Donielle S. Willis

We won a decision from the First District Court of Appeals affirming the trial court’s decision to grant our client’s motion to enforce an oral settlement agreement. We defended a condominium owners association against a lawsuit filed by several unit owners. The parties went to mediation, during which their attorneys agreed on the settlement terms. However, several of the plaintiff unit owners refused to sign the written settlement agreement.

We secured summary judgment for a landlord in a dog bite case. The plaintiff was on a rental property as a federal census worker and claimed a “vicious” dog chased her and that, while she was fleeing, she fell in a hole surrounded by bricks in the front yard, resulting in injuries. The plaintiff filed suit against both the tenant and landlord, alleging they were negligent, negligent per se and liable under Ohio’s dog bite statute. The landlord was not an owner, keeper or harborer of the dog; therefore, no liability could be imposed under Ohio’s dog bite statute.

We successfully defended an insurance broker in a negligence claim. After a tornado damaged his property, the third-party plaintiff rented an excavator that was damaged due to a collision during its operation. Before renting the excavator, the third-party plaintiff contacted our client, an insurance broker, requesting that the agency procure insurance to protect him against loss to the excavator. Our client arranged for third-party plaintiff’s purchase of two policies; however, the specific collision that occurred was not covered under either policy.

We successfully defended an appeal of a trial court grant of summary judgment in favor of a nail salon in a slip-and-fall case. The plaintiff alleged she fell in an untreated wet area inside the salon on a rainy day. However, the plaintiff failed to produce any evidence about the source of the “wet area,” or that the salon had actual or constructive knowledge of the wet area prior to the plaintiff’s fall. The trial court granted summary judgment in favor of the salon and the Ohio Court of Appeals affirmed that decision.

We successfully argued that a plaintiff’s claims against a local police department were precluded by law. First, we pointed out that our client was not an entity that could be sued. Second, we emphasized that the statute of limitations applied to bar the plaintiff’s claims. Finally, we contended our client was immune from liability pursuant to R.C. § 2744.01, even if it could be sued. The plaintiff attempted to argue his case for excessive use of force, malicious prosecution and emotional distress for being arrested after he was fired from his place of employment.