51ºÚÁϳԹÏÍø

Obtained directed verdict at jury trial involving a vehicular accident. The court granted a directed verdict in favor of the defense, concluding that the plaintiff failed to establish a prima facie case of negligence, as the medical expert's opinion was based solely on the plaintiff's reported history and did not consider subsequent cancer diagnoses or imaging results.

Obtained dismissal in favor of a dental services provider.

Represented local youth hockey association against defamation and related tortclaims.

Defended a title company in a quiet title action after the defendant purchased property by way of a forged deed, alleging that our client failed to properly conduct a title examination and failed to procure title insurance after the defendant elected to proceed with a cash only closing. The trial court granted summary judgment, and the defendant appealed. On appeal, the Seventh District affirmed, finding that the defendant’s decision to go through with a cash only closing – and our client’s subsequent note that the defendant would be responsible for all “fees” going forward – were sufficient to modify the contract and eliminate any duty to procure title insurance.

Affirmation of summary judgment in favor of law enforcement/public safety training provider.

Defended sports facility against claim of negligence.

Summary judgment granted in favor of an insurance agent, based on allegations of a failure to appropriately maintain an insured’s policy.

Defended retailer in small claims trial.

Denial of summary judgment reversed in medical malpractice case.

Plaintiff dismissed medical malpractice lawsuit.

Trial defense of admitted liability with negligible jury verdict.

Judgment reversed and remanded in favor of big box retailer in employment matter. 

District court denied Plaintiffs’ Application for a Preliminary Injunction in a school speech case.

Defended orthopaedic center and its doctors against a medical malpractice claim. After a one day bench trial on the matter and several witnesses being presented, the magistrate issued a written decision dismissing Plaintiff’s Complaint.

Summary judgment granted in favor of prison telecommunications service provider that was sued on seven counts by the parents of an inmate who died while incarcerated. The parents alleged that our client unreasonably failed to preserve and provide recorded videos of their daughter's outgoing calls that could have been used as evidence in their separate wrongful death lawsuit against the county.  

Summary judgment affirmed on a legal malpractice case based upon the statute of repose.

The Eighth District Court of Appeals affirmed summary judgment on behalf of the Clifton Club and Clifton Park Trustees related to a decades’ long property dispute involving access to Clifton Park property by non-resident members of the Clifton Club. The Plaintiffs, various residents of Clifton Park, first brought suit against the Trustees and Club in 2012, alleging that the Trustees improperly favored the Club as a beneficiary as a result. The litigation has continued in various incarnations since then.  The Eighth District determined that summary judgment was properly granted based upon res judicata grounds, as prior suits brought by the Plaintiffs were premised upon similar facts and legal issues.

Successfully obtained summary judgment for our architect client who faced significant design defect allegations and potential exposure exceeding $2.5 million.

Summary Judgment in favor of big box retailer in trip and fall case. 

Decision affirmed in a case involving a dock ownership and placement dispute between plaintiffs-property owners and defendants-neighboring property owners and homeowner’s association in which plaintiffs claimed conversion and sought declaratory relief. The trial court’s order granting summary judgment in favor of defendants was affirmed, as was the order granting association’s counterclaim for indemnification, where evidence shows that plaintiffs had acquiesced to the neighboring owners' exclusive control of the dock, which had been relocated entirely within the neighboring water space, and had not demonstrated ownership, thereby barring their conversion claim.

Motion to dismiss granted in favor of hospitality company. Plaintiff alleged that our client violated the Americans with Disabilities Act (ADA) due to architectural barriers.

Motion for Summary Judgment granted in favor of automobile insurance company.

Represented a long term care facility in a judicial review of a decision finding them in violation of numerous regulations under the Indiana Administrative Code.

Obtained summary judgment in favor of our real estate broker client in a liability case involving dual representation and alleged violations of duties to a tenant. 

Represented client in a Ohio CSWMFT Board investigation of their license over four separate ethical complaints filed by former counseling clients as well as one former employee-counselor. The investigation was closed without any findings against our client and a full resolution of all complaints. 

