James focuses his practice on the resolution of motor vehicle, brain injury, product liability, construction and medical related cases. Jim brings the experience of trying well over 100 civil jury trials in Ohio, Pennsylvania, and West Virginia during his career. He serves as statewide trial counsel for manufacturers, insurance companies, construction firms and health care facilities.
Jim's clients have included insurance carriers in direct actions involving coverage issues and underinsured/uninsured claims, hospitals in all aspects of hospital operation, manufacturers of construction equipment and industrial machinery in product liability matters, quarry operators, and oil and gas producers in products liability and general negligence matters.
Jim is a frequent lecturer on trial advocacy and case handling, and he sits as chair of the Trial Tactics Committee of the Ohio Association of Civil Trial Attorneys (OACTA), a statewide defense organization. He is the former chair of the Insurance Relations Committee of the OACTA, and as such, has been a speaker at several seminars directed toward the defense of civil matters. Jim has written two amicus curiae briefs for the Ohio Supreme Court on insurance-related matters. In 2009, Jim was named an Ohio Super Lawyer.
Outside of his practice, Jim has served as the past president of the Atwood Ridge Condo Association, chair of the Walsh University Advisory Board, and a member of Big Brothers/Big Sisters of Stark County.
Significant Representative Matters
· A defense jury verdict in a tort/underinsured motorist suit directly against an insurance carrier where the plaintiff claimed brain injury and demanded $1.25 million.
· Resolution of a wrongful death action against a manufacturer of a forklift for nuisance value ($5,000) by establishing that the incident was not caused by a defect in the product.
· Resolution of a claim during trial of a dentist who, as a result of an auto accident, was left with neurological damage to her right arm. Economic experts claimed her professional loss due to the inability to practice dentistry was in excess of $3.4 million, but the case was settled during trial for approximately 24% of that number, due in large part to the cross examination of plaintiff's expert revealing several inconsistencies.
· Supervised and coordinated several protective investigations for national construction firm requiring immediate response and scene inspection within hours of incidents to preserve the evidence and coordinate defenses often leading to the prevention of claims.
· Prepared and argued successful motion for summary judgment in Federal Court for manufacturer of industrial machinery.
· Successfully coordinated investigation and defense of Japanese manufacturer of industrial machinery in an amputation case leading to dismissal of client before trial.
Published Works
· "Discovery In A Slip/Trip And Fall Case," OACTA Quarterly Review, Vol. 33, No. 2, Spring, 1998
· "Selection, Use, Care And Feeding Of Expert Witnesses," OACTA Review, Winter, 2002
· "Opening Statements: You Never Have a Second Chance to Make a First Impression," OACTA Quarterly Review, Vol. 2, Issue 4, Winter, 2009-2010
Classes/Seminars Taught
· "Courtroom Warriors" Present: Trying Your Case To A Defense Verdict; "Opening Statements; Making A Good First Impression", Cleveland Association of Civil Trial Attorneys, August 2008
· Law Office Management, University of Akron (1992, 1995)
· Insurance Seminar, Ohio Academy of Trial Lawyers (1992)
· Defense of Wrongful Death Case, Ohio Association of Civil Trial Attorneys (2002)
· Insurance Relations Round Table, Ohio Association of Civil Trial Attorneys (2003)
· Use, Selection of Expert Witnesses, Ohio Association of Civil Trial Attorneys (2003)
Past Employment Positions
· Vogelgesang, Howes, Lindamood & Brunn (Canton, Ohio), Partner
· Baker, Dublikar, Beck, Wiley & Mathews (North Canton, Ohio), Partner
· United States Army Reserve, 1981-1990
Associations & Memberships
· American Bar Association
· Ohio Academy of Trial Lawyers, 1989-1993
· Ohio Association of Civil Trial Attorneys (Chair, Insurance Relations Committee, 2002-2007; Chair, Trial Tactics Committee, 2009-Pres.)
· Ohio State Bar Association
· Stark County Ohio Bar Association
· West Virginia Bar Association
Honors & Awards
· BV® Distinguished™ Rating by LexisNexis Martindale-Hubbell
· Ohio Super Lawyer, 2010
Year Joined Organization: 2006
Publications
You Never Have A Second Chance To Make A First Impression
Articles · January 1, 2010
OACTA Quarterly Review, 2009/2010 - Winter, Volume 2, No. 4