Co. both denied they were liable for the death of Martin John Brody. The Village Inn claimed that its employees did not know that James Woods was intoxicated when he left the bar. Columbia Gas claimed that Woods alone was responsible for the death of its employee, Martin John Brody.
The Plaintiff was
represented by Christian Patno of Cleveland Ohio. The Defendant, The Village Inn
was represented by Todd Cheek of Medina, Ohio. The Defendant, Columbia Gas Co. was represented by
Ohio.
Verdict: After a two week trial, the jury found against the Plaintiffs on both claims.
The case of the Hermitage Homes, LTD, et al., v. Lax involves a real estate development dispute between the owner of land and developers of a real estate parcels known as "The Retreat at Medina" and "Burgundy Bay" Plaintiffs claim the Defendant breached a series of oral contracts and committed civil fraud against them. Plaintiff seek a share of the profits they earned during the claimed partnership. Defendant denies there was ever a partnership and denies any wrongdoing against the Plaintiffs. The Plaintiff was represented by Paul Pusateri of Canton, Ohio. The Defendant was represented by Ian Haberman of Medina Ohio.
Verdict: After a four day trial the jury found in favor of the Defendant.
In the case of the State of Ohio v. Frank P. Wood, case no. 05 CR 0365, the Defendant is charged with one count of Rape of a Child, less than 10 years of age and one count of Gross Sexual Imposition. The Defendant denied these allegations.
The State of Ohio was represented by Assistant County Prosecutor, Anne Eisenhower and Medina
County Prosecutor, Dean Holman. The Defendant is represented by attorneys, F. Harrison Green of Cincinnati,
Verdict: After a week-long trial, the jury found the Defendant guilty of Rape of a Child, less than 10 years of age and guilty of one count of Gross Sexual Imposition.
In the case of the State of
The State of Ohio was represented by Assistant County Prosecutor Scott Salisbury.
The Defendant was represented by attorney Gregory Chizmar of Parma Heights,
Verdict: After a three day trial, the jury found the Defendant guilty of Menacing by Stalking.
5-22-06 Sutton v. Sipp
The case of Amy Sutton v.
Kelly Sipp was an automobile accident case wherein the Plaintiff claims she was
injured as a result of the Defendant's negligence. Defendant drove her car into the rear of the Plaintiff's car on
The
Plaintiff was
represented by attorney, Lawrence Friedlander of Cleveland, Ohio. The
Defendant was represented by attorney, David C. Engle of Cleveland,
Ohio.
Verdict: After a three day trial, the jury found on behalf of the Plaintiff and awarded the Plaintiff $5,000.00 in damages.
Case No. 05 CIV 0685
The case of Gary Hajek v.
Renee Gerstenfeld, was an interesting civil matter. It was essentially a divorce without a marriage.
Gary and Renee lived together for seven months from April 2004 through
January 2005. During that time they bought a time share in Florida, a home in
Verdict: After a three day trial the
jury found that the Defendant failed to return the engagement ring and ordered
damages in favor of the Plaintiff and against the Defendant in the amount of
$5,445.94 for the ring. Otherwise
the jury found on behalf of the Defendant on Plaintiff's claim.
6-5-06 Youmell v. Whitford
The
case of Youmell v.
Whitford, case no. 05 CIV 0140, is a motor vehicle accident
claim. The parties agreed that the Defendant was at fault when
his pickup truck
struck Plaintiff's car on
The Plaintiff was
represented by attorney Stephen Brown of
Verdict: After a three day trial the jury found on behalf of the Plaintiff and awarded damages in the amount of $10,740.00
6-12-06
Hanlon v. Prostejovsky
The case of Hanlon v. Prostejovsky, case no. 04 CIV 0655, was a lawsuit where Plaintiff claimed she was injured as a result of a motor vehicle accident at I-71 and Route 18 in Medina, Ohio on June 17, 2002. Defendant admitted that he caused the accident but denied that all of the injuries claimed by the Plaintiff were as a result of this accident. Further, Defendant disputed the amount of damages claimed by the Plaintiff. The Plaintiff was represented by attorney L. Ray Jones of Medina Ohio. The Defendant was represented by attorney R. Eric Smearman of Cleveland, Ohio.