Succesful dismissal of attorney malpractice lawsuit.

The Kentucky Court of Appeals affirmed the defense verdict in favor of our hotel client, upholding the dismissal of a negligent security claim.

Judgment affirmed in favor of city school district board of education in breach of contract case.

Summary judgment affirmed in favor of school Board of Education, Superintendent, and current/former Board members involving various claims, including claims of a hostile work environment and intentional infliction of emotional distress.

Dismissal affirmed in legal malpractice case.

Motion for Judgment on the Pleadings granted in favor of attorney in a business dispute.

Dismissal obtained in a legal malpractice action stemming from an underlying high profile criminal action against a prominent Cleveland physician found guilty of health care fraud, lying to government agents, and money laundering. Plaintiff claimed malpractice against numerous attorneys who assisted in his representation, but the claims were outside of the relevant statute of limitations.

Motion to Dismiss granted and all claims against our big box store client were dismissed with prejudice.

Appellate Court affirmed decision of Common Pleas in favor ofour client in a workers’ compensation claim.

Represented a restoration company alleged to have negligently failed to remediate water damage.

Represented a lawyer and his law firm against a legal malpractice claim. The judge granted summary judgment to the lawyer and his firm on all claims and the complaint was dismissed.

The Indiana Supreme Court ruled that our Church client was entitled to summary judgment after a volunteer was injured on its property, finding that the limited duty of care under Indiana Code § 34-31-7-2 applied because the church’s premises as a whole were used primarily for worship. Since there was no evidence of hidden dangers or intentional harm, the Court held that the Church was not liable.

Successfully obtained summary judgment on behalf of county employees in civil rights lawsuit filed by an inmate of the county jail.

The case started as a well check of Plaintiff’s children by law enforcement on March 4, 2019, that quickly escalated and lasted for over ten hours. The situation ultimately resulted in Plaintiff’s two children being removed from his home. Attorney Delamater communicated with both Plaintiff and law enforcement officials that day at the request of a friend and in an attempt to de-escalate the situation out of fear for the safety of Plaintiff and his young children. Plaintiff alleged that Delamater did not properly represent him during the subsequent child custody hearings. The Court granted summary judgment in favor of Defendants.

Obtained summary judgment for our client, a bakery, in a negligence action.

Plaintiff appealed trial court’s granting of summary judgment in trucking liability claim

Secured defense judgment in favor of an auto dealership.

Ninth District Court of Appeals affirmed summary judgment to employer based upon a finding that the traveling employee exception to the coming and going doctrine was not applicable to respondeat superior claims.

Court of Appeals affirmed the decision of the Lucas County trial court which denied Plowman’s administrative appeal of the City of Waterville’s decision to approve certain conditional use permits. Trial Court found that the evidence in the record did not support a finding the decision to approve the conditional use permit for the proposed Amphitheatre project was unconstitutional, illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of the evidence and that the procedural requirements for the vote were met.

Secured a significant win in a legal malpractice and fee dispute case in Ohio. Plaintiff, after selling a business with the assistance of other attorneys, remained employed by the purchasing company. When the plaintiff was later terminated, they retained our client to pursue an employment claim against the buyer. The case went to trial, resulting in a loss for the plaintiff. Following the loss, the plaintiff sued our client for legal malpractice while also owing approximately $30,000 in unpaid legal fees. In response, they filed a counterclaim to recover the outstanding fees. Just before the plaintiff’s scheduled deposition, they voluntarily dismissed. 

Obtained a bench trial ruling in favor of a big box retailer in a breach of contract lawsuit.

