Plaintiff and her husband were traveling down a rural road under the right of way when a tractor-trailer truck failed to yield at a stop sign, causing a collision.  Plaintiff suffered a calcaneous (heel) fracture and comminuted ulna (wrist) fracture, requiring external fixation and surgical intervention for placement of a vena cava filter because of blood clots.

Settlement: $350,000.00

2004     Kekelis v. Mack

Plaintiff was injured when Defendant hit and flipped his vehicle while driving under the influence of alcohol (DWI), causing a rotator cuff tear necessitating surgical repair and placement of a Mitek Anchor in his shoulder.

Jury Verdict: $82,000.00, plus attorneys' fees
Final Judgment: $112,000.00

2003     Estate of John Doe v. Jane Doe, M.D.

Plaintiff was a 62-year-old man who developed changes in bowel habits, recurring bouts of constipation and diarrhea, loss of weight, vomiting and eventually presented with blood in his stool.  Plaintiff's family physician treated these conditions for over 20 months without ordering appropriate or timely diagnostic evaluation of Plaintiff's colon via colonoscopy.  While driving his truck at work, Plaintiff's colon ruptured from a colonic tumor.  Emergency surgery was performed but the cancer had spread.  Plaintiff underwent unsuccessful chemotherapy treatment over four months and then died.  Plaintiff's estate claimed Defendant failed to timely diagnose and treat decedent's colon cancer resulting in spread of disease and death.  He was survived by his wife of 26 years, five daughters and three stepchildren.

Settlement: Confidential

2003     In Re Advanced Lighting Securities Litigation

Settlement: $8,400,000.00

(Co-Counsel Milberg, Weiss, Bershad, Hynes & Lerach, LLP)

2002     Estate of John Doe v. Company X

Mr. Doe was an employee of Company X, working as a maintenance man.  While repairing the Acrash@ of a Garnett/Lapper machine, Mr. Doe was underneath the machine, which was neither locked out nor tagged out.  Company X preferred that the machines not be locked or tagged out when repairing a crash because it slowed down production.  The machine crash was cleared and Mr. Doe was caught by the neck between the Lapper roller and shaft and was asphyxiated.  Company X reported the death as a heart attack rather than a strangulation.  Mr. Doe's family alleged a violation of workplace safety regulations and an employment intentional tort.

Settlement: $1,350,000.00

2002     Michael Hippo v. ABC Company

Michael Hippo was a salesman working for a general contractor who placed him in the role of Job Superintendent on a building site.  He was requested by a subcontractor to climb a 14-foot A-frame ladder to paint piping.  While atop the ladder, he leaned on the piping which was secured by ceiling hangers.  The piping moved, causing him to fall 14 feet, landing on his head.  Michael Hippo suffered post-traumatic seizures with cognitive dysfunction and a subsequent behavioral disorder, resulting in uncontrolled fits of aggression and damaged short-term memory.  Michael Hippo alleged negligence on the part of the third-party subcontractor.  ABC Corporation contended Michael Hippo caused his own injury and that he was a loaned servant which provided ABC Corporation immunity from suit.

Settlement: $4,530,000.00

2002     Andrea Kmetz, Admin. for Estate of Jay Kmetz v. MedCentral Health Systems

Jay Kmetz underwent anterior cervical diskectomy and fusion (ACD&F) on 3/10/98 at Mansfield Hospital.  Over the next twelve hours, Jay experienced post-operative complications, eventually leading to complaints of inability to breath and swallow at 2:00 a.m.  Despite subjective complaints, the nurse noted no objective findings, and failed to obtain a medical consult.  At 2:35 a.m. on 3/11/98, Jay Kmetz suffered a respiratory arrest, leading to cardiac arrest.  Jay Kmetz' death followed 15 hours later.  The family declined an autopsy and the cause of death remained in dispute.  Plaintiff presented no economic loss and proceeded to trial on Decedent's survivorship claims for pain and suffering and losses to the five surviving adult siblings and parents.

Jury Verdict: $500,000.00 (survivorship only)

2001     In re Jane Doe

Thirty-five year old woman suffered fractured vertebra while a passenger in a vehicle hit by an underinsured motorist.

Settlement (presuit): $437,500.00

2001     Jane Doe v. Atlas Iron, et al.

Defendant truck driver (Atlas Iron) parked his semi-tractor and trailer in a full lane of traffic on a two-lane roadway in front of Defendant A-1 Auto's lot, where he was to pick up a load of scrap steel.  It was 3:00 p.m. and A-1's parking lot was full with no place to park on the premises.  Plaintiff, age 30, came over the crest of a hill and curve in the roadway, which created a view obstruction, providing only 437 feet of visibility.  When Plaintiff was able to perceive and react to the truck in her lane of traffic, it was too late, and she hit the back of the parked vehicle, suffering severe and debilitating injuries, including a broken femur, two broken wrists, fractured ankle and degloving injury to her face.  Defendants argued Plaintiff hit the back of the parked truck because she was not paying enough attention to the road in the operation of her vehicle.  Plaintiffs argued Defendant Atlas Iron failed to provide warning to oncoming vehicles and Defendant A-1 Auto created a constructive nuisance by failing to provide parking access to business invitees.

