cleveland

January 25, 2018


On January 25, 2018, the insurance coverage lawyers of McNeal Schick obtained an appellate victory (pdf link) in the Eighth District Court of Appeals in favor of their client, an insurance carrier, on the issue of whether a commercial automobile policy of insurance issued to an Ohio limited liability company provides underinsured motorist coverage to a claimants that were injured outside the course and scope of their employment with the named insured limited liability company. The Eighth District Court of Appeals followed the Supreme Court of Ohio’s decision in Westfield v. Galatis, 2003-Ohio-5849, and held that the applicable policy of insurance does not provide coverage to claimants injured outside the course and scope of their employment with the named insured business entity. Further, the Court held that the applicable commercial automobile policy of insurance did not contain specific language to the contrary as required in Westfield v. Galatis. If you would like further information, contact Patrick J. Gump (pgump@msablaw.com) or John C. Cubar (jcc@msablaw.com).



January 12, 2018


On January 12, 2018, the premises liability lawyers of McNeal Schick secured a summary judgment (pdf link) in the Ottawa County Court of Common Pleas in favor of their client, a local restaurant, on claims that the Plaintiff’s significant physical injuries were caused by the negligence of the restaurant in permitting a dangerous condition to exist on its premises. If you would like further information, contact Patrick J. Gump (pgump@msablaw.com).



January 9, 2018


On January 9, 2018, the professional liability lawyers of McNeal Schick secured an appellate victory (pdf link) in the Fifth District Court of Appeals in favor of their client, a design professional, on claims that the design professional breached its contract with the State of Ohio in providing professional engineering services in the construction of a structure that was substantially completed more than twenty years ago. The Fifth District Court of Appeals held that Ohio’s Statute of Repose, R.C.2305.131, applies to actions brought against design professionals for injury to person or property caused by a defective or unsafe improvement to real property, whether such action sounds in tort or contract. Moreover, the Court of Appeals held the doctrine of nullum tempus, a “prior rule of law of this state,” shall not prevent application of the Statue of Repose. If you would like further information, contact Brian T. Winchester (btw@msablaw.com) or Patrick J. Gump (pgump@msablaw.com).



December 18, 2017


McNeal Schick is pleased to announce that John C. Cubar and Brian T. Winchester have again been nominated by their peers and selected for inclusion in the 2018 edition of Ohio Super Lawyers and at SuperLawyers.com. This selection is limited to the top 5% of attorneys in the State of Ohio through the Super Lawyers peer-reviewed and research-validated process. It should also be noted that for the Construction Litigation area of practice, John and Brian are two of only 33 lawyers across the entire State of Ohio selected for that practice area.



October 23, 2017


On October 23, 2017, the trial lawyers of McNeal Schick obtained a defense jury verdict (pdf link) in the Richland County Court of Common Pleas in favor of their client, an HVAC technician, regarding claims for property damage and punitive damages.  Plaintiffs (property owners and subrogated insurance carrier) alleged that the Defendant breached his standard of care in allegedly causing a fire that caused significant damage to a home.  Liability and damages were both contested.  If you would like more information, contact Brian T. Winchester (btw@msablaw.com) or Patrick J. Gump (pgump@msablaw.com).



October 18, 2017


On October 18, 2017, the insurance coverage lawyers of McNeal Schick secured a declaratory judgment (pdf link) in the Lorain County Court of Common Pleas in favor of their general liability insurance carrier client that it did not owe a duty to defend or indemnify its insured on a claim for violation of Ohio’s Dram Shop Act in spite of claims within the Complaint that the insured committed additional acts of negligence beyond violating the Dram Shop Act.  If you would like more information, contact Brian T. Winchester (btw@msablaw.com) or Marilyn J. Singer (mjs@msablaw.com).



October 12, 2017


On October 12, 2017, the professional liability lawyers of McNeal Schick secured a summary judgment (pdf link) in the Franklin County Court of Common Pleas in favor of their architect client on multiple claims of professional malpractice stemming from a condominium complex fire reportedly causing nearly $600,000 in property damage.  If you would like more information, contact Brian T. Winchester (btw@msablaw.com) or Patrick J. Gump (pgump@msablaw.com).



July 5, 2017


On July 5, 2017, the premises liability lawyers of McNeal Schick secured a summary judgment (pdf link) in the Cuyahoga County Court of Common Pleas in favor of their client, a church, on claims that the Plaintiff’s significant physical injuries were caused by the negligence of the church in creating or allowing a nuisance to exist on its premises. If you would like further information, contact Brian T. Winchester (btw@msablaw.com) or Jesse M. Schmidt (jschmidt@msablaw.com).



June 29, 2017


On June 29, 2017, the professional liability lawyers of McNeal Schick secured a summary judgment (pdf link) in the Franklin County Court of Common Pleas in favor of their architect client on a slip and fall claim alleging faulty design as the cause of the Plaintiff’s fall and subsequent injuries. If you would like further information, contact Brian T. Winchester (btw@msablaw.com) or Jesse M. Schmidt (jschmidt@msablaw.com).





 

Copyright © 2018
McNeal Schick Archibald & Biro Co., L.P.A.
All Rights Reserved




McNeal Schick Archibald & Biro Co., L.P.A.
Van Sweringen Arcade
123 West Propect Avenue, Suite 250
Cleveland, Ohio 44115
Phone: 216-621-9870
Fax: 216-522-1112
mail@msablaw.com