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Category Archives: Ohio

Negligence Standard: Public Roadways versus Private Parking Lots or Roads

An auto accident that takes place on a public roadway has a different negligence duty versus an auto accident in a private parking lot or road. Triers of fact will have more opportunity to find comparative negligence between the parties versus an accident on a public roadway, subject to Ohio statutes.

The Economic Loss Rule

The Economic Loss Rule is a doctrine that prohibits recovery for an economic loss resulting from a wrongful act or an infringement of a right, when unaccompanied by physical property damage or personal injury. Instead, only parties to the contract or contractual beneficiaries may recover economic losses. An economic loss is a financial loss. The… Read More »

When does the PUCO have jurisdiction over a claim

In Ohio, as in most states, public utilities have significant influence and power. One way in which the utility exercises that power is to try to move a case in litigation to a more utility-friendly venue, the Public Utilities Commission of Ohio (PUCO). Ohio Revised Code 4905.26 vests the PUCO with jurisdiction to hear and decide claims related to the provision of service by utilities.

Subrogation Recovery on a Workers’ Compensation Lien

Did you know that it is still possible to pursue subrogation recovery on a workers’ compensation lien for a lien that accrued outside of Ohio? You may pursue reimbursement of the workers’ comp lien up to two years from the date the lien was paid.

A Workers’ Compensation Dilemma

What happens when a worker injured in a third-party settles a personal injury claim with a liability insurer before receiving BWC benefits? Third-party liability insurers making payments for injuries and damages from an on-the-job accident must provide prompt notice of its subrogation interests to the Ohio BWC.

What is a Political Subdivision

Some interesting highlights from the statute include county hospitals along with their commissioners and trustees, port authorities, fire and ambulance districts, waste management districts, and correctional facilities. Further, identical language is contained in ORC 3345.50(B)(2) which applies to state universities and colleges.

Residential Gas Explosion

The defendant, who was known to do a lot of tinkering around the home and working on his own cars, was planning something and had removed the cap on the gas line of his home. Of particular significance, was the fact that the defendant had sent a message to a person he was communicating with on a local dating website, where he indicated he “smelled propane and had to go see what was going on” and that he “hoped he didn’t blow the place up”. Afterwards, the defendant’s home exploded. The explosion, and subsequent fire, killed the defendant and damaged the insured’s home. The insured’s home was damaged beyond repair and had to be torn down.

Contributory Negligence and Comparative Fault

Comparative fault and contributory negligence are two seemingly simple terms that can cause severe headaches in our daily lives if we don’t understand these terms. Each concept is applicable to an event where two or more persons may be responsible for the damages. Comparative fault and contributory negligence only apply to negligence claims. Though these doctrines can be complex in practice, below are a few ideas to consider when pursuing your subrogation claim.

Keis George Attorneys Named to Super Lawyers

Keis George is proud to announce Warren S. George, managing litigation partner, Andrew C. Stebbins, associate, and Kevin F. Keeley, associate, have been recognized as 2018 Super Lawyers and Rising Stars. Pictured from left to right, Warren S. George, Andrew C. Stebbins, and Kevin F. Keeley.  Super Lawyers acknowledges attorneys with a high degree of… Read More »

Using Circumstantial Evidence to Prove a Product Defect

Ohio Revised Code 2307.73(B) provides that a claimant may present circumstantial evidence to establish that a manufacturer’s product was defective if the product was destroyed. When it comes to product liability claims against a manufacturer, one thing that can be detrimental to a claim is when the product is so badly damaged after a fire… Read More »