Settlement: $524,000.00

2000     Brenda Muriel, as Administratrix and Prosequendum for the heirs-at-law of Jayson Diaz, Jr., Deceased, et al. v. Yellow Freight Systems, Inc., et al.

Decedent was a 12-year-old boy killed as a passenger in his mother's vehicle, when it was hit by a Yellow Freight truck on the Ohio Turnpike.  The mother's vehicle was disabled and being towed with a makeshift tow rope by a U-Haul truck driven by the child's father at 2:00 a.m. in the morning. The driver of the Yellow freight truck claimed the car was being illegally towed and had no lights. The family claimed the driver of the truck failed to keep an assured distance.  After impact, the parents were unable to remove the child from his car seat before the car exploded and caught fire.

Settlement: $700,000.00

2000     In re:  The Estate of John Doe, a minor

Plaintiff's decedent was a four-year-old boy killed as an unrestrained front seat passenger in a motor vehicle accident.  The child was killed as a result of the impact from the airbag which was triggered by the motor vehicle accident.

Settlement (presuit): $700,000.00

2000     The Estate of Jane Doe v. ABC Trust

Plaintiff Jane Doe, deceased, was a 66-year-old retired county worker residing in an apartment complex on Cleveland,'s east side.  Ms. Doe was single with no children.  A fire broke out in the first floor laundry room of her building in the early morning hours.  The fire was determined to be of human origin.  There had been at least five previous fires of human origin in the laundry rooms of buildings in this complex, and one in her building.  The complex also had a history of vagrants living in apartment laundry rooms.  All other tenants escaped, but Ms. Doe was killed in the fire.   Plaintiffs alleged the apartment complex was negligent in failing to provide adequate security to protect its residents.  Defendant contended this was arson and nothing could be done to prevent the fire.

Settlement at Trial: Confidential

Co-Counsel:  Johnnie Cochran, Esq.

2000     Leyland Hoyle v. Murlon T. Lile Trucking Co.

Mr. Hoyle was an over the road truck driver hit from behind by another truck on the freeway.  As a result of the impact, he suffered a concussion and an abdominal hernia.  The insurance company for the Defendant would not pay for the $7,000 property damage to repair Mr. Hoyle's truck or for the $6,000 in medical costs for surgery to repair his hernia.  As a result, Mr. Hoyle could not work, and his truck was repossessed because he could not make his loan payments.

Jury Verdict: $178,881.00 (case settled after verdict for $195,000.00 pending motions for prejudgment interest and costs)

1998     The Estate of Max Harrell (deceased) v. Gaylord Foundry Equipment Co., et al.

Plaintiff Max Harrell, deceased, was a 61-year-old man working at an aluminum coring foundry when a solenoid gassing valve stuck open causing sulfur dioxide gas to leak into the ambient work air.  Mr. Harrell was a known asthmatic and was exposed to the gas causing an asthma attack, which resulted in suffocation and death.  The widow brought suit alleging product defect and failure to warn.  Defendants contended the employer misused the product and Plaintiff should not have been working in that environment.

Settlement at Trial: $575,000.00

1998     Randall Figuly v. Fortune Products, Inc. et al.

Plaintiff, a 26-year-old line cook, was injured when the knife sharpener he was utilizing fractured in his hand allowing the knife to run free lacerating his wrist, partially severing the nerves, tendons, and muscles in his left hand.  Plaintiff alleged negligent design, manufacture and inadequate warnings on the knife sharpener.  Defendants contended misuse of the product by the Plaintiff and his employer.

Settlement: $436,838.00

1997     Thomas Ortman, et al. v. John Doe, M.D., et al.

Plaintiff, a 37-year-old man, was diagnosed with testicular seminoma Stage I causing the removal of his right testicle.  After completing post surgical radiation treatments, he was discharged with a clean bill of health from his physician's care.  Five months later, Plaintiff experienced severe pain in his low back and abdomen causing him to return to the emergency room.  At that time, he was diagnosed with a mixed germ cell tumor, with masses around his kidneys and in the muscle areas surrounding his kidneys.  Plaintiffs alleged that the Defendants failed to diagnose the mixed germ cell tumor, misread the original pathology findings and discharged the patient without appropriate follow up care.  This resulted in the spread of cancer causing Mr. Ortman to undergo additional chemotherapy treatments and 19 unnecessary radiation treatments.  As of resolution to this claim, Plaintiff had recovered and was cancer free.

