COMMON PLEAS COURT I
JUDGE CHRISTOPHER J. COLLIER

 

JUDGE COLLIER'S 2006 JURY VERDICT SYNOPSIS

CLICK ON CASE NAME FOR SYNOPSIS     

DATE

CASE NAME

CASE NUMBER
1-10-06 Cheryl Staron v. Mary Johnson 05 CIV 0056
1-18-06 John Berchin v. Pine Hills Golf Club, Inc.  04 CIV 0356
1-22-06 Wise v. Samples  04 CIV 0970
3-6-06 State of Ohio v. John Phillips 05 CR 0355
3-8-06

Michele Privera v. Lualhati Commons

05 CIV 0481
3-13-06 Brody, et al v. SCR-SCP, Inc., et al 05 CIV 0045
3-27-06

Hermitage Homes LTD, et al, v. Lax

04 CIV 1419
4-28-06

State of Ohio v. Frank P. Wood

05 CR 0365
5-15-06

State of Ohio v. Scott Wozniak

05 CR 0340
5-22-06

Sutton v. Sipp

05 CIV 1079
5-30-06 Hajek v. Gerstenfeld 05 CIV 0685
6-5-06 Youmell v. Whitford 05 CIV 0140
6-12-06 Hanlon v. Prostejovsky 04 CIV 0655
6-27-06 Estate of Killinger v. Stephenson 05 CIV 0014
7-5-06 Miller v. Norton 04 CIV 0883
7-13-06 Bauer v. Saari 04 CIV 0563
7-19-06 State of Ohio v. David E. Travis 05 CR 0581
8-8-06 Dearlove v. Newsome 05 CIV 0123
8-14-06 State of Ohio v. Robert F. Morris, Jr. 06 CR 0124
8-21-06 Brian Brammer v. Tiger General, Inc. 05 CIV 1510
9-11-06 Sporck v. Baker, et al. 05 CIV 0574
9-18-06 Jeffrey Kinney v. General Motors 05 CIV 1064
9-20-06 State of Ohio v. Sean M. Flynn 06 CR 0406
9-27-06 State of Ohio v. James D. Pullin 06 CR 0288
10-31-06 State of Ohio v. Alton Cromartie 06 CR 0003
11-15-06 State of Ohio v. Peter Riffle 06 CR 0487
11-27-06 Watkins v. Roetzel 05 CIV 0984
12-11-06 State of Ohio v. Russell P. Price, Jr. 06 CR 0468
12-18-06 Conrad v. Paintiff 05 CIV 1005

1-10-06   Cheryl Staron v. Mary Johnson

Case No. 05 CIV 0056

This case is an automobile negligence case wherein the Defendant struck one car and propelled it into the Plaintiff's car. Defendant admitted she was negligent but denied any connection between her negligence and the injuries
Plaintiff alleged.

Verdict: After a four day jury trial, the jury found against the Plaintiff and in favor of the Defendant.


1-18-06  John Berchin v. Pine Hills Golf Club, Inc. 

Case No. 04 CIV 0356 

This case involved an incident where Plaintiff fell and broke his wrist during the play of a round of golf. Plaintiff contended that there was a hazard on the course and that Defendant had the obligation to correct the hazard or post a warning about the hazard. Defendant denies that there was a hidden hazard on the course. Defendant claims that Plaintiff had the obligation to exercise due care and that any condition was open and obvious.  Defendant claims it is not liable under these circumstances.

The Plaintiff was represented by John Henck of Beachwood, Ohio. The Defendant was represented by Brian Kerns of Middleburg Heights, Ohio.

Verdict: The court declared a mistrial after jury selection. The matter has been rescheduled for jury trial in February.


1-22-06  Wise v. Samples

Case No. 04 CIV 0970

This case involved an automobile accident that occurred on April 28, 2003 at the intersection of State Route 303 and Erhart Road. Defendant rear-ended Plaintiff's truck. Defendant admits that he caused the accident but denies that the injuries Plaintiff suffered were proximately caused by this collision and disputes the Plaintiff's damage claim.

The Plaintiff was represented by Robert Lucarelli of Cleveland, Ohio. The Defendant was represented by D. Michael Johanson of Akron, Ohio.

