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.
Tort Times: It’s All About Relationships
As you know from my last article, I haven’t been a practicing attorney for long. I will admit in the very beginning it was confusing to me when I received a file that referred to the adverse party as a “claimant.” But you only need to read a claim file...
E-Cigarettes a Potential Fire Hazard
While viewed as a healthy and safer alternative to tobacco smoking, the advent of e-cigarettes has created its own set of hazards. E-cigarettes use lithium-ion batteries to power a heating element, which vaporizes a liquid, resulting in the simulated “smoke” of a tobacco cigarette. The lithium-ion battery presents the biggest...
Illinois Animal Liability
The Illinois Animal Control Act supplements the general common law rule and eliminates the requirement that the owner of the animal in question has prior knowledge of the vicious or dangerous propensities of the animal.
Tort Times: Litigate or Die Writing
Earlier this year, I had the opportunity to assist a partner in a jury trial. I had only recently been admitted to the Bar, and had only been employed by Keis George for a few months, so the chance to assist in one of our large loss property cases was...
When Can a Parent or Guardian Be Liable for the Actions of Their Children
Parental responsibility for the actions of minors is a sticky issue. However, in certain scenarios, parents or guardians can be held liable for damage(s) caused by the actions of minors. The two most common scenarios where this issue comes up are auto accidents and vandalism claims.
Brooks versus City of Huntington
Prior to the Court’s 2014 ruling in Brooks v. City of Huntington, a property owner could not recover damages greater than the property’s fair market value.
Another Means to Serve the Hidden Defendant
If you are pursuing a claim against a motor vehicle owner or operator, and have attempted to serve the defendant using a commercial carrier, certified U.S. mail, or regular mail to his or her last known residential address, but have not been successful, you may be able to perfect service...
Using Service by Publication to Serve the Defendant Whose Address is Unknown
The Ohio Rules of Civil Procedure provides an alternate means for serving those hidden defendants via service by publication.
Subrogation Against Political Subdivision
Buried in one of the Ohio Revised Code sections dealing with what is commonly referred to as “collateral benefits” is a bar to subrogation claims against political subdivisions. To recover damages for injury, death, or loss to person or property caused by an act or omission in connection with a...