Verdict: After a two day trial, the jury found on behalf of the Plaintiff and awarded her $7,174.00.
6-27-06 Estate of
Killinger v. Stephenson
The jury trial of Killinger v. Stephenson was a
wrongful death claim involving an automobile/pedestrian collision on State Route
42 across from The Lantern tavern in
The Plaintiff was represented by attorney Robert
T. Conium and Sandra M. Kelly of
Verdict: After a four day jury
trial, the jury found in favor of the Defendant.
7-5-06 Miller v.
Norton
This jury trial involved an automobile accident
that occurred on
The Plaintiff was represented by Stephen J. Brown
and Jennifer Matyac of
Verdict:
After a two day jury trial
the jury found in favor of the Plaintiff and awarded her
$7,500.
7-13-06 Bauer v. Saari
The case of the Janet Bauer v. Ray Saari, case no. 04 CIV 0563,
involved the sale of a home on Farr Avenue in Wadsworth, Ohio.
Plaintiff purchased a home from the Defendants in September 2002.
After the Plaintiff moved in, she discovered that the basement leaked
and mold and mildew appeared on the walls of the basement.
Plaintiff contended that Defendants committed civil fraud and
misrepresented the condition of the basement.
Defendants denied they committed civil fraud. They claimed that they
gave Plaintiff information concerning the condition of the basement
before the sale.
The Plaintiff was represented by attorney Edmund Tallos of Cleveland, Ohio.
The Defendants were represented by James McIlvaine of Wadsworth, Ohio.
Verdict:
After a three day trial the jury found on behalf of the Defendants and
against the Plaintiff on her
complaint.
7-19-06 State of Ohio v. David E. Travis
The case of the State of Ohio v. David E. Travis, case no. 05 CR 0581
was a criminal matter where the defendant was alleged to have committed one count of rape of a child.
The eleven year old child was a neighbor of the defendant.
She claimed she was sexually assaulted in the basement of the defendant's home when he invited her over to play the drums.
The defendant's witnesses denied that he committed this offense.
The State of Ohio was represented by attorney Scott Salisbury
of the Medina County Prosecutor's Office. The defendant was represented
by attorney Paul Grant of Akron, Ohio.
Verdict:
After a five day trial, the jury found the defendant guilty of Rape of
a Child Less Than 13 Years of
Age.
8-8-06 Dearlove v. Newsome
The case of the John Dearlove v. Bryan Newsome concerns an automobile crash on State Route 18.
The parties agreed that Defendant was at fault when his car rear-ended Plaintiff's car that was stopped in traffic.
Plaintiff contends that the soft tissue injuries sustained in this crash were an aggravation of a preexisting condition.
Plaintiff had been in two previous car crashes within three years of this low speed collision.
Defendant denied that any injuries Plaintiff complained of were proximately related to this incident.
The Plaintiff was represented by attorney Theodore lesiak of Medina, Ohio.
The Defenadnt was represented by attorney Ronald Ziehm of Cleveland, Ohio of Cleveland, Ohio.
Verdict: After a three day trial the jury found on behalf of the Defendant and against the Plaintiff on his complaint.
8-14-06 State of Ohio v. Robert F. Morris, Jr.
The case of the State of Ohio v. Robert F. Morris, case no. 06 CR 0124
was a criminal matter where the defendant was alleged to have broken
into the home of his ex-girlfriend and assaulted her new boyfriend. The
Defendant contended that he was invited into the home and a fight
ensued and that he was the victim of assault.
The State of Ohio was represented by Assistant County Prosecutor, Joseph Dangelo.
The defendant was represented by attorney Kevin Ondrey of Wadsworth, Ohio.