Verdict: After a three day trial, the jury found in favor of the Plaintiff and awarded him $42,300.


3-6-06   State of Ohio v. John Phillips 

Case No. 05 CR 0355 

In this case Defendant was charged with two counts of Aggravated Vehicular Assault. The Defendant is alleged to have traveled northbound in the center turn lane of Route 42 from Medina City to Brunswick, exceeding 80 miles per hour, while drunk.  He drove through a red light at Sleepy Hollow Road and struck a woman who was injured. The Defendant denies he was intoxicated and denies that the victim suffered serious physical harm.

The State of Ohio was represented by Assistant County Prosecutor, Scott Salisbury.   The Defendant was represented by attorney Thomas McGuire.

Verdict: After a two day jury trial, the jury found the Defendant guilty of both counts of Aggravated Vehicular Assault.  He was immediately sentenced to three years in prison.


3-8-06    Michele Privera v. Lualhati Commons

Case No. 05 CIV 0481

The trial of Michele Privara v. Lualhati Commons, case no. 05 CIV 0481, involved an automobile accident that occurred on April 5, 2003 at the intersection of Carpenter Road and Laurel Road in Brunswick, Ohio. Defendant admitted that she caused the accident but denied that all of the injuries Plaintiff suffered were proximately caused by this collision and disputed the Plaintiff's damage claim. The Plaintiff was represented by Aaron Berg of Cleveland, Ohio. The Defendant was represented by Gregory Huber of Medina, Ohio.

Verdict: After a three day trial, the jury returned a verdict of $90,000 for Plaintiff and against Defendant.


3-13-06     Brody, et al., v. SCR-SCP, Inc., et al.

Case No. 05 CIV 0045

This case involved a wrongful death claim made by the survivors of Martin John Brody, a Columbia Gas Co. employee killed when he was struck by a drunk driver, James Woods. Woods had been drinking at the Village Inn, a tavern in Chippewa Lake immediately prior to the crash. In this lawsuit, Brody's family sued: (1) The Village Inn pursuant to the Dram Shop Act and (2) Columbia Gas Co. under the theory of the Employer's Intentional Tort. The Village Inn and Columbia Gas Co. both denied they were liable for the death of Martin John Brody. The Village Inn claimed that its employees did not know that James Woods was intoxicated when he left the bar. Columbia Gas claimed that Woods alone was responsible for the death of its employee, Martin John Brody.

The Plaintiff was represented by Christian Patno of Cleveland Ohio. The Defendant, The Village Inn was represented by Todd Cheek of Medina, Ohio. The Defendant, Columbia Gas Co. was represented by Ohio.

Verdict: After a two week trial, the jury found against the Plaintiffs on both claims.


3-27-06    Hermitage Homes, LTD, et al., v. Lax

Case No. 04 CIV 1419

The case of the Hermitage Homes, LTD, et al., v. Lax involves a real estate development dispute between the owner of land and developers of a real estate parcels known as "The Retreat at Medina" and "Burgundy Bay" Plaintiffs claim the Defendant breached a series of oral contracts and committed civil fraud against them. Plaintiff seek a share of the profits they earned during the claimed partnership. Defendant denies there was ever a partnership and denies any wrongdoing against the Plaintiffs. The Plaintiff was represented by Paul Pusateri of Canton, Ohio. The Defendant was represented by Ian Haberman of Medina Ohio. 

Verdict: After a four day trial the jury found in favor of the Defendant.


4-28-06   State of Ohio v. Frank P. Wood 

Case No. 05 CR 0365

In the case of the State of Ohio v. Frank P. Wood, case no. 05 CR 0365, the Defendant is charged with one count of Rape of a Child, less than 10 years of age and one count of Gross Sexual Imposition. The Defendant denied these allegations.

The State of Ohio was represented by Assistant County Prosecutor, Anne Eisenhower and Medina County Prosecutor, Dean Holman. The Defendant is represented by attorneys, F. Harrison Green of Cincinnati, Ohio and Ronald Stanley of Medina, Ohio.

Verdict: After a week-long trial, the jury found the Defendant guilty of Rape of a Child, less than 10 years of age and guilty of one count of Gross Sexual Imposition.


