Canty v. Coast Guard
June 10, 1985 Location: Cleveland, OH Practice Area: Discrimination Plaintiff (John's party): Bernard J. Canty Outcome: Judgment for Plaintiff Description according to this party: Plaintiff was a merchant seaman who had his seaman's card taken away because he failed to take his epilepsy medication and had a seizure. We proved that the Coast Guard regulation requiring him to be seizure free for one year, when other seaman with medical disabilities were not so burdened, was unreasonable and discriminatory, so the court ordered the restoration of his seaman's card.
Higgins v. Stumpf dba
January 19, 1989 Location: Cleveland, OH Practice Area: Slip and Fall Accident Plaintiff (John's party): Lloyd E. Higgins Outcome: Settled for $289,000 Description according to this party: Plaintiff was a customer in a restaurant who slipped and fell on ceramic tile as he was exiting the restaurant. The tile was wet at the time. Plaintiff suffered extensive brain injury as a result of the fall.
Leistiko v. Stone, Secretary of the Army
January 23, 1998 Location: Cincinnati, OH Practice Area: Employment / Labor
Plaintiff (John's party): Fred Leistiko Outcome: Summary judgment affirmed Description according to this party: Plaintiff was a federal employee working as a technician in the Ohio National Guard. After an incident in a plane in which plaintiff suffered a period of hypoxia, his flight status was taken away, but he remained a rated aviator. Plaintiff sued, alleging that he was deprived of property, to wit, his employment, without due process of law. The Sixth Circuit Court of Appeals held that the National Guard Technicians Act was trumped by the Civil Service Reform Act of 1978 in this case so as to deprive plaintiff of a right to judicial review because his job was military in nature.
Garrett v. Cleveland
April 21, 2005 Location: Cleveland, OH Practice Area: State, Local & Municipal Law Plaintiff (John's party): Billy Garrett Outcome: Trial court judgment reversed and remanded Description according to this party: Plaintiff sued City of Cleveland because the city demolished a house he was rehabbing without engaging in the proper procedures to demolish same. The property was condemned two years before Plaintiff purchased it, but Plaintiff spent $35,000 to fix it up. City building inspectors went to the site and knew that the property had been substantially repaired. The trial court entered summary judgment in favor of the city. On appeal, the appellate court held that genuine issues of material fact existed and returned the case to the trial court.
GURICH V. JANSON
Oct. 27, 1998 Location: Ashtabula County, Ohio Practice Area: Real estate Plaintiffs: William and Marsha Gurich Outcome: Judgment for Plaintiffs Description according to this party: Father promised his daughter that she and her husband could own the dairy farm they had been working for years when the mortgage on the property was paid off. Daughter and her husband paid the mortgage payment as agreed, but Father reneged on his promise to convey property to them. Daughter and husband sued Father for specific performance of his oral promise to convey the farm to them. Court ordered Father to sign deed to the farm over to daughter and her husband.
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