Verdict: After a two day trial, the jury found the defendant guilty of the lesser included offense of F-4 Burglary.
8-21-06 Brian Brammer v. Tiger General, Inc.
This jury trial involved a wrongful termination claim made by Plaintiff
against his former employer.
Plaintiff claims that he was discharged in violation of public policy
and discharged in violation of the "Whistleblower" statute.
Plaintiff alleged he called the Fire Marshall and OSHA when he noted
violations of toxic waste disposal laws at his place of work.
Plaintiff complained that he was fired when his employer discovered
that he made the referral.
Defendant denies that he fired the Plaintiff because he called the
authorities. Instead, Defendant stated Plaintiff was unqualified for
the job and was let go because of insubordination and poor job
performance.
The Plaintiff was represented by attorney Karen Heartsmith of Canton, Ohio.
The Defendant was represented by attorney Jihad Smaili and Dan Bartos of Cleveland, Ohio.
Verdict:
After a three day jury trial, the jury found in favor of the Plaintiff
and awarded him a verdict of $15,000.00 against the Defendant.
9-11-06 Sporck v. Baker, et al.
The
case of the William Sporck v. Dwight Baker and D&D Baker, Inc.,
involved a commercial lease dispute between Plaintiff and Defendant.
This commercial lease related to the real property at 4184 Pearl Road,
Medina, Ohio, a Maaco Auto Painting and Collision franchise. Plaintiff
claimed that the Defendant failed to pay the rent on the lease and owed
Plaintiff over $27,000. Plaintiff further claimed that the Defendant
has damaged the property. Defendant denied that he failed to pay the
agreed rent. Defendant claimed that Plaintiff failed to return his
security deposit of $7,000.
The Plaintiff was represented by attorney Steven Bailey of Medina,
Ohio. The Defendant was represented by William Ehrnfelt of Westlake,
Ohio.
Verdict:
After a three day jury trial the jury found in favor of the Plaintiff
on his claim and awarded him $7,300; the jury found in favor of the
Defendant on his counterclaim and awarded him $2,900.
9-18-06 Jeffrey Kinney v. General Motors
This
case involved a claim by the Plaintiff against the Defendant for breach
of warranty and "lemon law" complaint. Plaintiff contended that there
was a defect in the 2005 Chevy Trailblazer purchased by him. Plaintiff
contended that the paint on the vehicle was defective and could not be
repaired in a reasonable period of time. Defendant denied that the
paint was defective and contended that the vehicle had been properly
repaired.
The Plaintiff was represented by attorney Peter Cozmyk of Independence,
Ohio. The Defendant was represented by Timothy Sullivan of Cincinnati,
Ohio.
Verdict: After a three day jury trial the jury found in favor of the Defendant and against the Plaintiff on his claim.
9-20-06 State of Ohio v. Sean M. Flynn
The case of the State of Ohio v. Sean M. Flynn was a criminal matter
where the defendant was charged with theft of a motor vehicle and
failure to comply with the order of a police officer. The State claimed
that the defendant led the Wadsworth police on a high speed chase after
stealing a car from behind the T-Bar. The defendant denied the
allegations and claimed that the case involved mistaken identity.
The State of Ohio was represented by Assistant County Prosecutor, Scott
Salisbury. The defendant was represented by attorney Michael Westerhaus
of Medina, Ohio.
Verdict: After a three day trial, the jury found the defendant guilty of the both auto theft and failure to comply.
9-27-06 State of Ohio v. James D. Pullin
The case of the State of Ohio v. James D. Pullin was a criminal matter
where the defendant was charged with failure to comply with the order
of a police officer. The State claimed that the defendant led the Ohio
State Highway Patrol on a high speed chase on a motorcycle. The
defendant denied the allegations and claimed that he never saw the
officer.
The State of Ohio was represented by Assistant County Prosecutor, Scott
Salisbury. The defendant was represented by attorney Bruce Hall of
Medina, Ohio.
Verdict: After a two day trial, the jury found the defendant guilty of failure to comply.