5-15-06     State of Ohio v. Scott Wozniak

Case No. 05 CR 0340

In the case of the State of Ohio v. Scott Wozniak, the Defendant was charged with one count of Menacing by Stalking.  The State alleged that the Defendant engaged in a pattern of conduct calculated to cause the victim fear of physical harm.  Further, the State claimed that the Defendant had a history violence towards the victim.  The Defendant denied these allegations.

The State of Ohio was represented by Assistant County Prosecutor Scott Salisbury.  The Defendant was represented by attorney Gregory Chizmar of Parma Heights, Ohio.

Verdict: After a three day trial, the jury found the Defendant guilty of Menacing by Stalking.


5-22-06     Sutton v. Sipp

Case No. 05 CIV 1079

The case of Amy Sutton v. Kelly Sipp was an automobile accident case wherein the Plaintiff claims she was injured as a result of the Defendant's negligence.  Defendant drove her car into the rear of the Plaintiff's car on Broad Street in Wadsworth , Ohio on September 24, 2004 .  Defendant admitted that she was at fault but disagreed that all of Plaintiff's physical complaints are related to the accident.  Further, Defendant disputed Plaintiff's claim for damages.

The Plaintiff was represented by attorney, Lawrence Friedlander of Cleveland, Ohio. The Defendant was represented by attorney, David C. Engle of Cleveland, Ohio.

Verdict:  After a three day trial, the jury found on behalf of the Plaintiff and awarded the Plaintiff $5,000.00 in damages.


5-30-06 Hajek v. Gerstenfeld

Case No. 05 CIV 0685 The case of Gary Hajek v. Renee Gerstenfeld, was an interesting civil matter. It was essentially a divorce without a marriage.  Gary and Renee lived together for seven months from April 2004 through January 2005. During that time they bought a time share in Florida, a home in Brunswick, Ohio and various other assets. A series of domestic violence allegations and civil protection orders ended their relationship. The parties disagreed on how the assets and obligations incurred during their relationship should be divided. The Plaintiff was represented by attorney, Steven Bailey of Medina Ohio. The Defendant was represented by attorney, L. Ray Jones of Medina, Ohio.

Verdict:  After a three day trial the jury found that the Defendant failed to return the engagement ring and ordered damages in favor of the Plaintiff and against the Defendant in the amount of $5,445.94 for the ring.  Otherwise the jury found on behalf of the Defendant on Plaintiff's claim.


6-5-06    Youmell v. Whitford

Case No. 05 CIV 0140

The case of Youmell v. Whitford, case no. 05 CIV 0140, is a motor vehicle accident claim.  The parties agreed that the Defendant was at fault when his pickup truck struck Plaintiff's car on Boston Road in Hinckley, Ohio on January 28, 2003.  The issue was the nature and extent of the injuries Plaintiff suffered.  Plaintiff claimed she suffered a closed-head injury.  She alleged pain and suffering and a permanent cognitive deficit.  She claimed that the crash caused a major change in her life.  She sought $250,000 from the jury for this injury.  Defendant argued that the Plaintiff suffered nothing but a strained neck and a small bump on her head.  Defendant suggested that the injury is worth $10,000.

The Plaintiff was represented by attorney Stephen Brown of Medina, Ohio and Paul Kray of Brunswick, Ohio.  The Defendant was represented by attorney Louis Moliterno of Cleveland, Ohio.

Verdict:  After a three day trial the jury found on behalf of the Plaintiff and awarded damages in the amount of $10,740.00


6-12-06     Hanlon v. Prostejovsky

Case No. 04 CIV 0655  

The case of Hanlon v. Prostejovsky, case no. 04 CIV 0655, was a lawsuit where Plaintiff claimed she was injured as a result of a motor vehicle accident at I-71 and Route 18 in Medina, Ohio on June 17, 2002. Defendant admitted that he caused the accident but denied that all of the injuries claimed by the Plaintiff were as a result of this accident. Further, Defendant disputed the amount of damages claimed by the Plaintiff. The Plaintiff was represented by attorney L. Ray Jones of Medina Ohio. The Defendant was represented by attorney R. Eric Smearman of Cleveland, Ohio.

Verdict: After a two day trial, the jury found on behalf of the Plaintiff and awarded her $7,174.00.


