cleveland

April 10, 2018


On April 10th, 2018 the trial lawyers of McNeal Schick secured a Magistrate’s Decision in favor of their client, an auto repair shop following a bench trial. The repair shop performed mechanical work on Plaintiff’s vehicle, which was subsequently lost to an underbody fire. Following the loss, Plaintiff filed suit against the shop claiming that the fire which resulted in the loss of her vehicle was a result of the repair shop’s work. McNeal Schick Attorneys argued that the available facts did not suggest that the client was responsible for Plaintiff’s loss and that Plaintiff could not establish actual causation on the part of the shop. If you would like more information contact Chad A. Schmitt (cs@msablaw.com).

March 28, 2018


On March 28, 2018, the insurance coverage lawyers of McNeal Schick secured a summary judgment ruling (pdf link) in favor of their insurance carrier client. The insured filed suit claiming that there was coverage for water infiltration and property damage in spite of the fact that the damage was caused by faulty workmanship. The Cuyahoga County Court of Common Pleas interpreted the exclusion for coverage and the ensuing loss provisions and found that coverage was not afforded for this loss granting summary judgment in favor of the firm’s client. If you would like more information contact Brian T. Winchester (btw@msablaw.com) or Jesse M. Schmidt (jschmidt@msablaw.com).

March 2, 2018


On March 2, 2018, the insurance coverage lawyers of McNeal Schick secured an agreed dismissal of all claims with prejudice (pdf link) in favor of their client, the owner of a bar / restaurant operating in a leased commercial space, without any settlement payment. After a significant fire loss, the client was sued by the building owner, who alleged the client was responsible for the fire and resulting property damage and demanded payment of over $200,000. With the support of an expert engineer who analyzed the cause of the fire, McNeal Schick attorneys argued the client was not responsible. They also argued that the plaintiff-lessor legally waived its right to pursue the client for the damages. If you would like more information, contact Jesse M. Schmidt (jschmidt@msablaw.com) or Brian T. Winchester (btw@msablaw.com).

February 24, 2018


On February 24, 2018, the premises liability lawyers of McNeal Schick obtained a jury verdict in the Lorain County Court of Common Pleas. This case involved a trip and fall at a rental property owned by our client. Plaintiff sustained tibia and fibula fractures as a result of the fall and went through an open reduction internal fixation surgery for the fractures resulting in the permanent installation of plates and screws. Medical damages claimed were nearly $50,000 of billed expenses on approximately $17,000 of paid medical expenses. The jury returned a gross verdict of $40,000 consisting of $17,000 in economic loss and $23,000 in non-economic (pain and suffering) damages. After allocating negligence to Plaintiff and several non-parties, the net verdict against our client was $15,200. If you would like further information, contact Brian T. Winchester (btw@msablaw.com).

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).





 

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McNeal Schick Archibald & Biro Co., L.P.A.
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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