10-31-06 State of Ohio v. Alton Cromartie
The case of the State of Ohio v. Alton Cromartie was a criminal matter
wherein the defendant was charged aggravated burglary, felonious
assault, two counts of violation of a protection order, two counts of
intimidation and two counts of retaliation, and a series of gun
specifications. The State claimed that the defendant broke into the
garage of his former lover's house and waited for him to come home.
When the victim returned home he noticed condensation on the windows of
his jeep. When the victim looked for the source of the condensation the
defendant jumped out of the jeep with a gun and assaulted the victim.
The defendant claimed that the victim assaulted him and that the
defendant acted in self defense.
The State of Ohio was represented by Medina County Prosecutor, Dean
Holman. The defendant was represented by attorney Joseph Morris of
Cleveland, Ohio.
Verdict: After a two week trial, the jury found the defendant guilty on all counts.
11-15-06 State of Ohio v. Peter Riffle
The
case of the State of Ohio v. Peter Riffle involved a claim of rape made
by the adopted female child of the Defendant. The Defendant denied the
charge and contended that the charge was made up by the child and her
mother to support the mother's domestic relations case against the
Defendant.
The State of Ohio was represented by Assistant Count Prosecutor, Scott
Salisbury of Medina, Ohio. The Defendant was represented by attorney
Robert Campbell of Medina, Ohio.
Verdict: After a three day trial, the jury was discharged having been unable to reach a unanimous verdict.
11-27-06 Watkins v. Roetzel
The jury trial of Watkins v. Roetzel involved a motor vehicle collision
that occurred on August 1, 2003 in the parking lot of the Fifth-Third
Bank on Pearl Road, in Brunswick, Ohio. Plaintiff claims that Defendant
was negligent when she backed out of a parking spot and struck the car
driven by the Plaintiff. Defendant agreed that she was at fault but
denied that the injuries claimed by the Plaintiff were related to this
accident. Defendant alleged nothing she did proximately caused the
injuries, so she should not be responsible for the claimed damages.
The Plaintiff was represented by attorney Paul Kauffman of Cleveland,
Ohio. The Defendant was represented by attorney Gregory Huber of
Medina, Ohio.
Verdict: After a two day jury trial, the jury found in favor of the Plaintiff and awarded her $2,000.
12-11-06 State of Ohio v. Russell P. Price, Jr.
The police were running license plates at the Legacy Inn in Wadsworth,
Ohio. A car in front of Room 108 had plates that did not match the car.
The front desk was called and they told the police that the room was
rented to Russell price Jr. The police discovered that the defendant
had a warrant for his arrest. When the defendant opened the door it
appeared to the police that a “meth lab†had been set up in the
motel room. The defendant was charged with illegal assembly of
chemicals for the production drugs. The defendant denied he is guilty
of this offense.
The State of Ohio was represented by assistant county prosecutor, Scott
Salisbury. The Defendant was represented by attorney David Gedrock of
Medina, Ohio and A. Michelle Jackson of Medina, Ohio.
Verdict:
After a two day trial, the jury found the defendant guilty of the crime
of illegal assembly of chemicals for the production of drugs.
12-18-06 Conrad v. Paintiff
The jury trial of Kenneth Conrad and Russell Paintiff, Jr. involved a
motor vehicle collision that occurred on the off ramp of I-71 and St.
Route 303 in Brunswick, Ohio. Plaintiff Conrad claims that the
Defendant ran a red light and the collision was caused by Defendant’s
negligence. Defendant denied that he was at fault and alleged that
Conrad went through a red light. Further, Defendant claimed nothing he
did proximately caused the injuries, so he should not be responsible
for any of the claimed damages.
The Plaintiff was represented by attorney Barry Zalasko of Cleveland,
Ohio. The Defendant was represented by attorney Laurel Letts of
Cleveland, Ohio.
Verdict: After a two day jury trial, the jury found against Plaintiff and in favor of the Defendant.
This page last updated 27 December 2006