This work has enabled Dinsmore & Shohl LLP attorneys to provide unique insights for clients in the private sector as well. Consequently, we are able to assist clients in areas such as zoning and land use, eminent domain, annexation, and public construction with a working understanding of the full range of concerns and issues that could otherwise impede client objectives when dealing with governmental entities.
Published Decisions - State of Ohio
Selected published decisions - State of Ohio:
- Lowe v. Cincinnati Inc., Tenth Appellate District, 07-AP-850 (September 25, 2008).
Upheld termination of permanent total disability benefits.
- Sexton v. City of Mason , 117 Ohio St. 3d 275 (2008).
Summary judgment upheld--city not liable for flooding on homeowners’ property and claim of permanent trespass.
- Williams v. City of Hamilton, Twelfth Appellate District, CV 2005-09-3061 (July 21, 2008).
Summary judgment upheld--city not liable for intentional tort involving employee with 2nd and 3rd degree burns over large percentage of his body.
- Crosset v. Marquette, First Appellate District, 2007 Ohio 550 (February 9, 2007). Discretionary appeal denied, Crosset v. Marquette, 114 Ohio St. 3d 1428, (2007).
Summary Judgment upheld--officer did not engage in malicious prosecution.
- State ex rel. Hiatt v. Indus. Comm’n., 99 Ohio St. 3d 32; (2003).
Supreme Court affirmed industrial commission award of minimum benefit.
- State Farm Cas. v. Black & Decker, Inc., Eighth Appellate District, 2002 Ohio 5821, (October 24, 2002), Discretionary Appeal denied, State Farm Cas. Co. v. Black & Decker (U.S.), 98 Ohio St. 3d 1480 (2003).
Reversing verdict for plaintiff in a products liability action and ruling in favor of defendant manufacturer--testimony of plaintiff’s expert was contradicted by physical facts.
- Stanley v. City of Miamisburg, Second Appellate District, 2000 Ohio App. Lexis 205, (January 28, 2000).
Summary judgment upheld--Judicial estoppel precluded plaintiff from claiming City constructively discharged him by “forcing” him to retire in retaliation for whistleblowing.
- Golden v. Kearse, Twelfth Appellate District, 1999 Ohio App. Lexis 2573,
(June 7, 1999).
Summary judgment upheld--truck driver was independent contractor at time of accident and not entitled to workers’ compensation.
- Cincinnati Bell Tel. Co. v. Village of Fairfax, 81 Ohio St. 3d 599 (1998).
Supreme Court upheld Village’s right to impose net profits tax on telephone company.
- General Accident Ins. Co. v. Black & Decker (U.S.), First Appellate District, 1996 Ohio App. Lexis 4907, (November 13, 1996).
Defense verdict in product liability claim upheld--trial court properly admitted testimony of a manufacturer’s expert witness.
- Gallaher v. Manpower Int’l, First Appellate District, 106 Ohio App. 3d 881, (October 25, 1995).
Summary judgment upheld--heart attack not caused by employment.
- Helton v. Consol. Rail Corp., Twelfth Appellate District, 1992 Ohio App. Lexis 3881, (July 27, 1992).
Summary judgment upheld--railroad had no duty to provide crossing warnings beyond those required by statute and the injured motorist was required to exercise ordinary care for his own safety.
- Sites v. Proctor & Gamble Mfg. Co., Third Appellate District, 1991 Ohio App. Lexis 6471, (December 24, 1991).
Summary judgment upheld--owner of premises had no duty to warn or protect individual independent contractors from dangers associated with work they were hired to perform.
- Dickstrom v. Southern Ohio Fabricators, Inc., Twelfth Appellate District, 1990 Ohio App. Lexis 502, (February 12, 1990).
Summary judgment upheld--employee’s death not caused by intentional tort.
- Miller v. Procter & Gamble Mfg. Co., Third Appellate District, 1989 Ohio App. Lexis 4793, (December 20, 1989).
Directed verdict upheld--manufacturer not responsible for injuries to an employee of an independent contractor where the employee was responsible for the condition of her work area and knew of the dangers of the job.
- Cox v. Consolidated Rail Corp., Twelfth Appellate District, 1989 Ohio App. Lexis 3313, (August 28, 1989).