Settlement: $200,000.00

1997     Ralph DePolo, et al. v. John G. Pasalis, M.D.

Plaintiff was a 67-year-old man who presented to the Defendant urologist on referral from his general physician for concerns related to microscopic blood in his urine.  Plaintiff also had a urinary tract infection and hesitation in his stream of urine.  Defendant preformed numerous tests to screen the prostate, but neglected to pay attention to the results of an IVP film which indicated a suspicious area in the bladder.  Plaintiff was next seen by the Defendant one year later on follow up with gross blood in his urine.  The Defendant treated the prostate, but ignored the bladder over the course of the next six months.  Plaintiff sought a second opinion and was diagnosed with a huge bladder tumor.  Eventually, his bladder was removed and he was left with a stoma and an external pouch for urine retention.

Jury Verdict: $300,000.00

1997     John Doe v. ABC Hospital and Physicians

Plaintiff was admitted to the hospital emergency room with complaints of stomach pains.  He was diagnosed with gall stones and stabilized.  Two days later, the treating surgeon recommended gall bladder surgery.  Plaintiff was not a candidate for a surgical procedure because of other health concerns including hypertension, cardiomegaly, sleep apnea, morbid obesity and a history of psychiatric treatment.  The patient underwent the procedure and during the reversal from anesthesia, he suffered a hypoxic injury leaving him in a comatosed state.  He had remained in a coma since 1994.

Settlement: Confidential

1997     David Buckley v. Alfalfas Enterprises, Inc. dba Slam Jams, et al.

Plaintiff, a business invitee, was assaulted by 3 to 5 other patrons at the Slam Jams Sports Bar and Grill.  Plaintiff claimed the bar maintained inadequate security for the safety of its customers.  Defendant contended that they should not be held responsible for the unforeseeable criminal acts of third parties and that Plaintiff contributed to his own injuries.  Plaintiff sustained spinal cord injury including Brown Sequard Syndrome.  As a result, he experienced atrophy of the right shoulder, arm and loss of dexterity in right hand as well as numbness in his left lower quadrant and a surgical laminectomy of C4-C7.

Settlement at Trial: $850,000.00

1997     Jeff Dawson v. Midwest Plastic Fabricators, et al.

Plaintiff was a passenger on a single engine plane which crashed shortly after takeoff en route from Atlanta to Cleveland,.  The pilot was killed and Plaintiff suffered broken bones and was burned over parts of his body. Eventually, part of his left leg was amputated.  Defendants contended Plaintiff deviated from the course and scope of his employment and was not permitted to receive benefits from the Ohio workers' compensation fund.  Plaintiff claimed he was working at the time of the crash discussing business with the pilot of the plane who was a co-employee.

Jury Verdict: Plaintiff entitled to receive full benefits

1996     Leroy Carter v. Greyhound Lines, Inc., et al.

Plaintiff was a 74-year-old man who was a passenger on a Greyhound bus.  The bus driver lost control of the vehicle and drove the bus into a ditch.  Defendants admitted liability and the case proceeded on damages.  Plaintiff suffered post-traumatic stress disorder resulting in stammering and headaches as well as soft tissue injuries to his right hip.

Jury Verdict: $50,000.00

1996     The Estate of Robert Mills v. United States of America

Plaintiff alleged medical negligence when a 57-year old male presented to Wright Patterson Air Force Base Medical Center for treatment of a progressive sore throat.  Plaintiff's decedent sat in the emergency room for over 1 hour before being seen and then after consultation with a physician, sat for two additional hours before going into full respiratory arrest.  Defendants contended that arrest was sudden and not clinically foreseeable.  Decedent was diagnosed with epiglotittis, a viral condition causing swelling of the epiglottis.  Subsequent creation of an airway was untimely and resulted in hypoxia, shock lung, eventual ARDS, multi system failure and death.

Settlement: $500,000.00

1996     The Estate of Scott McGraw (a minor) v. Roger Murdock

Twelve-year-old Scott McGraw was struck and killed by Defendant's truck while crossing the street from his mailbox to his home.  Defendant contended the boy unexpectedly ran into the road and that he was traveling 20 mph under the speed limit. Plaintiff contended that Defendant failed to act as a reasonable driver in that he saw the boy at the roadside but failed to take into consideration the immediate danger and unpredictable nature of a child near the roadway on a 55 mph rural road.

Settlement: $272,500.00 (exhaustion of policy limits on primary coverage plus underinsured benefits)

1995     John Doe, et al. v. John Doe, D.C., D.M.

Plaintiff suffered a stroke while under the treatment and care of Defendant Chiropractor at his health institute while on a supervised therapeutic fast.  Plaintiff suffered partial left-sided paralysis as a result of the stroke.

Settlement: Confidential

1995     Joe Frankovich v. Asplundh Tree Expert Co., et al.