6-27-06     Estate of Killinger v. Stephenson

Case no. 05 CIV 0014

The jury trial of Killinger v. Stephenson was a wrongful death claim involving an automobile/pedestrian collision on State Route 42 across from The Lantern tavern in Medina , Ohio .  Mr. Killinger was stuck and killed while crossing the road from The Lantern to his home.  Mr. Stephenson was the driver of the car that struck Mr. Killinger.  Plaintiff claims that Stephenson was negligent and should have avoided the crash.  Mr. Stephenson claims he had no chance to stop or avoid the collision. 

The Plaintiff was represented by attorney Robert T. Conium and Sandra M. Kelly of Cleveland , Ohio .  The Defendant was represented by attorney Terrence J. Kenneally and David G. Utley of Akron , Ohio .  

Verdict:  After a four day jury trial, the jury found in favor of the Defendant.  


7-5-06     Miller v. Norton

Case No. 04 CIV 0883

This jury trial involved an automobile accident that occurred on August 1, 2002 on State Route 42 in Lafayette Township , Medina County , Ohio .  The Plaintiff, Gwendolyn Miller, was eastbound and came to a stop when she was struck from behind by the Defendant, Jennifer Norton.  Ms. Norton claimed not to have seen Ms. Miller.  The Plaintiff claims she suffered injury in the accident.  The Defendant denies negligence, proximate cause and disputes the Plaintiff's damage claim.

The Plaintiff was represented by Stephen J. Brown and Jennifer Matyac of Medina , Ohio .  The Defendant was represented by Gregory Huber of Medina , Ohio .

Verdict:  After a two day jury trial the jury found in favor of the Plaintiff and awarded her $7,500.                 


7-13-06     Bauer v. Saari

Case No. 04 CIV 0563

The case of the Janet Bauer v. Ray Saari, case no. 04 CIV 0563, involved the sale of a home on Farr Avenue in Wadsworth, Ohio. Plaintiff purchased a home from the Defendants in September 2002. After the Plaintiff moved in, she discovered that the basement leaked and mold and mildew appeared on the walls of the basement. Plaintiff contended that Defendants committed civil fraud and misrepresented the condition of the basement. Defendants denied they committed civil fraud. They claimed that they gave Plaintiff information concerning the condition of the basement before the sale.

The Plaintiff was represented by attorney Edmund Tallos of Cleveland, Ohio. The Defendants were represented by James McIlvaine of Wadsworth, Ohio.

Verdict:  After a three day trial the jury found on behalf of the Defendants and against the Plaintiff on her complaint.                 


7-19-06    State of Ohio v. David E. Travis

Case No. 05 CR 0581

The case of the State of Ohio v. David E. Travis, case no. 05 CR 0581 was a criminal matter where the defendant was alleged to have committed one count of rape of a child. The eleven year old child was a neighbor of the defendant. She claimed she was sexually assaulted in the basement of the defendant's home when he invited her over to play the drums. The defendant's witnesses denied that he committed this offense.

The State of Ohio was represented by attorney Scott Salisbury of the Medina County Prosecutor's Office. The defendant was represented by attorney Paul Grant of Akron, Ohio.

Verdict:  After a five day trial, the jury found the defendant guilty of Rape of a Child Less Than 13 Years of Age.                 


8-8-06    Dearlove v. Newsome

Case No. 05 CIV 0123

The case of the John Dearlove v. Bryan Newsome concerns an automobile crash on State Route 18. The parties agreed that Defendant was at fault when his car rear-ended Plaintiff's car that was stopped in traffic. Plaintiff contends that the soft tissue injuries sustained in this crash were an aggravation of a preexisting condition. Plaintiff had been in two previous car crashes within three years of this low speed collision. Defendant denied that any injuries Plaintiff complained of were proximately related to this incident.

The Plaintiff was represented by attorney Theodore lesiak of Medina, Ohio. The Defenadnt was represented by attorney Ronald Ziehm of Cleveland, Ohio of Cleveland, Ohio.

Verdict:  After a three day trial the jury found on behalf of the Defendant and against the Plaintiff on his complaint.


8-14-06    State of Ohio v. Robert F. Morris, Jr.