Nick’s client, a small family-run medical practice, provided advanced venous/stasis ulcer treatment to a number of patients. The client utilized amnion cells, skin substitutes, and other proliferative and inflammatory phase venous/stasis ulcer treatment products to heal these otherwise stalled wounds. Medicare, after initially making the payments for these products/services, later denied coverage because it deemed them “not reasonable and necessary” compared to more traditional wound care treatment options. The client was subsequent issued a significant overpayment notice requiring the client to pay it all back. Nick filed a notice of appeal with the Office of Medicare Hearings and Appeals to have the case heard by an administrative law judge. Nick and the client attended the ALJ wherein Nick successfully argued the client’s case, and the ALJ subsequently issued a fully favorable decision for the client and vacated the overpayment decision.

Obtained a ruling on behalf of our client, a freightliner driver, in a vehicle accident case.

Summary judgment granted in favor of a non-profit entity that provided mental health care and treatment to inmates at a county jail.

Court of Appeals affirmed the decision of the Lucas County trial court dismissing claims of breach of fiduciary duty, fraud, conspiracy, and IIED, on the basis that they were subsumed into the legal malpractice claim and barred by the statute of limitations.       

51ºÚÁϳԹÏÍø represented the employer-Defendant in a claim for age discrimination, race discrimination, and retaliation in the United States District Court, for the Southern District of Ohio. In an Order dated December 19, 2024, by Judge Timothy Black, the employer-51ºÚÁϳԹÏÍø client was granted summary judgment on all claims in the Plaintiff’s complaint. The complaint has now been dismissed with prejudice.

This case arose from a water leak at a Cincinnati commercial property following a 2020 HVAC system renovation, resulting in extensive flooding and a $2 million negligent design claim against a subcontractor who implemented—but did not design—the system.The trial court granted summary judgment in favor of the subcontractor, finding that waiver of subrogation clauses in project contracts barred the insurance claims, a decision upheld on appeal, with the insurance company's arguments regarding policy terms and standing ultimately rejected.

The court found both parties equally at fault after our client swerved to avoid a direct collision with the Plaintiff emerging from a blind driveway, and our client now plans to pursue recovery of 50% of her losses, totaling at least $8,000.

Obtained summary judgment on behalf of defendant cemeteries association in a contract dispute regarding family member’s proper burial site.  

Secured arbitration defense verdict in favor of blasting client.

Appellate court affirmed dismissal of third-party legal malpractice claims against law firm.

Achieved a favorable settlement on behalf of trusts and estates beneficiaries.

Motion to dismiss granted in favor of residential real estate appraisers accused of negligence.

Claimant was a groundskeeper at the university who had uncontrolled diabetes. He developed a diabetic foot ulcer that became septic, resulting in a below-the-knee amputation.  He alleged the ulcer was due to a work incident in which he stepped wrong off a curb while weed-eating, causing a contusion that led to a blister. Defense counsel introduced testimony from co-workers implicating an incident at home when he was using a shovel as the cause of the blister rupturing, close in time to his hospitalization for sepsis. Defense expert medical testimony indicated there was no reason to believe the ulcer was caused by any specific traumatic incident, as it had the appearance of a classic, non-traumatic diabetic foot ulcer. Claimant was seeking permanent total disability ($431,646.71) plus medical benefits related to his amputation and prosthesis. The claim was dismissed in its entirety based on the threshold causation issue.

Successful defense of federal motor carrier in civil rights lawsuit before the Kentucky Court of Appeals following summary judgment at the trial court, leading to a published appellate opinion in favor of the client.

An endodontic file separated in the patient’s root during a root canal. Plaintiff claimed that he was not told about the retained file and was not provided with options for treatment.

Court of common pleas granted summary judgment based upon open and obvious doctrine.

Plaintiff filed an action against a national retailer for targeting after they refused him service and requested police issue an order that he no longer enter the store. Nick filed a Motion to Dismiss based on Indiana Trial Rule 12(B)(6) for failure to state a claim upon which relief can be granted. Plaintiff failed to amend his Complaint within the time period required by the Trial Rules, and the Court set the matter for hearing. At oral argument, Nick stated that, on the face of the Complaint, Plaintiff’s allegations against the retailer were not cognizable claims recognized in Indiana, and that constitutional provisions give a private business the right to refuse service to a single individual customer in this case’s particular circumstance. Nick further argued that the Court lacked jurisdiction to order any equitable relief, and because the Plaintiff’s Complaint was silent as to any monetary damages, the Complaint should be dismissed in full. The Court agreed, and entered an order dismissing the case.