Summary judgment upheld--Rail company’s failure to use warnings at grade crossing was not a nuisance.
- Grimsley v. General Motors Corp., Twelfth Appellate District, 1988 Ohio App. Lexis 516, February 15, 1988.
Summary judgment upheld--employer did not act with the belief that an injury was substantially certain to occur.
- Joseph v. Consolidated Rail Corp., Twelfth Appellate District, 1987 Ohio App. Lexis 9435, (October 30, 1987).
Summary judgment upheld--surveillance by private contractor did not impose liability on the employer.
- Baker v. Consolidated Rail Corp., Second Appellate District, 1986 Ohio App. Lexis 7559, (July 8, 1986).
Summary judgment upheld--railroad not liable for failing to provide warning devices in addition to the usual signs at a crossing where the decedent was killed by a train because the crossing was not especially dangerous.
Published Decisions - Federal
Selected published decisions - Federal:
- Lavender v. City of Blue Ash, 162 Federal App. 548, (6th Cir. 2006)
Summary judgment upheld--Officers who detained plaintiff had reasonable belief that armed robber might have been in car, and were justified in using force to secure scene.
- Watson v. City of Mason, No.: C-1-04-283, United States District Court for the Southern District of Ohio, Western Division, 2005 U.S. Dist. Lexis 27116, (November 8, 2005).
Summary judgment upheld--city’s municipal court building did not violate ADA.
- Feinthel v. Payne, No. 04-3057, United States Court of Appeals for the Sixth Circuit, 121 Fed. Appx. 60; 2004 U.S., (December 30, 2004).
Summary judgment upheld--City policy did not cause the injuries, there was probable cause for the search and arrest, and the force was proper under the circumstances.
- Paquette v. City of Mason, 250 F. Supp. 2d 840; 2002 U.S. Dist. Lexis 25934, (September 3, 2002).
Summary judgment upheld--Employee’s e-mail did not constitute a matter of public concern, and city did not violate Ohio’s Whistleblower Act.
- Johnson v. City of Mason, 101 F. Supp. 2d 566; 2000 U.S. Dist. Lexis 8604,
(April 4, 2000).
Summary judgment upheld--Employee’s right leg injury and resulting limitations did not constitute disability within meaning of ADA.
- Rucker v. City of Kettering, 84 F. Supp. 2d 917; 2000 U.S. Dist. Lexis 1765,
(February 7, 2000).
Motion for preliminary injunction in civil rights action for denial of employment on basis of gender was denied.
Ohio Secretary of State
Defense of past Ohio Secretary of State in class action suit alleging violation of rights to privacy, personal security and due process
SK Construction v. Municipality
Suit by prime contractor against owner and project engineer involving issues of delay, interference and breach of contract
Represented Village as owner of large, multi-year flood control project in negotiations with co-owner City, contractors, public utilities, private landowners, and U.S. Army Corps of Engineers. The project included contract negotiation, contractor claims, eminent domain, property acquisition, government compliance, utility relocation, and legislation.
Negotiated and guided passage of complex Planned Unit Development Zone with developer and multiple governmental and private stakeholders for large redevelopment of industrial property into mixed office and retail use
City of Columbus City Attorney
Special Counsel to Columbus City Attorney
Providing advice to City of Columbus with respect to sanitary sewer project
City / Village
City / Village v. Property Owners
Eminent domain suit
Successfully prosecuted multiple property annexations for City in front of County Commissioners, including appeal to Court of Common Pleas.
City / Village
Anonymous Plaintiff v. City / Village
Municipal taxation issue
Kentucky League of Cities
City of Maysville v. Commonwealth of Kentucky, Finance and Administration Cabinet
Action for declaratory judgment related to interpretation of Kentucky funding statutes
Former Council Member v. Former Vice-Mayor
Defense of former Vice-Mayor against claims of defamation, tortious interference and abuse of process
High Technology Service / Outsource Contracts
Hundreds of high technology service / outsource contracts with state, county, territorial, municipal, local and federal governments.
City of Blue Ash
Greater Cincinnati Plumbing Contractors' Association, et al. v. City of Blue Ash
Suit challenging a municipality's use of design-build bidding for public improvements