Case No. 06 CR 0124

The case of the State of Ohio v. Robert F. Morris, case no. 06 CR 0124 was a criminal matter where the defendant was alleged to have broken into the home of his ex-girlfriend and assaulted her new boyfriend. The Defendant contended that he was invited into the home and a fight ensued and that he was the victim of assault.

The State of Ohio was represented by Assistant County Prosecutor, Joseph Dangelo. The defendant was represented by attorney Kevin Ondrey of Wadsworth, Ohio.

Verdict:  After a two day trial, the jury found the defendant guilty of the lesser included offense of F-4 Burglary.


8-21-06    Brian Brammer v. Tiger General, Inc.

Case No. 05 CIV 1510

This jury trial involved a wrongful termination claim made by Plaintiff against his former employer. Plaintiff claims that he was discharged in violation of public policy and discharged in violation of the "Whistleblower" statute. Plaintiff alleged he called the Fire Marshall and OSHA when he noted violations of toxic waste disposal laws at his place of work. Plaintiff complained that he was fired when his employer discovered that he made the referral. Defendant denies that he fired the Plaintiff because he called the authorities. Instead, Defendant stated Plaintiff was unqualified for the job and was let go because of insubordination and poor job performance.

The Plaintiff was represented by attorney Karen Heartsmith of Canton, Ohio. The Defendant was represented by attorney Jihad Smaili and Dan Bartos of Cleveland, Ohio.

Verdict:  After a three day jury trial, the jury found in favor of the Plaintiff and awarded him a verdict of $15,000.00 against the Defendant.


9-11-06    Sporck v. Baker, et al.

Case No. 05 CIV 0574

The case of the William Sporck v. Dwight Baker and D&D Baker, Inc., involved a commercial lease dispute between Plaintiff and Defendant. This commercial lease related to the real property at 4184 Pearl Road, Medina, Ohio, a Maaco Auto Painting and Collision franchise. Plaintiff claimed that the Defendant failed to pay the rent on the lease and owed Plaintiff over $27,000. Plaintiff further claimed that the Defendant has damaged the property. Defendant denied that he failed to pay the agreed rent. Defendant claimed that Plaintiff failed to return his security deposit of $7,000.

The Plaintiff was represented by attorney Steven Bailey of Medina, Ohio. The Defendant was represented by William Ehrnfelt of Westlake, Ohio.

Verdict:  After a three day jury trial the jury found in favor of the Plaintiff on his claim and awarded him $7,300; the jury found in favor of the Defendant on his counterclaim and awarded him $2,900.


9-18-06    Jeffrey Kinney v. General Motors

Case No. 05 CIV 1064

This case involved a claim by the Plaintiff against the Defendant for breach of warranty and "lemon law" complaint. Plaintiff contended that there was a defect in the 2005 Chevy Trailblazer purchased by him. Plaintiff contended that the paint on the vehicle was defective and could not be repaired in a reasonable period of time. Defendant denied that the paint was defective and contended that the vehicle had been properly repaired.

The Plaintiff was represented by attorney Peter Cozmyk of Independence, Ohio. The Defendant was represented by Timothy Sullivan of Cincinnati, Ohio.

Verdict:  After a three day jury trial the jury found in favor of the Defendant and against the Plaintiff on his claim.


9-20-06    State of Ohio v. Sean M. Flynn

Case No. 06 CR 0406

The case of the State of Ohio v. Sean M. Flynn was a criminal matter where the defendant was charged with theft of a motor vehicle and failure to comply with the order of a police officer. The State claimed that the defendant led the Wadsworth police on a high speed chase after stealing a car from behind the T-Bar. The defendant denied the allegations and claimed that the case involved mistaken identity.

The State of Ohio was represented by Assistant County Prosecutor, Scott Salisbury. The defendant was represented by attorney Michael Westerhaus of Medina, Ohio.

Verdict:  After a three day trial, the jury found the defendant guilty of the both auto theft and failure to comply.


9-27-06    State of Ohio v. James D. Pullin

Case No. 06 CR 0288

The case of the State of Ohio v. James D. Pullin was a criminal matter where the defendant was charged with failure to comply with the order of a police officer. The State claimed that the defendant led the Ohio State Highway Patrol on a high speed chase on a motorcycle. The defendant denied the allegations and claimed that he never saw the officer.

