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Recent Highlights

2008	Randy Engwert and Mike Jackson tried a FELA case to a defense verdict in the Lucas County Court of Pleas. The plaintiff claimed a multiple disc fusion from alleged defects in the ground conditions in a rail yard. The plaintiff claimed $2.8 million in economic damages alone.
2007	Michelle Parker and Steve Carr defended a railroad FELA case in Syracuse, NY, arguing that the plaintiff was responsible for the incident and that the plaintiff could return to work. The plaintiff sought an award of over $2 million dollars. The jury found the plaintiff 80% culpable, and awarded $0 for future economic loss and $0 for future pain and suffering. The net award was $40,000.
	Michelle Parker and Steve Carr defended a railroad FELA case in Buffalo, NY, arguing that the plaintiff was responsible for the incident. The plaintiff sought an award of over $2 million dollars. After 3 weeks of proof, the jury found the defendant negligent, but also found that such negligence did not cause the incident – with the effect of finding plaintiff 100% culpable.
	Kim Gensler prevailed on an appeal at the Fourth Department in a dental malpractice case where the Appellate Division upheld the grant of summary judgment on statute of limitations grounds, despite an argument of continuing treatment by the plaintiff.
2006	Kim Gensler tried a personal injury bus accident case to a defense verdict in a summary jury trial in the Erie County Supreme Court in Buffalo, New York.
	Attorneys Dick Ellenberger and Nathan Boyd tried a fatal railroad crossing case to a defense verdict in the Court of Common Pleas in Wayne County, Ohio. The plaintiff had sought millions of dollars in damages.
	Attorneys Marjan Neceski, Christine Chiriboga and Joohong Park were granted partial summary judgment on the issue of liability in a Federal Employers’ Liability Act and property damage case filed in U.S. District Court in Buffalo, N.Y. After partial summary judgment was granted, the case settled in the railroad client’s favor in the amount of $510,000.00, inclusive of damages, interest to date, and legal expenses and fees.
	Attorneys Bob Anspach and Greg Wagoner tried a Federal Employers’ Liability Act case in a Michigan Federal Court for a Tier I railroad. The case settled during trial but with a favorable outcome for our client.
	Attorneys Garrick White and Rebecca Nowak tried a breach of contract case to a defense verdict with an award of $15,600 in their client’s favor on a counterclaim in the Court of Common Pleas in Wood County, Ohio. The plaintiff was a subcontractor on two separate construction projects claimed that the General Contractor breached its contract by rejecting goods and materials submitted on the projects. The counterclaim sought damages resulting from the subcontractor’s failure to submit acceptable and timely goods and materials to the projects.
	Attorneys Garrick White and Nathan Boyd were granted summary judgment after briefs and oral argument in the Court of Common Pleas in Lucas County, Ohio. The plaintiff claimed emotional damages resulting from alleged fraudulent billing and other violations of state law by the hospital.
	Attorney Michelle Parker tried a personal injury auto accident case to a defense verdict in the Erie County Supreme Court in Buffalo, New York.
2005	Attorneys Jamie Carnes and Randy Engwert tried a Federal Employers’ Liability Act case to a defense verdict in the U.S. District Court in Toledo, Ohio. The plaintiff was a railroad worker who claimed to suffer from permanent and disabling injuries from exposure to cigarette smoke on railroad premises. The plaintiff demanded $750,000 before trial and had asked the jury for nearly two million dollars in damages.
	Attorney Greg Wagoner was granted summary disposition for a Tier I railroad in Michigan State Court in an occupational case brought under the Federal Employers’ Liability Act.
	Attorneys Jamie Carnes and Jessica Straub tried a Federal Employers’ Liability Act case to a defense verdict in the Wayne County Circuit Court in Detroit, Michigan. The plaintiff was a railroad worker who claimed to have developed carpal tunnel syndrome and other injuries from his work at the railroad.
	Attorneys Mark Meeks and Greg Wagoner were granted partial summary disposition in Saginaw County Circuit Court in Saginaw, Michigan, for a Tier I railroad in a Federal Employers’ Liability Act case. The plaintiff’s claim that the railroad was absolutely liable under the Federal Safety Appliance Act was eliminated from the lawsuit.
	Attorney Jamie Carnes was granted summary judgment in a railroad crossing case in the U.S. District Court in Cleveland, Ohio. The plaintiff lost both legs as a passenger in a collision with a train. The plaintiff demanded over a million dollars in damages, but the Court held the railroad was not liable. The decision was then briefed and argued to the United States Sixth Circuit Court of Appeals, who upheld the decision in favor of the railroad.
	Attorneys Mark Meeks and Nathan Boyd tried a Federal Employers’ Liability Act case to a defense verdict in the Court of Common Pleas in Lucas County, Ohio. The plaintiff claimed to have been injured by improper and defective railroad equipment.
	Attorneys Jamie Carnes and Jessica Straub were granted summary judgment in a personal injury case filed against the railroad in the Court of Common Pleas in Huron County, Ohio.
2004	Attorneys Mark Meeks and Jessica Straub tried Federal Employers’ Liability Act case to a defense verdict in the Court of Common Pleas in Lucas County, Ohio. The plaintiff claimed to have suffered permanent disability from a head injury.
	Attorney Marjan Neceski was granted summary judgment in a personal injury case involving a railroad client and an employee of an industry it serviced. The case was filed in U.S. District Court in Buffalo, New York. The plaintiff claimed injury as a result of tripping and falling over tracks that she claimed were not properly maintained by the railroad.
	Attorneys Mark Meeks and Steve Carr were granted a directed verdict after opening statements in the Court of Common Pleas in Cuyahoga County, Ohio. The plaintiff was making a nuisance claim against the railroad.
	Attorneys Robert Anspach and Randy Engwert tried a Federal Employers’ Liability Act case to a defense verdict in the U.S. District Court in Toledo, Ohio. The former railroad employee alleged he sustained injuries to his shoulder and cervical spine while working on a rail car. The jury deliberated for less than an hour before returning the verdict in favor of the railroad.
	Attorneys Marjan Neceski and Steven E. Carr were granted summary judgment in a personal injury action involving a multi-car accident at a grade level crossing. The case was filed in N.Y. State Supreme Court, Niagara County. The plaintiff had claimed that the railroad client had defective electronic circuitry that was tied in to traffic lights at the crossing.
	Attorneys Dick Ellenberger and Garrick White were granted summary judgment in a Federal Employers’ Liability Act case in the U.S. District Court in Toledo, Ohio. The plaintiffs were railroad employees claiming emotional distress relating to a collision at a railroad crossing. The decision was then briefed and argued to the United States Sixth Circuit Court of Appeals, who upheld the decision.