Recent Jury Verdicts – Civil
Mark McPherson, et al. v. Randall Genzman, et al., Case No. 09CV152C
Trial commenced on October 25, 2011.
This action is brought by Mark McPherson and his wife against
Randall Genzman and Monica
Genzman, arising from the collision of Mark McPherson’s vehicle
with Randall Genzman and Monica
Genzman’s heifer on Toussaint South Road in Oak Harbor, Ohio on
September 9, 2008.
Plaintiffs claimed that Defendants were negligent in constructing the
fence, out of which, the heifer escaped.
Plaintiff sought damages for his medical expenses, and pain and
suffering. Defendant Deborah
McPherson claimed that she was entitled to be compensated for loss of
denied that they were negligent and claimed that plaintiff was negligent
in failing to see and avoid the heifer in the road.
Rebecca Thompson, et al. v. Hailey Smith,
a minor, et al., Case No. 09CV154C
Trial commenced on
October 5, 2011.
This action was brought by Rebecca Thompson and her husband Lee Thompson
against Hailey Smith, a minor, arising from the collision of two golf
carts at the Turtle Creek Marina and Campground in Oak Harbor, Ohio on
August 30, 2008. Rebecca
Thompson was driving a golf cart in a westerly direction at the
intersection of two private roads on the campground and Hailey Smith was
driving a golf cart in a northerly direction, at the same intersection.
Plaintiffs alleged that Hailey Smith entered the intersection
without stopping and failed to avoid striking the golf cart operated by
Rebecca Thompson causing a collision, injuries and damages to
Plaintiffs. Rebecca Thompson
sought damages, medical expenses, lost wages, pain and suffering and
damages for permanent injury to her wrist.
Plaintiff Lee Thompson claimed that he was entitled to be
compensated for loss of consortium.
Defendant alleged that Rebecca Thompson did not stop or slow at
the intersection and collided with the golf cart driven by Hailey Smith.
Defendant denied that she was negligent and alleged that Rebecca
Thompson was herself guilty of negligence in the operation of her golf
cart which caused or contributed to this accident and resulting injuries.
Norma Ramey, Administratrix v. Genoa
Medical Center, Case No. 09CV235A
commenced on May 2, 2011.
This action was brought by the Borjas Family to recover damages arising
out of claimed injury to Reynaldo Borjas.
Plaintiffs alleged that defendant Mitchel Bowen, D.O.
(individually and as an agent/employee of defendant Genoa Medical
Center, Ltd.) was negligent in failing to screen Reynaldo Borjas for
colon cancer. Plaintiff
alleged that the negligence of defendant Bowen directly and proximately
caused Reynaldo Borjas to endure pain and suffering, mental anguish and
emotional distress, progression of cancer, metastases, a loss of
likelihood of cure, loss of enjoyment, medical expenses, and death, as
well as other damages to plaintiffs.
Plaintiff claimed that Genoa Medical Center, as employer of
defendant Bowen, was vicariously liable for the negligence of their
employee, defendant Bowen.
Defendants denied that they were negligent in any way, and also denied
that their actions caused any injury to plaintiffs.
VERDICT: For Defendants.
Recent Jury Verdicts - Criminal
State v. Robin Masing, Case No. 11CR086
Trial commenced on November 1, 2011.
Defendant was charged with one count of domestic violence, a
felony of the fourth degree; and one count of domestic threatening, a
misdemeanor of the second degree.
Not Guilty on both charges.
State v. Roaland Miller, Case No. 11CR063
Trial commenced October 11, 2011.
Defendant was charged with two counts of aggravated menacing, a
misdemeanor of the first degree; felonious assault, a felony of the
first degree; discharge of a firearm over a roadway, a felony of the
third degree; possession of criminal tools, a felony of the third
degree; and two counts of furnishing alcohol to underage persons, a
misdemeanor of the first degree.
Guilty of discharge of a firearm over a roadway; Not guilty as to
the balance of the charges.
State v. James Ireland, Case No. 10CR115
Trial commenced on March
15, 2011. Defendant was
charged with one count of disseminating material harmful to juveniles, a
felony of the fifth degree and one count of disseminating material
harmful to juveniles, a felony of the fourth degree.
Not Guilty on both charges.
Selected Decisions Recently Filed:
Properties v. Nunnari Judgment Entry (2011)
Cianciola v. Johnson's Island
Property Owners Association Judgment Entry (2011)
State v. Scott Speer Sentencing Entry (2011)
State v. Camp Ruling on Driving
Other Documents of Interest:
Voir Dire Examination Revisited
Moon's Ship Finally Came In