Successfully defended a local car wash in a Small Claims Trial. The Plaintiff claimed that our insured car wash was negligent or that their machinery malfunctioned, causing damage to her vehicle. The Magistrate issued a defense verdict which was affirmed by the Municipal Court Judge. 

Fifth District Court of Appeals affirmed dismissal of medical malpractice as untimely due to failure to comply with 180-day letter mailing requirements.

Order dismissing arbitration granted in favor agribusiness client based on warranty limitation.

Secured defense verdict in slip and fall case at amusement center.

Obtained defense verdict in favor of a radiologist in a case involving an alleged negligent interpretation of a chest CT scan. 

Summary judgment granted in favor of office technology provider.

Defense verdict affirmed in favor of airline in a small claims trial.

Plaintiff claimed broken tailbone and years of back pain resulting in injections from a fall on clear liquid at a big box store. Plaintiff failed to identify any employee who had notice of the hazard let alone produced evidence that the hazard was existing or how long it had existed, prior to the alleged fall and injury. The Court agreed that it was Plaintiff’s burden of proof to demonstrate prior notice, entering judgment in favor of our client and dismissal all claim just a couple weeks shy of trial.

Motion to dismiss granted in favor of Police Department and Detective Sergeant in legal challenge to enforcement of Delta 8

Sixth District unanimously affirmed jury trial verdict in favor of physicians and overruled objections as to alleged hearsay evidence and cumulative errors in 63-page opinion.

Seventh District Court of Appeals affirmed dismissal of workers’ compensation appeal to common pleas court due to failure to challenge dependency determination in mandamus.

Represented a business owner in a lawsuit against his brothers and settled for a sizable amount. Our client’s ex-wife then filed a motion to reopen her divorce case and attempted to recover 10% of the amount our client received. We fought that issue and tried the case to the Domestic Relations Court.

Suit was dismissed against Insurer in small claims trial related to blasting work performed by Insured.

Summary judgment granted in favor of temp agency in slip and fall case.

Plaintiff was hospitalized for approximately six weeks in 2021 after becoming infected with COVID-19 and suffering severe complications from the virus. During his hospitalization, which required immobilization and use of a ventilator, the Plaintiff developed a severe pressure injury on his buttocks. As a result, he alleged that he received negligent medical care and treatment from his numerous medical providers. However, the trial court, and the Indiana Court of Appeals, determined that the medical providers were immune from liability under both Indiana and federal statutes because Plaintiff was receiving certain medical treatment in response to, arising from, or related to the Covid-19 public health emergency. 

Obtained dismissal of legal malpractice claim against an estate planning attorney and his firm.

Order to Deem Requests for Admissions as Admitted and Order granting summary judgment in favor of big box retailer.

Obtained judgment in favor of a car wash. The Plaintiff alleged roughly $2,000 in damages from a car wash owned and operated by our client.

Motion to dismiss granted in favor of defendants accused of violating the Electronic Communications Privacy Act (“ECPA”) commonly known as the Federal Wiretap Act

Motion for judgment on the pleadings granted based on four-year medical claim statute of repose in a multi-faceted lawsuit (alleging federal and state law claims) against medical care providers based on a suicide in a county jail.

Obtained a ruling in favor of an inpatient mental health facility. Plaintiff alleged that her credit card and cash were stolen during her stay. 

Obtained summary Judgment in favor of insurance agent based on claims of a failure to advise regarding insurance coverage.

A nationwide provider of training and continuing education courses to members of law enforcement and public safety alleged that our insurance agent failed to advise them of event cancellation insurance and failed to procure insurance to cover the cancellation of any the seminar/classes they had across the nation. The Court granted summary judgment in favor of our client based on the statute of limitations.