The State of Ohio was represented by Assistant County Prosecutor, Scott Salisbury. The defendant was represented by attorney Bruce Hall of Medina, Ohio.

Verdict:  After a two day trial, the jury found the defendant guilty of failure to comply.


10-31-06    State of Ohio v. Alton Cromartie

Case No. 06 CR 0003

The case of the State of Ohio v. Alton Cromartie was a criminal matter wherein the defendant was charged aggravated burglary, felonious assault, two counts of violation of a protection order, two counts of intimidation and two counts of retaliation, and a series of gun specifications. The State claimed that the defendant broke into the garage of his former lover's house and waited for him to come home. When the victim returned home he noticed condensation on the windows of his jeep. When the victim looked for the source of the condensation the defendant jumped out of the jeep with a gun and assaulted the victim. The defendant claimed that the victim assaulted him and that the defendant acted in self defense.

The State of Ohio was represented by Medina County Prosecutor, Dean Holman. The defendant was represented by attorney Joseph Morris of Cleveland, Ohio.

Verdict:  After a two week trial, the jury found the defendant guilty on all counts.


11-15-06    State of Ohio v. Peter Riffle

Case No. 06 CR 0487

The case of the State of Ohio v. Peter Riffle involved a claim of rape made by the adopted female child of the Defendant. The Defendant denied the charge and contended that the charge was made up by the child and her mother to support the mother's domestic relations case against the Defendant.

The State of Ohio was represented by Assistant Count Prosecutor, Scott Salisbury of Medina, Ohio. The Defendant was represented by attorney Robert Campbell of Medina, Ohio.

Verdict:  After a three day trial, the jury was discharged having been unable to reach a unanimous verdict.


11-27-06    Watkins v. Roetzel

Case No. 05 CIV 0984

The jury trial of Watkins v. Roetzel involved a motor vehicle collision that occurred on August 1, 2003 in the parking lot of the Fifth-Third Bank on Pearl Road, in Brunswick, Ohio. Plaintiff claims that Defendant was negligent when she backed out of a parking spot and struck the car driven by the Plaintiff. Defendant agreed that she was at fault but denied that the injuries claimed by the Plaintiff were related to this accident. Defendant alleged nothing she did proximately caused the injuries, so she should not be responsible for the claimed damages.

The Plaintiff was represented by attorney Paul Kauffman of Cleveland, Ohio. The Defendant was represented by attorney Gregory Huber of Medina, Ohio.

Verdict:  After a two day jury trial, the jury found in favor of the Plaintiff and awarded her $2,000.


12-11-06    State of Ohio v. Russell P. Price, Jr.

Case No. 06 CR 0468

The police were running license plates at the Legacy Inn in Wadsworth, Ohio. A car in front of Room 108 had plates that did not match the car. The front desk was called and they told the police that the room was rented to Russell price Jr. The police discovered that the defendant had a warrant for his arrest. When the defendant opened the door it appeared to the police that a ‚€œmeth lab‚€ had been set up in the motel room. The defendant was charged with illegal assembly of chemicals for the production drugs. The defendant denied he is guilty of this offense.

The State of Ohio was represented by assistant county prosecutor, Scott Salisbury. The Defendant was represented by attorney David Gedrock of Medina, Ohio and A. Michelle Jackson of Medina, Ohio.

Verdict:  After a two day trial, the jury found the defendant guilty of the crime of illegal assembly of chemicals for the production of drugs.


12-18-06    Conrad v. Paintiff

Case No. 05 CIV 1005

The jury trial of Kenneth Conrad and Russell Paintiff, Jr. involved a motor vehicle collision that occurred on the off ramp of I-71 and St. Route 303 in Brunswick, Ohio. Plaintiff Conrad claims that the Defendant ran a red light and the collision was caused by Defendant‚€™s negligence. Defendant denied that he was at fault and alleged that Conrad went through a red light. Further, Defendant claimed nothing he did proximately caused the injuries, so he should not be responsible for any of the claimed damages.

The Plaintiff was represented by attorney Barry Zalasko of Cleveland, Ohio. The Defendant was represented by attorney Laurel Letts of Cleveland, Ohio.

Verdict:  After a two day jury trial, the jury found against Plaintiff and in favor of the Defendant.


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This page last updated 27 December 2006