Plaintiff sued our client, a contract optometrist, for the Indiana Department of Correction, for delaying treatment of his eye infection and getting him prescription eyeglasses in violation of the Eighth Amendment. Without eyeglasses, Plaintiff is legally blind.  While Plaintiff did have an eye infection at one point, any evidence that the doctor knew about it was deemed inadmissible and thus there is nothing he could have done about it. Similarly, while there was delay in getting him eyeglasses, it was established that the doctor was only involved in preparing the prescription as opposed to order and procuring the eyeglasses. The Court granted summary judgment to our client by concluding there was any genuine issue of material fact as to whether our client was deliberately indifferent to Plaintiff’s serious medical needs.

Successful defense of company from claims of workers’ compensation retaliation and intentional tort.

The Second District Court of Appeals upheld a favorable defense verdict and overruled objections that the trial court failed to strike prospective jurors for cause and improperly seated two substitute jurors.

Successful defense of a Fort Wayne hotel in a trip and fall incident causing multiple orbital bone fractures, permanent facial nerve damage, and double vision to the Plaintiff whom the jury found to be primarily at fault more so than the hotel.

Motion for summary judgment granted in a slip and fall case at a medical facility.

The Eleventh District Court of Appeals affirmed the dismissal of a claim for intentional interference with an expected inheritance when the plaintiff failed to exhaust probate remedies.

Obtained a directed verdict in Central District Court in Trumbull County on behalf of big box retailer in a consumer sales practices act and negligence case. 

Motion for summary judgment granted in favor of attorneys in legal malpractice and deceit case.

The purchaser of a property who after the title agency prepared the settlement statements instead elected to proceed with the closing without the title agency filed a third-party claim against the title agency when the purchaser later discovered a potentially fraudulent signature in a prior deed in the chain of title.  The Court granted the title company summary judgment holding that a title search does not include the rendering of an opinion as to the validity of the title and the title agency was no longer under any independent duty to disburse funds for title insurance that were set forth in the settlement statements when the purchaser elected to forego the closing.

Defended physician against wrongful death claim. The Court granted motion to dismiss on statute of limitations grounds. 

Defense of apartment complex alleged to have owed deceased a duty for unforeseeable double-murder, suicide event.

Summary judgment granted in favor of apartment management group.

Defense of motor vehicle accident. Our client’s vehicle was parked along the sidewalk on a residential street when Plaintiff drove by and clipped his passenger side mirror on the driver’s side mirror of our client’s vehicle. Plaintiff sought recovery for property damage to his vehicle. The Court found in favor of our client. Specifically, the Court found that Plaintiff did not meet his burden of proof to show that Defendant was negligent per se and in violation of a parking statute 

Grandview Solar Project, LLC (GSP), the entity behind what we will be the largest solar farm in Indiana (+$50 million investment), filed suit against our insured, Town of Grandview, for refusing to issue them an improvement location permit for the solar farm project. There was an issue with the original approval of the project and the Town of Grandview did not want to issue an improvement location permit which exceeded their corporate limits. The matter was settled between GSP and the Town of Grandview with the Town receiving funds over the course of the project to help with town projects in the future and with GSP getting the improvement location permit.  More than 80 citizens who opposed the solar farm project subsequently filed a lawsuit alleging that the improvement location permit was void, seeking to stop the construction of the permit.  Town of Grandview filed a motion to dismiss along with GSP which the Court granted.

Expungement of customer dispute awarded in favor of investment advisor/broker in FINRA arbitration hearing.

Motion for Relief granted in favor of big box retailer.

Following termination, a former employee sued our office equipment supplier client for defamation per se, tortious interference, and breach of contract based on alleged statements made by agents/employees to third-party customers in the office sales market, which pertained to the former employee's business conduct and practices. In addition, the former employee's new employer brought its own tortious interference with a business relationship claim, alleging the defamatory remarks made about the former employer also hurt its business. Obtained defense verdict on all claims after 7 day jury trial.